Proxydom Terms of Use
1. THIS IS AN AGREEMENT BETWEEN YOU AND PROXYDOM
This is an agreement ("Agreement") between you and ProxyDom, Inc. (or, if
applicable based on where you live, one of its affiliates) ("ProxyDom"). This
Agreement governs your use of any Web site or Web page operated by ProxyDom (each,
an "ProxyDom Web Site," and collectively, the "ProxyDom Web Sites"). You
represent that you are at least 18 years of age and have attained the age of
majority in the province, state or country in which you reside, and any
information that you submit is correct. PROXYDOM OFFERS THE PROXYDOM WEB SITES
TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT.
YOUR USE OF THE PROXYDOM WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS
AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See
Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE
PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.
2. HOW PROXYDOM MAY MODIFY THIS AGREEMENT
ProxyDom reserves the right to change the terms, conditions, and notices under
which it offers the ProxyDom Web Sites, including any charges associated with
the use of the ProxyDom Web Sites. You are responsible for regularly reviewing
these terms, conditions and notices, and any additional terms posted on any
ProxyDom Web Site. Your continued use of the ProxyDom Web Sites after the
effective date of such changes constitutes your acceptance of and agreement to
such changes.
3. ADDITIONAL TERMS
Any ProxyDom Web Site may itself contain additional terms (for example, codes
of conduct or guidelines) that further govern use of that ProxyDom Web Site,
including without limitation, particular features or offers (for example,
sweepstakes). If any terms contained in this Agreement conflict with any terms
contained within an ProxyDom Web Site, then the terms in this Agreement shall
control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE PROXYDOM WEB SITES
The ProxyDom Web Sites are only for your personal use. You will not use the
ProxyDom Web Sites for commercial purposes; including but not limited to,
sending commercial email solicitation or advertisements. You will not use the
ProxyDom Web Sites in any way that is unlawful, criminal, or harms ProxyDom,
its affiliates, resellers, distributors, service providers and/or suppliers (each,
an "ProxyDom Party" and collectively, the "ProxyDom Parties") or any customer
of an ProxyDom Party, as determined in ProxyDom's sole discretion or any other
person. You will not use the ProxyDom services to harass or threaten any other
party. You will not use the ProxyDom Services to crash, slow, or intentionally
harm any computer system. You may not use the ProxyDom Web Sites in any way
that breaches any code of conduct, policy or other notice applicable to the
ProxyDom Web Sites. You will not use the ProxyDom Services to obtain
unauthorized access to any computer system. Without limiting the generality of
this section, you may not use the ProxyDom Web Sites in any manner that could
damage, disable, overburden, or impair any computer system or ProxyDom Web Site
(or the network(s) connected to any ProxyDom Web Site) or interfere with any
other party's use and enjoyment of the ProxyDom Web Sites.
5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use the ProxyDom Web
Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or
unsolicited commercial e-mail. You will not use the ProxyDom Web Sites in any
way that violates the ProxyDom Anti-Spam Policy. You may view our Anti-Spam
Policy outlined in our User Agreement - Personal, Non-Commercial Use. A breach
of any part of the Anti-Spam Policy is a breach of this Agreement. ProxyDom may
use filtering technology or other measures in its efforts to stop unsolicited
bulk e-mail and unsolicited commercial e-mail, and if your use of the ProxyDom
Web Sites includes e-mail related services, then such filtering technology or
other measures may block, either temporarily or permanently, some e-mail sent to
you through the ProxyDom Web Sites even if such e-mail does not violate the
Anti-Spam Policy.
6. COMMUNICATIONS MONITORING
To the maximum extent permitted by applicable law, ProxyDom may monitor your
use of the ProxyDom service, e-mail, or other electronic communications and may
disclose such information in the event it has a good faith reason to believe it
is necessary for purposes of ensuring your compliance with this Agreement, and
protecting the rights, property, and interests of the ProxyDom Parties or any
customer of a ProxyDom Party.
7. SOFTWARE
Your use of any software or services associated with the ProxyDom Web Sites
will be governed by the terms and conditions of the end user license agreement
("EULA") accompanying such software. If you receive any software that is not
accompanied by a EULA, then ProxyDom grants to you a non-exclusive, revocable,
personal, non-transferable license to use such software solely in connection
with the ProxyDom Web Sites and in accordance with this Agreement. ProxyDom
reserves all rights to such software not expressly granted to you in this
Agreement. Such software is protected by copyright and other intellectual
property laws and treaties. ProxyDom or its suppliers own the title, copyright,
and other intellectual property rights in such software, and such software is
licensed, not sold. You will not disassemble, decompile, or reverse engineer,
such software, except and only to the extent that such activity is expressly
permitted by applicable law. ProxyDom may automatically check your version of
such software and provide occasional in-product messages to notify you of the
new software updates, upcoming service expirations, or newly emerging security
threats.
8. AUTOMATED AND HIGH SPEED REQUESTS
You will not access the ProxyDom Web Sites using any automated system or using
repeated high speed requests.
9. PROXYDOM MAKES NO WARRANTY
PROXYDOM PROVIDES THE PROXYDOM WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS
AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE,
ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, THE PROXYDOM PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS,
EXPRESS OR IMPLIED. THE PROXYDOM PARTIES DISCLAIM ANY AND ALL WARRANTIES OR
CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1)
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS
AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF
DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR
USE OF THE PROXYDOM WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO
WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY PROXYDOM PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING
WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE
DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE
OF THE PROXYDOM WEB SITES, EVEN IF SUCH PROXYDOM PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS
INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS
OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS
AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH
OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF
ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY
APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE PROXYDOM WEB SITES, YOU DO NOT
AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM
WITH OR AGAINST ANY PROXYDOM PARTY WITH RESPECT TO THIS AGREEMENT OR THE
PROXYDOM WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
THE PROXYDOM WEB SITES.
11. CHANGES TO THE PROXYDOM WEB SITES; ADDITIONAL LIABILITY LIMITATION
THE PROXYDOM PARTIES MAY CHANGE THE PROXYDOM WEB SITES OR DELETE FEATURES IN
ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the ProxyDom Web Sites, you
should expect to receive, access or use information, materials, graphics,
software, data and content (collectively, "Content") originated by ProxyDom and
persons other than ProxyDom (any such person is referred to as a "Third Party").
WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE
THAT THE PROXYDOM PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT,
INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT,
THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY
THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE
GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT PROXYDOM IS NOT
RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT
AFFECT YOUR ACCESS TO OR USE OF THE PROXYDOM WEB SITES, (2) ANY INCOMPATIBILITY
BETWEEN THE PROXYDOM WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND
HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING,
CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH
THE PROXYDOM WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR
COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY
SERVICES AVAILABLE FROM PROXYDOM OR THIRD PARTIES THOUGH LINKS CONTAINED ON THE
PROXYDOM WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9,
10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE
LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED
TO YOU UNDER APPLICABLE LAW.
12. TERMINATION; ACCESS RESTRICTION
ProxyDom may terminate this Agreement, or terminate or suspend your access to
the ProxyDom Web Sites at any time, with or without cause, with or without
notice. Upon such termination or suspension, your right to use the ProxyDom Web
Sites will immediately cease.
13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with ProxyDom, claims for enforcement, breach or violation
of duties or rights under this Agreement will be adjudicated under the laws of
the State of California, without reference to conflict of laws principles. If
this Agreement is with an ProxyDom affiliate, claims for enforcement, breach or
violation of duties or rights under this Agreement will be adjudicated under the
laws of the place of incorporation for such ProxyDom affiliate, without
reference to conflict of laws principles. All other claims, including, without
limitation, claims under or for violation of consumer protection laws, unfair
competition laws, and in tort, will be adjudicated under the laws of your state
of residence in the United States, or, if you reside outside the United States,
under the laws of the country to which the subject ProxyDom Web Sites are
directed. If this Agreement is with ProxyDom, you hereby irrevocably consent to
the exclusive jurisdiction and venue of state or federal courts in San Diego
County, California, USA in all disputes arising out of or relating to the use of
the ProxyDom Web Sites. If this Agreement is with a ProxyDom affiliate, you
hereby consent to the exclusive jurisdiction and venue of the courts located in
the place of incorporation for such ProxyDom affiliate in all disputes arising
out of or relating to the use of the ProxyDom Web Sites.
14. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law, 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 this Agreement will
continue in effect. ProxyDom may assign this Agreement, in whole or in part, at
any time with or without notice to you. You may not assign this Agreement, or
assign, transfer or sublicense your rights, if any, in the PROXYDOM Web Sites.
Except as expressly stated herein, this Agreement constitutes the entire
agreement between you and ProxyDom with respect to the ProxyDom Web Sites and
it supersedes all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and ProxyDom with respect to the
ProxyDom Web Sites. The section titles in the Agreement are solely used for the
convenience of the parties and have no legal or contractual significance.
15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND PROXYDOM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO
THE PROXYDOM WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the ProxyDom Web Sites are Copyright © 2005 ProxyDom, Inc. and/or
its suppliers. All rights reserved. ProxyDom and/or other ProxyDom products
and services referenced herein may also be either trademarks or registered
trademarks of ProxyDom in the United States and/or other countries. The names
of actual companies and products mentioned herein may be the trademarks of their
respective owners. The example companies, organizations, products, domain names,
e-mail addresses, logos, people, places and events depicted herein are
fictitious. No association with any real company, organization, product, domain
name, e-mail address, logo, person, places or events is intended or should be
inferred. Any rights not expressly granted herein are reserved.
17. OTHER NOTICES
EXPORT CONTROLS
The ProxyDom products and services may be subject to United States export
controls. Access to ProxyDom services is prohibited from any country to which
the United States has embargoed goods ( Syria, Sudan, North Korea, Afghanistan,
Cuba, Iran, Iraq, and Libya) and from any organization named on the United
State's Commerce Department's "Denied Parties List." In using the ProxyDom
services, you are tacitly consenting to abide by all applicable US export laws
and regulations. You are also confirming that you are not under the control of
or residing in any country named under US export law. For more complete
information on export laws, please refer to the US Commerce Department Bureau of
Export Administration at (202) 482-2440, or (202) 482-4811.
DISALLOWED USES OF PROXYDOM SERVICES
By using the ProxyDom Services, you agree to be bound, without any limitation
or qualification, by the following Policies. * You agree not to use the Services
to carry out unlawful activities. * You agree not to use a robot, such as ReGet,
GetRight, Go!Zilla, or any similar programs, to download content continuously in
an unattended or attended basis. * ProxyDom is not responsible in anyway for
any damages or losses, either directly or indirectly, arising from your use of
the Service, or by your inability to use the Service. * If you post messages
through the Service, or send email through the Service, you agree not to send
anything that is unlawful. You agree that you will not use the Service to: o
harass, threaten, or abuse others. o invade the privacy of others. o infringe
the copyright and/or intellectual properties of others. o impersonate another
person or entity. o SPAM the Internet. o do anything illegal. * The Services are
provided "as is". There is no warranty, expresses or implied, of any kind.
ProxyDom does not warrant that the contents retrieved through the Service are
error free. * You agree not to use the Service to post or email messages of a
spamming nature or in violation of the ProxyDom Anti-Spam Policy. ProxyDom
reserves the right to take whatever actions ProxyDom deems appropriate to
enforce ProxyDom’s policies including, but not limited to Terms of Use and
Notices. ProxyDom also reserves the right to change ProxyDom policies without
prior notice at any time. The actions ProxyDom takes may include suspension or
termination of the Service for the customer. ProxyDom does not issue credits
for accounts cancelled due to policy violations. ProxyDom reserves the right to
refuse service to anyone at anytime for any reason.