DuckProxy provides the WebSite as a service to its users. DuckProxy provides a platform to access any applicable content via the internet without exposing the user's IP address to the location visited. The visiting site sees our server IP Address, thus aiding to protect privacy. In addition the software makes efforts to encrypt data (such as URLs) to further aid in protecting privacy. You are responsible for complying with all applicable federal and state laws, including, without limitation, the copyright laws.
1. We maintain logs of all user activity via DuckProxy. This includes, but is not limited to, information such as
(a) your IP address
(b) URL You were visiting
(c) the date and time (Unix Timestamp)
(d) and your browser (HTTP_USER_AGENT)
(f) the referring page (HTTP_REFERER)
Other information may also be logged at our discretion.
2. The WebSite may share and view any information that we log about You with others at any time if we feel the need, for reasons, including, but not limited to, law enforcement. We do not, and will not sell any of the information logged. We value your privacy, but we reserve the right to cooperate with law enforcement enquires. This includes but is not limited to, law enforcement officials who are investigating criminal activities done by users of our WebSite.
You may not use the WebSite:
1. For any illegal or criminal purpose. (Including, but not limited to, searching for child porn, hacking, fraud, and harassment)
2. To communicate, or contact with minors in a way disallowed by law.
3. To infringe or violate the intellectual property rights of another.
4. To engage in the act of spamming, or any kind of unsolicited mass distribution of email, or other internet abuse.
4. To bypass blocking imposed by the owner of a bulletin board or discussion forum.
5. To send any harmful, abusive, unlawful, threatening, harassing, or libelous content of any kind or nature.
6. If disallowed by your network administrator.
You also agree that you shall not do any of the following:
(a) view, upload, post, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy (including without limitation any personal information except with written consent of the owner of such personal information), hateful, or racially, ethnically, or otherwise objectionable;
(b) impersonate any person or entity, including without limitation any Duck Proxy personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any requests transmitted through the WebSite;
(d) upload, post, or transmit unsolicited commercial email or "spam" or engage in any practice that is in any way connected with "spam";
(e) upload, post, or otherwise transmit anything that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, limit the functionality of, or monitor, or persistently reside in or on any computer software or hardware or telecommunications equipment;
(f) damage, interfere with, or disrupt DuckProxy, the WebSite, or any other networks;
(g) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations or laws having the force of law where you reside, including without limitation any laws or regulations relating to securities, privacy, and export control;
(h) "stalk" or otherwise harass another;
(i) engage in, promote, or provide instructional information about, or provide content depicting illegal activities, promote or depict physical harm or injury against any group or individual, or promote or depict any act of cruelty to animals;
(j) use the Website in any way that exposes DuckProxy to criminal or civil liability
1. Disclaimer of Warranties
THE PRODUCT IS PROVIDED "AS IS AND WITH ALL FAULTS" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND. THE PRODUCT MAY CONTAIN BUGS, ERRORS, OR OTHER PROBLEMS. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PRODUCT IS AT YOUR SOLE RISK AND THAT YOU AGREE TO ACCEPT THE PRODUCT "AS IS AND WITH ALL FAULTS". DuckProxy MAKES NO WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. DuckProxy RESERVES THE RIGHT TO REVISE THE PRODUCT WITHOUT OBLIGATION TO NOTIFY ANY INDIVIDUAL OR ENTITY OF SUCH REVISIONS. DuckProxy DOES NOT AND CANNOT WARRANT THAT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT THE PRODUCT WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED.
2. Limitation of Liability.
YOU USE THE WEBSITE ENTIRELY AT YOUR OWN RISK. WE ARE NOT RESPONSIBLE FOR YOUR ACTIONS.
YOU WILL BE HELD FULLY RESPONSIBLE FOR ANY CONSEQUENCES STEMMING FROM ILLEGAL, OR OTHER IMPROPER USE OF THE WEBSITE.
IN NO EVENT SHALL THE WEBSITE, ITS MEMBERS, MANAGERS, EMPLOYEES, AND AFFILIATES (COLLECTIVELY REFERRED TO AS "DuckProxy") BE LIABLE TO YOU OR OTHERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF JOB, SUSPENSION OR BEING EXPELLED FROM EDUCATIONAL INSTITUTIONS, LOSS OF SAVINGS, LOSS OF DATA, LOSS OF BUSINESS INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES), RESULTING FROM, INCLUDING BUT NOT LIMITED TO, ANY DEFECT IN THE PRODUCT WHETHER FORESEEABLE OR NOT, ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, MISUSE OF THE PRODUCT, YOUR ILLEGAL USE OF THE PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF DuckProxy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN PARTICULAR, DuckProxy SHALL HAVE NO LIABILITY FOR ANY DATA STORED IN OR USED WITH THE PRODUCT, INCLUDING THE COST OF RECOVERING SUCH DATA. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
YOU AGREE TO FULLY INDEMNIFY AND HOLD US, OUR SUCCESSORS AND PREDECESSORS AND EACH OF OUR AND THEIR RESPECTIVE DIRECTORS, SHAREHOLDERS, PARTNERS, JOINT-VENTURERS, EMPLOYEES, PARENTS, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSEES, OFFICERS, CONTRACTORS AND SUPPLIERS AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, PRINCIPALS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AGENTS, REPRESENTATIVES, HEIRS, EXECUTORS, ADMINISTRATORS, SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY SUIT, CLAIM, ACTION, HEARING, DEMAND OR EXPENSE, INCLUDING BUT NOT LIMITED TO: ALL CLAIMS FOR DAMAGES, FEES OR COSTS (INCLUDING ATTORNEYS' FEES) MADE OR BROUGHT BY ANY THIRD PARTY DUE TO OR ARISING OUT OF THE USE OF THE SITE OR ANY PART OF OUR SERVICE TO YOU, YOUR AGENTS OR REPRESENTATIVES, ANYONE UNDER YOUR CONTROL, OR BY ANY THIRD PARTY USING YOUR EQUIPMENT, ACCOUNTS, PASSWORDS TO ACCESS AND/OR USE THE SITE OR OTHER RELATED SERVICE (FOR PURPOSES OF THIS SECTION, COLLECTIVELY, "YOU"); THE VIOLATION BY YOU OF OUR TERMS OF SERVICE OR ANY PROVISION THEREIN (INCLUDING WARRANTIES, REPRESENTATIONS OR COVENANTS); THE INFRINGEMENT OR MISAPPROPRIATION BY YOU OR ANY INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON OR ENTITY; OR THE USE OR MISUSE BY YOU OR THIRD PARTIES OF END USER PASSWORDS OR ACCOUNTS. WE RESERVE THE RIGHT, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES AND, AS SET FORTH ABOVE, BE FULLY RESPONSIBLE FOR OUR ATTORNEYS' FEES.
WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEBSITE WITH, OR WITHOUT NOTICE TO YOU.
VI. Ability to Accept Terms of Service.