TERMS & CONDITIONS
According to Article 8 of Act on Electronic Services Proxybonanza.com provides free of charge access to these Terms & Conditions, and on Customer's request also in such a way as to allow him to gain, reproduce and record the Terms & Conditions by computer system used by the Customer.
- Proxybonanza.com - SC Media Limited Liability Company Limited Partnership (SC Media Spolka z ograniczona odpowiedzialnoscia spolka komandytowa) with registered seat in Lodz, Beskidzka 143 street, Poland, entered into National Court Register with KRS No 0000376982;
- the Customer - a natural person, legal person or other entity who concludes a contract for Services with Proxybonanza.com;
- the Services - a range of services rendered by Proxybonanza.com to its Customers, on the basis of a contract concluded on-line, under which Proxybonanza.com makes available to the Customer access to proxy servers, in return for the payment of the fee which depends of the amount of the data traffic and quantity of the IP addresses ordered by the Customer.
- The Contract - a contract on basis of which Proxybonanza.com renders the Services to the Customer;
- General Terms
- In the scope of the Services rendered by Proxybonanza.com, Proxybonanza.com makes available an access to proxy servers, situated in different countries.
- Proxybonanza.com renders the Services on the basis of the Contract. The Contract is concluded by the way of filling in the form which is provided on Proxybonanza.com website and accepting these Terms & Conditions by the Customer by clicking "I accept" box. The Customer chooses limit of data traffic available over one month. In some cases the choice of the location of the proxy server may also be possible. The Contract may be concluded in Polish or in English.
- The Contract is concluded for a period of one month. In the event the Customer desired to continue to use the Services after that period, the Customer may extend the Contract by making a payment for the Services for the next month. In such case the Contract will automatically extend for the period for which the payment has been made.
- By concluding the Contract in the way prescribed in provision 2 above The Customer obliges himself to make all the payments for the Services purchased from Proxybonanza.com on the basis of the Contract on time, that is in advance for the whole month. Proxybonanza.com will start to render the Services as soon as the whole payment is received. In case of lack of payment which exceeds 7 days from the moment of conclusion of the Contract, Proxybonanza is entitled to terminate the Contract after issuing a final notice for payment giving additional time of 7 days for payment.
- The Customer accepts that Proxybonanza.com may at its sole discretion add, delete or change some or all of its services at any time, by posting information about change of Proxybonanza.com's offer on the website. New offer will be binding after 14 days from the date of posting it on the website. Any new features that augment or enhance Proxybonanza.com shall be subject to these Terms & Conditions. The change of the conditions of Services does not apply to the Contract which has been concluded under previous offer, however if the Customer wishes to extend the Contract for the following month after the new offer became binging, extension of the Contract will be subject to new conditions.
- The Services may be rendered in line with the Contract and these Terms & Conditions only if the Customer uses appropriate equipment - that is: any computer system capable of communicating over HTTP/SOCKS5 proxy protocols.
- The Contract expires with the lapse of period for which it has been concluded, unless the Customer extends it in line with provision 3 of this paragraph.
- The Customer has a right to rescind the Contract in case the Services have not been rendered of has been rendered incorrectly for 7 consecutive days, and in case defined in point 6 of this paragraph.
- The Proxybonanza.com is allowed to rescind the Contract in cases defined in point 3 of this Paragraph and in Paragraph 3 point 4 of these Terms & Conditions.
- Unlawful or Prohibited Use
- The Customer shall not use the Services for any purpose that is unlawful or prohibited by law or these Terms & Conditions.
- The Customer shall not use the Services in any manner which could damage, disable, overburden, or impair any Proxybonanza.com services, or the networks connected to server or proxy servers used in for providing services by Proxybonanza.com or interfere with any other party's use and enjoyment of any Proxybonanza.com services. The Customer is forbidden to attempt to gain unauthorized access to any Proxybonanza.com services, other accounts, computer systems or networks connected to Proxybonanza.com, through hacking, password mining or any other means. The Customer shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through Proxybonanza.com services. The Customer is responsible for any content that he posts or transmits through the Proxybonanza.com services.
- It is prohibited to use the Services to carry out unlawful activities, or to use the Services to breach copyright regulations or to spam, including but not limited to unsolicited advertising, bulk e-mail, bulk instant messages or any kind if undesired abuse of internet, or invade the privacy of, or threaten, other persons. The Customer is not permitted to use blog / forum spamming software, in particular, but not limited to Xrumer and Scrapebox.
- In case of any unlawful or prohibited use of the Services by the Customer Proxybonanza.com has a right to terminate the Contract immediately, without a prior notice, and demand payment of liquidated damages (contractual penalty) in amount of 50 Euro for each case of breach. The right to liquidated damages do not exclude Proxybonanza.com rights to claim further damages on the basis of general rules of the Polish Civil Code.
- Applicable law The Contract as well as all disputes arising out of or in connection with the Contract or the Services shall be governed by the law of Poland, without regard to or application of choice of law rules or principles. Any dispute arising out of or in connection with the Contract or the Services, shall be exclusively resolved before the competent court in Poland.
- Special Admonitions for International Use
Recognizing the global nature of the internet and Proxybonanza.com services, the Customer agrees to comply with all local rules regarding online conduct and acceptable content.
- Indemnification The Customer unconditionally agrees to indemnify and hold Proxybonanza.com, and its officers, affiliates, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content the Customer submits, posts to or transmits through the Service, the Customer's use of the Service, the Customer's connection to the Service, the Customer's violation of these Terms & Conditions, or the Customer's violation of any rights of another.
- No Resale of Service
- The Customer shall not reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. Furthermore The Consumer shall not allow access to IP addresses provided by Proxybonanza.com to any third party.
- The Customer may assign his rights and duties under the Contract to the third party only after receiving Proxybonanza.com written acceptance.
- In the event of breach of these duties by the Customer Proxybonanza.com has a right to terminate the Contract immediately, without a prior notice, and demand payment of liquidated damages (contractual penalty) in the amount of 50 Euro for each case of breach. The right to liquidated damages do not exclude Proxybonanza.com rights to claim further damages on the basis of general rules of the Polish Civil Code.
- Modifications to or Suspension of Service
In the event when rendering of Services occurs to be impossible due to the reasons independent of Proxybonanza.com or its subcontractors Proxybonanza.com has the right to modify or discontinue the Services temporarily or permanently, at any time. Proxybonanza.com will attempt to provide reasonable notice of such changes or discontinuance to the Services and shall preform all reasonable actions in order to remove the cause of discontinuance of Services. Due to technical problems with internet connection with proxy servers situated in South Africa or Russian Federation or in other countries the list of which may be amended and posted on Proxybonanza.com website, Customer acknowledges that the connection speed may temporarily decrease. These technical problems are independent of Proxybonanza.com or its subcontractors and result from internet network functioning.
- The Customer acknowledges and accepts that any software which is available on Proxybonanza.com website may be downloaded by every visitor of the website free of charge. Proxybonanza.com does not render services of granting access to the software whatsoever. Proxybonanza.com makes no warranty, representation or guaranty and shall not be held liable as to the content, quality, correctness of operation or completeness of any software which is downloaded by the Customer or any other visitor of the website.
- Proxybonanza.com makes no warranty, representation or guaranty and shall not be held liable as to the content, accuracy, timeliness or completeness of the information provided in web sites to which the Customer may gain an access by using the Services, or that these information may be relied upon for any reason. Furthermore any material downloaded through the Services is done at the Customer's own discretion and risk and the Customer will be solely responsible for any damage to his computer system or loss of data that results from the download or use of any such material.
- Proxybonanza.com may be held responsible for damage incurred by the Customer as a result of non-performance or breach of contractual duties by Proxybonanza.com, only if the damage has been caused by willful misconduct or gross negligence on the part of Proxybonanza.com.
- Proxybonanza.com shall not be liable for any damage, resulting from:
- Force majeur;
- Statements, conduct or omission of any third party, for acts and omissions of which Proxybonanza.com is not responsible ;
- Unauthorized access to the Customer's transmissions or data by third parties;
- Other events which have not resulted from the lack of a due diligence on the side of Proxybonanza.com.
Proxybonanza.com may provide notices of changes to the Terms & Conditions or other matters by displaying notices or links to notices to the Customer generally on Proxybonanza.com web site. The Customer is obliged to update his knowledge hereto continuously. In case the Customer does not accept the modification or alteration of the Terms & Conditions he has a right to terminate the Contract immediately, without a prior notice.
In the event the Services are not rendered or are rendered incorrectly the Customer should inform about such situation Proxybonanza.com by e-mail. Proxybonanza.com shall provide an answer to the complaint not later than within 3 working days form delivery of the complaint. Proxybonanza.com shall do necessary research in order to establish the cause of the problem and in case it occurs that Proxybonanza.com or any of its employees, agents or subcontractors are responsible for the cause of the problem Proxybonanza.com shall do its best to remove the problem as soon as it will be reasonably possible. In such the Customer has a right to receive refund of the payment in the amount of 1/30 of the payment for each day the Services have not been rendered or have been rendered incorrectly.
- Affiliate Program
- Proxybonanza.com offers a special program for the Customers who help to promote Proxybonanza.com and recommend it to other customers - hereinafter referred to as the Partner.
- If as a result of recommendation of the Partner another customer concludes the Contract (hereinafter the recommended Customer), the Partner receives a payment in amount of 30% of the price paid by the recommended Customer for the first transaction with Proxybonanza.com. This rate may be changed by the Proxybonanza.com and be different depending on the Partner.
- The payouts will be made once a month if the amount due to the Partner is $50 or more. If the amount due to the Partner is less than $50 than it is transferred to the next month payout. New amounts due to the Partner accruing in line with this provision shall be added to the amount due after 30 days of the transaction with the recommended Customer (NET-30 System). The payouts will be made by paypal.
- In the event the recommended Customer withdraws the payment or claims the transaction void on the grounds of fraud (payment with stolen credit card etc.) within 30 days of the transaction, the amount accruing from this transaction will be deducted from the payment due to the Partner.
- The Partners accepts that promoting Proxybonanza.com in PPC system (pay per click) is allowed except from the keywords: 'proxy bonanza', 'proxybonanza', 'paid proxy'.
- It is forbidden to present a website of the Partner in such a way that the visitor is misled as to the origin of the website and has an impression that it is Proxybonanza.com website.
- Proxybonanza.com will not pay commission for products that Partner purchases for itself.
- It is forbidden to promote Proxybonanza.com for unlawful or contrary to these Terms & Conditions usage.
The failure or delay of Proxybonanza.com to exercise or enforce any rights or provision of the Terms & Conditions shall not constitute a waiver of such right or provision. All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms & Conditions. Should any part of these Terms of Service be held invalid by any court or tribunal, such invalidity shall not affect the validity of any remaining part, which will remain in full force and effect as if these Terms & Conditions had been executed without that part having been held to be invalid.
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