Welcome to the Proxydoll.com website (the "Site"), which is
provided by SecureLink Networks, Inc. ("we," "us" or "our").
Please review the following terms of service (these "Terms
of Service") concerning your use of the Site. By using the
Site, you agree to be bound by the Terms of Service
contained herein. You agree that you have reached the age of
majority in your state or country or that you have parental
permission to use the Site. You must click on the "I Agree"
button at the bottom of this page to use this Site. If you
do not agree with these Terms of Service, please do not
access or otherwise use the Site.
The Site is for your personal and non-commercial use. You
may not modify, copy, distribute, transmit, display,
perform, reproduce, publish, license, create derivative
works from, transfer or sell any information, software,
products or services through the Site. You may not use the
Site in any way that breaches any code of conduct, policy or
other notice or policy applicable to the Site or in any way
that is prohibited by us. Without limiting the generality of
the foregoing, the Site may not be used for any of the
following uses:
* For any illegal, criminal purpose, including, but not
limited to, the transmission or receipt of illegal material.
* To contact or communicate with minors in a manner
prohibited by law.
* To violate or infringe intellectual property rights of
another.
* To engage in spamming, indiscriminate advertising, mass
news posts, or any other kind of unsolicited mass
distribution of email or other abuse of the internet.
* To transfer excessively large files. Files larger than a
specified size are automatically cut off.
* To feed a robot, automatic process, or other non-human
browser to download content continuously in an unattended or
attended basis or for any other purpose.
* To bypass blocking imposed by the owner of a bulletin
board or discussion forum.
* To transmit any unlawful, harassing, libelous, abusive,
threatening, harmful, or hateful material of any kind or
nature.
* To use the Site in any manner that could damage, disable,
overburden, or impair any computer system or the Site (or
the network(s) connected to the Site) or interfere with any
other party's use and enjoyment of the Site.
DISCLAIMERS AND LIMITATIONS
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS
AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO
SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS
WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE SITE IS PROVIDED "AS IS," WITH ALL FAULTS AND WITHOUT
WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES
AND CONDITIONS WITH RESPECT TO THE SITE, EITHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF
SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE,
OF ACCURACY, OF QUIET ENJOYMENT AND NON-INFRINGEMENT OF
THIRD PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF THE SITE, THAT THE FUNCTIONS
CONTAINED WITHIN THE SITE WILL MEET YOUR REQUIREMENTS, THAT
THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR
ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR ANY
OF OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE
BE LIABLE FOR DIRECT OR PERSONAL INJURY, OR ANY INCIDENTAL,
PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES
WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS
OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, LOSS OF
GOODWILL OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING
OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SITE,
HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY
(CONTRACT, TORT OR OTHERWISE) AND EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING
THE FOREGOING, IN NO EVENT WILL WE BE LIABLE TO ANY
AUTHORIZED USER, REGARDLESS OF THE FORM OF ACTION OR THE
THEORY OF LIABILITY, FOR ANY AMOUNT IN EXCESS OF THE
THREE-MONTH USE-FEE FOR THE SITE THAT WE HAVE RECEIVED FROM
THE CUSTOMER.
CHANGES TO THE SITE; ADDITIONAL
LIABILITY LIMITATION
WE MAY CHANGE THE SITE OR ADD OR DELETE FEATURES IN ANY WAY,
AT ANY TIME AND FOR ANY REASON IN OUR SOLE DISCRETION, AND
YOU AGREE AND ACKNOWLEDGE THAT WE MAY DO SO. As you use the
Site, you should expect to receive, access or use
information, materials, graphics, software, data and content
(collectively, "Content") originated by US and persons other
than US (any such person is referred to as a "Third Party").
WITHOUT LIMITING THE GENERALITY OF "DISCLAIMERS AND
LIMITATIONS" ABOVE, YOU ACKNOWLEDGE AND AGREE THAT WE ARE
NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING
WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE,
INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR
ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, CONTENT,
TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE
GENERALITY OF "DISCLAIMERS AND LIMITATIONS" ABOVE, YOU
ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE OR LIABLE
FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT
YOUR ACCESS TO OR USE OF THE SITE, (2) ANY INCOMPATIBILITY
BETWEEN THE SITE AND OTHER WEBSITES, SERVICES, SOFTWARE AND
HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN
INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR
TRANSACTIONS IN CONNECTION WITH THE SITE IN AN ACCURATE OR
TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE
ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY
SERVICES AVAILABLE FROM US OR THIRD PARTIES THOUGH LINKS
CONTAINED ON THE SITE. THE LIMITATIONS, EXCLUSIONS AND
DISCLAIMERS IN THIS SECTION AND "DISCLAIMERS AND
LIMITATIONS" ABOVE APPLY TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY
MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.
INDEMNIFICATION
You agree to fully indemnify and hold us, our successors and
predecessors and each of our and their respective parents,
subsidiaries, affiliates, licensees, officers, directors,
shareholders, partners, joint-venturers, employees, agents,
contractors and suppliers and each of their respective
officers, directors, principals, shareholders, members,
employees, agents, representatives, heirs, executors,
administrators, successors and assigns, harmless from any
claim, suit, hearing, action, expense or demand, including
without limitation to: all claims for damages, fees or costs
(including attorneys' fees) made or brought by any third
party due to or arising out of the use of the Site or any
part of our service to you, your agents or representatives,
anyone under your control, or by any third party using your
equipment, accounts, passwords to access and/or use the Site
or other related service (for purposes of this section,
collectively, "you"); the violation by you of our Terms of
Service or any provision therein (including warranties,
representations or covenants); the infringement or
misappropriation by you or any intellectual property rights
of any person or entity; or the use or misuse by you or
third parties of end user passwords or accounts. We reserve
the right, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in
which event you will cooperate with us in asserting any
available defenses and, as set forth above, be fully
responsible for our attorneys' fees.
USER RESPONSIBILITIES
Subscribers to the Site may not share their account
information with any third party. You agree to immediately
notify us of any unauthorized use of your account or any
other breach of security known to you. You also are
responsible for any fees or charges incurred to access the
Site through an Internet access provider or other third
party service. All subscriber fees are subject to our refund
policy.
SERVICE EMAILS
We reserve the right to send subscribers service emails
notifying the subscriber of operational or other changes
that may affect or change the current services offered.
Please note that subscribers cannot opt out of such service
emails because these service emails provide information
critical for the operation of subscribers' accounts.
TERMINATION
We reserve the right to terminate any users' access to the
Site or any related service for any or no reason, with or
without notice, at any time. We shall not be liable to you
or any third party for termination of service, nor shall we
be responsible for any events or actions arising as a result
of said termination. If your access is terminated, you agree
not to use or access the Site or any related service, or to
assist or cause any third party to do the same.
FORCE MAJEURE
We shall not be liable for any delays or other
non-performance resulting from circumstances or causes
beyond our reasonable control, including, without
limitation, fire or other casualty, act of God, strike or
labor dispute, war or other violence or acts of third
parties not within our reasonable control.
GOVERNING LAW
The rights and obligations of the parties under these Terms
of Service shall not be governed by the provisions of the
U.N. Convention on Contracts for the International Sale of
Goods; instead, these Terms of Service shall be governed by
and construed in accordance with the laws of the State of
New York, without regard to the choice of law provisions of
this or any other jurisdiction. The parties agree that in
the event of any dispute or controversy arising from or in
connection with these Terms of Service or the Site, the
parties will submit such dispute exclusively to the American
Arbitration Association ("AAA"), in New York County, in the
State of New York, to be arbitrated before a
single-arbitrator applying the AAA's Commercial Arbitration
Rules. You expressly waive any objection which you may have
or hereafter have to the venue or jurisdiction of any such
action, suite or proceeding.
CONSTRUCTION
In the construction and interpretation of these Terms of
Service, no rule of strict construction shall apply against
either party. The parties agree that these Terms of Service
are written in and shall be interpreted in accordance with
the English language.
SEVERABILITY
In the event that any portion of these Terms of Service are
deemed by a court to be invalid, the remaining provisions
shall remain in full force and effect.
WAIVER
Our failure to enforce your strict performance of any
provision of these Terms of Service will not constitute a
waiver of our right to subsequently enforce such provision
or any other provision of these Terms of Service. No
provision of these Terms of Service will be waived by any
act, omission or knowledge of us or our agents or employees
except by an instrument in writing expressly waiving such
provision and signed by a duly authorized officer of ours.
STATUTE OF LIMITATIONS
You agree that any cause of action against us arising out of
or related to the Site or any related service, regardless of
its form, must be commenced by you within one (1) year from
the date on which the cause of action arose; otherwise, such
cause of action is permanently barred.
TITLES
The section titles in these Terms of Service are solely used
for the convenience of the parties and have no legal or
contractual significance.
ASSIGNMENT
You may not assign these Terms of Service, by operation of
law or otherwise, without our prior written consent. Subject
to that restriction, these Terms of Service will be binding
on, inure to the benefit of and be enforceable against the
parties and their respective successors and assigns.
MODIFICATIONS
We reserve the right to review and change these Terms of
Service at any time and to provide notification solely by
posting an updated version of these Terms of Service on the
Site. You are responsible for regularly reviewing our
policies. Continued use of the Site after any policy change
shall constitute your binding consent to such changes.
COPYRIGHT AND TRADEMARK NOTICES
Copyright © 2003-2007 SecureLink Networks, Inc. All rights
reserved. ProxyDoll and the ProxyDoll logo are trademarks of
ours and are protected by U.S. and international trademark
laws.
The information available on the Site is our property and is
protected by copyright, trademark, and other intellectual
property laws. Users may not modify, copy, distribute,
transmit, display, publish, sell, license, create derivative
works or otherwise use any information available on this
Site for commercial or public purposes. Users may not use
the trademarks, logos and service marks ("Marks") for any
purpose without our written permission or such third party
that may own the Marks. We reserve any rights not expressly
granted herein.
TAMPERING
The user agrees not to modify, move, add to, delete or
otherwise tamper with the information contained on the Site.
The user also agrees not to decompile, reverse engineer,
disassemble or unlawfully use or reproduce any of the
software, copyrighted or trademarked material, trade
secrets, or other proprietary information contained on the
Site. You agree not to utilize the Site or any information
you obtain on this Site in any manner which may be likely to
injure or cause loss, either directly or indirectly, to us,
our parents, subsidiaries, affiliates, officers, employees,
agents, contractors and suppliers.
By using the Site, you assert that you have read these Terms
of Service and all other policies governing your use of the
Site and that you agree to abide by the stated conditions
for using the Site. In accordance with our privacy policy,
we reserve the right to turn over the IP addresses of users
who misuse or abuse our system either to the appropriate
legal authorities, or to those against whom abuse has been
perpetrated, and we further reserve the right to turn over
the IP addresses of users as otherwise required by law.
Please contact us with any questions regarding the Site or
these policies.
I HAVE READ AND UNDERSTAND THE
FOREGOING AND AGREE TO BE BOUND BY ALL OF ITS TERMS
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