Secure Web Accelerator Agreement
This SECURE WEB ACCELERATOR AGREEMENT ("Agreement") is made by and between 101domain GRS Limited, an Irish limited liability company ("101domain") and you and your heirs, agents, successors and assigns (collectively, "Customer"), and is made effective on the first day that you purchase Secure Web Accelerator Services powered by Cloudflare ("Cloudflare Services").
Your acceptance of the Master Services Agreement ("MSA") which incorporates this Agreement, and your subscription to the Cloudflare Services signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement along with all other applicable agreements and policies which are incorporated into the MSA by reference. This agreement sets forth the additional terms and conditions which govern your use the Cloudflare Services.
The terms "we", "us", or "our" shall refer to 101domain. The terms "you", "your", "user", or "customer" shall refer to any individual or entity who accepts this Agreement. “Cloudflare” means Cloudflare, Inc. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
1. Description of Cloudflare Services
Cloudflare Services consist of a family of products that dramatically increases security and performance for a domain along with web assets in the domain. Without a large capital outlay for dedicated load balancers, proxy servers, or firewalls, the Cloudflare Services secure web properties from vulnerabilities, with reliable technology, and custom insights.
Plans offered by 101domain include, but are not limited to:
- Secure Web Accelerator Basic - Secure Web Accelerator provides automatic DDoS protection and website acceleration.
- Secure Web Accelerator Plus - Full access to the Cloudflare control panel or dashboard, Web Application Firewall (WAF) along with additional security features.
- Secure Web Accelerator Premium - Additional performance features like smart routing with Railgun™, 24/7/365 DDoS uptime, PCI DSS 3.2 Compliance, custom name servers or vanity name servers, additional custom WAF and page rules.
2. Use of Cloudflare Services
Subject to Customer’s compliance with the terms and conditions of the Cloudflare Customer Agreements (including, without limitation, all payment obligations), Cloudflare hereby grants to Customer a worldwide, non-exclusive, non-transferable, and non-sublicensable license, to access and provision the Cloudflare Services, solely as bundled with Customer’s services. Domain names utilizing the Cloudflare Services may be owned and operated by Customer, or they may be third party domains; provided, that: (i) Customer provides Cloudflare with all information regarding such third-party domains as Cloudflare may request from time to time (including, without limitation, the names of the owner(s)/operator(s) of the domains); and (ii) Customer remains fully liable for the acts and omissions of the third parties who own or operate the third-party domains, with respect to their use of and access to the Service.
3. Third Party Agreements
You acknowledge that 101domain is not the provider of the Cloudflare Services under this Agreement. We provide only the access described in this Agreement for the Cloudflare Services. Cloudflare is the provider of the Cloudflare Services.
You further acknowledge that the terms and conditions of your use of the Cloudflare Services are governed strictly by the Cloudflare Customer Agreements and terms of service with you. Those terms of service can be found here. We will not be liable for anything that falls under your agreement with Cloudflare.
4. 101domain’s Obligations
During the term of this Agreement, 101domain shall provide integrated provisioning controls and interfaces and technical support for the Cloudflare Services, solely to Customer directly and not to Customer’s end customers, in accordance with our standard support terms. Customer may also obtain support directly from Cloudflare according to Cloudflare’s then-current standard support terms, a current version of which can be viewed at www.Cloudflare.com/__xcusp. Customer is solely responsible for the provision of technical support to third party domains.
Customer agrees and acknowledges that Customer may install or utilize certain third-party apps ("Apps") with the Service. These Apps are provided to Customer "AS IS" and are governed by their own terms of service and privacy policies as set forth by the third parties that provide them. 101domain does not endorse and is not responsible or liable, directly or indirectly, for the services or features provided by any Apps that Customer may choose to install, or for any damage or loss alleged or caused in connection with the use of, or reliance upon, any Apps.
5. Customer’s Obligations
5.1 Compliance. As between Customer and 101domain, Customer shall be solely responsible for supporting and maintaining the availability of its website(s) and third party domains, the connectivity of its website(s) and third party domains to the Internet, and all Customer content, IP addresses, domain names, hyperlinks, databases, applications and other resources as necessary for Customer or its clients to operate and maintain their website(s) to meet their business requirements and to utilize the Cloudflare Services unless otherwise provided for in separate agreements between Customer and 101domain.
5.2 Customer Data Responsibility. 101domain is not obligated to backup any data that may be stored on the Cloudflare Services. Customer acknowledges that 101domain is not required to retain Customer log files. Customer agrees that it is responsible for keeping and maintaining its own data. 101domain highly recommends that Customer create back-up copies of any Customer data, at Customer’s sole expense. UNDER NO CIRCUMSTANCE SHALL 101DOMAIN BE LIABLE FOR ANY LOSS OF CUSTOMER DATA UNLESS OTHERWISE PROVIDED FOR IN A SEPARATE AGREEMENT BETWEEN CUSTOMER AND 101DOMAIN.
5.3 Customer Content; Acceptable Use of the Cloudflare Services. As between the Parties, Customer is and shall be solely responsible for, the Customer Content (including, without limitation, creating, renewing, updating, deleting, editing, and controlling all aspects of the Customer Content). Customer agrees to adhere to generally accepted industry best practices for encrypting Customer Content and to comply at all times with all applicable laws and regulations with respect to its use and provision of the Service. Without limiting the foregoing, Customer agrees not to use the Service in connection with any: (a) infringement or misappropriation of any Intellectual Property Rights; (b) defamation, libel, slander, obscenity, or violation of the rights of privacy or publicity of any person or entity; or (c) other offensive, harassing, or illegal conduct.
5.4 Limitations. Customer agrees that it may not: (a) permit any person to access and/or use the Cloudflare Services other than the Authorized Users; (b) rent, lease, loan, export or sell access to the Cloudflare Services to any third party; (c) interfere with, disrupt, alter, translate, or modify the Cloudflare Services or any part thereof, or create an undue burden on the Cloudflare Services or the networks or services connected to the Cloudflare Services; (d) reverse-engineer or access the Cloudflare Services in order to: (i) build a competitive product or service; (ii) build a product using similar ideas, features, functions or graphics to the Cloudflare Services; or (iii) copy any ideas, features, functions or graphics of the Cloudflare Services; (e) without 101domain and/or Cloudflare’s express written permission, introduce software or automated agents or scripts into the Cloudflare Services so as to produce multiple accounts, generate automated searches, requests or queries, or to strip or mine data from the Cloudflare Services; (f) perform or publish any performance or benchmark tests or analyses relating to the Cloudflare Services or the use thereof, other than solely for Customer’s internal use; or (g) cover or obscure any page or part of the Service via HTML/CSS, scripting, or any other means.
6. Refund Policy
6.1 Secure Web Accelerator. If you’re dissatisfied with Secure Web Accelerator for any reason, you may request a full refund within 30 days of purchase. If you request a refund under this policy, your Secure Web Accelerator service/features will be cancelled at the time of refund. No refunds can be provided after 30 days.
6.2 Secure Web Accelerator Plus. If you’re dissatisfied with Secure Web Accelerator Plus for any reason, you may request a full refund within 30 days of purchase. If you request a refund under this policy, your Secure Web Accelerator Plus service/features will be cancelled at the time of refund. No refunds can be provided after 30 days.
6.3 Secure Web Accelerator Premium. If you’re dissatisfied with Secure Web Accelerator Premium for any reason, you may request a full refund within 30 days of purchase. If you request a refund under this policy, your Secure Web Accelerator Plus service/features will be cancelled at the time of refund. No refunds can be provided after 30 days.
6.4 Downgrades. Downgrades from Secure Web Accelerator Plus or Secure Web Accelerator Premium plans are only possible within 30 days of next subscription renewal.
6.5 Auto-Renewal. Requests for refunds as a result of auto-renew being enabled can be issued only if the next subscription renewal period has not yet started.
7. SPAM Policy
You must comply with the EU Privacy and Electronic Communications Directive and all relevant regulations and legislation on bulk and commercial email. Please consult with appropriate legal counsel if you have any questions on your compliance. If in our sole discretion, we determine that you are in breach of the Directive or any relevant regulations and legislation, we reserve the right to suspend, disable or terminate the Cloudflare Services without notice to you.
8. Account Suspension
We reserve the right to suspend, disable, or otherwise terminate your access to the Cloudflare Services, or take any other measures deemed to be appropriate, at any time and without prior notice, to enforce this Agreement or to ensure the integrity and performance of the Cloudflare Services.
You acknowledge that 101domain or Cloudflare may, in either’s sole discretion, temporarily suspend the Cloudflare Services if terms in this Agreement or the Cloudflare Customer Agreements or terms of service are violated by you.
You must substantially address all spam-related and content violation inquiries from our personnel within 72 hours. Failure to respond within this time may result in the immediate suspension, disablement, or termination of your Cloudflare Services.
You acknowledge that you will, in no case whatsoever, be entitled to an account credit or refund for the Cloudflare Services, or any portion of the Cloudflare Services, for any violations to any terms in this Agreement.
9. Term and Termination
This Agreement shall commence on the first day that Cloudflare Services are ordered and shall remain in force continuously and uninterrupted so long as the Cloudflare Services are active. This Agreement shall renew upon payment of renewal fees by you.
All Services under this Agreement are provided on a pre-paid or advanced basis.
You acknowledge that you will, in no case whatsoever, be entitled to an account credit or refund for the Cloudflare Services, or any portion of the Services, for any violations to any terms in this Agreement.
You may terminate this Agreement at any time without written notice. Upon termination, we shall terminate access to the Cloudflare Services and any data provided in connection with the Services immediately. Any possible refund at termination will be subject to the terms in section 6.
10. Disclaimers
Except as expressly provided for in the Agreement, to the fullest extent permitted by applicable law, 101domain does not (a) make any other warranties of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular use, noninfringement, or error-free or uninterrupted use of the Services; and (b) makes no representation about content or information made accessible through the Services.
Last Modified 2021-01-19