I. Introduction
Welcome to DuckProxy page. ("our","us","we"). Please read the
terms of use ("Terms of Use") which concern your use of the WebSite. You agree
to be bound by the Terms of Use contained within. You agree that you have
parental, guardian, or other permission to use the site, or that You are of
legal age to use the WebSite. If you do not agree with these Terms of Use,
please exit the WebSite now.
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.
II. Privacy
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.
DuckProxy assumes no responsibility for monitoring the DuckProxy service for
inappropriate content or conduct. If at any time DuckProxy chooses, in its sole
discretion, to monitor the DuckProxy service, however, DuckProxy assumes no
responsibility and no obligation to modify or remove access to any inappropriate
content, and no responsibility for the conduct of any user. DuckProxy may review
and block any content that, in its sole judgment, violates this Terms of Use or
may be otherwise offensive or illegal, or violate the rights, harm, or threaten
the safety of any user or person not associated with the WebSite.
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.
III. Restrictions
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
IV. Disclaimers
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.
3. Indemnification
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.
4. Changes
WE RESERVE THE RIGHT TO CHANGE ANY PART OF THE WEBSITE WITH, OR WITHOUT NOTICE
TO YOU.
VI. Ability to Accept Terms of Service.
You affirm that you are at least 18 years of age, or the applicable age of
majority in the jurisdiction where you reside and from which you access the
WebSite. You also affirm that you are fully able and competent to enter into the
terms, conditions, obligations, affirmations, representations, and warranties
set forth in these Terms of Use, and to abide by and comply with these Terms of
Use. If you are under 18 years of age, or under the age of majority in the
jurisdiction where you reside or from which you access this WebSite, then you do
not have permission to use the WebSite.