ProxyChina Terms of Use

1. THIS IS AN AGREEMENT BETWEEN YOU AND ProxyChina

This is an agreement ("Agreement") between you and ProxyChina, Inc. (or, if applicable based on where you live, one of its affiliates) ("ProxyChina"). This Agreement governs your use of any Web site or Web page operated by ProxyChina (each, an "ProxyChina Web Site," and collectively, the "ProxyChina Web Sites"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. ProxyChina OFFERS THE ProxyChina WEB SITES TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE ProxyChina WEB SITES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 9, 10, and 11); AND AN EXCLUSIVE REMEDY (See Section 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN.

2. HOW ProxyChina MAY MODIFY THIS AGREEMENT

ProxyChina reserves the right to change the terms, conditions, and notices under which it offers the ProxyChina Web Sites, including any charges associated with the use of the ProxyChina Web Sites. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any ProxyChina Web Site. Your continued use of the ProxyChina Web Sites after the effective date of such changes constitutes your acceptance of and agreement to such changes.

3. ADDITIONAL TERMS

Any ProxyChina Web Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that ProxyChina Web Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within an ProxyChina Web Site, then the terms in this Agreement shall control.

4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE ProxyChina WEB SITES

The ProxyChina Web Sites are only for your personal use. You will not use the ProxyChina Web Sites for commercial purposes; including but not limited to, sending commercial email solicitation or advertisements. You will not use the ProxyChina Web Sites in any way that is unlawful, criminal, or harms ProxyChina, its affiliates, resellers, distributors, service providers and/or suppliers (each, an "ProxyChina Party" and collectively, the "ProxyChina Parties") or any customer of an ProxyChina Party, as determined in ProxyChina's sole discretion or any other person. You will not use the ProxyChina services to harass or threaten any other party. You will not use the ProxyChina Services to crash, slow, or intentionally harm any computer system. You may not use the ProxyChina Web Sites in any way that breaches any code of conduct, policy or other notice applicable to the ProxyChina Web Sites. You will not use the ProxyChina Services to obtain unauthorized access to any computer system. Without limiting the generality of this section, you may not use the ProxyChina Web Sites in any manner that could damage, disable, overburden, or impair any computer system or ProxyChina Web Site (or the network(s) connected to any ProxyChina Web Site) or interfere with any other party's use and enjoyment of the ProxyChina Web Sites.

5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY

Without limiting the generality of Section 4, you will not use the ProxyChina Web Sites to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. You will not use the ProxyChina Web Sites in any way that violates the ProxyChina Anti-Spam Policy. You may view our Anti-Spam Policy outlined in our User Agreement - Personal, Non-Commercial Use. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. ProxyChina may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of the ProxyChina Web Sites includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through the ProxyChina Web Sites even if such e-mail does not violate the Anti-Spam Policy.

6. COMMUNICATIONS MONITORING

To the maximum extent permitted by applicable law, ProxyChina may monitor your use of the ProxyChina service, e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of the ProxyChina Parties or any customer of a ProxyChina Party.

7. SOFTWARE

Your use of any software or services associated with the ProxyChina Web Sites will be governed by the terms and conditions of the end user license agreement ("EULA") accompanying such software. If you receive any software that is not accompanied by a EULA, then ProxyChina grants to you a non-exclusive, revocable, personal, non-transferable license to use such software solely in connection with the ProxyChina Web Sites and in accordance with this Agreement. ProxyChina reserves all rights to such software not expressly granted to you in this Agreement. Such software is protected by copyright and other intellectual property laws and treaties. ProxyChina or its suppliers own the title, copyright, and other intellectual property rights in such software, and such software is licensed, not sold. You will not disassemble, decompile, or reverse engineer, such software, except and only to the extent that such activity is expressly permitted by applicable law. ProxyChina may automatically check your version of such software and provide occasional in-product messages to notify you of the new software updates, upcoming service expirations, or newly emerging security threats.

8. AUTOMATED AND HIGH SPEED REQUESTS

You will not access the ProxyChina Web Sites using any automated system or using repeated high speed requests.

9. ProxyChina MAKES NO WARRANTY

ProxyChina PROVIDES THE ProxyChina WEB SITES "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ProxyChina PARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE ProxyChina PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE ProxyChina WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.

10. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY

IN NO EVENT WILL ANY ProxyChina PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF THE ProxyChina WEB SITES, EVEN IF SUCH ProxyChina PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 10 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE ProxyChina WEB SITES, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY ProxyChina PARTY WITH RESPECT TO THIS AGREEMENT OR THE ProxyChina WEB SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ProxyChina WEB SITES.

11. CHANGES TO THE ProxyChina WEB SITES; ADDITIONAL LIABILITY LIMITATION

THE ProxyChina PARTIES MAY CHANGE THE ProxyChina WEB SITES OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use the ProxyChina Web Sites, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by ProxyChina and persons other than ProxyChina (any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT THE ProxyChina PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT ProxyChina IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE ProxyChina WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE ProxyChina WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE ProxyChina WEB SITES IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM ProxyChina OR THIRD PARTIES THOUGH LINKS CONTAINED ON THE ProxyChina WEB SITES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 9, 10 AND 11 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW.

12. TERMINATION; ACCESS RESTRICTION

ProxyChina may terminate this Agreement, or terminate or suspend your access to the ProxyChina Web Sites at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the ProxyChina Web Sites will immediately cease.

13. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES

If this Agreement is with ProxyChina, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of California, without reference to conflict of laws principles. If this Agreement is with an ProxyChina affiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such ProxyChina affiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject ProxyChina Web Sites are directed. If this Agreement is with ProxyChina, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in San Diego County, California, USA in all disputes arising out of or relating to the use of the ProxyChina Web Sites. If this Agreement is with a ProxyChina affiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such ProxyChina affiliate in all disputes arising out of or relating to the use of the ProxyChina Web Sites.

14. INTERPRETING THE AGREEMENT; ASSIGNMENT

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, 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 and the remainder of this Agreement will continue in effect. ProxyChina may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the ProxyChina Web Sites. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and ProxyChina with respect to the ProxyChina Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and ProxyChina with respect to the ProxyChina Web Sites. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.

15. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM

YOU AND ProxyChina AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ProxyChina WEB SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

16. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS

All contents of the ProxyChina Web Sites are Copyright © 2005 ProxyChina, Inc. and/or its suppliers. All rights reserved. ProxyChina and/or other ProxyChina products and services referenced herein may also be either trademarks or registered trademarks of ProxyChina in the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved.

17. OTHER NOTICES

EXPORT CONTROLS

The ProxyChina products and services may be subject to United States export controls. Access to ProxyChina services is prohibited from any country to which the United States has embargoed goods ( Syria, Sudan, North Korea, Afghanistan, Cuba, Iran, Iraq, and Libya) and from any organization named on the United State's Commerce Department's "Denied Parties List." In using the ProxyChina services, you are tacitly consenting to abide by all applicable US export laws and regulations. You are also confirming that you are not under the control of or residing in any country named under US export law. For more complete information on export laws, please refer to the US Commerce Department Bureau of Export Administration at (202) 482-2440, or (202) 482-4811.

DISALLOWED USES OF ProxyChina SERVICES

By using the ProxyChina Services, you agree to be bound, without any limitation or qualification, by the following Policies. * You agree not to use the Services to carry out unlawful activities. * You agree not to use a robot, such as ReGet, GetRight, Go!Zilla, or any similar programs, to download content continuously in an unattended or attended basis. * ProxyChina is not responsible in anyway for any damages or losses, either directly or indirectly, arising from your use of the Service, or by your inability to use the Service. * If you post messages through the Service, or send email through the Service, you agree not to send anything that is unlawful. You agree that you will not use the Service to: o harass, threaten, or abuse others. o invade the privacy of others. o infringe the copyright and/or intellectual properties of others. o impersonate another person or entity. o SPAM the Internet. o do anything illegal. * The Services are provided "as is". There is no warranty, expresses or implied, of any kind. ProxyChina does not warrant that the contents retrieved through the Service are error free. * You agree not to use the Service to post or email messages of a spamming nature or in violation of the ProxyChina Anti-Spam Policy. ProxyChina reserves the right to take whatever actions ProxyChina deems appropriate to enforce ProxyChina’s policies including, but not limited to Terms of Use and Notices. ProxyChina also reserves the right to change ProxyChina policies without prior notice at any time. The actions ProxyChina takes may include suspension or termination of the Service for the customer. ProxyChina does not issue credits for accounts cancelled due to policy violations. ProxyChina reserves the right to refuse service to anyone at anytime for any reason.