TERMS AND CONDITIONS

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License - Terms and Conditions
1. Under this End User License Agreement (the "Agreement"), privacytunnel.com (the "Vendor") grants to the user (the "Licensee") a non-exclusive and non-transferable license (the "License") to use privacytunnel Premium VPN (the "Software").
2. "Software" includes the executable computer programs and any related printed, electronic and online documentation and any other files that may accompany the product.
3. Title, copyright, intellectual property rights and distribution rights of the Software remain exclusively with the Vendor. Intellectual property rights include the look and feel of the Software. This Agreement constitutes a license for use only and is not in any way a transfer of ownership rights to the Software.
4. The Software may be loaded onto more than one computer, but only may only be used on one computer at any given time.
5. The rights and obligations of this Agreement are personal rights granted to the Licensee only. The Licensee may not transfer or assign any of the rights or obligations granted under this Agreement to any other person or legal entity. The Licensee may not make available the Software for use by one or more third parties.
6. The Software may not be modified, reverse-engineered, or de-compiled in any manner through current or future available technologies.
7. Failure to comply with any of the terms under the License section will be considered a material breach of this Agreement.

License Fee
8. The Customer must pay a fee for access to the services provided. The fee schedule shall be set forth on the sign up page on the Web Site.
This fee is subject to change without notice at the sole discretion of privacytunnel.com.
The sole remedy of the Customer in response to a fee change is to terminate the agreement at the end of the Customer’s term. Term shall be defined as 30 days for one month accounts, 90 days for quarterly accounts, 180 days for biannual accounts, and 365 days for yearly accounts.
The term shall begin on the day Service is activated for the Customer on privacytunnel.com’s servers and shall terminate at the end of the term as described in this agreement.
The term will automatically renew unless specifically requested otherwise when the Customer purchases the service.
Provider reserves the right to terminate any accounts that are not renewed at the expiration of their term.


Limitation of Liability
9. The Software is provided by the Vendor and accepted by the Licensee "as is". Liability of the Vendor will be limited to a maximum of the original purchase price of the Software. The Vendor will not be liable for any general, special, incidental or consequential damages including, but not limited to, loss of production, loss of profits, loss of revenue, loss of data, or any other business or economic disadvantage suffered by the Licensee arising out of the use or failure to use the Software.
10. The Vendor makes no warranty expressed or implied regarding the fitness of the Software for a particular purpose or that the Software will be suitable or appropriate for the specific requirements of the Licensee.
11. The Vendor does not warrant that use of the Software will be uninterrupted or error-free. The Licensee accepts that software in general is prone to bugs and flaws within an acceptable level as determined in the industry.

Warrants and Representations
12. privacytunnel.com gives no warranty or guarantee in relation to the performance, features, compatibility, content or otherwise of any connected Internet service or host/computer connected to the Service. privacytunnel.com disclaims all warranties, including all implied warranties of merchantability and suitability for a particular purpose.
The Disclaimer made by privacytunnel.com of all responsibilities or warranties, more fully set forth above in section I.B., is herein incorporated by reference. Customer acknowledges and agrees to be bound by the Disclaimer of section I.B. above in addition to the warranties disclaimed under this section.


Acceptance
13. All terms, conditions and obligations of this Agreement will be deemed to be accepted by the Licensee ("Acceptance") on installation of the Software.

Term
14. The term of this Agreement will begin on Acceptance and is perpetual.

Termination
15. This Agreement will be terminated and the License forfeited where the Licensee has failed to comply with any of the terms of this Agreement or is in breach of this Agreement. On termination of this Agreement for any reason, the Licensee will promptly destroy the Software or return the Software to the Vendor.

Force Majeure
16. The Vendor will be free of liability to the Licensee where the Vendor is prevented from executing its obligations under this Agreement in whole or in part due to Force Majeure, such as earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event where the Vendor has taken any and all appropriate action to mitigate such an event.

Additional Terms
17. Before using privacytunnel Premium VPN be sure to read and understand the privacytunnel terms and conditions located at www.privacytunnel.com
Governing Law
18. The Parties to this Agreement submit to the jurisdiction of the courts of the State of North Dakota for the enforcement of this Agreement or any arbitration award or decision arising from this Agreement. This Agreement will be enforced or construed according to the laws of the State of North Dakota.

Miscellaneous
19. This Agreement can only be modified in writing signed by both the Vendor and the Licensee.
20. This Agreement does not create or imply any relationship in agency or partnership between the Vendor and the Licensee.
21. Headings are inserted for the convenience of the parties only and are not to be considered when interpreting this Agreement. Words in the singular mean and include the plural and vice versa. Words in the masculine gender include the feminine gender and vice versa. Words in the neuter gender include the masculine gender and the feminine gender and vice versa.
22. If any term, covenant, condition or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, it is the parties' intent that such provision be reduced in scope by the court only to the extent deemed necessary by that court to render the provision reasonable and enforceable and the remainder of the provisions of this Agreement will in no way be affected, impaired or invalidated as a result.
23. This Agreement contains the entire agreement between the parties. All understandings have been included in this Agreement. Representations which may have been made by any party to this Agreement may in some way be inconsistent with this final written Agreement. All such statements are declared to be of no value in this Agreement. Only the written terms of this Agreement will bind the parties.
24. This Agreement and the terms and conditions contained in this Agreement apply to and are binding upon the Vendor's successors and assigns.

I. General Legal Disclaimer
A. Definitions
privacytunnel.com shall refer to the entity operating the web site and providing the services offered on that web site.
Service shall refer to the services offered by privacytunnel.com at its web site relating to utilizing a web proxy server that encrypts data transmitted between a user’s computer and the proxy server and forwards all data to a single port for the purpose of protecting the data in the stream and the identity of the user.
NOTE: The Service increases protection, but is not a guarantee, of complete privacy.
Web Site shall, unless otherwise noted, refer to www.privacytunnel.com.
Customer or You or User shall refer to the person or entity purchasing, applying for service, or using the Service.
B. Disclaimer
Please read and review this document carefully before accessing further information on this Web Site. By proceeding to access this Web Site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, please do not access or use this Web Site.
privacytunnel.com may modify this agreement and its terms and conditions, and such modified agreement shall be effective immediately upon posting. Your continued access to or use of this Service shall be deemed your conclusive acceptance of the agreement and its terms and conditions and any modifications thereto.
privacytunnel.com has attempted to provide information that is accurate, complete, and reliable as of the time it was published or posted on this Web Site. However, privacytunnel.com makes no representation about the suitability or accuracy of the content provided by third parties or other information published on this site. All documents and related graphics are provided "As Is" without warranty of any kind, either express or implied.
privacytunnel.com hereby disclaims all responsibility or warranties with regard to content or Services or both provided by privacytunnel.com or by third parties, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement.
privacytunnel.com neither makes nor implies a warranty as to the accuracy, completeness, or reliability of the Service or content provided herein, including, without limitation, information regarding privacytunnel.com’s planned or prospective Service offerings or Service coverage. privacytunnel.com disclaims all liability for technical inaccuracies, typographical errors, or other errors or omissions contained within this Web Site. privacytunnel.com does not warrant that this Web Site or the server that makes it available are free of viruses or other harmful components, nor that access to this Web Site will be uninterrupted or error free, and privacytunnel.com assumes no responsibility for any and all damage caused thereby. By proceeding to access this Web Site, you hereby assume the entire risk of relying upon the information provided herein.
In no event shall privacytunnel.com be liable for any damages, including, without limitation, special, direct, indirect, incidental, consequential, punitive, lost profits, or other damages arising from or in connection with the use, inability to use, or loss of the data contained within this Web Site or the Service, whether in an action of contract, negligence, third party claim, other tortuous action, or any other action or claim. This disclaimer applies to any damages, injury or loss caused by any failure in performance, error, defect, interruption, deletion, delay in operation or in the transmission thereof to the user, or for any other claims or losses arising there from or occasioned thereby.
privacytunnel.com may make changes to the information provided in this Web Site, or to the products or services provided herein, at any time without notice. However, privacytunnel.com has no obligation to provide such modifications or updates or to continue to provide access to this Web Site and may discontinue this Web Site at any time in its sole discretion.
II. User Agreement
This contract is agreed to between privacytunnel.com and the Customer,
WHEREAS: privacytunnel.com owns and operates as a service provider;
privacytunnel.com agrees to provide the Service to Customer subject to the terms set forth in this Agreement.
Customer has requested services from privacytunnel.com to be used by the Customer.
Customer asserts that they are at least 18 years of age, or of the legal age of majority in their jurisdiction and are qualified to enter into a binding contract.
A. Services to be provided by privacytunnel.com
privacytunnel.com will provide the Service to the Customer in accordance with the terms and conditions of this Agreement.
IMPORTANT NOTE: The Service is meant to provide the Customer with increased protection, but in no way is the Service guaranteed to provide the Customer with complete privacy.
The Service will include provision of and access to the following: Direct access to Newsfeeds.com servers through the protected servers for the purpose of protecting the identity of the user and the browsing habits of the user.
privacytunnel.com is not responsible for customers who abuse the services provided by the Web Site, or who abuse the Web Site.
Fees and Term
The Customer must pay a fee for access to the services provided. The fee schedule shall be set forth on the sign up page on the Web Site.
This fee is subject to change without notice at the sole discretion of privacytunnel.com.
The sole remedy of the Customer in response to a fee change is to terminate the agreement at the end of the Customer’s term. Term shall be defined as 30 days for one month accounts, 90 days for quarterly accounts, 180 days for biannual accounts, and 365 days for yearly accounts.
The term shall begin on the day Service is activated for the Customer on privacytunnel.com’s servers and shall terminate at the end of the term as described in this agreement.
The term will automatically renew unless specifically requested otherwise when the Customer purchases the service.
Provider reserves the right to terminate any accounts that are not renewed at the expiration of their term.
Maintenance and Support of Service
privacytunnel.com will use reasonable efforts, as determined by privacytunnel.com in its sole discretion, to provide the Customer with the Service.
privacytunnel.com will use reasonable efforts, as determined by privacytunnel.com in its sole discretion, to repair any non-functioning service in a reasonable period of time.
In addition to the Disclaimer above and the limitation on warranties set forth below, privacytunnel.com is not responsible for the following: any fault in equipment or software not forming part of the Service; damage due to causes external to the Service; any upgrades required by changes in technology.
Responsibilities of Customer
Customer accepts full responsibility (legal, financial, and all others related to the Customer’s account) for the actions of the Customer. In particular the customer takes full responsibility for all underaged users that Cstomer allows to use the Customer’s account.
At the request of privacytunnel.com, the Customer must provide such information and assistance as is reasonably required by privacytunnel.com in order to enable privacytunnel.com to meet its obligations under this Agreement or any other obligation under applicable law.
The Customer must comply with all reasonable directions and instructions of privacytunnel.com in relation to the Customer’s use of the Service and must ensure that anyone using the Customer’s account also complies with all reasonable directions and instructions of privacytunnel.com in relation to the Customer’s use of the Service.
The Customer shall not use, or suffer, or permit another person to use the Service in, or in relation to, the commission of an offense against the laws of the United States or of any State or territory of the United States.
The Customer shall take every reasonable precaution that no person is able to make unauthorized use of or gain unauthorized access to the Service provided to the Customer pursuant to this Agreement.
The Customer shall not engage in spamming, hacking, blog spam, port scanning, or other illegal activities while using privacytunnel services. Customers found to be in violation shall be charged $250 per hour for research, cleanup and legal fees associated with damages.
Warranties
privacytunnel.com gives no warranty or guarantee in relation to the performance, features, compatibility, content or otherwise of any connected Internet service or host/computer connected to the Service. privacytunnel.com disclaims all warranties, including all implied warranties of merchantability and suitability for a particular purpose.
The Disclaimer made by privacytunnel.com of all responsibilities or warranties, more fully set forth above in section I.B., is herein incorporated by reference. Customer acknowledges and agrees to be bound by the Disclaimer of section I.B. above in addition to the warranties disclaimed under this section.
Indemnity
The Customer agrees to indemnify privacytunnel.com and hold privacytunnel.com harmless from and against any loss, cost, expense, or liability arising from any claims, demands, or proceedings by any person against privacytunnel.com whatsoever arising out of: the use or attempted use of the Service by the Customer or by any person authorized by the Customer or from the use of any facility or equipment connected to the Service by the Customer or any person authorized by the Customer; or any hardware or software contamination resulting from use by the Customer or by any person authorized by the Customer;
The Customer agrees to indemnify privacytunnel.com and holds privacytunnel.com harmless from and against any loss, cost, expense or liability arising from any claims, demands or proceedings by any person against privacytunnel.com whatsoever arising out of any action brought by any third party against privacytunnel.com for infringement of that third party’s Intellectual Property Rights due to the Customer’s use of the Service provided to the Customer pursuant to this Agreement or due to the use of the Service by any person authorized by the Customer to use the Service provided to the Customer pursuant to this agreement or privacytunnel.com’s possession of Customer’s information in accordance with this Agreement except to the extent that such loss, cost, expense or liability arises from or is attributable to any willful misconduct on the part of privacytunnel.com.
Liability
Except as provided to the contrary in this Agreement and to the full extent permitted by law, all terms, conditions, warranties, undertakings, inducements or representations whether express, implied, statutory or otherwise relating in any way to the provision of the Service or other obligations under this Agreement will be excluded. Without limiting the generality of the preceding sentence and except as expressly provided in this agreement, privacytunnel.com will not be under any liability (including liability as to negligence) to the Customer or to any third party in respect of any loss or damage (including consequential loss or damage), however caused, which may be suffered or incurred or which may arise directly or indirectly as a result of or in connection with the provision of the Services or privacytunnel.com’s failure to comply with privacytunnel.com’s obligations under this Agreement except as expressly provided in this Agreement.
Termination
privacytunnel.com may suspend or restrict provision of the Service to the Customer at any time if: payment of an account for the Service provided to the Customer is overdue; the Customer becomes bankrupt or insolvent or enters into a scheme of arrangement or composition with the Customer”s creditors or, being a company, is placed in receivership or under official management or has a provisional liquidator appointed; the Customer breaches any material term or condition of this agreement; of it appears that the Customer is engaging in activity that may cause damage to the privacytunnel.com’s system, or any other system in the network; or the Customer is engaging in mass emailing or “flooding” of newsgroups; or if the Customer is using the service as a means to commit unlawful activity.
privacytunnel.com, in its sole discretion, may suspend or restrict provision of the Service to the Customer at any time in the event of an emergency or whenever privacytunnel.com considers it necessary or reasonable, based on the sole discretion of privacytunnel.com, in order to safeguard provision of the Service.
Tax
The Customer must pay, and must keep privacytunnel.com indemnified against any Tax, with the exception of income tax, payable upon or in respect of this Agreement or any services, payments, document, transaction or matter referred to in or contemplated by this Agreement.
Remedy
The sole remedy for any and all damage or loss of data due to the use of the system provided by privacytunnel.com will be a refund of the unused portion of the account per the terms of the refund policy, or the extension of the account period. Such an extension of the account period shall be at the sole discretion of privacytunnel.com.
III. Privacy Policy
privacytunnel.com will take all reasonable steps to the extent permitted by law to ensure that access information about the Customer is restricted to those privacytunnel.com personnel who are required to have access to the information in order to enable privacytunnel.com to provide the Customer with service.
privacytunnel.com reserves the right to disclose Customer information in the following cases:
a. The user is found in violation of the terms of service, or the customer has abused the system by using it to attack other systems or to gain unauthorized access to any other system.
b. If at any time the Customer engages in Spamming, which is defined as posting large volumes of unsolicited email or other postings.
 
With the exceptions noted above, the parties’ obligations as to confidentiality shall survive any termination of this Agreement.
This privacy policy does not apply to usage logs. Usage logs do not reveal any personally identifiable information, and are only used for the purpose of tracking system abuse and spam. Use logs may be kept for a period of 48 hours for the above stated purpose. However, if a pattern of abuse is found, the usage logs may be retained to investigate the abuse.
IV. Refunds
Research the services offered by privacytunnel.com thoroughly before you purchase. Read and understand privacytunnel.com’s acceptable use policy and terms of service before purchasing this Service.
Once access has been granted, refunds will be issued at the sole discretion of privacytunnel.com. If, the Customer's account is found to have used in any manner inconsistent with, or violating this Agreement, no refund will be issued for any reason.

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