This SwitchVPN Terms of Service Agreement (the “Agreement”) governs the use of the Virtual Private Network services located at http://switchvpn.net (the “Service”) provided by CS Systems, Inc. (the “Company”), 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”.
Please read this Agreement carefully before accessing or using the Service. You must read, agree with and accept all of the terms and conditions contained in this Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you are authorized to access or use any part of the Service.
Your access to or use of the Service indicates that you have read, understood and expressly consented to this Agreement and accept all of its terms. Company is willing to license the Service to you only upon the condition that you accept all the terms contained herein.
If you do not accept all of the terms and conditions contained in this Agreement, you may not access or use the Service.
To fully use the Service, you will be required to create a verified account. Company reserves the right to monitor and limit the technical aspects and features of the Service you may access and use, including without limitation, connection, usage, data transfer bandwidth, storage and other parameters. Exceeding certain limits, as determined by Company in its sole and absolute discretion, may result in your account being restricted. Company reserves the right to charge for any aspect of the Service and revise applicable fees at any time.
All payments will be facilitated either directly via Company’s payment processing system, Company’s third-party payment processing service or an associated payment processor. Company may seek authorization of your credit card to validate your ability to pay any applicable charges prior to any purchase. If Company seeks such authorization, please note that the authorization is not a charge but may reduce your available credit by the authorization amount until your bank’s next processing cycle.
It is your responsibility to determine what taxes apply to your use of the Service, if any, and collect, report and remit applicable tax to the appropriate authority. Company is not responsible for determining whether taxes apply to your use of the Service or for collecting, reporting or remitting any taxes or information arising out of or relating to your use of the Service.
If your payment is subject to investigation by Company or a chargeback by the issuing bank, a hold will be placed on the payment and your account will be limited until such investigation or chargeback is resolved. The limitation of your account may impact your ability to fully access and use the Service.
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 routinely modifying your account password and device security settings 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.
You agree to Company’s collection, use, distribution, transmission, storage and retrieval of certain information concerning your use of the Service, including without limitation, technical, diagnostic or service level information that Company engineers and technicians may use to improve, enhance and upgrade the Service.
You may be given the ability to create a user profile that will be made available for other users to view. If applicable, your user profile does not contain personally-identifying information other than the username with which you registered. User profiles may include descriptions, photos and other text or audiovisual information.
USER INFORMATION & DATA
You may provide or disclose certain information to or via the Service, including without imitation, information you use to register and create an account, data transmitted via the Service or stored on Company servers, comments, forum posts or private messages (collectively the “User Information”). User Information will be stored on Company’s servers. You consent to such storage and Company’s use of User Information. You are solely responsible for User Information and hereby expressly acknowledge and agree that Company and the Service act only as passive conduits for such data.
You agree to provide accurate, current and complete information and to maintain and keep it accurate, current and complete at all times. You agree that Company and third-parties may rely on User Information as accurate, current and complete.
You are solely responsible User Information you transmit or distribute via the Service or transmit to other users of the Service. You expressly agree that you will not transmit via the Service or to other users of the Service or Company any material that is defamatory, libelous, inaccurate, abusive, obscene, profane, offensive, sexually oriented, anatomical or sexual related, threatening, harassing, racially offensive, predatory, illegal, infringing or in violation of third-party rights or otherwise objectionable in Company’s sole and absolute discretion (the “Prohibited Materials”).
Company reserves the right, but will have no obligation, to reject, restrict, block or terminate any user account or material that does not comply with the terms set forth herein. Company reserves the right to refuse service to anyone at its sole and absolute discretion.
Company may examine data transmitted or distributed via the Service prior to, during or following receipt or transmission and, at its sole and absolute discretion, prevent, cease or reject transmission or availability of any or all such data. Company does not guarantee that such data will be successfully transmitted to or received by the Service. User Information or other data transmitted or distributed via the Service does not reflect the views of Company and Company does not warrant the validity, reliability, accuracy, legality, suitability or current nature thereof.
You hereby expressly release Company from all liability for deletion, corruption or failure to store any message, data, material or other content submitted to, maintained on or transmitted via the Service. You agree that features, parameters or other portions of the Service, in whole or part, are subject to revision, modification or change at any time and without notice.
If any information supplied by you is untrue, inaccurate, not current or incomplete in any respect or if you violate any term or provision of this Agreement or if Company or any user feels threatened or offended by your conduct or materials you transmit or disseminate via the Service, Company has the right, in its sole and absolute discretion, to terminate or prohibit your existing or future access to or use of the Service at any time without notice.
TERM & TERMINATION
This Agreement is effective immediately upon your access to or use of the Service or the publication date of any subsequent modifications, revisions or amendments. Company may, at its sole and absolute discretion, terminate or prohibit your existing or future access to or use of the Service at any time without notice.
To delete your account and any associated User Information or other data, you must provide a written request to Company via email. Upon receipt of your request and pursuant to Delaware Public Law Title 6, §500(2)(C), Company will use commercially reasonable efforts to delete your User Information and other data using commercially reasonable efforts and methods. Notwithstanding the foregoing, however, Company may retain an archived copy of User Information as required by applicable law for an indeterminate amount of time.
Following termination or expiration of this Agreement, any terms or conditions of this Agreement that, expressly or by their nature survive expiration or expiration, will remain in full force and effect.
Company may cease to provide the Service, or any portion thereof, at any time. Company reserves the right to logout, terminate, delete or purge any account or User Information or other data from the Service if it is inactive, as determined by Company in its sole and absolute discretion, dormant, unlawful or breaches the terms and conditions contained herein.
As part of the functionality of the Service, you may be able access and use third-party mobile applications, websites, products or services (each a “Third-Party Service” and, collectively, the “Third-Party Services”). Unless otherwise specified herein, any User Information or other data you provide to or store with any Third-Party Service is beyond Company’s control. Company cannot and will not be liable for any use of User Information or other data you submit to Third-Party Services.
Your relationship with Third-Party Services is governed solely and exclusively by the applicable contractual agreement between you and the respective Third-Party.
Company makes no effort to review User Information or other data transmitted to or distributed via Third-Party Services or contractual agreements you execute therewith for any purpose, including without limitation, accuracy, legality or non-infringement. Company is not responsible in any way for your interaction with any third-party or Third-Party Service.
REPRESENTATIONS & WARRANTIES
By using the Service, you represent and warrant that you are legally entitled to enter this Agreement. If you reside in a jurisdiction that restricts use of the Service or the ability to enter into this Agreement due to age, you must comply with such restrictions and not use the Service. Without limiting the foregoing, the Service is not available to persons under eighteen (18) years of age. By accessing or using the Service, you represent and warrant that you are at least eighteen (18) years of age and that neither you nor, if a business entity, your officers, directors, employees, agents or any associated third-parties are currently or have ever been a “Specially Designated National” or other person to whom the Service is prohibited. By using the Service, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and will comply with its terms and conditions. The Service is intended solely for your personal use and any commercial use is strictly prohibited. You may not authorize others to use your account and may not assign or otherwise transfer your account to any third-party. You agree to comply with all applicable local, state, national and international laws and regulations.
You may only access or use the Service via authorized means. It is your responsibility to ensure adequate access to the Internet and requisite capacity to use the Service. Further, it is your responsibility to ensure you have downloaded the correct and most current version of system, platform or other software necessary to use the Service. Company is not liable for incompatible connections, devices or software or erroneous versions of software containing viruses or other harmful data or instructions. Company reserves the right to terminate this Agreement should you use the Service with incompatible or unauthorized connections, devices or software.
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.
Any of the foregoing is a violation of Company’s valuable and proprietary rights that may subject you to prosecution and civil damages. Company will fully investigate and prosecute any such actions to the fullest extent of the law and may involve and cooperate with law enforcement authorities. Company maintains a zero-tolerance policy concerning spam and unsolicited communications.
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. No licenses or rights are granted to you, by implication or otherwise, to any intellectual property rights owned or controlled by Company or its licensors, except for the licenses and rights expressly granted hereunder.
The terms of the license granted to you in this Agreement will govern updates, upgrades and revisions provided by Company that replace, modify or supplement the Service, unless such update, upgrade or revision is accompanied by a separate license in which case the terms of the accompanying license will govern.
You acknowledge that Company has no obligation to monitor your access to or use of the Service or to review or edit any User Information or data you transmit to or distribute via the Service, but has the right to do so for purposes of operating the Service, ensuring your compliance with this Agreement or complying with applicable law or the order of a court, administrative agency or other governmental body. Company reserves the right, at its sole and absolute discretion, to remove or disable access to any information that Company deems to be in violation of this Agreement or otherwise harmful to Company, the Service or third-parties at any time and without notice.
By transmitting User Information or data to the Service, you grant Company a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such content on, through or via the Service. Pursuant to such license, Company may feature such materials in Company publications to be disseminated to other users or third-parties.
You acknowledge and agree that you are solely responsible for content you transmit to or distribute via the Service. You represent and warrant that you are either the sole and exclusive owner of all such content or have all rights, licenses, consents and releases necessary to grant a license to Company to use such content and neither the content nor the posting, uploading, publication, submission, transmittal nor Company’s use thereof will infringe, misappropriate or violate any third-party’s patent, copyright, trademark, trade secret, moral, publicity, privacy or other rights or result in the violation of applicable laws or regulations.
Company and its licensors retain and own all right, title and interest, including without limitation, intellectual property rights, in the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale nor a license and does not convey any ownership or license rights relating to the Service or intellectual property owned by Company. The Company name, logo and product names associated with the Service are trademarks of Company and no right or license thereto is granted nor contemplated by this Agreement.
Email communications and text messages sent by Company are designed to make your experience more efficient. By accepting the terms of this Agreement, you explicitly consent to receive email communications and text messages initiated by Company, including without limitation, notifications, and communications informing you about potential services, promotions and new or existing features. Standard text messaging rates charged by your mobile phone carrier will apply to text messages sent by Company, if applicable. If you change your mobile carrier, notifications and communications may be deactivated for your account and you will be required to reauthorize your new mobile phone number for such messages. Company reserves the right to cancel notifications and communications at any time without notice. Support requests should be directed via email to email@example.com.
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 allegation that materials you submit to Company or transmit to or distribute via the Service infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property rights of third-parties; and
- any other activities in connection with your access to or use of the Service or Third-Party Services.
The foregoing indemnity will be applicable without regard to the negligence of any party, including any indemnified person, Company or third-parties with whom Company does business.
Company maintains a thirty (30) day unconditional money back guarnatee. If you are dissatisfied with the Service for any reason, please send an email to firstname.lastname@example.org to request a refund. Refund request must be submitted within your first thirty (30) days of access to or use of the Service.
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, USABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
COMPANY DOES NOT WARRANT OR GUARANTEE THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, SAFETY, SECURITY, ABILITY, ACCURACY OR AVAILABILITY OF THE SERVICE NOR ANY PRODUCTS, SERVICES OR INFORMATION MADE AVAILABLE THEREBY. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SERVICE OR PRODUCTS OR SERVICES MADE AVAILABLE THEREBY REMAINS SOLELY WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY LAW.
COMPANY DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT:
- THE SERVICE, NOR ANY PRODUCTS, SERVICES, INFORMATION OR DATA MADE AVAILABLE THEREBY, WILL BE SECURE, TIMELY, UNINTERRUPTED, ERROR-FREE, OPERATE WITH OTHER SYSTEMS OR MEET QUALITY OR OTHER SPECIFICATIONS, REQUIREMENTS OR EXPECTATIONS; NOR
- THE SERVICE WILL BE FREE FROM VIRUSES, MALICIOUS CODE OR HARMFUL COMPONENTS OR THAT ANY ERRORS WILL BE CORRECTED.
THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS AND PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES OR DAMAGES ARISING OUT OF OR RESULTING THEREFROM.
THE INFORMATION AND DATA TRANSMITTED AND MADE AVAILABLE AND DISSEMINATED BY THE SERVICE, INCLUDING WITHOUT LIMITATION, TEXT, IMAGES, AUDIO, VIDEO, AUDIOVISUAL MATERIAL OR ANY OTHER CONTENT IN ANY MEDIA, NOW KNOWN OR LATER DEVELOPED, ARE OFFERED SOLELY AND EXCLUSIVELY FOR INFORMATIONAL, EDUCATIONAL OR ENTERTAINMENT PURPOSES. THE SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL ADVICE PROVIDED BY A QUALIFIED PROVIDER. YOU ACKNOWLEDGE AND AGREE THAT COMPANY IS NOT QUALIFIED NOR LICENSED TO PROVIDE PROFESSIONAL, TECHNICAL, FINANCIAL OR MEDICAL ADVICE.
COMPANY DOES NOT ENDORSE ANY PRODUCTS, SERVICES, INFORMATION, OPINIONS OR OTHER MATERIAL. RELIANCE ON ANY INFORMATION MADE AVAILABLE BY THE SERVICE IS SOLELY AT YOUR OWN RISK.
LIMITATION OF LIABILITY
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 OR OTHERWISE ARISING OUT OF OR RESULTING FROM USE OF THE SERVICE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICE, YOUR INABILITY TO ACCESS OR USE THE SERVICE, YOUR ACTIVITIES OR INTERACTIONS WITH THIRD-PARTIES WITH WHOM YOU MAY MEET IN PUBLIC OR PRIVATE OR ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND THIRD-PARTIES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND COMPANY’S REASONABLE CONTROL. YOU ACKNOWLEDGE AND AGREE THAT THIRD-PARTY SERVICES MAY NOT BE PROFESSIONALLY LICENSED OR PERMITTED. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICE FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED FIFTY UNITED STATES DOLLARS (US $50).
COMPANY WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD-PARTY OR THIRD-PARTY SERVICE AND YOU HEREBY EXPRESSLY WAIVE, RELEASE AND FOREVER DISCHARGE COMPANY FROM ALL LIABILITY, CLAIMS, DAMAGES AND INJURIES ARISING OUT OF OR RELATING TO THIRD-PARTIES OR THIRD-PARTY SERVICES. COMPANY WILL NOT BE A PARTY TO DISPUTES, NEGOTIATIONS OF DISPUTES, LITIGATION, MEDIATION OR ARBITRATION BETWEEN YOU AND THIRD-PARTIES AND WILL NOT PLAY ANY ROLE IN MANAGING PAYMENTS BETWEEN YOU AND THIRD-PARTIES.
RESPONSIBILITY FOR DECISIONS YOU MAKE REGARDING THE SERVICE, THIRD-PARTIES AND THIRD-PARTY SERVICES RESTS SOLELY WITH YOU. YOU HEREBY EXPRESSLY WAIVE, RELEASE AND FOREVER DISCHARGE COMPANY FROM ALL LIABILITY, CLAIMS, CAUSES OF ACTION, DAMAGES AND INJURIES ARISING OUT OF OR RELATING TO COMPANY, THE SERVICE, THIRD-PARTIES OR THIRD-PARTY SERVICES. YOU EXPRESSLY WAIVE AND RELEASE ALL RIGHTS AND BENEFITS UNDER ANY APPLICABLE LAW STATING, IN WHOLE OR PART, THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THE CREDITOR’S FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN, MAY HAVE MATERIALLY AFFECTED THE CREDITOR’S SETTLEMENT WITH THE DEBTOR.
QUALITY OF SERVICE IS THE SOLE RESPONSIBILITY OF THE PARTY THAT PROVIDES THE SERVICE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU USE THE SERVICE SOLELY AT YOUR OWN RISK.
COMPANY DOES NOT GUARANTEE YOUR SAFETY IF YOU INTERACT WITH OTHER USERS OF THE SERVICE OR THIRD-PARTIES. YOU ARE SOLELY RESPONSIBLE FOR YOUR OWN SAFETY WHEN USING THE SERVICE AND DURING YOUR PUBLIC OR PRIVATE COMMUNICATIONS, CONTACT, ACTIVITIES, MEETINGS OR INTERACTIONS WITH OTHER USERS OF THE SERVICE OR THIRD-PARTIES.
Company may give notice via the Service, email or written communication sent by pre-paid mail. You may contact Company for general inquiries via email at email@example.com.
This Agreement may only be assigned by Company to a parent company, subsidiary, acquirer of assets or successor by merger.
The Service contains encryption features that make violations of applicable export controls a federal crime. You agree to fully comply with all applicable export laws and regulations to ensure neither the Service nor technical data related thereto is exported or re-exported, directly or indirectly, in violation of or used for any purpose prohibited by such laws and regulations or to certain countries listed on the United States Department of Commerce Bureau of Industry and Security Commerce Control List. By using the Service, you represent and warrant that you are not located in a country subject to government embargo, designated as terrorist supporting or listed on any list of prohibited or restricted jurisdictions, including without limitation, the United States Department of Commerce Bureau of Industry and Security Denied Parties List
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof (collectively, the “Disputes”) will be settled by binding arbitration in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes set forth by the American Arbitration Association, except that Company retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of Company’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You waive the right to participate as a plaintiff in any purported class action or representative proceeding or trial by jury. An arbitrator operating pursuant to this provision may not preside over any form of class action or representative proceeding. The provision and requirement that Disputes be settled by binding arbitration will survive termination or expiration.
Any arbitration will be conducted in the city where Company is located based solely on the basis of documents submitted to the arbitrator, unless a hearing is requested or the arbitrator determines a hearing is necessary. The arbitrator will have discretion to direct a reasonable exchange of information between the Parties concerning Disputes.
The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction. The arbitrator’s damages award must be consistent with the terms and conditions of this Agreement regarding the type and amount of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The party that prevails in arbitration will be entitled to an award of attorney fees and expenses, to the extent provided under applicable law.
No joint venture, partnership, employment or agency relationship exists between you, Company or any third-party as a result of this Agreement or your use of the Service. If any provision of this Agreement is held invalid or unenforceable, such provision will be stricken from the text and the remaining provisions will be enforced to the fullest extent of applicable law. The failure of Company to enforce any right or provision herein will not constitute a waiver of such right or provision unless explicitly acknowledged and agreed to by Company in writing. Company will not be liable for delay or failure in its performance or any damages suffered by you due to such delay or failure, caused by or resulting from, directly or indirectly, natural acts or events beyond Company’s control. This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, regarding the subject matter hereof. The laws of Delaware will govern this Agreement and Disputes arising hereunder will be adjudicated in the courts therein.