Off The Record VPN Terms of Service

This is an agreement between you and OffTheRecordVPN.com (“Company”, "us", "our" or "we") which sets forth the legally binding terms for your use of OffTheRecordVPN.com which is owned and operated by 10504505 Canada Inc. ("Site"). These Terms apply to the services, software, and applications the Company Applications provide (collectively, "Service(s)").

Please also see our Privacy Policy found at https://offtherecordvpn.com/privacy-policy which is incorporated into these Terms by reference, for more information about how we collect, use, and share information about our members and visitors to our Site.

The service may be accessed from all around the world, so it is your responsibility to assess whether using the Site, Software, or Services is in compliance with your local laws and regulations. We reserve the right to update or change these Terms at any time by posting the most current version of the Terms on the Site. It is your responsibility to periodically check for new terms of services, and if you keep using the Services after we post any changes it means you agree and accept them.

USE OF SERVICES

We aim to provide the best service possible to all of our Subscribers. In that sense, we require that you do not misuse our Services. We reserve the right to take appropriate measures when our Services are being used contrary to these Terms and applicable laws. You agree not to use our Service to:

• Send or transmit or disseminate in any way unsolicited advertisements or content (i.e., “spam") over the Service.

• Send, post, or transmit or disseminate in any way any content which is illegal, hateful, threatening, insulting, or defamatory; infringes on intellectual property rights; invades privacy; or incites violence.

• Upload, download, post, reproduce, or distribute any content protected by copyright or any other proprietary right without first having obtained permission from the owner of the proprietary content.

• Upload, download, post, reproduce, or distribute any content that includes sexual or explicit depictions of minors.

• Engage in any conduct that restricts or inhibits any other Subscriber from using or enjoying the Service.

• Attempt to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”).

• Attempt to compile, utilize, or distribute a list of IP addresses operated by the Company in conjunction with the Service.

• Use the Site for any illegal purpose, in violation of any applicable laws or regulations;

• Publish web pages that contain links that initiate downloads of copyright-infringing or other illegal material;

• Electronically stalk or otherwise electronically harass another;

• Engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law;

• Post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site;

• Use the services in any manner that could damage, disable, overburden or impair the Company server or the networks) connected to any Company server, or interfere with any other party’s use of the Services.

Personal Use. The Company Services offered are intended for your personal, non-commercial use in accordance with these Terms.

Modification to Services. Company has the right to modify its Service at any time in its sole discretion, with or without notice. Your only right with respect to any dissatisfaction with the Services is to cancel your membership.

Registration. Upon subscribing to any of our Services you will be asked to choose a password and a user/account name. You may not use a user/account name that is vulgar or otherwise offensive (as determined by Company), infringes any trademark or other proprietary rights of others, or is used in any way that violates the Terms. You will only create one unique profile for the Services provided.You are entirely responsible for any and all activities that occur under your account. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you will be liable for losses incurred by Company or another party due to someone else using your account or password. You may not use anyone else's account at any time.

Accurate Information. For purposes of identification and billing, you agree to provide Company with accurate, complete, and updated information required by the Site's membership registration ("Registration Information"), name or username, email address, and applicable payment information (e.g., credit card number, email address, and expiration date) and other necessary Billing information and provide Company and its third party payment processor express authorization to charge the applicable fees and any applicable taxes at the time of purchase or renewal.

Verification of Registration. When you register and provide Billing Information and Payment Card we will verify that information. You authorize us to verify your Billing Information and Payment Card by placing a pending charge on your Payment Card when you register as a member, and prior to each subsequent periodic charge. Pending charges are temporary (typically three (3) to seven (7) days in length) and will not be converted into an actual charge to you. Pending charges will, however, reduce the available amount of credit or debit capacity on your Payment Card in the amount of ONE DOLLAR ($1.00), One (€1.00) Euro or One (£1.00) Great British Pound per pending charge.This is not a charge and is usually returned to your balance within 72 hours. Please note that release times are dictated by the card issuers and our outside of our control.

Membership. Company provides three (3) types of memberships: when you register on the Site you can join a free membership which provides you with access to the Services for a limited period. You may also select premium memberships which provides you unlimited access to the Services under various term lengths and prices.

Free Trials. From time to time, the Company may offer a free trial period for the Service to first-time customers. Unless otherwise specified, this offer is limited to one (1) free trial subscription per person and/or email address. When such an offer is made, at the time of registration for your free trial, your Payment Card will be authorized but your Payment Card will not be charged until the expiration of the free trial period unless you accept another offer during your free trial as stated on any offer page..

UPON COMPLETION OF THE FREE TRIAL PERIOD, YOUR PREMIUM MEMBERSHIP SUBSCRIPTION WILL RENEW AUTOMATICALLY UNDER THE ONE (1) MONTH (30 DAY) PREMIUM MEMBERSHIP PLAN, REGARDLESS OF THE LENGTH OF YOUR FREE TRIAL PERIOD. Your Payment Card will be charged the recurring monthly membership fees and any applicable sales tax on the day following the expiration of your free trial period, unless you have chosen to cancel your subscription prior to the conclusion of the free trial period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT CARD.

CANCELLATION AND REFUND POLICY

We want you to be fully satisfied with our services. However, we will troubleshoot an issue you experience first. There are several nuances to a VPN service configuration and we solve 99% of issues encountered. Off The Record VPN reserves the right to suspend, terminate, or refuse service to anyone at any time for any reason. No refunds will be considered for accounts deleted for violation of our Terms of Service.

Payments made using pre-paid cards or gift cards will not be refunded. For payments made in Bitcoin, the equivalent amount in US Dollar will be refunded in Bitcoin, regardless of exchange rate fluctuations. You can cancel your membership at any time and you will not be charged for the subsequent renewal terms.

PROPRIETARY RIGHTS

License Upon payment of the membership Fee and subject to your compliance with these Terms, Company grants to you a non-exclusive and limited license to download and use the Software and or Service.You acknowledge that you do not acquire any ownership rights in the Service. The Services and all material published on the site or Company Applications, including, but not limited to text,software, source code, code, formulas, images, video, text, graphics, audio, text, and other materials (together "Content" or “Software”) is owned by the Company or its licensors and is protected at law. All trademarks, service marks, trade names, and trade dress appearing on the Sites ("Marks") are proprietary to Off The Record VPN and/or our licensors or licensees. You agree not to copy, reverse engineer, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, Applications or the Services.

TERMINATION

You may terminate your membership to any Service at any time, for any reason. We can suspend or terminate your access to the Services, in whole or in part, at any time, immediately and without notice.

GENERAL

Age Requirements. You represent and warrant that you are at least eighteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Services.

Disclaimers. We will strive to prevent interruptions to the Site and Services. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement. We do not make any warranty that the Services will meet your requirements, or that it will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. You acknowledge that you access the Site and Services at your sole risk and discretion.

You understand that the service coverage, speeds, server locations, and quality may vary. We will attempt to make the Service available at all times. However, the Service may be subject to unavailability for a variety of factors beyond our control, including but not limited to emergencies; third-party-service failures; or transmission, equipment, or network problems or limitations, interference, or signal strength; and may be interrupted, refused, limited, or curtailed. We are not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Service, communications services, or networks. We may impose usage or Service limits, suspend Service, terminate VPN accounts, or block certain kinds of usage in our sole discretion to protect Subscribers or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. We reserve the right to perform regular or planned or unplanned maintenance to our virtual products due to technology improvements or bugs, and you may or may not be notified of these changes before they occur.

Security. We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Limitations of Liability. Off The Record VPN shall not be liable and shall not have responsibility of any kind to you or any other individual for any loss or damage that you incur in the event of:
any failure or interruption of the Site or Service;
any act or omission of any Third Party involved in making the Site or Service or the data contained therein available to you;
your interactions on the Site or Service;
your failure to comply with this Agreement; or
the cost of procurement of substitute goods or services.

In no event will the Company, its partners, affiliates, subsidiaries, members, officers, or employees be liable for any direct, special, indirect, consequential, or incidental damages, or for any other loss or damages of any kind, even if they have been advised of the possibility thereof. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnity/Release. You understand that you are personally responsible for your behavior while accessing or using the Services and agree to indemnify and hold Off The Record VPN, and its affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the "Indemnified Parties"), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the Services or your violation of either these Terms, applicable law or the rights of any third party. If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction).

Governing Law/Disputes. These Terms shall be governed by and construed in accordance with the laws of United Kingdom without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and Off The Record VPN  (‘Dispute") shall lie in courts of United Kingdom. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to the Site, the Services, the content or the Off The Record VPN Applications must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.

Contact Us. Please Contact Us with any questions by email us at: support@offtherecordvpn.com
Copyright (c), 2018, Off The Record VPN. All rights reserved.