Terms of Service
These Terms of Service ("Agreement") governs the use of the Virtual Private Network services available via http://switchvpn.net (together "Service") and provided by SwitchVPN , ("Company," "we," "our,"" or "us"), to any individual or business entity accessing or using the Service (hereinafter referred to singularly and collectively as "you" or possessively as "your"). The above parties may be referred to singularly as a "Party" or collectively as the "Parties".
If you agree to this Agreement on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this Agreement and that such entity or organization is duly authorized to do business in the country or countries where it operates. In that event, "you," "your," or "user" will refer and apply to that entity.
Account Registration. To be able to use our Service, you have to create an account on our website and provide certain information about yourself as requested. You represent and warrant that: (a) all required information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Service does not violate any applicable laws and (d) you are at least eighteen (18) years of age and have the legal capacity to enter into this Agreement.
Account Security. Company uses industry standard methods to protect the Service, security of accounts and data from unauthorized access, use or disclosure. However, Company cannot fully defend against all potential security risks. You are solely responsible for your use of the Service, maintaining the security of your account and access to the device on which you use the Service. Likewise, you are solely responsible for protecting and routinely modifying your account’s password to prevent unauthorized access or use. Accordingly, Company hereby disclaims, to the fullest extent of applicable law, any liability for unauthorized access, use or disclosure of your account and associated data.
Company owns and retains sole and exclusive ownership in the Service and all associated intellectual property rights. Contingent on your compliance with, and subject to, the terms and conditions of this Agreement, Company grants you a limited, non-transferable, non-exclusive, non-assignable, revocable license to use the Service on any device that you own or control.
The right granted to you in the present Agreement is subject to the following restriction. You agree and warrant that you will not:
- use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, frame, mirror, reverse engineer or exploit the Service;
- use the Service to engage in fraudulent activities, unlawful purposes, nuisance, harassment or falsification;
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise make the Service available to third-parties;
- imply or state that you are affiliated with or endorsed by Company;
- breach this Agreement or those you have entered into with third-parties;
- directly or indirectly compete with Company or solicit Company’s customers, users of the Service or third-parties;
- attempt to gain unauthorized access to the Service, impair the proper operation of any network or circumvent security, safety, privacy or access limiting protocols;
- send, store or link to material containing viruses, worms, SPAM, Trojan horses or other harmful source or object code, files, scripts, agents, programs or instructions; nor
- take any action that creates, causes or results in harm or damage to Company or the Service.
Company enforces a zero-tolerance SPAM policy regarding information transmitted through our network. Company may determine in its sole discretion whether any transmission is considered SPAM. SPAM includes, but is not limited to, the following:
- Bulk unsolicited email, promotional material, or other forms of solicitation sent via email that advertise any IP address belonging to Company or any URL (domain) that is hosted by Company.
- The use of web pages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains, servers or IP addresses hosted by Company.
- Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
If Company determines that you have posted one or more articles of spam, we may cancel your account immediately and take steps to prevent you from using our network at any time thereafter.
Fees. Company may, at any time, with prior notice, change the fees it charges you for accessing and using Service. All prices are quoted for one user (Service can be set up on any number of devices, however, the number of concurrent connections varies depending on a subscription plan). You agree that all fees charged by Company for accessing and using Service will be automatically charged to your payment type on file with, at the time of any automatic renewal of your subscription for Service. To view your existing subscription details from your billing portal, go to https://manage.switchvpn.net and to view pricing of new purchases go to https://switchvpn.net/order.
All payments will be facilitated either directly via Company’s payment processing system or associated payment processor. Acceptable forms of payment are:
- Credit or debit cards
Chargebacks. If your payment is subject to investigation by Company or a chargeback by the issuing bank, your account will be put on hold until such investigation or chargeback is resolved. This temporary hold on account may impact your ability to fully access and use the Service.
Company maintains a thirty (30) day unconditional money back guarantee. If you are dissatisfied with the Service for any reason, please send an email to email@example.com to request a refund. Refund request must be submitted within your first thirty (30) days of use of the Service.
Term. You hereby acknowledge and agree that this Agreement shall come into force on the date you create an account and will remain in force and effect until terminated in accordance with this section. Termination. You may terminate this Agreement at any time and for any reason by closing your account. We may suspend your rights to use the Service and/or terminate this Agreement at any time and for any reason, at our sole discretion, with or without notice to you, including if we believe you have violated any provision of this Agreement. Upon termination of this Agreement, your account and right to use the Service will automatically and immediately terminate. We will not incur any liability whatsoever to you for termination of this Agreement or deletion of your account and any content associated with it.
All support requests should be directed via email to firstname.lastname@example.org
You will defend, indemnify and hold Company, its officers, directors, employees, agents and any associated third-parties harmless from any claims, demands, losses, costs, liabilities and expenses, including without limitation, reasonable attorney fees, arising out of or relating to your access to or use of the Service, including without limitation:
- your breach of this Agreement or documents incorporated by reference;
- your violation of laws or third-party rights;
- any other activities in connection with your access to or use of the Service or Third-Party Services.
THE SERVICE IS PROVIDED ON “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO WARRANTY THAT SERVICE: (A) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (B) WILL BE ACCURATE, RELIABLE, OR COMPLETE; OR (C) WILL OPERATE WITH OTHER SYSTEMS OR MEET QUALITY OR OTHER SPECIFICATIONS, REQUIREMENTS OR EXPECTATIONS.
IN NO EVENT WILL COMPANY BE LIABLE FOR INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, PROPERTY DAMAGE, PROCUREMENT OF SUBSTITUTE GOODS, LOST DATA, LOST PROFITS, LOST REVENUE OR OTHER LOSS OF ECONOMIC ADVANTAGE OR BENEFITS RELATING TO, IN CONNECTION WITH, ARISING OUT OF OR RESULTING FROM USE OF OR RELIANCE ON THE SERVICE, YOUR INABILITY TO ACCESS OR USE THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE STRONGVPN PARTIES' LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
Modifications. No modification or amendment to this Agreement shall be binding upon Company unless in a written instrument signed by a duly authorized representative of Company.
Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
Assignment. We may assign, transfer or otherwise dispose of this Agreement in whole or in part or any of our rights hereunder in connection with a merger, acquisition, re-organization or sale of all or substantially all of our assets or other operation of law, without your consent. The terms and conditions of this Agreement shall be binding upon assignees.
Severability. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, (i) the other provisions of this Agreement will be unimpaired and (ii) the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Consent to Electronic Notices. You consent to the use of (a) electronic means to execute this Agreement and to deliver any notices pursuant to this Agreement; and (b) electronic records to store information related to this Agreement or your use of Service. Notices hereunder shall be invalid unless made in writing and given (a) by the Company via email (to the email address that you provide), (b) a posting on Service or (c) by you via submission to email@example.com or to such other email addresses as the Company may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.