TERMS AND CONDITIONS

1 Grant of license

1.1 SecureLink grants to the Customer a non-exclusive, non-transferable, revocable limited right to use the SecureLink Services to allow End Users/Customer to access and use the SecureLink Services. End Users may only use the SecureLink Services for its intended purpose as set out in the Service Description. Neither the Customer nor any End Users shall permit any other than End Users to access and use the SecureLink Services.

1.2 The Customer shall take all reasonable precautions necessary to: (i) prevent access to the SecureLink Services by any individual who is not an End User; and (ii) prevent any distribution or redistribution of the SecureLink Services in breach of this Agreement of which the Customer is aware of. Except as expressly permitted herein or by law, the Customer shall not modify, reverse engineer, disassemble, or decompile the SecureLink Services or any software contained therein.

1.3 There are no implied licenses granted under this Agreement and all rights, save for those expressly granted to the Customer hereunder, are expressly excluded and shall remain with and belong to SecureLink.

2 SecureLink Rights and obligations

2.1 SecureLink will allocate sufficient and necessary competence in order to perform its obligations under this Agreement. SecureLink will provide SecureLink Services with due care and skill, by using personnel possessing the appropriate training and experience to perform the necessary activities in a professional manner and in accordance with this Agreement, taking into consideration security, confidentiality, and compliance with applicable rules.

2.2 SecureLink will offer the support, maintenance and service.

2.3 SecureLink offers a ready-made proxy connection in the form of http(socks5)://username:password@ip:port.However, the Customer is solely responsible for the establishment of an uninterrupted connection via such proxy connection.

2.4 SecureLink will maintain adequate and continuous functioning of the assigned to the Customer proxy connection.

3 The customer’s rights and obligations

3.1 The Customer shall use SecureLink Services only in line with the applicable laws and regulations. Any violation of the applicable Estonian/EU laws and regulations regarding the use of digital services, communication networks and content creation is prohibited and in breach of this Agreement.

3.2 The Customer's Affiliates shall also be entitled to access and use the SecureLink Services. However, all call-offs for SecureLink Services for the Affiliates shall be made by the Customer and any disputes shall be settled by and between the Customer and SecureLink as provided in this Agreement. The Customer shall be responsible and liable for any Affiliate's fulfilment of its obligations in relation to the SecureLink Services under the Agreement.

3.3 The Customer may order additional SecureLink Services, or request changes to the SecureLink Services, as made available by SecureLink at SecureLink 's discretion. If such additional services or changes are mutually agreed upon by the Parties, the terms and conditions of this Agreement shall apply.

3.4 The End User's right to use the SecureLink Services is derived from the Customer's right to use the SecureLink Services. Therefore, the terms and conditions agreed between the Customer and the End Users with respect to the use of the SecureLink Services must be equally protective for SecureLink as the terms and conditions in this Agreement. The Customer will be liable for any damages arising out of the Customer's culpable breach of this obligation.

3.5 SecureLink shall, upon reasonable request from the Customer, subject to applicable laws and regulations, provide reasonable assistance to Customer in connection with legal proceedings, if deemed necessary by Customer for evidentiary purposes. SecureLink will provide such assistance within the time frames reasonably required to not put at risk any legal proceedings. The Customer will consult with SecureLink to the extent reasonable to facilitate SecureLink’s provision of such assistance in a cost-efficient manner for both Parties.

3.6 The Customer shall stay duly informed on a regular basis of the information on SecureLink 's support web on https://proxyshard.com.

Fees, payment and refunds

4.1 All fees under this Agreement shall be paid in advance for each month of use of SecureLink Services unless specified otherwise in the Agreement.

4.2 All fees under this Agreement are exclusive of customs, taxes, duties or excises in any form, all of which shall be borne by the Customer.

4.3 The fees will not change during the first three months after the Effective Date of the Agreement. Prices may thereafter be changed with one month notice. Thereafter, the fees may be changed at the discretion of SecureLink.

4.4 Payments that are more than thirty (30) days overdue will be subject to the amount determined by applicable law pertaining to overdue payments, on the overdue balance. In the event that any payments are more than one (1) month overdue, SecureLink may, at SecureLink 's discretion, without prejudice to any other rights and remedies, suspend access to all or part of the SecureLink Services until the invoices in question have been paid.

4.5 All payments under this Agreement are conducted on the bank account provided by SecureLink or via online payment solutions authorized by SecureLink. All payments are conducted in USD.

4.6 The Customer is entitled to a refund in the following cases:

4.6.1 Premature termination of the Agreement as specified in 9.2 and 9.3 below. The refund amount will be proportionate to the amount of the remaining unused time of access (remaining time paid) after SecureLink obtains a request for suspension of SecureLink Services;

4.6.2 Non-compliance of ServiceLink Services with our obligations under the Service Level Agreement. The refund amount and payment are subject to individual and transparent case review by SecureLink and in line with the Service Level Agreement;

4.6.3 In other cases prescribed by the applicable laws and regulations.

4.7 The refund is conducted either via a bank transfer or a return organised via payment solutions used to pay the fees. The chargeback arranged by the Customer via a request to the Customer's bank must be priorly solicited with SecureLink. All unsolicited chargebacks are subject to investigation by SecureLink and possible suspension of SecureLink Services without prior notice.

5 Security and compliance

5.1 Both Parties shall perform their services and obligations under this Agreement in compliance with all applicable laws and regulations.

5.2 In particular, both parties shall adhere to all applicable privacy laws and regulations pertaining to SecureLink Services, including Regulation (EU) 2016/679 (the "GDPR").

5.3 The performance of SecureLink under this Agreement may be subject to monitoring, inspection and assessment by the responsible Estonian regulatory/enforcement authority. The SecureLink will fulfil such lawful request and notify the Customer if its rights under this Agreement were affected, where allowed.

6 Confidential Information

6.1 "Confidential Information" means the specific terms of this Agreement, and any information disclosed by either Party to the other Party, either directly or indirectly, in writing or in any other manner, relating to each Party's business and/or customers, including without limitation confidential information about the SecureLink Services. Confidential Information shall not include information (i) already in the possession of the receiving Party without an obligation of confidentiality; (ii) hereafter rightfully furnished to the receiving Party by a third party without a breach of any separate nondisclosure obligation; or (iii) publicly available without breach of this Agreement (i.e. information in the public domain).

6.2 Neither Party shall use, or disclose to any person, either during the term or after the termination of this Agreement, any Confidential Information except in accordance with the other Party´s prior written consent or as required by law.

7 Intellectual Property Rights

7.1 All Intellectual Property Rights belonging to each Party as of the date of this Agreement, and all rights, title and interest to existing technology, products and works of each Party and all accompanying and associated materials as of the date of this Agreement, shall remain exclusively with such Party or such Party's licensors.

7.2 All rights, title and interest to any software, products, technology and/or information in any service, documentation or material provided or developed by SecureLink from time to time under this Agreement, shall remain exclusively with SecureLink.

8 limitation of liability

8.1 Each Party's liability for damages caused by slight negligence, irrespective of its legal ground, shall be limited as follows:

(i) each Party shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;

(ii) neither Party shall be liable due to a slightly negligent breach of any other duty of care applicable.

8.2 The aforesaid limitations of liability shall not apply to any mandatory statutory liability and liability for culpably caused injuries of life, body or health. In addition, such limitations of liability shall not apply if and to the extent a Party has assumed a specific guarantee.

8.3 Each Party shall be obliged to take adequate measures to avert and reduce damage.

9 Term and Termination

9.1 This Agreement shall commence on the Effective Date and continue for an Initial Term of one month. Thereafter the Agreement shall continue for successive periods equal to the Initial Term ("Additional Term(s)") unless terminated earlier in accordance with this Agreement.

9.2 This Agreement may be terminated by either Party at any time if the other Party is in material breach of any term or condition of this Agreement and such breach continues unremedied for a period of three (3) days after the Party in breach has been notified of such breach by the other Party by means of a written notice. The terminating Party shall be entitled to set the day upon which the Agreement terminates,

9.3 The Parties are entitled to terminate this Agreement jointly at any time.

9.4 Upon expiration or termination of this Agreement:

(i) The Customer shall immediately cease its use of the SecureLink Services, and all licenses to Customer and End Users granted under this Agreement shall expire; and

(ii) Each Party will return to the other Party or destroy (if so authorized in writing by the other Party) all Confidential Information concerning the other Party in the respective Party's possession or control, provided SecureLink reserves the right to charge Customer on a time and material basis for the return of Confidential Information and other information, if such return is requested.

10 Miscellaneous

10.1 SecureLink and Customer are strictly independent entities and shall so represent themselves to all third parties.

10.2 This Agreement shall not be altered, modified or amended except in writing executed by both Parties. No waiver of any provision of this Agreement shall constitute a waiver of any other provision(s) or of the same provision on another occasion.

10.3 Neither Party may assign this Agreement without the prior written consent of the other Party, which consent shall not be unreasonably withheld.

10.4 Neither Party shall be responsible for failure of performance due to causes beyond its control, including, but not limited to labour disputes and actions of any government agency, and other force majeure events defined by applicable law.

10.5 The notices or other communications shall be effective upon receipt and shall be deemed to be received by a Party: (i) upon verification of receipt via e-mail, or; (ii) if sent by registered letter, unless actually received earlier, on the third business day after posting.

10.6 SecureLink 's rights to be paid and Customer's obligations to pay SecureLink all amounts due hereunder shall survive termination of this Agreement.

10.7 This Agreement shall be governed by and construed in accordance with Estonian law under the exclusion of private international law. Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be settled by the courts of Estonia.

10.8 If any provision of this Agreement is declared invalid by any court or tribunal, the remaining provisions of this Agreement shall remain in effect.

10.9 This Agreement has been duly executed by both Parties by way of electronic signature or by consenting to this Agreement on the SecureLink website:https://proxyshard.com.

11 KEY DEFINITIONS

Affiliate - Any entity within the Customer's company group, consisting of one or more parent companies together with one or more subsidiaries. A company is a parent company if it, owing to an agreement or as an owner of shares, has determinative influence over another company either alone or jointly with another entity.

Customer - individual or legal entity procuring SecureLink Services. An individual procuring SecureLink Services is an End User.

End Users - A user of SecureLink Services.

Intellectual Property Rights -Any copyrights, adaptation rights, publishing rights, reproduction rights, rights to communicate to the public, public performances, synchronization rights, rights to be named as creator of the work(s), artist names, patents, utility models, design patents, designs, trademarks, trade names, service marks, brands slogans, commercial symbols, logos, other designations, inventions, trade secrets, know-how and/or any other industrial and/or intellectual property rights, and applications thereof.

Parties - SecureLink and Customer jointly.

SecureLink - SecureLink Networks OÜ, a company organized under Estonian law, incorporated under the company number 16990938

This Agreement is valid and binding as of the date of the last electronic signature and/or subscription via consent to SecureLink Services on the SecureLink website – https://proxyshard.com (the "Effective Date").

APPENDIX 1 – SERVICE DESCRIPTION

Proxy address

SecureLink creates, maintains and provides access to the designated Proxy. The End User/Customer is provided with a Proxy to be used as gate access for the End User to enter the Internet network.

The Proxy consists of : http(socks5)://username:password@ip:port

The End User using SecureLink Proxies can act on the Internet without identification of the End User and his/her device used to enter the Internet network. The SecureLink Proxies are designed specifically to anonymize/depersonalize the End User. However, the End User/Customer and SecureLink each separately must ensure that the End User’s personal data and the identification of his/her device (e.g., End User’s device IP address) are not disclosed in the course of using SecureLink Services or otherwise allowing to identify the End User as SecureLink Proxy End User.

Tracking your data and public security

The SecureLink does not track your activity when using SecureLink Services.

However, SecureLink may be responsible under applicable legislation for the lawful use of SecureLink Services and therefore applies reasonable security measures to avoid potential violations of applicable regulations when using SecureLink Services, such as applying access limitations to listed websites under Estonian and EU laws: link to list.

SecureLink updates the list of blocked websites from time to time. The actual list can be requested via the SecureLink support line on the website.

SecureLink also reserves the right to terminate your access to SecureLink Services if become aware of a violation of the Estonian/EU law while using SecureLink Services (e.g., notification by responsible regulatory or enforcement authority).

SecureLink is legally responsible for cooperating with enforcement authorities of Estonia in case of lawful request/order. Any such lawful request will be fulfilled by SecureLink.

Your content and public security

SecureLink does not have access to the content you may/may not place on the Internet.

However, SecureLink may be responsible for managing lawful complaints from the Estonian/EU regulatory authority regarding illegal content. Such a situation is possible if the End User/Customer has identified him/herself while using SecureLink Services or in the event of other disclosures. The SecureLink cannot delete, amend or change the content that the End User might place on the Internet. However, SecureLink may be required to terminate SecureLink Services at the lawful request of authorities.