It is in addition to Namecheap’s Universal Terms of Service and Namecheap’s hosting terms/policies,
including Hosting Acceptable Use Policy (collectively "Namecheap Terms"). In this Agreement "You" and "Your" refer to You as the user of Our Services, or any agent,
employee, servant or person authorized to act on Your behalf. "We," "Us" and "Our" refer to Namecheap, Inc., as well as its subsidiaries and sister companies ("Namecheap").
If you are entering into this Agreement on behalf of a company, organization or other legal entity, you are entering into this Agreement for that entity and representing that you have the authority to bind such
entity to this Agreement, in which case the term “You” will refer to such entity.
Temporary Use License
During the term stated in your account admin panel, or if no term is stated on a one-time temporary basis, you are granted a limited, revocable, non-exclusive, non-transferable license, without the right to sublicense, subject to the terms and conditions of this Agreement, to access and use the Service. You are not granted a license or any other right to copy or store any of the Service (including any portion of the software or documentation) on any computer or other device.
Namecheap shall own and retain all right, title and interest in and to its CDN products and related software, all improvements, enhancements or modifications thereto, and all intellectual property rights associated with the foregoing. Except for the limited access rights expressly granted in this paragraph, You obtain no rights to the Service or Namecheap’s intellectual property rights by implication, estoppel or otherwise.
By posting or publishing your content or comments or transmitting your data (“Content”) through this CDN, you give us permission to display and distribute your Content in order to provide the features, functionality and services of the CDN. By posting and publishing your Content, you represent and warrant that your Content does not infringe, violate or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
Namecheap shall have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Service and related systems. Namecheap will use such data to administer, improve and develop its products and services, including the Services; and Namecheap may share aggregated information and non-identifying information with third parties. You acknowledge that Namecheap may also share any Content and Your information if the disclosure is necessary to comply with a valid court order or subpoena.
In addition to the Acceptable Use guidelines in Namecheap Terms, Namecheap does not allow any of the following:
You may not send unsolicited messages or use the Services to send unsolicited messages (also known as junk mail or SPAM).
Any person deemed to be using Supersonic CDN solely as a remote storage server will have their account immediately terminated and will have all files associated with their account permanently removed.
You may not rent, lease, loan, or sell access to, or otherwise attempt to transfer any right in the Supersonic CDN (which includes its software and documentation) to a third party, through framing or any other method.
You must not reverse engineer, reverse assemble, or otherwise attempt to discover any programming code used in or with the Services (where reverse engineering is permitted by applicable law obtaining such information as is necessary to achieve interoperability with our Services, you agree to first request such information from us).
You must not modify, create derivative works based on or in any manner commercially exploit the Services, in whole or in part.
You must not interfere with or disrupt the Services or any part thereof, or create an undue burden on the networks or services connected to the CDN.
You must not introduce software or automated agents or scripts into the CDN in order to produce multiple accounts, generate automated searches, requests or queries, or to strip or mine content or data from the Services.
You must not perform any benchmark tests or analyses relating to the CDN without express permission of Namecheap.
The network resources of the CDN may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Namecheap. All messages transmitted via CDN should correctly identify the sender; You may not alter the attribution of origin in electronic mail messages or postings.
You shall not attempt to undermine the security or integrity of computing systems or networks of the CDN, its partners, or any other person, and must not attempt to gain unauthorized access.
The Services may only be used for lawful purposes.
The final decision of whether an account is in violation of any of these policies is at the sole discretion of Namecheap. You agree that violations by you or any person or entity acting under your account of the terms of this Agreement will, in addition to any other remedies including criminal prosecution, result in termination of your access to your website and removal (taking down) of all Content.
Privacy Regulations + Your Obligations.
You acknowledge that, in your use of the Service, you alone direct the content that is used in the Service. As such, you agree that you are Controller of any personal information included in your Content and processed by the Service, that Namecheap serves as Processor and that the processing is performed under contractual consent.
You further agree that you will comply with all privacy regulations applicable to you. If required by law, you agree that you will ensure consent and/or an appropriate lawful basis for directing Namecheap to process of any third party personal information via this Service. You also agree that Namecheap, as Processor, may engage sub-processors to provide you with the Service.
You acknowledge and agree that you will hold Namecheap, plus any/all sub-processors, harmless and fully indemnify Namecheap and sub-processors for processing third party data where you did not comply with applicable privacy regulations.
Data processed via this Service may be transferred to the US and/or other locations not deemed to have “adequate protection” under the GDPR.
Where such transfer occurs, Namecheap will transfer using an approved transfer mechanism, such as the Standard Contractual Clauses as outlined in our DPA.
Termination of Use; Discontinuation and Modification of the Services
We may at our sole discretion suspend or terminate your access to the Services at any time, with or without notice for any reason or no reason at all. We also reserve the right to modify or discontinue the Services at any time (including, without limitation, by limiting or discontinuing certain features of the Services) without notice to you. We will have no liability whatsoever on account of any change to the Services or any suspension or termination of your access to or use of the Services.
Disclaimers; No Warranties
THE SERVICES ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE NAMECHEAP ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR ENSURE THE UNINTERRUPTED OPERABILITY OF THE SERVICES. AS SUCH, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE NAMECHEAP ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICES AND EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
You agree that you will be responsible for your use of the Services, and you agree to defend, indemnify, and hold harmless Namecheap and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the "Namecheap Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Service; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.
Limitation of Liability
IN NO EVENT WILL THE NAMEHEAP ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE NAMECHEAP ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
We may revise these Terms from time to time. If we do, those revised Terms will supersede prior versions and become immediately effective. We will provide you with advance notice of any material revisions. This notice will be provided in your Namecheap account portal or via an e-mail to the e-mail address owner of your Namecheap account. Your continued access or use of the Services constitutes your acceptance of any revisions. If you do not agree to the revisions, you should stop using the Services.
If you have questions about this Agreement, please contact us by regular mail or email at the following addresses:
Namecheap Legal Department
4600 East Washington Street
Phoenix, AZ 85034