HomeIP.io Terms and Conditions

Effective Date: May 1, 2019

The multiple IP address proxy infrastructure solution, is provided and maintained by HomeIP.io and its affiliated companies (hereinafter – „ HomeIP“, „we“, “our” or “us”). The System is intended for research, personal and commercial use and only for the lawful and legitimate purposes, as defined in this License Agreement and any applicable laws. This License Agreement (this “Agreement”) applies to all versions of the System, as well as any separate functionality and derivatives thereof.

By clicking “Register” and registering to our System and/or by starting to use the System, you the user, confirm that you have read this Agreement and that you enter into legally binding Agreement with HomeIP, as well as you agree to be bound by this Agreement. The current version of this Agreement may be found at the HomeIP website (homeip.io/license).

Use of the System constitutes your agreement to be unconditionally and without restrictions bound by the terms and conditions of this Agreement. If you do not agree to be bound by the terms and conditions of this Agreement, you must not use or must immediately end your use of the System, and/or must uninstall any software that was provided as part of the System. Unless explicitly stated otherwise, any new features or functionality that augment or enhance the System shall be subject to this Agreement.

If you are using the System on behalf of an organization, you are agreeing to this Agreement for that organization and acknowledging that you have the authority to act on behalf of that organization, and commit to this Agreement on behalf of that organization.

Limited License Grant

Subject to your agreement and continuing compliance with this Agreement, HomeIP grants you a non-exclusive, non-transferable, revocable limited license to access and use the System for personal, research and your own legitimate commercial purposes, for the duration of the chosen HomeIP System subscription package. HomeIP System subscription package chosen by you may set the duration and technical restrictions on the use of the System.

Your use of the System and grant of the limited license to you requires purchase by you of one of the HomeIP System subscription packages. You shall enter a valid payment method as a condition for use or access to the System, and the payment for the selected HomeIP System subscription package will be assessed against it. HomeIP System subscription package prices exclude any applicable taxes, levies and duties (VAT, withholding, customs or other) and you shall be responsible for payment of all such applicable taxes, levies, or duties.

You agree that you will at all times comply with all laws and regulations when using the System. HomeIP reserves the right to stop offering and/or supporting the System or part of the System or any functionality constituent in the System at any time, at which point your license to use the System or a part thereof will be automatically suspended. In such event, HomeIP shall not be required to provide refunds, benefits or other compensation to users of the System. The System may not be fully functional, if you use a version other than the latest version of the System, and you agree to cease use of an older version of the System, if requested by HomeIP or if HomeIP notifies that, only the most recent version of the System should be used by the System users.

You may use the System only if you can legally accept this Agreement and commit under this Agreement, and only in compliance with this Agreement and all applicable laws. Persons younger than 18 shall not use the System. HomeIP shall never knowingly allow use of the System for persons younger than 18, and shall not collect and process any personal data of such persons. Based on the above, it is presumed that any person using the System is at least 18 years of age. In case younger than 18 years old person or person supplying wrongful data are identified, such person’s account and all their data shall be immediately and without any notice withdrawn by HomeIP.

We may unilaterally and without any notice or warning set forth and enforce restrictions on using the System, especially when it is required for observing the acceptable use of the System (please also see section Prohibited Activities below). We reserve the right to unilaterally refuse the System, suspend your use or limit access to the System at our sole discretion for any reason or no reason.

Unless otherwise stated in writing, The User Subscription shall continue indefinitely until User’s account had been terminated.You are entitled to cancel your account and registration at any time, in accordance with the terms of your subscription. After cancellation or termination of your account for any reason, you will no longer have access to the account and all information and content in such account may be, but is not required to be, deleted by HomeIP. Moreover, the service privilege that was granted by HomeIP, if any, shall immediately be terminated.

If you are not entirely satisfied with your purchase, you may receive a refund only if you meet our conditions. Please note that  BTC payments are non-refundable.

The refund conditions are:

  1. You have purchased a plan;
  2. You have requested a refund in the first 3 (three) days of your purchase;
  3. You have not used more than 25 (twenty five) % of your plan traffic during the first 3 (three) days of your purchase;

Also, please note that even if you meet the conditions established above, you will be refunded only once and only for your first order. That means that if during the 3 day refund period you have upgraded/downgraded your plan, you will be refunded only for the initial amount that you had paid.

Please note, that as each of our plans creates a monthly subscription, you are 100% responsible to cancel the monthly subscription before the next billing cycle happens.

Without limiting any other remedies, HomeIP may, without notice, and without refunding any fees suspend a User, or indefinitely suspend a User’s account privileges, terminate a User’s account, and prohibit access to the Services, if such User has breached this License Agreement or any other HomeIP policies, or has engaged in improper or fraudulent activity in connection with HomeIP, or has performed any other acts that may cause legal liability or financial loss to HomeIP’s Users or to HomeIP.

HomeIP may recover from a User any losses, damages, costs or expenses incurred by HomeIP resulting from or arising out of User’s non-compliance with any provision of this License Agreement.

Personal information (Account and Payment)

You are required to provide HomeIP with information for your account (valid email, username and password) and payment information in order to use the System. You assume full responsibility that such information is current, complete and accurate. You warrant that information that you provide to us will be truthful, accurate, and complete, and that you are authorized to provide such information. You authorize us to verify your information at our own discretion and at any time. Furthermore, please be informed that our order process is conducted and handled by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides customers’ with service inquiries and handles returns.

Access to data, content and resources through the System (Third Party Content)

The System allows you to access third party data, content and resources, as if you were accessing them through the IP addresses provided by the System. Anything that you may access with the assistance of the System is referred to as the “Third Party Content”. HomeIP respects the intellectual property, privacy and security of others, and we ask our users to do the same. When you access any Third Party Content with the assistance of the System, please consult the property, persons and entities portrayed in such content for consents, rights, information and restrictions that may be applicable to such content. Please note that certain content may not be recorded, reproduced, used, distributed or displayed without the written permission of the right holders and affected parties. You are solely responsible for the Third Party Content you access, use, record, save and retain assisted by the System and you will not violate the restrictions applicable to/by the property, persons and entities where such content originates, regardless if any such restrictions are posted or not. As a condition to your use of the System, you agree not to use the System to infringe any applicable laws or third party rights, including privacy and intellectual property rights and not to engage in any Prohibited Activities (see below). You may be subject to civil, administrative and criminal penalties, including without limitation monetary damages, if you engage in the Prohibited Activities, or otherwise violate this Agreement, or infringe any third party’s legal rights. We reserve the right, at any time, in our sole discretion, with or without notice, to suspend use and access to the System to any users who infringe any third party rights or applicable laws.

You are solely responsible for any content uploaded, submitted or transmitted by you through the site or the Service, including, without limitation, all personally identifiable information relating to you or any of your users, customers, service providers, employees, contractors or agents. HomeIP expressly disclaims any and all liability in connection with such content.

HomeIP may access, use, store, disclose and/or share any information stored or transmitted on or through the Services which HomeIP considers necessary or appropriate, including, without limitation, User’s content, IP address and traffic information, volumes, frequencies, recipients, usage history, and any other type of content or data, in order to, among others, comply with applicable laws and lawful governmental requests, to protect HomeIP’s systems and users, to ensure the integrity and operation of HomeIP’s business and systems, and to allow HomeIP to provide and improve its services. HomeIP also reserves the right to report any activity that it suspects violates any law, rule or regulation to appropriate law enforcement officials, regulators or other appropriate third parties.

Intellectual property

The System and its proprietary features, functionality, interfaces and source code are protected by copyright and other intellectual property laws. The System and its proprietary features, functionality, interfaces and source code are owned by HomeIP. Except for the limited license rights expressly provided herein, HomeIP has and will retain all rights, title and interest in and to the System, its proprietary features, functionality, interfaces and source code and the Software (as defined below), and all copies, modifications and derivative works thereof (including any changes which incorporate any of your ideas, feedback or suggestions). You acknowledge that you are obtaining only a limited license right to the System, its proprietary features, functionality, interfaces and the Software and that no ownership rights are being conveyed to you under this Agreement or otherwise. You may not reproduce, sell, publish, distribute, modify, display, perform, re-post or otherwise use any portion of the System, its proprietary features, functionality, interfaces and source code in any other way or for any other purpose without the prior written consent of HomeIP.

You acknowledge that the System, its proprietary features, functionality, interfaces and source code includes certain notices and marks owned by HomeIP and others. You agree not to copy, use or otherwise infringe upon or dilute these marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the System, its proprietary features, functionality, interfaces and source code.

Please note that all proprietary software programming contained in the System (collectively, “Software”) is owned by HomeIP and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. You shall not (and shall not allow any third party to): (a) decompile, disassemble, or otherwise reverse engineer the System, its proprietary features, functionality, interfaces and source code, or the Software, or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the System, its proprietary features, functionality, interfaces and source code, or the Software, by any means whatsoever (except and only to the extent that applicable law prohibits or restricts reverse engineering restrictions); (b) distribute, sell, sublicense, rent, lease or use the System, its proprietary features, functionality, interfaces and source code, or the Software (or any portion thereof), for time sharing, hosting, service provider or like purposes; (c) remove any product identification, proprietary, copyright or other notices contained in the System, its proprietary features, functionality, interfaces and source code, or the Software; (d) modify any part of the System, its proprietary features, functionality, interfaces and source code, or the Software, create a derivative work of any part of the System, its proprietary features, functionality, interfaces and source code, or the Software, or incorporate the System, its proprietary features, functionality, interfaces and source code, or the Software, into or with other software; (e) publicly disseminate performance information or analysis (including, without limitation, benchmarks) from any source relating to the System, its proprietary features, functionality, interfaces and source code, or the Software; (f) utilize any equipment, device, software, or other means designed to circumvent or remove any form of copy protection used by HomeIP in connection with the System, its proprietary features, functionality, interfaces and source code, or the Software, or use the System, its proprietary features, functionality, interfaces and source code, or the Software, together with any authorization code, serial number, or other copy protection device not supplied by HomeIP; or (g) use the System, its proprietary features, functionality, interfaces and source code, or the Software, to develop a product which is competitive with any HomeIP product offerings. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the System, its proprietary features, functionality, interfaces and source code, or the Software, is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

We are always interested in learning about ways we can improve the System. If you submit any comments, ideas, proposals, documents or feedback on the System, you agree that we are free to use them without any restriction or compensation to you. By receiving your comments, ideas, proposals, documents or feedback HomeIP does not waive any rights to use similar or related information previously known to us, or developed by our employees, or obtained from sources other than you.

Compatibility

You agree that you are solely responsible for any hardware and software environment, including operating systems and other applications, which you will be using for installing, running and accessing the System and Software of the System. You are responsible for obtaining all hardware necessary to run the System and for any fees, including, but not limited to internet connection, data, or mobile carrier fees that you incur when accessing the System. We are not responsible for any compatibility issues and faults, except as it may be covered under the separate support services agreement. Please consult us individually if you have any questions related to compatibility of your hardware and software with the System.

The System may automatically download and install upgrades, updates, or other new features unless you disable these features in your account.

Indemnity

To the fullest extent permissible under applicable law, you agree to release, defend, indemnify and hold HomeIP, its affiliates and agents, and their respective officers, directors, managers, partners, employees, agents and contractors harmless from and against any and all claims, costs, demands or expenses, including attorneys’ fees, arising from (i) any distribution, publication, refusal to publish, removal, deletion, movement, editing or other use of the Third Party Content, including but not limited to any claims that such Third Party Content is unlawful or violates the intellectual property or other rights of third persons, (ii) your use of the System or any reliance on its proprietary features, functionality, interfaces and working, or (iii) your violation or breach of this Agreement.

The System may be used to access and reproduce Third Party Content so long as such use is limited to reproduction of non-copyrighted material, material in which you own the copyright, or other material that you are authorized or legally permitted to reproduce. Title and intellectual property rights in and to any content displayed by, stored on or accessed through your System belong to the respective content owner. Such content may be protected by privacy rights, copyright or other intellectual property laws, and may be subject to terms of use of the third party providing such content. Except as otherwise provided herein, this Agreement does not grant you any rights to use such content nor does it guarantee that such content will continue to be available to you.

Prohibited Activities

HomeIP is under no obligation to enforce the Agreement against you. In case of violations of the Agreement, we reserve the right to investigate and take appropriate action at our sole discretion.

Below is a partial list of the kinds of activities that are prohibited on or through the System. While using the System you agree not to, and will not assist, encourage, or enable others to use the System for/to (collectively herein – “Prohibited Activities”):

violate general ethic or moral norms, good customs and fair conduct norms;

violate any third party’s rights, including any breach of property, privacy, confidence, personal data, copyright, trademark, patent or any other intellectual property or proprietary right;

engage in any terror, military, para-military, militia or similar training and activities;

engage in any illicit, criminal or otherwise unlawful activities, including security and privacy violations;

spy, stalk, harm, prank, or harass others, or promote bigotry or discrimination, to engage in espionage, cause any network resource to be unavailable to its users, including Denial-of-Service (DoS) or Distributed Denial-of-Service (DDoS) attacks;

use for any high-risk to third parties, harmful or destructive activities, including distribution of viruses, adware, worms, trojan horses, malware, spyware or any other similar malicious activities and products or any other computer code, files or programs designed to interrupt, hijack, destroy, limit or adversely affect the functionality of any computer software, hardware, network or telecommunications equipment;

use in relation to minors, and especially to observe, access, or distribute child pornography;

other activities that could be harmful to minors;

activity that harasses or advocates harassment of another person;

activity, or promoting information, that is fraudulent, false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; or

violate any applicable law, or conduct acts that are otherwise illegal in any jurisdiction;

violate this Agreement or Privacy Policy;

modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the System;

use any robot, application, or other automated device, process or means to use, access the System;

modify any functionality, interface or any other portion of the System;

remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the System on any User Content derived or copied from the System;

attempt to gain unauthorized access to the System, it’s functionality and features, HomeIP computer systems or networks to which the System may be connecting;

use the System to violate the privacy, security or otherwise cause harm to property, persons and/or entities; or

use the System in a way that imposes an unreasonable or disproportionately large load on the System or our hardware and software infrastructure;

engage in other disproportionate and generally unacceptable activities.

You also agree not to act contrary to the law, and not to perform aforesaid actions, even if permissible under applicable law, without providing 30 days’ prior written notice to us, which shall be provided together with any information that we may reasonably require giving us an opportunity to provide alternative remedies or otherwise accommodate them at our sole discretion.

We will disclose your data and all information about Prohibited Activities without your consent and any notice to you to the competent national and foreign authorities, especially in cases of: (i) any criminal and administrative investigation of your activities pertaining to violations of third party’s privacy or any other rights, or any applicable law; (ii) any legal action regarding suspected illegal activities; (iii) enforcement or application of this Agreement; (iv) compliance with the legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on HomeIP; or (v) protecting of legal rights, reputation, and property. We may also choose to comply with domestic and foreign court orders and requests pertaining to violations of third party’s privacy or any other rights, or any other illicit use of the System.

WARRANTY DISCLAIMER


USER ACKNOWLEDGES AND AGREES THAT THE SITE, THE SERVICES AND ANY OF ITS CONTENT, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY ANY APPLICABLE, LOCAL OR OTHERWISE, LAW. HOMEIP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES, INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, QUALITY, OR LACK OF VIRUSES. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATIONS ON LIABILITY AND REMEDIES


HOMEIP ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH HOMEIP (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE AND/OR SERVICES) IS TO DISCONTINUE YOUR USE OF THE SERVICES. HOMEIP AND ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SERVANTS OR AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SITE OR SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH HOMEIP’S SITE OR SERVICES. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF HOMEIP HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. HOMEIP LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF HOMEIP’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO HOMEIP IN THE 1 MONTH PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, HOMEIP’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. USER ACKNOWLEDGES AND AGREES THAT WITHOUT THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY, HOMEIP WOULD NOT BE ABLE TO OFFER THE SITE OR THE SERVICES.

INDEMNITY
YOU AGREE TO INDEMNIFY AND HOLD HOMEIP AND ITS DIRECTORS, OFFICERS, EMPLOYEES, ADVISORS, SUBSIDIARIES, AFFILIATES AND AGENTS, HARMLESS FROM AND AGAINST ALL LOSS, DAMAGES, EXPENSES, CLAIMS, DEMANDS AND LIABILITIES INCURRED OR SUFFERED BY HOMEIP ARISING OUT OF (A) ANY REPRESENTATION MADE BY YOU TO THIRD PARTIES CREATING ANY OBLIGATION OR LIABILITY REGARDING HOMEIP’S SERVICES WHICH HOMEIP HAS NOT SPECIFICALLY ASSUMED OR APPROVED UNDER THESE TERMS, (B) YOUR’S BREACH OF ANY TERM OR CONDITION OF THESE TOS OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR (C) YOUR FAILURE TO COMPLY WITH ALL APPLICABLE LAWS, REGULATIONS, ORDINANCES AND TREATY REQUIREMENTS, RELATING, AMONG OTHERS, TO DATA PROTECTION, PRIVACY RIGHTS, AND COPYRIGHTS.

Term, Termination and Suspension of the System

This Agreement commences on your start of use of or access to the System and shall continue until terminated in accordance with the terms of this Agreement.

You understand and agree that in HomeIP’s sole discretion, and without prior notice, your access to this System may be suspended, and HomeIP may exercise any other remedy available, if HomeIP believes that your use of the System (a) violates (i) the terms of this Agreement, (ii) the rights of HomeIP or any third party, or (iii) any applicable law or regulation, or (b) is otherwise objectionable or inappropriate or (c) constitutes fraudulent activity of any nature. You agree that monetary damages may not provide a sufficient remedy to HomeIP for violations of this Agreement, and you consent to injunctive or other equitable relief for such violations without the requirement that HomeIP post a bond. HomeIP is not required to provide any refund or other compensation to you if you are suspended as an authorized user of the System because, in HomeIP’s sole discretion, you have violated the terms of this Agreement.

Either party shall have the right to terminate this Agreement at any time by providing the other party an advance written notice and indicating the reasonable date of termination. In case of such termination by written notice by either party, HomeIP will not bear any liability, refund or other compensation obligations towards the user.

HomeIP shall be entitled to terminate this Agreement unilaterally and immediately in case of any unacceptable use of the System (please see section Prohibited Activities above), any infringement of any third party rights or applicable laws, or any infringement of this Agreement, or in case the user places HomeIP at risk under any applicable laws or regulations.

Upon termination of the Agreement the license grant according to this Agreement is automatically terminated and you shall immediately stop using and accessing the System and/or must uninstall any software that was provided as part of the System.

Export Controls and Sanctions

The System, its proprietary features, functionality, interfaces and source code and/or included Software may be subject to export controls and economic sanctions laws, regulations and requirements and to import laws, regulations and requirements of certain jurisdictions. By using the System, you represent and warrant that you are not located in, under the control or, or a national or resident of, any such restricted jurisdiction.

Government Users

The System, its proprietary features, functionality, interfaces and source code and the Software were developed fully at private expense. The System is a commercial product. If the user or licensee of the System is an agency, department, or other entity of the government, such user or licensee must enter into a separate written agreement with us in advance. Any unauthorized or other use is prohibited.

Dispute Resolution

All disputes and claims shall be resolved by negotiations. If negotiations fail to resolve the dispute or claim for 30 (thirty) days, such dispute or claim shall be finally resolved through the judicial procedure at the competent court of law.

Miscellaneous

We reserve the right to modify and update this Agreement at our sole discretion, at any time, for any or no reason, and without notice or liability, as indicated below. We also reserve the right to modify, update, or discontinue the operation of the System at our sole discretion, at any time, for any or no reason, and without notice or liability.

All users of the System are obliged to ensure that they are familiar with the most current wording of this Agreement. The current version of this Agreement may be found at the HomeIP website (HomeIP.com/license). We may provide you with notices, including those regarding changes to this Agreement by email and/or by publishing the updated Agreement on HomeIP website. You agree to review this Agreement each time you use the System, since you agree to be bound by it each time you use or access the System. Each update of this Agreement comes into force as of the moment when it is published as indicated above. You understand and agree that any continued use and access of the System after any updates to this Agreement are made, means that you voluntarily agree to be bound by the updated Agreement.

This Agreement constitutes an agreement between you and HomeIP regarding the use of the System, and supersedes any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in this Agreement.

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

You may not assign or transfer your rights or obligations under this Agreement to any third party.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.