1. Your Obligations
You agree to do each of the following:
- Comply with applicable law and the Ghostealth Acceptable Use Policy.
- Pay when due the fees for the Services.
- Use reasonable security precautions in light of your use of the Services.
- Cooperate with Ghostealth’s reasonable investigation of outages, security problems, and any suspected breach of the Agreement.
- Keep your billing contact and other account information up to date.
- Immediately notify Ghostealth of any unauthorized use of your account or any other breach of security. In the event of a dispute between us regarding the interpretation of applicable law or the AUP, Ghostealth’s reasonable determination shall control.
2. Access to the Services
You may access the services via the Ghostealth website, or via the Ghostealth proxy servers. Ghostealth may modify its website or proxy servers at any time.
3. Term
The initial term for each Order begins on the date we make the Services available for your use and continues for the period stated in the Order. If no period is stated in the Order, then the initial term shall be one month. Upon expiration of the initial term, the Order will automatically renew for successive renewal terms of one month each, unless and until one of us gives the other a written notice of non-renewal prior to the expiration of the initial term, or then-current renewal term, as applicable. You must follow Ghostealth’s non-renewal process accessible from the Ghostealth website to give an effective notice of non-renewal.
4. Suspension
We may suspend your Services without liability if:
- We reasonably believe that the Services are being used (or have been or will be used) in violation of the Agreement.
- We discover that you are, or are affiliated in any manner with, a person who has used similar services abusively in the past.
- You don't cooperate with our reasonable investigation of any suspected violation of the Agreement.
- We reasonably believe that your Services have been accessed or manipulated by a third party without your consent.
- We reasonably believe that suspension of the Services is necessary to protect our network or our other customers.
- A payment for the Services is overdue.
- Suspension is required by law.
We will give you reasonable advance notice of a suspension under this paragraph and a chance to cure the grounds on which the suspension are based, unless we determine, in our reasonable commercial judgment, that a suspension on shorter or contemporaneous notice is necessary to protect Ghostealth or its other customers from imminent and significant operational or security risk. If the suspension was based on your breach of your obligations under the Agreement, then we may continue to charge you the fees for the Services during the suspension, and may charge you a reasonable reinstatement fee (not to exceed $150) upon reinstatement of the Services.
5. Termination for Convenience
You may terminate the Agreement for convenience at any time. If you are eligible for a refund, you must send a refund request to [email protected]. Refunds are only available under the following conditions:
- Payment method: Your payment was not made with cryptocurrency.
- Refund window: You requested the refund within 7 days of the first purchase date.
- You haven’t used a free trial for the purchase.
- You have not used more than 5GB of data traffic.
- You have not made more than 100,000 requests.
If you terminate the Agreement after the refund window or fail to meet the refund criteria, you will not receive a refund. Once you have terminated the Agreement, you will no longer have access to the Services.
6. Unauthorized Access
Ghostealth is not responsible to you for unauthorized access to your data or the unauthorized use of the Services unless the unauthorized access or use results from Ghostealth’s failure to meet its security obligations stated in the Agreement. You are responsible for the use of the Services by any employee of yours, any person to whom you have given access to the Services, and any person who gains access to your data or the Services as a result of your failure to use reasonable security precautions, even if such use was not authorized by you.
7. Payment Processing
Payment processing services for Ghostealth, including the processing and storing of credit card data, are provided by Stripe Payments Europe, Ltd. (“Stripe”) and are subject to the Stripe Services Agreement - Germany (“Stripe Services Agreement”). By agreeing to these terms and continuing to operate as a customer of a paid Ghostealth plan, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Ghostealth enabling payment processing services through Stripe, you agree to provide Ghostealth accurate and complete information about you and your business, and you authorize Ghostealth to share with Stripe Payments Europe, Ltd. this information and transaction information related to your use of the payment processing services provided by Stripe.
8. Disclaimers
We do not promise that the Services will be uninterrupted, error-free, or completely secure. You acknowledge that there are risks inherent in Internet connectivity that could result in the loss of your privacy, Confidential Information, and property. Ghostealth has no obligation to provide security other than as stated in this Agreement. We disclaim any and all warranties not expressly stated in the Agreement, including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. You are solely responsible for the suitability of the service chosen. The Services are provided as is. Any voluntary services we may perform for you at your request and without any additional charge are provided as is.
9. Who May Use the Service
You may resell the Services, but you are responsible for use of the Services by any third party to the same extent as if you were using the Services yourself. Unless otherwise agreed, Ghostealth will provide support only to you, not to any other person you authorize to use the Services. There are no third party beneficiaries to the Agreement, meaning that third parties do not have any rights against either of us under the Agreement.
10. Unlawful or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or otherwise prohibited by this AUP. You may not use the Services in any manner that could damage, disable, overburden, or otherwise impair any of the Services offered by Ghostealth.com, or any services offered by a third party, or interfere with any other party’s use and enjoyment of any of our Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
11. Use of Services
The Services are designed to enable you and your end users to communicate with others via the Internet. You agree to use the Services only to post, send and receive messages and material that is proper and, when applicable, related to the particular Service. By way of example, and not as a limitation, you agree that when using a Service, you will not:
- Use the Service in connection with unlawful contests, lotteries, or gambling; pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
- Publish or distribute unlawful or obscene content, including child pornography.
- Incite hate or violence based on race, religion, or nationality.
- Upload protected materials without owning the rights or receiving consent.
- Upload malicious software or viruses.
- Falsify attributions or source labels.
- Restrict others from using the Services.
- Violate any codes of conduct or guidelines.
- Harvest private data like emails beyond your site’s policy.
- Impersonate others.
- Host TOR exit nodes.
- Copy user directories or data for third-party use.
- Run unauthorized port scans or network probes.
- Use bots to mass-purchase or scrape in ways violating other platforms’ terms.