Last Updated: Sep 12, 2024
These Terms and Conditions (“Terms”) govern the use of all services provided by ProxyMint (“we,” “our,” or “us”). By accessing or using ProxyMint’s website, software, and related services (the “Service”), you agree to abide by these Terms. If you do not accept these Terms, discontinue using the Service immediately.
ProxyMint reserves the right to modify or update these Terms at any time. Continued use of the Service following any such updates will signify your acceptance of the revised Terms.
1. User Eligibility and Account Management
1.1 Eligibility: The Service is available only to individuals who are at least 18 years old and legally capable of entering into binding contracts. By using the Service, you represent that you meet these eligibility requirements.
1.2 Account Registration: To use the Service, you must register an account, providing accurate and complete information. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. ProxyMint will not be liable for any unauthorized access resulting from your failure to protect your credentials.
1.3 Account Security: It is your responsibility to inform ProxyMint immediately of any breach of security or unauthorized use of your account. ProxyMint reserves the right to suspend or terminate any account involved in fraudulent or harmful activities.
1.4 Account Suspension and Termination: ProxyMint may suspend or terminate your account at any time, with or without notice, if you violate these Terms or engage in conduct harmful to the Service, other users, or third parties.
2. License and Permitted Use
2.1 License Grant: ProxyMint grants you a limited, revocable, non-transferable, non-exclusive license to access and use the Service solely for lawful purposes and in accordance with these Terms.
2.2 Prohibited Use: You agree NOT to use the Service for:
- Illegal activities, including but not limited to unauthorized access to networks, spamming, or identity theft.
- Exceeding granted permissions, including reselling or redistributing ProxyMint services without our explicit consent.
- Interfering with Service performance, such as launching denial-of-service (DoS) attacks or introducing malicious software.
- Violating intellectual property rights, including accessing or transmitting copyrighted content without proper authorization.
- Data scraping or attempting to bypass security measures designed to protect the Service.
Any misuse of the Service can result in the immediate suspension or termination of your account and may lead to civil or criminal liability.
2.3 Compliance with Laws: You agree to comply with all applicable local, national, and international laws and regulations when using ProxyMint’s services. ProxyMint reserves the right to report any illegal activities to relevant authorities.
3. Fees, Payments, and Subscriptions
3.1 Subscription Fees: ProxyMint’s services are offered through various subscription plans. The terms, including applicable fees and limits, are provided at the time of purchase. By subscribing, you agree to pay the specified fees associated with your chosen plan.
3.2 Payment Terms: You are responsible for providing valid and up-to-date payment information. All payments are processed securely through third-party payment providers. ProxyMint does not store credit card information and is not responsible for any loss or damage resulting from the processing of your payments.
3.3 Automatic Renewal: Unless otherwise specified, your subscription will automatically renew at the end of each billing period. You authorize ProxyMint to charge the payment method associated with your account for the renewal fees unless you cancel your subscription before the renewal date.
3.4 Refunds: Refunds are subject to ProxyMint’s Refund Policy, which is incorporated by reference into these Terms. Please refer to the Refund Policy for specific eligibility criteria and procedures.
4. Intellectual Property
4.1 Ownership: All content, software, and materials provided by ProxyMint are the intellectual property of ProxyMint or its licensors. You are granted no ownership rights in ProxyMint’s intellectual property and may not use, copy, distribute, or modify ProxyMint’s content without prior written permission.
4.2 User-Generated Content: By submitting content through the Service, you grant ProxyMint a worldwide, royalty-free, sublicensable license to use, reproduce, distribute, and display your content as necessary to provide the Service. You represent that you have all necessary rights to grant this license.
4.3 Infringement Notices: If you believe your intellectual property rights are being infringed by content on ProxyMint’s Service, please notify us immediately via the Contact Information section. ProxyMint will investigate and, if necessary, take action to remove infringing content.
5. Limitation of Liability and Warranty Disclaimer
5.1 Disclaimer of Warranties: The Service is provided on an “as-is” and “as-available” basis, without warranties of any kind, whether express or implied. ProxyMint disclaims all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
5.2 Limitation of Liability: To the fullest extent permitted by law, ProxyMint, its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, consequential, or punitive damages arising from or relating to your use of the Service. This includes, but is not limited to, loss of data, service interruptions, system failures, or any unauthorized access to or use of your account or data.
5.3 Total Liability: In any event, ProxyMint’s total liability to you for all claims arising under these Terms shall not exceed the amount paid by you to ProxyMint in the 12 months preceding the event giving rise to the claim. In jurisdictions where limitations on liability are not permitted, ProxyMint’s liability will be limited to the maximum extent allowed by law.
5.4 Acknowledgment of Risk: By using ProxyMint’s services, you acknowledge and accept the inherent risks associated with internet-based data transmission, including the risk of unauthorized access, data breaches, or loss of data. ProxyMint cannot guarantee the security of your data and accepts no responsibility for any such incidents.
6. Indemnification
You agree to indemnify and hold ProxyMint, its officers, directors, employees, agents, and affiliates harmless from any claims, damages, liabilities, losses, costs, or expenses (including reasonable attorney’s fees) arising out of:
- Your use of the Service.
- Your violation of these Terms or any applicable laws.
- Any content or data that you upload or transmit through the Service.
- Any claims made by third parties arising out of your misuse of the Service or violation of third-party rights.
7. Termination
7.1 Termination by ProxyMint: ProxyMint reserves the right to terminate or suspend your access to the Service at any time, with or without notice, for any reason, including but not limited to your breach of these Terms or misuse of the Service. Upon termination, your right to use the Service ceases immediately.
7.2 Termination by User: You may terminate your account and cease using the Service at any time. However, you remain responsible for all fees incurred before the termination and understand that no refunds will be issued unless otherwise stated in our Refund Policy.
7.3 Effect of Termination: Upon termination, ProxyMint has no obligation to retain or provide access to your account data. Any data stored on ProxyMint’s servers may be deleted following account termination.
8. Governing Law and Dispute Resolution
8.1 Governing Law: These Terms and any disputes arising from your use of the Service will be governed by the laws of [Insert Jurisdiction], without regard to conflict of law principles.
8.2 Arbitration: Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the [Insert Arbitration Body]. The arbitration shall take place in [Insert Location], and the decision of the arbitrator shall be final and binding on all parties. You waive the right to participate in any class action or collective proceeding.
9. Miscellaneous
9.1 Entire Agreement: These Terms, together with any documents incorporated by reference, constitute the entire agreement between you and ProxyMint regarding the use of the Service. Any prior agreements, whether written or oral, are superseded by these Terms.
9.2 Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to be enforceable and in full effect.
9.3 No Waiver: ProxyMint’s failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.
9.4 Assignment: You may not assign or transfer your rights or obligations under these Terms without prior written consent from ProxyMint. ProxyMint reserves the right to assign its rights and obligations under these Terms at any time without notice.
10. Contact Information
For any questions or concerns about these Terms, please contact ProxyMint at [legal@proxymint.com].
