PLEASE READ THE DOCUMENT BELOW CAREFULLY.
Your use of any of the services offered by ProxiesNow.com, is contingent upon your adherence to the following terms of service, which we refer to as the agreement. ProxiesNow reserves the right to update and refine the Agreement at any time without prior notice. By accessing or using the service, you are indicating that you are aware of the Agreement and consent to abide by it. Failure to comply with the Agreement negates any service commitment on ProxiesNow end and may result in the termination of your membership.
- DESCRIPTION OF SERVICE AND MEMBERSHIP GUIDELINES
ProxiesNow provides its members with the ability to privately retrieve information contained on third party web sites through the World Wide Web, among other benefits. In exchange for this service, ProxiesNow charges its members a monthly fee. Members must be at least 18 years old (or have the explicit permission of a parent/guardian) and competent to enter into a contract to use the Service. Members must also provide current, complete, and accurate personal information when registering with the service and maintain it accordingly.
- MEMBER ACCOUNT, PASSWORD AND SECURITY
To open an account, you must complete the registration process and successfully complete the payment authorization from our offered payment companies. You will be provided a PIN number and the URL link to create an account on the ProxiesNow system. You then will choose a password and unique account id. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur through the use of your account and/or password. You agree to notify ProxiesNow.com immediately of any unauthorized use of your account or any other security breaches.
- MEMBER PRIVACY
It is ProxiesNow’ policy to respect the privacy of its members. ProxiesNow will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless ProxiesNow has reason to believe that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of ProxiesNow; (3) enforce the Agreement; or (4) to protect the interests of its other Members. ProxiesNow may elect to provide certain demographic user information in aggregate form to third parties (that is, it will not identify you personally or compromise your own security). You agree that ProxiesNow may access your account, including its contents, as stated above or in order to respond to service or technical issues.
- MEMBER CONDUCT
As a condition of your use of the Service, you warrant that you will not utilize the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. By accessing any content (including information, data, text, software, music, sound, photographs, graphics, video, or messages) through the ProxiesNow Service, you warrant that: (1) you are the owner of such Content, or have been granted all the rights necessary from the Content owner, and (2) that the use of such Content will not infringe the intellectual property rights, or otherwise violate the rights, of any third party. By submitting Content to ProxiesNow, you automatically grant ProxiesNow (or warrant that the Content owner has granted) a nonexclusive, royalty-free license to use, modify, copy, duplicate, transmit, publicly display, publish, create derivative works of, distribute, or transfer any such Content, for any purpose whatsoever without any compensation to you.
YOU AGREE TO USE THE SERVICE ONLY TO PERFORM WORK ON YOUR OWN BEHALF. ANY UNAUTHORIZED OR COMMERCIAL USE OF THE SERVICE, OR THE RESALE OF ITS SERVICES, IS EXPRESSLY PROHIBITED.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any materials, information, software, products or services obtained from this web site and Service without the express written permission of ProxiesNow.com, . and/or the rightful owner or licensor of such materials, information, software, products or services.
You agree to abide by all applicable local, state, national, and international laws/regulations and are solely responsible for all the acts or omissions that occur through your account or password, including the content of your transmissions through the Service. You may not use the Service in any manner which could damage, disable, overburden, or impair any ProxiesNow Site/Service(s) (or the network(s) connected to any ProxiesNow Site/Service(s)) or interfere with any other party’s use and enjoyment of any ProxiesNow Site/Service(s). You may not attempt to gain unauthorized access to any ProxiesNow Site/Service, other accounts, computer systems or networks connected to any ProxiesNow Site/Service, 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 ProxiesNow Site/Service(s). You are responsible for any content that you post or transmit on or through the Service. By way of example, and not as a limitation, you agree not to:
Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
Defame, abuse, harass, stalk, threaten, or otherwise violate any of the legal rights of others;
Publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material/information;
Advertise or offer to sell or buy any goods or services for any non-personal purpose;
Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service through password mining or any other means;
Violate any applicable laws or regulations including, but not limited to, laws regarding the transmission of technical data or software exported from the United States through the Service;
Interfere with another Member’s use and enjoyment of the Service or another individual’s or entity’s use and enjoyment of similar services;
Violate ProxiesNow’s own copyrights or take any part of the service or its written components and manipulate or copy it for your own use.
ProxiesNow has no obligation to monitor the Service or any user’s use thereof or retain the content of any user session. However, ProxiesNow reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
You will comply with all applicable laws and regulations regarding online conduct and content. You will not use the Service to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications. If you violate any of these terms and conditions, your permission to use the ProxiesNow Site/Service(s) automatically terminates.
- THIRD PARTY CONTENT
Any information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials retrieved from third party web sites is not under the control of ProxiesNow and ProxiesNow is not responsible for the contents accessed from any site or any link contained in a linked site or any link site or any link contained in a linked site, or any changed or updates to such sites. ProxiesNow does not imply endorsement of the content provided by other sites or any association with their operators.
- DISCLAMERS/LIMITATION OF LIABILITY
By using the ProxiesNow.com web site or any applications, software, and content contained therein, you agree that use of the Service is entirely at your own risk. The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically made to the information herein. ProxiesNow and/or its respective suppliers may make improvements and/or changes in the Service at any time.
ProxiesNow does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components. ProxiesNow does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
You specifically agree that ProxiesNow shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that ProxiesNow is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that ProxiesNow is not responsible for any content sent using and/or included in the Service by any third party.
You agree to indemnify and ProxiesNow, its parents, subsidiaries, affiliates, officers and employees immune from any claim, demand, or damage, including reasonable attorneys’ fees, that are asserted by any third party due to or arising out of your use of or conduct on the Service. You agree that we will respond to your complaints only with a refund for the current and remaining months of your Membership agreement.
ProxiesNow may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, to be effective immediately, for any reason whatsoever. ProxiesNow may also terminate your account for inactivity, which is defined as failing to log in to the Service for an extended period of time, as determined by ProxiesNow. Upon termination of the Service, your right to use the Service immediately ceases. If you wish to terminate your account, your only recourse is to discontinue the use of the Service. ProxiesNow shall have no obligation to maintain any content in your account or to forward any unread or unsent workflow notification to you or any third party. This Agreement will continue to apply to all past use of the service by you, even if you are no longer using it.
- NO SPAM; DAMAGES
ProxiesNow will immediately terminate any account which it believes, through its own discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail. In addition, in cases where actual damages cannot be reasonably calculated se they are often difficult to quantify, you agree to pay ProxiesNow liquidated damages of $5 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account; otherwise you agree to pay ProxiesNow’ actual damages, to the extent such actual damages can be reasonably calculated.
- PROPRIETARY RIGHTS TO CONTENT
You acknowledge that Content including, but not limited to, text, software, music, sound, photographs, video, graphics, or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by ProxiesNow, or ProxiesNow’ Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way Content available through the Service and its associated Web sites, including code and software.
- SERVICE CANCELLATION
You agree that you must either cancel a service from the members area at anytime or request cancellation in writing before 2 days of your payment renewal date for your service. If your request for a cancellation is within 2 days of your payment renewal date and/or payment is made, no refund requests will be authorized. No refunds will be authorized after the payment renewal date. In such cases we will issue account credit at our discretion.
- MODIFICATIONS TO TERMS OF SERVICE
ProxiesNow reserves the right to change the Agreement or policies regarding the use of the Service at any time. You agree that notification will consist of posting an updated version of the Agreement on this Web site. You are responsible for regularly reviewing the Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
The Service is currently accessible to Members for a monthly fee; however, ProxiesNow reserves the right to modify the pricing structure in the future. ProxiesNow will notify you of any fees associated with any portion of the Service, and will require you to subscribe to any such portion of the Service prior to charging you any fees.
This agreement is governed by the laws of the State of Oregon, without giving effect to its conflicts of laws provisions. Both parties submit to the personal jurisdiction of Washington and further agree that any cause of action relating to this Agreement shall be brought in Portland, Oregon.
You and ProxiesNow agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ProxiesNow as a result of this agreement or use of the Service. ProxiesNow’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ProxiesNow’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by ProxiesNow with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including , but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. You agree that ProxiesNow may communicate with you, or with others on your behalf, via email, any similar technology, or regular mail for the purposes relating to your user account, the Service, any software provided with the Service or any other services provided now or in the future by ProxiesNow or on ProxiesNow behalf. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and ProxiesNow with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ProxiesNow with respect to the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.