ProxyShell Terms of Service
1. THIS IS AN AGREEMENT BETWEEN YOU AND PROXYSHELL
This is an agreement ("Agreement") between you and ProxyShell. You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. YOUR USE OF THE PROXYSHELL SOFTWARES, SERVICES AND WEBSITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT.
2. HOW PROXYSHELL MAY MODIFY THIS AGREEMENT
ProxyShell reserves the right to change the terms, conditions, and notices under which it offers the ProxyShell websites, including any charges associated with the use of the ProxyShell softwares, services and websites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any ProxyShell website. Your continued use of the ProxyShell softwares and services after the effective date of such changes constitutes your acceptance of and agreement to such changes.
3. PERSONAL, NON-COMMERCIAL USER LICENSE
Softwares and services from ProxyShell are licensed to you for your personal, non-commercial use. You may install the software on multiple computers, but only one of them can be used at the same time. Each additional concurrent user of the software or service requires an additional Product License.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF PROXYSHELL SOLUTIONS
The ProxyShell solutions are only for your personal use. You will not use the ProxyShell solutions for commercial purposes; including but not limited to, sending commercial email solicitation or advertisements. You will not use the ProxyShell solutions in any way that is unlawful, criminal, or harms ProxyShell, its affiliates, resellers, distributors, service providers and/or suppliers or any customer of an ProxyShell, as determined in ProxyShell's sole discretion or any other person. You will not use the ProxyShell services to harass or threaten any other party. You will not use the ProxyShell services to crash, slow, or intentionally harm any computer system. You may not use the ProxyShell solutions in any way that breaches any code of conduct, policy or other notice applicable to the ProxyShell solutions. You will not use the ProxyShell services to obtain unauthorized access to any computer system. Without limiting the generality of this section, you may not use the ProxyShell solutions in any manner that could damage, disable, overburden, or impair any computer system or ProxyShell website or interfere with any other party's use and enjoyment of the ProxyShell websites.
5. SPAM IS PROHIBITED
You will not use the ProxyShell service or solutions to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail.
6. AUTOMATED AND HIGH SPEED REQUESTS
You will not access the ProxyShell services and websites using any automated system or using repeated high speed requests. You cannot use robots(bots), such as GetRight, Go!Zilla or any similar programs, to download content continuously in an unattended or attended basis.
7. SERVER MONITORS AND LOGS
To the maximum extent permitted by applicable law, ProxyShell may monitor and log your use of the ProxyShell services and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the ProxyShell or any customer of ProxyShell.
8. NO WARRANTIES
YOU ACCEPT THE SOFTWARE, SERVICE AND PRODUCT LICENSE "AS IS," AND PROXYSHELL AND ITS THIRD PARTY SUPPLIERS AND LICENSORS MAKE NO WARRANTY AS TO ITS USE, PERFORMANCE, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROXYSHELL AND ITS THIRD PARTY SUPPLIERS AND LICENSORS DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS,EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE PRODUCT REMAINS WITH YOU.
9. LIMITATION OF LIABILITY
THIS LIMITATION OF LIABILITY IS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL PROXYSHELL OR ITS THIRD PARTY SUPPLIERS AND LICENSORS BE LIABLE FOR ANY COSTS OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION) ARISING OUT OF THIS EULA OR THE USE OF OR INABILITY TO USE THE SOFTWARE PRODUCT OR THE FAILURE TO PROVIDE SUPPORT SERVICES, EVEN IF PROXYSHELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, PROXYSHELL'S, AND ITS THIRD PARTY SUPPLIERS' AND LICENSORS', ENTIRE LIABILITY ARISING OUT OF THIS EULA SHALL BE LIMITED TO THE LESSER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE, SERVICE OR THE PRODUCT LIST PRICE; PROVIDED, HOWEVER, THAT IF YOU HAVE ENTERED INTO A PROXYSHELL SUPPORT SERVICES AGREEMENT, PROXYSHELL'S ENTIRE LIABILITY REGARDING SUPPORT SERVICES SHALL BE GOVERNED BY THE TERMS OF THAT AGREEMENT.