Service AgreementSlicky 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.
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.