Terms of Service
Your use of any of the proxy services (the “Service” or “Services”) offered by Privacy Partners, LLC (the “Company”) is contingent upon your adherence to the following terms of service (“TOS”). The Company reserves the right to update and refine the TOS at any time without prior notice. By accessing or using the Service, you are indicating that you are aware of the TOS and consent to abide by it. Failure to comply with the TOS negates any commitment of the Company and may result in the termination of your account.
1. DESCRIPTION OF SERVICE AND ACCOUNT GUIDELINES
The Company provides its users with the ability to privately retrieve information contained on third party web sites through the Internet, among other benefits. In exchange for this Service, the Company charges its users a monthly fee. Users must be at least 18 years old and competent to enter into a contract to use the Service. Users must also provide current, complete, and accurate personal information when registering with the Service and maintain it accordingly.
2. USER ACCOUNT, FEES, PASSWORD, AND SECURITY
To open an account, you must complete the registration process and successfully complete the payment authorization from our offered payment processor. You then will choose a password and unique user ID. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur through the use of your account and/or password. You agree to notify the Company immediately of any unauthorized use of your account or any other security breaches.
For your access to the Service, the Company will bill you a monthly fee, which you are required to pay. The Company may increase the fees for the Service at any time and without prior notice, and your sole remedy in the case of your refusal to accept said fee increase is to terminate your account.
3. USER PRIVACY
It is the Company’s policy to respect the privacy of its users. The Company will not monitor, edit, or disclose any personal information about you or your use of the Service, including its contents, without your prior permission unless the Company has reason to believe that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Company; (3) enforce the TOS; or (4) to protect the interests of its other users. You agree that the Company may access your account, including its contents, as stated above or in order to respond to service or technical issues.
4. USER CONDUCT
As a condition of your use of the Service, you warrant that you will not utilize the Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. By accessing any content (including information, data, text, software, music, sound, photographs, graphics, video, or messages) through the Service (the “Content”), you warrant that: (1) you are the owner of such Content, or have been granted all the rights necessary from the Content owner, and (2) that the use of such Content will not infringe the intellectual property rights, or otherwise violate the rights, of any third party. By submitting Content to the Company, you automatically grant the Company (or warrant that the Content owner has granted) a nonexclusive, royalty-free license to use, modify, copy, duplicate, transmit, publicly display, publish, create derivative works of, distribute, or transfer any such Content, for any purpose whatsoever without any compensation to you.
YOU AGREE TO USE THE SERVICE ONLY TO PERFORM WORK ON YOUR OWN BEHALF. ANY UNAUTHORIZED OR COMMERCIAL USE OF THE SERVICE, OR THE RESALE OF ITS SERVICES, IS EXPRESSLY PROHIBITED. YOU FURTHER AGREE THAT YOU MAY ONLY OPERATE ONE (1) CONNECTION TO THE SERVICE FOR EACH ACCOUNT AND USER ID YOU MAINTAIN. IN ADDITION, THE BANDWITH FOR YOUR CONNECTION MAY BE LIMITED BY THE COMPANY, IN THE SOLE DISCRETION OF THE COMPANY, AND YOU AGREE THAT YOUR USE OF BANDWITH IN EXCESS OF THE LIMITATION SET BY THE COMPANY ENTITLES THE COMPANY TO TERMINATE YOUR CONNECTION AND/OR TERMINATE YOUR ACCOUNT.
PERSONAL AND NONCOMMERCIAL USE LIMITATION
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any materials, information, software, products or services obtained from this web site and Service without the express written permission of the Company, and/or the rightful owner or licensor of such materials, information, software, products or services.
You agree to abide by all applicable local, state, national, and international laws/regulations and are solely responsible for all the acts or omissions that occur through your account or password, including the content of your transmissions through the Service. You may not use the Service in any manner which could damage, disable, overburden, or impair any the Company’s Site/Service(s) (or the network(s) connected to any of the Company’s Site/Service(s)) or interfere with any other party's use and enjoyment of any of the Company’s Site/Service(s). You may not attempt to gain unauthorized access to any of the Company’s Site/Service, other accounts, computer systems or networks connected to any of the Company’s Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Company’s Site/Service(s). You are responsible for any content that you post or transmit on or through the Service. By way of example, and not as a limitation, you agree not to:
- Use the Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
- Defame, abuse, harass, stalk, threaten, or otherwise violate any of the legal rights of others;
- Publish, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material/information;
- Advertise or offer to sell or buy any goods or services for any non-personal purpose;
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;
- Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents;
- Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service through password mining or any other means;
- Violate any applicable laws or regulations including, but not limited to, laws regarding the transmission of technical data or software exported from the United States through the Service;
- Interfere with another user’s use and enjoyment of the Service or another individual's or entity's use and enjoyment of similar services;
- Violate the Company’s own copyrights or take any part of the service or its written components and manipulate or copy it for your own use.
The Company has no obligation to monitor the Service or any user's use thereof or retain the content of any user session. However, the Company reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
You will comply with all applicable laws and regulations regarding online conduct and content. You will not use the Service to collect, store, or use information about others for the purpose of sending unsolicited or unauthorized communications. If you violate any of these terms and conditions, your permission to use the Company’s Site/Service(s) automatically terminates.
5. THIRD PARTY CONTENT
Any information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials retrieved from third party web sites is not under the control of the Company and the Company is not responsible for the contents accessed from any site or any link contained in a linked site or any link site or any link contained in a linked site, or any changed or updates to such sites. The Company does not imply endorsement of the content provided by other sites or any association with their operators.
6. DISCLAIMERS/LIMITATION OF LIABILITY
By using the Company’s web site or any applications, software, and content contained therein, you agree that use of the Service is entirely at your own risk. The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically made to the information herein. The Company and/or its respective suppliers may make improvements and/or changes in the Service at any time.
The Company does not represent or warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components. The Company does not warrant or represent that the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable.
You specifically agree that the Company shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that the Company is not responsible or liable for any threatening, defamatory, obscene, offensive, or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that the Company is not responsible for any content sent using and/or included in the Service by any third party.
THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE COMPANY DOES NOT GUARANTY THE QUALITY OF THE SERVICE, THE ADEQUECY OF THE ENCRYPTION, OR THE PRIVACY PROTECTIONS PROVIDED THEREBY. THE SERVICE IS PROVIDED "AS IS" AND HAS NO WARRANTY OF ANY KIND. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.
7. INDEMNIFICATION
You agree to indemnify and the Company, its parents, subsidiaries, affiliates, officers and employees immune from any claim, demand, or damage, including reasonable attorneys' fees, that are asserted by any third party due to or arising out of your use of or conduct on the Service. You agree that we will respond to your complaints only with a refund for the current and remaining months of your user agreement.
8. TERMINATION
The Company may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, to be effective immediately, for any reason whatsoever. Upon termination of the Service, your right to use the Service immediately ceases. If you wish to terminate your account, your only recourse is to discontinue the use of the Service. This TOS will continue to apply to all past use of the service by you, even if you are no longer using it.
9. NO SPAM; DAMAGES
The Company will immediately terminate any account which it believes, through its own discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk e-mail. In addition, in cases where actual damages cannot be reasonably calculated since they are often difficult to quantify, you agree to pay the Company liquidated damages of $10 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account; otherwise you agree to pay the Company’s actual damages, to the extent such actual damages can be reasonably calculated.
10. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that Content including, but not limited to, text, software, music, sound, photographs, video, graphics, or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by the Company, or the Company’s Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way Content available through the Service and its associated Web sites, including code and software.
11. MODIFICATIONS TO TERMS OF SERVICE
The Company reserves the right to change the Agreement or policies regarding the use of the Service at any time. You agree that notification will consist of posting an updated version of the TOS on the Company’s web site. You are responsible for regularly reviewing the TOS. Continued use of the Service after any such changes shall constitute your consent to such changes.
The Service is currently accessible to users for a monthly fee; however, the Company reserves the right to modify the pricing structure in the future. The Company will notify you of any fees associated with any portion of the Service, and will require you to subscribe to any such portion of the Service prior to charging you any fees.
12. GENERAL
This agreement is governed by the laws of the State of Florida, without giving effect to its conflicts of laws provisions. Both parties submit to the personal jurisdiction of Florida and further agree that any cause of action relating to this Agreement shall be brought in Tampa, Hillsborough County, Florida.
You and the Company agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this TOS or use of the Service. The Company’s performance of this TOS is subject to existing laws and legal process, and nothing contained in this TOS is in derogation of the Company’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by the Company with respect to such use. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the TOS shall continue in effect. You agree that the Company may communicate with you, or with others on your behalf, via email, any similar technology, or regular mail for the purposes relating to your user account, the Service, any software provided with the Service or any other services provided now or in the future by the Company or on the Company’s behalf. Unless otherwise specified herein, this TOS constitutes the entire agreement between the user and the Company with respect to the Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.
This Agreement was updated on November 24, 2008














