Terms of Service
Terms and Conditions for Proxy Services
Last Updated: 29th October 2023
- Acceptance of Terms
1.1. The business relations with Proxy Heaven GmbH, Stadlauer Straße 60/1/24, 1220 Vienna, FN 573533 g (hereinafter: "ProxyHeaven", "we," "us," or "our"), are exclusively governed by the following General Terms and Conditions (hereinafter: "Terms of Service"). These Terms of Service are binding for all current and future business transactions with ProxyHeaven, even if no express reference is made to them. These Terms of Service apply to all users of the site, including without limitation users who are vendors, customers, merchants, and/ or contributors of content.
1.2. Any provisions deviating from or supplementing these Terms of Service - in particular general terms and conditions of business or purchase of contractual partners - will only become part of the contract if expressly confirmed by ProxyHeaven in writing.
1.3. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
1.4. Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. (https://www.shopify.com/legal/terms) (https://www.shopify.com/legal/privacy).
- Proxy & Account Service
2.1. Description: ProxyHeaven offers a range of digital services designed to enhance online accessibility and competitive edge in various digital platforms. Our offerings include, but are not limited to, proxy services that allow users to access websites and online content through our sophisticated network of servers, providing users with dedicated IP addresses. Additionally, we provide aged Gmail email addresses and Nike accounts, meticulously maintained to meet users' diverse online engagement and purchasing needs. These services collectively facilitate a more expansive, secured, and versatile digital experience for our clientele.
2.2. Usage: You may use our proxy services for lawful purposes only. You agree not to use our services for any illegal activities or to infringe upon the rights of others.
2.3. A breach or violation of any of the Terms will result in an immediate termination of your Services.
- Pricing and Payment
3.1. Pricing: We may charge fees for certain premium features or services. The pricing and payment terms for these services will be clearly stated on our website.
3.2. Payment Information: You agree to provide accurate and up-to-date payment information (such as your credit card number, your full name, your billing address, your telephone number, and email address as well as other information required to complete the purchase), and you authorize us to charge your payment method for any fees incurred. If you do not provide us with such required information, we may not be able to process your order.
3.3. Availability: Any purchase is subject to the availability of this service, which may be limited.
- Modifications to the Service and Prices
4.1. Prices for our products are subject to change without notice.
4.2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
4.3. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
6.1. The products we offer are digital. Therefore, no refunds are provided. For further information, please see our refund policy.
6.2. We reserve the right to refuse your order in case an illegal or an unauthorized transaction is suspected.
- Prohibited Activities
7.1. Illegal Activities: This service may only be used for legal purposes. This service allows the user to access any website on the Internet network, except for technical problems. It is the responsibility of the end user to use the capabilities granted by this service in a manner consistent with the laws and policies in effect at the user's personal location and the laws and policies in effect at the location of the website the user visits through this service. Users of this service, and not the owners and operators of this service, are responsible for any consequences resulting from improper or illegal use of the service.
7.2. The Service may not be used for including but not limited to:
- For any illegal purpose, including but not limited to the transmission or receipt of illegal material hacking, fraud, or distributing malware.
- For contacting or communicating with minors in a manner prohibited by law.
- For infringement of copyright or other forms of intellectual property.
- Spamming, indiscriminate advertising, unsolicited commercial e-mail, mass posting of messages or any other form of abuse of the network.
- Transmitting unlawful, harassing, defamatory, abusive, threatening, harmful or hateful material of any kind or nature.
7.3. We reserve the right to cooperate with appropriate law enforcement authorities if any activity conducted through this service violates any law enforceable in the jurisdiction in which the service is operated.
7.4. Abuse: You may not engage in activities that may harm, disrupt, or overload our servers or networks.
7.5. It is prohibited to use ur proxies on the website TicketMaster.com or similar websites if automated processes are involved (the use of our proxies is permitted as long as it is only monitoring or manual browser surfing).
- Disclaimer of Warranty and Limitation of Liability
8.1. No Warranty: We provide our proxy services "as is" and make no warranties, express or implied, regarding their availability, reliability, or suitability for any purpose. We do not guarantee uninterrupted or error-free service.
8.2. Limitation: In no event shall ProxyHeaven be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of our proxy services. Your use of this service is at your own risk. We cannot accept responsibility for any direct or indirect loss or damage arising from your use of this service.
8.3. The information, services and products provided to you on this website may contain errors and are intermittent. Although we do our best to maintain the information, services and products provided, we cannot be held responsible for any errors, defects, lost profits, or other consequential damages resulting from the use of the service, even if we have been advised of the possibility of such damages.
8.4. Any offer of a service on our websites does not constitute a legal offer capable of attracting legal consequences.
9.1. If there are any promotions on our website, the promotions are primarily governed by the promotion rules.
10.1. Termination: We reserve the right to terminate or suspend your access to our services at any time, without notice, for any reason.
10.2. Further we reserve the right to refuse Service to anyone for any reason at any time.
- Copyright and Database Rights
11.1. All content included in or provided through a ProxyHeaven Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations, is the property of ProxyHeaven or third parties who supply content or make it available on the website and is protected by Austrian and international copyright and database right laws. Also, the entire inventory of content included in or provided through an ProxyHeaven Service is the exclusive property of ProxyHeaven and is protected by Austrian and international copyright and database right laws.
11.2. You may not systematically extract and/or reuse any part of an ProxyHeaven Service without our express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any substantial parts of an ProxyHeaven Service for re-use without ProxyHeaven express written consent. You may also not create and/or publish your own database that contains substantial portions of an ProxyHeaven Service (e.g., our prices and product information) without ProxyHeaven express written consent.
- Your Account
12.1. You may need an account to use certain ProxyHeaven Services, or you may need to be logged into your account and have a valid payment method associated with the account. If there is a problem charging your chosen payment method, we can charge any other valid payment method linked to your account.
12.2. If you use any of our services, you are responsible for ensuring the confidentiality of your account and password and for restricting access to your computer and mobile devices, and to the extent permitted under applicable law, you agree to be responsible for all activities that occur through your account or password. You should take all necessary steps to ensure that your password is kept secret and secure, and you should inform us immediately if you have any reason to be concerned that a third party has gained knowledge of your password or that the password is being, or is likely to be, used in an unauthorised manner. You are responsible for ensuring that the information you provide to us is accurate and complete and for notifying us of any changes regarding the information you provide.
12.3. We reserve the right to withhold our Service from you or terminate accounts if your conduct gives us reasonable cause to do so. In particular, this will be the case if you violate applicable law, contractual agreements, our policies or our guidelines, all of which are accessible on our website. Notwithstanding any such restriction or termination, you will continue to have access to content, and services previously purchased by you.
13.1. We do not offer products or services for purchase by minors. If you are under 18, you may use our services only with the involvement of a parent or guardian.
- Links to other websites
14.1. Our website may contain links to third-party-websites, that are neither owned nor controlled by us. ProxyHeaven is not responsible or liable for the content of any third-party-website.
15.1. You are subject to the Terms of Service in effect at the time you use our Services. If you are a customer account holder, and provided that you will not be unreasonably disadvantaged by the change, we may change the Terms of Service, in whole or in part, at any time for the following reasons: For legal or regulatory reasons; for security reasons; to further develop or optimise existing features of the Services and to add additional features; to take account of technical progress and to make technical adjustments and to ensure the future functionality of the Services.
15.2. If any modification is found to be invalid, void or for any reason unenforceable, the validity and enforceability of the remaining modifications or conditions will not be affected.
15.3. Notwithstanding the foregoing, we reserve the right to make changes to the Services at any time.
- Place of Jurisdiction and Choice of Law
16.1. Place of Jurisdiction: For the settlement of all disputes arising out of a contract - including disputes about its existence or non-existence - the exclusive jurisdiction of the competent courts at the seat of ProxyHeaven is agreed.
- Choice of Law
17.1. The contract is exclusively subject to the law of the Republic of Austria under exclusion of the UN Convention on Contracts for the International Sale of Goods.
- Further Provisions
18.1. Salvatory clause: Should any provision of these Terms and Conditions be or become invalid or unenforceable in whole or in part, this shall not affect the validity of all other business provisions. The contracting parties shall replace the legally invalid or unenforceable provision by a valid and enforceable provision which, in accordance with the content and purpose of the legally invalid or unenforceable provision, comes as close as possible.
18.2. Formal requirement: Amendments or supplements to a contract must be in writing. This shall also apply to any amendment to the requirement of written form.
18.3. Offsetting: Offsetting against our claims with counterclaims of any kind whatsoever is precluded.
- Contact Information
19.1. Contact: If you have any questions or concerns about these Terms, please contact us at firstname.lastname@example.org.
By using our proxy services, you acknowledge that you have read, understood, and agreed to these Terms and Conditions.