Terms of Service
We'll sell you a service, don't go using it to be evil.
WonderProxy – Terms of Service, Effective March 20, 2011 through August 7th, 2017
Welcome to WonderProxy! We hope that you will enjoy our proxy and related services that will help you test GeoIP web applications (the "Services"). If you are looking for a description of the Services we offer without any legal jargon (which is necessary according to our lawyers...), please refer to our home page and the FAQ page.
These terms of service (the "Terms of Service") are a legal agreement between you and WonderProxy Inc., a Montreal-based company ("WonderProxy", "we", "us" or "our") setting forth, among other things, the terms and conditions for (i) your access and use of the WonderProxy.com website and any related sub-domains, which are operated by WonderProxy (the "Website"), (ii) the use of our proxies, servers, networks and other equipment necessary for the performance of the Services (collectively, the "Proxies") and (iii) the provision by WonderProxy of the Services to you.
PLEASE READ ALL THE TERMS OF SERVICE CAREFULLY
- Registration and Scope of the Services
Registration; Account Information
- We restrict access of the Services and the use of the Proxies to registered users
- Different Services (number of servers, number users, type of support, traffic bandwidth) will be made available to you depending on the type of plan you subscribe to (Individual, Team, Corporate or Enterprise) or if you try our Services during a free trial period. If need be, we can work with you to build a customized plan (send us an email)
- You agree to provide truthful and accurate account information, including but not limited to a username, password, name and valid email address (collectively, your "Account Information")
- You agree to update your Account Information as necessary to keep it accurate
Description of Services. As a subscriber of WonderProxy, you will have access to the following features:
- HTTP proxies throughout the world (number of proxies depending on service plan subscribed)
- VPN services on some of our servers (which, among other things, allows you to test flash applications)
- Use of multiple IPs (restricted to our HTTP proxies)
- Automated testing
- Live network status
- No ads, no pop-ups, no cookies
- Technical support with regards to the function of the Services
- Management of your account and Account Information
The current list of our servers as well as the type of Services offer (HTTP and/or VPN) may be found here. We may add additional services as demand dictates, and while rare we must reserve the right to remove servers from our network without notice. It is our desire for the network to grow, not contract, but should our providers cease operating it may be necessary.
Third-Party Payment Processor. Unless agreed otherwise between you and us, you understand and agree that all payments for your use of the Services will be handled by third party service providers (currently PayPal), which we may change from time to time. Your credit card information will NOT be stored by WonderProxy but by such third party service providers. By subscribing to our Services, you expressly authorize our payment partners to charge your credit card. You will be subject to the terms of service and privacy policies of our payment partners.
By default, users pre-pay for the use of the Services, and can renew by purchasing additional periods of service (one month minimum). We also offer subscriptions, which are billed on a monthly basis. Services can be cancelled as set out in Section 5 "Cancelling Your Account".
- Prohibited Acts
Prohibition. So that the Website, the Proxies and the Services are available for all users to enjoy, you may not, and hereby represent, warrant and covenant that you will not or permit or enable third party to:
access or attempt to access any of the Proxies by any means other than through our Services; or
use the Website, the Proxies or Services in a way (including without limitation by downloading, uploading, transmittng or making available any content) that (i) violates the terms of the Terms of Service; (ii) is unlawful, infringing, harmful, threatening, tortious, defamatory, libellous, abusive, obscene, invasive of another's privacy, hateful, fraudulent or malicious; (iii) harasses or advocates harassment of another person; (iv) involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming"; (v) involves the sending of any virus, Trojan horse, worm, harmful code, shutdown mechanism or similar mechanism; (vi) promotes information that you know is false, misleading, or promotes illegal activities or conduct; (vii) solicits passwords, or personal identifying information for commercial or unlawful purposes from other users; (viii) interferes with or disrupts the Website, the Proxies or the Services ; (ix) collect or "harvest" from any Proxy the information of other users for the purpose of transmittng to those other users unsolicited commercial messages; or (x) otherwise violates any local, national or other applicable law or regulation.
Sanctions. ANY USE OF THE WEBSITE, THE PROXIES OR THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THE TERMS OF SERVICE IS STRICTLY PROHIBITED AND MAY RESULT, AT WONDERPROXY'S DISCRETION, IN THE SUSPENSION OR TERMINATION OF YOUR ACCOUNT.
Contact. Any misuse of the Services or Proxies may be reported to firstname.lastname@example.org.
- Service Interruptions
Interruptions. You acknowledge that: (i) your access to and use of the Website, the Proxies and/or the provision of Services may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Website, the Proxies and/or the Services for any reason, including as a result of power outages, system failures or other interruptions; and (ii) we are entitled, without any liability to you, to suspend access to any portion or all of the Website, the Proxies and/or the Services at any time (a) for scheduled downtime to permit us to conduct maintenance or make modifications to the Website or the Proxies; (b) in the event of a denial of service attack or other attack on the Website and/or the Proxies or other event that we determine, in our sole discretion, that a risk to the Services, to you or to any of our other users may be created if the Service were not suspended; or (c) 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 (collectively, "Service Interruptions").
No Liability. WonderProxy shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur as a result of any Service Interruption.
Notice of Interruption. To the extent we are able, we will endeavour to post updates on the Website (these are normally made automatically), and through other means (e.g. Twitter, or our blog) regarding any Service Interruption and resumption of service following any such suspension, but shall have no liability for the manner in which we may do so or if we fail to do so.
Your Responsibility. You understand and agree that you are solely responsible for maintaining the confidentiality of your Account Information (including passwords) and for restricting access to your hardware device while using the Services. You agree to accept responsibility for all activities that occur under your account or from your hardware device.
No Guarantee. We endeavour to use reasonable security measures to protect against unauthorized access to your account and to any data which may be stored on the Proxies. We cannot, however, guarantee absolute security of your account or the personal information we collect, and we cannot promise that our security measures will prevent third-party "attackers" from illegally accessing the Website, the Proxies or their content. You agree to immediately notify WonderProxy of any unauthorized use of your account, or any other breach of security at email@example.com, and you accept all risks of unauthorized access to the Website, the Proxies, your Account Information and any other information you provide to WonderProxy.
Disclaimer and Indemnity. WonderProxy will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless WonderProxy, its shareholders, officers, directors, agents, employees, partners and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account.
- Cancellation and Termination of Your Account
Cancelling Your Account. Your account will be automatically terminated at the end of your pre-paid period unless renewed. Subscriptions created with PayPal may be cancelled at anytime by following the instructions provided by PayPal or by contacting WonderProxy at firstname.lastname@example.org.
Termination by WonderProxy. WonderProxy may terminate your account immediately (i) in the event of breach or violation of the Terms of Service by you or (ii) as set forth in the section "Warranty Disclaimer".
Surviving Obligations. All provisions of the Terms of Service which by their nature should survive expiration or termination shall survive the expiration or termination of the Terms of Service, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Website, the Proxies and the Services shall not relieve you of any obligations arising or accruing prior to such expiration or termination or limit any liability which you otherwise may have to WonderProxy, including without limitation any indemnification obligations contained herein.
- Intellectual Property
Grant of License. WonderProxy grants you a nonexclusive, non-transferable, worldwide, revocable license to access and use of the Website, the Proxies and the Services in accordance with the terms set forth in the Terms of Service. You need to obtain our permission if you want (i) to sell, distribute, licence or in any other way exploit, in whole or in part, the Services or the use of the Website or the Proxies (including by way of a bundle with other products and/or services) or any information or software associated with them.
Reservation of Rights. WonderProxy reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. You may not sublicense, assign, or transfer the license granted to you under the Terms of Service, and any attempt to sublicense, assign, or transfer any part of your rights under the Terms of Service is void.
Trademarks and Copyright. The following are trademarks (registered or not) of WonderProxy: "WonderProxy", as well as certain other WonderProxy trademarks, service marks, graphics, and logos (collectively, the "Trademarks") used in connection with the Website and the provision of Services. The Website may also contain third-party trademarks, service marks, graphics, and logos, including with respect to products and/or services that may be purchased on our partners' websites (collectively, the "Other Trademarks").
Copyright. All content displayed on the Website as well as all the software (including any source code) used in connection with the Website, the Proxies or Services are the exclusive property of WonderProxy or third parties and is protected by copyright laws.
No License. Nothing appearing on the Website will be construed as granting you any license, right, title or interest relating to the Trademarks, the Other Trademarks or other intellectual property used in connection with the Website, the Proxies and/or the Services (collectively, the "Intellectual Property") and the Intellectual Property remains the exclusive property of WonderProxy or its owners. Except as stated herein, you agree not to display, copy, reproduce, use or distribute any Intellectual Property without our prior written consent. Also, you cannot mirror any material contained on the Website or made available through the Services.
Feedback. If you choose to communicate to us suggestions for improvements to the Website or the Services (collectively, "Feedback"), we shall own all right, title, and interest in and to the Feedback and we shall be entitled to use the Feedback without restriction. You hereby irrevocably assign all right, title and interest in and to the Feedback to us and waive all you moral rights in the Feedback, and agree to provide us such assistance as we may require to document, perfect, and maintain our rights to the Feedback. You acknowledge and agree that: (i) your Feedback does not contain confidential or proprietary information; (ii) WonderProxy is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (iii) WonderProxy shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (iv) WonderProxy may have something similar to the Feedback already under consideration or in development; and (v) you are not entitled to any compensation or reimbursement of any kind from WonderProxy under any circumstances.
"AS IS" BASIS. THE WEBSITE, THE PROXIES AND THE SERVICES (INCLUDING ALL THEIR CONTENT) ARE PROVIDED TO YOU "AS IS." THE USE OF THE WEBSITE, THE PROXIES AND THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE WEBSITE, THE PROXIES OR THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WONDERPROXY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. WONDERPROXY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE, THE PROXIES AND THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND WONDERPROXY DISCLAIMS ANY LIABILITY RELATING THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
Warranty Disclaimer. WONDERPROXY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE PROXIES OR THE PROVISION OF THE SERVICES ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, WONDERPROXY MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE, THE PROXIES AND/OR THE SERVICES OR YOUR USE OF THE WEBSITE, THE PROXIES AND/OR THE SERVICES. IF WONDERPROXY ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE ANY PART OF OR ALL OF THE WEBSITE, THE PROXIES AND/OR THE SERVICES, WONDERPROXY WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
Your Information. YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON THE WEBSITE IS AT YOUR OWN RISK. WONDERPROXY DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
- Limitation of Liability and Indemnity
Limitation of Liability. IN NO CASE WILL WONDERPROXY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE DAMAGES OR OTHER DAMAGES, OR FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS AND EXPENSES ARISING OUT OF OR RELATING TO (I) YOUR USE, MISUSE OR INABILITY TO USE THE WEBSITE, THE PROXIES OR THE SERVICES (II) THE INTERRUPTION, SUSPENSION OR TERMINATION OF ANY PART OF OR ALL THE WEBSITE, THE PROXIES AND/OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, WARRANTY, DELICT, QUASI-DELICT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY) AND EVEN IF WONDERPROXY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTHWITHSTANDING ANYTHING TO THE CONTRARY IN THE TERMS OF SERVICE, IN NO EVENT WILL WONDERPROXY'S AGGREGATE LIABILITY FOR ANY CLAIMS IN CONNECTION WITH YOUR USE OF THE WEBSITE, THE PROXIES AND/OR THE SERVICES EXCEED THE FEES PAID BY YOU DURING THE 12-MONTH PERIOD PRECEEDING THE EVENT(S) GIVING RISE TO THE LIABILITY. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.
Indemnity. YOU WILL INDEMNIFY AND HOLD WONDERPROXY, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS, CLAIMS OR DEMANDS (INCLUDING REASONABLE LAWYERS' FEES) ARISING OUT OF (I) YOUR BREACH OF THE TERMS OF SERVICE; (II) ANY DAMAGES BY YOU OR YOUR USE OF THE WEBSITE, THE PROXIES AND/OR THE SERVICES CAUSED TO A THIRD PARTY; OR (III) YOUR USE OR MISUSE OF THE WEBSITE, THE PROXIES AND/OR THE SERVICES.
No Partnership. No agency, partnership, joint venture, or employment is created between you and WonderProxy as a result of the Terms of Service and you do not have any authority of any kind to bind WonderProxy in any respect whatsoever.
Applicable Law; Jurisdiction. The Terms of Service shall be governed by and construed in accordance with the laws of the Province of Québec, Canada, applicable to agreements made and entirely to be performed within the Province of Québec, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access the Website, the Proxies or use the Services, you agree that any action at law or in equity arising out of or relating to the Terms of Service shall be filed and adjudicated only in the federal or provincial courts located in Québec (district of Montreal), and you hereby irrevocably and unconditionally consent and adjourn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the Terms of Service.
Severability. If any of the provisions of the Terms of Service or their application is found to be invalid under any applicable statute or rule or law, they are, to that extent, deemed omitted and the validity of the other provisions of the Terms of Service will not be affected.
Questions. If you have any questions regarding the Terms of Service or wish to report any issue relating to the Website, the Proxies or the Services you were provided, please contact us by email at email@example.com.