This Service Agreement is a valid contract between the IPRockets (including but not limited to the IPRockets) and you about the matters related to the Proxy Services you purchased. You can choose to accept this Service Agreement by stamping, website- clicking or otherwise, including but not limited to using IPRockets Proxy service without clicking to confirm this service agreement, meaning that you have reached an agreement and agreed to accept the full content of this Service Agreement. If there is any inconsistency between the sealed text of both parties and the version that accept this Service Agreement by other means, the text signed by both parties shall prevail.
With respect to this Service Agreement, you are reminded to pay special attention to the restrictions and exemption clauses, the clauses about how IPRockets affirms and processes your violation or breach of contract, and the clauses of the court of jurisdiction. Clauses of restrictions, disclaimers may prompt your attention in a bold or underlined form. Please read all of this Service Agreement carefully before accepting it. If you do not agree with any of this Service Agreement or cannot accurately understand IPRockets’s interpretation of the terms, please do not proceed.You are not entitled to use the software and related services unless you read and accept all the terms of this Agreement.Your download, installation, use, login and other actions are deemed to have read and agreed to the constraints of this agreement.
1. Service Agreement
1.1 “Services” in this Agreement means the Proxy services from IPRockets and related technical and network support services to you.
1.2 The services provided by IPRockets shall be in accordance with this Service Agreement.
2. Service charge
2.1. The service charge will be listed on your order page, and you can choose the specific type of service and pay it as the price listed.
2.2. Payment method: For the specific schedule of fees and the payment guidelines , please check the announcement on the order page, and the effective billing mode and standard published on the page shall prevail.
2.3. IPRockets reserves the right not to provide you with service and / or technical support, or to terminate the service and / or technical support, until you pay the full charge as agreed. Meanwhile, IPRockets reserves the right to pursue legal liability for arrears in post-pay services.
3. Rights and Obligations
3.1. You agree to comply with the relevant management specifications and procedures which show in this Service Agreement and in the service page. You understand that the above terms and specifications may change at times. If you do not agree to IPRockets’s relevant terms of this Service Agreement, you have the right to stop using IPRockets’s Proxy services.If you continue to use IPRockets’s Proxy service, you will be deemed to accept the changes of this Service Agreement made by IPRockets.
3.2 You shall pay the corresponding service charge at the IPRockets page prompt and agreed in this Service Agreement.
3.3 You promise that you may not use IPRockets’s Proxy services for purposes other than cross-border e-commerce store management without IPRockets’s written consent, and when you are using your Proxy services:
3.3.1 You should not conduct any behavior that destroys or tries to destroy network security (including but not limited to phishing, hackers, network fraud, websites or space containing or suspected spreading virus, Trojan, malicious code, as well as conducting suspected attacks through the virtual server on other websites and servers such as scanning, sniffing, ARP deception, DDOS, etc.);
3.3.2 You should not make any changes or attempt to change the system configuration provided by IPRockets or disrupt system security and network security;
3.3.3 You should not modify, translate, adapt, rent, sub-license, assignment, disseminate, or transfer the software or services provided by IPRockets on the Internet. Reverse-engineering, countercompile, or attempt to otherwise discover the source code of the software provided by IPRockets are also not allowed;
3.3.4 You should not copy, disseminate, transfer, license, or provide Proxy services provided by IPRockets without prior written consent from IPRockets;
3.3.5 No e-mail advertising and spam: do not use IPRockets Proxy services to distribute large numbers of undesirable or unsolicited e-mails, e-advertisements, or emails containing harmful information such as reactionary, pornography;
3.4 You may not use the resources and services provided by IPRockets to upload , download, store, publish the following information/content, and not to provide any convenience for others to release such information (including but not limited to setting up URL, BANNER links, etc.):
3.4.1 Political publicity and / or news information in violation of state regulations;
3.4.2 Political publicity and / or news information involving state secrets;
3.4.3 Feudal superstition and / or obscene, pornographic, indecent information or information abetting crime;
3.4.4 Gambling, Bingo games, “private service”, “plug-ins” and other illegal Internet publishing activities;
3.4.5 Information against national and religious policies;
3.4.6 Information that hinders the safe operation of the Internet;
3.4.7 Information that infringes on the legitimate rights and interests of others and / or damages to social order, social security and public morality;
3.4.8 Other contents in violation of laws and regulations, departmental rules or national policies.
3.5 You shall not use Proxy Services in any manner or purpose that will violate national or local laws and regulations, industry practices and social public ethics, as well as any manner or purpose that will affect or harm, or may affect or harm the interests of IPRockets.
3.6 You shall comply with all applicable laws and regulations during the use of this Agreement and shall not have any violation of law, terms of this Agreement or legitimate rights of a third party; you shall be liable for all actions under your account.
3.7 If you breach any provision of this Agreement, the IPRockets User Agreement, applicable laws, regulations or there is any third-party infringement complaint, and you have no proof to the contrary evidence, then, with written notice from IPRockets, IPRockets will have the right to restrict, seal your account at IPRockets, as well as suspend or terminate part or all of the functions of the service, and the right to ask Party B to compensate for any economic losses caused to IPRockets.
3.8 If IPRockets finds that you violate the above provisions, it has the right to take appropriate measures, including but not limited to immediate termination of service, suspension of service, or deletion of the corresponding information.If a third party organization or individual challenges or complains about you, IPRockets will notify you that you have the responsibility to explain and provide certification within the specified time, and if you fail to provide evidence to the contrary or you fail to give timely feedback, IPRockets will be entitled to limit, seal your account at IPRockets, and suspend or terminate part or all of the functions of the service, and ask you to compensate for all financial losses incurred to IPRockets. If we fail to get in touch with you because the contact information is invalid or incorrect, it will be deemed that you have not given timely feedback.
3.9 You clearly know, understand and agree that the products and Proxy services of IPRockets neither provide VPN services in any forms, nor support any illegal access to foreign internet resources via proxy servers. You should use the international networking inward and outward channels provided by the P.R.C. public telecommunication networks pursuant to the Interim Administrative Regulations of the People’s Republic of China on International Networking of Computer Information Networks.
3.10 You clearly know, understand and agree that this product is merely an instrumental software focusing on E-commerce marketing, and that users’ activities via this product cannot represent the will, opinion and standing of this product. Services provided by this product is prohibited to be applied in any illegal activity.
3.11 The resources you purchase from IPRockets, including but not limited to Proxy, are only allowed to be used on IPRockets products and services, and are not allowed to be used for other purposes. The resources shall not be used to conduct any behavior that harms the lawful rights and interests of others, and shall not be used to conduct illegal or criminal activity.
4. Non-Disclosure Provision
4.1 Confidential information refers to all technological or non-technological information that one party discloses to the other party. Confidential Data include but not limited to product information, product planning, price, financial and marketing plan, business strategy, client information, client data, research data, software, hardware, application program interface, technological description, design, formula and algorithm.
4.2 The parties of this service agreement agree that they should keep all received Confidential Data confidential and ensure their employees exposed to such Confidential Data comply with the confidential duty under this provision. Unless the above Confidential Data has been disclosed to the public, the party receiving the Confidential Data shall not disclose the Confidential Data to the third party.
4.3 Both parties of this agreement agree that Confidential Data is the key confidential information and is an important asset of their owner. Both parties agree to put their greatest efforts on protecting the above Confidential Data from being leaked. Both parties shall take all reasonable measures to avoid or reduce such damage.
4.4 This provision does not cease to be valid even if this agreement is terminated.
5. Term and Termination
5.1 You are entitled to get access to the IPRockets Proxy services from the day you agree with this agreement and subscribe to the services under this agreement.
5.2 You should maintain an adequate account balance to ensure continuous services. If you have payment overdue, IPRockets has the right to terminate the provision of services under this agreement.
5.3 This Services Agreement will be terminated under these following circumstances:
5.3.1 Both parties agree that the agreement shall be terminated in advance.
5.3.2 If you have seriously breach your obligation under this Service Agreement (including but not limited to a. you do not make your payment pursuant to this agreement, and/or b. you breach laws and related regulations, and/or c. you breach this agreement), IPRockets has the right to suspend and terminate the provision of service, and is entitled to terminate this service agreement in advance. If you still have overdue payment, you are still obliged to make the payment.
5.3.3 You fully understand and recognize that although IPRockets has established (and will continue to update as the technology develops) necessary technologies as defenses against conducts threatening Internet security (hereinafter “conducts”), including computer virus, network intrusion, attack and damage(include but not limited to DDOS), IPRockets has the right to suspend or terminate the service when such conducts do harm to IPRockets or other networks or servers of IPRockets, or when such conducts affect the linkage between IPRockets and the Internet or between IPRockets and specific network, server and its internal. Service charge will be counted according to the actual amount of service provided if service is terminate. If you have payment overdue, you should still make the payment.
6. Liability for breach of this Agreement
6.1 The usage of IPRockets Proxy services and any other software and services of IPRockets should comply with the laws and regulations of P.R.C and should comply with this Services Agreement.
6.2 You understand that in consideration of the unique nature of computers and internet, the following situations shall not be deemed as a breach of contract by IPRockets.
6.2.1 IPRockets will suspend its services during maintenance and update of services.
6.2.2 The network access speed may decrease due to network congestion.
6.3 You understand that in consideration of the unique nature of computers and internet, the following situations shall not be deemed as a breach of contract by IPRockets. IPRockets shall not be held liable for any indirect, consequential, punitive, contingent and exceptional damages in any circumstances, including the loss of profits you bear as you use the services of IPRockets, even if you have been informed of the possibility of the loss.
6.4 IPRockets shall not be held liable for any damages exceeding the sums of services charge of the services that be held breaching this Services Agreement.
7. Force Majeure
7.1 The parties shall not be held liable for Force Majeure and any other Contingency, which makes the performance of this terms of services impossible, unnecessary and meaningless.
7.2 Force Majeure and Contingency refers to incident that cannot be foreseen, overcome, avoided and that has a significant influence on one or both parties, include but not limited to natural disasters such as floods, earthquakes, pandemics and social events such as wars, unrest, state actions, disruptions of telecommunications trunks, hacking, network congestion, technical adjustments by telecommunications department and government regulations.
8. Applicable Laws and Dispute Resolution
8.1 This Services Agreement shall be governed by, and interpreted and construed in accordance with, the laws of Hong Kong S.A.R. without regard to conflicts of law principles that would require the application of any other law.
8.2 Any dispute, controversy, difference or claim arising out of or relating to this Services Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be Three. The arbitration proceedings shall be conducted in English.
9.1 The descriptions of services and prices of any built-in page of IPRockets or on the website https://iprockets.net/, as well as the the order page you confirm and accept are a indivisible part of this Services Agreement. This Services Agreement should prevail whenever there is any inconsistency between this Services Agreement and the descriptions of services, prices on https://iprockets.net/ as well as the order page you confirm and accept.
9.2 This Services Agreement shall prevail if there is any inconsistencies between this agreement and IPRockets Policies – Terms of Services.
9.3 IPRockets is entitled to transfer all or parts of its rights and obligations under this Services Agreement to any affiliate of IPRockets by disclosure on https://iprockets.net/ , website posts or a written notice.
9.4 If any provision of this Services Agreement, considering its unique nature or other aspects, shall be deemed to be valid after the termination of this agreement, the provision shall keep existing and valid, including but not limited to warranties, non-disclosure provisions, intellectual property provisions, and provisions related to applicable laws and dispute resolution.