These Terms of Use alongside with Service Level Agreement and Refund and Cancelation Policy were created to govern the access and use of the ASocks Services. The Site www.ASocks.com is owned and operated by ASocks.

These Terms of Use, constitute legally binding agreement between You, as the User of the ASocks Services, and ASocks (may refer to “We”, “Our”, “Ours” or “Us” in the Terms of Use). If a conflict arises between these Terms of Use or contract made in written between You and Us, provisions of such contract made in written shall prevail.

ASocks has developed, owns and offers a Service which enables browsing the internet by redirecting users’ communication through other users’ devices (the “System” and the “Service” – please see detailed Service description in Service Level Agreement). This is available for commercial use under this agreement.

Please read this Terms of Use carefully as far as it will regulate relations between You and Us in the course of Your use of this Web Site, the System and the Services. By using this Site and The System You agree to be bound by the terms and conditions stated herein. You claim and warrant that You have full legal authority to enter these Terms of Use and to be legally bound by it and that You achieved the age of legal majority under the laws or regulations in Your jurisdiction.

Registration and User Account

You will need to pass the registration procedure and create Your Account to obtain the access to the Services and the System. The registration procedure covers the transfer of User’s data to Us by filing the information in a special registration form and is subject to Privacy Policy.

By completing the registration procedure on the Site, You agree to use the Services in accordance with these Terms. You agree to provide Us with the accurate and complete registration information. You hereby represent and warrant to ASocks. that you are not:

(i) in violation of any Anti-Terrorism Law (defined herein below);

(ii) conducting any business or engaging in any transaction or dealing with any Prohibited Person (defined herein below), including, without limitation, the making or receiving of any contribution of funds, goods or services to or for the benefit of any Prohibited Person;

(iii) dealing in, or otherwise engaging in any transaction relating to, any property or interest in property blocked pursuant to Executive Order No.13224;

(iv) engaging in or conspiring to engage in any transaction that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate any of the prohibitions set forth in any Anti-Terrorism Law; or

(v) a Prohibited Person, nor are any of its partners, members, managers, officers or directors a Prohibited Person. As used herein, “Anti-Terrorism Law” is defined as any law relating to terrorism, anti-terrorism, money laundering or anti-money laundering activities, including, without limitation, Executive Order No.13224 and Title3 of the USA Patriot Act.

As used herein “Executive Order No.13224” is defined as Executive Order No.13224 on Terrorist Financing effective September24, 2001, and relating to “Blocking Property and Prohibiting Transactions With Persons Who Commit, or Support Terrorism.” “Prohibited Person” is defined as:

(a) a person or entity that is listed in the Annex to Executive Order 13224;

(b) a person or entity with whom You or ASocks. is prohibited from dealing or otherwise engaging in any transaction by any Anti-Terrorism Law; or

(c) a person or entity that is named as a “specially designated national and blocked person” on the most current list published by the U.S.Treasury Department Office of Foreign Assets Control at its official website, [treas.gov/ofac/t11sdn.pdf] and the list published by the UK Office of Financial Sanctions Implementation at its official website, [gov.uk/government/publications/the-uk-sanctions-list], or at any replacement website or other official publication of such lists. “USA Patriot Act” is defined as the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001” (Public Law 107-56). The failure to provide accurate information may affect Your use of the Services.

To learn more about the collection, storage and transfer of the User’s Personal Data, please read our Privacy Policy and Cookie Policy.

You are solely responsible for all activity in connection with access to the Site and/or the Services through Your Account or using Your password, and for the security of Your computer systems, and in no event shall We be liable for any loss or damages relating to such activity.

Acceptable Use

By using System You represent and warrant:

Not use the System in violation of applicable law or regulations or any third-party rights (including intellectual property rights), or for governmental purposes.

Not use the System to:

(i) distribute cracking, warez, ROM, virus, adware, worms, trojan horses, malware, spyware or any other similar malicious activities and products or any other computer code, files or programs designed to interrupt, hijack, destroy, limit or adversely affect the functionality of any computer software, hardware, network or telecommunications equipment;

(ii) cause any network resource to be unavailable to its intended users, including, without limitation, via “Denial-of-Service (DoS)” or “Distributed Denial-of-Service (DDoS)” attack;

(iii) distribute any unlawful content or encourage any unlawful activity;

or (iv) cause any damage or service disruption to any third party computers or service.

ASocks right to Inspect and suspend Account and Services

The ASocks has the right, but not the obligation, to monitor Client’s use of the System for billing purposes and to verify for misuse or network abuse. The ASocks may share the User’s relevant information with any authority in case of a complaint or a lawsuit, if the ASocks determines that it is necessary to comply with law, regulation, subpoena or court order.

The ASocks in its sole discretion and at any time, may suspend User’s right to access or use the System immediately upon notice to User, if the ASocks determines that:

a) User’s use of or registration for the Service

  1. poses a security risk to the System or any third party,

  2. may adversely impact the System or any other ASocks customer, including by way of causing a user to be blocked from certain websites, networks or services,

  3. may subject the ASocks, our affiliates, or any third party to liability, or is in breach under any applicable laws or regulations,

  4. may be fraudulent, or

  5. may disparage or devalue ASocks reputation or goodwill; or

b) User is in breach of this Agreement, including if User is delinquent on payment obligations.

c) User fails to comply with providing true and accurate information requested by ASocks during the registration process or subject to Asocks periodical KYC requests.

Fees and Payments

In order to have constant access to the System you should subscribe to our paid Subscriptions, these are the payment and billing terms that apply. Paid Services and billing may auto-renew unless you cancel. You may cancel at any time.

We offer the Services for only within the Trial period as it is described herein. By signing up for and using the Services, you agree to our Terms of Use, and any additional terms and conditions provided here.

By signing up for and using the Services, including signing up for Trials of the Services, You agree to pay any fees or other incurred charges that apply to the Services (such as subscription fees and traffic overuse fees).

When you sign up for the Services, you must designate the chosen Subscription and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect via automatic debit or ACH from your Payment Method the appropriate fees charged for the Services.

You shall pay for the Services on a periodic basis and subject to terms and periods defined by the Subscription plan you have chosen. Unless otherwise stated, all fees due for the Services are payable on the first day of use of Services subject to the terms defined by Subscription plan. You will be billed automatically to the Payment Method opted by You, according to the calculation of the cost of Subscription and the amount of Traffic not included within the Subscription but used by You during the month to be billed for, as applicable. Unless otherwise stated, Services will auto-renew for the next month and billed upfront for the next month on the date of Your first Subscription each month until you elect to cancel your access to the Services. All purchases of the Services are final and non-refundable, except at Our sole discretion and in accordance with the rules governing the Services.

There are no refunds for termination or cancellation of the Service. If the User no longer wish to subscribe to a Service, it is User’s responsibility to cancel the Service in due time, regardless of whether or not such User actively use the Service

To the maximum extent permitted by applicable laws, we may change our prices for Services at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the Website and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the Service prior to the change going into effect.

All the fees are put on the web-site and the Subscriptions are mentioned yet without adding VAT, sales taxes or other taxes and charges due to be paid in accordance to your local legislation or requirements to the international laws and bilateral interstate agreements. You should note that the final amount payable to Us stated in the invoice or automatic debit may include such taxes and charges.

We offer trials of our Services to the new Users (a “Trial”). A Trial provides the User full access to the Services for a 3 (three) business days period or amount of Traffic that is specified in Trial description, after the first registration.

Before the expiration of a Trial, You may need to provide us with your preferred Payment Method. Only after You submit your payment details, you can get access to the Services when the Trial has expired. You will not be charged until the Trial period ends.

Unless you cancel before the end of the Trial, or unless otherwise stated, your access to the Service will automatically continue and you will be billed the applicable fees for that Service using the Payment Method you provided. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing the Services. We may send you a reminder when your Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Trial will end if you decide you do or do not want to become a user paying for the Services after the Trial period.

If the You decide you do not want to pay the Services, You must cancel your subscription before the end of the Trial period. You may lose access as soon as You cancel or at the end of the Trial period. Once You have cancelled Trial and received confirmation, you cannot resume the Trial period even if it was not used for the entire duration of the offer.

The Service features and content may change at any time, and we cannot guarantee any specific feature or content will be available for the entire Trial period. The rates in effect when you sign up for the Trial will be the same when the Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Trial offer, your access to the Services during the Trial, or any of these terms without notice and with no liability. The User may not sign up for more than one Trial of the Service, and we reserve the right to limit the User’s ability to take advantage of multiple Trials.

Prices are net of any withholding or other taxes and the Client shall be responsible for payment of all such applicable taxes, levies, charges or duties, including sales or use taxes, imposed by any federal, state, or local governmental entity on the Service furnished by ASocksunder this Agreement, except for taxes based on ASocksnet income, gross revenue, or employment obligations. If ASocks is obligated by applicable law or regulation to collect and remit any taxes relating to the Service, then ASocks may deduct the appropriate amount from the Client’s account.

Intellectual property rights

You acknowledge that all rights in and to the Site and its content, including visual interface, graphics, design, text materials, compilations, computer code, software and all other elements of the Site are and shall remain Our sole property.

Except as expressly stated herein, these Terms do not grant You any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licenses in respect of the Site, and the System.

We confirm that We have all the rights in relation to the Site and the System that are necessary to grant all the rights We purport to grant under, and in accordance with these Terms.

Third Party Applications

The User may be able to access certain third-party links, applications, content, services or activities (“Third-Party Applications”) via our Services. You are in no way obligated to use any Third-Party Applications, your access and use of such applications is entirely at your own risk, and we have no associated liability. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.

Modification of the Site and the System

We may from time to time modify, alternate or change design, functionality or information contained on the Site at Our own discretion without any prior notice to You.

Modification of these Terms

We reserve the right to change these Terms of Use. We shall notify You about such changes in Our legal documents, including these Terms of Use, Service Level Agreement and/or any other kind of legal and information document regarding the Site, the Services and/or any other area of relations between You and Us, by the email or through notification on the Site. The updates become legally binding after the posting of the renewed Terms on the Site. Your use of the Services following any such update or revision constitutes your agreement to be bound by and comply with these Terms as updated or revised.

To find out more about any modifications of how We collect, store or use Your Personal Data, please read Our privacy Policy

No modification to these Terms of Use or any other legal document at this Site by You is allowed. Any abovementioned modification, alteration, change of any kind without Our express written consent shall be negligent.

Termination

We reserve the right in any time without liability to You at Our sole discretion to limit, suspend or revoke Your access to the System in case of any breach of these Terms of use or any other written Agreement between You and Us.

Warranty, Disclaimer and Limitation of liability

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE OR LEGAL DOCUMENTS AT THIS SITE, NEITHER WE NOR OUR LICENSEES, VENDORS, AGENTS, AFFILIATES MAKE ANY SPECIFIC PROMISES, WARRANTIES OR REPRESENTATION ABOUT THE SITE. SITE AND SERVICES ARE PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS.

ASocks DO NOT MAKE ANY STATEMENTS OR GIVE ANY WARRANTIES ABOUT THE RESULTS OBTAINED BY USING SITE AND SERVICES, THE SPECIFIC FUNCTIONS OF THE SITE OR IT’S RELIABILITY, AVAILABILITY, ACCURACY OR ABILITY TO MEET YOUR NEEDS. WE DO NOT WARRANT THAT ACCESS TO THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR SERVICES WILL BE CORRECTED. SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL SUCH WARRANTIES.

ASocks IS PROVIDING THE USE OF THE SYSTEM ON “AS IS” BASIS AND IT EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED TO THE CONDITION, VALUE OR QUALITY OF THE SYSTEM, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY, ABSENCE OF VIRUSES OR ANY DEFECT THEREIN, WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. ASocks FURTHER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT THE USE OF THE SYSTEM WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION CONTAINED THEREIN WILL BE ACCURATE OR COMPLETE.

ASocks AND OUR LICENSEES, VENDORS, AGENTS, AFFILIATES WILL NOT BE RESPONSIBLE FOR LOST OF PROFITS, REVENUES OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES.

UNDER NO CIRCUMSTANCES SHALL WE AND OUR LICENSEES, VENDORS, AGENTS, AFFILIATES BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Other provisions

If any part of this Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remainder of the Terms of Use shall continue in effect.

These Terms of Use are governed by laws of England. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

All disputes related to these Terms of Use shall be resolved by negotiations between the parties, which agree to make all efforts to resolve the dispute. If the Parties fail to reach consent, the disputes shall be resolved by arbitration under the London Court of International Arbitration (LCIA), which Rules are deemed to be incorporated by reference into this clause.

In addition, both You and the We agree to bring any dispute in arbitration on an individual basis only, and not on a class, collective, or representative basis on behalf of others. There will be no right or authority for any dispute to be brought, heard or arbitrated as a class, collective, representative or private attorney general action, or as a member in any such class, collective, representative or private attorney general proceeding.

These Terms of Use constitutes the entire agreement between You and ASocks with regard to its subject matter and supersedes any and all prior negotiations, representations and agreements, whether written or oral, between You and Us.

Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Services. The Terms of Use constitute the entire agreement between you and us with respect to your use of the Services.

Our failure to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

You may not assign, delegate, or otherwise transfer your account or your obligations under these Terms of Use without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these Terms of Use and will have the right to delegate or use third-party contractors to fulfill our duties and obligations under these Terms of Use and in connection with the Services.

Our notice to you via email, regular mail, or notices or links displayed in connection with the Services constitutes acceptable notice to you under the Terms of Use. We are not responsible for your failure to receive notice if email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address. Notice will be considered received forty-eight hours after it is sent if transmitted via email or regular mail. In the event that notice is provided via links displayed in connection with the Services, then it will be considered received twenty-four hours after it is first displayed.

Contact us

Questions regarded to legal and copyright issues are to be sent to [email protected]

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