PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Terms of Service Agreement (this “Agreement”) contains the terms and conditions that govern your access to and use of our Services (as defined below) and is an agreement between MPP Networks Ltd (“MPP”, “we”, “us” or “our”) and you or the entity you represent (“you” or “your”). This Agreement is made effective as of the date of your use of this website (“Site”, “MyPrivateProxy.net”) or the date of electronic acceptance.
Whether you are simply browsing or using this Site or purchase Services, your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understood, acknowledged and agree to be bound by this Agreement, along with the following policies and the applicable product agreements, which are incorporated herein by reference:
1. ELIGIBILITY, REGISTRATION AND ACCOUNT SECURITY
1.1 Eligibility. Our Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to our Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using our Services, you represent and warrant that you are eighteen (18) years of age or older and you agree to provide government-issued photo identification or government-issued business identification as required for verification of identity when requested.
1.2 Your account. You agree to (I) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Account Details”); (II) maintain the confidentiality of your password and other information related to the security of your account; (III) maintain and promptly update the Account Details and any additional information you provide to MPP, to keep such information accurate, current and complete; and (IV) be entirely responsible for all use of your account and for any actions that take place through your account.
1.3 Using the Services on behalf of another party. You represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization for any actions you take in connection with our Services.
1.4 Log-In Credentials. MPP log-in credentials are for your internal use only, and you will not sell, transfer or sublicense them to any other entity or person, except that you may disclose your credentials to your agents and subcontractors performing work on your behalf.
1.5 Registration is entirely voluntary. You acknowledge and agree that your registration is entirely optional. No compensation is due to you or anyone else for any intentional or unintentional registration or order.
2. APPROPRIATE USE POLICY
2.1 General. Due to the myriad possibilities in the use of proxy servers, this Appropriate Use Policy (this “AUP”) is only intended to act as a guideline for the MPP’s Services and is not, and cannot be, all-encompassing.
2.2 General rules of conduct. You may not use, or encourage, promote, facilitate or instruct others to use our Services or MPP Site for any illegal, harmful, fraudulent, infringing or offensive use, or to transmit, display, distribute or otherwise make available content that is illegal, harmful, fraudulent, infringing or offensive. Prohibited activities or content include:
(a) Any actions that are illegal, that violate the rights of others, or that may be harmful to others, our operations or reputation, including disseminating, promoting or facilitating child pornography, offering or distributing fraudulent goods, services, schemes, or promotions, make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming.
(b) Content that infringes or misappropriates the intellectual property or proprietary rights of others.
(c) Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including material that constitutes child pornography, relates to bestiality or depicts non-consensual sex acts.
(d) Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots.
(e) Any activities that promote, encourages or engages in terrorism, violence against people, animals, or property.
(f) Reselling or providing our Services for a commercial purpose, including any of MPP’s related technologies, without MPP’s express prior consent.
2.3 No Network Abuse. Customer agrees that MPP, at its sole discretion can limit the number of simultaneous connections as well as the number of connections per section, as necessary to ensure stable service for all users. Such corrective action may include disconnection or discontinuance of any and all Services or Termination of this Agreement. Prohibited activities also include:
(a) Denial of Service (DoS). Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective.
(b) Intentional Interference. Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing or flooding techniques.
2.4 Unlimited Traffic and Resource usage. Traffic is unlimited. However, since the network resources are shared between our customers, the bandwidth is subject to a fair usage rule. To guarantee the very best service for all of our customers, MPP reserves the right to limit a user’s bandwidth if it negatively affects network quality for other customers.
MPP reserves the right to determine what constitutes resource abuse and take the appropriate action.
The use of services/scripts that result in performance impacts or excessive consumption of our servers may result in limitation, suspension, or termination of your service with or without prior notice and liability.
2.5 No E-Mail Abuse. You will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements.
MPP will immediately terminate, without refund or credit, any account which it believes, through its 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 MPP liquidated costs of $5 for each piece of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account; otherwise you agree to pay MPP’s actual damages, to the extent such actual damages can be reasonably calculated.
2.6 Personal and non-commercial 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 website and Service without the express written permission of MPP 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 MPP Site/Services (or the network(s) connected to any MPP Site/Services) or interfere with any other party’s use and enjoyment of any MPP Site/Services. You may not attempt to gain unauthorized access to any MPP Site/Service, other accounts, computer systems or networks connected to any MPP Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to get any materials or information through any means not intentionally made available through the MPP Site/Services. You are responsible for any content that you post or transmit on or through the Service.
2.7 Violations of this Policy. We reserve the right but do not assume the obligation, to investigate any violation of this Policy. We also reserve the right at all times to monitor, review, retain or disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental requests. You will comply with all applicable rules and regulations regarding online conduct and content.
Upon detecting a breach of this AUP, MPP may, at its sole discretion, immediately suspend, limit or terminate the User’s Services, without notice, refund or credit, and possibly with abuse processing fees. Customer acknowledges, understands and agrees that MPP is not in a position to ascertain whether an alleged violation is real or valid, but must make a decision based on information received from such third parties. Customer agrees that MPP’s decision will be final, determinative, and binding upon Customer.
Customer agrees to hold MPP harmless, for relying on the third party’s report and for any action taken in response to such report. Customer further agrees to defend and indemnify Provider in the event a claim is brought against Provider or an award, judgment or the like is issued against Provider resulting from Customer’s use of the Services, all as stated in this Agreement.
The above list sets forth violations of this AUP, but other acts or uses, not listed herein, may also constitute violations of this AUP in connection with User’s use of MPP’s Services.
3. DESCRIPTION AND AVAILABILITY OF WEBSITE/SERVICES
3.1 Our Guarantee. MPP guarantee is a mark of excellence. Each product or service stamped with our warranty will be delivered to the high standard at which we conduct our business. The MPP guarantee means you can buy and use our products and services with confidence.
3.2 Description of the Services. MPP provides its members with the ability to privately retrieve information contained on third party websites through the World Wide Web, among other benefits. In exchange for this Service, MPP charges its members a monthly fee.
We guarantee that our pricing will always be affordable and our low prices do not compromise on quality or level of service. The service you receive and experience will be of the highest possible standard and superior of that to many of our higher-priced competitors.
We also guarantee that the price you see is the price you pay. What you see is what you get.
3.3 Our Commitment. We guarantee that we are expert in everything we do, every product we offer and every service we deliver. This means that each product and service we provide has been designed with the customer in mind. Particular emphasis is placed on accessibility, performance, and reliability. Each product or service is backed by a team of specialists who work solely to run and support that service.
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis and that we assume no liability to you or any other party concerning it.
4. BILLING AGREEMENT
4.1 Payment Methods. MPP accepts PayPal and payments via MasterCard, VISA Card, and AMEX through 2CheckOut. Currencies currently accepted are USD.
4.2 General terms, including automatic renewal terms.
We calculate and bill charges based on your billing cycle. You will pay us the applicable fees for the use of the Service as described on the MPP Site using one of the payment methods we support. All amounts payable by you under this Agreement will be paid to us without setoff or counterclaim and without any deduction or withholding. We may increase or add new charges for any existing Services you are using by giving you at least 30 days’ prior notice.
You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. All costs and expenses are non-refundable unless otherwise expressly noted in the Refund Policy section below, even if your Services are suspended, canceled or terminated before the end of the Services term. MPP expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without the need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
Except as prohibited in any product-specific agreement, you may pay for Services by utilizing any of the following “Payment Methods”:
(a) by providing a valid credit card through 2Checkout.
(b) by using PayPal (as defined below).
(c) by using in-store credit balances, if applicable.
You acknowledge and agree that where refunds are issued to your Payment Method, MPP issuance of a refund receipt is only confirmation that MPP has submitted your refund to the Payment Method charged at the time of the original sale and that MPP has absolutely no control over when the refund will be applied towards your Payment Method’s available balance. You further acknowledge and agree that the payment provider or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund displaying time frames may range from five (5) business days to a full billing cycle, or longer.
In the event a refund is issued to your Payment Method, and the payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, restrictions as to the timing of the refund or the number of refunds allowed. Then MPP, in its sole and absolute discretion, reserves the right to issue the refund in the form of an in-store credit. MPP also has the right, but not the obligation, to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method. For the avoidance of doubt, any and all refunds processed via the issuance of in-store credits are solely within MPP’s discretion and are not available at customer request.
TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, ALL SERVICES ARE OFFERED ON AUTOMATIC RENEWAL. AUTOMATIC RENEWAL AUTOMATICALLY RENEWS THE APPLICABLE SERVICE UPON EXPIRATION OF THE THEN CURRENT TERM FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD. FOR EXAMPLE, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL TYPICALLY BE FOR ONE YEAR. HOWEVER, IN THE EVENT RENEWAL WITH THE PAYMENT METHOD ON FILE FAILS, MPP MAY ATTEMPT TO RENEW THE APPLICABLE SERVICE FOR A PERIOD LESS THAN THE ORIGINAL SUBSCRIPTION PERIOD TO THE EXTENT NECESSARY FOR THE TRANSACTION TO SUCCEED.
UNLESS YOU DISABLE THE AUTOMATIC RENEWAL OPTION, MPP WILL AUTOMATICALLY RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH MPP. IF YOU DO NOT WISH FOR ANY SERVICE TO AUTOMATICALLY RENEW, YOU MAY ELECT TO CANCEL RENEWAL, IN WHICH CASE, YOUR SERVICES WILL TERMINATE UPON EXPIRATION OF THE THEN CURRENT TERM, UNLESS YOU MANUALLY RENEW YOUR SERVICES BEFORE THAT DATE.
IF WE ARE UNABLE TO CHARGE YOUR EXISTING PAYMENT METHOD SUCCESSFULLY, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. FOLLOWING RECURRING BILLING PROGRAM REQUIREMENTS, IF WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND EXPIRATION DATE, MPP WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. MPP MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) CANCELLING PRODUCTS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO, MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND MPP SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
If for any reason MPP is unable to charge your Payment Method for the full amount owed for the Services provided, or if MPP receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that MPP may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any Services registered or renewed on your behalf. MPP also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (I) tasks MPP may perform outside the normal scope of its Services, (II) additional time and/or costs MPP may incur in providing its Services, and/or (III) your noncompliance with this Agreement (as determined by MPP in its sole and absolute discretion). Typical administrative or processing fee scenarios include, but are not limited to (I) customer service issues that require additional personal time or attention; (II) recouping any and all costs and fees, including the cost of Services, incurred by MPP as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with MPP.
4.3 Pay by PayPal. By using MPP’s pay by PayPal payment option (“PayPal”), you can purchase Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from credit card(s), bank account(s), or other allowed payment method(s) linked to your PayPal Account (“PayPal Funding Source”).
It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You acknowledge and agree that (I) PayPal reserves the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or not holding available/sufficient funds) and (II) in such event, neither PayPal nor MPP shall be liable to you or any third party regarding the same. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and MPP may pursue all available lawful remedies to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.
4.4 In-Store Credit Balances. If your Account contains an in-store credit balance, you may apply any available credit balance to any future purchase in your Account. If your Account contains an in-store credit balance, you hereby authorize MPP to utilize any available credit balance to any outstanding administrative fees, chargebacks or other fees related to your Account. In the event that your default Payment Method fails for an automated billing in connection with the processing of any Service renewals, MPP may utilize any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, MPP is not responsible for the loss of products resulting from an inability to collect funds from your default Payment Methods or the in-store credit.
You can verify your available in-store credit balance at any time by logging into your MPP account and access the “Notifications” area.
You acknowledge that in-store credit balances are non-transferrable, non-refundable and may only be used in the Account in which they were acquired. Complimentary in-store credits will expire two years after issuance. In the event that MPP terminates your Account, you acknowledge and agree that any remaining available in-store credit balance will be forfeited.
You also acknowledge that funds available in your in-store credit balance will be held by MPP and will not accrue or pay interest on your behalf. To the extent any interest may increase, you understand and agree that MPP shall be entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.
4.5 Service Renewal. All services are set to automatically renew on their renewal date after the initial term to prevent any disruption in the service. The next renewal date is located on every invoice as well as the services. Renewal invoices are emailed 7 days before the renewal date unless other arrangements have been made or a cancellation request has been submitted from our member area. Accounts that have invoices which are more than 3 days overdue will be suspended unless prior arrangements have been made. If a suspended account is to be reactivated all of the overdue invoices will need to be paid to make it current before the suspension is lifted. Accounts that have invoices over two months late are considered abandoned and will be subject to termination.
4.6 Price Adjustments. To remain competitive, we occasionally make changes to our plans and pricing. To have your plan updated with current offerings, please contact our billing team, and we are happy to make those adjustments.
4.7 Cancellation. If there is an issue with your account or support, we would be happy to resolve any questions or concerns you may have. Please feel free to submit a support ticket with your issue or request an escalation if this is due to an unsatisfactory answer to a previous problem.
All cancellation requests need to be submitted to our member area at https://myprivateproxy.net. A step-by-step instruction guide on this can be found in our knowledgebase.
4.8 Billing Errors. If you discover an error on your invoice, please notify us as soon as possible by submitting a ticket to our Billing Department at https://myprivateproxy.net. We will honor invoice errors as long as we are notified of them within 90 days. If more than 90 days have elapsed, we may decline the refund request.
4.9 Chargebacks/Payment Reversals. If at any time you have questions or concerns regarding a charge from MPP, please submit a ticket at https://myprivateproxy.net. Any received chargebacks will incur a $50 investigation fee on the associated billing account. MPP may reject the future use of credit cards from an account for which a chargeback has been previously issued. Upon receipt of a chargeback or credit card or PayPal payment reversal, the account related to the payment may be suspended.
5. TEMPORARY SUSPENSION
5.1 Generally. We may suspend your or any End User’s right to access or use any portion or all of the Service immediately upon notice to you if we determine:
(a) your or an End User’s use of the Service (I) poses a security risk to the Service or any third party, (II) could adversely impact our systems, the Service or the systems of any other MPP customer, (III) could subject us, our affiliates or any third party to liability, (IV) disputes a transaction associated with the Service or (V) could be fraudulent;
(b) you are, or any End User is, in breach of this Agreement;
(c) you are in breach of your payment obligations; or
(d) you have ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of your assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
5.2 Effect of Suspension. If we suspend your right to access or use any portion or all of the Service:
(a) you remain responsible for all fees you incur during the period of suspension; and
(b) you will not be entitled to any service credits for any period of suspension.
MPP may terminate, without refund or credit, your access to any part or all of the Service and any related Services at any time, with or without cause, with or without notice, to be effective immediately, for any reason whatsoever. MPP may also terminate your account for inactivity, which is defined as failing to log in to the Service for an extended period, as determined by MPP. 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. MPP shall have no obligation to maintain any content in your account or to forward any unread or unsent workflow notification to you or any third party. This Agreement will continue to apply to all past use of the service by you, even if you are no longer using it.
7. THIRD PARTY CONTENT
Any information, data, text, software, music, sound, photographs, graphics, video, messages or any other materials retrieved from third party websites are not under the control of MPP and we are not responsible for the contents accessed from any site or any link contained in a linked site or any linked site or any link contained in a linked site, or any changed or updates to such sites. MPP does not imply endorsement of the content provided by other sites or any association with their operators.
You agree to indemnify MPP, its parents, subsidiaries, affiliates, officers, and employees immune from any claim, demand, or damage, including reasonable attorneys’ fees, which 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 Membership agreement.
9. DISCLAIMERS AND LIMITATION OF LIABILITY
By using the MPP website 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 data herein, MPP or its respective suppliers may make improvements or changes in the Service at any time.
MPP 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. MPP 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 MPP 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 expressly agree that MPP 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 expressly agree that MPP is not responsible for any content sent using or included in the Service by any third party.
We at MPP Networks Ltd know you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about how we collect, store, use and disclose information about you when you interact or use our website or any of our products, services or applications (including any trial) (collectively the “Services”) in any manner.
10.1 What information does MPP Collect.
For the purposes of applicable data protection law, MPP is the controller of any personal data collected from you on the Site, through the Services, or otherwise for the purpose of conducting or developing our business with customers and vendors. For the purposes of this Notice, personal data means any information relating to an identified or identifiable person.
Information We Automatically Collect:
When you use the Website: When you visit MyPrivateProxy.net, we collect certain information related to your device, such as your device’s IP address, referring website, what pages your device visited, and the time that your device visited our Website.
When you use the Services: We do not store details of, or monitor, the websites you connect to when using our proxy service. We only collect aggregated statistical (non-personal) data about the usage of our servers.
We need this data so we can monitor the performance and usage of our Proxy Service, resource analytics (to carry out usage analysis for administrative purposes) and to prevent abuse and fraud.
We store this data on our system for between 2 and 3 months unless we are required, for legal reasons or under exceptional circumstances (including our investigations of fraud or abuse), to retain this data for an extended period.
In some cases this information constitutes personal data, We do not use this automatically collected information to try to identify you by name, and we do not associate it with the information you provide voluntarily, as detailed below.
Information You Provide:
In order to access or use certain portions of the Site or Services, or enjoy the full functionality of the Site or Services, or otherwise in conducting business with us or seeking to conduct business with us, you may be prompted to provide certain personal data to us in the following ways:
• persons who subscribe to our Services will be prompted to provide their name, their address, their e-mail, their phone number, and any other necessary billing information.
• site visitors, and prospective and current suppliers and subscribers, may provide personal data when filling in forms (for example, a ‘Contact us’ form) on our Site or by subscribing to newsletters or other communications; by corresponding with us through our ticketing platform, e-mail or otherwise providing contact details. In these cases, typically, the personal data you give us may include name.
• if you opt to pay for the use of our services, we will use a third party payment processor to take payment from you. These third parties are adequately regulated and authorized to handle your payment information, and they will not use your data for promotional purposes or for any other purposes other than providing these services to us.
• business affiliation, business address, telephone number, and email address, and any personal details required to resolve any inquiries or complaints.
This personal data is required to enter into a contract with you (such as in anticipation of a supply agreement, or to learn about our Services) or to perform a contract with you (such as to provide Services), and failure to provide any information may result in our inability to provide requested Services or products.
Information From Other Sources
We may also obtain fraud & risk scoring data about you from third parties, namely MaxMind.
How do we use the information?
Website: We will use the information we collect on MyPrivateProxy.net:
• to administer our Website, our events and for internal operations, including troubleshooting, data analysis, testing, statistical and survey purposes;
• to improve our Website to ensure that content is presented in the most effective manner for you and for your computer;
• analyze customers’ use of the Websites for trend monitoring, marketing and advertising purposes;
• for purposes made clear to you at the time you submit your information – for example, to provide you with information you have requested about our Services; and
• as part of our efforts to keep our Website safe and secure.
Services: We may use the information we collect from our customers in connection with the Services we provide for a range of reasons, including to:
• to set up a user account;
• provide, operate and maintain the Services;
• process and complete transactions, and send related information, including transaction confirmations and invoices;
• respond to enquiries and provide customer service and support;
• send customers technical alerts, updates, security notifications, and administrative communications;
• investigate and prevent fraudulent activities, unauthorized access to the Services, and other illegal activities; and
• for any other purposes about which we notify customers and users.
We may also use the information you send to us via the Websites and/or Services, to communicate with you via email and, possibly, other means, regarding products, services, offers, promotions and events we think may be of interest to you or to send you our newsletter, if this is in accordance with your marketing preferences. However, you will always be able to opt-out of such communications at any time.
Disclosure of Personal Data
We may disclose personal data about Site visitors, users of our Services, or our suppliers or customers if, in our sole discretion, we believe that it is reasonable to do so, including:
• to satisfy any laws, regulations, or governmental or legal requests for such data;
• to disclose personal data that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies;
• to protect ourselves, our subscribers, and the general public. We specifically reserve the right to disclose any and all information (including personal data) to law enforcement in the event that a crime is committed, is suspected, or if we are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
• to cooperate with law enforcement authorities, private-party litigants, and others seeking information about our end users to the extent required by applicable law. Examples of such cooperation include lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
Is Personal Information about me secure?
We make reasonable efforts to ensure the integrity and security of our network and systems. To prevent unauthorized access, maintain data accuracy and ensure the appropriate use of information, we have incorporated physical, electronic and managerial procedures to safeguard and secure the information. While we use SSL encryption to protect sensitive information online, we also do everything in our power to protect user-information off-line.
Transfer of Personal Data
Where lawful to do so, and subject to your consent where required, we may communicate with you by e-mail to tell you about our products and services. If you wish to opt-out of receiving marketing communications, please use the ‘unsubscribe’ link provided in our emails.
If you are a subscriber to our Services, we may send you periodic announcements including the details of our existing and new programs. You may opt out of these announcements by filling out this form or by clicking the opt-out link at the bottom of these emails. If you opt out of these marketing emails, you may still receive system notices and other information that is specifically related to your subscription account.
Retention of Your Personal Data
We apply a general rule of keeping personal data only for as long as required to fulfill the purposes for which it was collected. In general, we retain your personal data for a period of time corresponding to a statute of limitation, for example to maintain an accurate record of your dealings with us. However, in some circumstances we may retain personal data for other periods of time, for instance where we are required to do so in accordance with legal, tax and accounting requirements, or if required to do so by a legal process, legal authority, or other governmental entity having authority to make the request, for so long as required.
With respect to marketing, we retain your personal data for 18 months after your last request for service or other contact you initiate.
The Site may contain links to third party sites. Since MPP does not control nor is responsible for the privacy practices of those Sites, we encourage you to review the privacy policies of these third party sites. This Notice applies solely to personal data collected by our Site or in the course of our business activities.
10.2 Your Rights.
Right to withdraw consent – where applicable, you have the right to withdraw your consent at any time. For example, if you wish to opt-out of receiving electronic marketing communications, you can change your settings in your account on the Site, use the ‘unsubscribe’ link provided in our emails or otherwise contact us directly and we will stop sending you communications.
Right of access, rectification and erasure – you have the right to request access to and obtain a copy of any of your personal data that we may hold, to request correction of any inaccurate data relating to you and to request the deletion of your personal data under certain circumstances. You can see and update most of this data yourself online, or by contacting us directly at https://www.myprivateproxy.net/contact-us/
Data portability – where we are relying (as the legal basis for processing) upon your consent, or the fact that the processing is necessary to perform a contract to which you are party or to take steps at your request prior to entering a contract, and the personal data is processed by automatic means, you have the right to receive all such personal data which you have provided us in a structured, commonly used and machine-readable format, and also to require us to transmit it to another controller where this is technically feasible.
Right to restriction of processing – you have the right to restrict our processing of your personal data (that is, allow only its storage) where:
– you contest the accuracy of the personal data, until we have taken sufficient steps to correct or verify its accuracy;
– where the processing is unlawful but you do not want us to erase the personal data;
– where we no longer need your personal data for the purposes of the processing, but you require such personal data for the establishment, exercise or defence of legal claims; or
– where you have objected to processing justified on legitimate interest grounds (see below), pending verification as to whether we have compelling legitimate grounds to continue processing.
– where your personal data is subject to restriction we will only process it with your consent or for the establishment, exercise or defence of legal claims.
– you also have the right to lodge a complaint with the supervisory authority of your habitual residence, place of work or place of alleged infringement, if you consider that the processing of your personal data infringes applicable law.
Right to object to processing (including profiling) based on legitimate interest grounds – where we are relying upon legitimate interests to process personal data, you have the right to object to that processing. If you object, we must stop that processing unless we can demonstrate compelling legitimate grounds for the processing that override your interests, rights and freedoms, or we need to process the personal data for the establishment, exercise or defence of legal claims. Where we rely upon legitimate interest as a basis for processing we believe that we can demonstrate such compelling legitimate grounds, but we will consider each case on an individual basis.
Right to object to direct marketing (including profiling) – you have the right to object to our use of your personal data (including profiling) for direct marketing purposes, such as when we use your personal data to invite you to our promotional events.
We do not knowingly collect or solicit personal information from anyone under the age of 16. If you are under 16, please do not attempt to register for the Services or send any Personal Information about yourself to us. If we learn that we have collected Personal Information from a child under age 16, we will delete that information as quickly as possible. If you believe that a child under 16 may have provided us Personal Information, please contact us at https://www.myprivateproxy.net/contact-us/
‘Do Not Track’ notifications.
Some browsers allow you to automatically notify websites you visit not to track you using a “Do Not Track” signal. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may wish to visit www.allaboutdnt.com.
This privacy statement applies solely to information collected by our website.
Our website, like many others, stores and retrieves information on your browser using cookies. This information is used to make the site work as you expect it to. It is not personally identifiable to you, but it can be used to give you a more personalised web experience.
A cookie is a small piece of data (text file) that a website – when visited by a user – asks your browser to store on your device in order to remember information about you, such as your language preference or login information. Those cookies are set by us and called first party cookies. We also use third party cookies – which are cookies from a domain different than the domain of the website you are visiting – for our advertising and marketing efforts.
• assisting you in navigation;
• assisting in registration to our events, login, and your ability to provide feedback;
• assisting with our promotional and marketing efforts. (including behavioral advertising)
Below is a detailed list of the cookies we use on our Website. Our Website is scanned by CookieBot scanning tool regularly to maintain a list as accurate as possible. We classify cookies in the following categories:
You can opt-out of each cookie category (except necessary cookies) by clicking on the “cookie settings” at the bottom of the page.
Necessary cookies help make a website usable by enabling basic functions like page navigation and access to secure areas of the website. The website cannot function properly without these cookies.
These cookies allow us to count visits and traffic sources, so we can measure and improve the performance of our site. They help us know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies, we will not know when you have visited our site.
Statistic cookies help website owners to understand how visitors interact with websites by collecting and reporting information anonymously.
These cookies are set through our site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant ads on other sites. They work by uniquely identifying your browser and device. If you do not allow these cookies, you will not experience our targeted advertising across different websites.
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
If you want to learn more about the general uses of cookies, please visit Cookiepedia – all about cookies.
11. REFUND POLICY
At MPP, we are passionate about an environment that focuses on you, our customers. In fact, customer satisfaction comes above everything else in our entire business operation. We strive to deliver an excellent level of service for each product that we offer, and we are immensely proud of the reputation we have built for doing so.
If you are having technical difficulties, please contact our support team before claiming a refund or dispute a payment.
We would be incredibly grateful if you give us the chance to help you with the issues you might be experiencing. Do not hesitate to let us know if we can do anything for you to reconsider the decision.
11.1 Standard Refund Terms.
We believe that 3 (three) days is enough to test the overall performance of our services and make a deliberate decision. Our 3 Days Money-Back Guarantee covers the following new shared and private plans:
Shared proxies: MSP 50 package.
Private proxies: MPP 1, MPP 5, MPP 10, MPP 20 and MPP 50 packages.
For the orders mentioned above, you are entitled to a full refund if all of the following apply:
- You claim your refund within 3 (three) days (72 hours) of the date of the transaction.
- You do not have your account suspended for any breach of service terms.
- You contact us through our ticketing system stating your proxy username and the reason for your cancellation.
- You have not previously claimed a refund from us under this policy.
Renewals of any services listed above are non-refundable.
Note: “Date of the transaction,” for this Refund Policy, means the date of purchase of any product or service, which includes the time MPP processes any renewal following the terms and conditions of the applicable product or service agreement.
We honor all refund requests within 2 (two) business days. Usually, this is done within hours if requested during weekdays but payments may take up to 7 days to appear in your account depending on your bank, credit card or payment method used.
If you would like to cancel your proxy plan and receive a refund within 3 (three) days of the date of the transaction, follow the steps below:
- Log in to our member area.
- Go to > Services > My Services and click on the proxy plan.
- From the “Manage Product” page click on Request Cancellation: Cancellation Type > Immediate.
- Submit a ticket through our ticketing system stating your proxy username and the reason for your cancellation.
Some products have different policies or requirements for a refund associated with them, including some products that are not eligible for a refund under any circumstance. Please see below for refund terms applicable to such products.
11.2 Products not eligible for refunds.
Shared and Private proxy plan greater than MPP 50 / MSP 50 are non-refundable. If you are unsure as to which proxies you need, please purchase a proxy plan covered by our 3 Days Money-Back Guarantee.
Dedicated proxies, including but not limited to PokemonGo plans, Tickets plans, Sneakers plans, are sold “as is.”. No refunds will be issued, and the customer assumes the responsibility for the purchase.
Note: Upon assignment, dedicated proxies are checked and guaranteed to work for the purchased service at the time of allocation.
Custom and upgraded proxy plans, regardless of their type, are non-refundable.
Renewals are non-refundable. If your request for cancellation is not made in advance with at least 2 (two) days before the renewal date, no refund requests will be authorized. We will not approve any refunds after the payment renewal date.
We will not issue prorated refunds for the unused portion of the subscription.
After you have enrolled as an affiliate, you can provide one or more links from your website to our website. We will provide you with unique link formats for tracking and reporting. You will be solely responsible for properly utilizing the link formats. We do not accept any responsibility for the incorrect use of the individual links/link formats, and therefore we shall not be accountable for any loss of fees as a result of your errors.
Subject to the terms and conditions of this Agreement, you will be paid commission for each customer referred through your affiliate link who successfully purchases MyPrivateProxy.net service. If it is later found that the customer’s purchase was refunded, we retain the right to withhold any payments to you resulting from that individual’s acquisitions. The affiliate scheme relies on cookies to track customers. If for whatever reason, the customer is not using cookies, or the cookie expires, or the customer deletes the cookie, they cannot be tracked, and you will not earn commission for any sales that customer may make. The commission may not be paid to an affiliate if the details we hold for that affiliate are not accurate. We also reserve the right to cancel commission payments if we believe that there have been any fraudulent attempts to use the service.
You will earn an affiliate referral fee of 25% which is payable to you at the end of each month provided that the commission owed is more than $50. The transaction must be older than 31 days for the commission to be paid out for this transaction.
We will not be liable for indirect, special or consequential damages (or loss of revenue, profits or data) arising in connection with this agreement or the affiliate scheme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising concerning this agreement and the affiliate scheme will not exceed the total Affiliate Referral Fees paid or payable to you under this agreement.
Do not sign up if you intend to get a discount by using your link, sharing with a friend, or associate for a discounted rate.
By registering with MyPrivateProxy.net affiliate program, you indicate that you agree and consent to these terms.
13. MODIFICATIONS TO THE AGREEMENT
We may modify this Agreement (including any Policies) at any time by posting a revised version on the MPP Site. By continuing to use the Service after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the MPP Site regularly for changes to this Agreement. We last modified this Agreement on the date listed at the end of this Agreement.
14.1 Assignment. You will not assign or otherwise transfer this Agreement or any of your rights and obligations under this Agreement, without our prior written consent.
14.2 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
14.3 Governing Law. The laws of the State of Delaware, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
14.4 Language. All communications and notices made or given under this Agreement must be in the English language. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.
14.5 No Third-Party Beneficiaries. This Agreement does not create any third-party beneficiary rights in any individual or entity that is not a party to this Agreement.
14.6 Entire Agreement. This Agreement incorporates the Policies by reference and is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, contracts, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. We will not be bound by, and specifically object to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) including for example, any term, condition or other provision (a) submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document, (b) related to any online registration, response to any Request for Proposal, Request for Information, or additional questionnaire, or (c) related to any invoicing process that you submit or require us to complete. If the terms of this document are inconsistent with the terms contained in any Policy, the terms contained in this document will control.
You 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 MPP as a result of this agreement or use of the Service. MPP’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MPP’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 MPP with respect to such use. If any part of this agreement 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 agreement shall continue in effect. You agree that MPP 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 offered now or in the future by MPP or on MPP behalf. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the user and MPP 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 MPP with respect to the Service. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or be relating to this Agreement to the same extent and subject to the same conditions as other business documents and records initially generated and maintained in printed form. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
Last updated: February 19, 2018