Public offer (agreement)
1. GENERAL INFORMATION
Please read carefully our PUBLIC OFFER for further successful cooperation with us. By using the Services of the https://proxy-seller.com, you automatically confirm your informed consent to this PUBLIC OFFER.
1.1 Read this PUBLIC OFFER of PROXY-SELLER (hereinafter referred to as the “Agreement”) carefully, since this Agreement applies to PROXY-SELLER’s Services available on the website located at the https://proxy-seller.com (hereinafter referred to as the “Website”).
1.2 By accessing and/or using the Services, you agree to this Agreement, as well as our Return Policy, and conclude a legally binding agreement with SSV IT PROVIDER ONLINE SERVICES LTD (hereinafter referred to as “PROXY-SELLER”), regardless of whether you register your Personal Account or not.
1.3 You may be referred to as “you” or the “Customer” in this Agreement.
1.4 You have the right to visit the Website and/or use PROXY-SELLER’s Services only if you fully agree with this Agreement. If you use PROXY-SELLER’s Services, this means that you confirm your informed consent to this Agreement, any other appendices to this Agreement related to the use of any PROXY-SELLER’s Services, as well as any other documents referred to in this Agreement, including Return Policy.
1.5 If you do not carefully read, do not fully understand, or do not agree with this Agreement or other appendices to this Agreement, you must immediately leave the Website and stop using PROXY-SELLER’s Services.
1.6 By accepting this Agreement, you agree with its terms, as well as the terms of any other documents referred to herein. You accept this Agreement when (1) you check the box indicating acceptance of the Agreement at the moment of the creation of your Personal Account, or (2) you complete and confirm the Order Form that refers to this Agreement.
1.7 Access to Services is prohibited for such purposes: monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
1.8 PROXY-SELLER’s direct competitors are prohibited from accessing the Services, except with PROXY-SELLER’s prior written consent.
1.9 This Agreement becomes effective between the Customer and PROXY-SELLER as of the date of the Customer’s acceptance of this Agreement.
2. DEFINITIONS
Review the terms we use in order to fully understand the text and meaning of this Agreement.
2.1 “Customer” - 1) an individual who has reached the age of 18 and accepts this Agreement on their own behalf, or 2) a legal entity represented by an individual who accepts this Agreement on behalf of such a legal entity, that has placed and paid for an order intending to use the Services.
2.2 “Form “Order Form” (hereinafter - Order Form) - an online form that allows the Customer to make an order for PROXY-SELLER’s Services on the Website and which specifies the country of proxy servers, the purpose of their use, the version of Internet protocol, number of proxy servers, rental period, as well as the method of authorization and form of payment.
2.3 “Personal Account” - the Customer’s account on the Website through which the Customer can use the Services. Personal Account allows the Customer to track the expiration date of use of the Services, to renew them, to place an order for new Services.
2.4 “Personal Balance” - the Customer’s Balance in his Personal Account which the Customer may refill in advance and use for the payments for the Services. In case the Customer participates in PROXY-SELLER Affiliate Program, all referral fees shall be also accumulated in his Personal Balance.
2.5 “PROXY-SELLER” - SSV IT PROVIDER ONLINE SERVICES LTD with a registered address at Agias Faneromenis, 143-145 PATSIAS COURT, Flat/Office 201, Larnaca, Cyprus, 6031.
2.6 “PROXY-SELLER’s Services” or Services - provision of the sole access to the Services, which become available to the Customer in the Personal Account within 24 (twenty-four) hours from the moment of the Ordering and paying for the Services.
2.7 “Ordering” - online order, which is carried out by filling out the “Order Form” on the Website to place an order for PROXY-SELLER’s Services, and by subsequent payment for the order.
2.8 “User” - 1) in case of an individual accepting this Agreement on their own behalf, such an individual, or 2) in case of an individual accepting this Agreement on behalf of a company or other legal entity, an individual who is authorized by such a legal entity (by Customer) to use purchased Services, and to whom the Customer has supplied a user identification and password. Users may include, for example, the Customer, employees, consultants, contractors, and agents of the Customer, as well as third parties with whom the Customer runs a business.
3. THE SUBJECT OF THE AGREEMENT
This Agreement governs the PROXY-SELLER’s Services provision to the Customer.
3.1 PROXY-SELLER provides the Customer with the Services in the amount and for the period specified in the applicable Order Form, and the Customer is obliged to pay for these Services and use them in accordance with this Agreement and the Terms of Use of PROXY-SELLER’s Services.
4. PROVISION OF PROXY-SELLER’S SERVICES
We do our best to make it convenient for you to use our Services, therefore, we can change, update and set restrictions on the use of our Services, carry out preventive maintenance and gain access to your Personal Account without your consent.
We endeavor to provide Customers with 24/7 access to the Website under normal circumstances, but we shall not be liable if, for any reason, the Services are unavailable at any time or for any period. Access to the Services may be temporarily terminated without notice due to system failure, maintenance, repair, or for reasons beyond our control.
4.1 PROXY-SELLER makes the Services available to the Customer pursuant to this Agreement, namely, provides the Customer with access to the Personal Account: transfers a unique login and password that allows to get sole access to the Services of the list of proxy servers that the Customer has access to.
4.2 In order to facilitate the use of the Services by the Customer, PROXY-SELLER may provide the necessary consultations on connecting to the Services and setting up the software via e-mail, telephone or PROXY-SELLER’s support chat.
4.3 PROXY-SELLER uses commercially reasonable efforts to make the purchased Services available 24 hours a day, 7 days a week, except for:
4.3.1. planned maintenance;
4.3.2. any unavailability caused by circumstances beyond PROXY-SELLER’s reasonable control, including, for example, natural disasters, an act of government, flood, fire, earthquake, civil unrest, an act of terrorism, strike or other labour problem, inability to provide the Service due to the fault of third parties (for example, Internet service provider failure or delay or denial of service).
4.4 PROXY-SELLER provides the Services in accordance with laws and governmental regulations applicable to PROXY-SELLER’s provision of its Services to its Customers generally (i.e., without regard for Customer’s particular use of the Services), and subject to Customer’s use of the Services in accordance with this Agreement and the applicable Order Form(s).
4.5 PROXY-SELLER does not control the activities of the Customer related to its use of the Services, or any other matters related to any services that the Customer provides or receives.
4.6 PROXY-SELLER may collect statistical data, including the number of orders and other data related to the general activity of the Customer.
4.7 PROXY-SELLER creates the Customer’s Personal Account while Ordering. PROXY-SELLER may create and delete such a Personal Account in case of violation of the terms of this Agreement by the Customer and/or at the Customer’s request.
4.8 PROXY-SELLER may change, modify and update the Website without the notification and consent of the Customer.
4.9 PROXY-SELLER has the right to set restrictions on the use of the Services based on the type of proxy servers.
The Fair Usage Policy (FUP) applies only to ISP and IPv4 proxies. It is a set of rules that help PROXY-SELLER keep the network stable and fast for all Customers, and where a Customer's traffic usage becomes excessive enough to disrupt the Services or affect other Customers, PROXY-SELLER reserves the right to adjust usage parameters without prior notice in order to maintain compliance with it. Most Customers are never affected by this: limits are only triggered by abnormally high load on an individual IP.
The FUP is intended to ensure stable infrastructure operation and to prevent actions that could harm the Services or affect their quality for other Customers. To achieve this, PROXY-SELLER limits the number of concurrent connections (threads).
Threads are counted per IP separately (per-IP): exceeding the limit on one address affects only that address, while the Customer's other IPs keep working without any changes.
By default, 100 threads per IP are available. A 429 error means that the allowed limit of concurrent connections to the IP address has been exceeded.
4.10 PROXY-SELLER may send messages, requests, advertising, informational or other notices to Customers, including notices about the expiration of the use of PROXY-SELLER’s Services.
4.11 In order to ensure the security of the Website and the use of the Services by Customers, as well as to improve the quality of the provision of such Services, PROXY-SELLER may carry out preventive maintenance, which may entail the suspension of the Website.
4.12 PROXY-SELLER may return the Customer access to its Personal Account in case of hacking, loss, or change of login.
4.13 The Customer acknowledges and agrees that, despite the measures taken by PROXY-SELLER, the Website may be compromised, including by hackers, Internet viruses, malware, system and software viruses, etc. Under such circumstances, PROXY-SELLER may take corrective actions it deems necessary at its sole discretion, and the Customer acknowledges and agrees that PROXY-SELLER shall not be liable to the Customer for any damage that it may suffer due to such corrective actions or compromises.
4.14 PROXY-SELLER may assign its rights and/or obligations under this Agreement and/or transfer ownership of the Website to third parties without the consent of the Customer.
4.15 PROXY-SELLER may, at its sole discretion, require Customers to demand an explanation of the purpose of using a PROXY-SELLER and undergo additional KYC (Know Your Customer) procedures through third-party resources such as, but not limited to, Sumsub. If you do not wish or fail to undergo the above procedures, we reserve the right to refuse your access to the Services.
4.16 PROXY-SELLER has the right to refuse or cancel access to the Services, at its sole discretion.
4.17 PROXY-SELLER can provide the Customer with the Services only of the proxy type and quantity that PROXY-SELLER has available at the moment of the Ordering. If PROXY-SELLER does not have the Services of quantity that were ordered and paid by the Customer, PROXY-SELLER reserves the right to offer, and the Customer is obliged to make one of the following decisions (at their own discretion):
4.17.1. PROXY-SELLER may order proxy servers necessary for the provision of the Service and make them available to the Customer within the period mutually agreed by the parties;
4.17.2. PROXY-SELLER may change the country of proxy servers completely or in that part that is not available;
4.17.3. PROXY-SELLER can refund the money fully or partly (for that part of the proxy servers that is not available).
5. USE OF PROXY-SELLER’S SERVICES
Please do not take actions that may negatively affect the Website and disrupt our operation.
5.1 After the Ordering, the Customer can use PROXY-SELLER’s Services, namely:
5.1.1. obtain sole access and use the Services of the list of proxy servers to which the Customer has access for the period specified in the Order Form.
5.2 The Customer is obliged:
5.2.1. to be responsible for Users’ compliance with this Agreement and terms of Order Forms;
5.2.2. to comply with all applicable laws and any other contractual terms governing the use of PROXY-SELLER’s Services (and/or any related activities or transactions), including specific legal rules applicable to the Customer;
5.2.3. not to take actions that may be considered as a violation of applicable law or international law, as well as any actions that lead or may lead to a disruption of the proper functioning of the Website;
5.2.4. to be personally liable for the use of the Services;
5.2.5. to be responsible for the accuracy, quality and legality of the Customer’s personal data provided by Users;
5.2.6. to make payments in a timely manner and in accordance with the terms of this Agreement and the applicable Order Form;
5.2.7. to use commercially reasonable efforts to prevent unauthorized access to or use of the Services by third parties and notify PROXY-SELLER promptly of any such unauthorized access or use;
5.2.8. to use the Services only in accordance with this Agreement, Order Forms and applicable laws and governmental regulations;
5.2.9. not to take actions that could harm PROXY-SELLER or other Customers, namely:
(1) modify, create derivative products, adapt, process, imitate, transfer to other resources, translate, compile, decompile, disassemble the Website (or any part thereof), any content offered by PROXY-SELLER;
(2) use robots, web spiders or other automated devices, applications, scripts, algorithms, methodologies or similar processes to access, purchase, modify PROXY-SELLER or in any way reproduce or circumvent PROXY-SELLER’s navigation structure to obtain or attempt to obtain any materials, documents, services or information in ways not permitted to the Customer for general access;
(3) impersonate any other person or entity;
(4) use PROXY-SELLER and/or the Website to distribute spam, junk mail, fraudulent messages, phishing, chain letters, pyramid schemes, or otherwise engage in unethical marketing or promotional activities;
(5) upload to the Website system and software viruses, actual or potentially harmful spyware or hacking programs, destructive or aggressive codes or components, other computer codes, files or applications designed to, or which otherwise could, intercept or destroy or limit the functionality of any computer software, hardware, system or telecommunications equipment, as well as use PROXY-SELLER to design, distribute and/or otherwise transmit or reproduce any of the foregoing;
(6) access PROXY-SELLER, accounts of other Customers using any means or technologies (for example, web scraping and automatic collection of information), except through the public interface of PROXY-SELLER in a lawful way;
(7) use PROXY-SELLER for benchmarking or similar competitive analysis purposes, or to create a competitive website.
Any person who is not a Customer under this Agreement, and who uses the Services and/or the Website, undertakes to follow the procedure for use of PROXY-SELLER’s Services to the same extent as the Customer.
5.3 Any use of the Services in breach of the foregoing by the Customer or Users that in PROXY-SELLER’s judgment threatens the security, integrity, or availability of PROXY-SELLER’s Services, may result in PROXY-SELLER’s immediate suspension of the Services, however, PROXY-SELLER will use commercially reasonable efforts under the circumstances to provide the Customer with notice and an opportunity to remedy such breach or threat prior to any such suspension, unless the actions of the Customer led to the need for immediate action on the part of PROXY-SELLER.
5.4 Usage Restrictions. The Customer shall not:
5.4.1. make any Service available to anyone other than Users, or use any Service for the benefit of anyone other than the Customer, unless expressly stated otherwise in the Order Form or specifically agreed between the Customer and PROXY-SELLER;
5.4.2. sell, resell, license, sublicense, distribute, make available, rent or lease any Service, without PROXY-SELLER’s prior written consent;
5.4.3. use the Services to store or transmit material that infringes a copyright and/or other intellectual property rights, defamatory or otherwise illegal or harmful material, or to store or transmit material that violates the privacy rights of third parties;
5.4.4. use the Services to store or transmit malicious code;
5.4.5. interfere with or disrupt the integrity or operation of the Services or third-party data contained therein, take action to expose the vulnerability of the Website or aimed at hacking the Website;
5.4.6. attempt to gain unauthorized access to any Service or its related systems or networks;
5.4.7. permit direct or indirect access to or use of any Services in a way that circumvents contractual usage restrictions, or use any Services to access or use any of PROXY-SELLER’s intellectual property except as permitted under this Agreement, the Order Form;
5.4.8. modify, copy, or create derivative works based on the Service and/or the Website or any part, feature, function or user interface thereof, without PROXY-SELLER’s prior written consent;
5.4.9. frame or mirror any part of the Website and/or any Service, other than framing on the Customer’s own intranets or otherwise for its own internal business purposes, without PROXY-SELLER’s prior written consent;
5.4.10. disassemble, remodel, or decompile the Service or access it to:
(1) build a competitive product or service;
(2) build a product or service using similar ideas, features, functions, or graphics of the Service and/or the Website;
(3) copy any ideas, features, functions, or graphics of the Service and/or the Website; or
(4) determine whether the Services are within the scope of any patent;
5.4.11. register fictitious Personal Accounts to receive payments under the referral program;
5.4.12 use the Services to:
(1)download materials via torrent clients (uTorrent, BitLord, etc.);
(2)distribute intellectual property of others without the knowledge of the copyright holder (video and audio files, software, games, etc.);
(3)review, download or distribute pornographic content;
(4)create phishing sites;
(5)launch or participate in Distributed Denial of Service (DDoS) attacks, conduct brute-force attacks, perform port scanning, or engage in any other actions aimed at disrupting the integrity, availability, or performance of any network, system, or service;
(6)create artificial user activity on the Website by creating multiple User accounts, using bots, automatic devices, applications, scripts, algorithms, methodologies or similar processes;
(7)commit any fraudulent, unethical actions related to manipulation of advertising companies, unfair and fraud use of advertising networks, including, but not limited to: advertising fraud; abusive use of the advertising networks; fraud related to clicks` falsification, artificial click manipulation, creation of multiple simultaneous clicks; and/or commit other similar fraudulent actions related to clicks on the Website and advertising that violate or can violate the terms of this Agreement and may harm PROXY-SELLER, the Website, other Users, as well as any individual not associated with PROXY-SELLER and/or the Website.
(8)commit Internet fraud and other illegal activities.
5.4.13. use the mobile proxy Services to access, interact with, or otherwise utilize Vinted, including all of its mirrors, subdomains, or functionally equivalent resources.
5.4.14. The Customer is prohibited from running Google Ads campaigns using Proxy-Seller brand keywords that direct traffic to any referral link or affiliate tracking URL.
6. REGISTRATION, SECURITY, AND ACCESS TO THE PERSONAL ACCOUNT
You are solely responsible for your Personal Account. Make sure that the information about you is correct and you keep your Personal Account safe.
We reserve the right to suspend or terminate the Customer’s Personal Account. Please write to support@proxy-seller.com
