Terms and Conditions
Clients will be held responsible for any and all actions performed by their account whether done by the account holder or by others! If server security is compromised, the account holder is responsible for all violations of these Terms of Service (so called herein) and ACTPROXY’s Acceptable Use Policy (“AUP”), including abuse related issues, and all disconnect and reconnect fees associated with violations. ACTPROXY does not harden or enable additional server security software outside of operating system defaults. The following terms constitute an agreement between you and ACTPROXY. These Terms of Service govern your use of the services provided by ACTPROXY (the “Services”). BY USING THE SERVICES YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices disclosed in our AUP.. Please note that we offer the Services “AS IS” and without warranties. These Terms of Service govern your relationship with us and our suppliers. Dedicated proxies may show multiple users in short intervals as our system changes out multiple users at the same time. This occurrence will be infrequent and will not affect the performance of our dedicated service. We may change these Terms of Service at any time, as we deem appropriate. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email if we have a current email address for you, and by noting on our website that these Terms of Service has been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Services. Your ongoing use of any Services after the changes take effect signifies your agreement to the new terms. We encourage you to review these Terms of Service regularly.
Our proxies should work with Scrapebox, GSA SER, and SENuke. Our proxies should also work on MySpace, Twitter, Facebook, Tumblr, instagram and most if not all social media websites, but we CANNOT guarantee any particular site won't ban our proxies AND YOUR SOCIAL ACCOUNTS, or implement restrictive policies that may hinder your use of our proxies. Due to the dynamic nature and security of social networking and media sites we DO NOT guarantee any type of success rate. Furthermore, we DO NOT guarantee any type of success rate on any one particular website in general due to the fact that we cannot control how or when any website will ban or block our proxies.
ACTPROXY agrees to furnish services, which are paid for in advance by the client, to the client, subject to complete compliance with the AUP and these Terms of Service. ACTPROXY reserves the right to refuse Services to any potential client and/or to deny renewal of Services to any existing client, at the sole discretion of ACTPROXY.
ACTPROXY does not take special requests for the access to specific websites/URLs or services using our proxies. Please do not attempt to make special requests regarding any of our services. If a special request is made via our contact/support system it will likely be ignored due to the increasing demand on our support staff.
Changes to Terms of Service and AUP
ACTPROXY Terms of Service and AUP are both subject to change at any time and without notice at the sole discretion of ACTPROXY. A change in policy shall not be grounds for early contract termination or non-payment. Client recognizes that the nature of the service supplied and the initial rates and charges have been communicated to the client. The client is aware that from time to time rates may change based on availability of hardware, overall market conditions or other factors. Clients will be notified of any increases in rates or charges prior to the billing renewal date on which such increases will take effect.
All billing and invoicing is done under Coordinated Universal Time (UTC).
Services interrupted for non-payment may be subject to a $50.00 reactivation fee. Data stored on a client’s services will not be available to the client until reconnection is established or alternative arrangements are made to the sole satisfaction of ACTPROXY. Clients deactivated for non- payment or charge-back are subject to their data being destroyed seven (7) days from suspension/charge-back date. ACTPROXY is not responsible for data integrity, regardless of circumstance.
We offer a full refund if you are not satisfied within 3 days for ALL of our proxies. Any and all charge disputes or refund requests must be reported directly to ACTPROXY within three (3) days of the date of the first payment made. A charge which is deemed valid by ACTPROXY, and validated by our Terms of Service and AUP will receive a full refund. We do not pro-rate refunds due to customer cancellation requests.
All CRYPTOCURRENCY payments are REFUNDABLE ONLY AS ACCOUNT CREDIT. WE DO NOT REFUND CRYPTOCURRENCIES.
VIOLATIONS OF ACTPROXY TOS/ACCEPTABLE USE POLICY
Could result in suspended or termination.
Examples of what ACTPROXY considers non-acceptable content and/or links to such.
Bulk Email/Spam related products
User may not:
Run any bit torrent application, tracker, client or link to torrents off server. Run a Mail Server (all outgoing mail ports are blocked on all proxies) Run Bulk Mail/Spam Use XRumer
In the event a service is suspended, if proxies all proxies will be released immediately and will not be recoverable. The service will be subject to termination seven (7) days from the time of suspension. ACTPROXY assumes no liability for the integrity of the data transferred during usage.
If you no longer wish to use our services simply don't pay at the end of the billing period or request a cancellation. In either event you no longer be able to use ACTPROXY'S service until payment has been made.
URL logging is used on all of our squid servers and is strickly only used for troubleshooting connections. If you experience connection problems anywhere on the internet we will investigate your issues using our logs. At no time for any reason will the URLs be used outside of ActProxy's development team. We value your privacy greatly.
In the event fraud is discovered the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of ACTPROXY. All information available to ACTPROXY about the fraudulent account/service shall be submitted to both local authorities, as well any financial institutions involved. All fraudulent orders are investigated, and all fraudulent clients will be prosecuted to the fullest extent of the law, whether within the United States, or abroad. Our proxies may not be used for any fraud activites in any way. If you use our proxies for any type of fraudulent activity your account will be immediately suspended and you will be banned from using our services indefinitely.
Disclaimers of Liability; Indemnification
WE PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A ACTPROXY, REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES’ AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
ACTPROXY provides hardware support related to each direct client’s service functioning. ACTPROXY does not offer software support of any kind. ACTPROXY does not provide software support/troubleshooting for the software items chosen from the order form. ACTPROXY only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. ACTPROXY is not responsible for any downtime associated with the incorrect configuration of operating any software, wether installed by ACTPROXY or the client. ACTPROXY may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. ACTPROXY does not provide any type of support to the clients of our clients (third party clients). ACTPROXY will only provide support directly to clients of ACTPROXY.
Spam/Bulk Email Policy
ACTPROXY does not allow bulk mailing of any kind from its network, including but not limited to SPAM or SPIM. You may not allow others to use your account to violate the terms of these Terms of Service. If ACTPROXY receives a spam complaint or otherwise becomes aware of bulk mailing from its networks, it will identify the server the spam was initially sent from (via IP), create a comprehensive list of the spam complaints associated with the server in question, and issue an Abuse Notification to the client whose account(s) are associated with such complaints. An instance of a spam complaint is defined as one marketing E-mail. The first Abuse Notification will provide a warning to the client and assess a $25 fine. The second Abuse Notification will assess a fine of $25 per complaint received with a maximum fine of $125. The third Abuse Notification will terminate all Services to the account and/or client in violation of these Terms of Service, as well as assess a fine of $25 per complaint received with a maximum of $250. ACTPROXY reserves the right to refuse Services to any client whose account(s) have been fined or terminated for bulk mailing. If an IP range or IP address has been black-listed as a result of a spam complaint, ACTPROXY will issue a fine of $200 and reserves the right to immediately terminate the service, at the sole discretion of ACTPROXY.
- On the second instance of server compromise ACTPROXY reserves the right to terminate the client’s services.
If a client wishes to dispute any spam complaints, or any fine assessed in connection with any such complaints, the client must provide ACTPROXY with full logs as well as any additional information requested by ACTPROXY within 48 hours of the initial Abuse Notification. Failure by a client to dispute, or to provide any required information within such 48 hour time period, will be deemed acceptance of the notification and all assessed fines associated with it.
ACTPROXY proxies come with unlimited bandwidth. You may need to provide justification for extreme bandwidth usage. Your services WILL NOT be suspended or terminated but we may ask you about the excessive usage and reserve the right, if we find it necassary, to limit your connection so as to secure other client's usage on our servers. Client assumes liability for all bandwidth to and from their services.
Clients consent to ACTPROXY public disclosure that they are providing services to the client, which may include using the clients name in promotional materials. ACTPROXY reserves the right to use client quotes for promotional uses.
Your affirmative act of using the Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, “Notices”). We can send you electronic Notices to the e-mail address that you provided to us during registration. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can withdraw your consent to receive Notices electronically by canceling or discontinuing your use of the applicable Services. In order to receive Notices electronically, you must have a personal computer with a modem connected to a communications source (telephone, wireless or broadband), and a Windows-based or a Macintosh- based operating system with an Internet browser. You will need a printer attached to your personal computer to print any Notices. You can retrieve an electronic copy and a printable version of this contract by clicking on the “Terms of Service” link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.