Welcome to ProxyFish! These Terms of Service (these “Terms”) of ProxyFish Software, Company (“ProxyFish,” “our,” “we,” or “us”) describe your rights and responsibilities when accessing and using our platform and any and all related software, services and documentation provided by ProxyFish (collectively, the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by these Terms, whether or not you are a registered user of our Service. ProxyFish reserves the right to modify these Terms and will provide notice of these changes as described below (section 13.2.). These Terms apply to all visitors, users, and others who access or use the Service (“Users”).
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION PROVISION IN SECTION 12.2 (THE “ARBITRATION AGREEMENT”) AND CLASS ACTION/JURY TRIAL WAIVER PROVISION IN SECTION 12.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN SECTION 12.2, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS AGAINST PROXYFISH, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTION OR PROCEEDING AGAINST PROXYFISH.
These Terms constitute a legally binding contract between you and ProxyFish. You must read and agree to these Terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with ProxyFish, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you agree to these Terms on behalf of a company, organization, or other entity, then “you” includes you and that entity and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Any use of or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by ProxyFish.
These Terms constitute a legally binding contract between you and ProxyFish. You must read and agree to these Terms before using the Service. If you do not agree, you may not use the Service. You may use the Service only if you can form a binding contract with ProxyFish, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you agree to these Terms on behalf of a company, organization, or other entity, then “you” includes you and that entity and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. Any use of or access to the Service by anyone under 18 is strictly prohibited and in violation of these Terms. The Service is not available to any Users previously removed from the Service by ProxyFish.
Your account on the Service (your “User Account”) gives you access to the Service and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of User Accounts for different types of Users. By connecting to the Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s User Account without permission. When creating your User Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your User Account, and you must keep your User Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify ProxyFish immediately of any breach of security or unauthorized use of your User Account. ProxyFish will not be liable for any losses caused by any unauthorized use of your User Account.
You may control your User profile and how you interact with the Service by changing the settings in your settings page. By providing ProxyFish your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out; opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium; (ii) transmitting spam, chain letters, or other unsolicited email; (iii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (iv) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our or any target website’s infrastructure; (v) uploading invalid data, viruses, worms, or other software agents through the Service; (vi) collecting or harvesting any personally identifiable information, including account names, from the Service; (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (viii) interfering with the proper working of the Service; (ix) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; (x) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein; (xiii) reselling or otherwise redistributing the Service (unless explicitly agreed otherwise with ProxyFish); (xiv) using the Service to attempt security breaches (e.g. accessing any server, network, host or account which you are not authorized to access); (xv) using the Service to attempt any disruptions of internet communications (e.g. denial of service attack); (xvi) using the Service for the purposes of ticket buying bots, ad frauds or to collect data that is not publicly available or otherwise protected due to its sensitivity; or (xvii) using the Service for any purpose in breach of any applicable law, regulation, Terms of Service/Terms of Use or third party rights. You agree to provide complete ID verification if ProxyFish suspects any of the above prohibited activities are conducted by your account. Failure to complete ID verification will result in account suspension.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
A subscription allows you to access the Services. A subscription may be procured through the Services interface, or in some cases, via an order form entered into between Users and us (each an “Order Form”). Subscriptions commence when we make them available to Customer and continue for the term specified in the Services or in the Order Form, as applicable (the “Subscription Period”).
You are solely responsible for your interactions with other Users. ProxyFish shall have no liability for your interactions with other Users, or for any User’s action or inaction.
Our proxy experts are always available to help you find the right solution.