Terms of Use

as of: 21. December 2009

By using services of Valid-Proxy.com, you consent that you have read, understood, and agree to be bound by the Terms of Service contained herein and the Privacy Policy posted. You agree that you have reached the age of majority in your state or country or that you have parental permission to use Valid-Proxy.com. If you do not agree with these Terms of Service, please do not access or otherwise use our services.

Please note: This is a translation of a German document. Errors and omissions excepted. Legal basis for the contractual relationship is the German original document.

Valid-Proxy.com provides any services solely based on these terms and conditions.

§ 1 Subject of Agreement

We operates computers, which are permanently connected to the internet (proxy servers). These are completely (dedicated) or partially (virtual dedicated) placed at the disposal of other companies or individuals for their own purposes. The information stored on the servers can be retrieved all over the world by means of the computer communication network internet.

§ 2 Contract Amendments

The Provider has the right to change the contents of this contract with consent of the Customer, as long as the amendment is reasonable for the Customer with regard of the Provider’s interest. The amendment is considered as approved, unless the Customer objects to it within four weeks after receiving the amendment notification.

§ 3 Services of the Provider

a) The Provider delivers services by himself or by means of third parties according to the range of services published on the internet at the time of the order.

b) The Provider places an access to the Customer’s disposal, by which means the Customer can acces all kinds of information in the internet. This access is secured by a password. The Provider does not know the password. The Customer commits himself to keeping the password strictly secret and to inform the Provider immediately, as soon as it has come to his attention, that unknown third parties have come to know the password. The provider has no responsibility for the information the customer acces through provider's services.

§ 4 Duties of the Customer

a) For the services described in § 3, the Customer pays in advance the prices as stated in the range of services.

b) The Provider charges for his delivered services either monthly or for some months in advance, depending on the agreed payment method. The amounts listed in the invoice shall be paid immediately after receipt without deduction. The invoice may be sent via e-mail or bz any other electronic means. The Provider is entitled to change the selected mode of dispatch, in particular if legal, organizational or technical reasons require it, ie through connected payment provider.

§ 5 Contract Period, Cancelation

a) The contract starts with the order process online and is concluded either with or without a minimum contract period of up to 12 months, depending on the specification of services. Contracts without a minimum period can be cancelled anytime to the end of the respective accounting period. Contracts with a minimum period are renewed automatically for another full period, if they are not cancelled at least before the end of the respective contract period. The contract is viewed as canceled if no payment for the new subscrioption period was accepted.

b) The right of an instant cancelation for good cause will remain unaffected. As good causes for the Provider to cancel the contract are particularly regarded

• the Customer violates legal interdictions, especially regulations regarding copyright, competition, names or data privacy,
• the Customer publishes national socialist, racist or radical content, or content that is illegal in any other form,
• the continuance of other contract violations after the Provider has called the Customer to order,
• a fundamental change in the legal or technical standard on the internet, if it is impossible thereafter for the Provider to continue delivering his services in full or parts of it.

c) If a Customer should be in default, the Provider is at liberty to block the Customer without deadline and further notice from accessing his server over the internet.

§ 6 Range of Services and General Service Conditions

The Provider delivers its services according to his Range of Services and General Service Conditions. The Range of Services and General Service Conditions are constituents of this contract and are on hand of the Customer at the time of contract conclusion.

Right of Revocation

a) Objections are to be sent to Oleksandr Zinchenko, Dorotheenstr. 70 40235 Düsseldorf, Germany. With the order confirmation and the sending of the access data (= contract activation) by Oleksandr Zinchenko, Dorotheenstr. 70 40235 Düsseldorf, Germany, the contract will be valid for the minimum period as stated therein. The contract activation represents the declaration of acceptance.

b) Consumers may revoke the contract within two weeks by sending a respective note to Oleksandr Zinchenko, Dorotheenstr. 70 40235 Düsseldorf, Germany. This period starts with receiving the order confirmation. A cancellation is excluded in case of contracts for goods and services especially assembled and configured according to Customer specifications. The right of revocation is also excluded when the consumer uses the service actively.

General Service Conditions

§ 1 Services of the Provider

Unless otherwise agreed, the Provider may let the services incumbent upon him be delivered by specialized personnel or third parties.

§ 2 Third Party Rights

a) The Customer expressly affirms that the provision and publishing of his websites’ contents neither violates German law nor the Customer’s home country's law, particularly with regard to copyright, data privacy and competition law.

b) Under no circumstances may the Customer distribute via our service copyright protected contents to which he is not entitled. In particular, the operation of so called P2P file sharing networks, download services or streaming services, which might provide for copyright protected material to be distributed unwarrantedly, is not allowed. The Provider reserves the right to block the server without announcement and to cancel the contract without notice.

c) It is the Customer’s duty to use our services in a way, that the security, integrity and availability of the network, other servers, software and data of third parties are not endangered. It is especially not allowed for a Customer to use his server for the direct dispatch of SPAM e-mails and (d)DOS attacks, or to run open mail relays and other systems on the server, which enable SPAM mails and (d)DOS attacks to be spread. In case of violation, the Provider reserves the right to block the server without announcement and to cancel the contract without notice.

d) The customer shall not use the services of Valid-Proxy.com for anz kind of illegal activities.

§ 3 Service Administration

a) The Provider is solely responsible for administration of proxy servers and other offered services.

b) The Provider reserves the right to change the IPs and other access data allocated to the Customers in case of technical or legal necessity.

§ 4 Server Performance

The Provider has servers in different countries of the EU and in the USA. In the Provider’s data center, the customers' servers are linked up to the internet through a complex network infrastructure. The data traffic is routed over multiple active and passive network components (routers, switches and others), which only allow for a certain transfer rate at a time. Thus, the data transfer capacities may be limited for single servers at certain points, and not comply with the maximum bandwidth, which is available at the switch port in theory. Unless otherwise agreed, the Provider may take over no warranty for the amount of bandwidth, which is actually available for a single server, but provides bandwidth according to the data center's technical capacity with regard to the contractual obligation against other Customers.

§ 5 Limitation of Liability

The Provider is not liable for any losses caused by using our services.

§ 6 Release

The Customer commits himself to it to release the Provider internally from all possible claims of third parties, which are based on illegal acts of the Customer, or errors as regards content of his provided information. This applies especially to violation of copyright, data privacy and competition rights.

§ 7 Applicable Law, Jurisdiction

a) This agreement shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods as well as reference to the legal conventions of other countries.

b) If the Customer is a merchant, the Provider may file suit against the Customer at the Customer’s residence or business location, or in Cologne/Germany. In case the Customer should file a suit against the Provider, the local courts of the Provider’s head office are exclusively responsible.

§ 8 Miscellaneous

a) All announcements of the Provider can be forwarded digitally to the Customer. This applies also for billings in connection with the contractual relationship.

b) The Customer may only offset such claims against the Providers' as are undisputed or legally recognized.

c) Should any individual provisions in the above options terms be or become invalid, either in part or in full, or impracticable, this will not affect the validity of the other provisions. The invalid or impracticable provision will be replaced by a ruling that is as close as possible in economic purpose to the invalid or impracticable provision, which would have been agreed upon by both parties, if they had known the invalidity of the provision. The same will also apply in the event of any unintended omissions.