Terms and Conditions
PLEASE READ THE AGREEMENT CAREFULLY BEFORE PROCEEDING WITH ACCESSING THE WEBSITE, SERVICES AND/OR DOWNLOADING OR INSTALLING THE SOFTWARE. BY ACCESSING THE WEBSITE, SERVICES AND/OR DOWNLOADING THE SOFTWARE, YOU CONSENT TO BE BOUND BY AND AGREE TO THE TERMS AND CONDITIONS OF THE AGREEMENT. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT BECOME A USER, ACCESS THE WEBSITE, SERVICES OR DOWNLOAD THE SOFTWARE.
1. Fees. You may access the Services and Software provided for free, but the amount of servers made available for your private network will be limited to a specific number when registered as a “Free User.” Additional server access will be available when you register for one of the paid subscription plans made available on the Website (hereby known as “Paid User”). Upon submitting your Registration (as defined below) as a Paid User, and receiving approval from Company, the credit or debit card that you provided during registration or updated at a later date ("Payment Card"), or your PayPal® account, as applicable, will be charged the applicable amount depending on the Paid User subscription package selected from the options below.
(a) Where you select the monthly subscription plan (“Monthly Paid User”), your Payment Card or PayPal® account, as applicable, will be charged a monthly fee of Nine Dollars and Ninety-Nine Cents ($9.99). Membership will renew every thirty (30) days at Nine Dollars and Ninety-Nine Cents ($9.99) until canceled. You acknowledge and agree that Company will not obtain any additional authorization from you for this recurring payment. Every time that you use the Services and/or Software, you re-affirm that Company is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.
(b) Where you select the ninety (90) day subscription plan (“Ninety Day Paid User”), your Payment Card or PayPal® account, as applicable, will be charged a fee of Twenty-Four Dollars and Ninety-Nine Cents ($24.99). Membership will renew every ninety (90) days at Twenty-Four Dollar and Ninety-Nine Cent ($24.99) until canceled. You acknowledge and agree that Company will not obtain any additional authorization from you for this recurring payment. Every time that you use the Services and/or Software, you re-affirm that Company is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.
(c) Where you select the bi-annual subscription plan (“Bi-Annual Paid User”), your Payment Card or PayPal® account, as applicable, will be charged a fee of Forty-Four Dollars and Ninety-Nine Cents ($44.99). Membership will renew every six (6) months at Forty-Four Dollar and Ninety-Nine Cent ($44.99) until canceled. You acknowledge and agree that Company will not obtain any additional authorization from you for this recurring payment. Every time that you use the Services and/or Software, you re-affirm that Company is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.
(d) Where you select the annual subscription plan (“Annual Paid User”), your Payment Card or PayPal® account, as applicable, will be charged a fee of Seventy-Four Dollars and Ninety-Nine Cents ($74.99). Membership will renew every one (1) year at Seventy-Four Dollar and Ninety-Nine Cent ($74.99) until canceled. You acknowledge and agree that Company will not obtain any additional authorization from you for this recurring payment. Every time that you use the Services and/or Software, you re-affirm that Company is authorized to charge your Payment Card or PayPal® account, as applicable, and to have the fees applied to same.
Items (a) through (d) above shall be referred to collectively herein as the "Fees." All Fees will appear on your Payment Card bill or in your PayPal® account, as applicable, as "VPNDirect".
All Fees are payable in United States currency. Failure to use the Services and/or Software does not constitute a basis for refusing to pay any of the associated Fees. Subject to the conditions set forth herein, you agree to be bound by the Billing Provisions (as defined below) of Company in effect at any given time. Upon reasonable prior written notice to you (with e-mail sufficing), Company reserves the right to change its Billing Provisions whenever necessary, in its sole discretion. Continued use of the Services and/or Software after receipt of such notice shall constitute consent to any and all such changes; provided, however, that any amendment or modification to the Billing Provisions shall not apply to any charges incurred prior to the applicable amendment or modification.
Company’s authorization to provide and bill for the Services and/or Software is obtained by way of your electronic signature or, where applicable, via physical signature and/or voice affirmation. Once an electronic signature is submitted, this electronic order constitutes an electronic letter of agency. Company’s reliance upon your electronic signature was specifically sanctioned and written into law when the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act were enacted in 1999 and 2000, respectively. Both laws specifically preempt all state laws that recognize only paper and handwritten signatures. Where you fail to make any scheduled payment for accrued Fees, such overdue amounts will be subject to interest charges in the amount of one and one half percent (1.5%) per month, compounded monthly. Your User Account may be deactivated, and access to the Website, Services and/or Software denied, for non-payment.
For purposes of the Agreement, "PayPal" shall mean PayPal, Inc. Please be advised that Company is not in any way affiliated with PayPal, and the Website, Services and Software are neither endorsed, nor sponsored, by PayPal. PayPal® is a registered trademark of PayPal, Inc.
2. Cancellation. You may cancel your User Account at any time if you are not completely satisfied. If you are enrolled in a recurring payment plan, to cancel your User Account, please contact us at: ; visit your User Account area on the Website and utilize the options made available therein; or email us at: . If you are not enrolled in a recurring payment plan and wish to cancel your User Account, simply cease using the Website, Software and applicable Services. You understand and agree that cancellation of your User Account is your sole right and remedy with respect to any dispute with Company. Upon any termination and/or cancellation of your User Account, your license grant, as set forth in Section 10 herein below shall immediately terminate. The following conditions apply to any Paid User Account cancellation: (a) you shall not receive any pro-rata refund of your Fees for partial months or years; and (b) you shall not receive any refund for Fees previously paid up to the date of cancellation or termination and you remain liable for any and all unpaid Fees billed by Company.
3. Requirements. The Website, Software and/or Services are available only to individuals that can enter into legally binding contracts under applicable law. The Website, Software and Services are not intended for use by individuals under eighteen (18) years of age. If you are under the age of eighteen (18), you do not have permission to use and/or access the Website and/or Services.
4. Registration. In order to obtain access to the Software and/or Services, you must first submit the applicable registration form ("Registration") to Company for review and initial approval. Company reserves the right, in its sole discretion, to deny the Registration of anyone at any time and for any reason, whatsoever.
(a) Free User: The information that you must supply on the Registration form in order to obtain a Free Plan may include, without limitation: (i) your full name; (ii) your e-mail address; (iii) your telephone number; (iv) mailing address; (v) company name (if applicable); (vi) company size and type of business (if applicable); and (vii) any other information requested by us on the Registration form (collectively, "Free User Registration Data").
(b) Paid User: The information that you must supply on the Registration form in order to obtain Paid User subscription plan may include, without limitation: (i) your full name; (ii) your e-mail address; (iii) your telephone number; (iv) mailing address; (v) company name (if applicable); (vi) company size and type of business (if applicable); (vi) your credit card information or PayPal® information (depending on your preferred means of payment); and (vii) any other information requested by us on the Registration form (collectively, "Paid User Registration Data" and, together with the Free User Registration Data, the “Registration Data”).
(c) General: You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion. Company will verify and approve all Registrations in accordance with its standard verification procedures. If Company approves your Registration as either a Free User or Paid User, you can set up your account ("User Account") by selecting your: (i) user name; and (ii) password. You can access your User Account at the Website using your user name and password, and change your user name and password at your discretion. You are responsible for maintaining the confidentiality of your User Account, user name and password and for restricting access to your personal computer (“PC”). You agree to accept responsibility for all activities that occur through use of your User Account, PC, user name and password including, without limitation, any and all purchases made there through.
5. Rejection &Termination. Company may reject your Registration and/or terminate your User Account at any time and for any reason, in our sole discretion. Such reasons may include, without limitation where Company believes that you are: (a) in any way in breach of the Agreement; and (b) at any time, conducting any unauthorized commercial activity by and through your User Account.
6. Scope/Modification of Agreement. The Agreement supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to the subject matter contained herein. Unless explicitly stated otherwise, any future offer(s) made available to you on the Website that augment(s) or otherwise enhance(s) the current features of the Website, Services and/or Software shall be subject to the Agreement. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the: (a) arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) pricing and/or billing provisions (“Billing Provisions”) shall not apply to any charges incurred prior to the applicable amendment or modification. The latest Agreement will be posted on the Website, and you should review the Agreement prior to using the Website. By your continued use of the Website, Software and/or Services, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions, or charges incurred prior to the amendment or modification of the Billing Provisions, which shall be governed by the Dispute Resolution Provisions and/or Billing Provisions then in effect at the time of the subject dispute or incurred charges, as applicable).
7. Description of the Services. Subject to the terms and conditions of the Agreement, by submitting your Registration on the Website for either a Free User plan or Paid User plan, and receiving approval from Company, you can obtain, or attempt to obtain, the Services, as provided by Company. The Services, when used in conjunction with the Software, will enable you to establish a virtual private network (“Network”) to be used to browse and, if applicable, download third-party content as made available on the Internet. Both Free and Paid Users shall be able to utilize an unlimited amount of bandwidth in connection with the operation of their Networks; provided, however, that Company can require that users reduce bandwidth usage in connection with their Networks where Company determines, in its sole discretion, that such users are using an unreasonably large amount of bandwidth.
Company does not represent or warrant that your Network will be safe or secure from theft. Company will not be liable in any respect for any failure to secure or protect the your and/or for your failure to use the Services features properly.
8. Description of the Software. Please refer to the EULA for a description of the terms, conditions, obligations and restrictions associated with the Software. For a copy of the EULA, please visit here. The Software requires your consent prior to installation. Company does not believe that users should be deceived into downloading or installing the Software. The Software can be completely uninstalled in a straightforward manner and without requiring undue effort or skill, in most cases by using the traditional "add/remove" programs function on your computer. Please be advised that in some instances, you may be required to restart your PC before all remnants of the Software are completely uninstalled and removed from your PC. For more detailed instructions on how to uninstall the Software, please review the uninstall instructions available on the Website or contact Customer Service. If you experience any problems installing and/or uninstalling the Software, please contact us via e-mail at:
THE SOFTWARE IS NOT SPYWARE OR ADWARE. THE SOFTWARE WILL NOT MONITOR HOW YOU USE YOUR PC, NOR WILL IT DELIVER ADVERTISEMENTS TO YOUR PC.
9. Deletion and Modification. We reserve the right in our sole discretion to modify and/or delete any content, information or other material appearing on the Website or made available by and through the Services and/or Software.
10. License Grant. As a user of the Website, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website and associated content in accordance with the Agreement. Company may terminate this license at any time for any reason. As a User, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the Website, Services, Software and associated content in accordance with the Agreement. Company may terminate this license at any time for any reason. No part of the Website, Services, Software or associated content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. Systematic retrieval of content or other material from the Website, Software and/or Services by automated means or any other form of scraping or data extraction in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from Company is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Website, Services, Software or any portion thereof. Company reserves any rights not explicitly granted in the Agreement. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website, Software and/or Services. You may not take any action that imposes an unreasonable or disproportionately large load on Company infrastructure. Your right to use the Website, Services, Software and associated content is not transferable.
11. Proprietary Rights. The content, organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to the Website, Software and/or Services, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by you of any part of the Website, Software and/or Services is strictly prohibited. You do not acquire ownership rights to any content, document, software, services or other materials viewed at or through the Website, Software and/or Services. The posting of information or material at the Website, or by and through the Software and/or Services, does not constitute a waiver of any right in or to such information and/or materials.
12. Representations and Warranties. User hereby represents and warrants to Company that: (a) the Agreement constitutes User's legal, valid and binding obligation which is fully enforceable against User in accordance with its terms; (b) the execution, delivery and performance by User of the Agreement will not: (i) conflict with or violate any provision of law, rule, Federal Trade Commission implementing regulation and/or court order to which User is subject; (ii) invade the right of privacy or publicity of any third party; and/or (iii) involve any libelous, obscene, indecent or otherwise unlawful material.
13. Equipment. You shall be responsible for obtaining and maintaining all telephone and computer hardware, and any and all other equipment needed for access to, and use of, the Website, Software and/or Services.
15. Indemnification. You agree to indemnify and hold Company, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, shareholders, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) your use of the Website, Software and/or Services; (b) your breach of the Agreement; and/or (c) your violation of any rights of another individual and/or entity. The provisions of this Section 15 are for the benefit of Company, its parent, subsidiaries and corporate affiliates, and each of their respective members, officers, directors, employees, agents, shareholders, licensors and/or suppliers. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
16. Disclaimer of Warranties. THE WEBSITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY, ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, COMPANY MAKES NO WARRANTY THAT: (A) THE WEBSITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY, WILL MEET YOUR REQUIREMENTS; (B) THE WEBSITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE NETWORK WILL BE SECURE; OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY, WILL BE ACCURATE OR RELIABLE. THE WEBSITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY, MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE WEBSITE, SERVICES AND/OR SOFTWARE, OR THE HARDWARE AND/OR SOFTWARE NECESSARY TO ACCESS AND USE THE WEBSITE, SERVICES AND/OR SOFTWARE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY, THE WEBSITE, SERVICES AND/OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
17. Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REGULATION, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR THE INABILITY TO USE THE WEBSITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION AND/OR SERVICES PURCHASED OR OBTAINED FROM THE WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE WEBSITE AND/OR SERVICES; (C) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, YOUR REGISTRATION DATA; (D) THE INABILITY TO QUALIFY FOR ACCESS TO THE SERVICES AND/OR SOFTWARE; AND (E) ANY OTHER MATTER RELATING TO THE WEBSITE, SERVICES AND/OR SOFTWARE, AS WELL AS ANY OTHER PRODUCT AND/OR SERVICE MADE AVAILABLE BY COMPANY. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY AND MISREPRESENTATIONS. YOU HEREBY RELEASE COMPANY FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE LIMITATION STATED HEREUNDER. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATION, THE MAXIMUM LIABILITY OF COMPANY TO YOU UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND COMPANY. THE WEBSITE, SOFTWARE AND SERVICES WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS.
18. Third Party Websites. The Website, Software and/or Services may provide links to other Internet websites and/or resources. Because Company has no control over such third party websites and/or resources, you hereby acknowledge and agree that Company is not responsible for the availability or contents of such third party websites and/or associated resources. Furthermore, Company does not endorse, and is not responsible or liable for, any terms and conditions, privacy policies, content, advertising, services, products and/or such third party websites or resources, or for any damages and/or losses arising therefrom.
19. Legal Warning. Any attempt by any individual or entity to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Website, Software and/or Services, is a violation of criminal and civil law and Company will diligently pursue any and all remedies in this regard against any offending individual or entity to the fullest extent permissible by law and in equity.
20. Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, New York and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Should a dispute arise concerning the Website, Services, Software, the terms and conditions of the Agreement or the breach of same by any party hereto, you may commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice to us which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you can submit your dispute for resolution by arbitration before a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is also available on the Website here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that you incurred for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (a) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (b) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Company and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that the Company incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement.
21. Miscellaneous. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. The Agreement is personal between you and Company and governs your use of the Website, Software and Services. To the extent that anything in or associated with the Website, Software and/or Services is in conflict or inconsistent with these Terms, these Terms shall take precedence; provided, however, that to the extent that anything in or associated with the Website and/or Services is in conflict or inconsistent with the EULA, the EULA shall take precedence, but only with respect to matters relating directly to the Software. Our failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement.
22. Contact Us. If you have any questions about the Agreement or about the practices of the Company, please feel free to contact us .