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,
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
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
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.
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
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.
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
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: firstname.lastname@example.org
Copyright (c), 2018, Off The Record VPN. All rights reserved.