Proxy Key ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Proxy Key Service constitutes acceptance and agreement to Proxy Key’s TOS (Terms of Service), which has the legal binding value of a contract. Ordering and/or using our services constitutes an acceptance of the terms, provisions and conditions of this contract as stipulated in both the present TOS.
All provisions of this contract are subject to the present TOS (Terms of Service).
This Agreement shall be construed in all respects in accordance with the laws of the state of New Jersey, county of Bergen applicable to contracts enforceable in that state. Venue will be Bergen County, New Jersey.
1. Disclosure to Law Enforcement: The TOS specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Proxy Key shall have the right to terminate all service set forth in this Agreement.
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers. Our Price Freeze policy applies only to the base monthly hosting plan rates for existing customers. Our rates are subject to change at any time. Should unforeseen circumstances (cost hikes in our upstream providers, etc.) arise that would force us to seek to raise the base rates of these plans, Subscriber will be notified and given the choice to remain with the Company or seek another provider of services.
3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service.
4. Payments and Fees:
a. Price Freeze Policy: We practice a policy of price freezing. This means that the customer stays permanently with the price and feature structures for which they signed up, and neither their monthly costs, nor their features can be changed, even when our prices go up/down or when we change our account features.
b. Account Renewal Policy: Accounts are automatically renewed on a per term basis, but each term must be pre-paid in advance. You must always have valid credit card information on record in order to facilitate the implementation of automatic rebilling of due accounts at renewal time. If you plan to cancel your account (not continue for the next term) you must warn us at least 10 days before your term is up. This time is critical to making sure your credit card/bank account is not charged for the next term.
5. Refund and Disputes: All payments to Proxy Key are nonrefundable. This includes subsequent charges regardless of usage. The only exclusion to this policy is the 48 hour risk-free guarantee which allows you to cancel your service within 48 hours. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Proxy Key’s sole discretion is a valid charge under the provisions of the TOS and /or TOS, you agree to pay Proxy Key an “Administrative Fee” of not less than $50 and not more than $350.
6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
7. Account Cancellation: Unless canceled within 48 hours, requests for canceling accounts must be made in writing with at least 10 days notice. All requests must be sent to: firstname.lastname@example.org.
8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.