Terms of Service

IMPORTANT - READ THESE TERMS OF SERVICE AGREEMENT (“AGREEMENT”) CAREFULLY BEFORE CONTINUING. BY CLICKING THE “I AGREE” BUTTON OR OTHERWISE ACCEPTING THIS AGREEMENT, YOU AGREE TO FOLLOW AND BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. ALL TERMS USED IN THIS PARAGRAPH HAVE THE MEANING SET FORTH IN THIS AGREEMENT. YOUR USE OF THE SERVICE IS SUBJECT TO THIS AGREEMENT. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, YOU MUST NOT USE THE SERVICE.

[1.1] By using the Services, you affirm that you are at least 18 years old and legally capable of entering into binding contracts. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

[2.1] Proxy Rotator reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. It is your responsibility to review these Terms periodically for any updates. Your continued use of the Services following the posting of any changes constitutes your acceptance of such changes.

[3.1] The Services are provided "as is" and "as available," without any warranties of any kind, either express or implied. To the fullest extent permissible under applicable law, Proxy Rotator disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Your use of the Services is at your own risk. Proxy Rotator does not assume any responsibility for any direct or indirect damages resulting from your use or misuse of the Services.

[4.1] You agree not to use the Services for any illegal activity or any activity that violates local, state, national, or international law. This includes, but is not limited to, the following prohibited activities:

[a] Illegal Activities: Engaging in illegal activities, including but not limited to death threats, terrorist 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.

[b] Spamming: Engaging in any spamming activities, including, without limitation, the sending, resending, transmitting, or the like of bulk materials by means of Proxy Rotator Services.

[c] Threats and Harassment: Making threats or harassing any individual, organization, or business.

[d] Fraudulent Activities: Engaging in fraudulent activities.

[e] Denial of Service: Engaging in the origination or control of denial of service attacks, distributed denial of service attacks, or similar activities.

[f] Distribution of Malware: Engaging in activities involving the distribution, fabrication, or use of malware.

[g] Hacking: Engaging in unauthorized access to any network or system.

[h] Phishing: Engaging in any activity associated with phishing or systems designed to collect personal information.

[i] Fraudulent Financial Schemes: Engaging in the promotion, offer, or sale of interests in illegal financial or Ponzi schemes.

[j] Stalking: Engaging in any stalking of any person, organization, or otherwise.

[k] Bullying: Engaging in bullying of any person, organization, or otherwise.

[l] Child Pornography: Viewing, promoting, or engaging in any activity related to child pornography, in violation of applicable laws.

[m] Derogatory or Defamatory Remarks: Engaging in any conduct or making remarks that are derogatory, demeaning, malicious, hateful, defamatory, or abusive.

[n] Impersonation: Impersonating any other person or entity, whether living or deceased.

[o] Bypassing IP Bans/Blocks: Using the proxy network in an attempt to bypass any IP bans or blocks that may be placed on you specifically or geographically.

[5.1] You agree to indemnify and hold Proxy Rotator harmless from any claims, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or related to your use of the Services, including but not limited to illegal activity, misuse of the Services, or any breach of these Terms.

[6.1] The Services may enable indirect browsing of external, third-party websites. Proxy Rotator is not responsible for the content of any external websites accessible through the Services. The term "indirect browsing" refers to the process wherein you connect to our server, which then connects to the target server to retrieve the requested resource.

[7.1] Any resource (such as web pages, images, files) downloaded through our service is forwarded unmodified. Proxy Rotator's proxy network ensures that the request is sent to the destination and the response is returned without any alterations. However, Proxy Rotator does not guarantee the accuracy or reliability of the content of the resources you interact with.

[8.1] While the Services may provide a degree of anonymity by masking your IP address, Proxy Rotator does not guarantee complete anonymity. The Services may reroute requests through our server, but some requests might still expose your IP address or other identifying information. Moreover, resources downloaded over a secure connection may be returned to you over an insecure connection. You should not enter confidential information unless you are connected securely to our server.

[9.1] You are permitted to maintain only one account. If Proxy Rotator determines that you have multiple active accounts, all accounts may be terminated without refund at Proxy Rotator's sole discretion.

[10.1] Fees: You must provide a valid payment method to use or access the Services. All prices are listed on your dashboard and exclude any withholding or other taxes. You are responsible for paying all applicable taxes, duties, or levies. The Subscription Plan you select determines the prices, features, and options available to you. Proxy Rotator does not guarantee that a specific Subscription Plan will be available indefinitely and retains the right to modify prices, features, and options of any Subscription Plan without prior notice.

[10.2] Cancellations and Refunds: All sales are final, and Proxy Rotator does not issue refunds under any circumstances. You can cancel your subscription at any time by clicking the "Cancel Subscription" button on the Purchase page of the control panel. To avoid rebilling, you must cancel your subscription at least three days before your billing cycle date. If you fail to cancel in advance, you may be charged again by our automated subscription service.

[10.3] Payment Chargebacks and Billing Disputes: Initiating 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.

[10.4] Other Disputes: Any threat of legal action against Proxy Rotator or any negative intention to cause harm to Proxy Rotator will result in immediate account and service termination without refund.

[11.1] You must adhere to the resource limits specified by the subscription plan you have subscribed to. Excessive usage beyond the subscribed limits is strictly prohibited. In the event of excessive usage, users will receive an abuse report with a request to resolve the issue within 24 hours. Failure to comply and continued excessive usage will result in the null-routing of the offending IPs and suspension of service access until the issue is resolved. In cases of extreme excessive usage, Proxy Rotator reserves the right to bypass the warning phase and proceed directly to null-routing or account termination withour refund at its sole discretion.

[12.1] Copyright Infringement: You agree not to infringe on copyrighted, patented, or other intellectual property rights and proprietary materials of third parties under all relevant laws, including the Copyright Act 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.

[13.1] 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 their 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.

[14.1] You agree not to engage in any activity that is in violation of civil or criminal law, whether national, state, or local.

[15.1] Proxy Rotator reserves the right to terminate your access to the Services at any time, with or without cause, with or without notice, effective immediately. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

[16.1] These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Proxy Rotator is headquartered, without regard to its conflict of law principles. Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The place of arbitration shall be Ohio, USA, and the language of the arbitration shall be English.

[17.1] Proxy Rotator shall not be liable for any failure to perform its obligations under these Terms if such failure results from circumstances beyond Proxy Rotator’s reasonable control, including but not limited to acts of God, war, terrorism, natural disasters, fire, flood, pandemics, or governmental action.

[18.1] If a provision of these terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

[19.1] Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Proxy Rotator regarding the use of the Services and supersede all prior agreements and understandings, whether written or oral, relating to such subject matter.

[19.2] Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

[19.3] Waiver: No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Proxy Rotator’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

[19.4] Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without Proxy Rotator’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Proxy Rotator may assign or transfer these Terms, at its sole discretion, without restriction.

[20.1] We may update our Terms from time to time. You are advised to review these Terms of Service periodically for any changes. Changes to the Terms are effective when they are posted on this page.

[21.1] If you have any questions regarding these Terms of Service, the practices of this site, or your interactions with this site, please contact us at support@proxyrotator.com