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Upon MetaCDN issuing a Receipt in response to Your Application, these terms and conditions form a legally binding agreement between You and MetaCDN.

  1. TERM

    This agreement commences on the date that MetaCDN issues the Receipt and continues indefinitely until terminated in accordance with this agreement.

  2. PROVISION OF SERVICES

    Subject to the other provisions of this agreement, MetaCDN must perform the Services for You during the Term.

  3. SERVICE LEVELS

    To the extent permitted by law, the Services are not provided on the basis that they will be continuous or uninterrupted. However the Service Level Agreement applies to the provision of the Services. The Service Level Agreement forms part of this agreement.

  4. PAYMENT
    • 4.1 Billing and payment MetaCDN will bill You, and You must pay the Fees to MetaCDN, in accordance with schedule 3.
    • 4.2 Interest If You do not make a payment when due, then (without limiting MetaCDN’s rights of termination or suspension under this agreement) the amount unpaid will bear interest at 2% per month (or the maximum rate permitted by law if it is less than 2%), calculated daily and compounding monthly.
  5. AMENDMENT

    MetaCDN may from time to time amend this agreement (including the Pricing Sheet) in any way by notice to You. Any such amendment will not take effect earlier than 30 days after the date on which MetaCDN sends the notice, except where the amendment reasonably reflects a change in the terms and condition of supply imposed on MetaCDN by a Supplier that takes effect before the end of that 30 day period.

  6. YOUR PERFORMANCE OBLIGATIONS
    • 6.1 Customer Operational Responsibilities You must comply with the Customer Operational Responsibilities.
    • 6.2 Indemnity To the maximum extent permitted by law, You hereby indemnify and must keep indemnified MetaCDN and its Representatives against all Losses they incur as a result of, or in relation to:
      • (a) the use of the Services by You or (directly or indirectly) by any End User;
      • (b) any negligence of You or any End User in relation to use of the Services, or any breach of this Agreement by You; or
      • (c) any claim by You against any Supplier or claim by any End User against MetaCDN or any Supplier.

      This indemnity may be enforced by MetaCDN before and without incurring any expense or making any payment to any person. To the extent that this clause purports to confer a right on Representatives of MetaCDN, MetaCDN holds those rights on trust for those Representatives.

    • 6.3 Roles
      • 6.3.1 To the extent that You provide personal information for Your Clients to MetaCDN, the parties agree that with respect to such data, you are a Controller, and MetaCDN is a Processor. If you process the personal data of End Users or other identifiable individuals in your use of StreamShark, you are responsible for providing legally adequate privacy notices and obtaining necessary consents for the processing of such data. You represent to us that you have provided all necessary privacy notices and obtained all necessary consents. You are responsible for processing such data in accordance with applicable law.
      • 6.3.2 You acknowledge and agree that notwithstanding Section 6.3.1, MetaCDN may collect and process certain data directly from data subjects in their capacity as End Users of MetaCDN Services. Though these data subjects may also be Your Clients, MetaCDN acts as a controller for personal data collected or submitted to MetaCDN for the Services or outside of the Services.
    • 6.4 Use of API integrated services
      • 6.4.1 YouTube API services If You use the StreamShark Multistream service to stream to YouTube, You are agreeing to be bound by the YouTube Terms of Service.
  7. TERMINATION AND SUSPENSION
    • 7.1 Termination without cause Either party may, in its discretion, terminate:
      • (a) this agreement as a whole; or
      • (b) the provision of any of the Services (provided that the remaining Services comprise a normal standalone offering of MetaCDN at that time),

      at any time by notice to the other with effect no earlier than the end of the current Billing Period or, only in the case of termination with effect during any Trial Period and if the Fair Use Limit is exceeded, MetaCDN in its absolute discretion may terminate or suspend this agreement immediately and without notice, otherwise not less than 24 hours notice to the other.

    • 7.2 Termination for cause Either party may terminate this agreement with immediate effect by notice to the other party if:
      • (a) the other party defaults in the due and punctual payment of any amount payable under this agreement, and has failed to pay the amount after having been given 7 days notice requiring it to do so (and any such failure will be taken to go to the essence of this agreement);
      • (b) the other party is subject to an Insolvency Event; or
      • (c) the other party commits a breach of this agreement (other than failure to pay or comply with the Customer Operational Responsibilities) and (only in the case where it is a breach capable of remedy) that breach is not remedied within 14 days of a notice to the party in breach specifying the breach and requiring it to be remedied.

      MetaCDN may terminate this agreement immediately by notice to You if:

      • (a) You breach the Customer Operational Responsibilities;
      • (b) in the opinion of MetaCDN any information in the Application or standing credit card authorisation is inaccurate, misleading or incomplete; or
      • (c) the relevant credit card, or standing credit card authorisation, ceases to be valid or expires before You provide a replacement standing credit card authorisation that is acceptable to MetaCDN.
    • 7.3 Suspension Without limiting any other rights of MetaCDN under this clause 7, if at any time MetaCDN becomes entitled to terminate this agreement under clause 7.2, then MetaCDN may suspend provision of all or some of the Services until such time (if any) as the entitlement to terminate ceases, or MetaCDN terminates this agreement pursuant to this clause 7. MetaCDN will notify You of the suspension of the relevant Services, which may be with immediate effect. Fees continue to be payable in respect of any period of suspension.
    • 7.4 Suspension for maintenance etc MetaCDN may suspend provision of all or part of the Services from time to time for planned maintenance or due to unexpected interruption.
  8. EFFECT OF EXPIRY OR TERMINATION
    • 8.1 Effect of termination Subject to clause 8.2, on expiry or termination of this agreement:
      • (a) You must pay MetaCDN all Fees due to MetaCDN for Services provided prior to the effective termination of this agreement, plus corresponding Fees for any additional assistance provided by MetaCDN at Your request;
      • (b) Fees that You have paid in advance are not refundable, except in the case of termination by you for cause under clause 7.2, in which case a pro rata refund will apply;
      • (c) both parties are taken to be discharged from any further obligations under this agreement; and
      • (d) either party may pursue any additional or alternative remedy provided by law or in equity.
    • 8.2 Transition out Upon the termination of this agreement:
      • (a) the Uploaded Content will cease to be available to You and End Users;
      • (b) links provided by MetaCDN for the Uploaded Content will cease to function properly; and
      • (c) You will lose access to the Website (including all reporting functions).

      It is Your responsibility to arrange any alternative to the Services (including the above functionality) and MetaCDN has no obligation to assist You in doing so, either before or after the termination of this agreement.

    • 8.3 Continuing provisions Clauses 4, 6.2, 7, 8, 10, 11, 12, 13 and 14 remain operative and in full force and effect after the expiry or termination of this agreement.
  9. FORCE MAJEURE
    • 9.1 Party not liable Where a party is required under this agreement to perform an obligation or do any act or thing by a designated time or date (except an obligation to make a payment) (Obligation), the party is not liable for any delay in performing, or failing to perform, an Obligation if the delay or failure arises from Force Majeure and that party has complied with this clause.
    • 9.2 Notice of Force Majeure A party who claims Force Majeure must:
      • (a) give the other party prompt notice of the Force Majeure with reasonably full particulars and an estimate of the extent and duration of its delay or inability to perform; and
      • (b) use all possible diligence to remove the Force Majeure as quickly as practical.
    • 9.3 Termination in case of Force Majeure If the delay continues beyond 10 Business Days after the notice given under clause 9.2, then either party may terminate this agreement by giving 5 Business Days prior written notice to the other.
  10. WARRANTIES AND LIABILITY
    • 10.1 Exclusion of other terms To the extent permitted by law, and except as expressly provided in this agreement, all terms, conditions, warranties and representations (in each case whether express, implied, statutory or otherwise) relating in any way to the Services or any other goods or services provided in connection with this agreement (Subject Matter), or to this agreement, are excluded.
    • 10.2 Limitation of Statutory Rights To the extent permitted by law, any liability of MetaCDN in connection with the Subject Matter, or this agreement, pursuant to any Statutory Right is, where permitted by law, limited at the option of MetaCDN to the replacement, repair or resupply of the relevant goods or services or the payment of the cost of same. Despite any other provision of this agreement, no provision of this agreement other than this clause 10.2 limits or excludes any liability of MetaCDN under a Statutory Right.
    • 10.3 Exclusion of categories of loss All liability of MetaCDN on any basis (including negligence) is excluded in respect of any indirect or consequential liability or loss suffered or incurred by You, in relation to the Subject Matter or otherwise under or in connection with this agreement, and in any event (including, but not limited to, where amounting to a direct loss) for any lost profits or goodwill or lost or corrupted data. This clause applies only to the extent permitted by law and subject to clause 10.2.
    • 10.4 Maximum amount of liability Without limiting clause 10.2 or 10.3, and only to the extent permitted by law, the maximum total amount which You may recover from MetaCDN in respect of all Loss (whether in contract, tort, under statute or otherwise) suffered or incurred by You in any calendar year in connection with this agreement or any of the Services is limited to the total amount paid by You to MetaCDN in that calendar year.
  11. INTELLECTUAL PROPERTY

    All Intellectual Property in anything provided to You in connection with this agreement will remain the property of MetaCDN. All Intellectual Property in Uploaded Content will remain the property of You or Your licensors.

  12. NOTICES
    • 12.1 Form of notice A notice, approval, consent or other communication (Notice) from one party to another party (Recipient) must be sent by email to the email address of the Recipient applicable under clause 12.2. If the sender receives an automated response to an email indicating that it was not delivered successfully, then the sender may send that Notice by any other means that the sender sees fit.
    • 12.2 Address for service The email addresses for each party is as follows:(a) for You — as set out in Your Application; and
      (b) for MetaCDN — [email protected],until that party notifies otherwise.Each party must ensure that the email address applicable under this clause is current, and endeavour to ensure it is operational.
    • 12.3 Time of service An email will be taken to have been served at the time of sending, unless within 24 hours of it being sent the sender receives an automated response indicating that it was not delivered successfully.
  13. MISCELLANEOUS
    • 13.1 Nature of relationship The relationship between You and MetaCDN concerning the matters in this agreement is solely that of principal and independent contractor and nothing in this agreement creates a partnership or joint venture relationship between You and MetaCDN. Neither party has authority or power to bind the other party to a contract or commitment, or create a liability of the other party, in any way to a third person.
    • 13.2 Further Assurance Each party must promptly at its own cost do all things (including executing all documents) necessary or desirable to give full effect to this agreement.
    • 13.3 Severability If a provision, or part of a provision, of this agreement or its application to any person or circumstance is or becomes invalid, illegal or unenforceable then the provision must, as far as possible, be interpreted as narrowly as possible to ensure that it is not illegal, invalid or unenforceable. If any provision or part of it cannot be so interpreted, then the provision or its part is taken to be void and severable. The remaining provisions of this agreement are not affected or impaired in any way.
    • 13.4 Waiver If a party fails, delays, relaxes or indulges in exercising its power or right under this agreement, this is not a waiver of that power or right. A single exercise of a power or right does not prevent any other or further exercise of it or the exercise of any other power or right under this agreement. A power or right may only be waived by express notification from the party to be bound by the waiver.
    • 13.5 Consents Unless this agreement provides otherwise and to the extent permitted by law, a party may, in its absolute discretion, conditionally or unconditionally give or withhold any approval or consent permitted or required under this agreement.
    • 13.6 Entire agreement This agreement is the entire agreement between the parties concerning the subject matter of this agreement. Any prior arrangement, agreement, representation or undertaking is superseded and, except as expressly provided, each party acknowledges that it has not relied on any arrangement, agreement, representation or understanding not expressly set out in this agreement.
    • 13.7 Governing Law and Jurisdiction This agreement is to be construed according to, and is governed by, the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of the courts in and of Victoria in relation to any dispute arising under this agreement.
  14. DEFINITIONS AND INTERPRETATION
    • 14.1 Definitions In this agreement, the following phrases have the following meanings:
    • API means MetaCDN’s application programming interface.
    • Application means the relevant application (in electronic form or otherwise) by You for provision of any Services by MetaCDN that is accepted by MetaCDN by the issue of a Receipt.
    • Billing Period means the period from the applicable day in one month (e.g. the 12th day) until the same day of the following month (or the last day in the following month where the applicable day does not occur in that following month). The applicable day of the month will be the same day of the month as the beginning of the Term, or any alternative date used by MetaCDN from time to time.
    • Business Day means a day that is not a Saturday, Sunday or any other day which is a public holiday or a bank holiday in the place where an act is to be performed or a payment is to be made.
    • Claim means any demand, action, suit, claim, proceeding, cause of action, liability or damages incurred by a person, including those constituting indirect or consequential losses, and includes legal costs on an indemnity basis.
    • Content means all files or data of any kind (including video, animation, graphics, audio, text, software scripts and software code).
    • Customer Operational Responsibilities means the obligations set out in schedule 4, as amended from time to time in accordance with this agreement.
    • End User means any person (other than You) who directly or indirectly uses any of the Services provided to You, including through use by that person of any website or service operated by or on behalf of You involving use of the Services in any way.
    • Fair Use Limit means 1 terabyte (TB) of data traffic and/or 6 accelerated sites and/or 6 live streaming channels for paid accounts. For Trial accounts the fair use limit is $10 USD of usage charge (transfer, encoding or storage).
    • Fees means the fees and charges applicable under schedule 3.
    • Force Majeure means any cause not within the reasonable control of the party affected by it. It includes an act of God, an industrial dispute, war declared or undeclared, civil disturbance, act or omission of government or other competent authority, fire, lightning, explosion or flood.
    • Gateway means the facility for uploading Content via the Website.
    • Insolvency Event means the happening of any of these events:
      • (a) in respect of a body corporate – an order is made that it be wound up, a liquidator, provisional liquidator, receiver, manager, receiver and manager, controller, trustee or administrator is appointed over it, it enters into an arrangement with its creditors or seeks to obtain protection from its creditors or it resolves to wind itself up; or
      • (b) in respect of an individual – the individual becomes an insolvent under administration as defined in section 9 of the Corporations Law; or
      • (c) in relation to any other entity (including a partnership) or any other jurisdiction – anything analogous or having a broadly similar effect to any of the events specified above happens under the law of any applicable jurisdiction.

       

    • Intellectual Property means all proprietary or personal rights throughout the world arising from intellectual activity in the business, industrial, scientific or artistic fields. It includes copyright, design (whether registered or unregistered), trademark (whether registered or unregistered), patent or invention, circuit layout and knowhow.
    • Laws means all applicable laws, regulations, standards, codes, orders and directions, including those issued by any governmental authority.
    • Loss means any loss, damage, cost, interest, expense, fee or Claim incurred by a person, including indirect or consequential losses.
    • MetaCDN means MetaCDN Pty Ltd (ABN 11 149 316 478) of 205 Grattan St, Carlton, Victoria, Australia.
    • Pricing Sheet means the document (which may be in electronic form) detailing the Fees, usage limits and other details applicable to You that is published, or provided to You, by MetaCDN from time to time (including at the time of Your Application), as amended from time to time.
    • Privacy Policy means the privacy policy of MetaCDN published on the Website, as amended from time to time.
    • Receipt means the receipt issued by MetaCDN in response to the Application, including where the receipt is for a nil amount or is in electronic form.
    • Representative of a party means that party’s director, officer, employee or agent.
    • Services means those of the services described in schedule 1 that You select in the Application or subsequently via the Website or API.
    • Service Level Agreement means schedule 2 of this agreement.
    • Statutory Right means:
      • (a) any term, condition, warranty or representation implied in this agreement, or otherwise applicable to the Subject Matter, by the operation of any statute; or
      • (b) any other right of Yours (including any guarantee) in relation to the Subject Matter, or this agreement, under any statute, that by law cannot be excluded.

       

    • Subject Matter has the meaning given in clause 10.1.
    • Supplier means any person from whom MetaCDN purchases any services in connection with the supply of any of the Services.
    • Term means the period of this agreement, as applicable under clause 1.
    • Trial Period means the trial period (if any) specified in the Application and confirmed in the Receipt.
    • Uploaded Content means any Content uploaded by or on behalf of You via the Gateway or API.
    • Website means MetaCDN’s website at metacdn.com or streamshark.io
    • You means the person identified in the Application as the customer.
    • “Your Client” means a data subject who has subscribed to or otherwise purchased Your video services.
    • The terms “controller,” “data subject,” “personal data,”, “processor,” and their cognates shall have the same meaning as under the GDPR.
    • 14.2 Interpretation In this agreement the following rules of interpretation apply.
      • (a) A reference to:
        • (i) this agreement includes its schedules and the Pricing Sheet;
        • (ii) one gender includes the others;
        • (iii) the singular includes the plural and the plural includes the singular;
        • (iv) a person includes a body corporate;
        • (v) a party includes the party’s successors and permitted assigns;
        • (vi) money is to United States dollars, unless otherwise stated.
      • (b) “Including” and similar expressions are not words of limitation.
      • (c) Where a word or expression is given a particular meaning, other parts of speech and grammatical forms of that word or expression have a corresponding meaning.
      • (d) Headings and any table of contents or index are for convenience only and do not form part of this agreement or affect its interpretation.
      • (e) A provision of this agreement must not be construed to the disadvantage of a party merely because that party was responsible for the preparation of this agreement or for the inclusion of the provision in this agreement.
      • (f) If an act must be done on a specified day which is not a Business Day, it must be done instead on the next Business Day.

SCHEDULE 1 — SERVICES

Description of Services

  1. Content Delivery Services

    Content Delivery Services comprise:

    • (a) access to the Website and Gateway;
    • (b) use of functionality available on Gateway from time to time (including uploading);
    • (c) the provision of links to Uploaded Content that Customer can use on its website(s); and
    • (d) the Uploaded Content being available via those links.
  2. Encoding Services

    Encoding Services comprise the conversion, via the Website or API, of video and audio files of various specifications (format, resolution etc) into a variety of other specifications, for delivery to a variety of display platforms.

  3. Template Services

    Template Services comprise the provision of a variety of branded templates to control the look and feel of the video replay on a variety of display platforms.

  4. Custom Domains

    MetaCDN allows Customer to utilise their own domain name for provisioned links to Uploaded Content in place of MetaCDN’s.

  5. Site Accelerator Services

    Site Accelerator Services comprise the acceleration, via the Website or API, of Content automatically loaded from an origin domain supplied by You.

  6. Other Services

    The provision of any services (including any support services) not included in the above is subject to further agreement between You and MetaCDN.

SCHEDULE 2 — SERVICE LEVEL AGREEMENT

  1. SERVICE LEVEL OBLIGATION

    MetaCDN will endeavour to achieve the following service levels.

  2. AVAILABILITY SERVICE LEVELS
    • 2.1 Website and Gateway availability The monthly service level for Availability of the Website and Gateway is 99.95%.
    • 2.2 Uploaded Content availability The monthly service level for Availability of Uploaded Content to all End Users is as follows, depending upon the number of storage locations at which the Content is stored, as selected by You.
      Storage Locations 1 2 3 CDN Service
      Monthly Uptime 99% 99.9% 99.99% 99.999%

      The CDN Service involves MetaCDN dynamically managing the number of storage locations on behalf of You and provides higher performance.

    2.3 Meaning of Availability

    In this schedule 2, “Availability” means the percentage of the relevant period (e.g. a month) that:

    • (a) the Website and Gateway is available for use via the internet by You; or
    • (b) Uploaded Content is available for use via the internet by End Users,calculated on a 24 hours per day basis, as measured and reported in accordance with clause 3 of this schedule.The following exceptions apply (i.e. the occurrence of the following will not reduce measured Availability, nor will they amount to a breach of this agreement for failing to provide a Service):
    • (c) scheduled maintenance (MetaCDN will endeavour to notify You in advance of any planned outage and, where practical, alternative arrangements will be made to minimise disruption);
    • (d) where You are in breach of this agreement (whether due to non-payment or otherwise) at the relevant time;
    • (e) termination or suspension of any Services or this agreement under clause 7 of this agreement;
    • (f) failure of any connection to the internet, other than the connection of the Website to the internet.
  3. REPORTING

    MetaCDN will measure Availability for each Billing Period using routine monitoring by an independent third party and will notify the results, or make them available, to You monthly.

  4. FEE REBATE

    If either or both of the above Availability service levels are not satisfied in a particular Billing Period, then MetaCDN will provide a single credit to You equal to 10% of Your bill for Content Delivery Services
    for that Billing period, which will automatically be set off against the bill for the next Billing Period.

    Except to the extent that a failure to satisfy a service level also constitutes a breach of a provision of this agreement outside this schedule, Your entitlement to the above credit will, to the extent permitted by law,
    be Your entire remedy in relation to the failure to satisfy the service level.

  5. FAULT REPORTING

    You must correctly report faults using the MetaCDN help desk available on the Website. MetaCDN will provide an automated response within 2 hours during business hours.

SCHEDULE 3 — FEES

  1. PRICING
    • 1.1 Subscription Services Where applicable, Subscription Services, selected by you from time to time, will be charged on the basis that You may use agreed quantities of Services, as measured by MetaCDN,
      for a fixed price for each Billing Period, as applicable to the relevant subscription.
      You may change Your selected subscription Services at any time via the Website, but the change will not take effect until the end of the current Billing Period.Subscription fees will be billed and charged in advance at the start of the Term for the first (monthly) Billing Period and at the beginning of each subsequent Billing Period until the service is cancelled.Fees paid in advance are not refundable where this agreement or any Services are terminated, except in the case of termination by You for cause under clause 7.2, in which case a pro rata refund will apply.
      (Amongst other things, this means that Fees paid in advance are not refundable where You terminate this agreement simply because You change Your mind.)The limits on your usage of Services are specified in the Pricing Sheet. Current usage information is available via the report section of the customer web interface.
    • 1.2 Trial Period No Fees are payable in respect of any Trial Period, other than fees for usage in excess of any limit specified for the Trial Period, which will be calculated using PAYG rates and which MetaCDN may charge as they accrue.
  2. PAYMENT
    • 2.1 Credit card authorisation At the time that You provide the Application to MetaCDN, You must also provide a valid standing credit card authorisation in a form satisfactory to MetaCDN that authorises MetaCDN to
      charge to the relevant credit card account all Fees incurred by You from time to time (Credit Card Authorisation).You must ensure at all times that:

      • (a) the Credit Card Authorisation remains valid; and
      • (b) the relevant credit card, and credit card account, remain current and has sufficient credit available to cover applicable Fees.

      You must provide a replacement Credit Card Authorisation at any time if requested by MetaCDN.

      You consent to MetaCDN obtaining, at any time, a credit report regarding You from any credit reporting agency.

      If the credit card account is in the name of a person other than You (Cardholder) then:

      • (a) You warrant that the Credit Card Authorisation is provided with the authority of the Cardholder; and
      • (b) You must also ensure that the Cardholder consents to MetaCDN obtaining, at any time, a credit report regarding the Cardholder from any credit reporting agency.

    • 2.2       Debiting the credit card MetaCDN may debit the relevant credit card account for all Fees as soon as those Fees become payable under this agreement.
  3. USAGE

    You may at any time obtain via the Website an automated report record of usage of Content Delivery Services and Encoding Services and accrued Fees (excluding up to the last 24 hours or usage or Fees).

SCHEDULE 4 — CUSTOMER OPERATIONAL RESPONSIBILITIES

  1. OPERATIONAL GUIDELINES

    Without limiting the following, You must comply with any operational guidelines notified to You by MetaCDN, and all reasonable directions of MetaCDN, from time to time in relation to the Services.

  2. CONTENT AND USE REQUIREMENTS
    • 2.1 General requirements
      • (a) You must not use the Services, and must ensure that the Services or not used by any person (including any End User), to:
        • (i) supply or transmit any Prohibited Matter; or
        • (ii) engage in any Prohibited Activity, or to facilitate any person doing so.
      • (b) You must ensure that the Uploaded Content does not contain any Prohibited Matter, or facilitate the supply or transmission of any Prohibited Matter or engaging in any Prohibited Activity.

      The Prohibited Matters and Prohibited Activities are:

      • (a) unlawful, defamatory, harassing, abusive, malicious, fraudulent, infringing or otherwise objectionable Content;
      • (b) obscene or excessively profane Content;
      • (c) hate-related or violent Content;
      • (d) Content advocating racial or ethnic intolerance;
      • (e) Content that infringes a third party’s rights according to applicable law, including rights of privacy or publicity;
      • (f) illegally transmitting another’s intellectual property or other proprietary information without such owner’s or authorised licensor’s permission;
      • (g) Content intended to advocate or advance computer hacking or cracking;
      • (h) using the Service in connection with illegal peer-to-peer file sharing;
      • (i) phishing attacks;
      • (j) viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other Content of a destructive or deceptive nature;
      • (k) generating or facilitating unsolicited commercial email (“spam”), including:
        • (i) sending email in violation of the CAN-SPAM Act or any other applicable Law;
        • (ii) imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam;
        • (iii) data mining any web property to find email addresses or other user account information;
        • (iv) sending unauthorised email via open, third-party servers;
        • (v) sending emails to users who have requested to be removed from a mailing list;
        • (vi) selling, exchanging or distributing to a third party the email addresses of any person without such person’s knowing and continued consent to such disclosure; and
        • (vii) sending unsolicited emails to significant numbers of email addresses belonging to individuals and/or entities with whom You (or the relevant third party) has no pre-existing relationship.
      • (l) conducting or forwarding pyramid schemes and the like;
      • (m) Content that may be harmful to minors;
      • (n) Impersonating another person without permission (via the use of an email address or otherwise) or otherwise misrepresenting identity or the source of any email;
      • (o) Interfering with other customers’ or users’ enjoyment of the Services;
      • (p) exploiting the Services for any unauthorised commercial purpose;
      • (q) modifying, adapting, translating, or reverse engineering any portion of any software involved in provision of the Services;
      • (r) removing any copyright, trademark or other proprietary rights notices contained in or on the Service;
      • (s) gambling;
      • (t) exporting or distribution of controlled substances or of drug paraphernalia; and
      • (u) other Content, goods, services or activities that violate, or encourage conduct that would violate, any criminal laws, any other applicable laws, or any third-party rights.
    • 2.2 RemovalWithout limiting clause 7 of this agreement, MetaCDN may in its discretion (but is not required to) remove or delete any Uploaded Content:
      • (a) that in the opinion of MetaCDN may breach this agreement;
      • (b) where requested by any law enforcement agency or any other governmental agency; or
      • (c) where any third party claims, or MetaCDN is of the opinion, that the Uploaded Content infringes, or may infringe, a third party’s rights.
  3. SECURITY
    • 3.1 User ID’s and passwords MetaCDN will issue a single User ID and corresponding password (together being a “Login”) to You.
    • 3.2 User authority You are liable for, and MetaCDN may rely upon, all instructions, requests, information and Content submitted to the Website by use of the Login, including where the information or request is submitted:
      • (a) by a person other than an authorised Representative of You;
      • (b) by a person using the Login fraudulently or without authority; or
      • (c) by means of a machine rather than by direct or indirect human intervention or initiation.

      Without limiting the above, MetaCDN is entitled to treat all use of the Services made using the Login as use that You have authorised and You are responsible for the payment of any Fees that arise in relation to such use.

    • 3.3 Login security You must:
      • (a) keep the Login secure at all times, including by not recording it in any form (electronic or otherwise) in clear text, except where recording the Login is strictly necessary, in which case:
        • (i)it must NOT be identified as a User ID or password, but must instead be concealed or coded such that someone finding the record is unable to use the password directly — e.g. by adding dummy characters, or embedding them in long strings of characters and numbers); and
        • (ii)it must be stored securely (not on a desk, monitor or in your wallet/purse)
      • (b) only disclose the Login to employees and contractors on a “need to know” basis;
      • (c) notify MetaCDN immediately upon becoming aware that the Login may be lost or stolen, or becoming aware or suspecting that any person knows the Login, or has used the Login, without Your authority.
  4. PRIVACY
    • 4.1 Privacy Policy You acknowledge having received and read a copy of MetaCDN’s Privacy Policy. MetaCDN may amend the Privacy Policy from time to time and will notify You when any such change occurs.
    • 4.2 Privacy obligations You must ensure that, in respect of any information, or opinion, about an individual that is contained in any Uploaded Content whose identity is apparent or can reasonably be ascertained from that information or opinion (Personal Information):
      • (a) the inclusion of the Personal Information, and any subsequent likely use as part of the Uploaded Content, is permitted under any applicable law relating to the privacy of individuals; and
      • (b) the person who is the subject of the Personal Information (Individual) is aware of:
        • (i) the identity of MetaCDN and how to contact MetaCDN;
        • (ii) the fact that the Individual is able to gain access to the Personal Information;
        • (iii) the purposes for which the Personal Information is collected by MetaCDN; and
        • (iv) the organisations, or types of organisations, to which MetaCDN usually discloses information of the kind comprised by the Personal Information.

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