VPNTunnel Terms and Conditions
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE VPNTUNNEL SERVICE.
1. AGREEMENT
This is an agreement between VPNTunnel and you to provide VPNTunnel's VPN service ("the Service"). By establishing an account, using the Service, using VPNTunnel-provided software or indicating agreement through the website, you agree to be bound by this Agreement, including future revisions and to use the Service in compliance with the current VPNTunnel Acceptable Use Policy. The most recent versions of all VPNTunnel agreements and policies may be found at www.vpntunnel.co.uk/terms/.
2. TERM
This agreement will continue on a month-to-month basis until the service is cancelled. VPNTunnel reserves the right to change prices of the Service upon 30 days notice. VPNTunnel reserves the right to change features of the Service at any time. Current Service prices and features may be obtained by visiting our website www.vpntunnel.co.uk.
3. THE SERVICE
The service will include access to VPNTunnel's VPN (Virtual Private Network) service. From time to time VPNTunnel may impose reasonable rules and regulations regarding the use of the Services.
The Service speed can vary depending on location, line quality, Internet traffic, and other factors beyond the control of VPNTunnel. VPNTunnel does not guarantee upload or download speeds. The Service may only work using certain internal network configurations and/or proxy server configurations. Some services may require the use of specific hardware and/or software and may be limited by specific geographic location.
Your Service is limited in the amount of data that you can upload and/or download each month ("bandwidth"). Please see the description of your particular Service by referring to the appropriate product page at www.vpntunnel.co.uk for more information. If during any month, you exceed a monthly bandwidth limit associated with your Service, VPNTunnel may suspend your account until additional bandwidth is purchased.
IP addresses you may be assigned as part of the Service are VPNTunnel's property and VPNTunnel may alter or replace them at any time.
4. CANCELLATION
VPNTunnel only accepts cancellation by Trouble Ticket. We do NOT accept cancellations by email. Accounts are set to close 14 days after the last payment was accepted. You will be issued a confirmation email as your only proof of cancellation. We are not required to grant refunds or credits for any prior use including partial use during the last month of cancellation. If you do cancel by one of the prescribed methods and are mistakenly billed again, we will refund any erroneous charges upon proof of cancellation, provided this is submitted in writing 60 days after the payment is recieved. To cancel the Service you must submit a ticket to VPNTunnel's Customer Service Department , stating you wish to cancel your account.
5. LIMITED 30-DAY MONEY-BACK GUARANTEE
VPNTunnel offers a thirty (30) day money back guarantee on the Service. Within the first thirty (30) days, you may cancel your Service by notifying VPNTunnel by raising a ticket with the VPNTunnel's Customer Service Department. provided that the following conditions are met:
- You have used no more than 5GB of total data transfer, and
- You have remained connected for no longer than 6 hours, and
- Your account is held in good standing.
In such case, you will receive a full refund of any amounts paid pursuant to this Agreement. After the initial thirty (30) day period, the VPNTunnel Services shall be deemed accepted for all purposes, provided no written claim has been received by VPNTunnel within such thirty (30) day period.
6. ACCOUNT REQUIREMENTS
In order to order and receive the Service, you must be at least 18 years old and may have to provide a valid credit card or other forms of payment. The Service must be available to your location. The Service requires an active telephone, cable, satellite or wireless service that provides TCP/IP connectivity to the Internet in order for the Service to work. You are responsible for charges for the Service regardless of the status of these separate services. Your computer may have to meet certain minimum requirements, which may be found on the VPNTunnel Homepage.7. PAYMENT
You will be charged a monthly service fee and applicable taxes and other fees. VPNTunnel may offer, from time to time, certain promotions with different terms, activation fees, and monthly charges.
You agree to pay all taxes, surcharges, and fees set by the government. We may not always give advance notice of changes to these items.
You are responsible for any charges to your account. Questions regarding charges to an account should be directed to VPNTunnel's Customer Service Department. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.
Charges may be billed to your Paypal account each month for the Service. VPNTunnel is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by VPNTunnel.
8. YOUR ACCOUNT, PASSWORD, AND SECURITY
Upon registration, you will receive a username, password, and other account information. You are the only authorized user of your VPNTunnel account and must comply with this Agreement. You must keep your password confidential so that no one else may access the Services through your account. You must notify VPNTunnel immediately upon discovering any unauthorized use of your account.
9. MONITORING THE SERVICES
VPNTunnel has no obligation to monitor the Services, but may do so for diagnostic reasons.
10. DISCLAIMERS AND WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. VPNTUNNEL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. VPNTUNNEL MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH VPNTunnel OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY VPNTUNNEL OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. VPNTUNNEL AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, VPNTUNNEL'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING THE THREE MONTHS IMMEDIATELY PRECEDING A CLAIM.
VPNTUNNEL SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER; SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING THE SERVICES; YOUR RELIANCE ON OR USE OF THE EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, TRANSMISSIONS, OR ANY FAILURE OF PERFORMANCE OF THE EQUIPMENT OR SERVICES;THE USE OF THE EQUIPMENT OR SERVICES BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY, COMPLETENESS,AND USEFULNESS OF ALL SERVICES, PRODUCTS,AND OTHER INFORMATION,AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR THE INTERNET.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF VPNTunnel, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION, WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST VPNTunnel IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE.YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM COUNTRY TO COUNTRY.
11. JURISDICTION
- The Service is provided by Jan Mulders trading as VPNTunnel, Flat 2/2 1 Woodlands Terrace, Glasgow, Scotland, G3 6DD.
- Complaints and questions about the service should be directed to VPNTunnel's Customer Service Department or via email to complaints@vpntunnel.co.uk.
12. MISCELLANEOUS
This Agreement, the Acceptable Use Policy, and VPNTunnel's other Agreements and policies posted on VPNTunnel's Web site constitute the entire agreement between you and VPNTunnel with respect to your use of the Service. VPNTunnel may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on VPNTunnel's Web site: (www.vpntunnel.co.uk) and/or on your start pages and/or by email and/or in our various publications and mailings to you. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of VPNTunnel.
You may not assign your rights or delegate any of your duties under this Agreement without the prior written consent of VPNTunnel, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this Agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. VPNTunnel will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of VPNTunnel as reflected in the original provision. Nothing in this Agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other form of joint enterprise between the parties. VPNTunnel may subcontract any work, obligations or other performance required of VPNTunnel under this Agreement without your consent.
You shall indemnify and hold VPNTunnel harmless against all third party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), attorney's fees and expenses that VPNTunnel may sustain or incur by reason of any breach or alleged breach of any term or condition of this Agreement, the Acceptable Use Policy, and VPNTunnel's other agreements and policies and for any act or omission of you or your clients which are in any way related to the VPNTunnel Service.