Terms of Service

These Terms of Service alongside with Service Level Agreement, and Privacy Policy (if applicable) regulate the access to and the use of the website https://proxywow.com/, which is owned and operated by ProxyWow Inc., and/or any affiliated subdomains and/or websites which include these Terms of Service (the "Website"), as well as the services rendered by ProxyWow including but not limited to by means of the Website (the "Services" or the "System").

By using this Website and the System, accessing the Services, purchasing the Services and/or any other products by means of the System and/or the Services You give Your express consent to be bound by the terms and conditions stated herein. If You do not agree with these Terms of Service, You must immediately cease using the Website and/or the Services.

These Terms of Service constitute a legally binding agreement between You, as the user of the Services, and ProxyWow (to be also hereinafter referred to as "We", "Our", "Ours" or "Us") as the provider of the Services. In the event there is a conflict between these Terms of Service and an agreement made between You and Us in writing, the provisions of such an agreement shall prevail.

Registration and User Account
1. To access the System and to be provided with the Services, it will be necessary for You to register an account, which may necessitate the provision of specific registration details or additional information.
2. Your use of the Website is contingent upon the accuracy, truthfulness, and completeness of all information submitted to Us by means of the Website. By providing any information for registration or other purposes on the Website, You represent and warrant that such information is subject to Our [Privacy Policy], and You consent to our actions pertaining to Your information in accordance with Our [Privacy Policy].
3. You represent that Your account is personal to You and agree not to provide any other person or entity with Your user credentials, which make it possible for any third party to access to Your account. You shall promptly inform Us of any unauthorized use of Your login information or any other security breach. You assume full liability for Your own and third-party activities occurring under Your account.
4. In the event that You create an account on behalf of an entity, these Terms shall apply to both You and the respective entity.
5. We reserve the right to disable any username, password, or other identifier, whether chosen by You or assigned by Us, at any time, at Our sole discretion, for any reason or no reason, including if We believe You have violated any provision of these Terms of Service.
Acceptable Use
1. By signing up with the Website and starting using the Services, You expressly agree:
  1. to abstain from using the System or any of the Services in violation of:
    - any applicable law or regulation; or
    - any rights any third party may have (including intellectual property rights, rights to personal data etc.).
  2. to abstain from using the System or any of the Services to perform any governmental, municipal and/or any other similar functions and duties;
  3. to abstain from using the System to:
    - distribute and/or make in any other way available cracking, warez, ROM, viruses, adware, worms, trojan horses, malware, spyware or any other similar malicious activities and products or any other computer code, files or programs designed to interrupt, hijack, destroy, limit or adversely affect the functionality of any computer software, hardware, network or telecommunications equipment;
    - distribute and/or make in any other way available illegal, harmful or offensive content;
    - violate any person’s privacy, safety and/or mental and/or physical health;
    - cause any network resource to be unavailable to its intended users, including, without limitation, via "Denial-of-Service (DoS)" or "Distributed Denial-of-Service (DDoS)" attack;
    - distribute any unlawful content or encourage any unlawful activity;
    - cause any damage or service disruption to any third party computers or service;
    - gain unauthorized access to any computer and/or website;
    - to circumvent and/or provide assistance to any third party to circumvent any restrictive measures (including sanctions, export controls etc.) imposed by any government and/or international organization in respect of any country, organization (including a commercial entity), individual and/or group of individuals.
2. We have the right, but not the obligation, to monitor how You use the System for billing purposes and to establish the facts of any use of the System and/or the Services violating these Terms of Service.
3. We may share any information relating to You with any authority in case of a complaint or a lawsuit, if We determine that it is necessary to comply with law, regulation, subpoena or court order.
4. We may in Our sole discretion and at any time suspend or block Your access to the System, if We detect:
  1. that Your use of the Services and/or registration with the Website:
    - violates any of your covenants indicated in clause 2.1 above and/or violates any applicable laws and/or third-parties rights in any other way;
    - poses any security risks to Us, the System or any third party;
    - may adversely impact the System or any other Our customer, including by way of causing a user to be blocked from certain websites, networks or services;
    - may subject Us, Our affiliates, or any third party to liability, or is in breach under any applicable laws or regulation;
    - may be fraudulent; or
    - may disparage or devalue Our reputation or goodwill;
  2. that You are in breach of this Terms of Service, including if You are delinquent on payment obligations.
  3. You fail to comply to provide true and accurate information requested by Us during the registration process or subject to Our periodical KYC requests.
Fees and Payment
1. Your access to the Services is conditioned upon Your payment to Us of all applicable fees for your subscription[, which amounts are indicated on Pricing page of the Website] (the "Subscription"). Subject to other provisions of these Terms of Service, Your Subscription will auto-renew unless and until You terminate it. You may cancel it at any time.
2. When You sign up with the Website and purchase the Services, You must choose a Subscription and provide information about the payment method You prefer.
3. You shall pay for the Services subject to terms defined by the Subscription plan You have chosen. Unless otherwise stated, all fees due for the Services are payable on the first day of use of the Services.
4. You shall be invoiced automatically via the chosen payment method, based on the Subscription cost and any additional traffic incurred beyond the Subscription limit during the applicable billing month. Unless otherwise specified, the Services shall automatically renew on a monthly basis, with the upcoming month's fee billed in advance on the anniversary date of Your initial Subscription each month, continuing until you decide to terminate Your access to the Services.
5. All purchases of Services are deemed final and non-refundable (event if You decide to cancel or terminate them before the last date of Your Subscription), except at Our sole discretion and in compliance with the regulations governing the Services.
6. To the maximum extent permitted by applicable laws, we reserve Our right to modify the prices for our Services. We will provide You with reasonable notice of any such price alterations by displaying the updated pricing on or via the Website (including Your dashboard) and/or sending an email notification to You. Should you be unwilling to accept the revised prices, You may opt to cancel the Service before the implementation of the price adjustment.
7. All prices are exclusive of any withholding or other applicable taxes, and You shall bear the responsibility for the payment of all such taxes, levies, charges, or duties, including but not limited to sales or usage taxes, imposed by any federal, state, or local governmental authority on the Services provided by Us pursuant to these Terms of Service or any other documents, excluding taxes based on Our net income, gross revenue, or employment obligations. In the event We are legally required to collect and remit any taxes associated with the Services, We may deduct the corresponding amount from Your account.
Intellectual Property Rights
1. You acknowledge that all the rights in and to the Website, the System, the Services and any content displayed thereon (including but not limited to all information, software, databases, video, audio, interface, graphics, trademarks, logos, designs, text, compilations and all other elements of the Website, the System or the Services) (the "ProxyWow IP") are owned by Us or licensed to Us and are protected by intellectual property and other laws protecting proprietary rights.
2. Except as expressly stated herein, these Terms of Service do not grant You any right to, or in, ProxyWow IP or any other rights or licenses in respect of the Website, the System and/or the Services.
3. In the event that You print, copy, modify, download, or otherwise utilize or grant access to any portion of the Website in violation of these Terms, Your right to use the Website shall cease immediately, and You shall, at our discretion, either return or destroy any copies of the materials you have created.
License
1. We provide You with the revocable, non-exclusive, non-transferrable limited license to use the Services within the Subscription Period (the "License"). You are not allowed to use the License for any purposes other than being provided with the Services. We reserve all rights not expressly granted to You under these Terms of Service. The License shall be automatically revoked in the event you violate any of these Terms.
2. The License strictly prohibits You, and You agree and covenant with Us to abstain from any of the following activities:
  - make copies of the ProxyWow IP and/or any part thereof;
  - decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover, by any means whatsoever, any source code or underlying ideas or algorithms of the Services, any other ProxyWow IP, any its underlying components;
  - permit the whole or any part of the ProxyWow IP to be merged, combined with, or otherwise incorporated into any other product;
  - remove any Our product identification symbols, trademarks, logos, copyright, patent or other Our proprietary notices, legends, symbols, or labels;
  - sublicense the ProxyWow IP to any third parties and/or to grant access to the ProxyWow IP to any third party and/or for the benefit of any third party in any way;
  - encumber the ProxyWow IP in any way;
  - access to or make use in any other way of any computer and/or information, which is not intended for Your use and/or is stored by means of the Website and/or the System.
Third Party Content
1. You may have the opportunity to access certain third-party links, applications, content, services, or activities (the "Third-Party Content") through Our Services. You are not obliged to utilize any Third-Party Content. Any access and the usage of such Third-Party Content is entirely at your discretion and risk, and we bear no corresponding liability if You decide to use it. Furthermore, we assume no responsibility for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements presented in or by any Third-Party Content. Consequently, We shall not be held liable for any damages or losses, whether actual or alleged, resulting from or in connection with the use of or reliance on any such Third-Party Content.
Modification of the Website and the System
1. We reserve the right to modify, alter, or change the design of, functionality of, or information presented on the Website and/or the System at Our own discretion and without providing any prior notification to You.
2. We also retain the privilege to alter or amend any of the provisions outlined in these Terms and Conditions, or any policy regulating the utilization of the Services, at any time by publishing the revised provisions on the Website. Such changes shall take immediate effect upon posting. The most recent version of these Terms of Service shall be accessible on this page. By accessing or using the Services, You understand and consent to comply with the existing Terms of Service that are effective at the time of Your usage or access.
Modification of these Terms
1. We reserve the right to amend these Terms of Service. We will notify You of any such changes to Our legal documents, including these Terms of Service, Service Level Agreement, Privacy Policy and/or any other legal or informational documents pertaining to the Website, Services, or any other interactions between You and Us, via email or through notifications on the Website. The updates become legally binding upon the posting of the revised Terms of Service on the Website. Your continued use of the Services following any update or revision signifies your acceptance of and compliance with the updated or revised Terms of Service.
2. You are not permitted to modify these Terms of Service or any other legal documents on this Website. Any aforementioned modification, alteration, or change of any kind without Our express written consent shall be considered null and void.
Termination
1. We reserve the right, at Our sole discretion and without liability to You or any other individuals or entities associated with or related to You, to restrict, suspend, or revoke Your access to the System in the event of a breach of these Terms of Service or any other agreement between You and Us.
Representations and Warranties
1. You (as well as the entity You are representing) hereby represent and warrant to Us that:
  1. The entity You are representing is validly incorporated, organized and existing in accordance with the laws of the place of its incorporation and existence, and You are a duly authorized representative of this legal entity;
  2. You are of legal age in accordance with the laws, to which you are subject (but in any event older than 18 y. o.)
  3. You have full capacity and authority to enter into and to perform under these Terms of Service (including on behalf of the entity You are representing);
  4. There are no actions, suits or proceedings or regulatory investigations before any court or administrative body or arbitration tribunal pending or, to Your knowledge, threatened against You and/or entity on whose behalf You are acting that might affect the Your and/or such entity’s ability to perform its obligations under these Terms of Service.
2. The representations and warranties set out above shall be deemed to be repeated by You and/or the entity You are representing on each date of payment for the Services by reference to the facts then existing.
Warranty, Disclaimer and Limitation of Liability
1. OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF SERVICE OR LEGAL DOCUMENTS AT THIS WEBSITE, NEITHER WE NOR OUR LICENSEES, VENDORS, AGENTS, AFFILIATES MAKE ANY SPECIFIC PROMISES, WARRANTIES OR REPRESENTATIONS ABOUT THE WEBSITE. THE WEBSITE AND THE SERVICES ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS.
2. PROXYWOW DOES NOT MAKE ANY STATEMENTS OR GIVE ANY WARRANTIES ABOUT THE RESULTS OBTAINED BY USING THE WEBSITE AND THE SERVICES, THE SPECIFIC FUNCTIONS OF THE WEBSITE OR IT’S RELIABILITY, AVAILABILITY, ACCURACY OR ABILITY TO MEET YOUR NEEDS. WE DO NOT WARRANT THAT ACCESS TO THE WEBSITE AND THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICES WILL BE CORRECTED. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL SUCH WARRANTIES.
3. PROXYWOW PROVIDES ACCESS TO THE SYSTEM ON “AS IS” BASIS AND IT EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED TO THE CONDITION, VALUE OR QUALITY OF THE SYSTEM, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY, ABSENCE OF VIRUSES OR ANY DEFECT THEREIN, WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. PROXYWOW FURTHER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT THE USE OF THE SYSTEM WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION CONTAINED THEREIN WILL BE ACCURATE OR COMPLETE.
4. PROXYWOW AND OUR LICENSEES, VENDORS, AGENTS, AFFILIATES WILL NOT BE RESPONSIBLE FOR ANY YOUR OR ANY THIRD PRTY’S (1) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (2) LOSS OF PROFITS, (3) LOSS OF DATA OR INFORMATION, (4) PROPERTY DAMAGE, OR (5) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE.
5. UNDER NO CIRCUMSTANCES SHALL WE AND OUR LICENSEES, VENDORS, AGENTS, AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
6. NOTWITHSTANDING ANYTHING SET FORTH IN THESE TERMS OF SERVICE TO THE CONTRARY, OUR CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (1) THE MONTHLY FEE PAID BY YOU FOR OUR SERVICES OR (2) THE MINIMUM MONTHLY FEE SPECIFIED ON THE “PRICING” PAGE OF OUR WEBSITE.
Indemnification
1. You agree to indemnify, hold harmless, and defend Us, Our directors, shareholders, employees, agents, or affiliates (the "Indemnified Parties") at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties arising out of or relating to (i) Your breach of any term or condition of these Terms, (ii) Your use of the Services or your purchase, access to, or use of any proxies, data, products, or services sold through the Services, (iii) Your unauthorized use of the Services, or (iv) Your violation of any applicable law due to the use of the Services.
Miscellaneous
1. If any provision of these Terms of Service is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded.
2. These Terms will be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to the principles of conflicts of law. Each party agrees to submit to the exclusive and personal jurisdiction of the state and federal courts located in Norfolk County, Massachusetts.
3. The failure of a party to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and to construe such provision to the maximum extent permitted by law so as to render that provision valid and enforceable, and the other provisions of the Terms of Service remain in full force and effect.
4. Purchasing products or services from Us does not result in any legal partnership between You and Us.
5. Subject to other provisions hereof, these Terms of Service and our Privacy Policy constitute the entire agreement between you and Us with respect to the Services and supersedes all other agreements, whether written and oral, between You and Us.

Contact us
Questions regarded to legal and copyright issues are to be sent to support@proxywow.com