Terms of Service

Updated March 29, 2021

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://proxy.webshare.io and https://www.webshare.io website (collectively and together with all related services and activities, the "Service") operated by Webshare Software, Company (“Webshare”, "us", "we", or "our").

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms.  These Terms apply to all visitors, users and others who wish to access or use the Service.  We will refer to users of the Service as “users”, “you”, “your” and similar terms.  If you are accessing and/or using the Service on behalf of an entity, the foregoing terms apply to the entity, you and the entity represent and warrant that you have full authority to accept and enter into these Terms and Conditions, and your acceptance of these Terms and Conditions is binding on the entity.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Subscriptions

Some parts of the Service are billed on a subscription basis ("Subscription(s)").  Fees and additional conditions will be reflected at the time you subscribe to the Service; all such conditions are incorporated as part of these Terms and Conditions).  You will be billed in advance on a recurring and periodic basis ("Billing Cycle"). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.

At the end of each Billing Cycle, your Subscription will automatically renew under the same conditions unless you cancel it or Webshare cancels your Subscription or suspends or terminates your account. You may cancel your Subscription renewal either through your online account management page or by contacting the Webshare customer support team at contact@webshare.io.

A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You promise to provide Webshare with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize Webshare to charge all Subscription fees incurred through your account to any such payment instruments.

Should automatic billing fail to occur for any reason, Webshare will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.  We reserve the right to suspend any account while payment is outstanding, or to terminate any account for repeated payment issues or for any payment issues constituting Prohibited Behavior (as described below).

Fee Changes

Webshare, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.

Webshare will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount and your continued acceptance of these Terms and Conditions.

Refunds

Webshare offers free refunds on any Subscriptions that are cancelled within 2 days of the original payment transaction, subject to the following conditions:

  • The active subscription bandwidth usage must be below 1GBs
  • The number of proxies used in the subscription must be below 1,000

You can access to the bandwidth usage and number of proxies used from the Webshare dashboard at https://proxy.webshare.io/dashboard/, and Webshare will determine, in its sole discretion based on such information, whether the conditions for a refund are met.  

Webshare may, in its sole discretion, decline to issue multiple refunds to the same customer within the same calendar month, or for other conduct designed to circumvent the intent of this policy.

Except as set forth above, all purchases made in connection with the Service are non-refundable, although we will consider potential exceptions to this policy as appropriate on a case-by-case basis, as determined in our sole discretion. 

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times, and that you have all legal permissions and authority necessary to provide us with such information and to enter into these terms on behalf of the applicable individual or entity. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to contact@webshare.io, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
  • a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  • identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

You can contact our Copyright Agent via email at abuse@webshare.io

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Webshare Software, Company and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Webshare.

Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Services ("Feedback") provided by you to Webshare are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.  You hereby waive all moral rights to any such Feedback, and you hereby warrant that any such Feedback are original with you or that you have the right to submit such Feedback. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.

Privacy Policy

Your use of the Service is subject to Webshare’s Privacy Policy (https://www.webshare.io/privacy-policy), which is incorporated by reference and made a part of these Terms.  Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Service. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Webshare.

Webshare has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Webshare shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Prohibited Behavior

Engaging in any ”Prohibited Behavior” while using any component of the Service, including any Webshare Proxy, may result in suspension of your account. Prohibited Behavior includes the following:

  • Spam (including spam in websites such as forums, comment sections, etc.)
  • Accessing a computer or website without authorization, or in excess of authorization.
  • Port or vulnerability scanning and password brute-forcing.
  • Distribution of malware, adware and spyware of any kind.
  • Violation of applicable law  in connection with your use of the Service.
  • Creating an account to use the Service after Webshare has terminated, or while it has suspended, another account of yours (including by using an affiliated person or entity in an attempt to circumvent our prior suspension or termination of your account).
  • Any other conduct intended to, or having the effect of, impeding the operation of our Service or using the Service for any improper purpose

The foregoing list is not exhaustive and Webshare reserves the right, in its sole discretion, to suspend or terminate your account for any misuse of our Service or other misconduct by you in connection with these Terms and Conditions.

Suspension / Termination of Accounts

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

Without limiting the foregoing, Webshare may suspend or terminate your account for any of the following reasons:

  • The use of any fraudulent or inaccurate payment method in connection with your use of, or payment for, the Service
  • Engaging in any of the Prohibited Behavior described above.

If Webshare suspends your account, you may provide us with any circumstances you believe are relevant to the suspension by contacting us at contact@webshare.io.  All determinations with respect to any suspension or termination or any account will be made by Webshare in our sole discretion.

Suspended or terminated accounts are generally not eligible for any refund, although Webshare may provide exceptions to this policy in individual cases where warranted in its sole discretion.

If an account is suspended and subsequently reinstated by Webshare, the term of the Subscription then in effect will be extended for the length of the suspension.

If you wish to terminate your account, you may simply discontinue using the Service.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless Webshare Software, Company and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

IN NO EVENT SHALL WEBSHARE, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (1) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE-MONTH (12-MONTH) PERIOD IMMEDIATELY PRIOR TO THE APPLICABLE CAUSE OF ACTION ARISING OR (2) $100.

Disclaimer Of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

WEBSHARE SOFTWARE, COMPANY AND ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.