Terms of Service

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Terms of Service


Introduction:

These terms apply to the clients and subscribers of TorGuard.net VPN, Proxy and Email services.

These terms effectively detail how TorGuard.net operates their services and details the ways in which we permit use of our services.

TorGuard.net provides clients VPN (virtual private networking) Secure Internet Services, Wifi Privacy, Web Encryption, Anonymous internet IP's, socks5 proxy service and Secure Email Services. You ("The Client"), acknowledge that TorGuard.net and or its parent companies or subsidiaries will not be held liable at any time for liability resulting from the use of our services or website.

The Client confirms that they are above the age of (18) years, are an emancipated minor, or possess a valid legal parental or guardian's consent, and are fully able to enter into the terms and conditions set forth here. If you are under the age requirement and are between the ages of thirteen (13) and seventeen (17), then you must first find a legal guardian to purchase and activate TorGuard services for you. If you are unable to find a legal guardian to meet this requirement, or if you are under the age of thirteen (13), then you are not permitted to use TorGuard's services.


ACCEPTANCE

By visiting TorGuard.net's website or using the provided service (Including but not limited to all services and pages available on TorGuard.net) The Client fully agrees and understands the terms and conditions provided herein, TorGuard.net's Privacy Policy, DMCA (Digital Millennium Copyright Act) and all future modifications or amendments to this agreement. By entering our website and/or purchasing services, The Client agrees to be bound by these Terms and conditions. If for any reason The Client does not agree to be bound by these Terms and Conditions, Privacy Policy and DMCA policy, then access to TorGuard.net and it's services is strictly prohibited.


LICENSE

TorGuard.net provides The Client with a limited, personal license intended for use only as set forth in this agreement for personal, non commercial, private and limited non transferable uses. Any and all intellectual property rights on TorGuard.net are owned by VP Networks LLC and are protected by US International copyright, patent and relevant trademark laws protecting intellectual property and proprietary rights. You may not reproduce, copy, or download any content from TorGuard.net without the express written authorization to first do so. Commercial use without prior consent is prohibited. The Client agrees not to alter, delete, obscure, or change any proprietary rights affiliated with TorGuard.net content. Client rights are subject to these Terms of Services and New or future services may require an additional subscription or agreement. The Client fully understands and agrees that these terms are limited to VPN, Proxy and Email services.


CHANGES TO THIS AGREEMENT

The Client fully understands that the current Terms of Services put forth are subject to changes made by TorGuard.net at anytime and you agree to be bound by any and all changes, modifications or revisions. The Client fully understands that it is their sole obligation to review this Terms of Services periodically to account for changes that have been made as any and all future changes or additions will be considered binding.

These Terms and Conditions extend and apply to all users of TorGuard.net including both potential and current 'visitors', 'subscribers' or 'clients'. You (The Client) agree to abide by all applicable federal, state and local laws and understand you will be legally bound by the terms and conditions of this Agreement.


CONDUCT

You agree to abide by all applicable federal, state and local laws and regulations in connection with the use of TorGuard.net's services. You also agree that you or any other user(s) provided with access to your account will NOT engage in the following:

• Transmitting, Sending or Receiving unsolicited and/or commercial emails, promotional material, "junk messages," "spam," "chain letters," or "pyramid schemes";
• Exploiting, Transmitting, possessing, producing, receiving, transporting, or distributing any illegal content, including but not limited to any sexually explicit depiction of children;
• Uploading, Transmitting, possessing, receiving, transporting, or distributing any copyrighted, trademark, or patented content which you do not own or lack written consent or a license from the copyright owner;
• Forging headers or otherwise manipulating e-mail identifiers in order to mask or mislead the origins of certain content;
• Interfering with the service to any other user, client, host or network which reduces the quality of service for other clients and users;
• Using the service to engage in Denial-of-service ("DOS") attacks to any third-parties or to TorGuard.net;
• Accessing data, systems or networks including attempts to probe scan or test for vulnerabilities of a system or network or to breach security or authentication measures without the express written consent from the owner of the system or network;
• Using this service to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm, injury or destruction of property, defames one or more third parties, or promotes any act of cruelty to animals; or
• Accessing the service to violate any laws at the local, state and federal level in the United States of America or the country/territory in which you reside.


ENCRYPTED EMAIL

Each Client is solely responsible for his or her transmissions through TorGuard.net encrypted email services. As a condition of your use of the Email Service, you affirm to TorGuard.net, that you will not use the Service for any unlawful purpose or one that is prohibited by these terms, conditions, and notices stated in this terms and conditions. The Service is provided to individuals only and for personal use. Any unauthorized commercial use of the TorGuard email Service, or the resale of its services, is expressly prohibited. By registering an address with TorGuard.net or TorGuard.tg, you agree to be bound by the terms outlined in this Terms of Service Agreement. TorGuard.net and TorGuard.tg may, at its sole discretion, immediately terminate service without cause or notice, should user's conduct fail to conform to these conditions.


Export Control Policy

NOTICE ABOUT PERSONAL LIABILITY FOR PROHIBITED EXPORTS OF THIS SOFTWARE
This software contains sophisticated and powerful encryption methods that make it a federal crime for one to do certain things with it, even unknowingly. Ignorance of these laws does not reduce your personal liability. Please read the following guidelines carefully before accepting this software.

You may not 'export' this software to certain countries listed on the Commerce Control List, which currently includes Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. This list may change from time to time so please visit HTTP://WWW.ACCESS.GPO.GOV/BIS/EAR/PDF/740.PDF to get updates. This prohibition on 'exports' means you may not send the software itself to such countries but it also means you may not carry your own personal computer containing this software into or through such countries.

Anywhere in the world, even inside the United States, you may not transfer this software (or a computer containing this software) to certain persons or organizations or companies listed on the Denied Parties List. See HTTP://WWW.ACCESS.GPO.GOV/BIS/EAR/PDF/740.PDF for the current list. Such a transfer is a "deemed export" subject to federal Export Administration Regulations. Do not deliver or transfer this software or a personal computer containing this software to a national or resident of a foreign country anywhere in the world without first checking the Denied Parties List. If the intended recipient is listed or belongs to a listed organization or company, you must contact the U.S. Department of Commerce, Information Technology Controls Division at (202) 482-0707 to apply for permission to make the transfer via an Export License. A transfer without the required license is a felony.
By downloading and/or using this Software and encryption services, you accept full and personal responsibility for the custody of this software and agree to comply with all applicable export control laws and obtain all necessary licenses should you wish to 'export' any copies of the Software.


BREACH

TorGuard.net maintains a zero tolerance policy regarding any and all activity which violates or breaches any section of our Terms and Conditions

In addition to a zero tolerance abuse policy, Clients who knowingly or even unknowingly breach the terms of this agreement will have their account removed without refund. The Client fully understands that TorGuard.net reserves the right to hold the Client or a third party using the service on their behalf responsible for any financial damages or losses which may arise from the violation of these Terms and Conditions. This is includes but is not limited to attorney fees, court expenses and other costs.

The Client fully understands that TorGuard.net reserves the right in its discretion to enforce any breaches of this agreement. Failure to understand and comply with the present Terms of Services

Subscriber understands that TorGuard.net reserves the right in its sole discretion to enforce breaches of this Agreement. Failure to comply with the present Terms of Service will results in a material breach of this Agreement, and may result in one or more of these possible following actions:
• Issuance of a warning;
• Immediate, temporary, or permanent termination of access to TorGuard.net with no refund;
• Legal actions against you for reimbursement of any costs incurred via indemnity resulting from a breach;
• Independent legal action by TorGuard.net as a result of a breach; or
• Disclosure of such information to law enforcement authorities as deemed reasonably necessary.
TorGuard.net reserves the right to take any other actions necessary to enforce and protect its rights. If you find that your TorGuard.net account has been suspended, then you may contact: [email protected]


SERVICE LEVEL AGREEMENT

TorGuard.net service speeds, coverage, locations and quality are not guaranteed. While TorGuard.net makes every effort to maintain 100% service uptime, the VPN, Proxy and Email services may be subject to unavailability for reasons including maintenance, emergencies, third party failures, transmission failure, equipment errors, network issues, unforeseen interference, natural disasters and other reasons. TorGuard.net does not guarantee that data, messages, packages or email will be delivered and will not be held responsible in the event that data is lost, delayed misdirected or otherwise inaccessible.

Also, TorGuard.net staff may employ usage limits to our services, suspend/block or cancel any service at our sole discretion at any time. Lastly, we do not offer a guarantee for the accuracy of any data received.


CLIENT RESPONSIBILITIES

As a client of TorGuard.net, you are responsible for:
• Preserving the confidentiality and security of the account you are provided.
• Confirming that subscriber connections to the TorGuard.net VPN network are limited to no more than FIVE (5) simultaneous connections. Proxy clients are limited to one (1) simultaneous connection.
• Providing valid and accurate identifying information related to the user account.
• Liability for any use and/or abuse which occurs while you or any third-party is logged into the TorGuard.net VPN, proxy or email services with your account credentials.


FEES

You understand and recognize that TorGuard.net reserves the right to create a subscription based service through one or more of our participating third party merchants. Payments are charged on the day you sign up for service and will cover use of that service for the duration of one (1) day, (1) month, six (6) months, one (1) year, depending on the service plan level. A subscription plan is an automatic recurring payment based on the selected service plan. All accounts are offered as is at the time of purchase. You may cancel the account subscription at anytime; the account will remain active for the remainder of your billing cycle.

TorGuard.net reserves the right to change the service fees for VPN, Proxy and Email services at anytime at its sole discretion. The Client understands that TorGuard.net is not obligated to honor errors due to mis-types and is not responsible for misinformation or content provided on third party websites or affiliates.


REFUND POLICY

If you are less than 100% satisfied with the TorGuard.net VPN, Proxy or Email service, we will gladly refund your payment if the refund is requested within thirty (7) days from the date of the purchase. Requests made later than the 7 day purchase date window will be denied. Additionally, accounts that have exceeded 10GB or more in download volume during the 7 day trial period will not be eligible for a refund.

You understand that by paying for TorGuard.net service using BitCoins as a preferred transaction method, you are using a payment means that is not backed by an official governmental entity or international financial institution, and that the payment system may be prone to fluctuations in market value in a very short period of time. The Client agrees that any refunds for transactions using BitCoins will be assessed on the BitCoin exchange rate to USD at the time of the refund disbursement, and not at the time of the original transaction or refund request.


OUR RIGHTS

TorGuard.net reserves the right to close your account at any given time without any prior notice. While TorGuard.net will, in the best interest of our clients, attempt to provide full and complete service, this right is reserved for reasons which may emerge at a later date.

The Client also understands that TorGuard.net for reasons beyond its control may shut down and terminate services. If TorGuard.net ceases operations, clients will be notified within at least thirty (30) days advance notice. No subscribers will not be eligible for a pro-rated, partial, or complete refund in the event of a shut down.


WARRANTIES

Subscriber represents and warrants that all of the identifying information provided to TorGuard.net to use the TorGuard.net website is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder.

As a condition to using the TorGuard.net website or any of it's related services, you must agree to the terms of TorGuard.net's privacy policy, Digital Millennium Copyright Act ("DMCA") policy, and any modifications and/or updates to these agreements. You must acknowledge and agree that the scientific processing and transmission of TorGuard.net may involve transmissions over various networks; and changes to conform to the technical requirements of connecting devices or networks. You further acknowledge and agree that other data collected and maintained by TorGuard.net with regard to its users may be disclosed in accordance with the TorGuard.net Privacy Policy.


WARRANTY DISCLAIMER

SUBSCRIBER UNDERSTANDS THAT THE TORGUARD.NET WEBSITE AND SERVICE IS PROVIDED AS-IS. SUBSCRIBER AGREES THAT USE OF THE TORGUARD.NET WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TORGUARD.NET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TORGUARD.NET MAKES NO WARRANTIES, EXPRESS, OR IMPLIED, NOR ANY REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:
• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND/OR SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY,
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TORGUARD.NET WEBSITE.
TORGUARD.NET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE TORGUARD.NET WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TORGUARD.NET WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TORGUARD.NET SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.


LIMITATION OF LIABILITY

IN NO EVENT SHALL TORGUARD.NET, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE,
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND/OR SERVICE
• ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR
• ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE TORGUARD.NET WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TORGUARD.NET SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.


INDEMNITY

The Client or Subscriber agrees to defend, indemnify and hold harmless TorGuard.net, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
• your use of and access to the TorGuard.net Website and/or Service;
• your material breach of any term of these Terms of Service;
• your violation of any third party right, including without limitation any copyright, patent, trademark, property, or privacy right; or
• Any claim that your use caused damage or injury to any third party.
This defense and indemnification obligation will survive these Terms of Service and your use of the TorGuard.net Website.


ARBITRATION

The Parties agree that any legal claim or dispute between them or against any agent, employee, successor, or assign of the other, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this contract, including the validity of this arbitration clause, shall be resolved by binding arbitration by the American Arbitration Association (or name other firm providing arbitration services, i.e., National Arbitration Forum), under the Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the American Arbitration Association or at Corporate Headquarters, 335 Madison Avenue, Floor 10, New York, New York 10017-4605. Telephone: 212-716-5800, Fax: 212-716-5905, Website: www.adr.org. This agreement shall be interpreted under the Federal Arbitration Act.


ASSIGNMENT

The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by TorGuard.net without restriction.


SEVERANCE

If any term, clause or provision of the present agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.


CHOICE OF LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, county of Orange, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the State of Florida, county of Orange. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.


If The Client agrees to all of the foregoing terms and conditions, Subscriber may gain access to and use the TorGuard.net services.

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