1.1 Terms and Conditions. The following terms and conditions (the "Terms of Service" or “Agreement”) form a binding agreement between you and us. The terms "ZembatProxies", "us", "we" or "our" refers to ZembatProxies.com who, in conjunction with its affiliated companies, offers the Services (as defined below). The term "you" or "your" refers to the person accessing or using the Site and Services, or the company or organization on whose behalf that person accesses the Site and Services.
1.2 Services. ZembatProxies.com (“RotatingProxies”) will perform the professional services (“Services”) and provide the deliverables (“Deliverables”) described on the statement of work (“Statement of Work” or “SOW”), if applicable, and the insertion order (“Order Form” or “Insertion Order”) that the parties may enter into from time to time by mutual written agreement. By using the Services, you represent and warrant that (a) you are fully able and competent to enter into the terms, conditions, obligations, representations and warranties set forth in these Terms of Service; (b) all registration and or contact information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; (d) you are 13 years of age and older; and (e) your use of the Services does not violate any applicable law or regulation. Use of the Services is void where prohibited.
1.4 Acceptable Use Policy. By using the Services, you agree to abide by the Acceptable Use Policy. Please refer to ZembatProxies’ Acceptable Use Policy (found here: http://www.zembatproxies.com/acceptable-use) which explains acceptable usage of ZembatProxies’ Services. When you access or use the Service, you signify your agreement to this Acceptable Use Policy.
2.1 Payment Terms. Customer agrees to a month-to-month term for Services unless otherwise agreed to in writing, by electronic mail, by instant messaging, or electronically via ZembatProxies’ 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. If Customer has a term other than month-to-month, the term is automatically renewed for the same term, unless Customer provides written notice of cancellation.
2.2 Fees and Payment. You are responsible for paying all fees and applicable taxes associated with the Paid Services in a timely manner with a valid payment method. You authorize ZembatProxies to charge your credit card, charge card, debit card, or financial institution account (herein "Payment Method") for all charges to your accounts with ZembatProxies. When you provide a Payment Method to us, you confirm that you are permitted to use that Payment Method. You also authorize us to collect and store it, along with other related transaction information. When you make a purchase, you authorize us (and our designated payment processor) to charge the full amount to the Payment Method you designate for the transaction. If your Payment Method fails or your account is past due, (a) you agree to pay all amounts due on your account upon demand and reimburse us for all reversals, charge-backs, claims, fees, fines, penalties and other liability incurred by us (including costs and related expenses) that were caused by or arising out of payments that you authorized or accepted, (b) ZembatProxies may collect fees owed using other collection mechanisms (this includes charging other payment methods on file with us) and (c) we reserve the right to either suspend or terminate your Paid Services or your account with us, including deletion of your account. You agree to submit any disputes regarding any charge to your account in writing to ZembatProxies within thirty (30) days of such charge, otherwise such dispute will be waived and such charge will be final and not subject to challenge.
2.3 Order Fulfillment. There is an estimated 24 hour setup time until Services to become available to the Customer after the Service is paid for. Unless an alternative delivery method is requested, your Services will arrive via email, sent to the email address used to initiate a Service's subscription. We offer promotion periods for "+50% Bonus Proxies" where you get 50% extra proxies (total proxies purchased multiplied by 1.5). This promotion only applies to proxy plans of 500 proxies or less (as seen on https://zembatroxies.com/pricing). This promotion does not apply to any products containing "Dedicated Proxies" or "Ticketmaster Proxies" in their assigned item name.
2.4 Refunds. The service is provided as-is: there are no refunds. The Customer is advised for his/her own benefits to understand all aspects of the transactions and have an independent legal opinion before making a final decision to subscribe to the Services. ZembatProxies owns no liability if you omit to read the TOS. Our Support Team is eager to assist you and to deliver highly professional support in a timely manner.
Please note that we do not bear any responsibility and therefore we do not satisfy any refund/return/exchange requests based on incompatibility of our products with some third-party software (plug-ins, add-ons, modules, search engines, scripts, extensions, websites, etc.). We don't guarantee that our products are fully compatible with any third-party programs and we do not provide support for third-party applications unless exceptional circumstances arise.
2.5 Cancellation. You may cancel your subscription at any time by selecting the button titled "Manage Subscription" or "Go to Dashboard" within your order's confirmation email. Confirmation emails are generated then sent to the email address defined on your original order. You may also provide written notice of cancellation by writing, by electronic mail, by instant messaging, or electronically via our contact form (found here: https://rotatingproxies.com/contact).
3.1 Intellectual Property. You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, trademarks and other proprietary rights. We are not granting any license to you under any of those intellectual property rights by virtue of these Terms of Service. You further acknowledge and agree that ZembatProxies retains ownership and control over the "look and feel" and substance of our tools, widgets, buttons, applications and the like. We reserve all rights that are not explicitly granted to you in this Agreement. ZembatProxies trademarks, logos, service marks, images, trade names, designs, page headers, button icons, scripts and other distinctive branding features used in connection with the Services are the trademarks, service marks or trade dress of ZembatProxies and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ZembatProxies.
3.2 Links or URLs to Other Websites. As part of the Service, ZembatProxies may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. ZembatProxies has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by ZembatProxies, and ZembatProxies is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by ZembatProxies. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
3.3 Providing Notice via Email. Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to ZembatProxies or any of its officers, employees, agents or representatives in any situation where notice to ZembatProxies is required by contract or any law or regulation.
4.1 Limitation of Liability; Indemnification. WE PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE AND OUR SUPPLIERS MAKE NO EXPRESS OR IMPLIED WARRANTIES OR GUARANTEES ABOUT THE SERVICES. TO THE EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS DISCLAIM IMPLIED WARRANTIES THAT THE SERVICES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION GIVEN BY A ZembatProxies REPRESENTATIVE SHALL CREATE A WARRANTY. You may have additional consumer rights under your local laws that this contract cannot change. You use the Services at your own risk.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR ACCOUNT. IN NO EVENT SHALL OUR, OUR AFFILIATES’ AND OUR SUPPLIERS’ AGGREGATE AND CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID DURING THE PERIOD DURING WHICH SUCH CLAIMS AROSE. WE, OUR AFFILIATES, AND OUR SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES AND SUPPLIERS, SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your use or misuse of the Services. We reserve the right to assume control of the defense of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
4.2 Changes to Services. We reserve the right at any time (and from time to time) to modify, suspend, or discontinue providing the Services or any part thereof with or without notice. We will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
4.3 Force Majeure. Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder (except for failure to timely pay) if such delay or default is caused by conditions beyond its reasonable control including without limitation acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), acts of terrorism, wars or insurrections.
5.1 Relationship of the Parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect whatsoever.
5.2 Entire Agreement. This contract and any supplemental terms, policies, rules and guidelines posted on our website constitute the entire agreement between you and us and supersede all previous or contemporaneous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
5.3 General. The failure of ZembatProxies to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should try to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. ZembatProxies may assign this Agreement in whole or in part in its sole discretion without your consent and without notice. This Agreement constitutes the entire agreement between you and ZembatProxies and governs your use of the Services, superseding any prior agreements (whether written or oral) between you and ZembatProxies regarding the subject matter hereof. Nothing in this Agreement shall prevent us from complying with the law and applicable regulations. Questions about this Terms of Service shall be submitted using our contact form (found here: https://zembatproxies.com/contact).