TOS

Terms of Service

1. Glossary

This section defines key terms used in this Agreement, which apply to the network proxy services provided by ATOER (referred to hereafter as "we", "us", or "our"). The following terms shall have the following meanings unless otherwise specified:

• Customer: Any person or legal entity who subscribes to or uses the Services provided by ATOER (referred to as "you", "your"). You must be at least 18 years of age, or of legal majority in your jurisdiction, to enter into this Agreement.
• Service(s): The network proxy services, including but not limited to VPN services, SOCKS5 proxies, encrypted tunnels, and any other related tools or applications provided by ATOER, collectively referred to as the “Services.”
• Agreement: This Terms of Service document, together with any policies, rules, or provisions referenced herein (including but not limited to the Acceptable Use Policy (AUP)), which constitute the entire binding contract between you and ATOER.
• Personal Data: Any information relating to an identifiable natural person, collected, processed, and stored by us in compliance with the General Data Protection Regulation (GDPR) and other applicable privacy laws.
• Acceptable Use Policy (AUP): A set of guidelines and rules regarding acceptable and prohibited uses of the Services provided by ATOER, designed to protect the safety, security, and legality of activities conducted on our infrastructure. The AUP is available at atoer.com/pages/aup.
• Billing Cycle: The periodic interval (monthly, quarterly, yearly, or as otherwise agreed) at which invoices are generated and payments become due for the Services.
• Infrastructure: Any network, server, data center, or related hardware and software resources maintained by ATOER or its partners for the provision of the Services.
• Documentation: All online or printed materials, guides, FAQs, or instructions provided by ATOER to assist in the setup, use, or understanding of the Services.

2. Concluding the Agreement

2.1 Formation of Agreement. This Agreement is concluded and becomes legally binding when you:

• Create an account on our website (atoer.com);
• Submit an order for the Services;
• Pay your first invoice or otherwise provide consideration for the Services.

By completing any of the above actions, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, the Acceptable Use Policy, and any other related policies or guidelines referenced herein. The Agreement remains in effect until terminated in accordance with Section 10.

2.2 Right to Refuse or Cancel Service. We reserve the right to refuse service, terminate accounts, or cancel orders at our sole discretion if we determine that your actions or use of the Services violate this Agreement, any applicable law or regulation, or pose a risk to our infrastructure, reputation, or other customers.

2.3 Right of Withdrawal (EEA Customers). Customers residing within the European Economic Area (EEA) may have a legal right to withdraw from this Agreement within fourteen (14) calendar days of concluding the contract, subject to the exceptions and conditions outlined in the Refund Policy in Section 7. If you choose to exercise this right, you must follow the procedure described in the Refund Policy or contact our support team for assistance.

2.4 Age and Eligibility. By entering into this Agreement, you represent and warrant that you are of legal age (at least 18 years old or the age of legal majority in your jurisdiction) and have the authority to bind any corporate entity on whose behalf you use the Services.

3. Service Provision

3.1 Commencement of Services. Services will commence as soon as ATOER makes them available for your use following the successful creation of your account, placement of your order, or receipt of payment. You are solely responsible for configuring your devices correctly to utilize our network proxy or VPN Services.

3.2 Service Availability and Maintenance. While we make reasonable efforts to ensure uninterrupted access to the Services, we do not guarantee 100% uptime. Scheduled maintenance or updates may require temporary downtime, and we will attempt to notify you in advance via email, our website, or another channel. Unplanned outages or disruptions may occur due to circumstances beyond our control, including but not limited to hardware failures, power outages, or force majeure events.

3.3 Service Level and Disclaimer. Our Services are provided on an "as is" and “as available” basis without warranties of any kind, whether express or implied. We disclaim all warranties of merchantability, fitness for a particular purpose, and non-infringement. We are not liable for disruptions caused by third-party providers, network instability, or misuse of the Services by any party.

3.4 Security Measures and Temporary Suspension. We reserve the right to temporarily suspend or restrict access to the Services to address any security vulnerabilities, comply with legal requirements, perform critical maintenance, or respond to any event that jeopardizes the integrity of our infrastructure. We will endeavor to provide notice where practicable.

3.5 Modifications and Updates. We continually seek to improve and update our Services. Accordingly, we may introduce new features, discontinue outdated functionalities, or otherwise modify the scope of the Services from time to time. We will notify you of any significant changes that might materially affect your use of the Services.

4. Customer Rights and Obligations

4.1 Lawful Use. You agree to use the Services solely for lawful purposes and in compliance with all applicable local, state, national, and international laws. Any use of the Services for illegal activities—including but not limited to hacking, fraud, distribution of prohibited or offensive content, spamming, phishing, or any criminal acts—is strictly forbidden.

4.2 Account Security. You are responsible for maintaining the confidentiality of your login credentials. Do not share your username, password, or API keys (if applicable) with unauthorized persons. Any actions taken through your account are your responsibility. If you suspect unauthorized access or believe your credentials have been compromised, you must notify us immediately at our designated support channel.

4.3 Prohibited Conduct. In addition to illegal activities, prohibited conduct includes but is not limited to:

• Exceeding allocated bandwidth or resources in a manner that disrupts the Services;
• Attempting to bypass or undermine any security feature or access control measure;
• Engaging in activities that could harm our infrastructure, network, or reputation;
• Impersonating other users, forging headers, or using deceptive tactics that could mislead third parties.

4.4 Compliance with Acceptable Use Policy. All usage of the Services must adhere to the Acceptable Use Policy (AUP), which is incorporated herein by reference. A breach of the AUP constitutes a material breach of this Agreement and may result in suspension or termination of your access to the Services without notice.

4.5 Consequences of Misuse. If ATOER determines, at our sole discretion, that your conduct violates this Agreement or endangers our infrastructure, we reserve the right to suspend or terminate your Services immediately. We may also cooperate with law enforcement authorities where such conduct is suspected to be illegal.

5. ATOER's Rights and Obligations

5.1 Provision of Services. We will use reasonable skill, care, and diligence in providing the Services. This includes taking commercially reasonable measures to maintain our infrastructure and protect your data consistent with GDPR and other applicable privacy and data protection laws.

5.2 Service Modifications. We reserve the right to modify our Services, features, or pricing upon at least 30 days’ prior notice. If such modifications materially affect your use or enjoyment of the Services, you may terminate this Agreement before the effective date of the changes without incurring additional fees or penalties. Continuing to use the Services after the effective date of the modifications constitutes your acceptance of the changes.

5.3 Customer Support. We endeavor to provide technical support to assist you with the setup and use of our Services. Support channels may include email, ticketing systems, or live chat, as detailed on our website. Response times may vary depending on the nature and severity of the issue.

5.4 Maintenance of Infrastructure. We will maintain our Infrastructure in a manner that is designed to ensure the reliability and security of our Services. However, we may need to suspend or limit access to perform maintenance, implement upgrades, or respond to emergencies. We will take reasonable steps to minimize disruptions to your Services.

6. Payment and Billing

6.1 Billing Cycle. You will be billed at the beginning of each Billing Cycle based on the plan or subscription you have selected. Invoices will list the fees for the Services, any applicable taxes or surcharges, and the payment due date.

6.2 Payment Methods. Payments must be made using approved methods (e.g., credit card, PayPal, bank transfer, cryptocurrency, or other methods listed on our website) by the due date specified on each invoice. You are responsible for ensuring that your payment information is accurate and up to date to avoid service interruptions.

6.3 Late Payments and Suspension. If payment is not received within seven (7) days after the due date, we may suspend or limit your access to the Services until all outstanding fees are paid in full. If payment remains overdue for thirty (30) days or more, we reserve the right to terminate the Agreement and permanently delete all data associated with your account.

6.4 Taxes and Additional Charges. All fees are exclusive of applicable taxes, levies, or duties imposed by taxing authorities. You are responsible for the payment of any such taxes or duties. Any bank fees or currency exchange charges shall be borne by you.

6.5 Price Changes. We reserve the right to change our pricing at any time but will provide at least thirty (30) days’ notice before new rates take effect. Your continued use of the Services after the effective date of a price change will constitute your agreement to pay the updated fees.

7. Refund Policy

7.1 Right to Cancel (EEA Customers). Customers within the European Economic Area (EEA) may cancel the Services within fourteen (14) calendar days of the initial purchase for a full refund, provided that the Services have not been used in a manner that goes beyond what is necessary to test their functionality (e.g., bandwidth consumption, multiple connections, etc.).

7.2 Non-Refundable Items. Certain items, such as domain registrations, SSL certificates, and cryptocurrency payments, are strictly non-refundable once processed. This also includes any setup fees or administrative costs explicitly stated as non-refundable in the order process or invoice.

7.3 Service Disruptions. Refunds related to technical failures or significant service disruptions will be reviewed on a case-by-case basis. You must submit a refund request within thirty (30) days of the incident, along with sufficient documentation detailing the nature of the issue and any troubleshooting steps taken.

7.4 Refund Process. To request a refund, contact our customer support via the designated channel (e.g., email or support ticket). Refunds, if approved, will be issued using the same payment method used for the original purchase, unless otherwise arranged.

8. Limitation of Liability

8.1 No Indirect Damages. ATOER shall not be liable for any indirect, consequential, exemplary, incidental, or punitive damages, including but not limited to lost data, lost revenues, lost profits, or business interruption, arising out of or related to your use of (or inability to use) the Services.

8.2 Liability Cap. In no event shall our total liability to you exceed the total amount of fees paid by you for the Services in the twelve (12) months immediately preceding the event giving rise to such liability.

8.3 Force Majeure. We are not liable for any failure or delay in performing our obligations under this Agreement if such failure or delay is due to events beyond our reasonable control, including but not limited to natural disasters, strikes, war, terrorism, riots, governmental action, or internet disturbances.

8.4 Third-Party Services. Our Services may integrate or interoperate with third-party services or software. We are not responsible for any acts, omissions, or failures of such third-party services. Any disputes regarding third-party services should be directed to the respective third-party provider.

9. Governing Law and Dispute Resolution

9.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the United States and the European Union, where applicable, without regard to conflict of law principles.

9.2 Jurisdiction. Any dispute arising under or in connection with this Agreement shall be brought before the courts of the jurisdiction where ATOER is registered, unless otherwise agreed by the parties in writing.

9.3 Mediation or Arbitration. Where permitted by law, the parties may first attempt to resolve any dispute through good-faith negotiation or mediation. If such efforts fail, the dispute may be settled by binding arbitration if both parties consent to it in writing.

10. Termination of Agreement

10.1 Termination by You. You may terminate this Agreement at any time by canceling your Services through the Customer Portal or any other method designated by ATOER. Upon termination, your access to the Services will cease, and your data will be subject to deletion in accordance with our data retention policies.

10.2 Termination by Us. We reserve the right to terminate your account or suspend the Services, with or without notice, for any of the following reasons:

• Violation of this Agreement or any related policy (e.g., the AUP);
• Non-payment of fees or charges when due;
• Actions that threaten the security, stability, or reputation of our infrastructure;
• Compliance with legal or regulatory directives.

10.3 Data Deletion. We may delete any of your data from our systems immediately upon termination or after a grace period stated in our policies. It is your responsibility to back up any data you wish to retain prior to termination.

10.4 Outstanding Fees. Termination does not absolve you of the obligation to pay any accrued or outstanding fees.

11. Data Protection and Privacy

11.1 Compliance with Privacy Laws. We are committed to protecting your personal data in accordance with all applicable data protection laws, including the General Data Protection Regulation (GDPR). Our Privacy Policy, which outlines how we collect, use, store, and protect your personal data, is available at atoer.com/privacy and is incorporated herein by reference.

11.2 Data Subject Rights. If you are located in the EEA or a jurisdiction with comparable data protection regulations, you have certain rights regarding your personal data, including the right to access, correct, delete, or port your data, and to object to or restrict our processing of your personal data. Requests to exercise these rights should be directed to the contact information provided in our Privacy Policy.

11.3 Data Retention. We will retain your personal data only for as long as necessary to fulfill the purposes for which it was collected or to comply with legal obligations. Upon account termination, we will delete your personal data in accordance with our internal retention and deletion policies, unless otherwise required by law.

11.4 Third-Party Processors. We may engage third-party service providers to process your personal data on our behalf. Such providers are contractually obligated to protect your data in a manner consistent with this Agreement and applicable data protection laws.

12. Modifications to the Agreement

12.1 Right to Modify. We may modify these Terms of Service from time to time to reflect changes in our Services, business practices, or legal obligations. We will provide at least thirty (30) days’ notice before any material changes become effective, unless otherwise required by law.

12.2 Notification of Changes. We will notify you of any significant changes by email, account notifications, or an announcement on our website. The date of the latest revision will be indicated at the top of the Terms of Service page.

12.3 Acceptance of Changes. Your continued use of the Services after any modifications to this Agreement become effective constitutes your acceptance of such modifications. If you do not agree to the amended terms, you must discontinue your use of the Services before the changes take effect.

Last Updated: [Insert Date]

By using or continuing to use our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, including any future modifications.