These Terms of Service ("Terms") constitute a contractual agreement between you and Proxy Rotator, and remains the sole contract which governs your usage of and access to the services and websites (altogether referred to as the "Services").
This agreement takes effect as soon as you click an "I Accept" button or whenever you access or use the System (the "Effective Date"). By accepting these Terms, or by accessing or using the Services, You agree to be bound by these Terms.
Disclaimer: Proxy Rotator services are provided as is, without warranty of any kind. Use of the services is entirely at your own risk. Proxy Rotator does not take responsibility for any direct or indirect damages resulting from your use and/or misuse of the services.
Illegal activity of any kind is not permitted over the proxy network. Check your local laws to determine your restrictions of the proxy network. You are solely responsible for all activity sent over the proxy network. Proxy Rotator is neither responsible for your activity nor does it endorse any suggested uses of the proxy network. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST PROXY ROTATOR RELATED TO USER ACTIVITY THAT YOU PERFORMED, THEN, TO THE EXTENT PERMISSIBLE UNDER LAW, YOU WILL INDEMNIFY AND HOLD PROXY ROTATOR HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
The services allow indirect browsing of external, third-party websites. Proxy Rotator is not responsible for the content on any external websites that may be accessible through the services. A website viewed through our services is in no way owned by or associated with Proxy Rotator.
The term "indirect browsing" refers to the server which you connect to. During "direct" browsing, you connect to the server which provides the resource you are requesting. During "indirect" browsing, you connect to our server and our server downloads the requested resource through a proxy and forwards it to you.
Any resource (such as web pages, images, files) downloaded through our service may be modified. This may include, but is not limited to, editing URLs so that any resources referenced by the target resource are also downloaded indirectly. The accuracy and reliability of this process is not guaranteed. The resource which you receive may not be an accurate representation of the resource requested.
A side-effect of indirect browsing may be anonymity. By connecting to our server instead of the target server, the target server does not see your IP address. However, we do not guarantee our service will be truly anonymous. The downloaded resource may reference other resources such as flash cookies, etc which your browser may automatically download. The service attempts to reroute all such requests through our server but may not be entirely successful. A single direct request will compromise your anonymity.
This service may download a resource over a secure connection but this may be sent back to you over an insecure connection. Do not enter confidential information unless you are on a secure connection to our server.
Account Limit: You are permitted 1 account only. If you are found to have multiple active account's, they will all be terminated without refund at Proxy Rotator's sole discretion.
Payments and Subscriptions: You provide a valid payment method in order to use or access the Services, at the consideration mentioned on the your dashboard. Prices exclude any withholding or other taxes, and each customer shall be responsible to pay all applicable taxes, duties, or levies. The Subscription Plan selected determines the prices, features, and options of the Proxy Rotator Services to you. We offer no warranty that a specific Subscription Plan will be available indefinitely, as well as retain the right to modify the prices for or the features and options in a specific Subscription Plan with no prior notice to you.
Cancellations & Refunds: Proxy Rotator does not issue refunds in any way under any circumstance, all sales are final. You can cancel your current subscription by clicking the Cancel Subscription button at any time on the Purchase page of the control panel to prevent rebilling. It is your responsibility to cancel your subscription using the above method prior to 3 days of your billing cycle date. If you fail to cancel at least 3 days in advance of the billing cycle, you may be charged again by our automated subscription service.
Payment Chargebacks and Billing Disputes: Raising a billing dispute with our payment processors or charging back a payment made to Proxy Rotator will place your account in bad standing. Proxy Rotator reserves the right to immediately terminate all services without refund in such instances.
Other Disputes: Any threat of legal action against Proxy Rotator by you or otherwise negative intentions to cause harm to Proxy Rotator will result in immediate account and service termination without refund.
Fair Share Usage: You agree not to use excessive resources by means of oversending requests in excess of what your subscription allows. If you are found to be excessively using the services you will receive an abuse report which must be resolved within 24 hours or nullroutes go in to effect. Extremely excessive usage may result in an immediate nullroute and/or account terminated without refund or credit.
Bandwidth Limitations: While Proxy Rotator does not enforce a hard coded bandwidth limit, bandwidth is indeed monitored daily. If you are found to be consuming bandwidth at a significantly higher rate on average than other customers with the same plan you will be asked via abuse report to reduce your usage or upgrade to a larger subscription plan which is better suited to fit the current usage. Extremely excessive bandwidth usage will skip past the abuse report generation and go immediately to nullrouted until the issue is resolved on your end. Failure to resolve the issue in 24 hours may result in account termination without refund at Proxy Rotator's sole discretion.
Copyright and Other Propriety Right Infringement: You agree not to infringe on copyrighted, patented, other intellectual property rights, and proprietary material of third parties, under all relevant laws, foreign or domestic or local including, without limitation, the Copyright Act, as amended, and the Digital Millennium Copyright Act. You have no right to sell or distribute any information contained on this website including any proxies from our services.
Spamming: You agree not to engage in any spamming activities, including, without limitation, the sending, re-sending, transmitting, or the like, of bulk materials by means of Proxy Rotator Services, whether directly or indirectly. Such sending, re-sending, transmitting or the like is prohibited by any means of Proxy Rotator Services, including, without limitation, through email, blog comment, social network message, and forum spam.
Illegal Activities: You agree not to engage in illegal activities. This includes, but is not limited to: death threats, terroristic threats, threats of harm to any individual or organization, multi-level marketing schemes, "Ponzi schemes", invasion of privacy, credit card fraud, racketeering, identity theft, defamation, slander, and other illegal activities.
Child Pornography: You agree not to, without limitation, view, promote, or engage in any activity relating to child pornography, and violation of laws relating thereto, which includes without limitation, Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act, the Child Online Protection Act, Communications Decency Act of 1996, and Children's Internet Protection Act, all as amended.
Threats and Harassment: You agree not to make threats to or harass any individual, organization or business.
Fraudulent Activities: You agree not to engage in fraudulent activities.
Denial of Service: You agree not to engage in the origination of or the control of denial of service attacks, distributed denial of service attacks, or engage in similar activities.
Distribution of Malware: You agree not to engage in activities, without limitation, the distribution, fabrication, or use of malware including, virus software, root kits, password crackers, spyware, adware, key stroke capture programs and other programs normally used in malicious activity.
Hacking: You agree not to engage in gaining or attempting to gain unauthorized access to any network or system, including, without limitation, computer, telephone, telefax, and any other system of data storage.
Phishing: You agree not to engage in any activity associated with phishing or systems designed to collect personal information, including, without limitation, names, account numbers, usernames, passwords, and other identifying information.
Fraudulent Financial Schemes or Ponzi Schemes: You agree not to engage in the promotion, offer, or sale of interests in illegal financial or Ponzi schemes.
Stalking: You agree not to engage in any stalking of any person, organization, or otherwise.
Bullying: You agree not to engage in bullying of any person, organization, or otherwise.
Derogatory or Defamatory Remarks or Conduct: You agree not to engage in any conduct or make remarks which are derogatory, demeaning, malicious, hateful, defamatory, or abusive.
Impersonation: You agree not to impersonate any other person or take on any other persons identity, whether living or deceased, or impersonate an entity or take on the identity of any entity, whether legal or informal.
Bypassing IP bans/blocks: You agree not to use the proxy network in the attempt to bypass any IP bans and/or blocks that may be placed on you specifically or geographically.
Violations Alleged by Third Parties and Determination of such Violations of this TOS or Other Violations: Proxy Rotator accepts reports from third parties of alleged violations of this TOS or concerning other violations. Proxy Rotator will review all third party reports and may take appropriate actions, at is sole discretion, relative to Customer.
GDPR Compliance: Proxy Rotator acts as a data Controller when customers create an account to our products and/or services, and when customers complete payments for Proxy Rotator products and/or services. Personal data, including but not limited to, name, email address, ip address, phone number and billing address. Customers acknowledge that Proxy Rotator shall have a right to use and disclose data relating to and/or obtained in connection with the operation, support and/or use of the Products and/or Services for its legitimate business purposes, such as billing, account management, technical support, product development and sales and marketing. To the extent any such data is considered personal data under Data Protection Laws, Proxy Rotator is the Controller of such data and accordingly processes such data in compliance with Data Protection Laws. Proxy Rotator may process personal data that originates from the EU in the United States. We provide a level of protection of privacy that complies with the EU rules. Upon becoming aware of a Security Incident, Proxy Rotator shall notify Customers without undue delay and shall provide timely information relating to the Security Incident as it becomes known or as is reasonably requested. At customers request, all Personal Data shall be deleted, save that this requirement shall not apply to the extent Proxy Rotator is required by applicable law to retain some or all of the Personal Data, or to Personal Data it has archived on back-up systems, which such Personal Data Proxy Rotator shall securely isolate and protect from any further processing, except to the extent required by applicable law. Customers agree that they shall comply with its obligations as a Controller under Data Protection Laws in respect of its processing of Personal Data and any processing instructions it issues to Proxy Rotator; Customer agrees they have provided notice and obtained (or shall obtain) all consents and rights necessary under Data Protection Laws for Proxy Rotator to send Personal Data over the network and provide the Product and/or Services pursuant to this Agreement.
Violation of Laws: You agree not to engage in any activity which is in violation of civil or criminal law, foreign or domestic, whether national, state or local.
Proxy Rotator may, at its sole discretion, immediately terminate Proxy Rotator services to you, without notice, without reason, and without refund or credit. You acknowledge, understand and agree that Proxy Rotator is not in a position to ascertain whether an alleged violation is real or valid, but must make a decision based on information received from such third parties. You agree that Proxy Rotator decision will be final, determinative, and binding upon you.
You agree to hold Proxy Rotator harmless, for relying on the third party's report and for any action taken in response to such report. You further agree to defend and indemnify Proxy Rotator in the event a claim is brought against Proxy Rotator or an award, judgement or the like is issued against Proxy Rotator resulting from your use of the Services.
Method of Resolution for Alleged Violations under this Terms of Service: Upon discovery by Proxy Rotator of an alleged violation of this Terms of Service, you will be notified and given a designated time in which to respond to the alleged violation. If you fail to respond within the time provided, Proxy Rotator may, at its sole discretion, immediately terminate Proxy Rotator services to you, without notice, without refund or credit.
Security of Customer Information: You understand and agree that Proxy Rotator cannot guarantee, assure, or promise that information or data of yours held by Proxy Rotator, transmitted during use via Proxy Rotator servers (including, without limitation, any and all transmissions to and from your via Proxy Rotator servers) or via your use of Services, will not be compromised by unauthorized access. Without limiting any right of Proxy Rotator under the heading "Indemnity" found in the Terms of Service, you hold Proxy Rotator harmless in the event of any breach of security to your data or information as described in this paragraph.
Proxy Rotator utilizes Fraud Detection and Prevention Services by Fraudgrade. All data is screened for previous fraudulent activity, including but not limited to, Email Address Validation, Phone Number Validation, IP Address Validation and Domain Validation. In the case of a confirmed fraudulent incident, your email address, phone number, ip address, and/or domain may be reported to FraudGrade with evidence. Your use of the Proxy Rotator website and/or services is confirmation of your acceptance that Proxy Rotator may engage FraudGrade as a Sub-Processor to process Personal Data.
Monitoring of your Use of Services: At its sole discretion, Proxy Rotator may monitor your use of Proxy Rotator Services. Such monitoring includes, without limitation, the following: the result of notice by third parties of a possible violation of this TOS; to protect or enforce Proxy Rotator rights under the TOS, this Terms of Service, or the Website Information. "Website Information" means information posted by Proxy Rotator on its website at https://www.proxyrotator.com/.
Disclosure pursuant to Subpoena: Proxy Rotator may be required by law to provide your information pursuant to subpoena issued by a court, governmental entity or otherwise. Information shall be disclosed as directed pursuant to subpoena. Proxy Rotator shall release information described in the subpoena. If permitted by law, Provider will endeavor, but is not obligated, to notify you that it has received a subpoena for records pertaining to you.
Data Collection and Retention: Proxy Rotator collects and maintains an informational log, including, without limitation, information relating to your uses of and websites visited by you via Proxy Rotator Services, and payment by you and related information. Such logs are maintained for approximately 90 days, and longer if necessary, at the sole discretion of Proxy Rotator.
Decline of Acceptance of New Customer or Renewal of Proxy Rotator Services: Proxy Rotator retains the right, at its sole discretion, to decline acceptance of a potential customer, or refuse to supply additional Services to or renew Services with any Customer.
Terms of Service Acceptance: Your use of the Proxy Rotator website and/or services offered confirm you are in full agreement with these Terms of Service.
Changes to TOS: Customer agrees that Proxy Rotator, at its sole discretion, may change these terms without notice and that Customer shall keep itself informed of Provider's TOS for any and all changes by reviewing it regularly on Provider's website at: https://www.proxyrotator.com/terms-of-service/ . Customer's continued use of the Services following such changes constitutes consent to such changes.
Breach: Any breach of this TOS is a breach of the terms between Proxy Rotator and you, and subject to immediate termination, without refund, without notice, at Proxy Rotator sole discretion.
Severability: In the event any term or provision in this Terms of Service is found by a tribunal of competent jurisdiction to be invalid, the remainder of this Terms of Service shall remain in full force and effect.
Gender: The use of the words "it", "its", "he", "his", "she", "hers", "they", "theirs" or similar words, shall include the masculine and the feminine, the singular and the plural.