General Business Terms for Proxiesafe Products
By accessing, using, installing or downloading Proxiesafe products you acknowledge that you have read and understood the terms and agree to be bound by them and to fully comply with them. You further agree to comply with all applicable laws and regulations regarding your use of the Proxiesafe products and you acknowledge that these terms constitute a binding and enforceable legal electronic contract between you and us. If you do not agree, do not access, install, download or use the Proxiesafe products as defined below.
1. Agreement
This agreement is concluded between Vietnam MTD Technology Media Company Limited and you, as User
of Proxiesafe Products.
You are allowed to use Proxiesafe Products only if you are aged 18 or
above, and are legally capacitated and authorized to conclude an agreement with Proxiesafe and
such conclusion is not forbidden to you according to the applicable laws.
Proxiesafe retains the right to assign these terms and conditions to any third party at its discretion subject to notice to you.
2. License
Proxiesafe hereby grants you a personal, non-exclusive, non- transferrable, limited and revocable
license to use the Proxiesafe Products solely in accordance with the terms of this Use
Agreement. Proxiesafe reserves all right, title and interest not expressly granted herein under
this license to the fullest extent possible under applicable laws. You may not sublicense,
assign, or transfer the license granted to you herein, and any attempt to sublicense, assign, or
transfer any part of your rights under this Agreement is void.
You hereby represent and
warrant that you will use the Proxiesafe Products or the Service solely for privacy and security
needs and in full compliance with all applicable local, state, national, and international laws,
rules and regulations. You shall not agree to, nor shall you authorize or encourage any third
party to: (i) prevent others from using the Proxiesafe Products; (ii) use the Proxiesafe
Products for any fraudulent or inappropriate or illegal purpose (i.e., cyber activity); or (iii)
act in any way that violates this Agreement.
You agree that you and any other user that you
have provided access to will not engage in any of the following activities:
• Exploiting,
possessing, producing, receiving, transporting, or distributing any illegal content, including
but not limited to any sexually explicit depiction of children;
• Uploading, possessing,
receiving, transporting, or distributing any copyrighted, trademark, or patented content which
you do not own or lack written consent or a license from the content owner;
• Forging headers
or otherwise manipulating e-mail identifiers in order to mask or mislead the origins of certain
content;
• Interfering with the service to any other user, client, host or network which
reduces the quality of service for other clients and users;
• Using the service to engage in
Denial-of-service (“DOS”) attacks to any third-parties or to Proxiesafe;
• Accessing data,
systems or networks including attempts to probe scan or test for vulnerabilities of a system or
network or to breach security or authentication measures without written consent from the owner
of the system or network;
• Transmitting any material (by email, uploading, posting, or
otherwise) that abuses, bullies, threatens or encourages bodily harm, injury or destruction of
property, defames one or more third parties, or promotes any act of cruelty to animals; or
•
Performing any activity that aims at interfering with Proxiesafe’s functionality or otherwise
might have an adverse effect on the quality and functionality of Proxiesafe Services for other
users, including abuse of the ability to connect unlimited simultaneous devices (such as through
resale, non-personal use or other breach of the license provided herein). In order to preserve
an excellent user experience for all, when we detect what appears to be abuse of the unlimited
simultaneous devices provision, we may contact you to discuss the situation and potential
alternatives. If the situation continues, we reserve the right in our sole discretion to limit
or restrict your usage of Proxiesafe.
3. Data
Proxiesafe values your privacy and strives to maintain it. We only collect the bear minimum
information for the provision of our Products. Proxiesafe collects and uses no personal data to
make Proxiesafe Products available, other than your log-in details. If you want to find out more
about the way in which Proxiesafe collects and uses data, please read our Privacy
Policy.
Proxiesafe does not store data within Proxiesafe Products which permit interference
with your personal data. For all operations, which imply the storage of personal data, such as
for example payment operations, Proxiesafe cooperates with third party providers, who undertake
the separate storage of data; for more information we recommend you review Clause 5 below and
our Privacy Policy.
The goal of Proxiesafe Products is to protect your privacy but not your
computer. Proxiesafe Products is not meant as an antivirus or antimalware tool, unless
specifically mentioned.
4. Product Modifications and Updates
From time to time, Proxiesafe at its absolute discretion, can modify Proxiesafe Products, for
example by adding or removing certain functions of servers or by updating the
software.
Proxiesafe may, at its sole discretion, provide limited technical support, upgrades
and updates for the Proxiesafe Products. In order to enhance and further develop the Proxiesafe
Products we may automatically download and install updates and upgrades from time to time. You
hereby agree to receive such updates and upgrades as part of your use of the Proxiesafe
Products. We have no obligation to make available to you any support versions of the Proxiesafe
Products. Additionally, we shall have no obligation to provide support or maintenance for the
Services under this Agreement.
5. External service providers
In order to make the service Proxiesafe Products available, Proxiesafe Products cooperates with
third party providers (such as Digital Commerce Providers for payment operations or Data
Processing Centers for our servers). If you want to find out more about the third party
providers with whom Proxiesafe cooperates, please read our Privacy Policy.
We make best
efforts to monitor and choose our partners and secure the services provided to you. WE DISCLAIM
ALL REPRESENTATIONS AND WARRANTIES REGARDING CONTENT, GOODS, SOFTWARE OR SERVICES YOU OBTAIN
FROM THIRD PARTY PROVIDERS. We are not responsible for the availability or compliance of the
content provided by Third Party Providers.
6. Safety of your user account
You are the only one responsible for the safekeeping of your password and for handling your user data. Please, change your password on a regular basis. Do not disclose to third parties your user information (Username and password). You are the only one responsible for the activities related to your user account as well as for the activities related to your user account which you have transferred unjustifiable to third parties.
7. Acceptable Use Policy
As Proxiesafe Products may be accessed from all around the world, you undertake to ensure that
your use of the Proxiesafe Products will comply with all applicable local laws and regulations.
You undertake to comply with all applicable laws, rules and regulations and warrant that you
will not and will not permit any third party to use the service in any manner that may breach
applicable law or infringe third party rights. Without limiting the generality of the above, you
undertake and warrant that you will not and will not allow a third party to (A) reverse
engineer, disassemble, decompile, translate, reconstruct, transform or extract any portion of
the Proxiesafe Products (including without limitation any related malware signatures and malware
detection routines), or (B) change, modify or otherwise alter Proxiesafe Products (including
without limitation any related malware signatures and malware detection routines); (iv) publish,
resell, distribute, broadcast, transmit, communicate, transfer, pledge, rent, share or
sublicense Proxiesafe Products; (v) use Proxiesafe Products to provide or build a product or
service that competes with Proxiesafe Products; (vi) use or attempt to use Proxiesafe Products
to upload, store or transmit any data, information or materials that: infringe the intellectual
property or other rights of third parties; contain any unlawful, harmful, threatening, abusive,
defamatory or otherwise objectionable material of any kind; or otherwise in any way damage,
disable or impair the operation of Proxiesafe Products; (viii) gain or attempt to gain
unauthorized access to Proxiesafe Products or to networks connected to it, or to content stored
or delivered through it, by any means, including by hacking, spoofing or seeking to circumvent
or defeat any firewalls or other technological or other protections or security measures.
We
reserve the right to take appropriate measures when Proxiesafe Products are being used contrary
to these Terms and applicable laws, including cooperating with public or private authorities as
provided by law.
Furthermore, Proxiesafe reserves the right, in case of breach of this
Agreement, to, inter alia, restrict or suspend, in whole or in part, the access to Proxiesafe
Products without awarding a refund for Services already paid for, as well as to initiate legal
actions.
Rightholders, who draw the conclusions that, by means of the contents downloaded via
Proxiesafe Products, their legal interest, for e.g. the intellectual property, is violated, can
contact our Support so that we can prevent the further access to such content.
8. Disclaimer
Proxiesafe provides no warranty of the service or the software. Proxiesafe is not liable for
damages which may occur following the exposure of the identity or the IP address of the user or
the breakdown of individual servers. Moreover, Proxiesafe provides no warranty for the
availability of certain servers within the Proxiesafe network and for the performance
thereof.
Except as otherwise specifically provided herein, Proxiesafe products is provided
“as is” and Proxiesafe makes no express or implied warranties or conditions and, to the maximum
extent permitted by law, disclaim any and all conditions and warranties implied by statute,
common law, jurisprudence or other theories of law, including but not limited to implied
warranties or conditions of non- infringement of third party rights, merchantability, suitable
quality or fitness for any particular purpose. Proxiesafe does not warrant that the operation of
Proxiesafe products will be uninterrupted or error free, that it will work properly on any given
device or with any particular configuration of hardware and/or software, or that it will provide
complete protection for the integrity of selected data, information or content stored or
transmitted via the internet.
9. Indemnification
You agree to indemnify and hold Proxiesafe and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any alleged claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your access to or use of the Proxiesafe Products. The user is solely responsible for his or her actions when using the Proxiesafe Products.
10. Subscriptions
Proxiesafe Products are available to you upon selection of your subscription and registration. A full list of subscription plans and pricing is available on the Site. Proxiesafe reserves the right to amend subscription fees or institute new fees at any time upon reasonable advance notice posted on the Site or sent via email. Any changes to the pricing shall not affect your existing subscription and will become effective upon subscription renewal. Subscription purchases and refunds are handled via multiple third-party payment companies.
11. Payment, Cancellation and Refunds
To help provide a safe experience, we only allow payment methods that offer strong protection for customers:
- Credit Cards
You can terminate a subscription at any time by following the process below:
How can I cancel my subscription
In case you
terminate your subscription within the below specified timeframe (depending on the type of your
subscription) and contact support (support@proxiesafe.com) to request a refund, we
shall refund the full amount paid in accordance with our money-back warranty: Refund
Policy 10 Days Money-Back Guarantee.
In case you terminate your subscription at
any time after the expiration of the respective 10 Days Money-Back Guarantee
period, you will not receive any refund but will retain access for the purchased period (e.g. if
you purchase a yearly subscription and you decide to cancel your subscription after 3 months,
you will receive no refund, but you will have access and be able to enjoy the services until the
expiration of your yearly subscription and at the expiration of the subscription it will not be
renewed).
If the agreement as a whole is terminated, you will not be able to access your user
account and there will be no valid license for the use of Proxiesafe Products Apps and
Proxiesafe Products Client-Software.
Upon termination of this Agreement, all licenses granted
herein will be terminated and you will no longer have access to Proxiesafe Products.
12. Amendments
Proxiesafe reviews this use agreement from time to time and the updated version is always published on our website. You understand and agree that it is your obligation to review these Terms from time to time in order to stay informed on current rules and obligations. Notification on material changes to the Terms will be provided through an update to the Site or other prominent manner. Your use of the Content or Services following the changes to these Terms constitutes your acceptance of the changed Terms.
13. Applicable law
The applicable law is Vietnamese law. In case of disputes arising from the terms of this Agreement, the Parties hereby irrevocably submit to the exclusive jurisdiction of Khanh Hoa, Vietnam.
14. Final Provisions
If any provision in the Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of the Agreement shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of the Agreement shall not constitute a waiver of such right or provision, or be deemed to be a waiver of any subsequent breach or default.