This Appropriate Use Policy sets forth conditions of use of the services of PrivateProxyNinjas, whose related website is found at www.ninjasproxy.com. Due to the myriad possibilities in the use of proxy servers, this Appropriate Use Policy is intended only to act as a guideline to the Service offered by PrivateProxyNinjas and is not, and cannot be, all encompassing.
The following list sets forth violations of this Appropriate Use Policy, but other acts or uses, not listed herein, may also constitute violations of this Appropriate Use Policy in connection with Member’s use of PrivateProxyNinjas’ Services:
COPYRIGHT AND OTHER PROPERTY RIGHT INFRINGEMENT.
Members agree not to infringe on copyrighted, patented, other intellectual property rights, and proprietary material of third parties, under all relevant laws, foreign or domestic, federal, state, or local, including, without limitation, the Copyright Act, as amended, and the Digital Millennium Copyright Act. Bittorent or similar P2P software usage with our service is totally forbidden.
EMAIL SPAMMING ACTIVITIES.
Members agree that they will not engage in any email spamming activities, including, without limitation, the sending, re-sending, transmitting, or the like, of bulk materials by means of PrivateProxyNinjas’ Services, whether directly or indirectly. Such sending, re-sending, transmitting or the like is prohibited by any means of PrivateProxyNinjas’ Services, including, without limitation, through email, blog comment, social network message, and forum spam.
SPECIFIC ILLEGAL ACTIVITIES
Members agree not to engage in illegal activities. This includes, but is not limited to: death threats, terroristic threats, threats of harm to any individual or organization, multi-level marketing schemes, “Ponzi schemes”, invasion of privacy, credit card fraud, racketeering, identity theft, defamation, slander, and other illegal activities.
Members agree not to, without limitation, view, promote, or engage in any activity relating to child pornography, and violation of laws relating thereto, which includes without limitation, Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act, the Child Online Protection Act, Communications Decency Act of 1996, and Children’s Internet Protection Act, all as amended.
THREATS AND HARASSMENTS.
Member agree not to make threats to or harass any individual, organization or business.
Member agree that it will not engage in fraudulent activities of any kind.
DENIAL OF SERVICE ACTIVITIES.
Members agree that it will not engage in the origination of or the control of denial of service attacks, distributed denial of service attacks, or engage in similar activities.
MALWARE DISTRIBUTION ACTIVITIES.
Members agree not to engage in activities, without limitation, the distribution, fabrication, or use of malware including, virus software, root kits, password crackers, spyware, adware, key stroke capture programs and other programs normally used in malicious activity.
Members agree not to engage in gaining or attempting to gain unauthorized access to any network or system, including, without limitation, computer, telephone, telefax, and any other system of data storage.
Members agree not to engage in any activity associated with phishing or systems designed to collect personal information, including, without limitation, names, account numbers, usernames, passwords, and other identifying information.
FRAUDULENT FINANCIAL AND PONZI SCHEMES.
Members agree not to engage in the promotion, offer, or sale of interests in illegal financial or Ponzi schemes.
Members agree not to engage in any stalking of either person, organization, or otherwise.
Members agree not to engage in bullying of any person, organization, or otherwise.
DEFAMATORY REMARKS OR CONDUCT.
Members agree not to engage in any conduct or make remarks which are derogatory, demeaning, malicious, hateful, defamatory, or abusive.
Members agree not to impersonate any other person or take on any other person’s identity, whether living or deceased, or impersonate an entity or take on the identity of any entity, whether legal or informal.
VIOLATIONS ALLEGED BY THIRD PARTIES.
PrivateProxyNinjas accepts reports from third parties of alleged violations of this Appropriate Use Policy or concerning other violations. PrivateProxyNinjas will review all third party reports and may take appropriate actions, at is sole discretion, relative to his Members.
Members agree that ProivateProxyNinjas, at its sole discretion can limit the number of simultaneous connections, as well as the number of connections per section, as necessary to ensure stable service for all members. Such corrective action may include disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in PrivateProxyNinjas’ sole and absolute discretion. If PrivateProxyNinjas takes any corrective action under this section, Member shall not be entitled to a refund of any fees paid in advance prior to such action.
Upon a detecting a breach of this Appropriate Use Policy, PrivateProxyNinjas may, at its sole discretion, immediately terminate the Services to the Member, without notice, and as stated in PrivateProxyNinjas’ Terms of Service, without refund or credit, and possibly with abuse processing fees as outlined in the Terms of Service. The Member acknowledges, understands and agrees that PrivateProxyNinjas is not in a position to ascertain whether an alleged violation is real or valid, but must make a decision based on information received from such third parties. The Member agrees that PrivateProxyNinjas’ decision will be final, determinative, and binding upon Member.
PrivateProxyNinjas, at its sole discretion, may immediately terminate the Services to the Member, without notice, and as stated in PrivateProxyNinjas’ Terms of Service, without refund or credit.
The Member agree to hold PrivateProxyNinjas harmless, for relying on the third party’s report and for any action taken in response to such report. The Member further agrees to defend and indemnify PrivateProxyNinjas in the event a claim is brought against PrivateProxyNinjas or an award, judgment or the like is issued against PrivateProxyNinjas resulting from the Member’s use of the Services, all as stated in the Terms of Service.
None of the rights of PrivateProxyNinjas under this paragraph shall be limited in any way by anything else in this Appropriate Use Policy or Terms of Service.
VIOLATION OF LAWS.
The Member agrees not to engage in any activity which is in violation of civil or criminal law, foreign or domestic, whether national, state or local.
ACCESS TO CERTAIN WEBSITES.
The Member is informed and agrees that it has no access to certain websites. No attempt shall be made to access such websites via PrivateProxyNinjas’ Services. The full list can be requested via email from PrivateProxyNinjas. This list represents appendix A to Terms of Service.
USE OF CERTAIN SOFTWARE.
The Member is informed and agrees that it is prohibited from using certain software with PrivateProxyNinjas’ Services. The full list of such software can be requested via email from PrivateProxyNinjas. This list represents appendix B to Terms of Service.
The term “Member” or “Member’s” used in this Appropriate Use Policy means the person or legal identity specified under the heading “Member” in the Terms of Service. Without limiting the non-assignment provision under the heading “Assignment” in the Terms of Service, that would include Member’s purported assignees, licensees, or otherwise, and those who gain unauthorized access to use PrivateProxyNinjas’ Services via Member.
METHOD OF RESOLUTION FOR ALLEGED VIOLATIONS UNDER THIS APPROPRIATE USE POLICY.
Upon discovery by PrivateProxyNinjas of an alleged violation of this Appropriate Use Policy, the Member will be notified and given a designated time in which to respond to the alleged violation. If the Member fails to respond within the time provided, PrivateProxyNinjas may, at its sole discretion, immediately terminate the Services to the Member, without notice, and as stated in PrivateProxyNinjas’ Terms of Service, without refund or credit.
Upon receipt of Member’s response, if PrivateProxyNinjas finds a violation of this Appropriate Use Policy, PrivateProxyNinjas, at its sole discretion, may immediately terminate the Services to the Member, without notice, and as stated in PrivateProxyNinjas Terms of Service, without refund or credit.
SECURITY OF CUSTOMER INFORMATION.
The Member understands and agrees that PrivateProxyNinjas cannot guarantee, assure, or promise that information or data of the Member held by PrivateProxyNinjas, transmitted during use via PrivateProxyNinjas’ servers (including, without limitation, any and all transmissions to and from Member via PrivateProxyNinjas’ servers) or via Member’s use of Services, will not be compromised by unauthorized access. Without limiting any right of PrivateProxyNInjas under the heading “Indemnity” found in the Terms of Service, the Member holds PrivateProxyNinjas harmless in the event of any breach of security to Member’s data or information as described in this paragraph.
MONITORING OF MEMBER’S USE OF SERVICES
At its sole discretion, PrivateProxyNinjas may monitor Member’s use of PrivateProxyNinjas’ Services. Such monitoring includes, without limitation, the following: the result of notice by third parties of a possible violation of this Appropriate Use Policy; to protect or enforce PrivateProxyNinjas’s rights under the Terms of Service, this Appropriate Use Policy, or the Website Information.
“Website Information” means information posted by PrivateProxyNinjas on its website at www.ninjasproxy.com.
DISCLOSURE PURSUANT TO SUBPOENA.
PrivateProxyNinjas may be required by law to provide Member’s information pursuant to subpoena issued by a court, governmental entity or otherwise. Information shall be disclosed as directed pursuant to subpoena. PrivateProxyNinjas shall release information described in the subpoena. If permitted by law, PrivateProxyNinjas will endeavor, but is not obligated, to notify the Member that it has received a subpoena for records pertaining to the Member.
DATA COLLECTION AND RETENTION.
PrivateProxyNinjas collects and maintains an informational log, including, without limitation, information relating to Member’s uses of and websites visited by the Member via PrivateProxyNinjas’ Services, and payment by the Member and related information. Such logs are maintained for approximately 30 days, and longer if necessary, at the sole discretion of PrivateProxyNinjas.
DECLINE OF ACCEPTANCE OF NEW CUSTOMER OR RENEWAL OF PROVIDER’S SERVICES.
PrivateProxyNinjas retains the right, at its sole discretion, to decline acceptance of a potential customer, or refuse to supply additional Services to or renew Services with any Member.
TERMS OF SERVICE.
The Terms of Service are incorporated by reference and made a part hereof.
CHANGES TO APPROPRIATE USE POLICY.
The Member agrees that PrivateProxyNinjas, at its sole discretion, may change the terms of this Appropriate Use Policy without notice and that the Member shall keep itself informed of PrivatgeProxyNinjas’ Appropriate Use Policy for any and all changes by reviewing it regularly on PrivateProxyNinjas’ website.
The Member’s continued use of the Services following such changes constitutes consent to such changes.
Any breach of this Appropriate Use Policy is a breach of the Terms of Service between PrivateProxyNinjas and the Member, and subject to immediate termination, without notice, at PrivateProxyNinjas’ sole discretion.
In the event any term or provision in this Appropriate Use Policy is found by a tribunal of competent jurisdiction to be invalid, the remainder of this Appropriate Use Policy shall remain in full force and effect.