Terms of UseThis is an agreement between you and PD-Proxy, Inc. for virtual private network communications services, Authentication/Wi-Fi Security services, and related services and features ("the Service"). The Agreement that governs your Use of the Service include these PD-Proxy Terms and Conditions ("T's&C's"), any PD-Proxy Service Agreement you have agreed to, and the specific Rate Plan or Service Plan Information that applies to your account. THESE T'S&C'S SUPERSEDE ALL EARLIER VERSIONS. Your activation and use of the Service represents your agreement to be bound by these T's&C's and a representation that the registration information provided is accurate, complete, and up-to-date. Usage Policies Account Holder agrees to comply with all applicable laws and regulations in connection with their use of this service. Account Holder further agrees that they or anyone using their account will not engage in any of the following activities: - Sending, posting or transmitting unsolicited advertisements or content ("spam") over the Service, whether via e-mail, forums, blogs, usenet, or any other communication channel. - Sending or transmitting any illegal content over the Service, whether via e-mail, Usenet, or any other communication channel including without limitation child pornography. - Uploading, downloading, posting, reproducing, or distribution of any content protected by copyright, or other proprietary right, without first having obtained permission of the copyright owner. - We strictly do not allow any kind of torrent activities in our network. Any user who will be detected downloading copyrighted materials using our servers thru torrent will have his account terminated immediately. - Engaging in any conduct that restricts or inhibits any other Account Holder from using or enjoying the service. - Attempting to access, probe, or connect to computing devices without proper authorization. - Posting to or transmitting through the Service any unlawful, harmful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that may constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law. - Using the Service for anything other than lawful purposes. - Any abuse of our staff in any medium or format will result in the suspension or termination of your services. Violations of this Usage Policy will result in termination of your Account, without any refund of amounts previously paid for this service. Additionally, Account Holder will be held responsible for any and all damages incurred by PD-Proxy including any amounts charged by any outside entity due to said violation(s) including without limitation attorney fees and costs. NOTICE: Violation of any of this section will result in a fee of at least $50.00 and you may face suspension, termination, and other applicable charges. WE DO NOT REFUND CLIENTS WHO BREAK OUR USAGE POLICIES OR TERMS OF SERVICE. Interaction with customer service The PD-Proxy customer service team takes great lengths to provide polite, prompt and excellent customer service at all times. For the safety and protection of our staff and their families we have a zero tolerance policy in regards to abuse of our staff. You may not threaten, abuse, shout at, swear at, insult, or otherwise disrespect our staff during any form of business communication including, but not limited to in person, telephone, live chat, fax. postal mail, Email, forum post, blog post, instant messenger, or ticket response. Violations of this aspect of the Terms of Service is subject to account termination without warning. If such a termination takes place no refund will be given. Refund and Disputes You should thouroghly test our service using our free trial accounts before signing up for our premium services to make sure that our service meets your expectations. If you want a refund please email [email protected]. We will return your payment in full within 7 days if you have not transferred at least 50MB of data. We will no longer refund your payment if you have transferred more than 50MB of data(in + out). If an Account Holder is terminated for violation of the terms of these T's&C's there will not be any refund of any remaining account balance. Once an order is successfully submitted, the client is subject to PD-Proxy's refund policy. If you dispute a charge to your credit card issuer or PayPal account without contacting us first that, in PD-Proxy, LLC' sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay PD-Proxy, LLC an "Administrative Fee" of not less than $50 and not more than $150. Content Disclaimer: Cautions and Restrictions We do not control, nor are we responsible for any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. We may, but do not have any obligation to block information, transmissions or access to certain information, services, products or domains to protect the Service, our network, the public or our users. We are not a publisher of third-party content accessed through the Service and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service. You are responsible for paying all fees and charges of any third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access web sites, services or content, or purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies, or their or your compliance with them. If you elect to download into your computer or otherwise enable any software, including any "client" designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service. Service Availability Actual service coverage, speeds, locations and quality may vary. PD-Proxy will attempt to make the Service available at all times except for limited periods for maintenance and repair. However, the Service may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks. We may impose usage or Service limits, suspend Service, or block certain kinds of usage in our sole discretion to protect users or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. We are not responsible for any disruption to your service caused by using PD-Proxy for purposes other than its main function, which is to secure your internet connection. Account Policies Account Holder is responsible for maintaining the confidentiality of his/her security credentials, and/or passwords (if any) and is liable for any harm resulting from disclosing or allowing disclosure of any password or sharing of security credentials. In the event of a breach of security, Account Holder will remain liable for any unauthorized use of the Service until Account Holder notifies PD-Proxy. Concurrent or simultaneous logins, unless part of a PD-Proxy promotional offer, from the same account are prohibited. PD-Proxy Rights PD-Proxy does not and will not actively monitor user sessions for inappropriate behavior, nor do we maintain direct logs of any customer's Internet activities. However, PD-Proxy reserves the right to investigate matters we consider to be illegal or violations of these T's&C's. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to e-mails) that we consider to be actual or potential violations of the restrictions set forth in these T&C's, and any other activities that may subject PD-Proxy, or its customers, to liability. PD-Proxy disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your computing device. PD-Proxy will never intentionally disclose any private electronic communication or personal customer information unless required to by law enforcement personnel that have produced the proper legal compliance paperwork. PD-Proxy reserves the right to terminate an account immediately for violating any part of this agreement. Limitation of Liability and Disclaimer of Warranty ACCOUNT HOLDER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT ACCOUNT HOLDER'S SOLE RISK. NEITHER PD-PROXY , ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE. NEITHER PD-PROXY NOR ANY OF ITS INDEPENDENT NETWORK SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED.THE SERVICE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF PD-PROXY , OR ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD- PARTY INFORMATION PROVIDERS, MERCHANTS OR LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE DOLLAR AMOUNT PAID BY ACCOUNT HOLDER TO PD-PROXY IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. |
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