VPN Machine Terms of Service
These Terms of Service represent the agreement between ArtSec Group LLC d/b/a VPN Machine (“VPNM”) and you (the “Agreement”) for virtual private network communications services, (the “Services”) and governs your use of the Services. This Agreement represents the entire agreement between VPNM and you with respect to the Services. If any part of this Agreement is deemed void, invalid, unenforceable or inoperative by a court of competent jurisdiction, this decision will not affect any other provision of this Agreement and the remainder of this Agreement will continue to be in full force and effect as though the void, invalid, unenforceable or inoperative provision was not contained herein at all.
YOU HEREBY EXPRESSLY AGREE THAT YOUR ACTIVATION AND USE OF THE SERVICES REPRESENTS YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT AND IN CONNECTION THEREWITH YOU HEREBY WARRANT AND REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO AND ACCEPT THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE SERVICE OR THE VPNM WEBSITE.
1. Usage Policy
a. You agree to comply with all applicable laws and regulations in connection with your use of the Services. You further agree that you or anyone using your account will not engage in any of the following activities:
i. Hacking or attacking other computers, servers, or networks on the Internet.
ii. Hacking VPNM’s servers and/or resources.
iii. Sending or transmitting unsolicited advertisements or content (spam) over the VPNM Services, whether via email, usenet, or any other communication channel.
iv. Sending or transmitting any illegal content over the VPNM Services, whether via email, usenet, or any other communication channel including, without limitation, child pornography.
v. Uploading, posting, reproducing, or distribution of any content protected by copyright, or other intellectual property or proprietary right, or that would otherwise infringe upon the rights of any third party without first having obtained express written permission therefor.
vi. Engaging in any conduct that restricts or inhibits any other user from using the VPNM Services.
vii. Attempting to access, probe, or connect to computing devices without proper authorization.
viii. Posting to or transmitting through the VPNM Services any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind including, but not limited to, any material which encourages conduct that may constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law.
ix. Using the VPNM Services for anything other than lawful purposes.
b. VPNM reserves the right to install, manage and operate one or more monitoring or other solutions designed to assist VPNM in identifying and/or tracking activities that VPNM considers to be illegal or violations of this Agreement. VPNM may, in its sole discretion and without notice to you, remove, block, filter and/or restrict by any means any materials or information (including but not limited to emails) that VPNM considers to be actual or potential violations of the terms of this Agreement and any other activities that may subject VPNM or its users to liability. VPNM disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted via the Services and/or into your computing device.
c. VPNM reserves the right to install, manage, and operate one or more software or other solutions designed to manage bandwidth and service utilization.
e. In addition to any other remedies that VPNM may have at law or in equity, all of which are hereby expressly reserved, any violations by you of this Usage Policy will result in termination of your account, without any refund of amounts previously paid by you for the Service. In addition, you agree to indemnify and hold VPNM harmless from any and all any damages, costs, expenses, fees (including attorneys’ fees) paid by or on behalf of VPNM which are a direct or indirect result of a violation by you of this Usage Policy and/or a violation of any other terms of this Agreement.
2. Content Policy
a. VPNM does not control, nor is VPNM responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services. VPNM has the right, but not the obligation, to block information, transmissions or access to certain information, services, products or domains to protect the Services, the VPNM network, the public or VPNM’s users. VPNM is not a publisher of third-party content accessed through the Services and is not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties that is accessible through the Services.
3. Services Availability
a. Services coverage, speeds, locations and/or quality may vary. VPNM will use reasonable efforts to ensure that the Services are available at all times except for limited periods for maintenance and repair which shall be posted in advance or according to a pre-determined schedule. Notwithstanding the foregoing, the Services may be interrupted, refused, limited, curtailed and/or otherwise unavailable due to circumstances beyond the control of VPNM including, without limitation, emergencies, third party service failures, transmission, equipment or network problems or limitations, interference or signal strength. VPNM is not responsible for data, messages or pages lost, not delivered, delayed or misdirected due to Services interruptions, Services performance issues or issues affecting communications services or networks (e.g., T-1 lines or the Internet).
b. Network speed is an estimate and is not an indication of the actual speed at which you or the Services send or receive data. Actual network speed will vary based on configuration, compression, network congestion and other factors. The accuracy and timeliness of data received is not guaranteed and delays or omissions may occur.
c. VPNM may, in its sole discretion, impose usage or Services limits, suspend Services, or block certain kinds of usage to protect users or the Services.
4. User Account Policy
a. Access to the VPNM Services is available in calendar month or calendar year blocks of time.
b. You may cancel your membership at any time. If you cancel your membership during the first seven (7) days of your membership, then you will receive a full refund of any fees paid to VPNM. If you cancel your membership after the first seven (7) days of your membership, no refunds will be given.
c. You are responsible for all charges (e.g., HotSpot access fees, in-room network fees) and equipment (e.g., wireless card, cables) associated with connecting to the VPNM Services.
d. You are responsible for maintaining the confidentiality of your password and you are liable for any harm resulting from disclosing or allowing disclosure of any password. In the event of a breach of security of your account, you will remain liable for any unauthorized use of the VPNM Services.
e. Account churning and concurrent log-ins for the same account are prohibited.
f. No refunds will be issued if your account is terminated for violation of the terms of this Agreement.
g. VPNM reserves the right to terminate your account immediately upon notice to you for violating any term of this Agreement.
5. Limitation of Liability and Disclaimer of Warranty
a. YOU HEREBY EXPRESSLY AGREE THAT USE OF THE VPNM SERVICES IS AT YOUR SOLE RISK. NEITHER VPNM, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANTS THAT THE VPNM SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO ANY OF THE AFORESAID MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VPNM SERVICES, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE VPNM SERVICES. NEITHER VPNM NOR ANY OF ITS INDEPENDENT NETWORK SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, THAT ACCESS WILL BE AVAILABLE FROM YOUR LOCATION.
b. THE VPNM SERVICES ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VPNM, ITS EMPLOYEES, AGENTS (INCLUDING USER REPRESENTATIVES OR GUIDES), THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
c. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL VPNM, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE VPNM SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE VPNM SERVICES INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A USER ON ANY INFORMATION OBTAINED ON THE VPNM SERVICES OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO VPNM RECORDS, PROGRAMS OR SERVICES. USER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH 5 SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE VPNM SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES VPNM’S LIABILITY IS HEREBY LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
d. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF VPNM OR ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS OR LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE DOLLAR AMOUNT PAID BY YOU TO VPNM IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
e. The foregoing limitations of liability and damages are made in consideration of establishing the price of the VPNM Services. The foregoing provisions of this paragraph 5 are for the benefit of VPNM, its employees, directors, affiliates, agents, information providers, merchants and licensors.
6. Governing Law
This Agreement is governed by the Laws of the State of Texas (exclusive of its choice of law rules). Exclusive jurisdiction and venue for all matters in this agreement shall be in courts located in Tarrant County, Texas and you hereby consent to such jurisdiction and venue.