Effective Date: August 6, 2025
THIS TERMS AND CONDITIONS AGREEMENT (“Agreement”) CONSTITUTES A LEGALLY BINDING CONTRACT BETWEEN THE ENTITY OR INDIVIDUAL ACCEPTING THESE TERMS (“Subscriber”) AND ALC Empire Holdings, Inc., A CORPORATION ORGANIZED UNDER THE LAWS OF THE REPUBLIC OF THE PHILIPPINES, ACTING THROUGH ITS DIVISION NuCDN (“NuCDN,” “Company,” “We,” OR “Us”).
IMPORTANT — PLEASE READ CAREFULLY
BY APPLYING FOR, ACCESSING, OR USING THE SERVICES, OR BY CLICKING “I ACCEPT, I AGREE” YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.
1. INCORPORATED POLICIES
The following policies are expressly incorporated by reference into these Terms and form an integral and binding part of this Agreement:
Acceptable Use Policy (AUP): https://www.nucdn.co/legal/aup/
Service Level Agreement (SLA): https://www.nucdn.co/legal/sla/
Privacy Policy: https://www.nucdn.co/legal/privacy-policy/
Trust And DMCA: https://www.nucdn.co/legal/dmca/
Your use of NuCDN services constitutes acceptance of all such policies, as amended from time to time.
2. GRANT OF RIGHTS
Subject to the terms of this Agreement, NuCDN grants Subscriber a limited, non-exclusive, non-transferable, revocable right to access and use the Services solely for lawful purposes during the applicable subscription term.
All rights not expressly granted are reserved by NuCDN.
3. SERVICES
The Services include, without limitation:
Content Delivery Network (CDN) services
Website and application security services
DNS and DNS-security services
DDoS mitigation and traffic filtering
Hosting, server, and application services
Monitoring, logging, and related infrastructure services
NuCDN operates a globally distributed network serving customers in the United States, the European Union, and other regions.
Notwithstanding such global operations, NuCDN is legally domiciled and governed from the Republic of the Philippines.
4. RESTRICTIONS
Subscriber shall not:
- Modify, reverse engineer, decompile, or disassemble the Services
- Resell, sublicense, or transfer the Services without written authorization
- Use the Services to distribute malware, spam, phishing, or unlawful content
- Interfere with or disrupt NuCDN systems or other customers
- Attempt unauthorized access to any network or system
Violation constitutes a material breach of this Agreement.
5. REGISTRATION AND ACCOUNT SECURITY
Subscriber must provide accurate and complete registration information and maintain the confidentiality of all credentials.
Subscriber is solely responsible for all activity occurring under its account.
NuCDN may suspend or terminate Services if registration information is false, inaccurate, or incomplete.
6. MONITORING AND DATA PROCESSING
Subscriber acknowledges that NuCDN may collect, process, and analyze technical and traffic data, including logs and metadata, as necessary to operate, secure, and maintain the Services.
The Services do not include remediation, incident response, or vulnerability correction unless expressly agreed in writing.
7. COMPLIANCE WITH LAWS
Subscriber shall comply with all applicable laws and regulations, including but not limited to data protection, cybersecurity, export control, and sanctions laws applicable in the United States, the European Union, the Philippines, and any other relevant jurisdiction.
Subscriber represents that it is not prohibited from using the Services under any applicable law.
8. FEES AND PAYMENT
Subscriber agrees to pay all applicable fees in accordance with the selected plan or usage terms.
Free services, trial services, or promotional services are provided without warranty and may be modified or discontinued at any time.
Except as expressly stated in a written Service Level Agreement, all fees are non-refundable.
9. OWNERSHIP AND INTELLECTUAL PROPERTY
The Services are licensed, not sold.
All intellectual property rights in the Services remain the exclusive property of ALC Empire Holdings, Inc. or its licensors.
Subscriber acquires no ownership rights under this Agreement.
10. WARRANTY DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NUCDN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NUCDN DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- NUCDN SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
- NUCDN’S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE FEES PAID BY SUBSCRIBER DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM
- NO LIABILITY SHALL ARISE FROM FREE SERVICES
12. INDEMNIFICATION
Subscriber shall indemnify, defend, and hold harmless NuCDN, ALC Empire Holdings, Inc., and their officers, employees, and affiliates from any claims arising out of:
Subscriber’s use of the Services
Content transmitted or hosted under Subscriber’s account
Violation of this Agreement or applicable law
13. TERM AND TERMINATION
This Agreement remains in effect until terminated.
NuCDN may suspend or terminate Services at its sole discretion upon breach, non-payment, or risk to compliance or infrastructure.
Upon termination, Subscriber must immediately cease all use of the Services.
14. FORCE MAJEURE
NuCDN shall not be liable for failure or delay resulting from events beyond reasonable control, including acts of God, network failures, cyber incidents, or governmental actions.
15. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of the Republic of the Philippines.
Exclusive jurisdiction shall lie with the competent courts of Cavite, Philippines.
16. AMENDMENTS
NuCDN may amend this Agreement at any time by posting updated terms. Continued use of the Services constitutes acceptance of the amended Agreement.
17. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings relating to the Services.
18. CONTACT INFORMATION
ALC Empire Holdings, Inc.
Email: legal@nucdn.co
Phone: +63 961 904 8179
Address: Unit E-0054, 5th Floor, CBC Asia Technozone, Aguinaldo Hwy, Talaba I, Bacoor City, Cavite 4102 Philippines