Terms Of Service
RAYOBYTE TERMS OF SERVICE
Updated: December 13th, 2022
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE ACCESSING, USING, OR PURCHASING ANY PRODUCT OR SERVICE THROUGH, ANY PART OF THE WEBSITE OR THE SERVICES.
The following are the terms and conditions for use of https://rayobyte.com/, any affiliated sub-domains, and any affiliated websites on which these Terms are posted (the “Website”) and the related services (collectively the Website and the related services are referred to as the “Services”). The Services are provided by Blazing SEO, LLC, a Colorado limited liability company d/b/a Rayobyte, and its affiliates (“Rayobyte,” or “us,” or “we”).
Rayobyte provides users with access to a collection of resources and services, including various communication tools and proxy access through any Internet or telecommunications services or protocols. You may only use the Services in compliance with applicable law. You may not use the Services to infringe upon any right or terms of any third-party. You may not use the Services to gain unauthorized access to any computer or website. For more information, please read these Terms and the Rayobyte Acceptable Use Policy in detail.
II. REGISTRATION, ELIGIBILITY FOR SERVICES, PAYMENT, AND INFORMATION SUBMISSION
Payment: Your access to the Services is conditioned upon your payment to Rayobyte of all applicable fees for your subscription. You agree to pay the applicable fees for the Service and to reimburse Rayobyte for all collection costs and interest at the maximum rate allowable by law. Unless otherwise stated, all fees are stated in U.S. dollars. Prices are subject to change.
Payment Extension: If you are unable to pay your bill by the due date and your account is eligible, we will offer you up to 10 additional calendar days to pay your bill. You must formally request an extension of your due date at least one business day before the end of your billing cycle. All extension requests must be submitted in writing to Rayobyte customer support. Our team reserves final decision-making on whether to approve or deny an extension request.
This extension does not prevent your payment from being considered late, and you will be charged a minimum late payment fee of either $20 per day or 1% of the total invoice amount, whichever is greater. If granted an extension, the customer’s subscription renewal date remains the same regardless of how late the payment is. We do not extend the subscription renewal date. Failure to request an extension or pay your bill within the extension period will result in automatic termination of your Services. Upon termination, all proxies will be returned to the general pool. Rayobyte cannot guarantee you will get them back.
Example: The customer has 100 dedicated proxies on the starter plan and pays $200 on their subscription renewal date, which falls on the first day of each month. The customer contacts support to request a five-day extension of their payment due date for the month of January. If the account is deemed eligible, the extension will be granted and a $100 ($20 per day * 5 days) late payment fee will be added to their invoice with a new due date of January 6. The following month’s payment will be due on the subscription renewal date, February 1.
Maintenance or Support: Rayobyte is not under any obligation to provide maintenance or support for the Services. Rayobyte may provide maintenance or support for the Services in Rayobyte’s sole discretion.
Information Submission and Age Restriction: By submitting any information, including any User Content as defined below, through the Services, you represent and warrant that you are 18 years of age or older, and, if under the age of majority in your state, you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms and use the Services. Rayobyte does not intend to use the Services to collect any information from children under age 18. Pursuant to 47 U.S.C. § 230(d), you are notified that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. For information on providers of such services, contact your information technology professional.
Refusal of Service: Rayobyte reserves the right, with prior written notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party’s intellectual property rights, abuse other Website users, misuse the Website or its Services, or otherwise engage in inappropriate conduct, as determined by Rayobyte in its sole discretion. You may not access the Services if you are a direct competitor of Rayobyte, except with Rayobyte’s prior written consent. By accessing the Services, continuing to access the Services, purchasing any products of services through the Services, or submitting any information through the Services, you represent and warrant that you are not affiliated in any way with any competitor of Rayobyte, including any competitor’s respective affiliates, parent companies, subsidiaries, and/or agents.
Electronic Communications: By accepting these Terms and using the Services, you consent to receive electronically all communications or notices sent by Rayobyte with regard to the Services or these Terms to any email address you provide to Rayobyte. It is your responsibility to update your contact information provided to Rayobyte. In order to receive electronic communications, you must have a working connection to the internet and meet any specifications required by your email service provider. Rayobyte may send communications in a non-electronic format at Rayobyte’s discretion.
Rayobyte reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Website. All changes are effective immediately when we post them. The most current version of these Terms will be located on this page. You understand and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access to or use of the Services. If we make material changes to these Terms, we will notify you by updating the “Updated” date indicated at the top of this page with the date that revisions to these Terms were last made. We will not notify you of any such changes by email or other personal contact, although we reserve the right to do so. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms.
You understand and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.
IV. PROPRIETARY RIGHTS
The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Rayobyte, its licensors or other third-party providers of such material are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Rayobyte and all related names, logos, product and service names, designs and slogans are trademarks of Rayobyte or its affiliates. You may not use such marks without Rayobyte’s prior written permission. All other names, logos, product and service names, designs and slogans included in the Services are the trademarks of their respective owners.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
You must not:
- Modify copies of any materials from this site.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
If you wish to make any use of material on the Website other than that set out in this section, you must obtain Rayobtye’s written permission.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
V. LICENSE; SUBSCRIPTIONS, AND REFUNDS
License: In order to use some of the Services’ features, you may require the use of certain intellectual property developed by Rayobyte, potentially including but not limited to software, computer code, certain business methods and practices, and other types of intellectual property (cumulatively, the “Rayobyte IP”). Subject to, and in accordance with, these Terms, Rayobyte grants to you, and you accept from Rayobyte, a limited, revocable, non-exclusive, and non-transferable license to use the Rayobyte IP and the Services. Rayobyte reserves all rights not expressly granted to you hereunder. This license is automatically revoked if you violate any of these Terms. The grant of this license is not, and shall not be construed as, a grant of any right to you to use, receive or view, copies of source code, schematics, master copies, design materials or other information used by You in utilization of the Services.
Prohibitions: You must not do, or permit others to do, any of the following: (a) attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print any source code or object code or other runtime objects or files distributed with the Services; (b) otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Services; (c) rent, lease, distribute (or redistribute), provide or otherwise make available the Services, in any form, to any third party (including in any service bureau or similar environment); or (d) use, install, or make available the Website, in whole or in part, through a wide area network including but not limited to World Wide Web sites, intranets, or Application Service Providers (ASP). In addition, you will not violate or attempt to violate the security of Rayobyte’s networks or servers, including (x) access data not intended for you or log into a server or account which you are not authorized to access; (y) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written request and authorization; or (z) attempt to interfere with service to any user, host or network, including by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing
Product Trials: Rayobyte may offer trials from time to time for the Rayobyte Services. The failure to cancel your trial during the stated trial period will result in you being charged for the associated purchases during the standard one-month billing period. For more details, please review the specific terms of the trial offer. Rayobyte does not guarantee that any portion of the Services will always be available for free. Our Risk-Free Trial policy can be found on our website and is subject to change at our discretion.
Subscriptions: Rayobyte may offer certain Services on a subscription basis. Under such a subscription, you will be charged for the subscription Services every period until you cancel your subscription. Please review the specific terms of your subscription for more information.
Refund Policy: Rayobyte may but is not required to work with you to find a solution. Rayobyte does not guarantee refunds for any reason, which may include, but is not limited to:
- Customer’s lack of usage
- Customer’s dissatisfaction
- Customer has changed their mind about purchasing services after the expiration of any money-back guarantee period, if applicable
- Customer’s use case does not work with services provided by Rayobyte
- Customer purchased a package by mistake
- Customer does not have expertise or experience with their product purchase
- Customer does not cancel their monthly subscription before their billing cycle elapses.
- Customer account is blocked or suspended due to illegal activities by the customer
If you stop using our services in between the term, we will not refund you the fees paid by you for the remaining term. You can upgrade or downgrade services at any time of your usage, however Rayobyte does not refund any fees in that case.
Rayobyte will provide refunds at their discretion, unless required by law. If Customer purchases the wrong package, Rayobyte may, but is not required to, transfer the Customer’s credit to the correct package. If Customer does not cancel their monthly subscription before their billing cycle elapses but contacts Rayobyte’s customer service within 4 days of the renewal date, then Rayobyte may, but is not required to, issue a full or partial refund.
Disputes: Rayobyte will work with our customers to amicably resolve any dispute arising from your purchase. Please reach out to our customer success team in advance of filing a dispute. Filing a fraudulent dispute may result in a permanent ban from using our services in the future.
VI. ACCEPTABLE USE POLICY; COMPLIANCE AND PROHIBITED ACTIONS
Your use of the Services are governed by the Rayobyte Acceptable Use Policy, which is incorporated herein by this reference. Please review the Acceptable Use Policy in detail prior to using the Services.
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights or terms of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, telemarketing, unfair competition, defamation, invasion of privacy, rights of celebrity, or other federal or state law, rule, or regulation. You may not use the Services for any fraudulent purposes. You may not use the Services to gain unauthorized access to any computer or website.
Any payments made that are suspected of fraud or identified by a payment processor as suspected fraud is subject to review by our operations team. We regularly review disputes that arise from disputes or chargebacks and will ban current and future accounts that are found to have used a fraudulent payment method.
VII. DIGITAL MILLENNIUM COPYRIGHT ACT
Rayobyte respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Rayobyte’s designated copyright agent in accordance with Title 17, United States Code, Section 512(c), by providing the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement should be forwarded to Rayobyte’s designated agent as follows:
Paul J. Halbur
500 Energy Plaza
409 South 17th Street
Omaha, NE 68102-2663
Telephone: (402) 341-6000
Email: [email protected]
The full legal name and physical address of the service provider is as follows:
Blazing SEO, LLC DBA Rayobyte
440 North 8th Street, Suite 110
Lincoln, NE 68508
Alternate names the public may be likely to use to search for our designated agent include: Blazing SEO, Blazing SEO LLC, blazingseollc.com, and Blazing Proxies.
After receiving a valid DMCA notification of claimed infringement, we will process and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps promptly to notify the user who submitted the material that we have removed or disabled access to such material.
Counter-Notification: If you posted or submitted material to Rayobyte which Rayobyte removed or disabled access to pursuant to a DMCA notification of claimed infringement, and you believe your material is not infringing and the material was removed or disabled as a result of a mistake or misidentification, you may send a counter-notification containing the following information in writing to Rayobyte’s designated agent listed above:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the your address is outside of the United States, for any judicial district in which Rayobyte may be found, and that you will accept service of process from the person who provided the notification of claimed infringement or an agent of such person.
If a valid counter-notification is received by our designated agent, we will send a copy of the counter-notification to the original complaining party informing that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order to restrain the alleged infringement, we will replace or restore access to the material in ten (10) to fourteen (14) business days after our designated agent’s receipt of the counter-notification, at our sole discretion.
Rayobyte reserves the right, in its sole discretion, to terminate accounts for users that are deemed to be repeat copyright infringers.
VIII. THIRD-PARTY SERVICES
The Services may use or provide access to one or more third-parties to process payments, process account or user registrations, fulfill orders, or provide other services. The use of such third-party services are subject to the third-party’s terms of service. Any disputes arising regarding a third-party’s services must be resolved directly between the user and the third-party. Rayobyte disclaims all warranties or representations regarding any third-party services. Rayobyte, in its sole discretion, and without notice to you or any user, may subcontract any Services to be performed by a third-party.
IX. USER-GENERATED/THIRD-PARTY CONTENT
Overview: The Services may, from time to time, allow users and third-parties to upload, post, or otherwise transmit user-generated content, including, but not limited to, photos, videos, reviews, and other forms of data or communications (“User Content”).
User Obligations and License; Intellectual Property: You alone own and are solely responsible for all User Content you post, upload, or otherwise transmit (collectively “Post”) through the Services and once Posted, it cannot always be withdrawn. You agree not to Post through the Services any User Content which is false, defamatory, infringes upon another party’s intellectual property, or is otherwise illegal. By Posting User Content on the Services, you warrant and represent that you have the right to post such information and that such information is truthful and accurate.
By Posting User Content, you automatically grant, and warrant and represent that you have the right to grant, Rayobyte a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, store, copy, perform, display, and distribute such User Content for any purpose and to prepare derivative works of, or incorporate into other works, such User Content.
You assume all risks associated with your Posted User Content on the Services, including anyone’s reliance on its quality or reliability. By Posting User Content you may expose yourself to liability if, for example, your Posted User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Testimonials: If you Post or otherwise transmit to Rayobyte a testimonial statement describing your results using any service or product, you grant, and warrant and represent that you have the right to grant, Rayobyte a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute the testimonial statement for any purpose, including posting on the Services or using in any Rayobyte advertising materials.
By Posting or sending any testimonials of your results, you represent that the testimonial statement is true, that you used the service or product as directed (if applicable), and that the testimonial accurately depicts your experience using the service or product.
If you no longer wish Rayobyte to use your written testimonial statement, please contact us. If we do not hear from you, we will assume you still stand behind your testimonial statement.
If you received any kind of compensation, whether monetary, in the form of a free service or product, or otherwise, you must notify us of this fact when posting or sending your testimonial.
Communications Decency Act: As provided in 47 U.S.C. § 230(c)(1), Rayobyte is only a distributer, and not the publisher or speaker, of any User Content. As such, Rayobyte cannot be held liable for making available any User Content which may be false or inaccurate. Any information or opinions contained in the User Content made available through the services are those of their respective authors alone. Rayobyte does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will Rayobyte be responsible for any loss or damage resulting from any person’s reliance on any User Content.
Reservation of Rights: Subject to Section VII above regarding the DMCA, Rayobyte reserves the right to remove or not remove any User Content from the Services for any reason or no reason at all, in Rayobyte’s sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. Rayobyte reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.
Information Storage and Access: Subject to applicable law, Rayobyte reserves the right, in its sole discretion, to determine whether and how long to store User Content and user data. Rayobyte will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Services or Rayobyte’s servers.
Suggestions: By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Rayobyte and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
X. REPRESENTATIONS, WARRANTIES, AND DISCLAIMERS
Rayobyte provides a number of tools and services including IP proxies. Your use of the Services and any IP proxies is at your own risk.
The disclaimers contained in these Terms apply with equal force to the Services as well as to any IP proxies or other services or products provided to any user through the Services. Rayobyte does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Services or the server that makes them available, are free of viruses or other harmful component, or (v) the use or the results of the use of the Services will be correct, accurate, timely, or otherwise reliable.
It is expressly understood by all users that the Services may from time to time be inaccessible, inoperable, or may not provide all features as a result of multiple factors which may or may not be within Rayobyte’s control. These factors may include, but are not limited to, variables in internet, telecommunications, data, cellular or satellite services provided by your wireless carrier to your mobile device, geographic limitations, poor wireless signal strength, periodic maintenance to the Services, malfunctions in the Services, limitations due to your particular mobile device, or any other reason which may prevent the Services from being accessible at all times. Rayobyte disclaims any liability as a result of any user’s inability to access or use the Services at a particular time, location, on a particular device, or using a particular wireless provider.
Further, Rayobyte expressly disclaims any representation or warranty relating to any products, services, or companies displayed, described, advertised, sold, reviewed, recommended, linked to, or pictured on the Services. Rayobyte does not necessarily endorse any such products, services, or companies and does not warrant that any such products, services, or companies are available, will meet the user’s needs, are appropriate for any particular use, or are of any certain quality. Likewise, Rayobyte does not guarantee that any product, service, or company descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Rayobyte be responsible for any loss or damage resulting from any person’s reliance on any such product, service, or company descriptions, reviews, or specifications contained on the Services.
You represent and warrant that your use of the Services complies with the Acceptable Use Policy, and that you will use the Services in accordance with that Policy.
YOUR USE OF THE SERVICES, AND ANY DATA OR OTHER PRODUCTS OBTAINED THROUGH THE SERVICES, IS AT YOUR OWN RISK. THE SERVICES AND ALL DATA AND PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Rayobyte EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES OR DATA OR PRODUCTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. Rayobyte DOES NOT WARRANT THAT THESE SERVICES OR ANY DATA OR PRODUCTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR DATA, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, DATA, OR PRODUCTS PROVIDED THROUGH THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
XI. LIMITATIONS OF LIABILITY; LIMITATIONS PERIOD; DAMAGES
Rayobyte WILL NOT BE LIABLE TO YOU ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, (D) BODILY DAMAGE OR EMOTIONAL DISTRESS, (E) PROPERTY DAMAGE, OR (F) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF Rayobyte HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, Rayobyte’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE Rayobyte PRODUCTS OR SERVICES DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.
Limitations Period. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Damages. Upon demand, at our election, you will pay us for breaching, or inducing others to breach, any provision of the Acceptable Use Policy or these Terms: $1.00 for any email sent to us from any ISP company as a result of the breach or induced breach, $100.00 for every cease and desist letter sent to us as a result of the breach or induced breach. You agree that the damages provided for in this section are not a penalty and that actual damages resulting from the breach of the Terms or Acceptable use Policy are difficult to calculate. The assessment of these liquidated damages does not reduce or eliminate your obligation to indemnify us as set forth in these Terms.
You agree to indemnify, hold harmless, and defend Rayobyte, its directors, members, employees, agents, or affiliates (collectively the “Indemnified Parties”) at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your use of the Services or your purchase, access to, or use of any proxies, data, products, or services sold through the Services, (iii) your unauthorized use of the Services, or (iv) your Posting of User Content. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified Party or Parties will reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
XIII. BANDWIDTH LIMITATIONS.
Any proxy user that utilizes an excessive amount of bandwidth will be subject to a review of their account to assess the appropriateness of additional costs. Excessive bandwidth usage is defined below dependent on the specific package in service:
Dedicated/Static Residential Proxies: Excessive usage is defined as any bandwidth usage greater than 0.03 TB per IP in a 30 day period
Semi-Dedicated Proxies: Excessive usage is defined as any bandwidth usage greater than 0.015 TB per IP in a 30 day period
Rotating Residential: Service is billed on a per usage basis therefore unlimited bandwidth usage does not apply
Any user who uses more than 10 TB/mo. of bandwidth on their servers purchased from Rayobyte agrees that they will be charged an additional $30 per 10 TB, or risk their account being terminated. We do not tolerate bandwidth abusers.
You agree that Rayobyte may, under certain circumstances, without prior notice, immediately terminate your Rayobyte account, any associated email address, and access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations or purported breaches or violations of the Terms of Service or the Acceptable Use Policy, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any part thereof), (e) unexpected technical or security issues or problems, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations for cause shall be made in Rayobyte’s sole discretion and that Rayobyte shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services.
By providing any personal or non-personal information to Rayobyte through the Services, or by using the Services, subject to applicable law, you automatically grant, and warrant and represent that you have the right to grant, Rayobyte a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to collect, store, use, reproduce, disclose, transfer, and disseminate your collected personal and non-personal information in order to provide the services contemplated under these Terms, to manage your account, to send you communications, or for any other lawful purpose in Rayobyte’s sole discretion.
You also understand and agree that the Service may include certain communications from Rayobyte, such as service announcements, administrative messages, and that these communications are considered part of Rayobyte membership and you will not be able to opt out of receiving them.
XVI. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control (“OFAC”), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. If Rayobyte determines that the Services are being used by prohibited persons, Rayobyte will terminate any impacted accounts. Rayobyte reserves the right to also provide notification of any such usage to the US DOT/OFAC.
XVII. MANDATORY ARBITRATION AND PROHIBITION ON CLASS ACTIONS
The parties hereto agree and understand that any dispute or claim related to your use of the Services, any disputes regarding any alleged breach of these Terms, to the extent such dispute cannot otherwise be resolved, as well as any other action to enforce these Terms or for the breach of these Terms, shall be referred to final and binding arbitration, and not in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.
Any arbitration proceeding will take place in the State of Nebraska, USA, subject to the laws of the State of Nebraska, USA and will otherwise be governed by the then-current commercial arbitration rules of the American Arbitration Association, and the parties hereto expressly waive their rights, if any, to have any such matters heard by a court or jury, or administrative agency whether federal or state. The parties in any arbitration to enforce this agreement or remedy its breach will equally share the costs associated with such arbitration proceedings; provided, that, each party shall pay its own attorney’s fees. Within fourteen (14) days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.
Both parties agree that any dispute resolution proceedings (including any arbitrations and any court proceedings) will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class actions and class arbitrations are prohibited. If for any reason a claim proceeds in court rather than in arbitration, each party hereby waives any right to a jury trial. Both parties also agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Severability: If any provision of these Terms is held to be unenforceable, then that provision will be modified to the minimum extent necessary to make it enforceable, unless that modification is not permitted by law, in which case that provision will be disregarded.
Governing Law and Venue: These Terms will be governed by and construed in accordance with the laws of the State of Nebraska, USA, without regard to the principles of conflicts of law. Subject to the mandatory arbitration provision contained above, each party agrees to submit to the exclusive and personal jurisdiction of the state and federal courts located in Douglas County, Nebraska.
No Partnership: Purchasing products or services from Rayobyte does not result in any legal partnership between you and Rayobyte.
Contact Information. All communications relating to these Terms should be directed to [email protected]
Acceptable Use Policy
Acceptable Use Policy
Last modified: July 12th, 2022
This Acceptable Use Policy (this “Policy”) describes prohibited uses of the Services (as that term is defined in Rayobyte’s Terms of Services) offered by Blazing SEO, LLC, a Colorado limited liability company d/b/a Rayobyte, and its affiliates (“Rayobyte,” “us,” or “we”). Please read the Policy carefully. If you do not agree to the Policy, you may not use the Services (the terms “you,” “your” or “yours” includes the person or entity that is accessing the Services as well as any third parties accessing the Services on your behalf, whether as a guest or registered user). Your use of the Services is also governed by the Rayobyte Terms of Service. Any terms not defined in this Policy shall have the same meaning as is given to such terms in the Rayobyte Terms of Service.
We may modify this Policy from time to time as the Services change, as applicable law changes, or for any other reason. All modifications to this Policy are effective immediately when posted. If you do not agree to this Policy as modified, you may not use the Services.
You may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”), or to engage in, foster, or promote illegal, abusive, or irresponsible behavior. Prohibited activities including by way of illustration and not by limitation:
- Use of an Internet account or computer without the owner’s authorization;
- Collecting or using email addresses, screen names, other identifiers, or personal information without the consent of the person identified (including phishing, Internet scamming, password robbery, spoofing, impersonating, and harvesting);
- Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System (including, without limitation, bypassing password protections);
- Distributing, publishing, sending, or facilitating unsolicited mass e-mailings, promotions, advertising, or solicitations (i.e., “spam”), including commercial advertising and informational announcements;
- Sending email in violation of the CAN-SPAM Act or any other applicable anti-spam law;
- Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled or that involves an unreasonable crawl rate, or that is contrary to the instructions in the System’s robots.txt;
- Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective;
- Use of forward pyramid schemes and the like;
- Distributing of software that attempts to cause damage, harassment, or annoyance to persons, data, and Systems, this includes the distribution of viruses, Trojan horses, worms, time bombs, or cancelbots;
- Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by broadcast attacks, or flooding techniques;
- Forging TCP-IP packet headers or any part of a message describing its origin or route, not including the use of aliases or proxy servers;
- Any conduct that is likely to result in retaliation against Rayobyte, its website, or Rayobyte employees, officers, or other agents;
- Use of the Services to gain or attempt to gain an advantage in proximity, timing, or identification as a unique user for purposes of any online auction, sale or similar event in violation of the terms of any such event;
- Impersonating another person or entity;
- Any type of sabotage, regardless of intention;
- Use of the Services in any way that violates any applicable federal, state, local, or international law or regulation;
- Use of the Services in any way for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; and
- Use of the Website and/or Services in a way that restricts or inhibits anyone’s use or enjoyment of the Website or that otherwise interferes with the proper working of the Website.
Compliance with Other Terms of Service
No Illegal, Harmful, or Offensive Content or Activities
You may not use, or encourage, promote, facilitate or instruct others to use the Services for any illegal, harmful, or offensive use, or to transmit, distribute or otherwise make available content that is illegal, harmful, or offensive. Prohibited activities or content include:
- Content or activities that constitute, depict, foster, promote or relate in any manner to child pornography, bestiality, or non-consensual sex acts;
- Content or activities that are excessively violent, incite violence, threaten violence or contain harassing content or hate speech;
- Content or activities that are unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- Content or activities that are defamatory or violate a person’s privacy;
- Content or activities that create a risk to a person’s safety or health, create a risk to public safety or health, compromise national security or interfere with an investigation by law enforcement;
- Content or activities that improperly expose trade secrets or other confidential or proprietary information of another person;
- Content or activities that are intended to assist others in defeating or circumventing technical copyright protections or barriers, or that infringe on another person’s copyright, trade or service mark, patent or other intellectual property or proprietary rights;
- Content or activities that promote illegal drugs, violate export control laws, or that relate to illegal gambling, money laundering, or illegal arms trafficking;
- Content or activities that are otherwise illegal or induce, aid, or solicit conduct that is illegal under laws applicable to you or to Rayobyte;
- Content or activities that are otherwise malicious, fraudulent or may result in retaliation against Rayobyte; or
- Content or activities that give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
You may not use the Services to download, publish, distribute, or otherwise copy or use in any manner any text, music, software, art, image or other work protected by copyright law unless:
- You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner; or
- You are otherwise permitted by established copyright law to copy or use the work in that manner.
Monitoring and Reporting
We reserve the right, but do not assume the obligation, to investigate any violation of this Policy or misuse of the Services.
We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties, but with prior written notification to you of the suspected violation. Our reporting may include disclosing appropriate user information. We also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy.
Rayobyte reserves the right to terminate your access to the Rayobyte Website and/or Services if Rayobyte reasonably believes that you have violated this Policy.
Contact Information: To ask questions or comment about this Policy, contact us at: