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Terms of Service

defencevpn.com (the “Website") provides subscription-based proxy services for selectively anonymous browsing, with related features to optimize browsing speed and downloading time (the “Services").

These Terms of Use (this or the “Agreement”) govern the relationship between the Account Holder (“you” or “your”) and the Website, which is owned and operated by 10504505 Canada Inc. (the “Company”, “we”, “us” or “our”), and supersede all earlier versions of any agreement entered into between you and the Website in relation to the Services. This Agreement applies to any and all matters pertaining to your account, as well as the use of the Services by you as offered on the Website including, but not limited to, any service agreement that you have entered into pertaining to the Services and any specific Rate Plan or Service Plan Information that applies to your account.

For more information about how we collect, use and share information about our Account Holders and visitors to the Website, please also see our Privacy Policy found at https://defencevpn.com/policies/privacypolicy which is incorporated in this Agreement by reference.

Your activation and use of the Services represent your intention and agreement to be bound by all the terms in the Agreement. We reserve the right to add, delete and/or to modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting any revised, updated, and/or new Agreement on the Website. As a condition of your use and/or continued use of the Services, you acknowledge and accept that it is your sole responsibility to keep current as to any changes to the Agreement that may be posted from time to time on the Website, and that your continued use of the Services following the posting of any revisions to this Agreement to the Website constitutes your agreement and acceptance thereof.

Usage Policy

The Website and the Services are accessible from all around the world and, accordingly, it is your responsibility to assess whether using the Website or the Services is in compliance with the laws and regulations in force in your jurisdiction. You agree to comply with all applicable laws and regulations in connection with your use of the Website and the Services.

We aim to provide you with the best possible service and, in that regard, we require that you do not misuse the Website or the Services. Accordingly, by activating and using the Website and the Services, you agree not to use your account, or enable your account to be used by a third party, to:

1) Send, transmit or disseminate, in any way, any unsolicited advertisements or content ("Spam") over the Services.

2) Send, transmit or disseminate, in any way, any content over the Services that would constitute or include the sexual or explicit depiction of minors, including, without limitation, child pornography.

3) Upload, download, post, reproduce, or distribute any content protected by copyright or other proprietary right, without first having obtained permission of the copyright owner.

4) Attempt, in any way, to use the Services as a means to defraud and/or to avoid due compensation for use of paid services that would normally be due to any individual or corporation offering such services, including, without limitation, content providers.

5) Engage in any conduct that restricts or inhibits any other Account Holder from using or enjoying the Services.

6) Attempt to access, probe, or connect to computing devices without proper authorization (i.e. “hacking”).

7) Send, transmit or disseminate, in any way, any worm, virus or other harmful, destructive or disruptive files, code or programs on the Website or through the Services.

8) Engage in any conduct that would violate the personal privacy rights of others including, but not limited, the collection and distribution in any way of information pertaining to internet users without their authorization, except as permitted by applicable law.

9) Attempt to access, utilize, compile.

10) Send, post to, transmit or disseminate, in any way, through the Services any unlawful communications and material, including, but not limited to, any communications and material that could be deemed as harmful, threatening, abusive, harassing, defamatory, hateful, and/or discriminatory, that encourages conduct that may constitute a criminal offense and/or give rise to any form of civil liability or otherwise violate any applicable laws and regulations.

11) Using the Service for anything other than lawful purposes.

12) Electronically stalk or otherwise electronically harass any person.

13) Use the Services in any manner that could damages, disable, overburden or impair the Web.

We reserve the right to take appropriate measures in cases of any violations of this Usage Policy. Any such violation will result in termination of your account, without any refund of amounts previously paid for the Services. Additionally, you will be held responsible for any and all damages incurred by us by reason of your violation(s) of this Usage Policy, including, but not limited to, associated attorney fees and costs.

Age Requirements

You represent that you are at least eighteen (18) years of age. If you are acting on behalf of a corporation, you represent that you have the authority to do so, and that accordingly, such corporation shall be bound by all the terms of the Agreement.

Personal Use

The Services are intended for your personal, non-commercial use in accordance with the terms of the Agreement.

Modification of Services

We reserve the right to modify our Services at any time, at our sole discretion, with or without notice. Your only right with respect to any dissatisfaction with the Services is to terminate your account in accordance with this Agreement.

Accurate Information

For identification and billing purposes, you agree to provide Company with accurate, complete, and updated information as required by the Site's membership registration ("Registration Information"), name or username, email address, and applicable payment information (e.g., credit card number, email address, and expiration date) as well as the necessary Billing information and to provide Company and its third party payment processor with explicit authorization to charge the applicable fees and any applicable taxes at the time of purchase or renewal.

Verification of Registration

Billing Information and Payment Card provided at the time of registration for membership will be verified. In order to proceed with the verification of these items, you hereby authorize us to place a pending charge on your Payment Card when you register as a member and prior to each subsequent periodic charge. Pending charges are temporary (typically three (3) to seven (7) days in length) and will not be converted into an actual charge to you. Pending charges will, however, reduce the available amount of credit or debit capacity on your Payment Card in the amount of One Dollar ($1.00), One Euro (€1.00) or One Great British Pound (£1.00) per pending charge. This is not an actual charge and is usually returned to your balance within 72 hours. Please note that release times are dictated by the card issuers and our outside of our control.

Membership

The membership options provide you with unlimited access to the Services under various term lengths and prices.

Free Trials

From time to time, the Company may offer a free trial period for the Service to first-time customers. Unless otherwise specified, this offer is limited to one (1) free trial subscription per person and/or email address. When such an offer is made, at the time of registration for your free trial, your Payment Card will be authorized but your Payment Card will not be charged until the expiration of the free trial period unless you accept another offer during your free trial as stated on any offer page.

UPON COMPLETION OF THE FREE TRIAL PERIOD, YOUR PREMIUM MEMBERSHIP SUBSCRIPTION WILL RENEW AUTOMATICALLY UNDER THE ONE (1) MONTH (30 DAY) PREMIUM MEMBERSHIP PLAN, REGARDLESS OF THE LENGTH OF YOUR FREE TRIAL PERIOD. Your Payment Card will be charged the recurring monthly membership fees and any applicable sales tax on the day following the expiration of your free trial period, unless you have chosen to cancel your subscription prior to the conclusion of the free trial period. YOU MUST CANCEL YOUR SUBSCRIPTION PRIOR TO THE END OF THE FREE TRIAL OFFER TO AVOID CHARGES TO YOUR PAYMENT CARD.

Cancellation and Refund Policy

We want you to be fully satisfied with our services. That being said, we reserve the right to troubleshoot any issue with your experience first, there are often several nuances regarding VPN service configuration, and we solve the majority of issues encountered.

We reserve the right to suspend, terminate, or refuse service to anyone at any time for any reason. No refunds will be considered for accounts deleted for violation of our Terms of Service.

Proprietary Rights

License Upon payment of the membership Fee and subject to your compliance with these Terms, Company grants to you a non-exclusive and limited license to download and use the Software and/or Service. You acknowledge that you do not acquire any ownership rights in the Software and/or Service. The Services and all material published on the site or any other Company Applications, including, but not limited to text, software, source code, code, formulas, images, video, text, graphics, audio, text, and other materials (together "Content" or “Software”) is owned by the Company or its licensors and is protected at law. All trademarks, service marks, trade names, and trade dress appearing on the Sites ("Marks") are proprietary to the Company and/or our licensors or licensees. You agree not to copy, reverse engineer, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Marks, the Content, Applications or the Services.

General

Disclaimers We will endeavor to prevent interruptions to the Site and Services. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement. We do not make any representations or warranties that the Services will meet your requirements, or that it will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. You acknowledge that you access the Site and Services at your sole risk and discretion.

You acknowledge and understand that the service coverage, speeds, server locations, and quality may vary. We will attempt to make the Service available at all times however the Service may be subject to unavailability for a variety of factors beyond our control, including but not limited to emergencies, third-party-service failures, or transmission, equipment or network problems or limitations, interference or signal strength, and may be interrupted, refused, limited, or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service, communications services or networks.

To protect Subscribers or the Service, we reserve the right to impose usage or Service limits, suspend Service, terminate VPN accounts, or block certain kinds of usage in our sole discretion. The accuracy and timeliness of data received is not guaranteed, delays or omissions may occur. We reserve the right to perform regular or planned or unplanned maintenance to our virtual products due to technology improvements or bugs, and you may or may not be notified of these changes before they occur.

Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Limitation of Liability

The Company shall not be liable and shall not bear any responsibility in any way towards you, or any other individual, for any loss or damage that you incur in the event of:

  • any failure or interruption of the Site or Service;
  • any act or omission of any Third Party involved in making the Site or Service or the data contained therein available to you;
  • your interactions on the Site or Service;
  • your failure to comply with this Agreement;
  • the cost of procurement of substitute goods or services.

In no event will the Company, its partners, affiliates, subsidiaries, members, officers, or employees be liable for any direct, special, indirect, consequential, or incidental damages, or for any other loss or damages of any kind, even if they have been advised of the possibility thereof. The foregoing shall not apply to the extent prohibited by applicable law.

Indemnity/Hold Harmless

You understand that you are personally responsible for your behavior while accessing or using the Services and agree to indemnify and hold the Company, its affiliates, business partners, distributors, agents, representatives and other authorized users, and their respective officers, directors, employees, and agents (collectively, the "Indemnified Parties"), harmless from and against any loss, damage, liability, cost, or expense of any kind (including attorneys' fees) that the Indemnified Parties may incur in connection with any claim arising out of or related to your use of the Services or your violation of either these Terms, applicable law or the rights of any third party. If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction).

Governing Law/Disputes

These Terms shall be governed by and construed in accordance with the laws of Canada without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and the Company (“Dispute") shall lie in courts of Quebec. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated.

Contact Us Please Contact Us with any questions by email us at: [email protected]

Copyright (c), 2018, 10504505 Canada Inc., All rights reserved.