We thank you for choosing to subscribe to our services. These Terms of Service (the “ToS”) governs your relationship with ProxyFactory (2021). (“ProxyFactory” or “we”) and set forth the terms and conditions under which ProxyFactory makes available its paid ProxyFactory Service, including ProxyFactory Mobile, ProxyFactory API and ProxyFactory Private Proxies (the “Services”). By signing up and subscribing to our Services you (the “User”) hereby agree to be bound by these TOS, as may be amended from time to time. Therefore, please read these TOS carefully and visit these pages regularly for updates and changes.
SUBSCRIBING TO THE SERVICES
ProxyFactory’s Services are strictly business to business. By the customer approval to this ToS s/he is approving that s/he represent a a business entity, and that s/he is at least 18 years old and has the authority to bind the entity to these ToS. By registering and placing an order to acquire Services, you warrant and represent and that any information provided by you at the time of registration is complete, truthful and accurate, and you agree to ensure that such information is kept up to date. Upon registering for an account, you will receive a link to your account, a username and a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another user at any time, or to disclose your password to any third party, except to your employees actually using the service, subject to the package that you purchased (the “Approved Personnel“). You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any, and all use of your account. You may not transfer, assign or sell your ProxyFactory’s account and/or User ID to another party. Only Approved Personnel may use the Services. By your approval to this ToS you herby agree to receive digital invoices, receipts, credit notes etc. (hereinafter: “Digital Billing Documents”). BILLING AND PAYMENT Subscriptions to the ProxyFactory’s Services may be made available in free or paid versions and/or in different service levels. Not all of the features and functionality of the ProxyFactory’s Services may be available in each version or service level. The features and functionality of each version or service level may be changed from time to time at ProxyFactory’s discretion. If you register to use a paid version of the ProxyFactory’s Services on a free-trial basis and do not cancel the trial before the expiration of the trial period, then, upon the expiration of the trial period, the account will be automatically converted to a paid account and, unless other payment arrangements have been made in advance and confirmed by ProxyFactory, you will be billed for that paid ProxyFactory’s Services. If your billing information and payment source is invalid, if charges billed to you are declined or not paid or if you fail to pay charges for a paid version of ProxyFactory’s Services when due, your account may be downgraded, suspended or cancelled, at ProxyFactory’s discretion. Failure to Charge – If the client’s payment method is declined for any reason, or if the payment has not been submitted. ProxyFactory reserves the right to suspend the account until all payments are resolved. For the purpose of ProxyFactory service, bandwidth calculation consider 1GB to equals 1000MB.
Your ProxyFactory subscription fee is recurring, with automatic periodic renewals, typically 30 days. Subscription fees are refundable under 48 hours, you are allowed to cancel your recurring subscription prior to each renewal date. For your subscription fee you are entitled to the agreed number of Gigabytes, as defined in your Plan, as credit, to be consumed within each subscription period. At the end of each period your credit balance will be reloaded to the full periodic credit. Should you consume all your credit before the end of your subscription period, or at any other given time, you have the option to purchase one time “over usage” credit that will survive until the end of your subscription period. Failure to Charge – If the client’s payment method is declined for any reason, or if the payment has not been submitted. ProxyFactory reserves the right to suspend the account until all payments are resolved. If a User account is suspended, ProxyFactory may, but is not obligated to, maintain your account and/or related information, in order to allow the User to pay the past-due charges and restore its account. If the charges are not paid, such account may be cancelled. Please note, that until paid in full, all past due amounts will bear an additional charge of the lesser of 1.5% per month or the maximum amount permitted under applicable law. Information regarding the different packages and services we offer, as well as their pricing, billing method, etc., can be found here: https://www.ProxyFactory.io/proxies
ProxyFactory grants the User, commencing on the effective date of the User subscription to access ProxyFactory’s Services (the “Effective Date“) and continuing thereafter for the term of the subscription (unless terminated earlier pursuant to these ToS), a non-exclusive, non-transferable, privilege to use the current versions of the ProxyFactory’s Services to which such User has subscribed to, solely for the User’s own use, in connection with its own business. The access to ProxyFactory Service can be used by a privilege, not sold. You may not modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit any portion of the Software without the prior written permission of ProxyFactory. The access to the Services may include services developed, provided or maintained by third-party service providers (“Third Party Services “). ProxyFactory may change, modify or discontinue any Third-Party Service at any time and without notice to you. Please note, that your access to and use of any Third-Party Services is also subject to any other agreement separate from these ToS that you may enter into (or may have entered into) relating to those Third-Party Services. Third Party Services may be subject to additional Fees as set forth on the site.
In connection with your use of the Services, and without limiting any of the other obligations under these ToS or applicable law, User shall not, and shall not permit others to: Use the ProxyFactory’s Services for any purposes other than those expressly set forth in these ToS; Modify the ProxyFactory’s Services, or decompile, reverse-engineer, disassemble, or otherwise attempt, directly or indirectly, to obtain or create source code for ProxyFactory ‘s Services; Use, sell, distribute, copy, duplicate, or otherwise reproduce all or any part of ProxyFactory’s Services; Attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of our site, Services, Technology, or any Software; Engage in any deceptive, misleading, illegal or unethical practices that may be detrimental to ProxyFactory or the ProxyFactory’s Services, and any such representation, warranty or guarantee concerning ProxyFactory made by User shall be considered a material breach of these ToS; and make any agreements, covenants, representations, warranties or guarantees concerning ProxyFactory or the ProxyFactory’s Services that are inconsistent with or in addition to those contained in these ToS; Allow any access to or use of the Services by anyone other than your authorized users.
You are solely responsible for any content uploaded, submitted or transmitted by you through the site or the Service, including, without limitation, all personally identifiable information relating to you or any of your users, customers, service providers, employees, contractors or agents. ProxyFactory expressly disclaims any and all liability in connection with such content. ProxyFactory may access, use, store, disclose and/or share any information stored or transmitted on or through the Services which ProxyFactory considers necessary or appropriate, including, without limitation, User’s content, IP address and traffic information, volumes, frequencies, recipients, usage history, and any other type of content or data, in order to, among others, comply with applicable laws and lawful governmental requests, to protect ProxyFactory’s systems and users, to ensure the integrity and operation of ProxyFactory’s business and systems, and to allow ProxyFactory to provide and improve its services. ProxyFactory also reserves the right to report any activity that it suspects violates any law, rule or regulation to appropriate law enforcement officials, regulators or other appropriate third parties.
PROVISION OF SERVICES
The User Subscription Effective Date definition is according to the customer’s confirmation of the digital documents as follows, whichever is the latest approval: Approval of This TOS. Confirming the service price. Unless otherwise stated in writing, The User Subscription shall continue indefinitely until User’s account had been terminated. You are entitled to cancel your account and registration at any time, in accordance with the terms of your subscription. After cancellation or termination of your account for any reason, you will no longer have access to the account and all information and content in such account may be, but is not required to be, deleted by ProxyFactory. Moreover, the service privilege that was granted by ProxyFactory, if any, shall immediately be terminated. Termination Notice – the Customer must contact ProxyFactory in writing no less than 1 month prior to the service termination date in order to notify ProxyFactory of its intent to terminate the service. ProxyFactory reserves the right, in ProxyFactory’s sole discretion, to cancel unconfirmed or inactive accounts. ProxyFactory reserves the right at any time and from time to time to modify, suspend, or discontinue the Services or any part thereof, or any User’s access thereto for convenience, with a prior written notice of 60 days. Without limiting any other remedies, ProxyFactory may, without notice, and without refunding any fees suspend a User, or indefinitely suspend a User’s account privileges, terminate a User’s account, and prohibit access to the Services, if such User has breached these ToS or any other ProxyFactory’s policies, or has engaged in improper or fraudulent activity in connection with ProxyFactory, or has preformed any other acts that may cause legal liability or financial loss to ProxyFactory’s Users or to ProxyFactory. ProxyFactory may recover from a User any losses, damages, costs or expenses incurred by ProxyFactory resulting from or arising out of User’s non-compliance with any provision of these ToS.
USER ACKNOWLEDGES AND AGREES THAT THE SITE, THE SERVICES AND ANY OF ITS CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY ANY APPLICABLE, LOCAL OR OTHERWISE, LAW. ProxyFactory DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATIONS ON LIABILITY AND REMEDIES
ProxyFactory ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH ProxyFactory (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE AND/OR SERVICES) IS TO DISCONTINUE YOUR USE OF THE SERVICES. ProxyFactory AND ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH ProxyFactory’S SITE OR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ProxyFactory HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. ProxyFactory LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF ProxyFactory’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO ProxyFactory IN THE 1 MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, ProxyFactoryS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, ProxyFactory WOULD NOT BE ABLE TO OFFER THE SITE OR THE SERVICES.
YOU AGREE TO INDEMNIFY AND HOLD ProxyFactory AND ITS DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, SUBSIDIARIES, AFFILIATES AND AGENTS, HARMLESS FROM AND AGAINST ALL LOSS, DAMAGES, EXPENSES, CLAIMS, DEMANDS AND LIABILITIES INCURRED OR SUFFERED BY ProxyFactory ARISING OUT OF (A) ANY REPRESENTATION MADE BY YOU TO THIRD PARTIES CREATING ANY OBLIGATION OR LIABILITY REGARDING ProxyFactory’S SERVICES WHICH ProxyFactory HAS NOT SPECIFICALLY ASSUMED OR APPROVED UNDER THESE TERMS, (B) YOUR’S BREACH OF ANY TERM OR CONDITION OF THESE TOS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR (C) YOUR FAILURE TO COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, ORDINANCES AND TREATY REQUIREMENTS, RELATING, AMONG OTHERS, TO DATA PROTECTION, PRIVACY RIGHTS, AND COPYRIGHTS.
No Guarantee. ProxyFactory does not guarantee continuous, uninterrupted access to the site, and operation of the site and/or Services may be interfered with by numerous factors outside ProxyFactory ‘s control. ProxyFactory does not guarantee your ability to connect to specific internet sites. If any provision of these ToS is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect. Assignment. ProxyFactory may assign this agreement at any time to the successor in interest in connection with a merger, consolidation or other corporate reorganization. Choice of Law. The site, Services, these ToS and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance You agree that all such disputes.
User may give notices to ProxyFactory by email to [[email protected]]
User may give notices to ProxyFactory by email to [[email protected]]