ViperProxy is Cloud Store Network Based IT Company In Mumbai, Operated from our registered office based in Andheri West, Mumbai, Maharashtra (India) and We Have Datacenters in multiple locations.
TERM AND CONDITIONS :-
Clients shall be responsible for any and all actions performed by their account, whether done by the account holder or by any other person on his behalf. If server security is compromised due to actions attributable to the account holder or any other person acting on his behalf, the account holder shall be responsible for the same in accordance with these Terms of Service (so called herein) and ViperProxy Acceptable Use Policy (“AUP”), including policy related to SPAM, and shall also be liable for all disconnect and reconnect fees associated with violations. The account holder acknowledges that ViperProxy does not strengthen or enable additional server security outside of operating system defaults.
The following terms constitute an agreement between you, the “Client”/ “account holder” and ViperProxy.. These Terms of Service govern your use of the services provided by ViperProxy (the “Services”).
By using the services, you signify that you agree to these terms of service, including your agreement to transact with us electronically, consent to the information retention and disclosure practices stated in the AUP and your consent to resolve in Mumbai, India any dispute that you may have with us, our suppliers, relating to this Agreement or the Services. Please note that we offer the Services “AS IS” and without any warranties.
These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service at any time, as we deem appropriate, without prior notice. If we make changes that we believe will have a material impact on your use of the Services, we will let you know by sending you an email at the current email address available with us if any and by posting notice thereof on our website. If you disagree with the changes to these Terms of Service, you are requested to discontinue your use of the Services. Your ongoing use of any Services after the changes take effect shall be construed to signify your agreement to the new terms. We encourage you to review these Terms of Service regularly.
PROHIBITED CONTENT & CONSENT
ViperProxy does not permit a Client to host, display, upload, modify, publish any information, transmit, update or share or provide any services or data, information or any Illegal/Prohibited Content. The Client hereby represents and warrants that it shall not display, list, upload, modify, publish any information, data or materials and/or transmit or share anything that:
- belongs to another person and to which the Client does not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; harm minors in any way; contains fraudulent information or makes fraudulent offers of items or involve the sale or attempted sale of counterfeit or stolen items or Illegal/Prohibited items or items whose sales and/or marketing is prohibited by applicable law, or otherwise promote other illegal activities;
- infringes any patent, trademark, copyright or other proprietary rights of any party;
- violates any law for the time being in force;
- is a part of a scheme to defraud other User(s) of the Site or for any other unlawful purpose;
- communicates any information which is grossly offensive or menacing in nature;
- relates to sale of products or services that infringe or otherwise abet or encourage the infringement or violation of any third party’s copyright, patent, trademarks, trade secrets or other proprietary right or rights of publicity or privacy, or any other third-party rights;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; and/or codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;
- contains any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
- is in contravention of the Information Technology Act, 2000 and any other law for the time being in force;
- opens links directly or indirectly to or include descriptions of goods or Services that are prohibited under the prevailing law; or
- otherwise creates any liability or adverse publicity for ViperProxy
We keep a log of the IP from which the order while an order is made to ViperProxy. The Clients are requested to register with us from the client area so we can link all services opted for. We do not verify the details of the input from the client as it is only used for communicating with the customer or prospective customer.
ViperProxy agrees to render services, which are paid for in advance by the Client, Client subject to complete compliance with the AUP and these Terms of Service. ViperProxy reserves the right to refuse the provision of Services to any potential Client and/or to deny renewal of Services to any existing Client, at its sole discretion.
Proxies And VPN Services
Uploading, possessing, receiving, transporting, or distributing any copyrighted, trademark, or patented content which you do not own or lack written consent or a license from the copyright owner;
Forging headers or otherwise manipulating e-mail identifiers in order to mask or mislead the origins of certain content;
Interfering with the service to any other user, client, host or network which reduces the quality of service for other clients and users;
Using the service to engage in Denial-of-service (“DOS”) attacks to any third-parties or to Proxiesforret.com;
Accessing data, systems or networks including attempts to probe scan or test for vulnerabilities of a system or network or to breach security or authentication measures without written consent from the owner of the system or network;
Using this service to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm, injury or destruction of property, defames one or more third parties, or promotes any act of cruelty to animals; or
Accessing the service to violate any laws at the local, state and federal level in India or the country/territory in which you reside.
ViperProxy requires a thirty (30) days’ notice of cancellation prior to the billing renewal date for the upcoming billing cycle, submitted via support ticket. A thirty (30) days’ notice before the upcoming billing date is also required for any downgrades. All Client data will be destroyed immediately after the cancellation date. If the notice of cancellation is not provided within thirty (30) days, the server will still be canceled however a termination fee of Rs.1000/– will be applied to the account and must be paid within 15 days to avoid full account suspension.
In the event of allegations of fraud by third parties against ViperProxy or against the Client attributable to any account held or operated by a Client, being made known to ViperProxy, the fraudulent account, and all related accounts, are subject to immediate suspension or termination at the sole discretion of ViperProxy. All information available with ViperProxy about the fraudulent account/service shall be submitted to local authorities, financial institutions or any police or Government authority.
DISCLAIMERS OF LIABILITY; INDEMNIFICATION
We provide the services on “as is”, “with all faults” and “as available” basis and 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.
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.
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, which 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.
ViperProxy provides hardware support related to each direct Client’s service functioning. ViperProxy does not offer software support of any kind. ViperProxy does not provide software support/troubleshooting for the software items chosen from the order form. ViperProxy only ensures the correct default installation of any software item chosen from the order form, and in no way assumes liability for the configuration of any of the installed software. ViperProxy is not responsible for any downtime associated with the incorrect configuration of operating system kernels or any software, whether installed by ViperProxy or the Client. ViperProxy may provide enhanced software support (including kernel configuration) for an additional fee. Please contact sales or support for enhanced support pricing. ViperProxy will only provide support directly to Clients of ViperProxy.
ABUSE/SPAM/BULK EMAIL POLICY
ViperProxy reserves the right to deny mail delivery from any servers hosted on our network if they are believed to be involved in SPAM or SPIM activities. This includes spam support services such as DNS or spamvertised web sites. Our abuse department will locate abusive servers based on public blacklist monitors, abuse reporting from external networks, and other means. If our abuse department receives a report or otherwise becomes aware of abuse-related activities active on our network, we will identify the server the abuse was initially sent from (via IP and in some cases by domain) and create a ticket on behalf of the user who occupies the server with information regarding the abuse such as logs describing the abuse and an explanation of what abuse took place.The following actions will be taken on a case-by-case basis:
- An abuse ticket serves as notification that our abuse department has received reports of abuse originating from the server. We require a Client response to ALL abuse tickets within 48 hours of the ticket being opened. Typically, no service will be suspended or filtered within the first 48 hours of an abuse ticket being opened. If a response is not received within 48 hours, or the server is determined to be abusive (or likely to be abusive in the case of spam backlisting) after the ticket is opened, our abuse technicians may filter or disable ports or IPs assigned to the server temporarily to prevent further abuse until a response is received.
- If a response has not been received to an abuse ticket within 7 days of being opened, the server is eligible for suspension and may be completely disabled until we receive a response.
- Habitual neglect of abuse occurring on a Client’s server may lead to service termination or longer-term port filters as some blacklisting can take several weeks to time out or be removed.
- ViperProxy reserves the right to refuse services to any Client whose account(s) have been fined or terminated for abuse–related activities.
- Compromised servers issued abuse notifications: If our abuse department suspects that abuse reports associated with a Client‚s server are a result of the server’s security being compromised, our abuse department will offer the following options:
- At the discretion of our abuse department, we will typically offer the ability to log in to the server and remedy the security compromise while leaving the abusive traffic filtered.
- Offer an Operating System reinstallation, setting the configuration back to the original state it was provisioned in.
- If Operating System reinstallation is not accepted as an option, ViperProxy may offer to manually retrieve/repair the files on the server, at a fee to be assessed and paid prior to any work being done.
- Habitual security compromises that result in abusive traffic being transmitted or received from the server may result in service termination.
- If a Client wishes to dispute any abuse reports, or any fine assessed in connection with abuse reports or blacklisting, the Client must provide ViperProxy with an explanation via WHMCS’s ticketing system within 10 days of the abuse ticket being opened.
The Client agrees that ViperProxy shall not be liable for the content posted, shared, stored or otherwise made available on the website by the Client through its account. Any claims of infringement arising from Client generated material/ information shall be directed to the Client/ account holder. The Client/ account holder additionally agrees to indemnify and hold harmless ViperProxy from any claims, dispute, settlement, loss or damage resulting from such claims whether by third parties or by servants, employees, associates, agents or other persons claiming from the Client.
ViperProxy shall comply with all requirements laid down under the Copyright Act, 2012, the Information Technology Act, 2000 or any other applicable legislation and requirements thereunder when in conflict with the interests of the Client and the same shall supersede provisions of the present Agreement. In compliance with legal obligations of ViperProxy, any request or instruction for information required to be shared with or provided to or any action required to be taken, including but not limited to removal of content, prevention of access or blacklisting of Client, by any government authority, court of competent jurisdiction or regulatory body shall be complied with. Client agrees not to make any claims against ViperProxy, its servants, agents, employees or any person claiming thereunder for any loss, injury, damage sustained by the Client.
Clients agree to pay any and all bandwidth overage charges accrued on their account from the previous billing cycle. Bandwidth overage charges are billed per gigabyte at a rate of Rs.20/– over the allotted bandwidth on the service. ViperProxy reserves the right to suspend any account which does not pay bandwidth overage charges within 15 days. ViperProxy is not responsible for spikes in bandwidth that are caused on a Client’s service for any reason. Client assumes liability for all bandwidth to and from their services. If issued an expected to exceed bandwidth notification, Clients are required to make payment arrangements within 24 hours of that notification to prevent possible service interruption until adequate arrangements are made. These arrangements may include being required to pro-actively upgrade bandwidth.
In certain cases, if requested by ViperProxy, Clients agree to submit to identity verification measures, designed for both the security of the Client as well as the security of ViperProxy. The identity verification measures may include the emailing up-to two forms of government issued identification to ViperProxy, as well as a front and back copy of the credit card used for payment, as well as a copy of a utility bill with the billing address. In certain circumstances additional identity verification may be required, in addition to the previously listed forms.
ViperProxy keeps all Client information private and will not publicly disclose that they are providing services to the Client unless permission is received on a case-by-case basis. ViperProxy reserves the right to use Client quotes for promotional uses. Such quotes will be anonymous unless the Client agrees to disclosure of their name.
All communications from ViperProxy and the Client are strictly confidential and for the intended use of the addressee only. Any disclosure, use or copying of the information by anyone other than the intended recipient is prohibited and you agree to be held liable for damages if you violate this agreement, forward the information, post it or allow it to be posted online in public or private forums or venues.
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.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
You agree that the laws of the Mumbai, India govern this contract and any claim or dispute that you may have against us or our suppliers, without regard to the conflict of laws rules thereunder, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved exclusively by a court located in Mumbai, India.
- Waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own;
- Irrevocably consenting to the exclusive jurisdiction of, and venue in, Mumbai, India over any disputes or claims you have with us relating to or arising out of the services, the service or the agreement.