Terms of service
This is an informational translation. The legally binding version is the Ukrainian original.
Товариство з обмеженою відповідальністю "Мпроксі", код ЄДРПОУ: 44812659, місцезнаходження юридичної особи: 03035, м. Київ, вул. Кирилівська, 82, оф. 9 в особі директора Шаповалова Владислава Миколайовича, що діє на підставі Статуту, пропонує необмеженому колу фізичних та юридичних осіб (далі - "Замовник"), укласти цей договір про надання інформаційних послуг (далі - "Договір").
This Agreement is public, pursuant to Articles 633 and 641 of the Civil Code of Ukraine, and its terms are identical for all Customers.
1. DEFINITIONS AND GENERAL PROVISIONS
1.1. Information Service (the Service) — provision of technical access to the Provider's server infrastructure (proxy servers) for processing and routing the Customer's data, according to the selected tariff plan posted on the Provider's official website (https://mproxy.top/).
1.2. Proxy server — the Provider's software and hardware complex that functions as an intermediary node for processing network requests using NAT (Network Address Translation) technology in accordance with RFC 1631 and RFC 3022.
1.3. Traffic routing — the technical process of forwarding data packets, which under part 2 of Article 1 of the Law of Ukraine "On Electronic Communications" is not an electronic communications service.
1.4. Public offer — a public proposal to conclude the Agreement on the terms contained in this Offer.
1.5. Provider's Website — a page on the internet at https://mproxy.top/, which is the official source of information for Customers.
1.6. Acceptance — full, unconditional and unreserved acceptance by the Customer of the terms of this Offer in full.
1.7. Customer — the person who has accepted this Offer and paid the cost of the services.
1.8. Traffic — the amount of information transmitted through the network over a certain period of time.
2. SUBJECT OF THE AGREEMENT
2.1. The Provider undertakes to grant the Customer access to the server infrastructure to provide the technical possibility of data routing (proxy access) on a paid basis, and the Customer undertakes to accept and pay for such services.
2.2. The services under this Agreement are information services in the IT sector. The Provider is not an internet access service provider. Internet traffic is provided by third-party telecom operators under the Customer's personal contracts.
2.3. The technological implementation of the Service fully complies with international standards, the current legislation of Ukraine, and the Provider's "Technical Description of Routing Algorithms".
2.4. The Service supports routing exclusively via the standard transport-layer protocol TCP. Routing of traffic specific to VoIP telephony (SIP/RTP), WebRTC technologies, as well as data transmission via UDP protocol by the Provider's software and hardware complex is not supported, technically impossible and prohibited.
3. TERMS OF SERVICE
3.1. The Customer independently selects the Service on the Provider's official website https://mproxy.top/ and makes payment for it. Acceptance of this Offer is payment for the selected service, which means full and unconditional acceptance by the Customer of the terms of this Offer.
3.2. From the moment funds are credited to the Provider's account, the Offer is deemed accepted. From the moment of Acceptance, unilateral termination of the Agreement by the Customer is impossible.
3.3. The Provider does not provide services of full anonymization. Identification of the Customer is carried out during Acceptance of the Offer through verified payment systems and authorization in the system.
The Customer understands that their identifiers are recorded by the system and, if there are reasonable circumstances (information and official requests, responses) indicating that they have committed any unlawful actions, such information will be transferred to law enforcement authorities in the manner prescribed by law.
4. RIGHTS AND OBLIGATIONS OF THE PROVIDER
4.1. The Provider has the right:
4.1.1. To independently organize the provision of Services and determine all technical conditions at its sole discretion.
4.1.2. To receive from the Customer the information necessary to provide the Services.
4.1.3. To receive timely payment for the Services in the amounts and within the time limits provided by the tariff plan.
4.1.4. To cancel, interrupt, postpone payment for any Services, as well as change their content, schedule, topic and other parameters.
4.1.5. To publish any materials and reviews created by the Customer in the process of receiving the Service, without any restrictions.
4.2. The Provider undertakes:
4.2.1. To provide the Customer with Services in accordance with this Agreement.
4.2.2. To inform the Customer about the rules and requirements for organizing the provision of Services.
4.2.3. To ensure the technical operability of the server equipment.
5. RIGHTS AND OBLIGATIONS OF THE CUSTOMER
5.1. The Customer has the right to receive remote (logical) access to the Provider's computing infrastructure (proxy servers) exclusively via the internet, according to the selected tariff plan. Physical access by the Customer to the Provider's server equipment and the places of its technological placement is not provided and is strictly prohibited for security reasons and to ensure the confidentiality of other users' data in accordance with Section 13 of this Agreement.
5.2. The Customer undertakes:
5.2.1. To provide truthful information during registration and pay on time.
5.2.2. To use the Services exclusively for lawful purposes, and acknowledges the absolute prohibition on using the Provider's infrastructure for actions indicating unauthorized interference in system operation, distribution of malicious software, spam, bypassing NSDC blocks, creating bot farms, or conducting IPSO.
5.2.3. Where there are reasonable legal grounds, the Provider will act in accordance with applicable law to stop unlawful activity.
5.2.4. The Customer undertakes not to use the access provided on a commercial basis to provide telecommunications services to third parties (clause 5 of part 1 of Article 108 of the Law "On Electronic Communications").
5.2.5. Not to violate the intellectual property rights of the Provider and third parties.
6. COST OF SERVICES AND PAYMENT PROCEDURE
6.1. The cost of the Service is determined according to the tariff plan posted on the Provider's official website https://mproxy.top/.
6.2. Services are paid for by the Customer on 100% prepayment terms.
7. LIABILITY OF THE PARTIES
7.1. The Services are provided by the Provider without any warranties. The Customer uses them at their own risk, for which the Provider bears no responsibility whatsoever.
7.2. The Provider performs only technical routing and has no technical ability to examine the content of data transmitted by the Customer through end-to-end encryption (HTTPS/TLS).
7.3. The Provider does not falsify network identifiers in packet headers (IP spoofing). The connection is established as a transparent TCP tunnel without interference in the TLS handshake process.
7.4. All civil, administrative and criminal liability for the content and nature of the transmitted data lies solely with the Customer.
8. FORCE MAJEURE
8.1. The Parties are released from liability for failure to perform obligations in the event of force majeure circumstances (military actions, natural disaster, acts of authorities, etc.).
9. TERMINATION OF AGREEMENT
9.1. The Agreement terminates by mutual consent of the Parties, upon expiration of the subscription term, or in the event of the Customer's breach of this Agreement.
10. PROCESSING OF PERSONAL DATA
10.1. The Customer consents to the processing of their personal data for the performance of this Agreement in accordance with the legislation of Ukraine.
11. TERM OF THE OFFER AND PROCEDURE FOR MAKING CHANGES
11.1. This Offer enters into force from the moment it is posted on the Provider's Website and remains valid until withdrawn.
11.2. The Provider has the right at any time to make changes to the terms of the Offer. The changes take effect from the moment the amended text of the Offer is posted on the Provider's official website.
12. SUSPENSION OF SERVICES AND INTERNAL INVESTIGATION
12.1. If the balance becomes lower than the subscription fee, the Service is automatically suspended.
12.2. The Provider has the right to immediately suspend the Service to the Customer in the following cases:
- violation of the rules of network use;
- commission of crimes in the field of computer systems;
- network attacks or attempts to damage the Provider's equipment.
12.3. For the purpose of determining the degree of the Customer's involvement in possible incidents, the Provider has the right to conduct an internal investigation.
The decision to resume the Service is made only after such investigation is completed.
In case the Customer ignores the Provider's requests, refuses to cooperate in clarifying the circumstances of the incident, or fails to provide reasoned explanations, the Provider reserves the right to immediately terminate the provision of Services unilaterally and terminate this Agreement without refund.
13. CONFIDENTIALITY, SECURITY AND MONITORING
13.1. The Provider does not monitor the activities of Customers, except in cases provided for by the legislation of Ukraine on the basis of the relevant court decision.
13.2. At the routing level, the Provider applies automatic hardware blocking of access to state information resources (.gov.ua), online banking systems, and critical infrastructure objects.
13.3. In the event of an official request from law enforcement authorities or a duly certified court decision (court order) regarding the use of a specific IP address on suspicion of unlawful actions, the Provider reserves the right to immediately suspend (block) access of the relevant Customer to the Services.
Such suspension is a temporary preventive measure and does not imply an admission of guilt by the Customer, and is accompanied by an internal investigation procedure under Section 12 of this Agreement to ensure the presumption of innocence and protect the interests of the Parties.
14. INTELLECTUAL PROPERTY
14.1. The Provider grants the Customer a non-exclusive license to use the software for the term of the agreement.
14.2. The Provider has no rights, except for its own registered trademark under certificate No. 360894, to the trademarks "KYIVSTAR", "VODAFONE" and "LIFECELL" or any other trademarks.
Their use on the site is lawful notification of compatibility under Article 16 of the Law of Ukraine "On Protection of Rights to Marks for Goods and Services".
15. REQUISITES OF THE PROVIDER LLC "Mproxy"
Code EDRPOU: 44812659
Address: 82 Kyrylivska St., office 9, Kyiv, 03035
Recipient bank: JSC "Universal Bank",
Account: UA983220010000026000930000669
MFO: 322001
tel.: +38063 964 98 28
