Terms and Conditions

Targeted Proxies is owned and operated by Targeted Tactics Media LLC. The name Targeted Proxies is used for marketing purposes only. This Terms of Service (TOS) is an agreement made between Targeted Proxies (Targeted Tactics Media LLC) and you, the Customer.

Customer

Customer is the person or legal business entity which has subscribed to the services of Targeted Proxies (“Service” or “Services”). No other person is permitted to use the Service, whether by assignment, license, permission, or otherwise, on the part of Customer, or those who have gained unauthorized access via the Customer to use Targeted Proxies’s Services. Customer is an individual or legal business entity, and only those who are authorized employees or agents of Customer may use the Services. Any attempt by Customer to permit use by third parties, who are not employees and/or agents, is a breach of this TOS. Terms governing Targeted Proxies’s rights upon the occurrence of a breach is described in the paragraph under the heading “Breach”. Customers, by default, agree to the outlined Terms of Service (TOS) once they submit payment to receive our services.

Term

Customer agrees to a month-to-month term for Services unless otherwise agreed to in writing, by electronic mail, by instant messaging, or electronically via Targeted Proxies’s website. If the term for Service is month-to-month, the term is automatically renewed each month, unless Customer provides written notice of cancellation based on the terms provided below. If Customer has a term other than month-to-month, the term is automatically renewed for the same term, unless Customer provides written notice of cancellation based on the terms provided below.

Service Fees

Fees for Services ordered by Customer shall begin on the day after the date of the order.

Cancellation

Targeted Proxies requires, and Customer agrees, a written cancellation notice should be made for discontinuance or downgrades of Services. Failure to supply the requisite written notice of cancellation may result in continuous charges/billing. Notice of written cancellation by Customer is to be given via online Customer Dashboard.

Refunds

All Services rendered by Targeted Proxies are refundable within 1 day / only, except for other instances where Targeted Proxies stated a different refund condition. This includes, but is not limited to: monthly or other periodic service fees. A written request should be made by Customer through email or through the Customer Dashboard.

Disputes

Customer seeking to resolve any billing error shall open a support ticket via the Customer Dashboard within thirty (30) days of an alleged billing error. Without being limited by the preceding sentence, Customer agrees not to contest, seek reimbursement, chargeback or otherwise seek non-payment or reversal of any payment however made, without limitation, via credit card, PayPal or otherwise for Services rendered. Any such action is a breach of this TOS. Terms governing Targeted Proxies’s rights upon the occurrence of a breach is described in the paragraph under the heading “Breach”.

Non-Payment

All payments are due in full on the monthly or other periodic anniversary date, depending on the duration of Services agreed upon. Failure to remit payment for Services under this TOS on the monthly or other periodic anniversary date is a breach of this TOS. Targeted Proxies may provide Customer with Services following a failure to pay, but is not obligated to, for two calendar days, including the anniversary date. Failure to remit payment by the third calendar day, which includes the anniversary date, shall result in termination of Services, without notice, to Customer, if not sooner terminated.

Payment

Any and all payments set forth in this TOS are the sole responsibility of Customer. No other person shall be responsible for payments or making payments to Targeted Proxies.

Compliance with Laws

Customer agrees to abide by all laws, foreign and domestic, local, state, and federal. Do not attempt to access or modify our system in any way.

Disclaimer

We are not responsible for overseeing how you the Customer uses our Services. Targeted Proxies will not be held responsible any crimes, damages or injuries caused as a result of using our Services. When you use our Services, you release Targeted Proxies and Targeted Tactics Media LLC from all lawsuits, damages, and proceedings of any sort — known or unknown, suspected or unsuspected, reported or undisclosed — arising out of or in some way connected with these conflicts and the Services. All information that you use the Services to access is at your own risk. You are solely responsible to any party for any consequential damage or loss.

Third-party Contents

Customer acknowledges that Targeted Proxies may provide third party websites on Targeted Proxies’s website, where such websites may provide information, videos, music, images, photographs, sounds, or other contents. Targeted Proxies does not, directly or indirectly, endorse, agree, or otherwise support such websites or their contents. Customer agrees not to hold Targeted Proxies liable or responsible for such contents or such websites.

Security of Customer Information

Customer understands and agrees that Targeted Proxies cannot guarantee, assure, or promise that information or data of Customer held by Targeted Proxies, transmitted during use via Targeted Proxies’s servers (including, without limitation, any and all transmissions to and from Customer via Targeted Proxies’s servers) or via Customer’s use of Service, will not be compromised by unauthorized access. Without limiting any right of Targeted Proxies as set forth under the heading “Indemnity”, Customer holds Targeted Proxies harmless in the event of any breach of security to Customer’s data or information as described in this paragraph.

Security of Customer`s Internet Protocol ("IP") Address

Targeted Proxies cannot guarantee, assure or promise that Customer’s IP address may not be compromised by third parties.

Age of Customer

Without limiting the provisions under the heading “Governing Law”, Customer warrants and represents that it has reached the age of majority of 18 years of age, or such other age of majority based on laws applicable to the Customer’s place of residence, and further represents and warrants that it has satisfied all other legal requirements for entering into contracts, including this TOS. In the event Customer has not reached the age of majority, Customer must exit Targeted Proxies’s website without executing this TOS.

Indemnification

Customer agrees to indemnify, defend (attorney representing Targeted Proxies shall be of Targeted Proxies’s choosing and paid for by Customer), and hold harmless Targeted Proxies, Targeted Proxies’s affiliates, and each of Targeted Proxies’s officers, directors, owners, attorneys, accountants, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including all attorneys’ fees) brought by a third party against Customer under any theory of legal liability arising out of or related to Customer’s conduct, in tort, contract, infringement of third party’s rights of whatever nature or otherwise. Without limiting what is set forth under the heading “Assignment”, this provision under the heading “Indemnification” applies to any person or entity, whether or not authorized by Customer, who uses Customer’s user name, Internet Protocol address, i.e. IP address, or other Customer identifying information, to use the Services of Targeted Proxies, Customer agrees that Targeted Proxies may, but is not obligated to, at its sole discretion, select its own legal counsel, advance attorneys’ fees, all subject to reimbursement in full by Customer. This indemnification provision survives the termination of of this TOS with Customer.

Limitation of Liability

Targeted Proxies shall not be liable for failing to provide Service(s) resulting from any condition beyond its reasonable control, including, without limitation, governmental actions, governmental regulations, any acts of terrorism, armed military conflicts, earthquakes, fires, floods, natural disasters, other acts of God, labor conditions, power failures, Internet disturbances, and failures relating to computers (networks, software, and hardware), and telephone network or services. Targeted Proxies shall not be liable to Customer for harm caused by or related to Customer’s use of Services or inability to utilize the Services unless caused by gross negligence or willful misconduct on its part. Targeted Proxies shall not be liable for temporary unavailability of Services arising from Targeted Proxies making maintenance, upgrades, or unavailability for other reasons. Targeted Proxies makes no warranties, expressed or implied, including implied warranties of title, merchantability, fitness for any particular purpose, or non-infringement. Targeted Proxies cannot guarantee and does not promise any specific results from use of Targeted Proxies’s Services. Targeted Proxies shall not be liable to Customer for lost profits (even if informed by Customer), direct or indirect, special or incidental, consequential or punitive damages, or damages of any kind whether or not known, made known to, or should have been known by Targeted Proxies. Notwithstanding anything else in this TOS, the maximum aggregate liability of Targeted Proxies and any of its employees, agents or affiliates, under any theory of law, whether sounding in tort, contract, or otherwise, shall not exceed the amount already paid by Customer for Services for the six months immediately prior to the occurrence of the event giving rise to the claim, provided that Customer has made full payment for that six-month period. In the event Customer has not paid for six months of Service, whether Customer’s use has been of a lesser duration or due to a failure to pay, the maximum aggregate liability of Targeted Proxies is reduced proportionately. This provision on limitation of liability shall survive the termination of this TOS with Customer.

Arbitration

Customer agrees that any controversy or claim arising from Services provided under or terms related to this TOS, whether sounding in tort, contract, or otherwise, shall be resolved by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Venue for arbitration shall be in Minnesota, USA. If the amount in controversy is within the jurisdictional amount of the small claims courts of Minnesota, USA, in which case the claim may be brought in the small claims courts of Minnesota. Customer waives all defenses based on lack of personal jurisdiction and forum non conveniens.

Assignment

Targeted Proxies’s AUP, which is posted at Targeted Proxies’s website at https://www.targetedproxies.com/acceptibleusepolicy, is incorporated herein by reference and made a part hereof. Customer represents and warrants that it has read and understood the AUP in its entirety before executing this TOS. A breach of that policy is a breach of this TOS. A third-party abuse complaint received by the Targeted Proxies linked to a Customer’s IP addresses will result in a $99 abuse processing fee charged to the customer and possible account termination at the Targeted Proxies’s sole discretion.

Breach

A breach by Customer of any of the terms and provisions of this TOS, AUP, or Website Information, whether specifically stated therein as a breach, is a breach of this TOS. In the event of Customer’s breach, Targeted Proxies, at its sole discretion, may terminate the Service immediately and seek redress as provided in this TOS. The remedies provided in this TOS are in addition to remedies available to Targeted Proxies in law and at equity. Without limiting that which is set forth under the headings of “Refunds” and “Disputes”, in the event of a breach by Customer, there shall be no refunds, reimbursements, chargebacks, or otherwise.

Decline to Renew or Supply Additional Services

Without limiting any other provision in this TOS, Targeted Proxies retains the right, at its sole discretion, to decline to supply additional Services to or renew Services with Customer.

Waiver of Rights

No failure to exercise, and no delay in exercising, on the part of Targeted Proxies, of any right hereunder or at law or in equity shall operate as a waiver thereof. No modification or waiver of any provision of this TOS or AUP, or Website Information, nor consent to departure therefrom, shall be effective unless in writing, by electronic mail, by instant messaging, or electronically, and no waiver or modification shall extend beyond the particular case and purpose involved, and any waiver or modification does not constitute waiver as to Targeted Proxies’s rights in the future.

Severability

In the event any term or provision in this TOS is found by a tribunal of competent jurisdiction to be invalid, the remainder of the TOS shall remain in full force and effect.

Headings

Headings are for ease of reference and are not made a part of this TOS.

Changes to TOS and other documents

Targeted Proxies reserves the right to change at any time, without notice, the terms of this TOS, the AUP, the Website Information, or to add additional documents to its website. Targeted Proxies will endeavor to provide notice to Customer of any changes or additions, but is not obligated to do so. Any notice which may be given will be given at customer portal. Customer agrees to keep itself informed and to review regularly for any and all changes to this TOS, AUP, Website Information or other documents. Customer’s continued use of the Service following such changes constitutes consent to such changes.

Governing Law

The laws of the State of Minnesota shall govern the interpretation and enforcement of this TOS, without consideration given to its conflict of laws.

Entirety of Understandings

This TOS, AUP, and Website Information embody are the understandings between Targeted Proxies and Customer.

Read and Understood this TOS

Customer represents and warrants that it has read and understood this TOS in its entirety before executing this TOS.

Electronic Signature

Customer agrees and accepts the terms and provisions of this TOS, AUP, and Website Information by completing the checkout process on Targeted Proxies’s website. By selecting the PayPal checkout button on Targeted Proxies’s website, Customer agrees that it has authorized Targeted Proxies to bill Customer for Services.

Targeted Proxies is owned and operated by Targeted Tactics Media LLC. The name Targeted Proxies is used for marketing purposes only.