Terms of Service
These Terms of Service (the "Agreement") are an agreement between The Endurance International Group, Inc. operating as Total VPN ("Total VPN" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Total VPN and of the Total VPN.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Additional Policies and Agreements
By registering for or using the Services, you represent and
- You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
- If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
- It is your responsibility to provide accurate, current, and complete information on the registration forms and to ensure that such information is up to date at all times. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. Total VPN is not responsible for any lapse in the Services. If you need to verify or change your contact information, you may utilize the Total VPN Account Dashboard to update your contact information. Providing false contact information of any kind may result in the termination of your account. In certain cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
- The information you provide in connection with your account is hosted in the United States (U.S.) unless otherwise provided. If you access the Service from outside of the U.S., you are voluntarily transferring information (potentially including personally-identifiable information) to the U.S. Accordingly you agree that our collection, use, storage and sharing of your information is subject to the laws of the U.S., and not necessarily of the jurisdiction in which you are located.
- You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
- By registering for or using the Services, you represent and warrant that:
Limited LicenseTotal VPN grants you a non-transferable, non-exclusive, terminable, and limited license to access, download, and use the Services, including certain software that may be downloaded from the Total VPN website, for your personal use only provided that you comply with this Agreement. The software provided by Total VPN, includes any files (excluding customer files), images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software"). Total VPN does not transfer title of the Software to you and retains all rights not expressly granted herein. You are not permitted to interfere with the operation of the Services in any way through any means or device, including without limitation: hacking, spamming, uploading computer viruses or time bombs, and any other means prohibited under this Agreement. You may not decompile, disassemble, redistribute, reverse engineer, sell or otherwise reduce the Software to a human-readable form. If you use the Services in a manner not authorized by this Agreement, you are committing a material breach of this Agreement and your license to use the Services will terminate immediately.
- You are solely responsible for using the Services in compliance will all applicable laws, rules and regulations. If the Services are prohibited by law in the jurisdiction in which you reside or from where you access the Services, you are prohibited from using the Services.
- You are expressly prohibited from using the Services in a manner that violates or infringes upon any third party copyrights or other intellectual property rights. You may not upload, download or otherwise access copyrighted materials by utilizing the Services without obtaining the prior permission of the copyright owner. If you violate this provision, as determined in our sole discretion, Total VPN may immediately terminate your access to the Services. For additional information on prohibited activities, please see the Total VPN Acceptable Use Policy.
- Total VPN exercises no control over, and accepts no responsibility for, your use of the Services or the content of any information passing through Total VPN's computers, network hubs and points of presence or the Internet. Total VPN does not monitor User content. However, you acknowledge and agree that Total VPN may immediately take any corrective action, suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Total VPN shall have no liability due to any corrective action that Total VPN may take.
All content available through the Services, including designs,
text, graphics, images, video, information, software, audio and
other files, and their selection and arrangement, and all software
used to provide the Services (collectively, "Total VPN Content"),
are the proprietary property of Total VPN or Total VPN's licensors.
- You may not modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, sell or exploit such Total VPN Content for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement.
- Any use of Total VPN Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Total VPN Content. All rights to use Total VPN Content that are not expressly granted in this Agreement are reserved by Total VPN and Total VPN's licensors.
Third Party Products and Services
Third Party Providers
Total VPN may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Total VPN does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Total VPN is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
Total VPN as Reseller or Licensor
Total VPN may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-Total VPN Products"). Total VPN is not responsible for any changes in the Services that cause any Non-Total VPN Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Total VPN Products, either sold, licensed or provided by Total VPN to you will not be deemed a breach of Total VPN's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Total VPN Product are limited to those rights extended to you by the manufacturer of such Non-Total VPN Product. You are entitled to use any Non-Total VPN Product supplied by Total VPN only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Total VPN Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Total VPN Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by Total VPN ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.
Prohibited Persons and Export Controls.
- The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in commercial activities with certain sanctioned countries or regions (each a "Sanctioned Country/Region") and certain individuals, organizations or entities, including without limitation, "Specially Designated Nationals" ("SDN") listed by OFAC. If you are located in a Sanctioned Country/Region or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services.
- Without any limitation to the foregoing, you may not export, re-export, transfer or make the Services or Software available, whether directly or indirectly, to anyone outside the United States (or, if you are outside of the U.S., to anyone outside of your national jurisdiction) in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the U.S. government and any country or organization of nations within whose jurisdiction you utilize the Services.
Account Security and Total VPN Systems.
- Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password
- The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Total VPN may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
- Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Total VPN may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
- Your account or your access to the Services may be suspended and/or terminated if we receive an abuse report regarding your account or use of the Services.
We are not "HIPAA compliant."
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the transfer of sensitive data, such as information about children or medical or health information. Total VPN does not control or monitor the information or data you transmit through the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that Total VPN is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact support@Total VPN.com.
Compatibility with the Services
You agree to cooperate fully with Total VPN in connection with Total VPN's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services and to ensure that such equipment and software are compatible with the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Total VPN is not responsible for any delays due to your failure to timely perform your obligations.
Billing and Payment Information
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify Total VPN of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Total VPN often offers promotions and special offers to customers during their initial term. These special offers are limited-time promotional prices that are available to new customers only and are valid for the initial term only. Upon renewal, you will be billed at the regular rates, which are currently, $9.97/mo for 2-year terms, $11.97/mo for 1-year terms, and $14.98/mo for monthly terms.
Regular rates that addons are currently billed at; $19.90/year for Priority Support, $49.90/year for Supercharged Locations, $29.90/year for additional connections and $69.90/year for Smart DNS.
Listed fees for the Services include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Total VPN's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
All invoices must be paid within fifteen (15) days of the invoice due date. Any invoice that is outstanding for more than fifteen (15) days may result in the suspension or termination of Services. Access to the Services will not be restored until payment has been received. If you fail to pay the fees as specified herein Total VPN may suspend or terminate your account. Total VPN will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Total VPN may report any such misuse or fraudulent use, as determined in Total VPN's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
You have ninety (90) days to dispute any charge or payment processed by Total VPN. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your account instead of a refund.
If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the "Money-Back Guarantee Period"), you will, upon your written request to the Total VPN Support Team (the "Refund Request") within ninety (90) days of such termination or cancellation ("Notice Period"), receive a full refund of all fees previously paid by you to Total VPN for the initial term ("Money-Back Guarantee Refund"); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 11. Requests for these refunds must be made in writing to the Total VPN Support Team. Refunds will only be issued for basic services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
You may terminate or cancel the Services by giving Total VPN written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Total VPN may, in our sole discretion, refund all pre-paid fees for basic services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement. Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received...." Total VPN will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via email or chat. We require all cancellations to be done through the online form in order to (a) confirm your identity and(b) to document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your account access will be terminated after a cancellation request is processed. Cancellations for accounts will be effective on the account's renewal date.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Total VPN is not responsible for any change in exchange rates between the time of payment and the time of refund.
Total VPN may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Total VPN or others or cause Total VPN or others to incur liability, as determined by Total VPN in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Total VPN shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Total VPN may charge you for all fees due for the Services for the remaining portion of the then current term.
Bandwidth usage is shared among all users of the Services. Provided that you use the Services in compliance with this Agreement and the Acceptable Use Policy, your bandwidth usage will not be limited unless otherwise stated.
Total VPN reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Total VPN through the user billing tool or through other methods of communication, including notices sent or posted by Total VPN.
Limitation of Liability
IN NO EVENT WILL Total VPN ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY CONTENT OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Total VPN IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Total VPN'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Total VPN FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
IndemnificationYou agree to indemnify, defend and hold harmless Total VPN, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
All disputes arising under or relating to this Agreement shall be resolved by final and binding arbitration conducted before a single arbitrator, chosen by Total VPN, pursuant to the commercial arbitration rules of the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. The arbitration will be held at the AAA location chosen by Total VPN in Boston, Massachusetts. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Total VPN will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b), then the payment of arbitration costs shall be governed by the AAA Rules. In such case, you agree to reimburse Total VPN for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, Total VPN shall reimburse you for your reasonable attorneys' fees and expenses incurred for the arbitration. Notwithstanding the foregoing, if you are located in the U.K. the arbitration may be held at a location chosen by Total VPN in the U.K. Independent Contractor
Total VPN and User are independent contractors and nothing contained in this Agreement places Total VPN and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Governing Law; JurisdictionAny controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Commonwealth of Massachusetts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
DISCLAIMERTHE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Total VPN AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OF IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. Total VPN AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, COMPLETELY SECURE, OR WITHOUT LIMITATION; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. Total VPN AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS THROUGH THE SERVICES. Total VPN MAY IMPOSE USAGE LIMITS OR SUSPEND SERVICES, IN ITS SOLE DISCRETION, TO PROTECT Total VPN’S SYSTEMS OR OTHER USERS. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Disclosure to Law EnforcementTotal VPN may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.
Entire AgreementThis Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
HeadingsThe headings herein are for convenience only and are not part of this Agreement.
Changes to the Agreement or the Services
- Total VPN may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Total VPN website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
- Total VPN reserves the right to modify, change, or discontinue any aspect of the Services at any time.
SeverabilityIf any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
WaiverNo failure or delay by Total VPN to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by Total VPN shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
Assignment; SuccessorsYou may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Total VPN. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Total VPN may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Force MajeureNeither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Third-Party BeneficiariesExcept as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.
Total VPN DMCA
Copyright Infringement Notification
As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding Web sites hosted by Total VPN: email@example.com . If you believe content hosted by Total VPN infringes a copyright, please provide the following information to the person identified above (17 U.S.C. 512):
- A physical or electronic signature of the copyright owner or authorized agent;
- Identification of the copyrighted work(s) claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information regarding how we may contact you (e.g., mailing address, telephone number, e-mail address);
- A statement that the copyright owner or its authorized agent has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Acceptable Use Policy
This Acceptable Use Policy (the “AUP”) forms part of Total VPN’s Terms of Service and governs your use of the Services and is incorporated by reference into Total VPN’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. Total VPN may modify this AUP at any time without notice.
The Services provided by Total VPN may only be used for lawful purposes. If the Services are prohibited by law in the jurisdiction in which you reside or from where you access the Services, you are prohibited from using the Services. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Total VPN reserves the right to refuse service to anyone. Any user activity that in our judgment violates this AUP in any manner may result in the suspension and/or termination of your account and/or the Services without notice.
Infringement of Intellectual Property Rights
Use of the Services to infringe upon another party’s intellectual property rights, including without limitation a third party’s copyright, is prohibited. This includes, but is not limited to, the unauthorized copying, access, streaming, downloading or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. If Total VPN determines in its sole discretion that you are infringing on the intellectual property rights of others, your account or your access to the Services may be immediately terminated.
You are prohibited from using the Services for illicit purposes, to transmit any illegal material or to conduct any illegal activities.
You are prohibited from using the Services for any non-personal use. The license granted to you under the Terms of Service is limited to your personal use and does not allow for any commercial, business or server use of the Services.
Sexual Exploitation of Minors
Activities that are potentially harmful to minors, as determined in Total VPN’s sole discretion, are strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any account found to access or transmit child pornography will be suspended immediately without notice and reported to law enforcement.
Additional ProhibitionsYou are further prohibited from using the Services to:
- Transmit or post chain letters, pyramid schemes, biz opp schemes, or other activities that involve deceptive marketing practices;
- Transmit spam in violation of our Zero Tolerance Spam Policy described below;
- Negatively affect the quality of other users’ experience or interfere with their use of the Services;
- Access any computers, machines or networks, or attempt to bypass the security of any host, network or account, without authorization;
- Introduce malicious programs into TotalVPN's systems;
- Monitor or intercept data that is not intended for you;
- Collect personally identifying information or authentication credentials from a third party without authorization;
- Transmit abusive, indecent, defamatory, harassing, or obscene content, in our sole discretion;
- Falsify header information or user identification information; or
- Impersonate any person or entity.
We reserve the right to refuse service to anyone. Any use that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be terminated (or otherwise disabled), with or without notice.
Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency. A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services.
Zero Tolerance Spam Policy
We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists," purchased lists, and selling of lists will be treated as spam. If you send spam through the Services, we may immediately terminate your account or access to the Services without notice. Total VPN reserves the right to require changes or disable as necessary, any account, database, or other component that does not comply with our policies, or to make any such modifications in an emergency that we deem necessary at our sole discretion. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated and Total VPN reserves the right to charge the User a cleanup fee for any charges incurred for blacklist removal at our sole discretion.
If you would like to report a violation of our AUP, abuse, or if you believe that your intellectual property rights are being infringed upon, please email firstname.lastname@example.org . For copyright infringement claims, Total VPN follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures. A list of the information required to submit a sufficient copyright infringement claim can be found here.