This is an agreement between you and Didsoft Ltd. ("Didsoft", "didsoft.com") for proxy services, related services and features ("the Service").
The Agreement that governs your Use of the Service include these Didsoft Terms and Conditions ("T&C's"), any Didsoft Service Agreement you have agreed to, and the specific Rate Plan or Service Plan Information that applies to your account. THESE T&C'S SUPERSEDE ALL EARLIER VERSIONS AND INCONSISTENT TERMS OF ANY OTHER AGREEMENT. PLEASE READ THESE T&C'S CAREFULLY BEFORE ACTIVATING OR USING THE SERVICE. YOUR ACTIVATION AND USE OF THE SERVICE REPRESENTS YOUR AGREEMENT TO BE BOUND BY THESE T&C'S AND A REPRESENTATION THAT YOU ARE OF LEGAL AGE. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, PLEASE DO NOT USE THE SERVICE.
Service User agrees to comply with all applicable laws and regulations in connection with their use of this service. Account Holders further agree that they will not engage in any of the following activities.
Violations of this Usage Policy will result in termination of your Account, without any refund of amounts previously paid for this service. Additionally, Service User will be held responsible for any and all damages incurred by Didsoft including any amounts charged by any outside entity due to said violation(s) including without limitation attorney fees and costs. The service is mainly for surfing. We don't limit the bandwith but you can't download files bigger than 300MB. And please do not use it in programs that need much traffic such as torrent.
The unlimited traffic plans are subjected to the Fair Use Policy. In order to grant the Quality of Service to all the customers, we reserve the right to terminate/suspend accounts that violates this policy. This policy prevents network abuse, allowing us to fully optimize network capacity and maintain the quality of our services for you, our valued customer.
No fixed data limit is set to the amount of data traffic that you are allowed to generate. We can intervene if you frequently generate significantly more traffic than that of normal users. You are allowed to generate more data traffic occasionally, as long as the average data traffic over longer periods is not significantly higher than that of other users.
We do not control, nor are we responsible for any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. We may, but do not have any obligation to block information, transmissions or access to certain information, services, products or domains to protect the Service, our network, the public or our users. We are not a publisher of third-party content accessed through the Service and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.
You are responsible for paying all fees and charges of any third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access web sites, services or content, or purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies, or their or your compliance with them. If you elect to download into your computer or otherwise enable any software, including any "client" designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service.
Actual service coverage, speeds, locations and quality may vary. The Service will attempt to be available at all times except for limited periods for maintenance and repair. However the Service may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks (e.g., T-1 lines or the Internet). We may impose usage or Service limits, suspend Service, or block certain kinds of usage in our sole discretion to protect users or the Service. Network speed is an estimate and is no indication of the speed at which your or the Service sends or receives data. Actual network speed will vary based on configuration, compression, network congestion and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
Service User is responsible for maintaining the confidentiality of his/her password and is liable for any harm resulting from disclosing or allowing disclosure of any password. In the event of a breach of security, Service User will remain liable for any unauthorized use of the Didsoft Service until Service User notifies Didsoft.
You may cancel your account with a full refund within 15 days of the initial purchase ("Money Back Guarantee"). Refunds are generally processed within 7 days back to the original form of payment used for purchase. All refunds are sent in USD and therefore the refund amount could differ from the amount originally paid in local currency. To request a refund under the Money Back Guarantee, send an email with your request to Didsoft.
Refunds will only be issued to Service Users who cancel their service. If an Service User is terminated for violation of the terms of this T&C's or otherwise there will not be any refund of any remaining account balance. The user is responsible for all charges (e.g. HotSpot access fees, in-room network fees) and equipment (e.g. wireless card, cables) associated with connecting to the Didsoft service.
Didsoft reserves the right to terminate an account immediately for violating any section of this agreement. Didsoft can cancel an account at any time by providing notice to the Service User.
Didsoft reserves the right to install, manage and operate one or more software, monitoring or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or violations of these T&C's. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions set forth in these T&C's, and any other activities that may subject Didsoft or its customers to liability. Didsoft disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your computing device.
In operating the Service, we may act as a "services provider" as defined in the Digital Millennium Copyright Act ("DMCA") and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that are not owned or controlled by us may be transmitted, stored, accessed or otherwise made available using the Service. If you believe any material available via the Service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to material we determine may be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the applicable content.
Didsoft reserves the right to install, manage, and operate one or more software or other solutions designed to manage bandwidth and service utilization. Didsoft will not intentionally monitor or disclose any private electronic communication unless required by law.
Service User expressly agrees that use of the Didsoft service is at Service User's sole risk. Neither Didsoft , its employees, affiliates, agents, third-party information providers, merchants, licensors or the like, warrant that the Didsoft service will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Didsoft service, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Didsoft service. Neither Didsoft nor any of its independent network service providers make any representations or warranties, either expressed or implied, that access will be available from your location.
The Didsoft service is provided on an "as is," "as available" basis without warranties of any kind, either expressed or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. No oral advice or written information given by Didsoft, its employees, agents (including Service User representatives or guides), third-party information providers, merchants, licensors or the like, shall create a warranty; nor shall Service User rely on any such information or advice.
Under no circumstances, including negligence, shall Didsoft, or anyone else involved in creating, producing or distributing the Didsoft services, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Didsoft service including, but not limited to, reliance by a Service User on any information obtained on the Didsoft service; or that result from mistakes, omissions, interruptions, deletion of files or e- mail, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communications failure, theft, destruction or unauthorized access to Didsoft 's records, programs or services. Service User hereby acknowledges that this paragraph shall apply to all content, merchandise or services available through the Didsoft services.
Notwithstanding the foregoing, in no event shall the total liability of Didsoft, or its employees, affiliates, agents, third-party information providers, merchants or licensors, for all damages, losses and causes of action whether in contract, tort, including negligence, or otherwise, either jointly or severally, exceed the aggregate dollar amount paid by Service User to Didsoft in the twelve (12) months prior to the claimed injury or damage. The foregoing limitations of liability and damages are considerations in establishing the price of Didsoft service. The foregoing provisions of this section are for the benefit of Didsoft, its employees, directors, affiliates, agents, information providers, merchants and licensors.
The Agreement between the parties shall be governed by the Laws of Hong Kong. The Agreement between the parties constitutes the full and entire understanding between the parties with regard to the subjects hereof and thereof and supersedes any and all previous agreements between the parties regarding the subjects hereof and thereof.
The Service User certifies that he/she is at least eighteen (18) years of age or a bona-fide corporate representative, and that the registration information provided is accurate, complete, and up-to-date.