WebSonar, trading under the name SocialProxies.com, provides a service that allows you to access the internet via a proxy. The use of our proxy service is bound by the terms and conditions below. By using our proxies, you agree to these terms and conditions.
Deviations from these general terms and conditions are only binding if they have been accepted in writing by SocialProxies.com.
Clause 1. Use of the service
1.1 The service is offered to you for access to the internet via the proxies furnished via SocialProxies.com. You yourself decide, within the bounds of the law and these terms and conditions, how you use the proxies and for what specific purposes.
1.2 In order to use the proxy service, you receive a user name and password from us, which allows you to use the service immediately.
1.3 You must protect against unauthorised access to your account by keeping your user name and password confidential. In particular, you must keep the password strictly secret. SocialProxies.com can assume that everything that takes place from your account after sign in using your user name and password takes place under your management and supervision. You are therefore liable for all these actions, unless you have notified SocialProxies.com that someone else knows your password.
Clause 2. Rules for use
2.1 It is prohibited to use our proxy service for actions that are in violation of Dutch or other applicable legislation and regulations. This includes using the service to store or disseminate information that is insulting, defamatory or racist. When uploading, downloading, or disseminating information, data, text, software, music, photographs, graphic images, videos or messages using our proxy service, you must be the owner or have permission from the owner. Using or visiting this material may also not infringe the rights of any third parties.
2.2 In particular, it is prohibited to use our proxy service in such a way that it causes nuisance or inconvenience to other users. This includes setting up one's own scripts or programs for the uploading or downloading of large quantities of data, or calling on the service excessively often.
2.3 SocialProxies.com reserves the right to block access to certain websites or services if it has cause to do so. If you have questions about this, please contact SocialProxies.com.
2.4 If SocialProxies.com ascertains that you have violated the conditions above or receives a complaint in this regard, SocialProxies.com may itself intervene to put an end to the violation.
2.5 If, in SocialProxies.com’s opinion, inconvenience, harm or other danger is being caused to the performance of the computer systems or the network of SocialProxies.com or third parties and/or the service provision via internet, particularly as the result of excessive sending of email or other data, personal data leaks or the activities of viruses, Trojans or similar software, SocialProxies.com has the right to take all measures it deems reasonably necessary to fend off or prevent this danger.
2.6 SocialProxies.com has the right at all times to report any criminal offences it encounters. SocialProxies.com also has the right to provide your name, address, IP address and other identifying details to a third party that complains that you are infringing its rights or these general terms and conditions, provided the correctness of that complaint is reasonably sufficiently plausible, there is no other way of obtaining these details and the third party has a clear interest in being provided with the details.
2.7 SocialProxies.com can recover the damage resulting from violations of these rules of conduct from you. You indemnify SocialProxies.com against all third-party claims relating to damage resulting from a violation of these rules of use.
Clause 3. Availability and maintenance
3.1 SocialProxies.com makes every effort to ensure the service is available, but does not guarantee uninterrupted availability.
3.2 SocialProxies.com actively maintains its proxy service. Maintenance can take place at any time, even if this results in availability being limited. Maintenance will be announced in advance whenever possible.
3.3 SocialProxies.com may adapt the functionality of its proxy service from time to time. Your feedback and suggestions are welcome in that respect, but SocialProxies.com itself ultimately decides what changes it implements.
Clause 4. Intellectual property
4.1 The proxy service, the related software and all information and images on the website are the intellectual property of SocialProxies.com. These may in no way be copied or used unless separate written permission has been obtained from SocialProxies.com, except in the cases in which this is permitted by law.
4.2 Information that you store or process using the service remains your property (or that of your suppliers). SocialProxies.com has a limited right to use this information for the service, including for future aspects thereof. You can revoke this right of use by deleting the particular information and/or terminating the agreement.
4.3 If you send information to SocialProxies.com, for instance, feedback on an error or a suggested improvement, you grant it an unlimited and perpetual right to use this information for the service. This does not apply for information that you explicitly mark as confidential.
4.4 SocialProxies.com will not inspect data that you store and/or disseminate via our proxy service, unless this is necessary for proper service provision or for enforcement of clause 2.5, or SocialProxies.com is required to do so pursuant to a legal provision or court order. In that case, SocialProxies.com will endeavour to limit its inspection of the data as much as possible, to the extent this is within its power. SocialProxies.com does not have any influence on its suppliers, however.
Clause 5. Fee for the service
5.1 The use of our proxy service entails a fee for the use of certain functionality. When using the particular functionalities, you will be informed of the costs. The fee must be paid in advance for each payment period.
5.2 Payment can be made via iDEAL, bank transfers, creditcard, paypal, bancontact, sofort banking, belfius or kbc/cbc.
5.3 Because the service is provided immediately, upon your explicit request, it is not possible to reverse a payment by invoking the Distance Selling Act.
Clause 6. Liability
6.1 Except in the event of intent or gross negligence, SocialProxies.com’s liability is limited to the amount that you paid in the three months prior to the moment of the damage-causing event.
6.2 SocialProxies.com is explicitly not liable for indirect damage or loss, consequential loss, lost profit, lost savings and damage due to business interruption.
6.3 A condition for any right to damage compensation to arise is that you must report the damage to SocialProxies.com in writing no later than within two months after discovery.
6.4 In the event of force majeure, SocialProxies.com is never obligated to compensate the damage caused for you as a result. The following situations, amongst others, are considered force majeure: disruptions or outages of the internet or telecommunication infrastructure, power outages, civil commotion, mobilisation, war, transport gridlock, strikes, lockouts, business interruptions, stagnation in supply, fire and flooding.
Clause 7. Term and cancellation
7.1 This agreement takes effect as soon as you make use of the service for the first time and remains in effect for the selected payment period.
7.2 After this period, the proxy service assigned to you is deleted from your account if you do not renew it. Once it has been deleted from your account, you may not be able to rent the same proxy again. In that case, a different proxy will be provided to you.
7.3 SocialProxies.com can terminate the agreement if a period of eighteen months elapses without any login by you. In that case, it will first send a reminder email to the email address linked to your account.
Clause 8. Amendments to the terms and conditions
8.1 SocialProxies.com may amend these terms and conditions or adjust its prices at any time.
8.2 SocialProxies.com will announce the amendments or additions via the service at least thirty days before they take effect so that you can take note of this.
8.3 If you do not wish to accept the amendment or addition, you can cancel the agreement at any time until the effective date of the amendment or addition. Use of the service after the effective date is regarded as acceptance of the amended or supplemented terms and conditions.
Clause 9. Other provisions
9.1 This contract is governed by Dutch law.
9.2 To the extent mandatory legal regulations do not prescribe otherwise, all disputes in relation to the proxy service will be submitted to the competent Dutch court for the district in which SocialProxies.com is located.
9.3 If a provision in these terms and conditions of use requires that a notice be given ‘in writing’, this requirement is also satisfied if the notice is given by email or communicated via the service, provided it is sufficiently established that the message actually originates from the alleged sender and the integrity of the message has not been compromised.
9.4 The version of the communication or information as stored by SocialProxies.com is deemed to be correct, unless you provide evidence to the contrary.
9.5 If a provision in these terms and conditions of use emerges to be invalid, this does not affect the validity of the terms and conditions of use as a whole. In this case, the parties will determine new provisions to replace the old, whereby the intention of the original provision will be approximated as closely as legally possible.
9.6 SocialProxies.com has the right to transfer its rights and obligations under the agreement to a third party that takes over the proxy service or relevant business operation from it.