Service Agreement
Slicky Proxy ("Service Facilitator") is willing to provide you this service only if you agree to be bound by the following terms:
1.
You will not use the service to conduct or conceal illegal or
malicious activities (including but not limited to fraud, spam,
hacking, and phishing).
2.
You agree to pay the published subscription fee which you are charged by the
Service Facilitator for the use of the Service.
3.
You acknowledge you will be charged $1 for the Trial Period which begins the moment you complete the
registration check out and will last for 72 hours.
4.
You understand that you must be cancel your subscription before the trial period
ends to avoid being charged the monthly subscription fee. You also understand
there is no pro-rating of subscription fees should you cancel before your next
billing cycle.
5.
You acknowledge that your subscription will automatically continue until you
cancel your subscription.
6.
You agree to pay all costs (including attorneys' fees, if any, incurred by the
Service Facilitator in collecting subscription fees from you).
7.
You certify that you are 18 years of age of older.
8.
IN
NO EVENT WILL THE SERVICE FACILITATOR BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED
TO THIS AGREEMENT (Including but not limited to damages that result from misuse,
inconvenience, delay or loss of the use the service).
9.
You agree to indemnify and hold the Service Facilitator harmless from and
against any and all claims, losses, liability, costs and expenses (including but
not limited to attorneys' fees) arising from your violation of this Agreement or
any third party's rights. This indemnification and hold harmless obligation will
survive this Agreement and your use of the Service.
10.
There is no warranty of any kind, express or implied, regarding any aspect of
this service.
11.
You acknowledge that we may modify this Agreement at any time. If the terms are
changed, the new version of the Agreement will be posted on the Service
Facilitator web site for your review. By continuing to use the Service, you
agree to be bound by the changes in the new version of the Agreement.
12.
System and Network Security. Violations of system or network security are
prohibited, and may result in criminal and civil liability. The Service
Facilitator will investigate incidents involving such violations and may involve
and will cooperate with law enforcement if a criminal violation is suspected.
Examples of system or network security violations include, without limitation,
the following: (1) unauthorized access to or use of data, systems or networks,
including any attempt to probe, scan or test the vulnerability of a system or
network or to breach security or authentication measures without express
authorization of the owner of the system or network; (2) unauthorized monitoring
of data or traffic on any network or system without express authorization of the
owner of the system or network; (3) interference with service to any user, host
or network including, without limitation, mail bombing, flooding, deliberate
attempts to overload a system and broadcast attacks; or (4) forging of any
TCP-IP packet header or any part of the header information in an email or a
newsgroup posting.
13.
Consequences of Violation. INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND
ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A COMPANY CUSTOMER
OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH
CUSTOMER OR END USER. Violation of this Contract by a Customer may result in
temporary suspension or permanent termination of service, at the Service
Facilitator's sole discretion. The Service Facilitator does not issue service
credits for any outages incurred through service disablement resulting from
Acceptable Use Policy violations.
14.
DISCLAIMER OF WARRANTY: EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE Service
Facilitator's SERVICES ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT. TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, THE SERVICE FACILITATOR AND ITS AFFILIATES MAKE NO
WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVER UNDER ANY
CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY THE SERVICE
FACILITATOR. THE SERVICE FACILITATOR DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SERVER OR THE SUPPORT SERVICES WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVER OR SUPPORT SERVICES
WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SERVER
ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
15.
LIMITATION OF LIABILITY: USE OF THE SERVICE FACILITATOR SERVICES IS AT
CUSTOMER'S OWN RISK. CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS
RESULTING FROM ITS DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS,
CONTENT, OR OTHER MATERIAL
(INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF
THE SERVICE FACILITATOR'S SERVICE. UNDER NO CIRCUMSTANCES SHALL SERVICE
FACILITATOR OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK
SERVICES FOR THE SERVICE FACILITATOR OR ITS AFFILIATES, BE LIABLE FOR ANY
INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR
INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICE
FACILITATOR SERVICES OR SUPPORT SERVICES, EVEN IF THE SERVICE FACILITATOR, ITS
AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF THE
SERVICE FACILITATOR LLC AND THE AFFILIATES HEREUNDER IS LIMITED TO THE AMOUNT,
IF ANY, ACTUALLY PAID BY CUSTOMER FOR ACCESS AND USE OF THE SERVICE FACILITATOR
SERVICES AND SUPPORT SERVICES. CUSTOMER HEREBY RELEASES THE SERVICE FACILITATOR
AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN
EXCESS OF THIS LIMITATION.
16.
EXPORT CONTROLS: The Service Facilitator uses strong encryption and may be
subject to local and international law. a. To use this service you can not be on
any of the following U.S. denied persons lists: Table of Denial Orders (U.S.
Department of Commerce) Specially Designated Nationals List (U.S. Department of
Treasury, Office of Foreign Assets Controls (OFAC)) Debarred List (U.S.
Department of State) b. You agree to abide by all export, import, use, and
development and/or re-export laws in the country in which you reside. You
understand and agree that the Service Facilitator is not responsible for your
failure to abide by any such law. c. You agree to contact the Service
Facilitator, if you know or have reason to believe that another party has or
intends to violate U.S. or local country export, import, use, and development
and/or re-export laws. d. You will not knowingly transfer (physically or
electronically) strong encryption to denied persons, sanctioned entities,
territories, or users without ensuring that you are in compliance with U.S and
local laws and regulations. e. You will not knowingly transfer (physically or
electronically) strong encryption to, or for government
organizations/enterprises other than those of, or in: Austria, Australia,
Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece,
Hungary, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway,
Poland, Portugal, Spain, Sweden, Switzerland, United Kingdom, United States
without ensuring that you are in compliance with U.S and local laws and
regulations. By using this service you hereby certify that you understand and
agree to abide by the conditions set forth above regarding the usage of the
Service Facilitator services.
