You agree to do each of the following:

a) Comply with applicable law and the nyprox Acceptable Use Policy.

b) Pay when due the fees for the Services.

d) Cooperate with nyprox's reasonable investigation of outages, security problems, and any suspected breach of the Agreement.

e) Keep your billing contact and other account information up to date.

f) Immediately notify nyprox of any unauthorized use of your account or any other breach of security. In the event of a dispute between us regarding the interpretation of applicable law or the AUP, nyprox's reasonable determination shall control.

You may access the services via the nyprox website, or via the nyprox proxy servers. nyprox may modify its website or proxy servers at any time.

The initial term for each Order begins on the date we make the Services available for your use and continues for the period stated in the Order. If no period is stated in the Order, then the initial term shall be one month. Upon expiration of the initial term, the Order will automatically renew for successive renewal terms of one month each, unless and until one of us gives the other a written notice of non-renewal prior to the expiration of the initial term, or then-current renewal term, as applicable. You must follow nyprox's non-renewal process accessible from the nyprox website to give an effective notice of non-renewal.

We may suspend your Services without liability if:

a) We reasonably believe that the Services are being used (or have been or will be used) in violation of the Agreement.

b) We discover that you are, or are affiliated in any manner with, a person who has used similar services abusively in the past.

c) You don't cooperate with our reasonable investigation of any suspected violation of the Agreement.

d) We reasonably believe that your Services have been accessed or manipulated by a third party without your consent.

e) We reasonably believe that suspension of the Services is necessary to protect our network or our other customers.

f) A payment for the Services is overdue.

g) Suspension is required by law. We will give you reasonable advance notice of a suspension under this paragraph and a chance to cure the grounds on which the suspension are based, unless we determine, in our reasonable commercial judgment, that a suspension on shorter or contemporaneous notice is necessary to protect nyprox or its other customers from imminent and significant operational or security risk. If the suspension was based on your breach of your obligations under the Agreement, then we may continue to charge you the fees for the Services during the suspension, and may charge you a reasonable reinstatement fee (not to exceed $150) upon reinstatement of the Services.

You may terminate the Agreement for convenience at any time. If you terminate the agreement within 7 days of signing up, you are eligible for a refund of your initial payment, providing you send a refund request to [email protected]. If you terminate the Agreement for convenience after 7 days of signing up, you will not receive a pro-rated refund, and you must pay any non-recurring fees that have accumulated during the current term. This directive applies only to credit card purchases. If you purchased a subscription with crypto currency, we can not offer you a refund at no time. Once you have terminated the Agreement, you will no longer have access to the Services.

Nyprox is not responsible to you for unauthorized access to your data or the unauthorized use of the Services unless the unauthorized access or use results from nyprox's failure to meet its security obligations stated in the Agreement. You are responsible for the use of the Services by any employee of yours, any person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.

Payment processing services for nyprox, including the processing and storing of credit card data, are provided by Stripe Payments Europe, Ltd. (“Stripe”) and are subject to the Stripe Services Agreement — Germany (“Stripe Services Agreement”). By agreeing to these terms and continuing to operate as a customer of a paid nyprox plan, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of nyprox enabling payment processing services through Stripe, you agree to provide nyprox accurate and complete information about you and your business, and you authorize nyprox to share with Stripe Payments Europe, Ltd. this information and transaction information related to your use of the payment processing services provided by Stripe.

We do not promise that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, Confidential Information, and property. Nyprox has no obligation to provide security other than as stated in this Agreement. We disclaim any and all warranties not expressly stated in the Agreement, including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. You are solely responsible for the suitability of the service chosen. The Services are provided as is. Any voluntary services we may perform for you at your request and without any additional charge are provided as is.

You may resell the Services, but you are responsible for use of the Services by any third party to the same extent as if you were using the Services yourself. Unless otherwise agreed, nyprox will provide support only to you, not to any other person you authorize to use the Services. There are no third party beneficiaries to the Agreement, meaning that third parties do not have any rights against either of us under the Agreement.

As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or otherwise prohibited by this AUP. You may not use the Services in any manner that could damage, disable, overburden, or otherwise impair any of the Services offered by nyprox.com, or any services offered by a third party, or interfere with any other party's use and enjoyment of any of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.

The Services are designed to enable you and your end users to communicate with others via the Internet. You agree to use the Services only to post, send and receive messages and material that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when you using a Service, you will not:

a) Use the Service in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).

b) Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

c) Publish, post, upload, distribute, traffic or disseminate any defamatory, obscene, or otherwise unlawful content, such as child pornography or virtual child pornography.

d) Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation.

e) Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.

f) Use any material or information, including images or photographs, which are made available through the Services in any manner that

g) Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's property.

h) Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner.

i) Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

j) Restrict or inhibit any other user from using and enjoying the Services.

k) Violate any code of conduct or other guidelines which may be applicable for any particular Service.

l) Harvest or otherwise collect information about others, including e-mail addresses, except as needed to operate your site and as permitted in your site's privacy policy (if any).

m) Create a false identity for the purpose of misleading others.

n) Host TOR exit nodes.

o) Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Services or other user or usage information or any portion thereof.

p) Network probing or port scanning tools are only permitted if explicitly authorized by the destination host and/or network. Unauthorized port scanning, for any reason, is strictly prohibited.

q) Utilizing bots for the purpose of repeatedly and/or automatically acquiring merchandise and anything similar that violates 3rd party ToS that could result in the blocking of nyprox IP space or ASN.