Terms of Service, Effective as of May 1, 2012
The terms of service ("Terms of Service") are a legal agreement ("Agreement") between you ("Users" or "you") and Hexasoft Development Sdn. Bhd. ("LocaProxy", "Hexasoft", "we", "us" or "our"), a company registered in Malaysia setting forth the terms and conditions for (i) your access and use of the LocaProxy.com ("Web site"), (ii) the use of our products, services, proxies, servers, networks and other equipment necessary for the performance of network proxy (collectively, the "Services") and (iii) the provision by LocaProxy of the Services to you.
Our services are subject to the following Terms of Service which we may modify at any time, and such amendments shall be effective immediately upon posting of the amended Terms of Service in our website. If you do not agree to any provisions contained in the Terms of Service, you are not allowed to use the Web site or the Services.
Accordingly, you agree to review this Terms of Service periodically, and your continued use of our Services shall be deemed your acceptance of the changes to the Terms of Service. If you wish to cancel your account because you do not agree with the amendment, please contact us by email firstname.lastname@example.org, we will refund you any amount you prepaid. We reserve the right to refuse to provide our Services to anyone at any time.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING LOCAPROXY SERVICES. BY USING THE SERVICES, YOU ARE CONSENTING TO BE BOUND BY THIS TERMS OF SERVICE. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN DO NOT USE THE SERVICES.
SCOPE OF SERVICES
LocaProxy provides subscribers access to the following features:
- HTTP proxies throughout multiple locations
- Use of multiple IP addresses
- Live network status update
- No ads, no pop-ups, no cookies injection for commercial Services
- Technical support with regards to the function of the Services
- Management of Users account
GRANT OF RIGHTS
LocaProxy grants a non-sublicensable, non-exclusive, non-transferable right to access and use the Services for internal business purposes. You agree to use the Services only in a manner that is consistent with applicable laws and regulations.
RESERVATION OF RIGHTS
LocaProxy retains all right, title and interest (including, without limitation, copyright and database rights) in and to the LocaProxy Web site, Products, Services, Information, and to the form and content thereof. LocaProxy also reserves all rights not expressly granted to Users by this Terms of Service. No portion of the LocaProxy Services may be copied, reproduced, modified, published, uploaded, posted, transmitted or distributed in any way without LocaProxy prior written permission. Neither the subscription granted to Users by LocaProxy hereunder nor this Terms of Service or any of its provisions provide Users with any title to or ownership rights or interest in the LocaProxy Services or Documentation (or any component of either), but only a right of limited access and use as expressly set forth herein.
Except as expressly permitted in this Terms of Service, Users may not, nor may Users permit others to:
- allow anyone other than Users or Users' employees to use the LocaProxy Services, or any portion thereof, without LocaProxy express written permission,
- use the LocaProxy Services to develop a similar services, or other information resource in any media for sale to, distribute to, display to or use by others,
- create compilations or derivative works of the LocaProxy Services,
- use the LocaProxy Services in any fashion that may infringe any copyright, intellectual property right, contractual right, or proprietary or property right or interest held by LocaProxy,
- store in retrieval system accessible to the public, transfer, publish, distribute, display to others, broadcast, rent, lease, assign, sell, or sub-license the LocaProxy Services, or any portion thereof unless expressly permitted under this Terms of Service,
- copy, translate, reverse engineer, decompile, decrypt, disassemble, derive source code, modify or prepare derivative works based on LocaProxy Services,
- use LocaProxy Services for any unlawful purpose including but not limited to transmitting or communicating data that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
OWNERSHIP AND INTELECTUAL PROPERTIES RIGHTS
The Users acknowledges that it has no rights to the LocaProxy Intellectual Properties and all such titles, ownership rights, and intellectual property rights in and to the LocaProxy Services, and any derived works shall remain solely with LocaProxy.
All software and technology used on this site is the property of LocaProxy or its software suppliers and protected by Malaysian and international copyright laws. The content and software on this site may be used as a promotion and selling purpose with the written consent from LocaProxy. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited.
THE USE OF SERVICES
You agree to use the Services in a lawful manner. You are responsible for any contents that transmitting through our proxy services. By way of example, but not as limitation, you agree not to:
- Violate the Terms of Service stipulated.
- Use the Services that are harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
- Harasses or advocates harassment of another person.
- Use the Services to dispatch unsolicited emails, or perform email spamming (junk mail or chain letters).
- Involves the send of any virus, worms, Trojan horse, harmful code, shutdown mechanism or similar mechanism.
- Promote illegal or malicious activities.
- Violate any local, national or other applicable laws and regulations.
LocaProxy has no obligation to monitor the use of the Services and it is your responsible to ensure the use comply with all applicable laws and regulations. You agree that LocaProxy is not responsible for any content transmitted using our Services to other parties, and LocaProxy shall not be liable for any consequences arising from the content transmitted. If you violate any Terms of Service, your account will be terminated at LocaProxy discretion.
The Users may have access to confidential, proprietary or trade secret information of LocaProxy, including, without limitation, the LocaProxy Services. The Users will use the Confidential Information for the purpose(s) for which it is provided. The Users agrees not to intentionally disclose or intentionally make available to any third party information received from LocaProxy in any form without the express written approval of LocaProxy. In particular, the Users agree that it will not publish to any third party findings of any evaluation of the LocaProxy Services against competitive products without the express written approval of LocaProxy. Neither party will make any public announcements concerning the other party or this Terms of Service.
Neither party will discuss the other party or this Terms of Service with any third parties or representatives of the press without the other party's written approval.
LocaProxy current fee schedule for using the LocaProxy Services are posted on the LocaProxy website (url: http://www.locaproxy.com). Users pre-pay for the use of the Services by subscription, which are billed on a monthly basis. Users shall be responsible for paying all fees associated with the use of the LocaProxy Services. All fees payable by Users to LocaProxy pursuant to this Terms of Service is not refundable except as otherwise provided in this Agreement. LocaProxy has the rights to change the price anytime without prior notice.
TAXES AND DUTIES
The Users shall be responsible for all applicable federal, state, municipal, sales, value-added, use, excise and other taxes or duties payable in respect of this Agreement
This Agreement is effective from the date of acceptance by LocaProxy of your application for credentials to access the LocaProxy Services until terminated in the manner provided herein.
- LocaProxy may terminate this Agreement, without cause and for its convenience, upon seven (7) days' advance notice to the Users.
- The Users may terminate this Agreement at any time by giving thirty (30) days advance notice to LocaProxy.
- Notwithstanding anything stated herein, this Agreement will result in automatic termination upon the happening of any of the following events:-
- failure to renew the subscription attached to the provision of services under this Terms of Service; or
- any unauthorized usage of Services; or
- failure to comply with any Terms of Service stipulated.
CONSEQUENCES OF TERMINATION
- Upon termination of this Agreement, the Services shall immediately cease and the Users shall:
- promptly cease provision of services based in whole or in part on the LocaProxy Services;
- promptly cease the distribution of and/or the provision of services based on the LocaProxy
- Unless otherwise provided under this Agreement, in the event of any termination for whatever cause, no refund of monies or compensation will be paid by LocaProxy to the Users.
- Termination of this Agreement shall be without prejudice to the accrued rights and liabilities of LocaProxy and Users at the date of termination, unless waived in writing by mutual agreement of the parties.
COMPLIANCE WITH LAWS
The Users agrees to fully comply with all applicable provisions of federal, state, and local laws, rules and regulations of the country where Users resides and or where the Services is used including the laws of Malaysia, relating to any subject matter in this Terms of Service, and Users agrees to hold LocaProxy, its agents, officers and employees harmless from any and all liability, costs, including, but not limited to attorney's fees, and damages resulting from failure of compliance.
This Terms of Service shall be treated as though it were executed in the State of Penang, West Malaysia and shall be governed and construed in accordance with the laws of the Malaysia (without regard to conflict of law principles) and the forum of settlement shall be in the state of Penang, Malaysia.
Should any provision of this Terms of Service be held void, invalid or inoperative, such decision shall not affect any other provision hereof, and the remainder of this Agreement shall be effective as though such void, invalid or inoperative provision had not been contained herein.
LocaProxy may change or modify the information, services, products, materials, and any other resources contained on or accessible through their sites, or discontinue their sites altogether, at any time without notice and any penalty, compensation or refund of monies to Users.
The Users acknowledges that it is required to complete a registration process. The Users certifies, represents and warrants to LocaProxy that the information that is provided on behalf of the Users in the registration process is true, accurate, complete, current, and that it belongs to the Users or the party registering on the Users' behalf. The Users certifies to LocaProxy that the individual registering on its behalf is at least 18 years old and has the legal capacity to form a binding contract under the law of Malaysia. The parties each represent and warrant to each other that each has the full right and authority to enter into, deliver and perform its obligations under this Agreement and all documents and instruments and transactions contemplated hereby or incidental hereto. It is agreed and warranted by the parties that the individuals entering into this Agreement on behalf of the respective parties are authorized to bind to such an agreement the party on whose behalf such individual has acted. No further proof of such authorization is or shall be required.
The Users may not sublicense, assign or transfer directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of LocaProxy. Any such attempt to sublicense, assign or transfer any of the rights, duties or obligations hereunder without LocaProxy's prior written consent is void.
LocaProxy may amend this Terms of Service at any time. Any such amendment(s) shall be binding and effective upon the earlier of (i) the date that is after posting of the amended Agreement on Web site, or (ii) the date that LocaProxy provides notice to the Users of the amended Agreement pursuant to the notice provisions in this Agreement.
The Users may immediately terminate this Terms of Service upon notice to LocaProxy if a change is unacceptable to the Users. The Users' continued use of the LocaProxy Services following notice to the Users of a change shall constitute the Users' acceptance of the change.
Notices given under this Agreement shall be in writing and sent by (i) facsimile, e-mail, or by (ii) mail registered or certified mail, postage prepaid. LocaProxy shall direct notice to the Users at the facsimile number, e-mail address, or physical mailing address (collectively, "Address") the Users provided in the registration process. The Users shall direct notice to LocaProxy at the following address:
Hexasoft Development Sdn. Bhd.
70-3-30A D'Piazza Mall,
11950 Bayan Baru,
Fax: +(60)4 6402381
Any notice sent by way of the means described in (i) above will be deemed to have been given and received on the date on which it was transmitted provided that if such notice has not been transmitted on a business day or it was not transmitted prior to 5:00 p.m. (Malaysian standard time shall be eight hours in advance of Greenwich mean time throughout the year) on the business day that it was transmitted, then it will be deemed to have been given and received on the next business day thereafter. For the purpose of this Terms of Service, the term "Business day" shall mean day that is not a Saturday, Sunday or public holiday or bank holiday in the state of Penang, Malaysia. Any notice sent by the means described in (ii) above will be deemed to have been given and received on the third business day following the date upon which it has been mailed. Either party may change its Address for notice at any time by giving notice to the other party of the new Address as provided in this section.
These Terms of Service constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements and understandings.
The terms and provisions of this Agreement shall be binding upon, and shall inure to the benefit of, the parties and their respective permitted assigns, legal representatives and successors in interest.
NO THIRD PARTY BENEFICIARIES.
No term or provision of this Agreement is intended to be, or shall be, for the benefit of any person or entity not a party hereto, and no such other person or entity shall have any right or cause of action hereunder.
SURVIVOR OF PROVISIONS
The non-disclosure provisions of this Terms of Service shall survive the termination of this agreement.
The Services may provide, or third parties may provide, links to other Internet sites or resources. Be aware that LocaProxy.com or LocaProxy does not control, makes no guarantees about, and disclaims any express or implied representations or warranties about the accuracy, relevance, timeliness, completeness, or appropriateness for a particular purpose of the information or the resources contained on these or any other Internet sites. Further, the inclusion of these links is not intended to reflect the importance of these other sites or endorse any of the views expressed in, or Services offered by, these other sites.
Your access and use these and any other Internet sites, including the information, services, products, materials, and any other resources contained on them, solely at your own risk.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL LOCAPROXY BE LIABLE TO THE USERS OR ANY OTHER THIRD PARTY FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT OR SERVICES PROVIDED UNDER THIS AGREEMENT OR THE BREACH OF THIS AGREEMENT OR RELATING TO ANY OTHER SUBJECT MATTER OF THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LOCAPROXY'S LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY RECEIVED BY LOCAPROXY IN CONNECTION WITH THE PROVISION OF LOCAPROXY SERVICES UNDER THIS AGREEMENT AND USERS AGREE THAT THE FOREGOING SHALL CONSTITUTE USERS'S EXCLUSIVE REMEDY. THE USERS HEREBY RELEASES LOCAPROXY, ITS OFFICERS, EMPLOYEES AND AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.
DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
Your use of The Services are at your sole risk. The Services are provided on an "As Is" and "As Available" basis. LocaProxy expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
LocaProxy make no warranty that:
- The Services will meet your requirements,
- The Services will be uninterrupted, timely, secure, or error-free,
- The quality of any Products, Services, Information, or other material obtained by you through LocaProxy will meet your expectations, and
- Any errors in the Services will be corrected.
No advice or information, whether oral or written, obtained by you from LocaProxy or through or from the Services shall create any warranty not expressly stated in the Agreement.
THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE ARE PROVIDED "AS IS" AND ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, LOCAPROXY.COM AND HEXASOFT DEVELOPMENT SDN. BHD. DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE.
You agree to indemnify, defend, and hold harmless LocaProxy.com, Hexasoft Development Sdn. Bhd. and its affiliates from any liability, loss, claim, and expenses (including reasonable attorneys' fees) related to your violation of the Services.
SECURING YOUR ACCOUNT
You agree that it is your sole responsibility to safeguard the confidential of your account information, and prevent other unauthorized party to illegally use the Services. LocaProxy make no guarantee in detecting the unauthorized access and you agree to immediately notify LocaProxy shall you notice any breach of the security. LocaProxy will not responsible for any damages or losses arising from the unauthorized access.
You acknowledge that the Services provided can be interrupted for various reasons, such as
- Unanticipated or unscheduled downtime due to any reasons
- Scheduled downtime allowing us to perform services upgrade or maintenances
- In the event of violation to the agreed Terms of Service or Agreement
- In the event of a denial of service attack or other attacks
- In the event that we determine that any Service is prohibited by law or we otherwise determine that it is necessary or prudent to do so for legal or regulatory reasons
- And, other events that we determine in our sole discretion
LocaProxy shall have no liability to any damages, losses or whatsoever consequences that you may incur as a result of the service disruptions. LocaProxy will endeavor to provide the updated news or status pertaining to the service disruptions on the LocaProxy Web site, but shall not be liable for any consequences if we fail to do so.
LocaProxy uses the Checkout as third-party payment gateway. Checkout is an Internet Payment Service and Solution operated by Checkout Ltd, United Kingdom. By subscribing to our Services, you expressly authorize our third-party payment gateway to charge your credit card.
Should either party institute or participate in a legal or equitable proceeding against the other party seeking to enforce or interpret this Agreement, then each party in the proceeding shall pay their own costs, expert and professional fees, and attorney fees, including costs and fees on appeal.
Neither party shall be liable to the other for its failure to perform any of its obligations hereunder during any period in which such performance is delayed by circumstances beyond its reasonable control, provided that the party experiencing such delay promptly notifies the other party of the delay.
FAILURE TO ENFORCE
The failure of LocaProxy to enforce any provision of these terms and conditions shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
LocaProxy is a trademark of Hexasoft Development Sdn Bhd. All other product names are trademarks or registered trademarks of their respective companies.