Last updated: March 2025
Version: 26.03.05
Effective: 31.03.26

Terms Of Service

Content Delivery Service Agreement – 5centsCDN

Version 26.03.05  |  Effective: March 31, 2026

IMPORTANT LEGAL NOTICE: By creating an account, clicking "Try Now", placing an order, paying an invoice, or using any services provided by 5centsCDN, you confirm that you have read, understood, and agree to be legally bound by this Agreement in its entirety. CDN services are billed based on real-time usage and are non-refundable once consumed.

Acceptance of Terms

These Terms of Service ("Agreement") govern the use of all services provided by 5centsCDN, Inc. ("5centsCDN", "we", "us", or "our"). The Customer ("Customer", "you", or "your") confirms that they are of legal age to enter into binding contracts and have read, understood, and agree to be legally bound by this Agreement and all policies referenced herein.

These policies include but are not limited to:

  • Privacy Policy
  • Refund Policy
  • Acceptable Use Policy

Available at: https://www.5centscdn.net/tos/

Electronic acceptance during account registration constitutes a legally binding agreement. 5centsCDN records the timestamp, IP address, and account identifier at the moment of acceptance as evidence of agreement.

1. Definitions

1.1 Browser

A program used to provide interactive graphical access to websites on the Internet.

1.2 Internet

The global network of computers using the TCP/IP protocol for communication.

1.3 Web

The graphical interface used to access sites on the Internet.

1.4 Website

A collection of interconnected files and data accessible via the Internet.

1.5 Customer

Any individual or legal entity that creates an account with, or uses services provided by, 5centsCDN.

1.6 Services

All content delivery, storage, bandwidth, encoding, DNS, and related infrastructure services provided by 5centsCDN.

Supplemental Terms

CDN Commitment & Interim Payment

Customers may commit to a minimum monthly bandwidth usage. Customers agree to maintain sufficient account credit by making interim payments equivalent to the monthly commitment or as otherwise agreed with the billing team. These payments will be applied as account credit toward invoices including any usage overages.

2. CDN Services

5centsCDN provides content delivery network infrastructure and related services.

2.1 Storage

Disk space is provided for storing website content and associated data files. Additional storage may be purchased according to pricing published on the 5centsCDN website.

2.2 Bandwidth

Bandwidth usage represents data transferred through the CDN network. Bandwidth allocations may expire monthly unless otherwise stated. Standard bandwidth does not roll over unless specifically purchased as rollover bandwidth.

2.3 Midgress Bandwidth

Enterprise networks may include midgress bandwidth charges representing traffic transferred between CDN edge nodes.

2.4 Network Availability

5centsCDN aims to provide CDN services 24 hours per day except during scheduled maintenance, infrastructure upgrades, or events beyond our reasonable control.

3. Service Level Agreement (SLA)

5centsCDN targets 99% CDN uptime. If uptime falls below 99%, customers may receive bandwidth service credits equal to 5% of the affected monthly service fee per 60 minutes of downtime, up to a maximum of 100% of the monthly service fee. Service credits are the Customer's sole and exclusive remedy for service downtime and are issued as account credit only.

Downtime caused by any of the following is excluded from SLA calculations:

  • Origin servers or Customer infrastructure
  • Internet outages or backbone disruptions
  • Third-party services or dependencies
  • Scheduled maintenance windows
  • Force majeure events as described in Section 16
  • Customer misconfiguration or account suspension

4. Billing and Payment

All services are billed in United States Dollars (USD). Services are billed based on actual usage of infrastructure resources including but not limited to:

  • Bandwidth delivery
  • Storage consumption
  • Encoding or transcoding
  • CDN requests and DNS queries
  • Traffic routing and infrastructure resources

Invoices are generated automatically through the billing system unless otherwise agreed. All invoices are due upon receipt unless a credit period has been granted in writing.

4.1 Service Delivery and Consumption

5centsCDN provides infrastructure services consumed in real time. Once infrastructure resources are utilized or made available, the services are considered delivered and fully performed. Charges generated through such usage are final and non-reversible once consumed.

4.2 Infrastructure Usage Responsibility

Customer acknowledges that CDN infrastructure resources are automatically consumed based on activity generated through the Customer's account. Customers remain responsible for all usage generated through their account, including usage caused by:

  • Legitimate traffic
  • Embedded players and media integrations
  • Automated systems and bots
  • Third-party integrations
  • Public content delivery and hotlinking

All usage generated through the account will be billed accordingly regardless of whether the Customer authorized or was aware of such traffic.

4.3 Public Content Delivery

Content delivered through the CDN may be publicly accessible. 5centsCDN is not responsible for bandwidth generated by third-party access to publicly accessible content. Customers are solely responsible for implementing access controls including token authentication, signed URLs, firewall rules, geo restrictions, and referrer restrictions. Failure to implement access controls does not relieve the Customer of responsibility for usage charges.

4.4 Usage Monitoring

Customers may monitor usage through the 5centsCDN client dashboard. Customers remain solely responsible for monitoring usage and managing service configurations. Failure to receive usage alerts does not relieve the Customer of billing obligations.

4.5 Traffic Anomaly Notification

If a Customer believes their account has experienced unexpected or unauthorized traffic, the Customer must notify 5centsCDN in writing within 48 hours of the anomaly occurring or becoming apparent. Failure to notify 5centsCDN within this window constitutes a waiver of any right to dispute charges arising from that traffic. 5centsCDN will investigate reported anomalies at its sole discretion but is not obligated to issue credits for traffic already consumed.

4.6 Non-Refundable Services

Because CDN infrastructure resources are consumed in real time, usage-based services are non-refundable once delivered or consumed. This includes:

  • Bandwidth usage
  • Storage usage
  • Encoding services
  • CDN delivery
  • Network routing

All sales are final unless otherwise agreed in writing.

5. Account Security

Customers are responsible for maintaining the confidentiality of all account credentials, API keys, and access tokens. Any activity performed through the Customer's account is considered authorized by the Customer. 5centsCDN shall not be liable for unauthorized access resulting from the Customer's failure to secure account credentials. Customers must notify 5centsCDN immediately upon becoming aware of any unauthorized access.

6. Automated Systems and Third-Party Traffic

CDN traffic may be generated by automated systems including search engine crawlers, bots, embedded players, scraping tools, and automated integrations. Such traffic constitutes legitimate CDN delivery traffic and contributes to bandwidth usage. Customers are responsible for configuring their CDN settings to control or restrict such traffic where desired.

7. Term and Cancellation

7.1 Service Term

Services are provided on either a Month-to-Month or Annual Commitment basis and automatically renew unless cancelled in accordance with this Agreement.

7.2 Cancellation Policy

Customers may cancel services by submitting a written cancellation request through the client control panel or via a support ticket. Verbal cancellation requests are not valid. Cancellation requests must be submitted at least 7 days before the next billing cycle. All cancellation requests are logged by timestamp, IP address, and account identifier.

7.3 Effect of Cancellation

Cancellation stops future billing but does not reverse charges for services already consumed. All invoices generated prior to cancellation remain due and payable. Data stored on 5centsCDN infrastructure may be deleted 30 days after account cancellation.

7.4 Cancellation Verification

5centsCDN maintains comprehensive logs including account registration records, service usage logs, invoice generation records, and cancellation requests. These records serve as authoritative evidence in any dispute.

7.5 Early Termination

Customers terminating annual commitments early agree to pay the remaining contract balance immediately upon termination. 5centsCDN reserves the right to pursue collection of such amounts through all available legal means.

8. Customer Responsibilities and Indemnification

8.1 Content Rights

Customers represent and warrant that they have all necessary legal rights to distribute all content delivered through the CDN and that their content and usage complies with all applicable laws and third-party rights.

8.2 Indemnification

Customer agrees to indemnify, defend, and hold harmless 5centsCDN, Inc., its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Customer's violation of this Agreement
  • Customer's use of the Services
  • Customer's content or data delivered through the CDN
  • Customer's violation of any third-party rights, including intellectual property rights
  • Any claim that Customer's content caused damage to a third party
  • Any unauthorized use of Customer's account

This indemnification obligation shall survive the termination of this Agreement.

9. Limitation of Warranties

Services are provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. 5centsCDN does not warrant that the Services will be uninterrupted, error-free, or completely secure.

10. Limitation of Liability

To the fullest extent permitted by applicable law, 5centsCDN shall not be liable for:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of revenue, profits, or anticipated savings
  • Loss of data or business information
  • Third-party service interruptions
  • Damages arising from unauthorized account access

Maximum aggregate liability under this Agreement shall not exceed the total amount paid by the Customer in the twelve (12) months immediately preceding the claim, regardless of the legal theory under which damages are sought.

11. Prohibited Uses

Customers may not use services for any of the following:

  • Copyright infringement or distribution of unauthorized content
  • Spam distribution or unsolicited communications
  • Hacking, unauthorized system access, or network interference
  • Malware, ransomware, or harmful code distribution
  • Any illegal activities under applicable law
  • Violation of any third-party rights
  • Distribution of obscene, defamatory, or harassing content
  • Activities that place excessive or unreasonable load on CDN infrastructure

12. Copyright and DMCA Compliance

5centsCDN complies with the Digital Millennium Copyright Act (DMCA). Accounts hosting infringing content may be suspended or terminated without prior notice. Repeat infringers will have their accounts terminated. To submit a DMCA notice, contact: legal@5centscdn.com.

13. Monitoring and Content Removal

5centsCDN reserves the right, but not the obligation, to monitor content delivered through its network and to remove content that violates this Agreement, applicable law, or the rights of third parties. Such removal may occur without prior notice to the Customer.

14. Assignment

This Agreement may not be assigned by the Customer without prior written consent of 5centsCDN. 5centsCDN may assign this Agreement without restriction. Any purported assignment in violation of this section is null and void.

15. Modifications to Terms

5centsCDN may update these Terms at any time. When material changes are made, 5centsCDN will provide at least 7 days' notice via email to the address on the Customer's account or via a prominent notice on the 5centsCDN website. Continued use of Services after the effective date constitutes acceptance. If a Customer objects to any modification, their sole remedy is to cancel prior to the effective date.

16. Force Majeure

5centsCDN shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, government actions, labor disputes, internet outages, power failures, or failures of third-party service providers. During such events, 5centsCDN's obligations shall be suspended for the duration of the force majeure event.

17. Entire Agreement

This Agreement, together with the Privacy Policy, Refund Policy, and Acceptable Use Policy incorporated herein by reference, constitutes the entire agreement between the parties and supersedes all prior agreements, representations, and understandings relating to the same subject matter.

18. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Subject to Section 18A, all disputes shall be resolved exclusively in the state or federal courts located in Delaware.

18A. Mandatory Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MANDATORY ARBITRATION OF DISPUTES AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS.

Any dispute, claim, or controversy arising out of or relating to this Agreement or the Services shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Delaware, United States. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the foregoing, 5centsCDN may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property rights or prevent irreparable harm.

18B. Class Action Waiver

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. THE CUSTOMER EXPRESSLY AND IRREVOCABLY WAIVES ANY RIGHT TO BRING CLASS CLAIMS.

19. Automated Billing and Payment Processing

Invoices may be generated up to 7 days before the due date. Customers may receive automated notifications including payment reminders, overdue notices, and final notices. Failure to receive or review such notifications does not relieve the Customer of payment obligations.

20. Automatic Payment Authorization

If a payment method is stored on file, the Customer expressly authorizes 5centsCDN to automatically charge the stored payment method for all amounts due including:

  • Recurring subscription fees
  • Usage-based charges including bandwidth delivery, storage consumption, encoding, or infrastructure usage
  • Overage charges
  • Add-on services
  • Outstanding invoices or unpaid balances

Payments may be attempted up to 5 days before the invoice due date. By saving a payment method, the Customer confirms they are authorized to use it and consent to automatic billing in accordance with these Terms. This authorization is logged with timestamp and IP address as evidence of Customer consent.

21. Overage Billing

Usage exceeding plan limits will generate overage charges at rates published on the 5centsCDN website at the time of usage. Overages may be invoiced at the end of the billing cycle or included in the next invoice. Customers are responsible for monitoring their usage to avoid unexpected overages.

21A. Bandwidth Overage Protection (BWOP)

5centsCDN offers an optional Bandwidth Overage Protection ("BWOP") feature designed to shield Customers from unexpected bandwidth overage charges by automatically suspending CDN resources when a defined usage threshold is reached.

21A.1 How BWOP Works

When BWOP is enabled, the Customer may set a monthly bandwidth usage limit for their account. Once the account's bandwidth consumption reaches the configured threshold — between 90% and 120% of the monthly allocation — all CDN resources associated with the account will be automatically placed On Hold and disabled. This prevents further bandwidth consumption and the generation of additional overage charges beyond the configured threshold.

21A.2 Maximum Overage Under BWOP

The maximum overage that may accrue during a BWOP-protected billing period is 120% of the monthly bandwidth allocation. If a Customer requires bandwidth beyond 120%, they must upgrade their plan prior to reaching the threshold. 5centsCDN is not liable for charges incurred between the threshold trigger and the point at which CDN resources are fully disabled.

21A.3 Service Suspension Under BWOP

Upon reaching the configured BWOP threshold, all CDN resources on the account will be placed On Hold and deactivated. The Customer may manually re-enable individual CDN resources one by one through the client dashboard if they choose to continue delivery within the remaining overage allowance. Re-enabling resources after BWOP activation constitutes the Customer's acknowledgment and acceptance of any additional overage charges that may result.

21A.4 Billing Cycle Reset

Monthly bandwidth usage resets on the first day of each calendar month for month-to-month plans. For annual plans, the bandwidth allocation resets at the end of the 12-month billing cycle. BWOP thresholds and configurations are applied per billing cycle and reset accordingly.

21A.5 Enabling and Disabling BWOP

BWOP may be enabled by the Customer through the 5centsCDN client dashboard. To disable BWOP, the Customer must submit a request to the 5centsCDN sales or billing team. BWOP cannot be disabled through the self-service dashboard and requires written confirmation from 5centsCDN staff. 5centsCDN reserves the right to require a minimum notice period before disabling BWOP on an account.

21A.6 BWOP Is Not a Guarantee Against All Charges

BWOP is a protective feature that limits bandwidth overage exposure but does not guarantee zero overage charges. A limited overage of up to 20% above the monthly allocation may still be incurred between the point at which the threshold is triggered and the point at which CDN resources are fully suspended. Customers are advised to set their BWOP threshold conservatively and to monitor usage regularly through the client dashboard. 5centsCDN is not liable for overage charges incurred within the 90%–120% threshold window.

21A.7 Relationship to Auto-Recharge

BWOP and the Bandwidth Auto-Recharge feature (Section 32) are mutually exclusive configurations. When BWOP is active, Auto-Recharge will not trigger automatic bandwidth purchases. Customers wishing to use Auto-Recharge instead of BWOP must ensure BWOP is disabled on their account prior to enabling Auto-Recharge. 5centsCDN is not responsible for service interruptions arising from conflicting configuration settings.

22. Payment Disputes and Chargebacks

Customers agree to contact 5centsCDN support and allow a resolution period of at least 10 business days before initiating any chargeback or payment dispute with their financial institution. All consumed services are non-refundable once consumed.

Initiating a chargeback without first contacting 5centsCDN support may result in:

  • Immediate service suspension
  • Permanent account termination and blacklisting
  • Deletion of all stored data (after 30 days' notice)
  • Referral to third-party collections
  • Legal recovery actions

Customers remain responsible for the original invoice amount plus chargeback administrative fees of up to $50 USD per dispute, investigation costs, and reasonable legal expenses incurred by 5centsCDN in contesting the chargeback.

23. Metered Infrastructure Billing Acknowledgment

Customer acknowledges that 5centsCDN provides metered infrastructure services and that usage charges are generated automatically based on resource consumption. Unexpected traffic generated by publicly accessible content, automated systems, or third-party access does not invalidate charges. Customers are responsible for proactively managing their CDN configuration to prevent unintended usage.

24. Usage Monitoring Responsibility

Customers are solely responsible for monitoring their usage levels through the 5centsCDN client dashboard. 5centsCDN may provide usage alerts as a courtesy but is not obligated to do so and shall not be liable for charges incurred as a result of the Customer's failure to monitor usage.

25. Instant Infrastructure Delivery

CDN resources are delivered instantly upon request. Once delivered through the network, services are considered fully performed and non-reversible. The Customer's obligation to pay for such services arises at the moment of delivery.

26. Administrative Fees for Chargebacks

If a chargeback is determined to be invalid, unwarranted, or fraudulent, 5centsCDN may charge the Customer:

  • Dispute processing fees of up to $50 USD per incident
  • Investigation costs
  • Bank or processor fees passed through to 5centsCDN
  • Reasonable legal expenses

Such fees are immediately due and payable upon determination.

27. Suspension During Payment Disputes

Services may be immediately suspended while payment disputes are under investigation. 5centsCDN is not liable for any damages or service interruptions resulting from such suspension. Suspension does not relieve the Customer of any payment obligations.

28. Fraudulent Chargebacks

Customers initiating fraudulent chargebacks for services demonstrably delivered and consumed may be subject to:

  • Referral to third-party collections agencies
  • Legal recovery actions in Delaware courts
  • Permanent account blacklisting across 5centsCDN services
  • Reporting to fraud prevention databases

5centsCDN reserves the right to pursue all available legal remedies to recover amounts owed including original invoice amounts, chargeback fees, legal costs, and interest at the maximum rate permitted by Delaware law.

29–30. Payment Authorization

By submitting payment information, the Customer authorizes 5centsCDN to charge the selected payment method for all amounts due under this Agreement. By adding, saving, or selecting a payment method within the 5centsCDN client portal, the Customer expressly authorizes 5centsCDN to automatically charge the stored payment method for all services, subscriptions, overages, add-ons, and outstanding balances. This authorization is recorded with timestamp and IP address as binding evidence of Customer consent.

31. Stored Payment Methods

Customers may store one or more payment methods within their account. If multiple payment methods are stored, the Customer authorizes 5centsCDN to charge the default payment method first. If the default method fails, 5centsCDN may charge any other valid stored payment method. Customers are responsible for maintaining valid, up-to-date payment information. Failure to do so may result in service suspension.

32. Bandwidth Auto-Recharge Authorization

By enabling the Bandwidth Auto-Recharge feature, the Customer authorizes 5centsCDN to automatically purchase the configured bandwidth add-on when usage reaches the predefined threshold. Customers may configure the threshold (e.g., 75%, 85%, or 95% of monthly allocation) and the add-on package. Such automatic purchases are Customer-initiated authorized transactions and are non-refundable once provisioned.

33. Non-Refundable Usage-Based Charges

Once bandwidth has been delivered or infrastructure resources have been consumed, the service has been fully performed and is non-refundable, regardless of the source of traffic or method of content access. Non-refundable services include:

  • Bandwidth delivery
  • Storage usage
  • Encoding or transcoding services
  • CDN request processing
  • Network routing and infrastructure usage

34. Customer Responsibility for Usage

Customers remain responsible for all traffic, requests, and usage generated through their account, including traffic caused by:

  • Publicly accessible content
  • Embedded media players
  • Automated systems or bots
  • Third-party applications
  • Hotlinking and external content access

Customers are responsible for implementing appropriate access controls.

35. Authorization Logging and Evidence

5centsCDN records system logs related to payment authorization and billing configuration changes, including:

  • Time and date of authorization events
  • IP address from which actions were performed
  • Customer account identifier
  • Payment method used or saved
  • Service configurations that triggered automatic billing events
  • TOS acceptance timestamp and IP address at registration

Such records constitute binding evidence of Customer authorization and may be used in any dispute, arbitration, or legal proceeding.

36. Customer Notifications

5centsCDN may send automated notifications related to billing activities including:

  • Invoice generation notices
  • Payment reminders
  • Auto-recharge confirmations
  • Payment processing notifications

Failure to receive or review such notifications does not relieve the Customer of payment obligations.

37. Collections and Legal Costs

Customers agree to pay all reasonable collection and legal costs incurred by 5centsCDN in recovering unpaid balances, including attorneys' fees, court costs, and third-party collection agency fees. Unpaid balances accrue interest at 1.5% per month (18% per annum) or the maximum rate permitted by applicable law, whichever is lower, from the date payment was due.

38. Advanced Professional Services

Advanced support services may include remote troubleshooting, dedicated engineers, and monitoring services. Additional fees apply as published on the 5centsCDN website or as agreed in writing. Professional services fees are non-refundable once delivered.

39. Sanctions and Geographic Compliance

5centsCDN's Services may not be used by individuals or entities located in, or that are nationals or residents of, any country subject to sanctions administered by the U.S. Office of Foreign Assets Control (OFAC) or any applicable government authority. Customers represent and warrant that they are not on any government restricted parties list. Violations may result in immediate account termination without refund.

40. Account Verification and Identity (KYC)

5centsCDN reserves the right to verify Customer identity before or after provisioning services. Customers agree to provide accurate, complete, and current information during registration and to update such information promptly. Accounts created with false or misleading information may be terminated without refund. 5centsCDN may require additional identity verification documents at any time as a condition of continued service.

41. Severability

If any provision of this Agreement is found to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if not possible, severed from this Agreement. The remaining provisions shall continue in full force and effect.

42. Waiver

No waiver by 5centsCDN of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Any failure by 5centsCDN to assert a right under this Agreement shall not constitute a waiver of such right.

43. Notices

All notices to 5centsCDN must be sent in writing to legal@5centscdn.com or to the registered address of 5centsCDN, Inc. Notices from 5centsCDN to Customer will be sent to the email address associated with the Customer's account. Customers are responsible for maintaining a current email address in their account.

Signup Acceptance Requirement

REQUIRED REGISTRATION ACKNOWLEDGMENT:

"By creating an account I agree to the Terms of Service and Refund Policy and understand that CDN services are billed based on real-time usage and are non-refundable once consumed. I acknowledge that I have read and understood all terms including the mandatory arbitration clause and class action waiver. My IP address, timestamp, and account details are recorded as evidence of this agreement."

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