1. General Provisions
1.1. This document, permanently posted on the Contractor's Website, is an official offer by the Contractor to enter into a license agreement granting the right to use the software service (hereinafter referred to as the Agreement, Offer) with any legally capable individual, individual entrepreneur, or legal entity, represented by its authorized representative (hereinafter referred to as the Licensee).
1.2. This Offer is a proposal to enter into an agreement in accordance with Articles 435, 437, and 438 of the Civil Code of the Russian Federation.
1.3. Acceptance of this Offer shall be deemed the performance by the Licensee of one or more of the following actions:
- registration of an account (Personal Account) on the Website using an email address;
- clicking a button confirming acceptance of the terms of the Offer;
- payment for the license, computing resource limit, or top-up of the balance in the Personal Account;
- actual commencement of using the System.
1.4. From the moment of acceptance of the Offer, the Agreement is deemed concluded, and the Licensee is deemed to have accepted all its terms fully, without reservations or exceptions.
1.5. By accepting this Offer, the Licensee confirms that:
- they have reviewed the terms of this Offer;
- they have reviewed and agree to the terms of the Terms of Use;
- they have reviewed and agree to the System Use Rules;
- they have reviewed and agree to the Acceptable Use Policy;
- they have reviewed and agree to the Privacy Policy;
- they understand the purpose and functionality of the System;
- they accept the terms of use of the System in full;
- they have independently determined that the terms of the Agreement correspond to their interests and goals.
1.6. If the Licensee does not agree with the terms of the Offer in whole or in part, they are obliged to cease using the System.
2. Terms and Definitions
2.1. Website - an internet website owned or lawfully used by the Contractor through which access to the System is provided.
2.2. System — a set of computer programs (a hardware-software complex) hosted on the equipment of the Contractor and/or third parties, providing automation of processes for managing the network settings of the Licensee's equipment and data exchange between devices in accordance with specified algorithms.
2.3. Contractor (Licensor) - an individual entrepreneur or legal entity posting this Offer on the Website and granting the right to use the System.
2.4. Licensee - an individual, individual entrepreneur, or legal entity that has accepted this Offer.
2.5. Personal Account — the Licensee's personal section on the Website, accessed after registration using an email address and subsequent authorization using the email address as a login and a password.
2.6. Account - a set of data required to identify the Licensee in the System.
2.7. Computing Resource Limit - a specific volume of internet traffic selected and paid for by the Licensee under the terms of this Agreement, available for use within a limited period.
2.8. License - a simple (non-exclusive), limited, revocable, non-transferable right to use the System under the terms of this Offer.
2.9. Balance - a settlement record in the Personal Account reflecting the funds deposited by the Licensee and transactions for their use within the System.
2.10. Registration — the procedure for the Licensee to create an account in the System by providing an email address, creating a password, and performing other actions specified by the Website interface. Registration in the System is carried out using the Licensee's email address.
3. Legal Nature of the Relationship Between the Parties
3.1. Under this Agreement, the Contractor does not provide communication services, telematic communication services, data transmission services, or other regulated communication services to the Licensee.
3.2. The subject matter of this Agreement is exclusively the granting to the Licensee of the right to use the System under the terms of a simple non-exclusive license.
3.3. The Contractor is not a telecommunications operator, does not provide communication services, does not engage in the transmission of telecommunication messages, and does not assume obligations to ensure communication within the meaning of the telecommunications legislation of the Russian Federation.
3.4. The Contractor is not the owner of the communication network, communication nodes, communication channels, IP addresses, proxy nodes, data transmission lines, and other technical means that may be used to ensure the functioning of the System.
3.5. Routing of internet requests, access to IP addresses, network routes, and other technical resources is carried out using the infrastructure of third parties, partners, and suppliers, to which the Licensee does not acquire rights.
3.6. The Licensee is not provided with any IP addresses, proxy servers, communication channels, equipment, or other technical means for ownership, use, lease, or by any other proprietary or obligatory means.
3.7. The Licensee understands and agrees that data transfer when using the System occurs between the Licensee's software and third-party software interfaces. The Contractor merely provides the Licensee with code (a software algorithm) that allows automatically changing the connection parameters of the Licensee's hardware and software to carry out such transfer. The data transfer process itself is carried out by third-party equipment and networks (telecommunications operators) and is not the subject matter of this Agreement.
4. Subject Matter of the Agreement
4.1. The Contractor grants the Licensee, for a fee, a simple non-exclusive license to use the System within its functional capabilities, and the Licensee undertakes to pay for the granting of such license and comply with the terms of this Agreement.
4.2. Use of the System is permitted only to the extent, within the limits, and in the ways expressly provided for by this Offer, the System Use Rules, and the functionality of the Website.
4.3. Under the license, the Licensee may be provided with the ability to:
- use the System's software interface;
- send internet requests through available network routes and IP addresses of third parties;
- track and expend the purchased computing resource limit;
- manage access parameters through the Personal Account.
4.4. The Contractor grants the right to use the System on the terms of advance payment.
5. Procedure for Purchasing a Usage Limit and License Validity Period
5.1. Use of the System is carried out within the quota for the use of computing power and data transmission volume (hereinafter referred to as the Usage Limit) purchased by the Licensee. The Usage Limit is a technical parameter that determines the maximum volume of data exchange operations available when using the System during the license validity period.
5.2. After payment for the selected package, the Licensee is granted the right to use the System within the paid Usage Limit for a period of 31 (thirty-one) calendar days from the moment of activation of the corresponding package, unless a different activation moment is expressly indicated in the System interface.
5.3. The Licensee independently determines the required amount of Usage Limit, based on their own goals and the intended intensity of use of the System.
5.4. Upon the expiration of 31 calendar days from the date of activation of the Usage Limit, access to the corresponding Usage Limit is terminated regardless of whether the limit has been fully or partially used.
5.5. The unused Usage Limit at the time of license expiration:
- is not carried over to the next period;
- is not automatically aggregated with a new Usage Limit, unless expressly stated otherwise on the Website;
- is canceled without any compensation.
5.6. To maintain access to the System, the Licensee is obliged to purchase a new computing resource limit before the expiration of the current license term or after its expiration. A new paid computing resource limit grants the right to use the System for a new term - 31 calendar days.
5.7. The expiration of the Usage Limit term does not in itself terminate the Licensee's registration on the Website, but it does terminate the right to use the corresponding Usage Limit and the associated access until a new Usage Limit is purchased.
6. Payment Procedure
6.1. The Contractor's remuneration is paid by the Licensee on the terms of full advance payment.
6.2. Payment is made using methods available on the Website or in the Personal Account.
6.3. The Licensee's obligation to pay is deemed fulfilled from the moment funds are received by the Contractor or a payment intermediary acting on behalf of the Contractor.
6.4. Topping up the balance in the Personal Account or paying for a specific Usage Limit package means the Licensee's acceptance that:
- the payment is of an advance nature;
- access to the System is granted for a period of 31 calendar days;
- the unused limit is canceled upon expiration of the access period;
- the cost of the unused limit is not refunded.
6.5. The cost of the license, Usage Limit, and other options is determined by the tariffs posted on the Website at the time of payment.
6.6. The Contractor has the right to change tariffs at any time. New tariffs apply to those limits and licenses that are paid for after the new tariffs come into effect.
6.7. Changes in tariffs do not entail a recalculation of the cost of an already paid and activated Usage Limit.
7. Refunds and Cancellation of Usage Limit
7.1. The Licensee understands and agrees that the subject of the Agreement is the granting of the right to use the System for a limited period and within the purchased Usage Limit.
7.2. Funds paid for the granting of the license are payment for the right to use a copy of the System during the established license term and within the established Usage Limit. From the moment of license activation and the corresponding Usage Limit is debited (at the moment of data transfer through the System interfaces), the Contractor's obligations to grant the right of use are deemed fulfilled, and the license is deemed used.
7.3. For this reason, refunds for unused or partially used limits are not provided.
7.4. After 31 calendar days, the unused limit expires and is not subject to compensation.
7.5. A refund may be considered solely if the Contractor, through its own fault, failed to provide access to the System after payment and such impossibility was complete and material in nature.
7.6. The inability to use specific websites, services, platforms, accounts, anti-detect browsers, as well as any blocks, restrictions, or sanctions from third parties, are not grounds for a refund.
7.7. The Licensee's miscalculation of the required Usage Limit, non-use of the paid limit, changes in the Licensee's needs, termination of interest in the System, or lack of need for further use are not grounds for a refund.
8. Procedure for Granting Access to the System
8.1. Access to the System is provided through the Personal Account after the Licensee registers using an email address and upon receipt of payment.
8.2. The Contractor has the right to provide additional registration confirmation measures, including email address confirmation, account verification, and other security measures.
8.3. Data for using the System, including connection parameters, information about the purchased Usage Limit, consumption statistics, and package validity period, are displayed in the Personal Account or provided in another manner through the System interface.
8.4. The Contractor has the right to change the interface, functionality, and technical implementation of the System without prior approval from the Licensee, provided that its core functionality is maintained.
9. Rights and Obligations of the Contractor
9.1. The Contractor undertakes to:
- provide the Licensee with access to the System after fulfilling the acceptance conditions and payment;
- maintain records of paid Usage Limits and their validity periods;
- ensure the operability of the System within reasonable technical capabilities;
- consider inquiries from the Licensee sent to the contact addresses listed on the Website;
- Take necessary technical and organizational measures to ensure the security of the Website and System, protect them from unauthorized access, malicious software, as well as to prevent unauthorized access to the Licensee's confidential information and its loss, alteration, blocking, copying, distribution, and other unlawful actions by third parties.
9.2. The Contractor has the right to:
- change the functionality, interface, tariffs, and technical parameters of the System;
- carry out preventive, technical, and emergency recovery work;
- temporarily restrict access to the System for technical reasons;
- suspend or terminate the Licensee's access to the System if they violate the terms of the Offer and the System Use Rules;
- request from the Licensee information and documents necessary to verify compliance with the terms of the Agreement and prevent abuses;
- transfer information about the Licensee and their actions to authorized bodies in cases and in the manner prescribed by law.
9.3. The Contractor has the right, without refunding funds, to block the Licensee's access to the System in the event of:
- violation of the System Use Rules;
- use of the System for unlawful purposes;
- fraudulent activity, abuse, spam, fraud;
- attempts to interfere with the operation of the System;
- use of the System in ways that pose a threat to the Contractor, third parties, or partner infrastructure.
10. Rights and Obligations of the Licensee
10.1. The Licensee undertakes to:
- use the System only by lawful means;
- comply with this Offer, the System Use Rules, the Privacy Policy, and other documents posted on the Website;
- independently calculate the required amount of Usage Limit;
- ensure the confidentiality of the login, password, and other access data;
- immediately notify the Contractor of unauthorized access to their account;
- not transfer the right to use the System to third parties, unless expressly permitted by the Contractor;
- not use the System in ways that could harm the Contractor, partners, infrastructure, or third parties.
- use a valid email address when registering and working in the System, keep the specified registration data up to date, and independently control access to the specified email address.
10.2. The Licensee is prohibited from:
- using the System for purposes contrary to the law;
- engaging in spam, phishing, fraud, DDoS/DoS attacks, hacking, unauthorized access;
- distributing malicious software;
- infringing on intellectual property rights;
- using the System for illegal collection of personal data;
- performing other actions prohibited by the System Use Rules.
10.3. The Licensee bears full responsibility for all actions performed using their account, unless proven otherwise.
11. Procedure for Using Third-Party Infrastructure
11.1. The algorithms embedded in the System involve interaction with public data transmission networks owned by third parties. The Contractor is not a party to legal relationships arising between the Licensee and the owners of such networks (telecommunications operators, providers, hosting providers), and is not liable for the operability, quality, and legal consequences of using third-party infrastructure, including access restrictions to specific information resources imposed by such third parties or government authorities.
11.2. The Contractor does not guarantee:
- the availability of specific IP addresses;
- the consistency of IP address geolocation;
- the compliance of geolocation data with information in third-party services;
- the compatibility of the System with all websites, platforms, browsers, applications, and devices;
- the absence of restrictions, blocks, or sanctions from third parties.
11.3. Any risks associated with the use of third-party infrastructure, including risks of blocks, restrictions, access denials, connection instability, geolocation mismatches, and other similar circumstances, are borne by the Licensee.
12. Technical Support
12.1. The Contractor has the right, but not the obligation, to provide technical and information support on issues related to access to the System.
12.2. Inquiries are submitted via the contacts listed on the Website.
12.3. Support does not include consulting on the use of third-party sites, circumventing their restrictions, account recovery, lifting blocks, configuring third-party software, and solving tasks not directly related to the functionality of the System.
13. Acceptance of Performance
13.1. Unless otherwise established by a separate agreement of the parties, the right to use the System is deemed properly granted from the moment the Licensee is granted access to the Personal Account and/or the functionality of the paid Usage Limit.
13.2. The absence of written claims from the Licensee within 3 calendar days from the moment of granting access to the corresponding Usage Limit confirms that access was properly granted.
13.3. For individual entrepreneurs and legal entities, acts, reports, and other documents may be generated electronically at the discretion of the Contractor.
13.4. If the Licensee does not submit reasoned objections within 3 business days from the date of receipt of the relevant document, such document is deemed accepted without comments.
14. Limitation of Liability
14.1. The System is provided on an "as is" basis.
14.2. The Contractor does not guarantee that:
- the System will fully meet the Licensee's expectations;
- the use of the System will be continuous, uninterrupted, and error-free;
- all internet resources will be accessible when using the System;
- any paid Usage Limit will be actually used by the Licensee before its expiration.
14.3. The Contractor is not liable for:
- actions of the Licensee when using the System;
- consequences of the Licensee violating the law;
- blocks, restrictions, sanctions, and other measures from third parties;
- the operability of infrastructure belonging to third parties;
- losses caused by the Licensee's lack of necessary knowledge, incorrect configuration of equipment or software;
- lost profits, data loss, reputational damage, and any indirect losses.
14.4. The total liability of the Contractor for any claims by the Licensee is limited to the amount actually paid by the Licensee for the Usage Limit in respect of which the dispute arose.
15. Intellectual Property
15.1. Exclusive rights to the Website, System, software, interfaces, databases, texts, design, graphics, and other elements belong to the Contractor or are used by them on a legal basis.
15.2. The conclusion of this Agreement does not entail the transfer of any exclusive rights to the Licensee.
15.3. The Licensee is not entitled to:
- copy, modify, decompile, disassemble the System;
- create derivative solutions based on it;
- use elements of the System outside the scope of the granted license;
- transfer the rights to use the System to third parties, unless otherwise agreed with the Contractor in writing.
16. Personal Data
16.1. By accepting this Offer, the Licensee consents to the processing of their personal data to the extent and under the terms provided for by the Contractor's Privacy Policy.
16.2. Processing of personal data is carried out for the purposes of:
- registration and identification of the Licensee;
- execution of this Agreement;
- providing technical support;
- sending notifications related to the use of the System;
- compliance with legal requirements.
16.3. The Licensee undertakes to provide accurate data and update it promptly upon change.
16.4. The Contractor takes necessary legal, organizational, and technical measures to protect the Licensee's personal data and other confidential information from unlawful or accidental access, destruction, alteration, blocking, copying, distribution, as well as from other unlawful actions concerning such information, in accordance with the requirements of applicable law.
17. Electronic Document Management
17.1. The Parties recognize the legal validity of documents, notices, requests, messages, and other data sent through the Personal Account, email, Website interface, or other electronic means used by the Contractor.
17.2. The Licensee's login and password, as well as other authentication means in the System, are recognized as an analogue of the Licensee's simple electronic signature.
17.3. All actions performed using the Licensee's account credentials are deemed to have been performed by the Licensee themselves, unless proven otherwise.
18. Term and Termination of the Agreement
18.1. The Agreement enters into force from the moment of acceptance of the Offer and remains in effect until the parties fully fulfill their obligations.
18.2. In respect of a specific Usage Limit, the right to use the System is valid for 31 calendar days from the moment of activation of the corresponding limit or until the paid Usage Limit is fully exhausted, whichever occurs first.
18.3. The Contractor has the right to unilaterally terminate the Licensee's access to the System out of court if they violate the terms of this Agreement or the System Use Rules.
18.4. Termination of access on grounds related to the Licensee's violation of the Agreement or System Use Rules does not entail a refund of funds.
18.5. The Licensee has the right to cease using the System at any time; however, this does not constitute grounds for a refund of the paid license cost or unused limit.
19. Changes to the Terms of the Offer
19.1. The Contractor has the right to change this Offer, the System Use Rules, tariffs, and other documents governing the use of the System at any time.
19.2. The new version comes into force from the moment it is posted on the Website, unless a different effective date is specified upon posting.
19.3. Continued use of the System after changes take effect constitutes the Licensee's acceptance of such changes.
20. Force Majeure
20.1. The Parties are released from liability for full or partial non-performance of obligations if such non-performance was a consequence of force majeure circumstances.
20.2. Such circumstances include events of an extraordinary and unpreventable nature, including but not limited to: natural disasters, military actions, accidents, power outages, actions of government authorities, restrictions imposed by providers, partners, data centers, operators, and other third parties.
20.3. During the period of force majeure circumstances, the deadlines for fulfilling obligations shall be extended proportionately.
21. Dispute Resolution Procedure
21.1. All disputes and disagreements shall be resolved through negotiations and claim correspondence.
21.2. A claim shall be sent to the contact details listed on the Website or in the parties' details.
21.3. The period for reviewing a claim is 10 business days from the date of its receipt, unless another period is established by law.
21.4. If agreement is not reached, the dispute shall be subject to consideration in court at the location of the Contractor, unless otherwise established by mandatory norms of the legislation of the Russian Federation.
22. Final Provisions
22.1. In all matters not regulated by this Offer, the Parties shall be governed by the legislation of the Russian Federation.
22.2. The invalidity of one or more provisions of this Offer does not entail the invalidity of its remaining provisions.
22.3. Integral parts of this Offer are:
- Terms of Use;
- System Use Rules;
- Acceptable Use Policy;
- Privacy Policy;
- tariffs and other terms of use of the System.
23. Contractor Details
Contractor:
TOO «PARK SUNCAR»
Kazakhstan, Almaty, Zenkova 22
info@node-proxy.com
https://node-proxy.com/