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Terms of Service

1. Definitions

In this Agreement:

  • “Pdnode” refers to the corporate entity providing this Service Pdnode LLC, and all its affiliates.

  • “Service” refers to all software, websites, APIs, documentation, and any related online products or services provided by Pdnode.

  • “User” or “You” refers to any individual or legal entity accessing or using this Service.

  • “User Content” refers to all information, data, text, files, or other materials submitted, posted, transmitted, or displayed by a user on the Service.

  • “Agreement” refers to these Pdnode Terms of Service and all policies or documents referenced therein.

2. Acceptance of Terms and User Warranties

2.1 Acceptance of Agreement

By accessing or using the Service, you acknowledge that you have read, understood, and agree to abide by all the terms of this Agreement. If you do not agree to any part of this Agreement, you may not use the Service.

2.2 User Warranties

The user represents and warrants that they have the legal right, authority, and capacity to enter into this Agreement and are at least 18 or have reached the legal age of majority in their place of residence.

3. Description and Modification of Services

Pdnode provides software, websites, APIs, or related online services. We reserve the right to modify, suspend, or permanently terminate any part or function of the Service at any time, with reasonable notice to the user where practicable. Pdnode shall not be liable for any impact on you caused by modifications or termination of the Service.

4. User Obligations and Code of Conduct

Users shall not use the Service for any illegal activities, infringe upon the rights of others (including but not limited to intellectual property rights and privacy rights), or for any purpose expressly prohibited by this Agreement.

4.2 Account Security

Users are responsible for maintaining the confidentiality of their account information and for all activities occurring under their accounts. Users must immediately notify Pdnode of any unauthorized use or security breaches.

4.3 Prohibition of Abuse

Users shall not interfere with, disrupt, reverse engineer, or access the Service or its related systems and networks in any way without authorization.

5. Intellectual Property

5.1 Pdnode Intellectual Property

All software, documents, designs, icons, trademarks, and all other materials contained in the Service (“Pdnode Content”) are protected by intellectual property laws and are owned by Pdnode. Unauthorized copying, distribution, or commercial use is strictly prohibited.

5.2 User Content License

Users retain all rights to their User Content. However, users grant Pdnode a non-exclusive, worldwide, royalty-free, sublicensable right to use, copy, host, modify, and distribute User Content to the extent necessary for the operation, improvement, and promotion of the Service.

5.3 User Content Liability

Users are solely responsible for all User Content they upload to the Service and guarantee that their content does not infringe on the intellectual property rights or privacy rights of any third party. Pdnode reserves the right (but not the obligation) to remove or refuse distribution of any User Content at any time.

6. Privacy and Data

Data generated during your use of the Service will be collected and used in accordance with our Privacy Policy. Please read this policy carefully to understand our practices regarding the collection, use, and protection of your data.

7. Payment Terms (if applicable)

7.1 Fees and Payments

Users agree to pay all applicable fees according to the fee schedule published on the Pdnode website. Users understand and accept that all fees paid are non-refundable unless expressly stated otherwise in this Agreement.

7.2 Price Changes

Pdnode reserves the right to change service prices at any time and will notify users in advance through the website or other reasonable means.

The Service may contain links to third-party websites, applications, or services. Pdnode is not responsible for, and makes no warranties regarding, the content, accuracy, functionality, or privacy policies of any third-party services. Users use any third-party services at their own risk.

9. Disclaimers and Limitation of Liability

9.1 Disclaimers

Pdnode Services are provided "as is" and "as available." Pdnode expressly disclaims all warranties of any kind, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Pdnode does not warrant that the Services will meet your requirements, will be uninterrupted, timely, secure, or error-free.

9.2 Limitation of Liability

Pdnode shall not be liable for any direct, indirect, incidental, special, or punitive damages arising out of or in connection with the use of or inability to use the Services. **In no event shall Pdnode's total liability under this Agreement exceed the amount (if any) paid by the user to Pdnode within the twelve (12) months preceding the event giving rise to the claim. **

10. Indemnification

The user agrees to defend, indemnify, and hold harmless Pdnode and its affiliates from and against any claims, losses, damages, liabilities, and costs (including reasonable attorneys' fees) arising out of or relating to the user's use of the Service, breach of these Terms, or infringement of any third party's rights by the user's content.

11. Amendment and Termination of Agreement

11.1 Amendment of Agreement

Pdnode may update these Terms at any time. Updated terms will be published on our website. Continued use of the Service after the update is published constitutes acceptance of the updated terms.

11.2 Right of Termination

Pdnode may terminate or suspend the user's access to all or any part of the Service at any time, with or without notice, especially if the user breaches the terms of these Terms. The user may terminate these Terms at any time by ceasing to use the Service or deleting their account.

11.3 Effectiveness After Termination

Articles 5 (Intellectual Property), 9 (Disclaimer and Limitation of Liability), 10 (Indemnification), and 12 (Dispute Resolution) shall remain in full force and effect upon termination of this Agreement.

12. Applicable Law and Dispute Resolution

12.1 Applicable Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, United States, without regard to its conflict of laws principles.

12.2 Dispute Resolution

The parties shall first attempt to resolve any dispute arising out of or in connection with this Agreement amicably through negotiation. If such negotiation fails, either party may bring suit in a state or federal court with jurisdiction located in Portland, Oregon, United States. The parties hereby irrevocably agree to submit to the personal jurisdiction of such courts.

13. Full Agreement

This Agreement, together with any policies referenced (such as the Privacy Policy), constitutes the full agreement between the user and Pdnode regarding the use of this Service and supersedes all prior oral or written agreements between the parties concerning this subject matter.