Goooood® Website and Services Terms of Use

Effective Sep 15, 2023

Welcome to Goooood®! As used in these Terms of Use, “Goooood®”, “us” or “we” refers to Goooood.com. and its affiliates.

PLEASE READ THE FOLLOWING CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS. These terms of use (“Terms”), along with Goooood®’s Privacy Policy, govern your use of Goooood®’s Websites and Services. For the purposes of these Terms, (i) “Websites” refers to www.Goooood.com, as well as the other websites that Goooood® operates and that link to these Terms, and (ii) “Services” means Goooood®’s products and services that are publicly available without a subscription or a Goooood® account, including, but not limited to, the Goooood® multiCDN, Goooood® WAF, Goooood® AppShield, Goooood® DDoS Protection service, and Goooood® DDoS Protected Server, and its Distributed Web Gateway and Resolver. If you do not agree to these Terms, you must not access or use our Websites or Services.

THESE TERMS DO NOT APPLY TO YOUR ACCESS AND USE OF THE GOOOOOD® PRODUCTS AND SERVICES THAT ARE PROVIDED UNDER THE SELF-SERVE SUBSCRIPTION AGREEMENT, THE ENTERPRISE SUBSCRIPTION AGREEMENT, OR OTHER WRITTEN AGREEMENT SIGNED BETWEEN YOU AND GOOOOOD® (IF APPLICABLE).

If there is a conflict between these Terms and additional terms applicable to a given Website or Services, the additional terms will control for that conflict.

1. ELIGIBILITY

By agreeing to these Terms, you represent and warrant to us: (i) that you have not previously been suspended or removed from the Websites and Services and (ii) that your use of the Websites and Services is in compliance with any and all applicable laws and regulations.

2. LICENSE GRANT TO GOOOOOD®

By submitting, posting, or publishing your content, suggestions, enhancement requests, recommendations, feedback, information, data, or comments (“Content”) to any Website or Services, you are granting Goooood® a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, incorporate, exploit, display, perform, reproduce, distribute, and prepare derivative works of your Content. You will retain ownership of your Content, however, any use of your Content by Goooood® may be without any compensation paid to you. By submitting, posting, and publishing your Content, you represent and warrant that your Content, does not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (ii) slander, defame, or libel any third-party.

3. INFRINGEMENT AND ABUSE

With respect to the Services, Goooood® operates pass-through network services used to improve network performance, not hosting provider services and as such, we have no way of removing improper or infringing material from our users’ websites, third party sites or their hosting services. Goooood® has no control over any decentralized name registries and cannot remove material that is accessible through the Distributed Web Gateway. Copyright holders or their agents concerned with material served through. If you would prefer not to use our complaint submission form, you may mail your complaint to:

Big Tree
Attn: Legal Department
10, Anson Road, #09-01,
International Plaza, Singapore (079903)
Email: [email protected]

When submitting abuse reports, please provide detailed information supporting your complaint as well as an affidavit attesting to its validity. Please bear in mind that unless you have requested us not to share your information through the opt-out procedure described on our abuse page, Goooood® may provide copies of, or information from your notification or complaint to anyone it considers appropriate, including but not limited to the Goooood® user whom the notification or complaint relates to, the Goooood® user’s hosting provider, website operator and visitors of Goooood®’s own website. For more information about how Goooood® handles complaints please email to [email protected].

If you intend to automate the process by which you submit abuse reports , you will need to request access to an abuse API token. If you are granted an abuse API token, you agree not to disclose or provide the abuse API token to any person or entity other than to yourself or your organization’s employees or use the API or API token in any manner prohibited under Section 7 below. You understand that Goooood® may suspend or revoke an abuse API token at any time in Goooood®’s reasonable discretion.

4. TERMINATION OF USE; DISCONTINUATION AND MODIFICATION OF THE WEBSITES AND SERVICES

We may at our sole discretion suspend or terminate your access to the Websites and/or Services at any time, with or without notice for any reason or no reason at all. We also reserve the right to modify or discontinue the Websites and/or Services at any time (including, without limitation, by limiting or discontinuing certain features of the Websites and/or Services) without notice to you. We will have no liability whatsoever on account of any change to the Websites and/or Services or any suspension or termination of your access to or use of the Websites and/or Services.

5. THIRD-PARTY WEBSITES

The Websites and Services may contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content.

6. OWNERSHIP; PROPRIETARY RIGHTS

The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Websites and Services (the “Materials”) provided by Goooood® are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Websites and Services are the property of Goooood® or our third-party licensors. Except as expressly authorized by Goooood® you may not make use of the Materials. Goooood® reserves all rights to the Materials not granted expressly in these Terms.

7. PROHIBITED USES

As a condition of your use of the Websites and Services, you will not use the Websites or Services for any purpose that is unlawful or prohibited by these Terms. You may not use the Websites or Services in any manner that could damage, disable, overburden, disrupt or impair any Goooood® servers or APIs, or any networks connected to any Goooood® server or APIs, or that could interfere with any other party’s use and enjoyment of any Websites or Services. You may not transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of Websites or Services. You may not exceed or circumvent, or try to exceed or circumvent, limitations on the Websites or Services, including on any API calls, or otherwise use the Websites or Services in a manner that violates any Goooood® documentation or user manuals. You may not attempt to gain unauthorized access to any Websites or Services, other accounts, computer systems, or networks connected to any Goooood® server or to any of the Websites or Services through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Websites or Services. You may not to use the Websites or Services in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

Goooood® retains the right (but not the obligation) to block content from its Distributed Web Gateway that Goooood® determines (in its sole discretion) to be illegal, harmful, or in violation of these Terms. For these purposes, illegal or harmful content includes but is not limited to: (a) content containing, promoting, or facilitating child sexual abuse material or human trafficking; (b) content that infringes on another person’s intellectual property rights or is otherwise unlawful; (c) content that discloses sensitive personal information, incites or exploits violence, or is intended to defraud the public; and (d) content that seeks to distribute malware, facilitate phishing, or otherwise constitutes technical abuse.

7. INDEMNITY

You agree that you will be responsible for your use of the Websites and Services, and you agree to defend, indemnify, and hold harmless Goooood® and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (collectively, the “Goooood® Entities”) from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to, use of, or alleged use of the Websites and Services; (ii) your violation of these Terms or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (and without limiting your indemnification obligations with respect to such matter), and in such case, you agree to cooperate with our defense of such claim.

8. DISCLAIMERS; NO WARRANTIES

THE WEBSITES AND SERVICES ARE MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE GOOOOOD® ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET THE CONTENT OR DATA APPEARING ON THE WEBSITES AND SERVICES. AS SUCH, YOUR USE OF THE WEBSITES AND SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE GOOOOOD® ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE WEBSITES AND SERVICES AND EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9. LIMITATION OF LIABILITY

IN NO EVENT WILL THE GOOOOOD® ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITES AND SERVICES OR ANY MATERIALS OR CONTENT ON THE WEBSITES AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE GOOOOOD® ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

10. GOVERNING LAW

These Terms will be governed by the laws of the government of Singapore without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Goooood® agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within Singapore for the purpose of litigating all such disputes.

11. CHANGES TO THESE TERMS

Goooood® reserves the right to make modifications to these Terms at any time. Revised versions of these Terms will be posted to this Website. Unless otherwise specified, any modifications to the Terms will take effect the day they are posted to this Website. If you do not agree with the revised Terms, your sole and exclusive remedy will be to discontinue your use of the Websites and Services.

12. GENERAL

These Terms, together with the Privacy Policy and any applicable product limits, disclaimers, or other terms presented to you on our website or documentation, each of which are incorporated by reference into the Agreement, constitute the entire and exclusive understanding and agreement between you and Goooood® regarding your use of and access to the Websites and Services. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of particular provisions. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. You acknowledge that the Websites and Services are not intended to be technology protection measures that will help you comply with the Personal Data Protection Act 2012 (PDPA). Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration, including, but not limited to, Section 2 and Sections 7 through

13. CONTACT INFORMATION

The Websites and Services are operated by Big Tree, located at 10, Anson Road, #09-01, International Plaza, Singapore (079903). You may contact us by sending correspondence to the foregoing address or by emailing us at [email protected].