Terms of Service
Last updated: November 11th, 2018 @ 1:36pm PST
The following terms and conditions (the "Terms of Service", "TOS" or “Agreement”) form a binding agreement between you and us. The terms "GhostProxies", "us", "we" or "our" refers to GhostProxies.com, who offers the Services (as defined below). The terms "Customer", "you" or "your" refer to the person or legal business entity accessing or using the Site and Services, or the company or organization on whose behalf that person accesses the Site and Services.
Customer is the person or legal business entity which has accessed the website or subscribed to the services of Provider (defined as "Service", "Services" or "Paid Services" of GhostProxies). No other person is permitted to use the Service, whether by assignment, license, permission, or otherwise, on the part of Customer, or those who have gained unauthorized access via Customer to use Provider's Services. Customer is a legal business entity or an individual, and only those who are authorized employees, affiliates or agents of Customer may use the Services. Any attempt by Customer to permit use by third parties, who are not employees, affiliates and/or agents, is a breach of this TOS. Terms governing Provider's rights upon the occurrence of a breach is described in the paragraph under the heading "Breach".
Accurate Information Pertaining to User
Customer must provide complete and accurate name of itself, billing address, billing telephone number, and credit card or debit card information. In the case of credit card and debit card information, the information to be provided must include, without limitation, the issuer of the card, card number, card security code/card verification value, and expiration date.
Customer agrees to a recurring month-to-month term for Services unless otherwise agreed to in writing, by electronic mail, by instant messaging, or electronically via Provider's website. If the term for Service is month-to-month, the term is automatically renewed each month, unless Customer provides written notice of cancellation based on the terms provided below.
Fees & Payment
When you provide a Payment Method (your credit card, charge card, debit card, PayPal, or financial institution account), you confirm that you are permitted to use that Payment Method. You also authorize us to collect and store related transaction information for invoicing and bookkeeping purposes. When you make a purchase, you authorize us (and any of our payment processors) to charge the designated amount for Services to the Payment Method you designate for the transaction. We reserve the right to either suspend or terminate your Paid Services or your account with us, including deletion of your account.
Provider requires, and Customer agrees, a written cancellation notice should be made for discontinuance or downgrades of Services. Failure to supply the requisite written notice of cancellation may result to continuous charges/billing. Notice of written cancellation by Customer is to be given via contact at https://ghostproxies.com/contact. Customer may alternatively cancel and discontinue services by declining submission of future payments or cancelling through their designated Payment Method.
The advertised order delivery period of less than 10 minutes applies to all new orders made on or after July 17th, 2018, although there is a maximum setup time of up to 48 hours until Service upgrades and Services with custom requirements become available to the Customer after payment is completed (due to potential Service availability issues, technical limitations, etc). Unless an alternative delivery method is requested, all Services, instructions and deliverables will either arrive via control panel at https://ghostproxies.com/orders, or via email, sent to an email address used to initiate the Service's account, subscription or payment.
Services with item names including (with limitation) "1 Residential Proxy", "1 Dedicated Proxy", "1 Rotating Proxy - Unlimited" or "1 proxy" (defined as Risk-Free) are refundable within the first 3 days of the initial payment date. Notice of a written refund request by Customer is to be given via contact at https://ghostproxies.com/contact to be eligible for a refund.
To prevent abuse of the Risk-Free policy, after a refund is requested and granted, Customer is not eligible for a refund for any additional Services, including Services purchased by Customer from, without limitation, other related accounts, Payment Methods, IP addresses and/or email addresses. After 3 days from the intial payment date, Risk-Free is provided as-is: there are no refunds. All other Services that are not Risk-Free are provided as-is and are non-refundable. Exceptions to the refund policy may be granted at the discretion of Provider.
Member Account, Passwords and Security
Customer is responsible for maintaining the confidentiality of Customer's password and account, and is fully responsible for all activities that occur under Customer's password or account. Customer agrees to not share their password, account information or API key with anyone and failure to comply will result in immediate termination of service. Customer agrees to (a) immediately notify Provider of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Provider cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Any Customer who tampers with Provider's website in attempt to steal information, change code, intercept transmissions or perform malicious attacks of any kind will not receive purchased Services or a refund of any kind.
Customer agrees not to contest, seek reimbursement, chargeback or otherwise seek non-payment or reversal of any payment however made, without limitation, via PayPal, credit card, bank transfer, wire transfer or otherwise for Services rendered. Any such action is a breach of this TOS. Terms governing Provider's rights upon the occurrence of a breach is described in the paragraph under the heading "Breach".
Compliance with Laws
Customer agrees to abide by all laws, foreign and domestic, local, state, and federal.
Customer acknowledges that Provider may provide third party websites on Provider's website, where such websites may provide information, videos, music, images, photographs, sounds, or other contents. Provider does not, directly or indirectly, endorse, agree, or otherwise support such websites or their contents. Customer agrees not to hold Provider liable or responsible for such contents or such websites.
Customer may not resell Services or information provided by Provider's services unless otherwise agreed to in writing, by electronic mail, by instant messaging, or electronically via Provider's website. Any Customer who receives permission to resell Services will maintain a record of the total balance accumulated for individual Services provided on a monthly basis and will send payment via bank transfer or wire transfer on a monthly basis.
Customer who has agreed to join our affiliate marketing program must use our custom affiliate panel to request payouts (or contact us at https://ghostproxies.com/contact). All payout requests by Customer and amounts are subject to review and discretion of Provider to prevent fraudulent activity.
Security of Customer Information
Customer understands and agrees that Provider cannot guarantee, assure, or promise that information or data of Customer held by Provider, transmitted during use via Provider's servers (including, without limitation, any and all transmissions to and from Customer via Provider's servers) or via Customer's use of Service, will not be compromised by unauthorized access. Without limiting any right of Provider as set forth under the heading "Indemnity", Customer holds Provider harmless in the event of any breach of security to Customer's data or information as described in this paragraph.
Security of Customer's Internet Protocol ("IP") Address
Provider cannot guarantee, assure or promise that Customer's IP address may not be compromised by Provider or third parties.
Age of Customer
Without limiting the provisions under the heading "Governing Law", Customer warrants and represents that it has reached the age of majority of 18 years of age, or such other age of majority based on laws applicable to the Customer's place of residence, and further represents and warrants that it has satisfied all other legal requirements for entering into contracts, including this TOS. In the event Customer has not reached the age of majority, Customer must exit Provider's website without executing this TOS.
Customer agrees to indemnify, defend (attorney representing Provider shall be of Provider's choosing and paid for by Customer), and hold harmless Provider, Provider's affiliates, and each of Provider's officers, directors, owners, attorneys, accountants, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including all attorneys' fees) brought by a third party against Customer under any theory of legal liability arising out of or related to Customer's conduct, in tort, contract, infringement of third party's rights of whatever nature or otherwise. Without limiting what is set forth under the heading "Assignment", this provision under the heading "Indemnification" applies to any person or entity, whether or not authorized by Customer, who uses Customer's user name, Internet Protocol address, i.e. IP address, or other Customer identifying information, to use the Services of Provider, Customer agrees that Provider may, but is not obligated to, at its sole discretion, select its own legal counsel, advance attorneys' fees, all subject to reimbursement in full by Customer.
Customer acknowledges and agrees that Provider's Service and any necessary software used in connection with Provider's Service ("Software") contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Customer agrees not to access Provider's Service by any means other than through the interface that is provided by Provider for use in accessing the Service.
GhostProxies, the GhostProxies logo, and other Eightomic product and service names and logos are property of Eightomic.
LIMITATION OF LIABILITY
Provider shall not be liable for failing to provide Service(s) resulting from any condition beyond its reasonable control, including, without limitation, governmental actions, governmental regulations, any acts of terrorism, armed military conflicts, earthquakes, fires, floods, natural disasters, other acts of God, labor conditions, power failures, Internet disturbances, and failures relating to computers (networks, software, and hardware), and telephone network or services. Provider shall not be liable to Customer for harm caused by or related to Customer's use of Services or inability to utilize the Services unless caused by gross negligence or willful misconduct on its part. Provider shall not be liable for temporary unavailability of Services arising from Provider making maintenance, upgrades, or unavailability for other reasons. Provider makes no warranties, expressed or implied, including implied warranties of title, merchantability, fitness for any particular purpose, or non-infringement. Provider cannot guarantee and does not promise any specific results from use of Provider's Services. Provider shall not be liable to Customer for lost profits (even if informed by Customer), direct or indirect, special or incidental, consequential or punitive damages, or damages of any kind whether or not known, made known to, or should have been known by Provider.
The views, information and opinions expressed in Provider's website are for educational purposes only and do not necessarily reflect the views and opinions of Provider. Provider does not promote illegal activities or distribute tools for such activities through Services. All trademarks and images used in Provider's website are property of their respective owners. Please contact us at https://ghostproxies.com/contact if you believe any content within Provider's website is in any violation of law or copyright.
This TOS may not be assigned by Customer. Any assignment is void. Customer is hereby informed that Provider may form a business entity, including, without limitation, a limited liability company. Upon such occurrence, Provider shall assign to such entity this TOS, Acceptable Use Policy ("AUP"), Website Information, Services, and all matters pertaining thereto.
Acceptable Use Policy
By using the Services, you agree to abide by the Acceptable Use Policy or AUP. Please refer to GhostProxies' Acceptable Use Policy (found here: https://ghostproxies.com/aup) which explains acceptable usage of GhostProxies' Services. When you access or use the Service, you signify your agreement to this Acceptable Use Policy.
Service Level Agreement
By using the Services, you agree to the Service Level Agreement or SLA. Please refer to GhostProxies' SLA (found here: https://ghostproxies.com/sla) which explains the SLA between GhostProxies and Customer. When you access or use the Service, you signify your agreement to this Service Level Agreement.
A breach by Customer of any of the terms and provisions of this TOS, AUP, or Website Information, whether specifically stated therein as a breach, is a breach of this TOS. In the event of Customer's breach, Provider, at its sole discretion, may terminate the Service immediately and seek redress as provided in this TOS. The remedies provided in this TOS are in addition to remedies available to Provider in law and at equity. Without limiting that which is set forth under the headings of "Refunds" and "Disputes", in the event of a breach by Customer, there shall be no refunds, reimbursements, chargebacks, or otherwise.
Decline to Renew or Supply Additional Services
Without limiting any other provision in this TOS, Provider retains the right, at its sole discretion, to decline to supply additional Services to or renew Services with Customer. Provider reserves the right to terminate Services with Customer and provide a refund exception for the remaining days in the current Term without notice, due to, without limitation, inability to meet custom Service requirements and/or Service standards.
Waiver of Rights
No failure to exercise, and no delay in exercising, on the part of Provider, of any right hereunder or at law or in equity shall operate as a waiver thereof. No modification or waiver of any provision of this TOS or AUP, or Website Information, nor consent to departure therefrom, shall be effective unless in writing, by electronic mail, by instant messaging, or electronically, and no waiver or modification shall extend beyond the particular case and purpose involved, and any waiver or modification does not constitute waiver as to Provider's rights in the future.
In the event any term or provision in this TOS is found by a tribunal of competent jurisdiction to be invalid, the remainder of the TOS shall remain in full force and effect.
The use of words, without limitation, such as, "he", "she", "it", "they", "his", "hers", "its", or "theirs" shall include the masculine and the feminine, the singular and the plural.
Changes to TOS and other documents
Provider reserves the right to change at any time, without notice, the terms of this TOS, the AUP, the Website Information, or to add additional documents to its website. Provider will endeavor to provide notice to Customer of any changes or additions, but is not obligated to do so. Any notice which may be given will be given at GhostProxies.com. Customer agrees to keep itself informed and to review regularly for any and all changes to this TOS, AUP, Website Information or other documents. Customer's continued use of the Service following such changes constitutes consent to such changes.
Entirety of Understandings
This TOS, AUP, and Website Information embody are the understandings between Provider and Customer.
Read and Understood this TOS
Customer represents and warrants that it has read and understood this TOS in its entirety before executing this TOS.
All prior agreements, proposals, representations, statements, or understandings, whether written or oral, concerning such Services, are superseded by the Terms of Service.