Terms of use
These Terms of Use (hereinafter referred to as the “Terms”) shall govern relationships between you (hereinafter referred to as “you” or the “User”) and WebProxyAPI (hereinafter referred to as “we” or the “Provider”) a service of 3205 Inc., 901 North Pitt Street, Suite 170, Alexandria, VA 22314 USA, and your access to the Website https://webproxyapi.com/ (hereinafter referred to as the “Website”), its use, and use of the Services (as defined below).
1. Acceptance of these Terms
By registering on our Website, you claim that you are over 18 years old and agree to adhere to these Terms and also to the Privacy Policy of WebProxyAPI published at https://webproxyapi.com/privacy-policy (hereinafter referred to as the “Privacy Policy”). If you act on behalf of a company when accepting these Terms and the Privacy Policy, you also hereby declare to be authorized to perform such legal actions on behalf of the company (herein the term “you” shall mean the relevant company). You agree to adhere to these Terms also by the fact that you visit or use the Website, any software, application or any other service running or available on the Website or a service we provide or make accessible to you (hereinafter referred to as the “Services”).
2. Our Services
We enable you to use our services and provide functions of a computer system operated by the Provider, which makes it possible to:
- Download and extract structured data from the websites;
- Download, save, process, and publish data;
- Create, run, amend, and publish software programs and applications;
- Provide servers for remote access to other servers (so-called ”proxy servers” or “proxies”);
- Publish the public user profile, including data.
Some functions of the Website and other Services may be used free of charge upon registration on the Website. Use of other functions of the Website and Services within the expanded configuration is available against payment as is managed hereby and by the terms stipulated on the Website.
3. User Account
Upon registration on the Website, a user account shall be created for you. During sign-up as well as at any later time you use the account and/or communicate with us, you are obliged to provide us with accurate and true data. Should any of the identification information be amended in the future, your obligation is to update such information in your user account without undue delay. You are also obliged to protect the login details of your account and to prevent any third parties from using your account. We shall not be liable for any misuse of your account due to the breach of the aforementioned obligations. Moreover, we shall be authorized to block your account or delete it completely including all the data provided therein; you agree that such action shall be followed by no compensation. The breach thereof with the consequences as stipulated in the sentence above shall mean, in addition to other cases, when you create (directly or by means of a third party) multiple user accounts (even for the use of various email addresses); unless otherwise agreed by us in writing, each user may create and use one user account.
4. User Content
The Website and Services may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for Content that you post on or through the Website or Services, including its legality, reliability, and appropriateness. By posting Content on or through the Website or Service, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Website or Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You retain any and all of your rights to any Content you submit, post or display on or through Website or Services and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Website or Services. However, by posting Content using the Website or Services you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Website and Services. You agree that this license includes the right for us to make your Content available to other users of the Website and Services, who may also use your Content subject to these Terms.
5. License and Copyright
You acknowledge that we alone shall own all right, title and interest, including all intellectual property rights to the Website and other Services (or any outcome of such Services) within the maximum scope admissible by law (except for the rights that we exercise in compliance with a license granted to us by third parties). Furthermore, we shall own any suggestions, ideas, enhancement requests, feedback, recommendations or other information related to the Website and other Services. You acknowledge that any use of the software, systems, and functionalities of third parties available on the Website shall be governed by special license terms of owners of the relevant copyright or open-source licenses that you must adhere to (by using the relevant software, system or functionality, you confirm to have been familiarized and agree with the license terms of the relevant third parties). Should you breach any of those terms, we shall not be liable for any such action. In order to use the Website or Services provided by us, we provide you with a non-exclusive worldwide license. We shall grant you the license exclusively for the use of the Website. Within the license you may not modify, adjust or connect the Website (or any parts of it whatsoever) or its name with any other copyrighted work or use it in a collective work. The provided license or the Terms shall not transfer any of our intellectual property rights to you (including the rights to trade-marks or brands or names). We neither provide you with any other license than the license specified explicitly hereby.
6. Use of the Website and Services
You may use the Website and other Services solely for the purposes of data extraction from publicly accessible websites or from other sources you are authorized to access. Should you instruct us to use the Website or the Services on certain publicly accessible websites or other sources and to send you the extracted data subsequently, you hereby declare and guarantee that use of the functionalities of the Website, Services as well as the data extraction on such websites is expressly permitted or authorized to you. Should the extracted data be composed of any sensitive data, confidential data or data protected by the Copyright or by other intellectual property right or any third-party right, you must not breach such rights by using the Website or the Service in any way. Should you breach this prohibition, or should you use the Website or Service functionalities directly or by means of our company on websites or other sources that do not permit their use, you shall be fully liable for such a breach and solely responsible for compensation of any damages incurred by and/or any claims of the affected third parties; we shall not be liable for any breach of third-party rights with respect to the usage of the Website or any Services. We may immediately suspend your use of the Website and/or Services if we are contacted by your targeted data extraction source, website, or repository and asked to cease all extraction activity. Should any third party claim its rights against us in connection to your actions, we may immediately eliminate any contents gathered, saved or disseminated by you from servers used by us. In the event of a judicial dispute with a third party related to your actions, you are obliged to provide us with all necessary cooperation in order to resolve such a dispute successfully and you are also obliged to reimburse continuously any purposeful expenses arising to us due to such a dispute. With respect to this, should an obligation arise to reimburse any claim of a third party, you agree to pay us the full scope of the damages.
7. Prohibited Use
We assume that you use the Website and Services legally and ethically and that you have obtained permission, if necessary, to use it on the targeted websites and/or other data sources. You may use the Website and Services only for lawful purposes and in accordance with Terms. You agree not to use the Website and Services:
- In any way that violates any applicable national or international law or regulation.
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
- To impersonate or attempt to impersonate any person or entity.
- In any way that infringes upon the rights of others, or in any way in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website and Services, or which, as determined by us, may harm or offend Provider or users of the Website and Services or expose them to liability.
- And otherwise attempt to interfere with the proper working of the Website and Services.
8. Limitation of Liability
We are not obliged to verify the manner in which you or other users use the Website or Services and we shall not be liable for the manner of such usage. We assume that you use the Website and Services legally and ethically and that you have obtained permission, if necessary, to use it on the targeted websites and/or other data sources. We shall not be liable for any of your unlawful actions in connection to the usage of the Website or Services with respect to third parties (e.g. breach of intellectual property rights, rights to the name or company name, unfair competition, breach of terms of websites or applications and programs of third parties). THE WEBSITE (AND ITS FUNCTIONALITIES) AND SERVICES AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY US. You acknowledge that the Website or the Services may not be available constantly. We may perform their planned or unplanned downtime in order to perform the inspection, maintenance, update or replacement of hardware or software. We shall not guarantee or be liable for the availability of the Website or Services (or products arising therefrom) or for their performance, reliability or responsiveness or any other performance or time parameters. IN NO EVENT SHALL WE BE LIABLE UNDER THESE TERMS FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND OUR AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT FOR ANY CLAIM IS LIMITED TO THE AMOUNT PAID TO US BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM.
9. Payment Terms
You may order a paid license to use the Website (an extended paid version as opposed to the basic version that is free of charge) or other Services in compliance with the up-to-date information and prices provided for the given license or Service on the Website or as agreed with us individually. Your orders made by means of the Website shall be binding. Unless agreed otherwise, you shall pay the remuneration for the license to use the Services on a basis selected when making the order (“Billing Period”). The Billing Period shall commence on the date of your first payment. The remuneration is payable at the first date of the Billing Period for which it is valid. You agree that the remuneration for the relevant Billing Period shall be deducted by us from the debit or credit card the details of which were provided by you when ordering the relevant license. We may employ the use of third party services for the purpose of facilitating payments. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. You hereby agree to pay all applicable fees and/or charges under these terms, including any applicable taxes or charges imposed by any government entity, and that we may change its pricing at any time. There are no refunds for payments made once Services have been rendered or license provided. If you dispute any charge made for your use of the Website or Services, you must notify us in writing within fifteen (15) days of any such charge; failure to notify us shall result in the waiver by you of any claim relating to any such disputed charge. Charges shall be calculated solely based on invoicing records maintained by us for purposes of billing. No other measurements or statistics of any kind shall be accepted by us or have any effect under these terms.
10. Final Provisions
By creating an account on our Website, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by emailing at. You agree that we may use your name, company name and logo as a reference in all types of promotion materials for marketing purposes free of charge. The Website or Services may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by WebProxyAPI. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from the Service, you do so at your own risk and you agree that WebProxyAPI has no liability arising from your use of or access to any third party website, service, or content. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by WebProxyAPI without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and WebProxyAPI's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Only the English version of this document has legal effect. Any translations of this document to other languages are provided for your convenience only. In case of any issues related to these Terms, please use the e-mail address [email protected] to contact us.