Terms of Service
The terms of service (“Terms”) herein constitute a contractual agreement between you and Rotating IP, as well as govern your use of and access to the service and site (jointly the “Services”).
This agreement becomes effective immediately you click on the "I Accept" button or whenever you access or use the Services (the "Effective Date"). By accepting the Terms herein, or by accessing or using the Services, you accept to be in compliance with the Terms here.
Service Description
Rotating IP offers a service enabling the browsing of the internet anonymously by redirecting users’ communication through other users' devices. This service is available to be used for commercial purpose in pursuant to this agreement.
These Terms offer you a limited right to access and use a Service according to the Service Plan, under which you have subscribed.
License & Ownership of Services
The Services are not sold, but licensed. Rotating IP retains all rights not expressly conferred in these Terms. You expressly agree that Rotating IP retains all global right, interest and title regarding the Services and Service Data, including with no limitation to all rights in copyrights, patents, trademarks, trade names, know-how, trade secrets, data (including all related applications), and all proprietary rights in accordance with the laws of any jurisdiction. You agree that you would do nothing contrary to such ownership, including with no limitation to, challenging the legality of the licenses stated herein.
Rotating IP owns all rights, title, and intellectual property within the Services. No aspect of the Services confers any copyright or consent to you for any external use of the data derived through the Services. All data available on the Services are “as-is”, and Rotating IP disclaims all forms of warranties to the content, links, data, and information present in the Services, including any warranties of merchantability, non-infringement, particularly non-infringement of copyright or other intellectual property rights, and fitness for a specific purpose. Rotating IP offers you a non-exclusive, revocable, limited, non-assignable, and non-transferable license to access the Services according to Your Service Plan and to make use of the data contained in the Services for the purpose of gathering intelligence.
Grant of License
Within the period of this Agreement, Rotating IP offers you or/and your Agent a limited license (without any right to sublicense) to access as well as use its Site and/or Service only for the main purpose of your internal business operations.
By using the Services, you permit Rotating IP to use your company’s name and/or logo on our site and other marketing materials that may identify you as one of our customers. No affiliation or endorsement is inferred, and your copyrights and trademarks remain your property. Rotating IP retains all rights not expressly conferred in this agreement, including, with no limitation to, all rights to the Services.
User Responsibilities
You agree that your usage of the Services, and any underlying applications, tools, technologies, and products made available regularly through the Services are used solely in line with data extraction from publicly accessible websites. In any case where copyrighted and or confidential data may be cover a part or all of the extracted data, you accept that you have to comply with all copyright laws and regulations covering such data including, but with no limitation to, the resale and reproduction of such data. In any case where personal data, as described by the GDPR, may be involved in any extracted data, you must comply with GDPR in all regards.
You accept that Rotating IP will not in any way be held responsible for any legal liability sustained during or via your use or misuse of data derived through the Services. You are completely responsible for any activity that takes place under your account(s) and shall abide by all relevant local, state, and international laws, regulations and treaties as regards your use of the Services, including anyone relating to data privacy, international communications, and the transmission of technical or personal data. You shall: (i) send a notification to Rotating IP immediately to report any unauthorized use of your password or account, as well as any other known or suspected security breach; (ii) send a report immediately to Rotating IP and take all relevant steps to stop any copying or distribution of the Service Data or any other content as well as the infringement of Rotating IP technology known or suspected by You or Your Agents; and (iii) not impersonate any Rotating IP user or send false identity information to access or use the Services.
It is solely your responsibility to get and manage the network connections linking your network to the Services. We are not responsible for sending You or Your Agents any notification on any upgrades, improvements or fixes to any software or for any compromise of data, including Service Data, transmitted across computer networks or telecommunications facilities (including with no limitation to the Internet) which are not owned, operated or managed by Rotating IP. We accept no kind of responsibility for the reliability or performance of any connections as described here.
Legal Use
You are completely responsible for the confirmation of the validity or legality of the manner in which you use the Services. Rotating IP will not knowingly build or host any data extraction or work with any data import agent that is apparently illegal. You represent that your use of the Services will be legal and ethical, and that you have gotten consent, if required to use it on the targeted data source. Rotating IP retains the right to refuse service to any individual who wishes to use the Services in any illegal way.
Rotating IP may at any time suspend your use of the Services if we have been contacted by your targeted data extraction source, site, or depository and asked to end any extraction. If any third party initiates an action as a result of any complaint, disagreement, suit or other repercussions arising out of your use of the Services, you agree to indemnify and consider Rotating IP and its parent(s), affiliates, agents, officers, subsidiaries, directors, employees, and contractors, harmless and blameless from any demand, claim or cost, including any attorneys’ fees’
Service Restrictions
You agree not to:
• use the Services in any manner impeding or unsettling the integrity or functioning of the Services and its components;
• rent, sublicense, license, lease, sell, resell, assign, transfer, time share or otherwise commercially exploit or make the Services available to any third party, unless authorized Agents to carry out your internal business purposes as clearly permitted by the Terms herein;
• utilize the Services on behalf of any third party in the processing data, unless the third party is also subject to the Terms herein;
• adapt, alter or hack any part of the Services or otherwise attempt to gain unauthorized access into the Services or related systems or networks;
• infer falsely any association or sponsorship with Rotating IP;
• use the Services unlawfully, such as to violate any person’s privacy rights;
• use the Services to store or transfer data, files, text, video, materials, images, audio or other content breaching any intellectual property rights;
• try to decompile, decrypt, reverse engineer or otherwise ascertain the source code of any Software on which the Services are based;
• use the Services knowingly to post, upload, transmit, link to, store or send any content that is abusive, unlawful, libellous, hateful, obscene, or discriminatory;
• use the Services knowingly to upload, post, send, transmit, link to, send or store any viruses, Trojan horses, malware, time bombs, or any other related harmful software (jointly “Malicious Software”); or
• use the Services in any way that violates the Terms herein or any applicable law.
Additionally, Rotating IP firmly prohibits the use of any of the products or services to:
• cause deceitful impressions of or deceitful clicks on your ad(s) or third-party ad(s) through the use of any automated, fraudulent, deceptive or other illegal means, including through repeated manual clicks, using robots, agents or other automated probing tools and/or computer engendered search requests, and/or the unauthorized usage of other SEO services and/or software;
• extract any data illegal in any region, state or country where you live;
• participate in any fraudulent or unlawful business activity under the laws and regulations of any state or country where you reside;
• extract data from gambling or casino-linked sites, hate-linked sites, violence-promoting sites, ticket-resales sites, or drug-linked sites
• violate the Terms of any sites;
• participate in any activity reflecting poorly on Rotating IP or otherwise devalues or disparages Rotating IP’s goodwill or reputation; and
• publish copyrighted content violating relevant laws and regulations.
Violating the Terms here may result into immediate termination of your usage of the Services without any form of notice, and may make you subject to state and federal penalties as well as other legal consequences.
Third Party Sites
The Services may include links to other websites, which belong to and are operated by third parties. We have no form of control over such linked sites, which have separate privacy and data collection practices independent of Rotating IP. We are not, will not be considered, responsible for and don’t endorse for the availability, services, products, contents, or usage of any third party site, any site accessed from a third party site or any updates or modifications to the sites. You agree to take on any risk as regards your access to and use of content offered on a third party site. Also, you acknowledge and accept that Rotating IP is not responsible for any loss or damage you may sustain from accessing or using such a third party sites.
Intellectual Property Rights
Each of the Parties shall maintain any right, title, and interest in and to all respective copyrights, patents, inventions, domain names, trademarks, know-how, trade secrets, and any other intellectual property and/or proprietary rights (jointly, “Intellectual Property Rights”). The rights conferred to you and your Agents to use the Service in pursuant to the Terms herein don’t express any additional rights in the Services, or in any Intellectual Property Rights. Subject to limited rights to access and use the Service as expressly stated here, all rights, title, as well as interest in and to the Services and all software, hardware and other components of or used to offer the Services, including all associated Intellectual Property Rights, belong exclusively to the Rotating IP. Rotating IP shall have a fully paid-up, global, royalty-free, transferable, sublicensable, and irrevocable license to execute, use, adapt, adjust, commercially exploit, modify and/or add to the Services or otherwise use any enhancement requests, recommendations, suggestions or other feedback we get from you, your Agents, or other third parties acting on your behalf.
Payments and Charges
After the free trial period, you provide a valid payment method in order to further use or access to the Services, at the consideration mentioned on the your dashboard. Prices exclude any withholding or other taxes, and each customer shall be responsible to pay all applicable taxes, duties, or levies. The Subscription Plan selected determines the prices, features, and options of the Rotating IP Services to you. We offer no warranty that a specific Subscription Plan will be available indefinitely, as well as retain the right to modify the prices for or the features and options in a specific Subscription Plan with no prior notice to you.
Except otherwise specified on a Form incorporating these Terms, all charges as regards your access to and use of the Services (“Service Charges”) will be billed to you beforehand on a one-off basis, or monthly, quarterly, or annually, based on your Subscription Plan, or regarding any additional Services included into your Account, at the time such additional Services are purchased, subscribed to, or otherwise used. Some Subscription Plans might require monthly overage fees for usage beyond the limitations of the plan, and any overage fees shall become charged to your account at the start of the payment period succeeding the period in which the overages happened. Your Service Charges or any charges for other services specified on any Form incorporating the Terms herein are payable within 21 days of getting our invoice or notice, and for Accounts immediately you get the invoice. If any invoice is unpaid 21 days after receipt, interest shall accumulate on the unpaid amount at a certain rate per month until the invoice is completely paid, and Rotating IP may suspend or terminate your or your agent’s access to and use of the Services.
The Service Charges within the invoice will be deemed accepted by you unless Rotating IP is notified in writing of a good faith dispute within 10 days of the date of the invoice. If you want and decide to upgrade your Service Plan during your Subscription Period (a “Subscription Upgrade”), any incremental Service Charges regarding such Subscription Upgrade will be prorated over the remaining period of your then current Subscription Period, charged to your Account as well as due and payable upon execution of such Subscription Upgrade. In any future Subscription Period, your Service Charges will show any such Subscription Upgrades.
Except otherwise specifically stated, our charges exclude any taxes, duties, levies or associated governmental assessments, including with no limitation to value-added, sales, use or withholding taxes assessable by any provincial, local, state, or international jurisdiction (jointly “Taxes”). You're completely responsible for paying all Taxes unless those assessable against Rotating IP based on our income. We send you an invoice for such Taxes if we believe we have a legal obligation in that regard, and you agree to pay such Taxes if eventually invoiced.
Term, Termination and Suspension
Your Subscription Term begins on the effective date stated in your Subscription Plan or Form and continues for the initial subscription period stated therein.
Except otherwise stated in a Form, any of the Parties may choose to terminate your Account and subscription to the Services as of the end of your then current Subscription Term by providing a notice, in line with the Terms herein, on or before 30 days prior to the end of such Subscription Term. For users, unless your Account and subscription to the Services is terminated, your subscription to the Services (including any additional services) will become renewed for a Subscription Term same in length to the then expiring Subscription Term. Either of the Parties may terminate your Services owing to the other Party’s material breach of the Agreement, if such breach remains unsettled for more than 30 days after getting a written notice of the breach.
After the cancellation or termination of your subscription to the Services and/or Account, Rotating IP retains the right to delete all Service Data in the normal course of operation. Service Data cannot be reinstated immediately your Account is cancelled or terminated. If you decide to terminate your Service subscription before the end of your then effective Subscription Term, or we effect such cancellation or termination, alongside other amounts you may be owing or have owed Rotating IP, you must immediately pay any unpaid Service Charges regarding the remainder of such Subscription Term. Rotating IP retains the right to suspend, modify or terminate any part or all the Services, your Account, or your and/or your Agents’ rights to access and use the Services, and remove, deactivated and discard any Service Data if we have a strong belief that you or your Agents have violated the Terms here. Except legally limited from doing so, Rotating IP will employ all commercially plausible efforts to contact you directly through email to notify you when executing any of the foregoing actions. Rotating IP shall not in any way be liable to you, your Agents, or any other third party for any such suspension, modification, or discontinuation of your rights to access and use the Services. Any suspected abusive, fraudulent, or illegal activity by you or your Agents may be reported to a law enforcement agency based on our sole discretion.
Rotating IP retains the right, based on our sole discretion, to suspend Your access to and use of a Service: (a) if there is planned downtime for upgrades and maintenance to the Services (of which we will use commercially plausible efforts to notify you beforehand both via our Site as well as a notice to your Account owner and Agents) (“Planned Downtime”); (b) if there is any unavailability resulting from circumstances beyond our control, like acts of God, acts of government, civil unrest or acts of terror, technical failures including inability to access the Internet, or acts by third parties, including distributed denial of service attacks; (c) if we notice or suspect any Malicious Software that is linked to your Account or the misuse of the Services by you or your Agents; or (d) if you are in violation of these Terms or fail to make the relevant payments for the Services.
Suspension
We reserve the right, based on sole discretion, to suspend Your access to and use of a Service: (a) in the event of planned downtime for upgrades and maintenance to the Service (of which we'll use commercially plausible efforts to notify You in advance both via our Site and a notice to your Account owner and Agents) (“Planned Downtime”); (b) in the event of any unavailability caused by circumstances beyond our control, such as acts of God, acts of government, acts of terror or civil unrest, technical failures beyond our control (including, with no limitation to, inability to access the Internet), or acts by third parties, including with no limitation to, distributed denial of service attacks; (c) if we suspect or detect any Malicious Software linked to Your Account or misuse of the Service by You or your Agents; or (d) if you violate these Terms or fail to make the necessary payments for Your Service.
Consideration
Following the free trial period, You will enter a valid payment method as a condition for further use or access to the Service, at the consideration stated in the your dashboard.
Prices are net of any withholding or other taxes and the customer shall be responsible for payment of all such applicable taxes, levies, or duties.
Ownership
Unless otherwise provided in a Form, Rotating IP shall own all rights, title, and interest in any code or other data generated through the Services. Rotating IP may use Service Data, code, Content, and all other data from the Services for product development and product training purposes.
Permissions
By using Rotating IP Services, you permit us to use your company’s name and/or logo on our website and other marketing materials identifying you as one of our customers. No endorsement or affiliation is implied, and your trademarks and copyrights remain your property.
Third Party Personal Data Processing
Rotating IP utilizes Fraud Detection and Prevention Services by Fraudgrade. All data is screened for previous fraudulent activity, including but not limited to, Email Address Validation, Phone Number Validation, IP Address Validation and Domain Validation. In the case of a confirmed fraudulent incident, your email address, phone number, ip address, and/or domain may be reported to FraudGrade with evidence. You agree that Rotating IP may engage FraudGrade as a Sub-Processor to process Personal Data.
Disclosure of Information
Rotating IP shall have the right, but not the obligation, to monitor your use of the System for billing purposes and to verify no misuse or network abuse. Rotating IP may share your relevant information with any authority in case of a complaint or a lawsuit, if Rotating IP determines that it is necessary to comply with law, regulation, subpoena or court order.
Term and Termination
Either Party may terminate your Services due to the other Party’s material breach of the Agreement, if the breach remains unresolved for more than thirty (30) days after receipt of written notice of such breach.
Following the termination or cancellation of your access to the Service and/or Account, we hold the right to delete all Service Data in the normal course of operation. Service Data cannot be restored once Your Account is cancelled.
We retain the right to alter, suspend or terminate the Service (or any part thereof), Your Account, or Your and/or Agents’ rights to access and use the Services, and remove, disable and discard any Service Data if We believe that You or Your Agents have breached these Terms. Unless legally restricted from doing so, we'll use commercially plausible efforts to contact you directly via email to notify you when taking any of the preceding actions. We shall not be liable to You, Your Agents, or any other third party for any such modification, suspension, or discontinuation of your rights to access and use the Service. Any suspected fraudulent, abusive, or illegal activity by you or Your Agents may be referred to law enforcement authorities at our sole discretion.
Refund
Rotating IP will not issue refunds in any way under any circumstance, all sales are final. You may cancel an auto-renew option if previously selected, directly on the Purchase page of the control panel to halt automated renew billing.
Disclaimer and Warranties
THE SERVICES, INCLUDING ANY SERVER AND NETWORK COMPONENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY TO THE HIGHEST LEVEL ALLOWED BY LAW, AND ROTATING IP EXPRESSLY DISCLAIMS ALL WARRANTIES (INCLUDING WITH NO LIMITATION TO WARRANTIES ON THE CONTENT, LINKS, DATA, AND INFORMATION COLLECTED VIA THE SERVICE), WHETHER IMPLIED OR EXPRESS, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PRECISE PURPOSE, AND NON-INFRINGEMENT. YOU ACCEPT THAT WE DON’T WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, TIMELY, OR FREE FROM VIRUSES OR OTHER MALICIOUS COMPONENTS OR SOFTWARE, AND NO ADVICE OR INFORMATION DERIVED BY YOU FROM US OR VIA OUR SERVICES SHALL CONSTITUTE ANY WARRANTY NOT EXPRESSLY SPECIFIED IN THE TERMS HEREIN.
Indemnification and Limitation of Liability
Rotating IP will indemnify and hold you harmless and blameless, from any claim against you because of your use of the Services as allowed herein, brought by any third party alleging that the Services misappropriate or infringe a third party’s valid copyright, patent, trademark or trade secret (an “IP Claim”). This indemnification is restricted to IP Claims regarding the Services we offer, and does not indemnify you regarding your usage of the Services or application of any information or data derived by you via the Services. Rotating IP shall, at our expense, defend such covered IP Claims and pay necessary damages finally awarded against you in that regards, provided that (a) You immediately notify Rotating IP of any threat or notice of the IP Claim; (b) We’ll have the exclusive control and authority to choose defence attorneys, defend and/or resolve the IP Claim; and (c) You will fully cooperate with Rotating IP regarding this.
You will indemnify and hold Rotating IP (including its agents, affiliates, contractors, directors, employees, officers, subsidiaries, and applicable third parties harmless and blameless against any claim brought by a third party against Rotating IP arising out of or regarding (a) the use of the Services by you or your Agents in violation of the Terms herein, (b) Your internal and external use of the data and information gotten from the Services, (c) Your extraction of any third party data, (d) Your usage of any third-party data gotten via the Services, (e) any wilful misconduct or negligence by you; or (f) subjects which you've explicitly agreed to be responsible regarding the Terms herein.
IN EXCEPTION OF ANY INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS HEREIN, IN NO CIRCUMSTANCE AND UNDER NO LEGAL THEORY (WHETHER IN TORT, CONTRACT, NEGLIGENCE OR OTHERWISE) WILL EITHER OF THE PARTIES TO THE TERMS HEREIN, (INCLUDING THEIR AFFILIATES, AGENTS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, OR SUPPLIERS) BE CONSIDERED LIABLE TO THE OTHER PARTY OR ANY KIND OF THIRD PARTY FOR ANY CONSEQUENTIAL, EXEMPLARY, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR OTHER ASSOCIATED DAMAGES, INCLUDING WITH NO LIMITATION TO LOSS OF PROFITS, DATA, BUSINESS OR SALES; BUSINESS DISRUPTION OR ANY OTHER LOSS SUSTAINED BY SUCH PARTY OR THIRD PARTY REGADING THE TERMS HEREIN OR THE SERVICES, EVEN IF SUCH PARTY IS INFORMED OR AWARE OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH LOSSES OR DAMAGES.
Rotating IP grant you no license, copyright, or consents as regards the information retrieved via the Services, which may be bound by copyright protection by third parties. Rotating IP shall not be held liable in any way for any claims by third parties resulting from your use of the content and/or data retrieved via the Services, nor shall Rotating IP be held liable for any alleged copyright/intellectual property infringement resulting from your external use of the data retrieved through the Services.
Not undermining the foregoing, our aggregate liability to you or any third party arising out of the Terms herein or otherwise in accordance to any subscription to, or use or application of the services, shall not be more than the subscription charges for such service paid by you during the 12 months before the first event or activity leading to such liability.
Certain jurisdictions don't allowed the exclusion of implied warranties or limitation of liability for consequential or incidental damages, which means that some of the above may not be applicable to you. In such jurisdictions, Rotating IP’s liability will be limited to the highest extent allowed by law. In the event that any dispute occurs with a targeted data source (that is, a website or an app) regarding the use (or misuse) of any part of the Services, you release Rotating IP (including its agents, officers, directors, employees, subsidiaries, and joint ventures) from all claims, demands and damages (consequential and actual) of every nature, suspected and unsuspected, known and unknown, undisclosed and disclosed, in any way connected with such disputes.
Any claims or damages that any user may have against Rotating IP shall only become enforceable against Rotating IP, but not against any other entity or its agents, directors, officers or representatives.
Entire Agreement
These Terms, alongside any Form(s), constitute the whole agreement, and supersede all previous agreements between you and Rotating IP as regards the subject matter hereof and the Services. Despite the foregoing, there may be additional terms applicable to certain features, functionality, or services, we provide as a part of or distinct from the Services (the “Additional Terms”). In such a case, we will send you a notificction of such Additional Terms prior to your activation of these features, functionality, or services. If you activate these features, functionality, or services in your Account, this will be deemed as an acceptance of such Additional Terms. Every aspect of such Additional Terms will be considered included into the Terms here whenever you or any of your Agents authorized activate the feature, functionality, or service. Whenever or wherever there is any conflict between the Terms here and the Additional Terms, the Additional Terms will supersede and control.
Rotating retains the right to modify its Services at any time, with or without any notice to you. For instance, we may remove, add, suspend, or stop any feature or functionality. Also, we retain the right to charge a fee for any of our additional features at any time.
Our failure to execute any stipulation of the Terms herein doesn’t constitute a waiver of such stipulation or of any other stipulations of the Terms.
If any stipulation in these Terms is deemed by any relevant court to be unenforceable, such stipulation shall be amended by the court and interpreted as to best achieve the original stipulation to the highest extent permitted by law, and the remaining stipulations of the Terms here shall still be in effect.