Agreement
This agreement is between UpSafeVPN and you, the subscriber, to provide a virtual private network service. You are indicating your acceptance of these terms and conditions and your agreement to be bound by this document and future revisions thereof and to comply with the current Acceptable Use Policy.
Term
This agreement will commence on receipt of payment from our payment service and shall (unless terminated earlier in agreement with these Terms And Conditions) continue on a month-by-month basis.
Service
The service speed can vary depending on location, line quality, Internet traffic, and other factors beyond our control. We can not guarantee upload or download speeds.
Your Service is not limited by the amount of data that you transfer.
Any IP addresses you may be assigned as part of the service are the property of our service provider and may be changed at any time.
We cannot and do not guarantee uninterrupted service. In any event, UpSafeVPN will not be liable for any monetary damages beyond what the user paid to UpSafeVPN.
Cancellation
Your account will remain in service for the period that has been paid for in advance. Should you wish to cancel your account, you must do so with the payment provider or by contacting our help desk. In the event that your payment is not received, access to our VPN service will be suspended until such payment is received.
Refund Policy
We will provide a full refund of any payments up to 30 days after the date of the payment. Refunds requested after 30 days will be made at our discretion. To request a refund, please get in touch with our help desk.
Usage
Please see our Acceptable Usage Policy.
Multiple Connections
Your subscription with us entitles you to use our VPN service on unlimited devices concurrently. You are free to configure our service on as many devices as you like.
Shared Use
Shared use of our VPN service is not permitted. You must ensure that your username and especially your password remain private and are not shared with anyone else. Your subscription is on a per-user basis and may not, under any circumstances, be shared. In the event that we believe an account has been shared, we will in the first instance, warn the account holder via email, and if the account continues to be shared, the account will be suspended.
Disclaimers and Warranties
The services are provided on an “as is” and “as available” basis. UpSafeVPN does not warrant that the services will be uninterrupted, error-free or free of viruses or other harmful components. UpSafeVPN makes no express warranties and waives all implied warranties including, but not limited to, warranties of title, non-infringement, merchantability and fitness for a particular purpose regarding any merchandise, information or service provided through UpSafeVPN or the Internet generally. No advice or information given by UpSafeVPN or its representatives shall create a warranty. UpSafeVPN and its employees are not liable for any costs or damages arising directly or indirectly from your use of the services or the Internet, including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages. In any event, UpSafeVPN’s cumulative liability to you for any and all claims relating to the use of the services shall not exceed the total amount of service fees paid during the month immediately preceding a claim.
UpSafeVPN shall have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from other users accessing your computer; security breaches; eavesdropping; denial of service attacks; interception of traffic sent or received using the services; your reliance on or use of the equipment or services, or the mistakes, omission, interruptions, deletion of files, errors, defects, delays in operation, transmissions, or any failure of performance of the equipment or services; the use of the equipment or services by you or a third party that infringes the copyright, patent, trademark, trade secret, confidentiality, privacy, or other industrial or intellectual property rights, proprietary rights or contractual rights of any third party; the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the service or the Internet.
The foregoing limitation applies to the acts, omissions, negligence and gross negligence of UpSafeVPN, its officers, employees, agents, contractors or representatives which, but for this provision, would give rise to the cause of action against UpSafeVPN in contract, tort, or any other legal doctrine. Your sole and exclusive remedies under this agreement are as expressly set out in this agreement. Any warranty gives you specific legal rights. You may also have other rights, which vary from country to country.
Miscellaneous
This agreement, the Acceptable Use Policy, and UpSafeVPN’s other agreements and policies posted on UpSafeVPN’s website constitute the entire agreement between you and UpSafeVPN with respect to your use of the service. UpSafeVPN may revise, amend, or modify the agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on UpSafeVPN’s website: (https://UpSafeVPN.com) and/or on your start pages and/or by email and/or in our various publications and mailings to you. This agreement may not be amended or modified by you except by means of a written document signed by both you and an authorised representative of UpSafeVPN.
You may not assign your rights or delegate any of your duties under this agreement without the prior written consent of UpSafeVPN, and any attempted assignment or delegation without such consent shall be void. If one or more provisions of this agreement shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired thereby. UpSafeVPN will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of UpSafeVPN as reflected in the original provision. Nothing in this agreement or in the understanding of the parties construes upon the parties the status of agency, partnership, or other forms of joint enterprise between the parties. UpSafeVPN may subcontract any work, obligations or other performance required of UpSafeVPN under this agreement without your consent.
You shall indemnify and hold UpSafeVPN harmless against all third-party claims, demands, suits, actions, judgments, losses, costs, damages (direct, indirect and consequential), legal fees and expenses that UpSafeVPN may sustain or incur by reason of any breach or alleged breach of any term or condition of this agreement, the Acceptable Use Policy, and UpSafeVPN’s other agreements and policies and for any act or omission of you or your clients which are in any way related to the UpSafeVPN.com service.
Please also refer to our Acceptable Use Policy and our Privacy Policy.