This Appropriate Use Policy sets forth conditions of use of the services of NinjaProxy, whose related website is found at ninjasproxy.com. Due to the myriad possibilities in the use of proxy servers, this Appropriate Use Policy is intended only to act as a guideline to the Service offered by NinjaProxy and is not, and cannot be, all encompassing.
The following list sets forth violations of this Appropriate Use Policy, but other acts or uses, not listed herein, may also constitute violations of this Appropriate Use Policy in connection with Member’s use of NinjaProxy’s Services:
COPYRIGHT AND OTHER PROPERTY RIGHT INFRINGEMENT.
Members agree not to infringe on copyrighted, patented, other intellectual property rights, and proprietary material of third parties, under all relevant laws, foreign or domestic, federal, state, or local, including, without limitation, the Copyright Act, as amended, and the Digital Millennium Copyright Act. Bittorrent or similar P2P software usage with our service is totally forbidden.
EMAIL SPAMMING ACTIVITIES.
Members agree that they will not engage in any email spamming activities, including, without limitation, the sending, re-sending, transmitting, or the like, of bulk materials by means of NinjaProxy’s Services, whether directly or indirectly. Such sending, re-sending, transmitting or the like is prohibited by any means of NinjaProxy Services, including, without limitation, through email, blog comment, social network message, and forum spam.
SPECIFIC ILLEGAL ACTIVITIES
Members agree not to engage in illegal activities. This includes, but is not limited to: death threats, terroristic threats, threats of harm to any individual or organization, multi-level marketing schemes, “Ponzi schemes”, invasion of privacy, credit card fraud, racketeering, identity theft, defamation, slander, and other illegal activities.
Members agree not to, without limitation, view, promote, or engage in any activity relating to child pornography, and violation of laws relating thereto, which includes without limitation, Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act, the Child Online Protection Act, Communications Decency Act of 1996, and Children’s Internet Protection Act, all as amended.
THREATS AND HARASSMENTS.
Member agree not to make threats to or harass any individual, organization or business.
Member agree that it will not engage in fraudulent activities of any kind.
DENIAL OF SERVICE ACTIVITIES.
Members agree that it will not engage in the origination of or the control of denial of service attacks, distributed denial of service attacks, or engage in similar activities.
MALWARE DISTRIBUTION ACTIVITIES.
Members agree not to engage in activities, without limitation, the distribution, fabrication, or use of malware including, virus software, root kits, password crackers, spyware, adware, key stroke capture programs and other programs normally used in malicious activity.
Members agree not to engage in gaining or attempting to gain unauthorized access to any network or system, including, without limitation, computer, telephone, telefax, and any other system of data storage.
Members agree not to engage in any activity associated with phishing or systems designed to collect personal information, including, without limitation, names, account numbers, usernames, passwords, and other identifying information.
FRAUDULENT FINANCIAL AND PONZI SCHEMES.
Members agree not to engage in the promotion, offer, or sale of interests in illegal financial or Ponzi schemes.
Members agree not to engage in any stalking of either person, organization, or otherwise.
Members agree not to engage in bullying of any person, organization, or otherwise.
DEFAMATORY REMARKS OR CONDUCT.
Members agree not to engage in any conduct or make remarks which are derogatory, demeaning, malicious, hateful, defamatory, or abusive.
Members agree not to impersonate any other person or take on any other person’s identity, whether living or deceased, or impersonate an entity or take on the identity of any entity, whether legal or informal.
VIOLATIONS ALLEGED BY THIRD PARTIES.
NinjaProxy accepts reports from third parties of alleged violations of this Appropriate Use Policy or concerning other violations. NinjaProxy will review all third party reports and may take appropriate actions, at is sole discretion, relative to his Members.
Members agree that NinjaProxy, at its sole discretion can limit the number of simultaneous connections, as well as the number of connections per section, as necessary to ensure stable service for all members. Such corrective action may include disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in NinjaProxy sole and absolute discretion. If NinjaProxy takes any corrective action under this section, Member shall not be entitled to a refund of any fees paid in advance prior to such action.
Upon a detecting a breach of this Appropriate Use Policy, NinjaProxy may, at its sole discretion, immediately terminate the Services to the Member, without notice, and as stated in NinjaProxy Terms of Service, without refund or credit, and possibly with abuse processing fees as outlined in the Terms of Service. The Member acknowledges, understands and agrees that NinjaProxy is not in a position to ascertain whether an alleged violation is real or valid, but must make a decision based on information received from such third parties. The Member agrees that NinjaProxy decision will be final, determinative, and binding upon Member.
NinjaProxy, at its sole discretion, may immediately terminate the Services to the Member, without notice, and as stated in NinjaProxy Terms of Service, without refund or credit.
The Member agree to hold NinjaProxy harmless, for relying on the third party’s report and for any action taken in response to such report. The Member further agrees to defend and indemnify NinjaProxy in the event a claim is brought against NinjaProxy or an award, judgment or the like is issued against NinjaProxy resulting from the Member’s use of the Services, all as stated in the Terms of Service.
None of the rights of NinjaProxy under this paragraph shall be limited in any way by anything else in this Appropriate Use Policy or Terms of Service.
VIOLATION OF LAWS.
The Member agrees not to engage in any activity which is in violation of civil or criminal law, foreign or domestic, whether national, state or local.
ACCESS TO CERTAIN WEBSITES.
The Member is informed and agrees that it has no access to certain websites. No attempt shall be made to access such websites via NinjaProxy Services. The full list can be requested via email from NinjaProxy. This list represents appendix A to Terms of Service.
USE OF CERTAIN SOFTWARE.
The Member is informed and agrees that it is prohibited from using certain software with NinjaProxy Services. The full list of such software can be requested via email from NinjaProxy. This list represents appendix B to Terms of Service.
The term “Member” or “Member’s” used in this Appropriate Use Policy means the person or legal identity specified under the heading “Member” in the Terms of Service. Without limiting the non-assignment provision under the heading “Assignment” in the Terms of Service, that would include Member’s purported assignees, licensees, or otherwise, and those who gain unauthorized access to use NinjaProxy Services via Member.
METHOD OF RESOLUTION FOR ALLEGED VIOLATIONS UNDER THIS APPROPRIATE USE POLICY.
Upon discovery by NinjaProxy of an alleged violation of this Appropriate Use Policy, the Member will be notified and given a designated time in which to respond to the alleged violation. If the Member fails to respond within the time provided, NinjaProxy may, at its sole discretion, immediately terminate the Services to the Member, without notice, and as stated in NinjaProxy Terms of Service, without refund or credit.
Upon receipt of Member’s response, if NinjaProxy finds a violation of this Appropriate Use Policy, NinjaProxy, at its sole discretion, may immediately terminate the Services to the Member, without notice, and as stated in NinjaProxy Terms of Service, without refund or credit.
SECURITY OF CUSTOMER INFORMATION.
The Member understands and agrees that NinjaProxy cannot guarantee, assure, or promise that information or data of the Member held by NinjaProxy, transmitted during use via NinjaProxy servers (including, without limitation, any and all transmissions to and from Member via NinjaProxy servers) or via Member’s use of Services, will not be compromised by unauthorized access. Without limiting any right of NinjaProxy under the heading “Indemnity” found in the Terms of Service, the Member holds NinjaProxy harmless in the event of any breach of security to Member’s data or information as described in this paragraph.
MONITORING OF MEMBER’S USE OF SERVICES
At its sole discretion, NinjaProxy may monitor Member’s use of NinjaProxy Services. Such monitoring includes, without limitation, the following: the result of notice by third parties of a possible violation of this Appropriate Use Policy; to protect or enforce NinjaProxy rights under the Terms of Service, this Appropriate Use Policy, or the Website Information.
“Website Information” means information posted by NinjaProxy on its website at ninjasproxy.com.
DISCLOSURE PURSUANT TO SUBPOENA.
NinjaProxy may be required by law to provide Member’s information pursuant to subpoena issued by a court, governmental entity or otherwise. Information shall be disclosed as directed pursuant to subpoena. NinjaProxy shall release information described in the subpoena. If permitted by law, NinjaProxy will endeavor, but is not obligated, to notify the Member that it has received a subpoena for records pertaining to the Member.
DATA COLLECTION AND RETENTION.
NinjaProxy collects and maintains an informational log, including, without limitation, information relating to Member’s uses of and websites visited by the Member via NinjaProxy Services, and payment by the Member and related information. Such logs are maintained for approximately 30 days, and longer if necessary, at the sole discretion of NinjaProxy.
DECLINE OF ACCEPTANCE OF NEW CUSTOMER OR RENEWAL OF PROVIDER’S SERVICES.
NinjaProxy retains the right, at its sole discretion, to decline acceptance of a potential customer, or refuse to supply additional Services to or renew Services with any Member.
TERMS OF SERVICE.
The Terms of Service are incorporated by reference and made a part hereof.
CHANGES TO APPROPRIATE USE POLICY.
The Member agrees that NinjaProxy, at its sole discretion, may change the terms of this Appropriate Use Policy without notice and that the Member shall keep itself informed of NinjaProxy Appropriate Use Policy for any and all changes by reviewing it regularly on NinjaProxy website.
The Member’s continued use of the Services following such changes constitutes consent to such changes.
Any breach of this Appropriate Use Policy is a breach of the Terms of Service between NinjaProxy and the Member, and subject to immediate termination, without notice, at NinjaProxy sole discretion.
In the event any term or provision in this Appropriate Use Policy is found by a tribunal of competent jurisdiction to be invalid, the remainder of this Appropriate Use Policy shall remain in full force and effect.