Terms of Service
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site or VPN Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use the VPN Service. If these terms and conditions are considered an offer by HostVPN, acceptance is expressly limited to these terms. The Website and VPN Service are available only to individuals who are at least 13 years old.
- Your HostVPN Account. You are entirely responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with the VPN Service. You must take all necessary precautions to ensure the security and safety of your own computer(s), network(s), and devices. You must also ensure that your Account's user name(s) and password(s) remain private from any other individual(s). You must immediately notify HostVPN of any unauthorized uses of your Account or any other breaches of security. HostVPN will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Prohibited Uses. You may only use the VPN Service for lawful purposes. By using the VPN Service, you represent and warrant that:
- your activities must be in full compliance with all local, national, and international laws, as well as any applicable law set forth by the U.S. Federal Government;
- you will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you will not view, share, download, upload, distribute, or transmit any images, videos, e-mails, or websites that contains nudity of a person under the age of 18 years old ("Child Pornography").
- you will not send any unsolicited data including, but not limited to: unsolicited e-mail messages ("Spam"), unsolicited instant messages, and unsolicited SMS messages;
- you will not engage in any unsolicited advertising practices including, but not limited to: blog commenting, posting on forums, circumventing CAPTCHA systems, and using automated search engine optimization ("SEO") tools;
- you will not take part in any denial-of-service ("DoS") attack, distributed denial-of-service (DDoS attack), or any other activity that would interfere, impair, or cause harm to HostVPN or any website, service, third party entity or individual;
- you will not access any computer system, device, or third party service which you are not explicitly authorized to use;
- you will not scan the ports of other computers, devices, or networks;
- you will not scan websites, computers, devices, or networks for vulnerabilities;
- you will not transmit spyware, adware, virii (viruses), trojan horses (trojans), or any other malicious software;
- you will not engage in any fraudulent activities or make any purchase using unauthorized credit cards or any other form of payment which does not belong to You;
- you will not take part in any aspect of identity theft, stealing account information/details, or phishing;
- you will not harass or threaten any individual or entity;
- Payment and Renewal.
- General Terms.
By having an Account with HostVPN, you agree to pay HostVPN the monthly, quarterly, bi-annual, or annual subscription fees indicated for that Account's service indicated at http://www.hostvpn.com/ in exchange for VPN services. HostVPN reserves the right to change the payment terms and fees upon thirty (30) days written notice to you. Payments will be charged on a pre-pay basis on the day you sign up for an Account and will cover the use of that Account's service for the subscription period as indicated. If an Account is canceled before the subscription's renew date, You will be eligible for a pro-rated refund for any remaining month's of unused service that were pre-paid. If an Account is canceled within the first thirty (30) days of service, You will be eligible for a full refund of all payments from that Account.
- Automatic Renewal.
Unless you notify HostVPN before the end of the applicable subscription period that you want to cancel, your Account's service subscription will automatically renew and you authorize HostVPN to collect the then-applicable subscription fee for such service (as well as any taxes) using any credit card or other payment mechanism we have on record for you. You may elect to cancel your Account at any time in the Client Area which will terminate your Account and VPN Service along with any future billing charges associated to the canceled service.
- General Terms.
- Responsibility of VPN Usage. HostVPN cannot be responsible for any of your Internet activity, content, use or effects. By operating the Website, HostVPN does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, trojan horses (trojans), man-in-the-middle attacks, DoS and DDoS attacks, and anything else that may be harmful or destructive to your computer or network. The Website may contain content that contains technical inaccuracies, typographical mistakes, and other errors. HostVPN disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from using the VPN Service. By using the VPN Service or Website, you understand that:
- HostVPN's VPN Service and Website is provided on an "as is" basis without any explicit or implied guarantees, conditions, or warranties of any kind;
- HostVPN reserves the right to terminate or suspend your account without notice and without refund at any time if your Account violates these terms for any reason, in HostVPN's sole discretion;
- Copyright Infringement and DMCA Policy. As HostVPN asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by HostVPN.com violates your copyright, you are encouraged to notify HostVPN in accordance with HostVPN's Digital Millennium Copyright Act ("DMCA") Policy. HostVPN will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. HostVPN will suspend or terminate any Account's access to and use of the Website and VPN service if, under appropriate circumstances, the Account is determined to be a repeat infringer of the copyrights or other intellectual property rights of HostVPN or others. In the case of such termination, HostVPN will have no obligation to provide a refund of any amounts previously paid to HostVPN.
- Changes. HostVPN reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website or VPN Service following the posting of any changes to this Agreement constitutes acceptance of those changes. HostVPN may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. HostVPN may terminate your access to all or any part of the Website or VPN Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your VPN Service (if you have one), you must contact HostVPN. Your account will remain active until HostVPN informs you otherwise. HostVPN can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website and VPN Service is provided 'as is'. HostVPN and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HostVPN nor its suppliers and licensors, makes any warranty that the Website will be error free or that access to the Website or VPN Service will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website and VPN Service at your own discretion and risk.
- Limitation of Liability. In no event will HostVPN, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to HostVPN under this agreement during the twelve (12) month period prior to the cause of action. HostVPN shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless HostVPN, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys. fees, arising out of your use of the Website or VPN Service, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between HostVPN and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of HostVPN, or by the posting by HostVPN of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website or VPN Service will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Palm Beach County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Palm Beach County, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys. fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties. original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; HostVPN may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.