您必须首先同意本条款才能使用服务。如果您不接受本条款，则不能使用服务。

• 点击接受或同意条款，如果 TrickByte 在任何服务的用户界面中向您提供此选项；或
• 通过实际使用服务。在这种情况下，您理解并同意 TrickByte 将把您对服务的使用视为从那时起接受本条款。
• 如果您 (a) 未达到与 TrickByte 签订具有约束力合同的法定年龄，或 (b) 根据美国或其他国家（包括您居住或使用服务的国家）的法律，您是被禁止接受服务的人，则您不得使用服务且不得接受本条款。
• 在您继续之前，您应该打印或保存一份通用条款的本地副本以供记录。

引言

trickbyte.com (“the Website”) provides subscription-based proxy services for selectively anonymous browsing, with related features to bypass geographical blocks (“the Services”). These Terms of Use (“the Agreement”) govern all matters pertaining to the use of the Services by the Account Holder (“you” or “your”), as offered on the Website, including, but not limited to, any service agreement that you have entered into pertaining to the Services; any specific Rate Plan or Service Plan Information that applies to your account; and any and all matters pertaining to your account. This Agreement governs the entirety of your understanding and relationship with Digiport OU (“we”, “us”, or “our”), the owner and operator of the Website offering the Services, and supersedes all earlier versions of any agreement offered on the Website in relation to the Services.

We reserve the right to add, delete and/or to modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting any revised, updated, and/or new Agreement on the Website. As a condition of your use and/or continued use of the Services, you acknowledge and accept that it is your sole responsibility to keep current as to any changes to the Agreement that may be posted from time to time on the Website. Accordingly, your continued use of the Services, following the posting of any revisions to the Agreement on the Website (including this version of the Agreement), and/or following the delivery by email to you of notification of such changes, will constitute binding acceptance of the Agreement and its changes, subject to the termination terms below. Any changes to the Agreement are effective immediately upon being posted to the Website. This version of the Agreement is effective immediately upon its posting to the Website.

Your activation and use of the Services represent your intention and agreement to be bound by all the terms in the Agreement. You represent that you are at least eighteen (18) years of age. If you are acting on behalf of a corporation, you represent that you have the authority to do so, and that accordingly, such corporation shall be bound by all the terms of the Agreement. You represent that the registration information provided is accurate and complete, and that it is your responsibility to keep your registration information current and up-to-date.

Usage Policy

You agree to comply with all applicable laws and regulations in connection with your use of the Services. You further agree that you will not use your account, or enable your account to be used by a third party, to engage in any of the following activities:

i) Sending or transmitting unsolicited advertisements or content (“Spam”) through the Services, whether via e-mail, usenet, or any other communication channel.

ii) Sending or transmitting any illegal content through the Services, whether via e-mail, Usenet, or any other communication channel, including without limitation, child pornography.

iii) Uploading, downloading, posting, reproducing, or distribution of any content protected by copyright, or other proprietary right, without first having obtained permission of the copyright owner.

iv) Attempting to use the Services as a means to defraud and/or to avoid due compensation for use of paid services that would normally be due to any individual or corporation offering such services, including, without limitation, content providers.

v) Engaging in any conduct that restricts or inhibits any other account holder from using or enjoying the Services.

vi) Attempting to access, probe, or connect to computing devices without proper authorization.

vii) Posting to or transmitting through the Services any unlawful communications and material, including, but not limited to, any communications and material that could be deemed as harmful, threatening, abusive, harassing, defamatory, hateful, and/or discriminatory; that encourages conduct that may constitute a criminal offense; and/or that might give rise to civil liability or otherwise violate any applicable local, state, federal or international law.

viii) Using the Service for anything other than lawful purposes.

Violations of this Usage Policy will result in termination of your account, without any refund of amounts previously paid for the Services. Additionally, you will be held responsible for any and all damages incurred by us by reason of your violation(s) of this Usage Policy, including, but not limited to, associated attorney fees and costs.

Disclaimers: Cautions and Restrictions

I. Disclaimer – Content and Third Party Services

As a condition of your use of the Services, you acknowledge and accept that 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 Services. You acknowledge and understand that the Services are being primarily marketed and offered to you as an optimized Virtual Private Network (“VPN”) privacy solution, offering selective, private browsing through proxy technology in a manner that optimizes your Internet browsing experience in terms of speed and downloading time, and that our technical support for anonymization with respect to specific domains is, will be, and/or has been, offered to you for the sole purposes of selectively anonymizing your IP address, in accordance with the standards of the VPN industry, in a manner that will optimize your Internet browsing experience in terms of speed and download times (for example, to ensure that VPN proxying does not incidentally impair the speed of delivery of content that is being offered to you by a third party through that party’s content delivery network). Accordingly, you acknowledge and agree that we are not in a position to determine your particular reasons for using the Services, other than for the generalized motivation to selectively anonymize your Internet browsing while optimizing your browsing for speed of download. You further acknowledge and agree that we are not in the position to determine whether you are particularly using the Services to facilitate contractual relations with any particular third party. Accordingly, you acknowledge and agree that using the Services to facilitate and optimize your private access to any third party services and/or content is solely at your own risk and discretion.

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 Services. 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 Services.

Having regard to the foregoing, you acknowledge and agree that the technical support we offer in respect of selectively anonymizing your IP address for particular domains is strictly offered for the purposes enunciated herein this Agreement, and should not be, and will not be, interpreted by you as an endorsement by us of any particular domain’s services and/or content, nor should such technical support be interpreted by you as an inducement from us to engage in contractual relations with any third party.

II. Disclaimer – Privacy

Though we offer selectively private browsing options through the Services, you acknowledge and understand that the extent of privacy offered through the Services is solely determined through the manner by which you choose to use these Services. If you choose to use the Services to access web sites, services, or content from parties that require your personal information in order to access their services and/or content, you acknowledge and agree that we cannot be made responsible and/or liable by you for any personal information that you provide to a third party in order to access their services and/or content. 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. Accordingly, you understand and agree that we have no responsibility for, and knowledge of, third party privacy policies, nor do we have responsibility for, and knowledge of, their or your compliance with such policies.

III. 免责声明 – 法律声明

As a condition of your use of the Services, you further acknowledge and accept that we are bound to comply with any and all legal notices that may be delivered to us, whether from private or public sources, including, but not limited to, any legal notices relating to applicable statutes and regulations.

Pursuant to the delivery of any legal notice, we may be required to block access through the Services to certain information, transmissions, third party services, products, or domains in order to protect the Services, our network, the public, and our users. Accordingly, you acknowledge and agree that our compliance with legal notices under such circumstance shall not constitute grounds for your launching any legal or arbitration action against us, nor shall such compliance under these circumstances entitle you to any refund, particularly where the Services are otherwise functional with respect to any other domains and other selectively privatized browsing uses. At all times, whatever the circumstances, our termination and refund policies below will apply.

Accordingly, if, for any reason, the Services are discontinued in order to comply with legal notices or any applications of law, you agree that any such discontinuation for reasons of our legal compliance, and/or for reasons of limiting any legal liability, will be treated by you as a normal cancellation of service, effective on the date of such discontinuation of service, at which point our termination terms and refund policies will apply (see below) as if you had initiated the cancellation at that date.

IV 免责声明和责任限制

You expressly agree that use of the Services is at your sole risk. We do not warrant that the Services will be error-free or uninterrupted. The Services are provided on an “as is”, “as available” basis, without warranties of any kind, either express or implied. You understand that service disruptions are reasonably foreseeable in regard to the offering of the Services, and that dissatisfaction over the quality of the Services cannot serve as a basis for any refund over and above the termination and refund policies contained herein.

We do not make any warranty as to the results that may be obtained from your use of the Services. You understand and agree that we do not deal with, nor can we control, the content and/or data that you may cause to be delivered to you from third parties in the course of using the Services. You further understand and agree that we have no relationship with, nor do we endorse, nor do we hold ourselves out to be endorsed by, any third party content providers that may deliver content to you in the course of your use of the Services. Accordingly, you understand and agree that any decision you make to receive content and/or data in the course of using the Services is at your sole risk and responsibility, and that we shall bear no liability from you whatsoever arising out of your use of the Services, other than in accordance with the terms that have been expressly set out in this Agreement.

You further acknowledge and agree that we do not, and cannot, maintain control over the substance of the content and messages of those who are members of our affiliate program, and that characterizations of the nature and scope of the Services by such affiliates should not, and cannot, be relied upon as an accurate characterization of the nature and scope of the Services. Accordingly, you understand and agree that all characterizations of the Services that do not expressly originate from the Website should not, and cannot, be relied upon as accurate characterizations of the nature and scope of the Services, and that we do not endorse any message regarding, or characterization of, the Services that has not originally been posted by us to this Website.

Not with standing anything herein, as a condition of your use, and/or your continuing use, of the Services, you understand and agree that in no event shall the total liability of Digiport OU – including its employees, assigns, affiliates, agents, commercial associates, merchants or licensors – for all damages, losses, and causes of action, whether in contract, in tort, or otherwise, either jointly or severally, exceed the aggregate dollar amount of the unused portion of your subscription, prorated annually, as dated from the time you file any claim for damages (if you are on the annual subscription plan), or exceed the aggregate dollar amount paid by you to us in the thirty (30) days prior to the date of any claimed injury or damage (if you are on the monthly subscription plan).

仲裁条款

Notwithstanding anything herein, you agree that in the event of any legal dispute you have with us regarding the interpretation of these terms herein, and in the event of any legal dispute you have with us pertaining to your use of the Services, you will forego litigation and take the matter to binding arbitration should you choose to proceed with your dispute, pursuant to the applicable laws Thailand. You agree that the arbitration, should you choose to proceed, will take place in the City of Bangkok, Thailand, and that you shall pay your proportionate share of the costs of arbitration. You agree that any arbitration shall be decided in accordance with the overall spirit, purposes, and commercial intent of this Agreement, notwithstanding any disagreement or dispute you may have over the interpretation of any particular term(s) herein. You further agree that any arbitration award in your favor shall not exceed the aggregate dollar amount for all causes and claims of damage and liability as specified herein.

服务可用性

Actual service coverage, speeds, locations and quality may vary. We will attempt to make the Services available at all times except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control, including, but not limited to, emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, and poor signal strength. You acknowledge that, under such circumstances, the Services may be interrupted, limited, or curtailed. We are not responsible for loss of data, nor for messages or pages lost, not delivered, delayed or misdirected, due to interruptions caused by performance issues with the Services. We may impose usage or service limits, suspend Services, or block certain kinds of usage in our sole discretion to protect users of the Services. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.

Information on 支持页面 据我们所知，代表了系统的当前状态。这并不意味着“支持”列表可通过全球所有提供商获取。此外，支持的网站和服务列表可能会在不通知的情况下更改，我们无法保证即使过去运行正常，我们的服务也能持续可用。

服务交付

收到成功付款通知后，服务将自动激活。您的账单周期从我们收到您的付款之日开始。

终止条款和退款政策

月度订阅计划： 按月付费的用户可以随时取消其账户。由于月度订阅的未使用部分不予退款，因此如果您不希望被收取当月费用，您有责任确保在下个月账单周期开始之前取消订阅。取消通知必须以书面形式（通过电子邮件或通过我们的计费系统在线）提交给我们方为有效。取消自我们收到您的取消通知之日起生效。您理解并同意，退款（如有）由我们全权酌情决定，并且您无权根据本计划获得任何其他退款。

如果账户持有人因违反本协议条款而被终止，则该终止将被视为账户持有人主动取消，自账户持有人被终止之日起生效。

账户政策

您有责任维护您的安全凭证和/或密码（如有）的机密性，并对您向任何第三方披露或促使披露您的密码或安全凭证所造成的任何损害负责。如果发生安全漏洞，在您通过信函或电子邮件书面通知我们之前，您仍将对服务的任何未经授权使用承担责任。

隐私政策

本网站不主动监控用户的不当行为，也不会保留任何客户互联网活动的直接日志。但是，我们保留调查我们认为是非法或违反协议条款的事项的权利。我们可能——但没有义务——自行决定，不经通知，通过任何方式删除、阻止、过滤或限制我们认为实际或潜在违反协议中规定的限制的任何材料或信息（包括但不限于电子邮件），并采取行动禁止可能使我们或我们的客户承担责任的任何其他活动。

我们绝不会故意泄露任何私人电子通信或个人客户信息，除非执法部门或法律要求我们这样做。

知识产权

以侵犯商标、版权和任何其他知识产权的方式使用服务，是对协议条款的严重违反。在使用服务的过程中，如果您促使第三方向您提供内容，您承诺向任何第三方内容提供商支付您应支付的所有补偿，以换取他们向您提供内容。在使用服务时从事任何盗版行为——例如，在未向内容服务提供商支付应付补偿的情况下访问第三方付费内容服务——是严格禁止的，任何此类违规行为一旦引起我们的注意，将导致您的账户立即终止。

不竞争契约

作为您使用和/或继续使用服务的条件，您承诺不将您的账户和在我们这里的注册用作收集信息和/或洞察的手段——无论是为您自己和/或为任何个人或公司关联方——用于开发任何可能被合理视为与本网站和服务具有竞争关系的商业企业。作为您使用和/或继续使用服务的条件，您承认并理解我们保留寻求全部损害赔偿和补偿的权利，包括但不限于收入核算，这些损害赔偿和补偿是由于您利用您的账户持有者身份和视角来开发或协助任何人（无论是个人还是公司）开发任何可能被合理视为与本网站和服务具有竞争关系的商业企业而产生的。

总结条款

如果协议中的任何条款被认定为模糊、不确定或无效，所有其他条款仍应保持完全有效。如果协议中的任何条款或情况被认定为模糊或不确定，您同意，任何模糊或不确定条款或情况的解决应根据本协议中规定的总体精神、一般目的、商业意图和承诺进行。

本协议在所有方面均受泰国法律管辖和解释。