Terms and Conditions
Terms and Conditions
Please review the following terms of service (these "Terms of Service") concerning your use of the Proxify product. By using the product, you represent and warrant that you have read and understood and agree to be bound by the Terms of Service contained herein and the Privacy Policy posted on the product. You agree that you have reached the age of majority in your state or country or that you have parental permission to use the product. You must click on the "I Agree" button at the bottom of this page to use this product. If you do not agree with these Terms of Service, please do not access or otherwise use the product. The proxy service is provided on an "as is" and "as available" basis, and the customer agrees to use it at their own risk. The customer is responsible for ensuring that their use of the proxy service complies with all applicable laws and regulations. The proxy service may not be used for any illegal or unauthorized purpose, including but not limited to hacking, spamming, or distributing illegal content. The company reserves the right to terminate or restrict the customer's access to the service at any time, for any reason, and without notice. The customer must keep their account login information confidential and secure, and is responsible for any activities that occur under their account. The company will use reasonable efforts to maintain the availability and performance of the service, but does not guarantee uninterrupted or error-free operation. The customer agrees to indemnify and hold the company and its affiliates harmless from any claims, damages, or expenses arising from their use of the service. These terms and conditions are subject to change at any time, and the customer is responsible for staying informed of any updates. The proxy service may include the use of mobile IPV6 proxies and IPV4G proxies, as well as other technologies, at the discretion of the company. The customer acknowledges that the use of mobile IPV6 proxies and IPV4G proxies may have limitations and may not be available in all regions or with all service providers. The company does not guarantee the availability or performance of mobile IPV6 proxies and IPV4G proxies, and may change or discontinue their use at any time without notice. The customer agrees to use mobile IPV6 proxies and IPV4G proxies, if available, in accordance with these terms and all applicable laws and regulations. DISCLAIMER The company is not responsible for the actions of private customers who rent proxies from us. The customer is solely responsible for their use of the rented proxies, and we have no involvement in their actions. By using our proxy service, the customer agrees to this disclaimer and releases the company from any liability for their use of the rented proxies. You may not use the product in any way that breaches any code of conduct, policy or other notice or policy applicable to the product or in any way that is prohibited by us. Without limiting the generality of the foregoing, the product may not be used for any of the following uses: To engage in commercial activities without a commercial-level account. To use any robot, spider or other automatic device, process or means to access the product in an attended or unattended basis for any purpose. Automated use is currently not permitted. For any unlawful, illegal, or criminal purpose, including, but not limited to, the transmission or receipt of illegal material. To contact or communicate with minors in a manner prohibited by law. To infringe any copyright, trademark or any other intellectual property right, proprietary right, property right or any other right of ours or any third party. To engage in spamming, indiscriminate advertising, mass news posts, or any other kind of unsolicited mass distribution of email or other abuse of the Internet. To transfer excessive amounts of data. Files larger than the file size limit applicable to your account are automatically cut off. The product may not be used with any download manager or to access any peer-to-peer (P2P) file sharing networks, including, but not limited to, BitTorrent. To access any webproduct in excess of the authority granted by the webproduct, including, but not limited to, bypassing blocking imposed by a bulletin board or discussion forum. To transmit any unlawful, harassing, libelous, abusive, threatening, harmful, or hateful material of any kind or nature. To use the product in any manner that could damage, disable, overburden, or impair any computer system or the product (or the network(s) connected to the product) or interfere with any other party's use and enjoyment of the product. To copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, attempt to decrypt, modify, alter in memory, or create derivative works of the product or related services. To exploit errors in design, features which are not documented or bugs to gain access that would otherwise not be available or to obtain any competitive advantage. DISCLAIMERS AND LIMITATIONS You expressly acknowledge and agree that use of the product is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. to the maximum extent permitted by applicable law, the product is provided "as is," with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the product, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment and non-infringement of third party rights. we do not warrant against interference with your enjoyment of the product, that the functions contained within the product will meet your requirements, that the operation of the product will be uninterrupted or error-free, or that defects in the product will be corrected. no oral or written information or advice given by us or any of our authorized representatives shall create a warranty. To the maximum extent permitted by law, in no event shall we be liable for direct or personal injury, or any incidental, punitive, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, loss of goodwill or any other commercial damages or losses, arising out of or related to your use or inability to use the product, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if we have been advised of the possibility of such damages. without limiting the foregoing, in no event will we be liable to any authorized user, regardless of the form of action or the theory of liability, for any amount in excess of the three-month use-fee for the product that we have received from the customer. CHANGES TO THE product; ADDITIONAL LIABILITY LIMITATION We may change the product or add or delete features in any way, at any time and for any reason in our sole discretion, without notice, and you agree and acknowledge that we may do so. as you use the product, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "content") originated by us and persons other than us (any such person is referred to as a "third party"). without limiting the generality of "disclaimers and limitations" above, you acknowledge and agree that we are not responsible or liable for (1) any content, including without limitation, any unlawful, infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortious, or illegal content, or (2) any third party conduct, content, transmissions or data. these terms of service do not (i) obligate us to monitor, review or police any content transmitted by any user, or (ii) create any obligation or duty of us to any party that is not a user, including, but not limited to, any third party user. unless and until noticed, we are not likely to be aware of any violations of these terms of service or any violations of law. we expect all users to notify us of any violations of law or violations of these terms of service. we expressly disclaim any liability for the content transmitted through this product or the internet. in addition, without limiting the generality of "disclaimers and limitations" above, you acknowledge and agree that we are not responsible or liable for (1) any viruses or other disabling features that result from or affect your access to or use of the product, (2) any incompatibility between the product and other webproducts, services, software and hardware, (3) any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the product in an accurate or timely manner, or (4) any damages or costs of any type arising out of or in any way connected with your use of any services available from us or third parties through links contained on the product. the limitations, exclusions and disclaimers in this section and "disclaimers and limitations" above apply to the maximum extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law. INDEMNIFICATION You agree to fully indemnify and hold us, our successors and predecessors and each of our and their respective parents, subsidiaries, affiliates, licensees, officers, directors, shareholders, partners, joint-venturers, employees, agents, contractors and suppliers and each of their respective officers, directors, principals, shareholders, members, employees, agents, representatives, heirs, executors, administrators, successors and assigns, harmless from any claim, suit, hearing, action, expense or demand, including without limitation to: all claims for damages, fees or costs (including attorneys' fees) made or brought by any third party due to or arising out of the use of the product or any part of our service to or by you, your agents or representatives, anyone under your control, or by any third party using your equipment, accounts, passwords to access and/or use the product or other related service (for purposes of this section, collectively, "you"); the violation by you of our Terms of Service or any provision therein (including warranties, representations or covenants) or any other rules or policies applicable to use of the product; the infringement or misappropriation by you or any intellectual property rights of any person or entity; or the use or misuse by you or third parties of end user passwords or accounts. We reserve the right, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses and, as set forth above, be fully responsible for our attorneys' fees. USER RESPONSIBILITIES Subscribers to the product may not share their account information with any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You also are responsible for any fees or charges incurred to access the product through an Internet access provider or other third party service. All subscriber fees are subject to our Return/Refund Policy. PAYMENTS You represent and warrant that if you are purchasing something from us that (i) any billing information you supply is true and complete, (ii) charges incurred by you will be honored by your bank and/or credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes. Payment is due at the time of order. In the event of any default in making payments due to us, you agree to pay to us interest on any unpaid balance at the highest applicable legal rate from the date of default, plus our costs of collection, including attorneys' fees. SERVICE EMAILS We reserve the right to send subscribers service emails notifying the subscriber of operational or other changes that may affect or change the current services offered. Please note that subscribers cannot opt out of such service emails because these service emails provide information critical for the operation of subscribers' accounts. TERMINATION We reserve the right to terminate any users' access to the product or any related service for any or no reason, with or without notice, at any time. We shall not be liable to you or any third party for termination of service, nor shall we be responsible for any events or actions arising as a result of said termination. If your access is terminated, you agree not to use or access the product or any related service, or to assist or cause any third party to do the same. Our rights under this Agreement shall survive any termination of this Agreement. FORCE MAJEURE We shall not be liable for any delays or other non-performance resulting from circumstances or causes beyond our reasonable control, including, without limitation, fire or other casualty, act of God, strike or labor dispute, war or other violence or acts of third parties not within our reasonable control. GOVERNING LAW The rights and obligations of the parties under these terms of service shall not be governed by the provisions of the U.N. convention on contracts for the international sale of goods; instead, these terms of service shall be governed by and construed in accordance with the laws of U.K. without regard to the choice of law provisions of this or any other jurisdiction. the parties agree that in the event of any dispute or controversy arising from or in connection with these terms of service or the product, the parties will submit such dispute exclusively to The London Court of International Arbitration (LCIA). Each party shall bear one-half of the costs of the arbitration, including the fees incurred through LCIA. you expressly waive any objection which you may have or hereafter have to the venue or jurisdiction of any such action, suit or proceeding. CONSTRUCTION In the construction and interpretation of these Terms of Service, no rule of strict construction shall apply against either party. The parties agree that these Terms of Service are written in and shall be interpreted in accordance with the English language. SEVERABILITY In the event that any portion of these Terms of Service are deemed by a court to be invalid, the remaining provisions shall remain in full force and effect. WAIVER Our failure to enforce your strict performance of any provision of these Terms of Service will not constitute a waiver of our right to subsequently enforce such provision or any other provision of these Terms of Service. No provision of these Terms of Service will be waived by any act, omission or knowledge of us or our agents or employees except by an instrument in writing expressly waiving such provision and signed by a duly authorized officer of ours. STATUTE OF LIMITATIONS You agree that any cause of action against us arising out of or related to the product or any related service, regardless of its form, must be commenced by you within one (1) year from the date on which the cause of action arose; otherwise, such cause of action is permanently barred. TITLES The section titles in these Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance. ASSIGNMENT You may not assign these Terms of Service, by operation of law or otherwise, without our prior written consent. Subject to that restriction, these Terms of Service will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. MODIFICATIONS We reserve the right to review and change these Terms of Service, the Privacy Policy for this product and/or any other rules and policies relating to the product at any time and to provide notification solely by posting an updated version on the product. You are responsible for regularly reviewing our policies. Continued use of the product after any policy change shall constitute your binding consent to such changes. COPYRIGHT AND TRADEMARK NOTICES Copyright (c) Proxify, All rights reserved. Proxify logo are trademarks of ours and are protected by U.S. and international trademark laws. The information available on the product is our property and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on this product for commercial or public purposes. Users may not use the trademarks, logos and service marks ("Marks") for any purpose without our written permission or such third party that may own the Marks. We reserve any rights not expressly granted herein. TAMPERING The user agrees not to modify, move, add to, delete or otherwise tamper with the information contained on the product. The user also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained on the product. You agree not to utilize the product or any information you obtain on this product in any manner which may be likely to injure or cause loss, either directly or indirectly, to us, our parents, subsidiaries, affiliates, officers, employees, agents, contractors and suppliers. LEGAL INQUIRIES All users of the product will cooperate and comply with any civil and/or criminal investigation or inquiry relating to use of or content located on the product, including without limitation, discovery orders, subpoenas, and any other order or request from any court, government entity or regulatory agency (collectively, an "Investigation"). We reserve all rights to comply with any Investigation without notice to any users of the product. No user of the product will be entitled to any refund or any service credits, and we shall not be in default under any agreement or other obligation, if our compliance with any Investigation causes a user of the product to not have access to the product. In accordance with our Privacy Policy, we reserve the right to disclose any information (including log files, if still available) relating to any users and their use of the product if such information is disclosed in connection with an Investigation, or, in our sole discretion, when we believe that disclosure is necessary to identify, contact or bring legal action against someone who may be causing injury to others, to prevent death or bodily harm to any individual, or to prevent any interference with this product or any rights, business or property of ours. Please see our Privacy Policy for further details. For any kind of legal notification or inquiry both users and government officials should write to [email protected] I HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO BE BOUND BY ALL OF ITS TERMS