Mr Proxy (herein after "mr-proxy.com") provides virtual private networking (“VPN”)/Mr Proxy, Wifi Security/Authentication, Encryption Services and Anonymous internet protocol (“IP”) addresses to its clients. You (“Client” or “Subscriber”) (mr-proxy.com and Subscriber collectively known as “Parties”) acknowledge that mr-proxy.com and/or any of its parent companies or constituents will not be held liable for any and all liability arising from your use of its services and website.
NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN "BINDING INDIVIDUAL ARBITRATION" SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND VPN, THEIR AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, "VPN ENTITIES"). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN "BINDING INDIVIDUAL ARBITRATION" SECTION.
Subscriber affirms that they are either more than eighteen (18) years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms and Conditions contained herein.
If you are under the age of eighteen (18) years of age and between thirteen (13) and seventeen (17) years of age, then you must find a legal parent or guardian to purchase and activate this service for you. If you are unable to find a legal parent or guardian to purchase and activate this service for you or if you are under thirteen (13) years of age, you are not permitted to use this website or its services.
LICENSE mr-proxy.com grants you a personal, limited, non- exclusive license to use an account to which you have access for your personal, private, non-commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the Services accessed by you. This account is to be used exclusively by the account holder and is at no time transferrable to any other parties for any duration of time. If the account is determined by mr-proxy.com to have been transferred between parties, Mr Proxy has the right to suspend and/or terminate the user's account at the company's discretion. All intellectual property rights on mr-proxy.com are owned by London Trust Media, Inc. and are protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the mr-proxy.com website unless you are expressly authorized to do so. Any commercial use is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to mr-proxy.com Content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to mr-proxy.com. New or future services that may be offered by mr-proxy.com will require a separate subscription or agreement. Subscriber understands that this Agreement is limited to VPN services only and do not include any other services herein.
CHANGES TO THIS AGREEMENT Client understands that the present Terms of Service are subject to changes made by mr-proxy.com at any time at its sole discretion, and you agree to be bound by any and all modifications, changes and/or revisions. You understand that it is your obligation to periodically review this webpage in order to account for any changes made, as they will be binding upon assent.
The terms and conditions herein apply to all users of mr-proxy.com whether a 'visitor,' a ‘subscriber,’ or a 'client' and you are only authorized to use mr-proxy.com if you agree to abide by all applicable federal and state laws and be legally bound by the terms and conditions of this Agreement.
CONDUCT You agree to comply with all applicable laws and regulations in connection with use of this service. You must also agree that you nor any other user that you have provided access to will not engage in any of the following activities:
EXPORT CONTROLS The mr-proxy.com service offered as part of this Agreement is subject to all relevant United States export control laws and regulations. Company makes no representation that this Site is appropriate or available for use in other locations outside the United States. By using this Site, you represent and warrant that: (i) you are not listed on the U.S. Commerce Department's Table of Denial Orders, the U.S. Treasury Department's lists of specially designated nationals, or otherwise denied the privilege of participating in transactions involving the export of U.S.-origin products and services; (ii) you are not located in a country that is subject to embargo by the United States (currently the Crimea Region of Ukraine, Cuba, Iran, North Korea, Sudan, and Syria); (iii) you are not engaged, directly or indirectly, in the design, development, production, stockpiling, or use of nuclear, chemical, or biological weapons or missiles; and (iv) you will not, without prior authorization from the Bureau of Export Administration, (a) knowingly re-export the technical data received from you to any destination or (b) export the direct product of the technical data, directly or indirectly, to a country listed in Country Group D:1 or E:2 in Supplement No. 1 to Part 740 of the Export Administration Regulations (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Macau, Moldova, Mongolia, North Korea, People's Republic of China, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, or Vietnam).
BREACH mr-proxy.com abides by a ZERO TOLERANCE policy relating to any activity which breaches or violates our terms and conditions.
Along with the ZERO TOLERANCE policy, Clients who materially breach the terms and conditions will have their account removed without any refund. Additionally, Client understands that mr-proxy.com expressly reserves the right to hold the Client or any third-party using the service on Client’s behalf responsible for any and all financial damages and losses which may be incurred arising out of said breach or breaches, including, but not limited to attorneys fees, fees for expert witnesses, court costs, and other charges.
Subscriber understands that mr-proxy.com reserves the right in its sole discretion to enforce breaches of this Agreement. Failure to comply with the present Terms of Service constitutes a material breach of the Agreement, and may result in one or more of these following actions:
· Issuance of a warning;
· Immediate, temporary, or permanent revocation of access to mr-proxy.com with no refund;
· Legal actions against you for reimbursement of any costs incurred via indemnity resulting from a breach;
· Independent legal action by mr-proxy.com as a result of a breach; or
· Disclosure of such information to law enforcement authorities as deemed reasonably necessary.mr-proxy.com reserves the right to take any other actions deemed necessary to enforce and protect its rights. If you find that your mr-proxy.com account has been suspended, then you may contact: firstname.lastname@example.org
SERVICE LEVEL AGREEMENT Service coverage, speeds, locations and quality are not guaranteed. While mr-proxy.com will make every attempt to maintain the Service availability at all times, the Service may be subject to unavailability for numerous reasons including maintenance, emergencies, third party service failures, transmission errors, equipment failures, network issues, interference, natural disaster, amongst other reasons. mr-proxy.com does not guarantee that data, messages, or packets will be delivered and shall not be held responsible in the event data, messages, or packets are lost, not delivered, delayed, misdirected or are otherwise inaccessible.
Additionally, we may impose usage limits to our services, suspend or block services, or cancel any and all services at our sole discretion at any time. Finally, we do not guarantee the accuracy and timeliness of any data received.
We make no guarantee that this service will be accessible at any time. However, we will do our best to keep the service up and running for our beloved clients.
CLIENT RESPONSIBILITIES As a client of mr-proxy.com, you are responsible for:
· Maintaining the confidentiality and security of the account you are provided.
· Ensuring that subscriber connections to the mr-proxy.com network are limited to no more than five (5) simultaneous connections.
· Providing valid and accurate identifying information related to the user account.
· Liability for any use and/or abuse which occurs while you or any third-party is logged into the mr-proxy.com service with your account credentials.
· Ensuring the account is used by only the primary-account holder who registered for the account and service is not transferred by any parties outside of the original account holder and Mr Proxy.
OUR RIGHTS mr-proxy.com reserves the right to close your account at any given time without any given notice. While mr-proxy.com will, at its best interest, attempt to provide full and complete service to its users, this right is reserved for reasons which may arise at a later date.
Subscriber understands that mr-proxy.com also reserves the right to scale back or throttle bandwidth originating from subscriber accounts that may breach the present Agreement or in the event of excessive usage on the mr-proxy.com network.
Subscriber also understands that mr-proxy.com for reasons beyond its control may shut down and terminate services. If mr-proxy.com ceases operations, subscribers will be notified with at least thirty (30) days advance notice. Subscribers will not be eligible for a pro-rated, partial, or complete refund in the event of a shut down.
WARRANTIES Subscriber represents and warrants that all of the identifying information provided to mr-proxy.com to use the mr-proxy.com website is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.
INDEMNITY Subscriber agrees to defend, indemnify and hold harmless mr-proxy.com, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
· your use of and access to the mr-proxy.com Website and/or Service;
· your material breach of any term of these Terms of Service;
· your violation of any third party right, including without limitation any copyright, patent, trademark, property, or privacy right; or
· Any claim that your use caused damage or injury to any third party.This defense and indemnification obligation will survive these Terms of Service and your use of the mr-proxy.com Website.
BINDING INDIVIDUAL ARBITRATION Purpose. The term "Dispute" means any dispute, claim, or controversy between you and Mr Proxy regarding the Services or the use of the Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" Section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with Mr Proxy or any company, subsidiary, parent, vendor associated with Mr Proxy that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and Mr Proxy that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND VPN AGREE THAT ANY CLAIM FILED BY YOU OR BY VPN IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFYVPN IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 2885 SANFORD AVE. SW SUITE 20138 GRANDVILLE, MI 49418, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR VPN ONLINE ID, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH VPN THROUGH ARBITRATION.
Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY VPN, YOU MUST SEND WRITTEN NOTICE TO 2885 SANFORD AVE SW SUITE 20138 GRANDVILLE, MI 49418, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: VPN: DISPUTE RESOLUTION" TO GIVE VPN THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If mr-proxy.com does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or mr-proxy.com may pursue your claim in arbitration pursuant to the terms in this Section.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND VPN SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.
Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or mr-proxy.com elects to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties.
Arbitration Procedures. Because the software and/or service provided to you by Mr Proxy, you may have a Dispute with concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with Mr Proxy as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you may be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to mr-proxy.com. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration. You or Mr Proxy may initiate arbitration in either Hennepin County, Minnesota or the United States county in which you reside. In the event that you select the county of your United States residence, mr-proxy.com may transfer the arbitration to Los Angeles, County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
ASSIGNMENT The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by mr-proxy.com without restriction.
SEVERANCE If any term, clause or provision of the present agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
If Subscriber agrees to all of the foregoing terms and conditions, Subscriber may gain access to and use the mr-proxy.com service.
This service is provided as is, without warranty of any kind. Use of this service is entirely at your own risk. We cannot take responsibility for any direct or indirect damages resulting from the use of this service.
The service allows indirect browsing of external, third-party websites. We are not responsible for the content on any external websites that may be accessible through our service. A website viewed through our service is in no way owned by or associated with this website.
The term "indirect browsing" refers to the server which you connect to. During "direct" browsing, you connect to the server which provides the resource you are requesting. During "indirect" browsing, you connect to our server. Our script downloads the requested resource and forwards it to you.
Any resource (such as web pages, images, files) downloaded through our service may be modified. This may include, but is not limited to, editing URLs so that any resources referenced by the target resource are also downloaded indirectly. The accuracy and reliablity of this process is not guaranteed. The resource which you receive may not be an accurate representation of the resource requested.
A side-effect of indirect browsing may be anonymity. By connecting to our server instead of the target server, the target server does not see your IP address. However, we do not guarantee our service will be truly anonymous. The downloaded resource may reference other resources which your browser may automatically download. The service attempts to reroute all such requests through our server but may not be entirely successful. A single direct request will compromise your anonymity.
This service may download a resource over a secure connection but this may be sent back to you over an unsecure connection. Do not enter confidential information unless you are on a secure connection to our server.