Public offer (user agreement)

COMMON INFORMATION

Before using the Services of the https://proxy-sale.com/en/, We urge you to read carefully our PUBLIC OFFER (hereinafter - the “Agreement”) for further successful cooperation with us. You automatically confirm informed consent to this PUBLIC OFFER, by using the PROXYSALE’s Services available on the website located at the https://proxy-sale.com/en/ (hereinafter referred to as the “Website”).


If you do not carefully read, do not fully understand, or do not agree with this Agreement, you better immediately stop using the Website and PROXYSALE’s Services. 


INTERNET CONNECTION BROKER LTD is a company registered in Bulgaria, and address: Vitosha boulevard 15, fl. 4, apt/office 2, Sofia, Bulgaria, 1000 (hereinafter referred to as “PROXYSALE”) may change this PUBLIC OFFER at any time without notice, effective upon their posting to the Website. Your continued use of PROXYSALE shall be considered Your acceptance of the revised PUBLIC OFFER. 


By accessing and/or using the Services, you agree to this Agreement and conclude a legally binding agreement with INTERNET CONNECTION BROKER LTD (hereinafter referred to as “PROXYSALE”), regardless of whether you register your Personal Account or not. 


For people who use the Service for this PUBLIC OFFER, we define the term “you”, “your”, “yours” or the “Customer” in this Agreement.   


You may only visit the Website and/or use PROXYSALE's Services if you agree to this Agreement in its entirety. You confirm your informed assent to this Agreement, any other appendices to this Agreement about the use of any PROXYSALE's Services, and any other documents referred to in this Agreement if you use PROXYSALE's Services. As of the date of the Customer's acceptance of this Agreement, it becomes binding between the Customer and PROXYSALE.


You agree to the terms of this Agreement by accepting it. While you (1) select the box indicating approval of the Agreement when creating your Personal Account, or (2) complete and confirm the Order Form that relates to this Agreement, you accept this Agreement.


Monitoring the availability, performance, or functionality of Services, as well as any other benchmarking or competitive objectives, is banned. Furthermore, direct competitors of PROXYSALE are not permitted to use the Services without PROXYSALE's prior written approval.

1. MEANINGS

1.1  “Customer” - 1) an individual who has accomplished the age of 18 and accepts this Agreement on their behalf, or 2) a legal entity, represented by an individual who accepts this Agreement on behalf of such a legal entity, that has placed and paid for an order seeking to use the Services. 

1.2  “Order Form” -  an online form that allows the Customer to place an order for PROXYSALE's Services on the Website, specifying the country of proxy servers, the goal of their use, the Internet protocol version, the number of proxy servers, their rental period and also the method of authorization and form of payment.

1.3  “Ordering” - online order, which is carried out by filling out the “Order Form” on the Website to place an order for PROXYSALE’s Services, and by subsequent payment for the order. 

1.4  “Personal Account” - the Customer’s account on the Website through which the Customer can use the Services. Personal Account allows the Customer to track the expiration date of use of the Services, renew them, and place an order for new Services. 

1.5  “PROXYSALE’s Services” or “Services” - the provision of exclusive access to the Services, which are made available to the Customer in their Personal Account within 24 (twenty-four) hours of ordering and paying for the Services.

1.6  “User” - 1) in case of an individual accepting this Agreement on their behalf, such an individual, or 2) in case of an individual accepting this Agreement on behalf of a company or other legal entity, an individual who is authorized by such a legal entity (by Customer) to use purchased Services, and to whom the Customer has supplied a user identification and password. Users may include, for example, the Customer, employees, consultants, contractors, and agents of the Customer, as well as third parties with whom the Customer runs a business.


2. THE SUBJECT OF THE AGREEMENT

This Agreement regulates PROXYSALE’s Services provided to the Customer. 

2.1 The Customer is obliged to pay for Services that are provided by the PROXYSALE in the amount and for the period specified in the applicable Order Form, and the Customer has to use these Services under this Agreement and the Terms of Use of PROXYSALE’s Services <link>.


3. PROVISION OF PROXYSALE’S SERVICES

We want to make our Services as convenient as possible for you; as a result, we reserve the right to change, update, and restrict the usage of our Services, perform preventative maintenance, and acquire access to your Personal Account without your agreement.


Under normal circumstances, we strive to offer Customers access to the Website 24 hours a day, seven days a week; nevertheless, we will not be liable if the Services are unavailable at any time or for any period for any reason. Due to system failure, maintenance, or repair, or for circumstances beyond our control, access to the Services may be temporarily suspended without notice.

3.1 PROXYSALE provides the Customer with access to the Services under this Agreement, namely, grants the Customer access to the Personal Account: transmits a unique login and password that grants the Customer sole access to the Services of the list of proxy servers to which the Customer has access.

3.2 PROXYSALE may give the necessary advice on connecting to the Services and setting up the software by email, telephone, or PROXYSALE's help chat to make it easier for the Customer to utilize the Services.

3.3 PROXYSALE use commercially reasonable efforts to make the purchased Services available 24 hours a day, 7 days a week, except for:

3.3.1 any unavailability caused by circumstances beyond PROXYSALE’s reasonable control, including, for example, natural disasters, an act of government, flood, fire, earthquake, civil unrest, an act of terrorism, strike or other labour problem, inability to provide the Service due to the fault of third parties (for example, Internet service provider failure or delay or denial of service);

3.3.2  planned maintenance.

3.4 ROXYSALE provides the Services following the laws and regulations that are applied to PROXYSALE's provision of Services to its customers in general (i.e., regardless of Customer's specific use of the Services), and subject to Customer's use of the Services following this Agreement and the applicable Order Form (s).

3.5 PROXYSALE has no control over the Customer's activities relating to its usage of the Services or any other services that the Customer supplies or receives.

3.6 PROXYSALE may gather statistics data, such as the number of orders and other information about the Customer's general activity.

3.7 While placing an order, PROXYSALE creates the Customer's Personal Account. PROXYSALE has the right to create and delete such a Personal Account if the Customer violates the terms of this Agreement or if the Customer requests it.

3.8 PROXYSALE reserves the right to change, modify or update the Website without prior notice or approval from the Customer.

3.9 PROXYSALE is entitled to impose limitations on the use of the Services based on the proxy server type.

3.10 PROXYSALE may send Customers messages, requests, advertising, informational, or other communications, such as notices concerning the expiration of PROXYSALE's Services.

3.11 PROXYSALE may perform preventative maintenance, which may include the suspension of the Website, to maintain the security of the Website and the use of the Services by Customers, as well as to improve the quality of the supply of such Services.

3.12 In the event of a hacking, loss, or change of login, PROXYSALE may restore access to the Customer's Personal Account.

3.13 The Customer understands and agrees that, in spite of PROXYSALE's best efforts, the Website may be hacked, infected with Internet viruses, malware, system and software viruses, and other threats. PROXYSALE reserves the right to take any corrective steps or compromises it deems necessary in such situations, and the Customer acknowledges and accepts that PROXYSALE will not be liable to the Customer for any damages incurred as a result of such corrective actions or compromises.

3.14 Without the Customer's consent, PROXYSALE may assign its rights and/or obligations under this Agreement and/or transfer ownership of the Website to third parties.

3.15 PROXYSALE reserves the right, in its sole discretion, to reject or cancel access to the Services.

3.16 PROXYSALE can only give the Customer the proxy type and number that PROXYSALE has on hand at the time of the Ordering. If PROXYSALE does not have the number of Services that the Customer purchased and paid for, PROXYSALE reserves the right to provide them, and the Customer must choose one of the following options (at their discretion): 

3.16.1 PROXYSALE may order proxy servers required for the provision of the Service and make them available to the Customer within a mutually agreed-upon timeframe; 

3.16.2 PROXYSALE may modify the country of proxy servers entirely or in part; 

3.16.3 PROXYSALE may refund the money in whole or in part (for that part of the proxy servers that is not available).

4. PROXYSALE’S SERVICE USE 

Please refrain from taking any activities that may have a detrimental impact on the Website or interrupt our operations.

4.1 After placing an order, the Customer can use PROXYSALE's services, which include sole access to and usage of the list of proxy servers to which the Customer has access for the term provided in the Order Form.

4.2 The Customer is obliged:

4.2.1 to be liable for Users' adherence to the provisions of this Agreement and Order Forms;

4.2.2 to comply with all applicable laws and any other contractual terms governing the use of PROXYSALE’s Services (and/or any related activities or transactions), including specific legal rules applicable to the Customer;

4.2.3 not to perform any activities that might be regarded as a violation of applicable legislation or international law, as well as any actions that cause or could disrupt the Website's proper functioning; 

4.2.4 to bear personal responsibility for the use of the Services;

4.2.5 to be accountable for the accuracy, quality, and legality of the personal data submitted by Users to the Customer; 

4.2.6 to make timely payments under this Agreement and the appropriate Order Form; 

4.2.7 to take commercially reasonable steps to prevent unauthorized third-party access to or use of the Services, and to promptly notify PROXYSALE of any such unauthorized access or use; agree only to use the Services under this Agreement, Order Forms, and all applicable laws and regulations; not to do anything that might affect PROXYSALE or other Customers, such as: 

(1) change, make derivative products, adapt, process, copy, transmit to other resources, translate, assemble, disassemble, and deconstruct the Website (or any part of it), any PROXYSALE content;

(2) access, purchase, modify PROXYSALE or in any way reproduce or circumvent PROXYSALE's navigation structure with robots, web spiders, or other automated devices, applications, scripts, algorithms, methodologies, or similar processes to obtain or attempt to obtain any materials, documents, services, or information not permitted to the Customer for general access;

(3) pretend to be any other person or entity; 

(4) send spam, junk mail, fraudulent mailings, phishing, chain letters, pyramid schemes, or participate in other unethical marketing or promotional activities using PROXYSALE and/or the Website; 

(5) upload to the Website system and software viruses, actual or potentially harmful spyware or hacking programs, destructive or aggressive codes or components, other computer codes, files, or applications designed to, or that could otherwise intercept, destroy, or limit the functionality of any computer software, hardware, system, or telecommunications equipment, as well as use PROXYSALE to design, distribute, and/or otherwise transmit or reproduce any of the foregoing;  

(6) access PROXYSALE or other Customers' accounts using any techniques or technologies (for example, web scraping and automatic data gathering), unless you do so legally through PROXYSALE's public interface; 

(7) PROXYSALE can be used for benchmarking or other types of competitive analysis, as well as to develop a competitive website. 

Anyone who is not a Customer under this Agreement but uses the Services and/or the Website agrees to follow PROXYSALE's Service procedures to the same extent as the Customer.

4.3 Any use of the Services by the Customer or Users in violation of the foregoing that, in PROXYSALE's opinion, threatens the security, integrity, or availability of PROXYSALE's Services may result in an immediate suspension of the Services; however, PROXYSALE will use commercially reasonable efforts under the circumstances to provide the Customer with notice and an opportunity to remedy such breach or threat before any such suspension, unless the Customer's actions are the cause of the breach or threat.

4.4 Usage Limitations. The Customer shall not:

4.4.1 unless clearly specified otherwise in the Order Form or particularly agreed between the Customer and PROXYSALE, make any Service available to anyone other than Users, or utilize any Service for the benefit of anyone other than the Customer;

4.4.2 Without PROXYSALE's prior written authorization, you may not sell, resell, license, sublicense, distribute, make available, rent, or lease any Service; 

4.4.3 use the Services to store or transmit material that violates third-party privacy rights, infringes on copyright and/or other intellectual property rights, is defamatory or otherwise illegal or harmful, or to store or transmit material that infringes on copyright and/or other intellectual property rights; 

4.4.4 storing or transmitting harmful code through the Services; 

4.4.5 take action to disclose the Website's vulnerability or intended at hacking the Website, interfere with or disrupt the integrity or operation of the Services or third-party data included therein;

4.4.6 attempting to obtain unauthorized access to any Service, or any of its linked systems or networks; 

4.4.7 permit direct or indirect access to or use of any Services in a way that violates contractual use limits, or use any Services to access or utilize any of PROXYSALE's intellectual property except as expressly permitted by this Agreement and the Order Form.

4.5 Without PROXYSALE's prior written authorization, not modify, copy, or create derivative works based on the Service and/or the Website, or any component, feature, function, or user interface thereof;

4.6 Without PROXYSALE's prior written consent, not frame or mirror any part of the Website and/or any Service, except for framing on the Customer's intranets or for other internal business purposes;

4.7 access to, or dismantle, modify or decompile the Service to:

(1) copy any ideas, features, functions, or graphics of the Service and/or the Website; or 

(2) determine whether the Services are within the scope of any patent;

(3) build a competitive product or service;

(4) build a product or service using similar ideas, features, functions, or graphics of the Service and/or the Website; 

(5) To participate in the referral program, you must create bogus Personal Accounts;

4.8 use the Services to:

(1) create phishing sites;

(2) make brute-forcing attacks;

(3) commit Internet fraud and other illegal activities;

(4) download materials via torrent clients (uTorrent, BitLord, etc.);

(5) distribute the intellectual property of others without the knowledge of the copyright holder (video and audio files, software, games, etc.);

(6) review, download or distribute pornographic content.

5. REGISTRATION, SECURITY, AND PERSONAL ACCOUNT ACCESS 


Your Personal Account is totally your responsibility. Make sure your personal information is accurate and that your Personal Account is secure.


The Customer's Personal Account may be suspended or terminated at any time. If you believe your access was suspended or terminated in error, please contact [email protected].

5.1 The Customer obtains a login and password to access the Personal Account after completing all of the required procedures for the Ordering. The Customer's login and password are supplied to the e-mail address provided on the Order Form by the Customer.

5.2 Before placing an Order, a potential Customer can create a Personal Account by filling out the registration form on the Website.

5.3 A Personal Account can be created by any individual or legal entity who can be a Customer or User under this Agreement.

5.4 The Customer must complete the registration process to create a Personal Account, which includes creating a unique login and password as well as providing an e-mail address.

5.5 It is important to give details when creating a Personal Account and using PROXYSALE's Services. It is recommended that you provide accurate contact information, since PROXYSALE may use these to connect with you.

5.6 Only one Personal Account can be created. The same Personal Account is used by the Customer whether he or she uses two or more types of Services. For all sorts of Services that the Customer uses, the relevant information is entered into the Personal Account.

5.7 PROXYSALE does not advocate posting or storing personal or confidential information in the Personal Account/on the Website and assumes no liability if such information is compromised, lost, or damaged.

5.8 PROXYSALE may change, suspend, terminate access to the Customer’s Personal Account or access to the Website: 

5.8.1 if the Customer violates the applicable law or international law; 

5.8.2 if PROXYSALE, at its discretion, determines that the Customer has violated this Agreement; 

5.8.3 when the use of the Services expires;

5.8.4 under other circumstances, if PROXYSALE considers it necessary. 


6. PAYMENT AND FEES 

PROXYSALE charges for its services. The tariffs accessible on the Website https://proxy-sale.com/en/ are used to establish the prices for the Services.

6.1 PROXYSALE's services are pre-paid. 

6.2 All fees indicated in the Order Form(s) must be paid by the Customer. Except as otherwise specified herein or in the Order Form,

6.2.1 fees are based on the Services purchased and not actual usage;

6.2.2 payment obligations cannot be cancelled  and fees paid can not be refunded after 24 (twenty-four) hours from the Ordering;

6.2.3 quantities purchased cannot be decreased after they are paid. 

6.3 Prices for the Services are listed in USD and other currencies (conversion is done automatically on the Website).

6.4 The Customer makes payments using the online banking or payment systems specified in the Order Form. By previous arrangement, PROXYSALE may issue an invoice to the Customer in some instances.

6.5 All costs associated with the transfer of funds, including the services of a banking institution and a financial agent, are borne by the Customer.

6.6 The Customer bears complete responsibility for the accuracy of its payments.

6.7 PROXYSALE relies on the Customer to provide complete and correct information about the Customer's payment details, as well as to notify PROXYSALE of any changes to that information. If the Customer's payment information changes, the Customer is fully responsible for any payments made with the old information.

6.8 PROXYSALE has the right to unilaterally examine and adjust the prices for PROXYSALE's Services. New tariffs for the Services become effective as soon as they are published on the Website.

6.9 PROXYSALE maintains the right to reimburse paid fees at its sole discretion if the Customer is unable to utilize the Services due to technical difficulties.

7. LICENSES 

The Website and all of its components are solely owned by us. 


7.1 License to Use Feedback. The Customer grants PROXYSALE a royalty-free, worldwide, perpetual, irrevocable license to use and incorporate into its services any suggestion, enhancement request, recommendation, correction, or other feedback relating to the operation of PROXYSALES' Services and/or PROXYSALE provided by the Customer or Users. 

7.2 License to Use Name, Commercial Name, Trademarks, and Logos. The Customer grants PROXYSALE a worldwide, perpetual, irrevocable, royalty-free license to place its name, commercial name, trademarks, and logos on the Website.

8. DUTIES AND  PROPERTY RIGHTS

You are responsible for your activities as well as the resolution of any difficulties connected to third-party claims brought against you. We are not liable for any obligations you may have to third parties.


8.1 Rights are reserved. PROXYSALE reserves all rights, titles, and interests in and to the Services, including all related intellectual property rights, subject to the limited rights expressly provided below. Other than as specifically set forth above, the Customer has no rights under this Agreement.

8.2 PROXYSALE is not liable for any actions taken by the Customer as a result of using PROXYSALE's Services, including the Customer's use of the Services in violation of applicable law or international law, the Customer's breach of third-party duties, and so on.

8.3 PROXYSALE is not liable for any inconsistencies in information concerning the geolocation of IP addresses discovered by the Customer while reviewing such information on other websites, and cannot make any guarantees. Such inconsistencies could be caused by out-of-date databases or other factors beyond PROXYSALE's control.

8.4 PROXYSALE is not liable for any information that the Customer posts on the Website.

8.5 The Customer agrees to hold PROXYSALE's Website and other third-party partners harmless from claims arising from other Customers' or third-party partners' carelessness. 

8.6 PROXYSALE is not liable for the actions of other Customers or third parties, nor for the accuracy, reliability, or timeliness of the information they give. PROXYSALE is not liable for any claims, damages, or losses arising from the Customer's use of the Website.

8.7 PROXYSALE is not liable for the Customer's enforcement of this Agreement against third parties. Although PROXYSALE encourages customers to report any suspected violations of this Agreement by other customers or other parties. PROXYSALE has the right to conduct an investigation and take appropriate action at any time.


9. PRIVACY 

The handling of Confidential Information is governed by this Agreement and the Privacy Policy <ссылка на Политику>

9.1 Confidential Information is defined as information that is not publicly available. "Confidential Information" refers to all information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or that should be reasonably understood to be confidential given the nature of the information and the circumstances of disclosure.

9.2 The Customer's data is considered Confidential Information. 

9.3 PROXYSALE's confidential information comprises the Services as well as the terms and conditions of all Order Forms (including pricing).

9.4 Business and marketing plans, technology and technical information, product ideas and designs, and business procedures provided by each party, as well as the content of communications between the parties, are all considered confidential information.

9.5 Confidential Information, on the other hand, does not include any information that: 

9.5.1 without breaching any obligation owed to the Disclosing Party, is or becomes widely known to the public,

9.5.2 without breach of any obligation owed to the Disclosing Party, was known to the Receiving Party prior to its disclosure by the Disclosing Party,

9.5.3 is acquired from a third party without the Disclosing Party breaching any obligation, or 

9.5.4 The Receiving Party came up with it on its own.

9.6 The non-disclosure duties specified in this "Confidentiality" section apply to Confidential Information transmitted between the parties in connection with the evaluation of additional PROXYSALE's Services, for the avoidance of doubt.

9.7 Confidential Information Protection. Each party retains all ownership rights in and to its Confidential Information as between the parties. The Receiving Party will take the same level of care to safeguard the confidentiality of its confidential information of a similar nature as it does to protect the confidentiality of its confidential information of a similar nature (but not less than reasonable care) to:

9.7.1 not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement; 

9.7.2 except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of Confidential Information than those herein. 

9.8 Without the other party's prior written consent, neither party will disclose the terms of any Order Form to any third party, legal counsel, or accountants, provided that a party who makes such disclosure to its legal counsel or accountants remains responsible for such legal counsel or accountant's compliance with this "Confidentiality" section. 

9.9 Regardless of the foregoing, PROXYSALE may reveal the details of any applicable Order Form to a subcontractor to the extent necessary to perform PROXYSALE's duties under this Agreement, subject to confidentiality provisions that are materially similar to those set forth herein. 

9.10 Disclosure is compelled. The Receiving Party may disclose the Disclosing Party's Confidential Information if required by law, provided that the Receiving Party provides the Disclosing Party with prior notice of the compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's expense, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is required by law to disclose the Disclosing Party's Confidential Information as part of a civil proceeding in which the Disclosing Party is a party, and the Disclosing Party does not object to the disclosure, the Disclosing Party will reimburse the Receiving Party for the reasonable cost of compiling and providing secure access to that Confidential Information.


10. LIABILITY LIMITATION 

10.1 Limitation of Liability. In no case shall each party's total liability arising out of or in connection with this Agreement exceed the total amount paid by the Customer for the Services giving rise to the liability.

10.2 PROXYSALE shall by no means be held liable for:

10.2.1 any difficulty, fault, or error that happens as a result of the Customer's failure to follow PROXYSALE's instructions, procedures, or other specifications when using the Service, or as a result of the Customer's breach of any of the Agreement's obligations,

10.2.2  difficulties arising as a result of continued usage of the Service with software or hardware that is incompatible with the Customer's operating system for which the Service was provided,

10.2.3 any loss, corruption, or damage to software or data, regardless of cause or source, if the loss, corruption, or damage could have been avoided and remedied if the Customer had implemented a regular backup system,

10.2.4 The Customer's website, which is utilized in conjunction with the Service, may have a change or design defect,

10.2.5 introduction of a computer virus that causes PROXYSALE's website to malfunction,

10.2.6 the unauthorized entry of a third party into a computer system, causing PROXYSALE's Website to malfunction, 

10.2.7  a change in the host or hosting system,

10.2.8 PROXYSALE's website is currently unavailable due to a network outage,

10.2.9 an event involving the technical infrastructure of the Customer In any case,

10.2. 10 PROXYSALE's financial liability under this Agreement will be limited to one hundred per cent (100%) of the payment made by the Customer for the Service during the twelve months preceding the occurrence of the event that caused the damage or loss; however, if one or more events caused the same damage or loss, all of them will be treated as a single event.


11. TERM 

If you request it, if you break this Agreement, the law, or the rights of third parties, or if you cease to be the Customer, we may deactivate your Personal Account.


11.1 When the Customer accepts this Agreement, it becomes effective and remains in effect until the term for the supply of all Services under this Agreement expires or the Services are discontinued.


11.2 The duration of each Service is specified in the relevant Order Form and is also visible in the Customer's Personal Account. PROXYSALE sends a communication to the Customer when the period for the provision of the Services expires. The Customer can pick the type and amount of Services it wants to renew at any time before the term for providing the Services expires. The Services can be renewed by placing a new order in your Personal Account. The Services will be renewed at the appropriate PROXYSALE list price in force at the time of the applicable renewal.


12. TERMINATION

12.1 PROXYSALE may unilaterally terminate this Agreement and the provision of PROXYSALE's Services if the Customer violates the terms of this Agreement.

12.2 The sections and subsections titled “General Information”, “Definitions”,   “Fees and Payment”, “Proprietary Rights and Licenses”, “Confidentiality”, “Responsibility”, “Disclaimers”, “Limitation of Liability”, “Term and Termination”, “Disputes and Disagreements Resolution” and “Surviving Provisions” will survive in case of any termination or expiration of this Agreement, and the parties obligations under the section titled “Confidentiality” will survive in case of any termination or expiration of this Agreement for so long as parties retain possession of data of the other party.


13. RESOLUTION OF DISPUTES AND DISAGREEMENTS 

If we have a problem or an issue with you, we seek to settle it through negotiation. If a peaceful resolution is not feasible, we will report the disagreement to the court at INTERNET CONNECTION BROKER LTD's location.


13.1 All issues or disputes between the parties over the Agreement's implementation must be handled through dialogue.

13.2 If the parties do not find a solution within 30 (thirty) days, the matter may be brought before a court in INTERNET CONNECTION BROKER LTD's jurisdiction.

13.3 The rights and remedies provided for in this Agreement, any claims and disputes related to it and/or PROXYSALE, its interpretation or violation, termination or validity, relations arising out of or according to the Agreement or related transactions or purchases, are regulated, interpreted and performed following the laws of Bulgaria.


14. MISCELLANEOUS

Check out this chapter to make sure you don't miss anything about the provision of our Services. For further information, you can contact us by the email address, provided below.

14.1 This Agreement is the entire agreement between PROXYSALE and the Customer regarding the Customer’s use of the Services and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. In the event of any conflict or inconsistency among the following documents, the order of precedence shall be: 

(1) the applicable Order Form, 

(2) this Agreement. 

Titles and headings of sections of this Agreement are for convenience only and shall not affect the construction of any provision of this Agreement. 

14.2 PROXYSALE reserves the right to alter or augment the Agreement at any moment without prior notice to the Customer. The latest version of the Agreement becomes effective as soon as it is posted on the Website. 

14.3 If the Customer continues to use the Website and Services after such adjustments and/or supplements to the Agreement, the Customer is deemed to have accepted and agreed to the changes.

14.4 The parties are independent.  The parties are not entering into a partnership, franchise, joint venture, agency, fiduciary, or employment relationship as a result of this Agreement. All compensation owed to employees, as well as all employment-related taxes, shall be completely the responsibility of each party.

14.5 If a court of competent jurisdiction finds any term of this Agreement to be illegal, that provision will be declared null and void, and the remaining parts of this Agreement will continue in effect.

14.6 Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, either party may assign this Agreement in its entirety (including all Order Forms), without the other party’s consent to in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Notwithstanding the foregoing, if the Customer is acquired by, sells substantially all of its assets to, or undergoes a change of control in favour of, a direct competitor of the other party, then such other party may terminate this Agreement upon written notice. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns. 

14.7 This Agreement is governed, construed, and interpreted under the laws of Bulgaria. The language of this Agreement is English.

14.8 If you have any questions, suggestions or queries about our Website or your interaction with this Website, please contact us at [email protected].

14.9 Each party represents that it has the legal authority to enter into this Agreement and that it has done that. 

14.10 Any Service is supplied "as is" and "as available," with no warranties expressed or implied. Except as expressly stated herein, neither party makes any warranty of any kind, whether express, implied, statutory, or otherwise, and each party expressly disclaims all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by law.


TERMS AND CONDITIONS OF PROXYSALE REFERRAL PROGRAM

! Before registering for Our Referral Program, You must read carefully these Terms and Conditions of PROXYSALE Referral Program (hereinafter called the Terms and Conditions) !

These Terms and Conditions are a legally binding agreement between INTERNET CONNECTION BROKER LTD (hereinafter called PROXYSALE, We, Us, Our) and You (the Affiliate, You, Your). At the moment You register via Referral Link, You confirm that You have read these Terms and Conditions and shall comply with them, and that You accept in full and shall comply with the Policy Notice of PROXYSALE and Public Offering of PROXYSALE. PROXYSALE has the right to make changes from time to time to these Terms and Conditions and Referral Program without prior notice, so You need to check the Terms and Conditions periodically for updates. By using the Referral Program after that changes You confirm Your consent in full with any of such changes.

! Your violation of these Terms and Conditions will result in the termination or suspension of your right to be an Affiliate and all related rights, including the withholding by Us of any unpaid Referral Fees You may have received for Your violation of these Terms!

1. Terms definition.

1.1. Any terms that are not defined in these Terms and Conditions shall have the meaning prescribed to them in Our Public Offering unless the context otherwise requires. In these Terms and Conditions, the following words and expressions shall, unless the context otherwise requires, have the meanings set out below:

1.1.1. Referral Program refers to a this program of promotion of Our brand and services by Our Affiliates (as defined below), governed by these Terms and Conditions;

1.1.2 Affiliate refers to: (i) an individual eighteen years of age or older who accepts these Terms and Conditions on his/her own behalf, or (ii) a legal entity represented by an individual who accepts these Terms and Conditions for and on behalf of such legal entity,

1.1.3 who have registered a Personal Account and are participating in the Referral Program;

1.1.4 Referee refers to a person (individual or legal entity) who has been brought in by Our Affiliate;

1.1.5 User refers to a person within the meaning prescribed to them in Our Public Offering;

1.1.6 Personal Account refers to a User's account on Our Website, through which the User can use to receive Our services, receive their Referral Link and receive Referral Fees;

1.1.7 Confidential Information refers to any and all information, documents or other materials We have provided to You under this Referral Program, as well as any other information reasonably to be considered as confidential;

1.1.8 Intellectual Property Rights mean any and all intellectual property rights, whether registered or unregistered, and includes any and all applications for registration of any such rights and other forms of intellectual property protection which have the same effect anywhere in the world. Such Rights include, without limitation, any and all copyrights, trademarks, trade names, service marks, trade secret rights, non-proprietary rights, patents, utility models, inventions, domain names, design rights, advertising media and methods, topographical rights, and database rights.

1.1.9 Referral Fee refers to remuneration which the Affiliate may receive in cases stipulated in this Agreement.


2. Procedure for joining the Affiliate Program; Procedure for registering a Personal Account.

2.1 When promoting Our brand and services, Our Affiliate may only use content/materials (informational, advertising) that have been specifically approved by Us. Any unlawful activity that may cause any damage to PROXYSALE, or Our brand, or Our Users, or Our other Affiliates will be considered a violation of these Terms and Conditions, regardless of whether such activity was done intentionally or negligently.

2.2 Before You can become an Affiliate, You need to register Your Personal Account on Our Website https://proxy-sale.com/en/. To do this, You need to specify Your email address. This address must be valid and up-to-date. For an individual to become an Affiliate, You have to be at least 18 (eighteen) years old.

2.3 At the time of registration, as well as at any other time, We reserve the right to request and verify Your personal information. Such verification includes, without limitation, verification of Your identity documents, such as your passport, driver's license or other valid documents issued by the competent state authorities.

2.4 We have the right to request additional information from You for identification purposes, at Our sole discretion. Your failure to provide such information shall constitute a breach of these Terms and Conditions. In such event, We shall have the right to immediately terminate this Agreement, restrict access to the Personal Account(s), and withhold any and all unpaid Referral Fees and/or refuse to pay them, without any compensation from Us for such actions.

2.5 Each person (legal entity/individual) has the right to register only one Personal Account. Personal Account is intended for use by only one person (legal entity/individual).

2.6 Registration of multiple Personal Accounts by the same person (legal entity/individual) and/or their affiliated entities shall be considered a violation of these Terms and Conditions. In such an event, We shall be entitled to immediately terminate this Agreement, restrict access to the Personal Account(s), and withhold any and all unpaid Referral Fees and/or refuse to pay them, without any compensation from Us for such actions.


2.7 You shall not disclose/transfer your access data (username and password) to third parties. For legal entities: an individual representing such legal entity has the right to transfer such access data solely to employees or officials of such legal entity.

2.8 You are solely responsible for the security of any usernames and passwords You disclose/transfer.

2.9 You shall not violate any legal regulations of Your state, including, without limitation, copyright laws, and any other legal regulations applicable to You, when using the Referral Program.

2.10 You may use the Referral Program only for the purposes specified in these Terms and Conditions. You shall not use the Referral Program for any unlawful purpose or any purpose not specified in these Terms and Conditions.

2.11 If You violate any applicable law while Your use of the Referral Program or if You use the Referral Program for any unlawful purpose or purposes not specified in these Terms and Conditions, You shall indemnify PROXYSALE for any and all damages that PROXYSALE incurs in connection with such violations or claims arising out of such violations.


3. Restrictions regarding websites and platforms.


3.1 You shall not use the Referral Link on the website(s) or other platforms that:

3.1.1. violate any laws, other acts, rules of international law or other applicable rules;

3.1.2. violate the rights of PROXYSALE or any other person, including the Intellectual Property Rights of PROXYSALE or any other person, or any other rights of PROXYSALE or any other person;

3.1.3. contain any content (information and/or materials) of a sexually explicit, defamatory, obscene nature or of a nature that threatens or harms others, including minors;

3.1.4. mislead Referees, Users, or any other person about the products or services available on the Website of PROXYSALE or Your website;

3.1.5. contain any malicious software, viruses (system or software or otherwise) or any other computer programming tools that are designed to interfere with, damage, expropriate or otherwise unauthorizedly introduce any program, system or database or personal information;

3.1.6. contain software or technology that intercepts and redirects Internet traffic to or from any other website, or is intended to do so;

3.1.7. could potentially redirect or allow to redirect Referral Fees from another website.


4. Referral Link; The procedure for bringing in Referees.

4.1 After registering a Personal Account, We will provide You with a Referral Link. We will use such Referral Link for Your subsequent identification when it is placed through Your website, email/other means.

4.2 We may provide You with content/materials, including in the form of graphic images, which You may use to bring in Referees. In such case, the said content/materials will be provided in your Personal Account. We may make any changes to such content/materials at any time without prior notice to You.

4.3 You may use the content/materials provided to You to bring in Referees only in the form they are provided to You. You may not make any changes to the content/materials provided to You.

4.4 Without Our prior explicit written consent, You may not use Our products and services, and/or Our brand/logo/trademarks, and/or the content/materials provided to You, for mass mailings or in any type of contextual advertising. We reserve the right to terminate this Agreement with You if We consider that Your use of Our products and services and/or Our brand/logo/trademarks and/or the content/materials provided to You has resulted in complaints, including of spam.

4.5 You are responsible for the use of the Referral Link provided to You by your Referees in accordance with these Terms and Conditions.

4.6 You are solely responsible for the use and operation of Your website/other platform. You are solely responsible for all and any content/material on Your website/other platform.

4.7 When You bring in Referees You may:

4.7.1 place the Referral Link on Your website/platform;

4.7.2 place the content/materials provided to You on Your website/platform;

4.7.3 share the Referral Link with other persons on social networks, in messengers etc.;

4.7.4 place the Referral Link and the content/materials provided to You on other websites/platforms, including forums, video reviews and other format reviews, articles, posts, comments, etc.


5. The order processing procedure.

5.1. Information on orders completed with Your Referral Link, is provided in Your Personal Account.

5.2 After a User follows the Referral Link, We will process the order placed by the User.

5.3 We reserve the right, at Our sole discretion, to decide on the ordering procedure, as well as to make changes regarding the ordering procedure without prior notice to You.

5.4 We reserve the right, at Our sole discretion, to refuse any order from any User if such order violates these Terms and Conditions and/or applicable laws. We reserve the right to make changes regarding possible payment methods without prior notice to You.

5.5 When using the Referral Program, You may not:

5.5.1 add and/or use and/or require the use of a payment method that is not provided by PROXYSALE;

5.5.2 accept payments for Our products and/or services;

5.5.3 ntegrate any code, program, software, etc. into Our order/payment processing system and/or make changes and/or transfer modified information to payment systems;

5.5.4 save and/or integrate the User/Referee's personal information, including payment information, details, into any code, program, software, etc., for its own purposes or for the benefit of third parties.

5.6 You agree to comply with the terms relating to the ordering and processing of orders under this Agreement. In the event of a breach of such terms, We reserve the right to terminate this Agreement, restrict access to Your Personal Account and withhold any unpaid Referral Fees and/or refuse to pay them, without any compensation from Us for such actions.


6. The procedure for receiving Referral Fees.

6.1 You acknowledge and agree that You are entitled to Referral Fees when a Referee follows a Referral Link from Your website, email/otherwise and places an order.

6.2 Any Referral Fees are calculated exclusively by PROXYSALE on the basis of its own accounting.

6.3 You acknowledge and agree that:

6.3.1 You are not entitled to Referral Fees if the Referee follows the Referral Link but does not complete the order, or if the Referee refuses the order (returns the service) and demands a refund;

6.3.2 Referral Fees may only be paid for Referral Links that We can identify and trace automatically. Accordingly, Referral Fees will not be paid if We do not trace a User's registration and ordering, even if You and/or the User claims to have been brought in by You and placed the order, or if for any other reason PROXYSALE does not receive payment from the User;

6.3.3 Referral Fees will not be paid to You if an order placed by You (or your affiliated entities), regardless of the Personal Account (or email) through which it was placed. In such event, We reserve the right to terminate this Agreement and to restrict Your access to the Personal Account and/or withhold any unpaid Referral Fees and/or refuse payment, without any compensation from Us for such actions;

6.3.4 Referral Fees will not be paid to You if orders are placed by Users brought in by Your Referees and not by You directly. Referral Fees will be paid to You only if orders are placed by Your Referees;

6.3.5 Referees are not considered to have been brought in by You if they have already ordered Our services before You brought them in. In this case, Referral Fees will not be paid to You, even if a subsequent order is placed through the use of Your Referral Link.
6.4 Referral Fees are credited to your Personal Account within 5 (five) days after the order is placed and paid for.

6.5 Amount of the Referral Fees:

6.5.1 for the first order of each new Referee, the Referral Fee is up to 30% (thirty percent) of such order;

6.5.2 for all subsequent Referee's orders, the Referral Fee is 10% (ten percent) of such order.

6.6. PROXYSALE reserves the right to change the PROXYSALE's Referral Fees system at any time at PROXYSALE's sole discretion.


6.7 PROXYSALE reserves the right to withhold/cancel all and any Referral Fees and restrict access to Personal Account for an Affiliate if Referees brought in by the Affiliate regularly refuse the order (return the service) and demand a refund.


6.8 PROXYSALE reserves the right to cancel any and all Referral Fees that were obtained through fraud, scams, abusive or other illegal methods.


7. Term and procedure for payment of the Referral Fees.

7.1 In the cases stipulated in Section 6, the Referral Fees are credited to Your Personal Account within 5 (five) days after the order is placed and paid for.

7.2 Without contradicting clause 7.1, PROXYSALE may extend such term for crediting the Referral Fees if PROXYSALE needs more time to establish that You have complied with these Terms and Conditions.


7.3 The term for crediting the Referral Fees may also be extended if your access to the Personal Account has been suspended/restricted.

7.4 The crediting of the Referral Fees may be postponed for the period necessary to conduct a risk analysis and anti-money laundering and anti-fraud procedures.

7.5 In cases of extension of the term for crediting the Referral Fees stipulated by the previous clauses 7.2, 7.3, 7.4, such crediting may be delayed for a period of time at the discretion of PROXYSALE.

7.6 To receive Your payout, You need to choose one of the payment methods presented in Your Personal Account and provide Us with Your payment information by filling out the appropriate form and providing Your payment details in Your Personal Account. We reserve the right to make changes to the possible payment methods without prior notice to You.

7.7 Referral Fees do not include any taxes, surcharges and other mandatory payments which may be imposed on the Affiliate in connection with the Affiliate's receipt of Referral Fees under this Agreement. PROXYSALE does not bear any responsibility for payment/non-payment of such mandatory payments by the Affiliate.

7.8 PROXYSALE makes payments to Affiliates using those payment methods, which are presented and available in Personal Account.

7.9 Some payment methods may apply a minimum payment limit. In this case, payments will be made only after the amount of Referral Fees reaches the specified limit. All information about the minimum payment limit is available in Your Personal Account.

7.10 Referral Fees are not payable on payments by Users that have been returned (refunded) to Users upon return of services, as well as on those returned due to fraud, including credit card fraud.


8. Confidential Information; Intellectual Property.

8.1 At the time You join Our Affiliate Program and while You are participating in Our Affiliate Program, We may provide You with Confidential Information, including, without limitation, information about Us as a legal entity, Our associated persons, the operations within Our business, Our products, services and technology. You acknowledge and agree not to disclose Our Confidential Information to any third party or use it for any purpose other than to promote Our services in accordance with these Terms and Conditions without Our prior express written consent.

8.2 You acknowledge and agree that You are solely responsible for ensuring that any of Your content, including Your articles, reviews, products and services descriptions that appear on Your website or other platforms, complies with all applicable copyright laws, trademark laws, international laws, any other laws, and these Terms and Conditions.

8.3 PROXYSALE shall not be liable if You use content/material that is copyrighted/trade-marked by any other party in violation of any laws, international law, any other rules or these Terms and Conditions.


9. Term of the Agreement, termination of the Agreement.

9.1 Term of the Agreement. This Agreement shall become effective at the time You accept this Agreement — at the time You register a Personal Account. This Agreement shall terminate upon its termination by Us or by You. Either party may terminate this Agreement at any time (with or without cause) by giving the other party notice of such termination. A notice from Us sent to Your email address, indicated when registering, will be deemed sufficient notice to terminate this Agreement.

9.2 Term of the Affiliate Program. We reserve the right to terminate the Affiliate Program with respect to You at any time. Unless otherwise required by the provisions of these Terms and Conditions and/or applicable law, upon termination of the Affiliate Program, You will be paid any unpaid earnings to which You are legally entitled.

9.3 Termination of the Agreement. We, PROXYSALE, have the right to suspend and/or terminate your Personal Account as well as refuse any use of the Affiliate Program at any time at Our sole discretion, regardless of the reason or existence thereof. If the Affiliate Program is terminated, your Personal Account will be completely deactivated or deleted. In the event that Referral Fees have been illegally received and/or through fraud, abusive or other illegal methods, We reserve the right to withhold or refuse to pay such Referral Fees, without any compensation from Us for such actions. Upon termination/expiration of this Agreement for any reason, You shall immediately cease using any links to Our Website and immediately remove them from Your website and any other platforms. Such obligation also applies to any and all of Our images and materials that are provided to You as part of the Affiliate Program.


10. Limitation of liability.

10.1 PROXYSALE, as well as any associated persons of PROXYSALE, including employees, officers, agents, representatives of PROXYSALE, exclude any liability for any loss arising in connection with this Affiliate Program and which may be suffered by You or a third party, including, without limitation, for direct loss or damage, loss of any income (profit) or data, for any harm/damage to business reputation.

10.2 The Affiliate Program and any service of PROXYSALE is provided «as is» and «as available», without any express or implied warranties.

10.3 Except as expressly provided herein, PROXYSALE makes no warranties, express, implied, statutory or otherwise, and expressly disclaims all implied warranties, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement to the fullest extent permitted by law.

10.4 PROXYSALE makes no warranty as to the completeness, relevancy or accuracy of the information provided by PROXYSALE or on the Website of PROXYSALE or any website associated with PROXYSALE.

10.5 PROXYSALE does not take any responsibility for:

10.1.1. any inaccuracies or errors in such information;

10.1.2 damage to property or health arising out of Your use of the Affiliate Program or any service of PROXYSALE;

10.1.3. access to Our security servers;

10.1.4 any use of personal information.



11. Severability.

11.1 If any provision of these Terms and Conditions is found by a court or other authority of competent jurisdiction to be unenforceable or invalid, such provision shall be modified, limited or excluded to the minimum extent necessary to make these Terms and Conditions enforceable and validity.


12. Applicable law.

12.1 This Agreement (and any related matter) shall be governed by, and construed in accordance with, the laws of Bulgaria.


13. Dispute resolution.

13.1 All issues between the Parties to this Agreement regarding the implementation of the Agreement shall be resolved through dialogue. In the event of a dispute arising out of or in connection with these Terms and Conditions, it shall be settled between parties hereto (Us and You) by amicable negotiation within sixty (60) days from the date of the notification of the other party hereto such issue.

13.2 All claims, in the event of a dispute over a breach of an obligation under these Terms and Conditions, must be made in writing to Our email address set forth in paragraph 18.4 of these Terms and Conditions. Such claims will be considered on the basis of the supporting documents attached by You to the email.

13.3 If such dispute is not resolved by negotiation, any dispute arising out of or in connection with these Terms and Conditions may be submitted to the court at the location of PROXYSALE.

14. Final provisions.


14.1 Relationship of the parties. We, PROXYSALE, and You are independent parties. Nothing in this Agreement creates any partnership, employment, franchise, agency, joint venture, sales representative or other similar relationship between the parties, and nothing in this Agreement shall be construed to create such a relationship. The relationship between the parties shall not be considered as authorizing one party to act as an agent of the other party. Nothing in this Agreement shall authorize You to offer or accept any proposals on behalf of PROXYSALE or to make any representation or warranty not contemplated by this Agreement, and nothing in this Agreement shall be construed as authorizing You to do so.

14.2 Headings. The titles and headings of the sections of this Agreement are for convenience only and shall not affect the construction (interpretation) of any provision of this Agreement.

14.3 Waiver. No waiver by Us of any of Our obligations under these Terms and Conditions will be effective unless expressly stated as such and notified to You in writing.

14.4 Waiver of rights. Any failure by Us to exercise any of Our rights and/or remedies available to Us (whether at law or under these Terms and Conditions) shall not be deemed a waiver by Us of such right and/or remedy. Any failure by Us to insist upon full performance of any of Your obligations by You shall not be deemed a waiver by Us of Our right to demand such performance and shall not relieve You from the performance of such obligation.

14.5 Notices. All notices that You send to Us must be sent to Us, PROXYSALE, at [email protected]. Notices from Us may be sent to the email address You provided when You registered. Notice will be deemed to have been properly delivered and received 24 (twenty-four) hours after the email was sent. Proof that an email has been sent to the email address designated by the addressee shall be deemed sufficient proof of sending and receipt of any notice by the addressee.

14.6 Details for contacting us. If You have any questions about these Terms and Conditions, contact Us:

INTERNET CONNECTION BROKER LTD,

Email address: [email protected]

Address: Vitosha boulevard 15, fl. 4, apt/office 2, Sofia, Bulgaria, 1000