Light Proxies TERMS OF USE
Updated: October 31, 2016
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE ACCESSING ANY PART OF THE WEBSITE OR THE SERVICES.
Thank you for accessing our website located at Lightproxies.com (the “Website”) and using our products and services (together, the “Services”). The Services are provided by Light Proxies, LLC and its affiliates (“Light Proxies,” “us,” or “we”).
I. OVERVIEW
Agreement. By using the Services, you are agreeing to these Terms of Use (the “Terms”), our Acceptable Use Policy, and our Privacy Policy. Please read them carefully. If you do not agree to these Terms of Use, our Acceptable Use Policy, or our Privacy Policy, you may not use the Services.
Description of Services. Light Proxies provides users with access to a collection of resources, including various communication tools and proxy access through any various medium or device now known or hereafter developed, including but not limited to the World Wide Web, and/or other Internet or telecommunications services or protocols. You also understand and agree that the Service may include certain communications from Light Proxies, such as service announcements, administrative messages, and that these communications are considered part of Light Proxies membership and you will not be able to opt out of receiving them.
II. THE SERVICES
Registration and Account. In order to utilize the Services, you may be required to register and create an account. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your username and password. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
License. In order to use some of the Services’ features, you may require the use of certain intellectual property developed by Light Proxies, potentially including but not limited to software, computer code, certain business methods and practices, and other types of intellectual property (cumulatively, the “Light Proxies IP”). Subject to, and in accordance with, these Terms, Light Proxies grants to you, and you accept from Light Proxies, a limited, revocable, non-exclusive, and non-transferable license to use the Light Proxies IP and the Services. Light Proxies reserves all rights not expressly granted to you hereunder. This license is automatically revoked if you violate any of these Terms or if your use of the Light Proxies IP and the Services is not in accordance with the Light Proxies Acceptable Use Policy. The grant of this license is not, and shall not be construed as, a grant of any right to you to use, receive or view, copies of source code, schematics, master copies, design materials or other information used by You in utilization of the Services.
Prohibitions. You must not do, or permit others to do, any of the following:(a) attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print any source code or object code or other runtime objects or files distributed with the Services; (b) otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Services; (c) rent, lease, distribute (or redistribute), provide or otherwise make available the Services, in any form, to any third party (including in any service bureau or similar environment); (d) use the Services to process the data of third parties; or (e) use, install, or make available the Application, in whole or in part, through a wide area network including but not limited to World Wide Web sites, intranets, or Application Service Providers (ASP). In addition, you will not violate or attempt to violate the security of Light Proxies’s networks or servers, including (x) access data not intended for you or log into a server or account which you are not authorized to access; (y) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written request and authorization; or (z) attempt to interfere with service to any user, host or network, including by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing
Payment. Your access to the services is conditioned upon your payment to Light Proxies of all applicable fees for your subscription. If you fail to make any of the required payments to Light Proxies, your access to the Services will be automatically revoked with no notice to you. You agree to pay the applicable fees for the Service and to reimburse Light Proxies for all collection costs and interest at the maximum rate allowable by law. Unless otherwise stated, all fees are stated in U.S. Dollars. Prices are subject to change.
Maintenance or Support. Light Proxies is not under any obligation to provide maintenance or support for the Services. Light Proxies may provide maintenance or support for the Services in Light Proxies’s sole discretion.
Age. You must be 18 years or older to use the Services.
Refusal of Service. Light Proxies reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party’s intellectual property rights, abuse other Website users, misuse the Website or its Services, or otherwise engage in inappropriate conduct, as determined by Light Proxies in its sole discretion.
Refund Policy. Light Proxies does not guarantee refunds for lack of usage or dissatisfaction with the Services.
III. MODIFICATIONS
Light Proxies reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Website. The most current version of these Terms will be located on this page. You understand and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by updating the “Updated” date indicated at the top of this page with the date that revisions to these Terms were last made. We will not notify you of any such changes by email or other personal contact. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms.
You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
IV. PROPRIETARY RIGHTS
The Services are owned by Light Proxies, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Light Proxies and all related names, logos, product and service names, designs and slogans are trademarks of Light Proxies or its affiliates or licensors. You may not use such marks without Light Proxies’s prior written permission. All other names, logos, product and service names, designs and slogans included in the Services are the trademarks of their respective owners.
V. DIGITAL MILLENNIUM COPYRIGHT ACT
Light Proxies respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Light Proxies’s designated copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be forwarded to Light Proxies’s designated agent as follows:
Kevin P. Tracy
500 Energy Plaza
409 South 17th Street
Omaha, NE 68102-2663
After receiving a valid DMCA notification of claimed infringement, we will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material.
VI. THIRD-PARTY SERVICES
The Services may use or provide access to one or more third-parties to process payments, process account or user registrations, fulfill orders, or provide other services. The use of such third-party services are subject to the third-party’s terms of service. Any disputes arising regarding a third-party’s services must be resolved directly between user and the third-party. Light Proxies disclaims all warranties or representations regarding any third-party services. Light Proxies, in its sole discretion, and without notice to you or any user, may subcontract any Services to be performed by a third-party.
VII. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
Disclaimers. Light Proxies does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes them available, are free of viruses or other harmful component, or (v) the use or the results of the use of the Services will be correct, accurate, timely, or otherwise reliable.
Further, Light Proxies expressly disclaims any representation or warranty relating to any products, services, or companies displayed, described, advertised, sold, reviewed, recommended, linked to, or pictured on the Services. Light Proxies does not necessarily endorse any such products, services, or companies and does not warrant that any such products, services, or companies are available, will meet the user’s needs, are appropriate for any particular use, or are of any certain quality. Likewise, Light Proxies does not guarantee that any product, service, or company descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Light Proxies be responsible for any loss or damage resulting from any person’s reliance on any such product, service, or company descriptions, reviews, or specifications contained on the Services.
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, Light Proxies HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
Limitation of Liability. Light Proxies WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, OR (D) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF Light Proxies HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, Light Proxies’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE Light Proxies PRODUCTS OR SERVICES DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
Your Representations. You represent and warrant that your use of the Services complies with the Acceptable Use Policy, and that you will use the Services in accordance with that Policy.
VIII. INDEMNIFICATION
Indemnification. You agree to indemnify, hold harmless, and defend Light Proxies, its directors, members, employees, agents, or affiliates (collectively the “Indemnified Parties”) at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your use of the Services or any products sold through the Services, or (iii) your unauthorized use of the Services. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Party or Parties will reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Damages. Upon demand, you will pay us for breaching or inducing others to breach any provision of the Acceptable Use Policy or the Terms of Use, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $1 for any email sent to us from any ISP company, $100 for every cease and desist letter sent to us.
IX. TERMINATION
You agree that Light Proxies may, under certain circumstances and without prior notice, immediately terminate your Light Proxies account, any associated email address, and access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations or purported breaches or violations of the Terms of Use or other incorporated agreements or guidelines including the Acceptable Use Policy, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations for cause shall be made in Light Proxies’s sole discretion and that Light Proxies shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services.
X. PRIVACY
The Services are governed by the Light Proxies Privacy Policy which is incorporated into these Terms by this reference. Please read the Privacy Policy before accessing the Services or providing any personal information through the Services.
XI. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
XII. MANDATORY ARBITRATION AND PROHIBITION ON CLASS ACTIONS
The parties hereto agree and understand that any dispute or claim related to your use of the Services, any disputes regarding any alleged breach of these Terms, to the extent such dispute cannot otherwise be resolved, as well as any other action to enforce these Terms or for the breach of these Terms, shall be referred to final and binding arbitration, and not in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Any arbitration proceeding will take place in the State of Nebraska, subject to the laws of the State of Nebraska and will otherwise be governed by the then-current commercial arbitration rules of the American Arbitration Association, and the parties hereto expressly waive their rights, if any, to have any such matters heard by a court or jury, or administrative agency whether federal or state. The parties in any arbitration to enforce this agreement or remedy its breach will equally share the costs associated with such arbitration proceedings; provided, that, each party shall pay its own attorney’s fees. Within fourteen (14) days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.
Both parties agree that any dispute resolution proceedings (including any arbitrations and any court proceedings) will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class actions and class arbitrations are prohibited. If for any reason a claim proceeds in court rather than in arbitration, each party hereby waives any right to a jury trial. Both parties also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
XIII. HOSTING LIMITATIONS.
Any proxy user that utilizes an excessive amount of bandwidth will be subject to a review of their account to assess the appropriateness of additional costs. Excessive bandwidth usage is defined below dependent on the specific package in service:
Dedicated/Backconnect Proxies: Excessive usage is defined as any bandwidth usage greater than 0.03 TB per IP in a 30 day period
Semi-Dedicated Proxies: Excessive usage is defined as any bandwidth usage greater than 0.015 TB per IP in a 30 day period
Any user who uses more than 10 TB/mo. of bandwidth on their servers purchased from Light Proxies agrees that they will be charged an additional $30 per 10 TB, or risk their account being terminated. We do not tolerate bandwidth abusers.
XIV. MISCELLANEOUS.
Severability. If any provision of these Terms of Use is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded.
Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of Nebraska, without regard to the principles of conflicts of law.
Waiver and Severability of Terms. The failure of Light Proxies to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and to construe such provision to the maximum extent permitted by law so as to render that provision valid and enforceable, and the other provisions of the Terms of Use remain in full force and effect.
Entire Agreement. The Terms of Use, our Acceptable Use Policy, and our Privacy Policy constitute the entire understanding between you and Light Proxies with respect to the Services and supersedes all other agreements, whether written and oral, between you and Light Proxies.
Contact Information. All communications relating to the Services should be directed to: [email protected]