Proxy VPN Software License and Terms of Service


ACCEPTANCE OF TERMS

The contract below outlines PROXY VPN’s terms of service (“the Agreement”). By downloading, installing and using PROXY VPN software and services (“the Services”) you agree and acknowledge that you have read, understood, and agree to be bound by all the terms of conditions of this Agreement in its entirety. This is a legal document. Our terms of service apply to all users of the Services, including users with paid accounts.
APPSVERSE INC. reserves the right, at its sole discretion, to modify or replace the terms of this Agreement at any time. If you do not agree to all the terms and conditions of the Agreement, you must discontinue your use of the Services, including disconnecting from PROXY VPN service and uninstalling, destorying or deleting all copies of the PROXY VPN software and configuration files created by PROXY VPN software in your possession.

1. THE SERVICES

APPSVERSE INC. provides the PROXY VPN service by establishing a Virtual Private Network (“VPN”) connection when connecting to the Internet. The Services’ VPN utilizes a proxy Internet Protocol (“IP”) address (a “Proxy IP Address”). Connection to PROXY VPN service may be through use of the PROXY VPN Software or through other means of access such as by installing configuration files that provide access to the PROXY VPN service.

2. LICENSE

APPSVERSE INC. grants you a limited, non-exclusive, non-transferable right to use the PROXY VPN software and service, subject to the terms and conditions of this Agreement. The Services are licensed, and not sold to you. All rights not expressly granted to you are reserved by APPSVERSE INC.

3. LICENSE RESTRICTIONS

You may use the Services for personal purposes, and shall not: rent, lease, sell, sublet, loan, assign, or transfer the use of PROXY VPN software and service or any of your rights and obligations under this agreement.

You shall not use the PROXY VPN software and service to: send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send infringing, obscene, threatening, libelous, or otherwise unlawful or tortuous material, including material harmful to children or violate third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (v) attempt to gain unauthorized access to the Services or its related systems or networks.

You shall not (and may not allow a third party to): (a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the PROXY VPN software and service by any means whatsoever, except to the extent that such restriction is expressly prohibited by applicable law; (b) remove or destroy any copyright notices or other proprietary markings; (c) attempt to circumvent any use restrictions; (d) modify or adapt the PROXY VPN software and service, merge the PROXY VPN software and service into another program or create derivative works based on the PROXY VPN software and service; or (e) use, copy or distribute the PROXY VPN software and service without APPSVERSE INC.’s written authorization.

4. USAGE

You shall not use PROXY VPN for any illegal or unlawful activity in any way, including scams, solicitation, phishing, money laundering, criminal activities and other activities deemed as harming or damaging to other parties. In the event that such illegal or unlawful activity is reported or detected, APPSVERSE INC. will not hesitate to terminate the service on behalf of the user as described in Section 9: SERVICE SUSPENSION & TERMINATION.

5. RECURRING PAYMENTS FOR SUBSCRIPTION SERVICE

When you start a Free trial to PROXY VPN’s paid service, PROXY VPN may automatically begin a subscription to the paid service at the end of the Free trial.

Upon subscription to PROXY VPN’s paid service in connection with your use of the Services, PROXY VPN will automatically renew your subscription to the paid service at the end of its initial term and at the end of each term thereafter. The renewal term will be for the same period of time as the initial term. This period of time is known as the Subscription Period.

At the conclusion of each subscription term, you will automatically be billed for the PROXY VPN paid service for a renewal subscription term lasting a period of time equal to the Subscription Period. The PROXY VPN paid service subscription is non-refundable except as expressly set forth in this Agreement. Taxes may apply on the subscription fee. You agree to pay for the subscription that you select for the paid service and you authorize us to automatically charge the payment method our service provider has on file for your recurring payments.

If the payment mechanism (such as a credit card) we have on file for you is declined for payment of your Paid Service subscription fee, we may retry the payment mechanism at the same or lower rate. If we do not obtain payment, your paid service subscription will be canceled.

You are responsible to canceling your subscription regardless of whether you receive any notice from APPSVERSE INC about the renewal of that subscription. In the event that your payment mechanism expires prior to the renewal date of your subscription, you are responsible for updating a new payment mechanism before the renewal date of your subscription to the Paid Service. To the fullest extent permitted by law, APPSVERSE INC makes no representations or warranties about the continued availability of any particular form of payment method made available for use with the Service.

You understand your paid service subscription will automatically renew periodically and you authorize us to collect the then-applicable paid service subscription fee plus any applicable taxes, using any payment method we have on record for you.

Once you have cancelled your automatic renewal, recurring subscription fees for PROXY VPN paid service fees will no longer be charged to the payment method we have on file for your account, and your subscription will remain active only until the end of the term for which you have fully paid the PROXY VPN paid service fee.

PROXY VPN currently uses third-party payment processors for electronic commerce. Our third-party e-commerce payment processor accepts payments through methods detailed on the applicable payment screen, which may include various credit cards. By using such third-party payment processors, you agree to their terms and conditions of use. Such third parties may charge fees to process payments. We may, but are not required to, pay certain fees at our sole discretion. To the fullest extent permitted by law, PROXY VPN disclaims all liability with regard to any fees or problems you have with third-party payment processors.

6. MODIFICATION OF THIS AGREEMENT

APPSVERSE INC reserves the right, at our discretion, to make non-material changes to this Agreement at any time. Please check this Agreement and any guidelines notified to you by APPSVERSE INC periodically for changes.

7. PRIVACY

All information provided by Users is collected, used, maintained, shared and destroyed in accordance with APPVERSE INC.’s Privacy Policy, available here; INSERT LINK. By using the Services, you consent to our Privacy Policy.

8. CONTENT RESTRICTIONS

You may not (and may not allow a third party to): Copy, reproduce, capture, reproduce, store, retransmit, distribute, or burn to cd (or any other format) any copyrighted content that you access or receive while using the PROXY VPN service. You shall assume all risk and liability for any such prohibited use of copyrighted content.

9. OWNERSHIP AND PROPRIETARY RIGHTS

The PROXY VPN software and the service are owned and operated by APPSVERSE INC.

All PROXY VPN graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks of APPSVERSE INC. PROXY VPN’s trademarks may not be used in connection with any product or service without the prior written consent of APPSVERSE INC. PROXY VPN’s images and icons may be used by third party sites in connection with providing appropriate links to the PROXY VPN website.

10. SERVICE SUSPENSION & TERMINATION

You agree that APPSVERSE INC., in its sole discretion, for any or no reason, and without penalty, may terminate or suspend your use of the Services at any time. APPSVERSE INC. may also in its sole discretion and at any time discontinue the Services in their entirety, or any part thereof, for any amount of time, with or without notice.

11. DISCLAIMER OF WARRANTIES

APPSVERSE INC. makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Services. APPSVERSE INC. does not represent or warrant that (a) the use of the Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) the Service will meet your requirements or expectations (c) errors or defects will be corrected, or (d) the Services are free of viruses or other harmful components. The Services provided by APPSVERSE INC. is on an “as is” “as available” basis without warranties of any kind, either expressed or implied, including without limitation, any implied warranty, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by law. You expressly agree that use of the Services is at your sole risk.

12. LIMITATION OF LIABILITY

In no event shall APPSVERSE INC. be liable under contract, tort, strict liability, negligence or any other legal theory with respect to the services for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. Notwithstanding the foregoing, in no event shall the total liability of APPSVERSE INC., for all damages, losses and causes of action whether in contract, tort including negligence, or otherwise, exceed the aggregate dollar amount paid by the User claimant to APPSVERSE INC. in the twelve months prior to the claimed loss, damages or other such alleged event giving rise to the basis of claim.

13. RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge APPSVERSE INC., its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.

You hereby agree to indemnify and hold harmless APPSVERSE INC., its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of (i) a breach of this Agreement, (ii) the use of the Services, by You or any person using your account, or (iii) any violation of any rights of a third party.
              

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