This Agreement applies to subscribers of DotVPN (hereinafter - Service).
By subscribing to the Service, you agree to the following terms of service. If you do not agree to the conditions described in this Agreement, including any future changes to the Agreement, you're not entitled to use this service.
If after reading you have any questions regarding this Agreement, you can contact our technical support by e-mail: firstname.lastname@example.org.
DESCRIPTION OF SERVICE
DotVPN is a service that provides to individual users secure access to open resources on the Internet and other private networks under management software Smart Security Ltd. (hereinafter - Software).
DotVPN creates a «secure tunnel» between the user's computer or mobile device and open internet resources and/or private networks, such a way that no one can read or change the data sent and received by user. Data security is achieved through the use of digital certificates, together with the technology of Internet security protocols. Technology provides user authentication by digital certificate such a way that ISP open access and commercial ISP user or hacker «wedged in the middle» cannot read or change the data sent by the user in the communication. The advantage of the technology is that it supports authentication at the network level, the confirmation of the original data, data integrity, data confidentiality (encryption), and the mechanism of protection against a repeat play, providing an excellent level of user safety.
Website dotvpn.com (hereinafter - Site) and service DotVPN served by Smart Security Ltd. (hereinafter - the Company). Company's registered office: 18/F., Wanchai Central Building, 89 Lockhart Road, Wanchai, Hong Kong.
By registering to use DotVPN, you must provide accurate and reliable data, and timely notify the Company of any changes in the registration data.
By subscribing to the Service you agree that DotVPN (hereinafter the Service) is provided to ensure the security and privacy of Internet user access. As a condition of using the Service, you represent and warrant that the Service will not be used for any other purpose prohibited by the laws of Hong Kong, and violate this User Agreement and you warrant that:
• You have the legal capacity (age and legal status to sign contracts) for an agreement on its own behalf or on behalf of a legal entity.
• You shall not modify, hack, copy or resell and distribute the software and data, or parts thereof, provided in during the provision of services.
• You exclude unauthorized third-party access to the Service and its components (software, certificates, USB-key).
• You will not use the Service for illegal activities or conduct that may cause damage to third parties or violate their right to privacy, or cause other damage that does not allow others to use the Service.
• Site visits and use of the Service shall not be in conflict with the laws of the country in which you carry out using the Service.
ACCESS AND REGISTRATION IN THE SYSTEM
We reserve the right to suspend or terminate any account, and block the use of our website and services, if in our opinion, the User has violated any provision of this Agreement.
The User has the right to download the software and install it on an unlimited number of devices. However, a one subscription entitles only three concurrent connections.
Only the User has the right to use the subscription. The User has no right to lease or otherwise transfer its right to use the Service to a third parties. Otherwise the user is responsible for the actions of all persons using his account and for their compliance with the terms of this Agreement.
The User is responsible for his account and for his confidential data. The user should refer to the login and password as confidential information and not disclose them to third parties. The user must make every effort to prevent unauthorized access to his account.
LIMITATIONS AND RESPONSIBILITY
You agree that your use of the Service is at your own risk and are solely responsible for your own actions. We are not responsible for the actions that you perform using the Service. You are responsible for any damage caused by third parties through the use of services.
The Company uses a variety of tools and techniques to provide quality service and availability 24 hours a day, 7 days a week, 365 days a year and provide a correct user authentication, data integrity, data confidentiality (encryption), but the Company can not be responsible for damage caused by temporary or permanent unavailability of the Service and / or its components.
Service may not be available for a number of reasons beyond our control, including failure of equipment of third parties, falling providers communication channels, weakness of public networks (a user would use) signal, operation of which we cannot control, etc. We are not responsible for loss of data, messages, pages loaded sites, because of interruptions and low quality of Internet network infrastructure.
We reserve the right to periodically perform maintenance or repair our equipment with or without notice (in case of breakages) because of what the service may be temporarily unavailable. If downtime due to our fault exceeds 24 hours, we will refund the cost of downtime to the user, either by returning a part of the cash flows for the period providing the Service, in proportion downtime, either by providing a discount for the next period or the additional free day. If downtime due to our fault exceeds 48 hours, we will refund to the user the full cost of the current period, paid by the user or provide free services for the next reporting period.
We do our best to provide users with the highest possible speed, but this data rate is only estimates and do not mean the actual rate at which the data will be transmitted. Actual data rate depends on many factors, such as configuration and network congestion, subscriber location and other parameters of the Internet infrastructure. Accuracy and timeliness of getting the data is not guaranteed, delays or omissions may occur.
TARIFF PLANS AND FEES
User agrees to timely pay the cost of services under this Agreement, according to the selected tariff plan. Description of tariffs specified in the relevant web page of the site.Cost of services includes all taxes that are applicable to the provision of the Service in accordance with the laws of Hong Kong. Provision of Services under this Agreement shall take place on the basis of 100% prepayment.
User confirms that he is acquainted with the cost and the content of the Services. The User is informed that the Company can change the cost of services, notifying users by posting information on the web page of the site devoted to the description of tariff plans. Changes made to the cost of the services are not retroactive.
Users have the right to pay in any convenient for their currency. Payment can be made by debit or credit card, as well as through one of the online payment systems.
TERMINATION OF SERVICES
User may stop using Service at any time, starting with the next billing period, in accordance with this Agreement. In case of refusal of the Service using, the money for the current period are not refundable. If user pay the subscription for several periods in advance, when refusing to use Service, the remaining balance returns to the user, less the value of less the value of the current billing period. Minimum payment period is a month.
In the event of termination of use of the Service due to a violation of this Agreement, the money will not be returned to the user.
Violation of this Agreement by the user will be established by the Company in its sole discretion. Failure to comply with any clause of this Agreement entails the following consequences:
• Immediate suspension of the right to use Service and / or software without a money refund;
• Issuing a caution;
• Compensation for damages (including administrative and legal costs) incurred by the Company as a result of the offense;
• Post any necessary (in our opinion) information to law enforcement authorities;
• Other legal actions;
ILLEGAL USE OF THE SERVICE
The user has the right to use Service and software only for lawful purposes. The Company reserves the right to refuse to provide the Services at any time without prior notice in the event of unacceptable behavior of user, expressed in violating the provisions of this Agreement.
The next use of the Service is unacceptable and will result in termination of the service:
• Using the Service for mass spam mailings;
• Computer fraud, viruses and hacking applications;
• Unauthorized access and hacking of others computers;
• DDoS attacks;
• Distribution of child pornography and other illicit content;
• To harm or attempt to cause damage to third parties;
• For interference or disrupting of Site systems, and for any violation of the requirements and procedures, policies and regulations of any networks connected to the System;
• To collect and store personal data about other users without their knowledge;
• Other activities that are illegal under the laws of Hong Kong.
The User hereby accepts the restrictions on service imposed by the laws of Hong Kong.
Terms of this Agreement are in accordance with the requirements and laws of Hong Kong. All that is not spelled out in this Agreement shall be construed under the laws of Hong Kong.
CHANGES TO AGREEMENT AND SERVICES
The Company reserves the right to amend this Agreement by posting an updated version of its reference on this Web page with an indication on the revision date of Agreement or any item. Company reserves the right to unilaterally change the agreement.
In connection with the foregoing, we recommend you to browse this page not less than 2 times per month, to be aware of the new version of the Agreement.
The Company may discontinue to provide services under this Agreement, temporarily or permanently, provided notice of it no later than one calendar month.
SECURITY AND DATA PROTECTION
We use different mechanisms to protect your personal information from unauthorized access by third parties. Our general policy in this matter is as follows - we do not disclose to anyone information about our users without a court order or the consent of your own. For information security, we use the following tools:
«The software part». To ensure the security of user data transmission we use several mechanisms to protect, such as 256-bit encryption and IPSec technology. We use special tools and devices, that does not compromise our users' digital certificates, and thereby to protect users from viewing data and (or) changes even in the case of unauthorized access to our servers of third parties.
«Infrastructure part». Our servers are located in a secure server center with video surveillance and round the clock security. Physical access to our servers will not allow to attackers to gain access to the data, since all data is encrypted. We regularly save data to insure against physical system failure and for allow quick recovery of systems and services.
We keep the history of user connections for the last 24 hours, to prevent violations of this Agreement by the Users, and after that the information is removed, and there is no technical possibility to get information about user connections for the period earlier than 24 hours from now.
THE INFORMATION WE COLLECT
In order to provide services, we may collect personal information that will be used solely for display and personalization personal cabinet of user for ease administration and development services.
The Company collects and stores the following information about users:
• Registration data (E-mail and password in an encrypted SHA256);
• IP address of the user within 24 hours since you last connected;
• The date of the registration;
• Payment Dates of subscription fee.
The company has the right to collect data on certain pages of the Site you visit, the frequency and time of use of the Service, including personal data specified by the user during registration for billing, for providing statistics to users, and for the possibility to contact the user on the provision of the Services. All this information is used solely to provide services and improve service quality and development of all Services.
In particular, we may collect the following information about users:
• Where applicable, we may store information on the version of software used by the user to ensure compatibility with products and services;
• We keep track of your use of the Services to provide the user of statistics and to optimize, improve and develop services, improve the quality of services.
CREDIT CARD DETAILS
We do not save or store Users credit card information. Payments by credit cards are processed in real-time by authorized agents.
Withdraw funds from the credit card is automatically and instantly. We do not store credit card data and other payment information. If the need to return of funds to the user, it is credited to the user’s credit card through authorized agencies.
USE OF COLLECTED INFORMATION
We do not sell or share your personal data, do not provide access to the history of user connections services to third parties. The only exception - the decision of the Hong Kong court with the requirement to provide such access to representatives of the law.
We reserve the right to use the information we collect for the following purposes:
• We may contact you by phone or e-mail on quality issues or technical problems and other issues related to the Service, and for notification of changes in the composition and properties of services and information;
• We may contact you to notify you about the expiration of Contract and offer the prolongation of services;
• With your permission, we may contact you by phone or email for notifications about new DotVPN services and special DotVPN offers.
DISCLOSURE OF INFORMATION
Your personal information that you trust us is stored on servers in Hong Kong. Only authorized DotVPN employees have access thereto, including our representatives located in other countries who can get access to some of the information regarding payment issues and the quality of services, and other information necessary for the development of services and assistance to users in a particular country.
We may share the information which is necessary for the implementation of services to third parties only with your permission. If our business will be subject to a merger or acquisition with another company, your information may become available for new business partners and owners. If only the law will not require it, we will not disclose, sell or distribute the information that we provide by users without their consent.
ACCEPTANCE OF SERVICE