Effective Date: April 15, 2014
These Terms of Service ("Terms") govern your use of the www.ipvanish.com website (the "Site") and the IPVanish VPN and related service (the "Services"), which are owned and operated by IPVanish ("IPVanish," "we" or "us"). Our Privacy Policy is incorporated by reference into these Terms, and is subject to the provisions of these Terms,. Please read these Terms carefully before you access the Site or Services, as these Terms form a binding legal agreement between you and IPVanish.
By accessing the Site or registering for or using the Services, you agree to these Terms in their entirety.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR SERVICES. YOUR USE OF OUR SITE AND SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES THE IPVANISH PRIVACY POLICY, WHICH CAN BE FOUND AT WWW.IPVANISH.COM/PRIVACY-POLICY.PHP.
We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of this policy. Such modification shall be effective immediately upon posting at the Site. As your next visit to a Site or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record, when you log-in to your account, or when you log-in to the Services.
Your use or continued use of the Site or Services following the posting and/or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies
You understand that we are providing you with a virtual private network ("VPN") service, which includes, but is not limited to, the use of servers, transport, routers, IP addresses and other equipment and protocols to transmit information over our network (the "System"). You agree to abide by these Terms with respect to your use of the Service.
You may not access or use the Site or Services if you are unable to form a binding, legal agreement with IPVanish. You affirm that you are over the age of 18. You assume all responsibility for your use of, or access to, the Site or Services.
Accounts are for single user, individual use only. Any non-individual use or multiple-party use is prohibited. For example, the following uses are prohibited under this section:
4.1. Accuracy. By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us if your information changes.
4.2. Privacy. You may browse the Site without providing us with any personal information; however, to use our Services, you must register with us and submit certain personally identifiable information. You expressly agree that we may use your information in accordance with the terms of the IPVanish Privacy Policy, which you can find and read at www.ipvanish.com/privacy-policy.php.
IPVanish grants you a personal, limited, non-transferable, non-exclusive license to use IPVanish Site content and the Services, solely for your personal, private and non-commercial use in connection with the IPVanish Services accessed by you. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services or our System to host content for others. You may not copy or download any content from the IPVanish Services except with the prior written approval of IPVanish.
Furthermore, without the prior written approval of IPVanish, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Site content or Services. Any commercial use is expressly prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Site. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the IPVanish Services you are using.
Making unauthorized copies or distribution of Site content may result in the termination of your IPVanish account, prohibition on use of IPVanish Services, and further legal action.
The Services may require or allow you to download software, software updates or patches, or other utilities and tools onto your computer, entertainment system or device ("Software"). IPVanish grants to you a non-exclusive, limited license to use IPVanish Software solely for the purpose stated by IPVanish at the time the IPVanish Software is made available to you and in accordance with these Terms. Your use of the IPVanish Software may be subject to the terms of an end-user license agreement. You may not sub-license, or charge others to use or access IPVanish Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from IPVanish Software. You may not modify IPVanish Software or use it in any way not expressly authorized in writing by IPVanish. You understand that IPVanish's introduction of various technologies may not be consistent across all platforms and that the performance of IPVanish Software and related IPVanish Services may vary depending on your computer and other equipment. From time to time, IPVanish may provide you with updates or modifications to IPVanish Software. You understand that certain updates and modifications may be required in order to continue use the IPVanish Software and IPVanish Services.
IPVanish enforces a zero-tolerance SPAM policy regarding information transmitted through our network. IPVanish may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:
IPVanish may, with prior notice, change the fees it charges you for accessing the Services at any time. All prices are quoted for one user on one device. You agree that all fees charged by IPVanish for accessing the Services will be automatically charged to your payment account on file with IPVanish, at the time of any automatic renewal of your subscription for Services. To view our current subscriptions, payment terms and fees, go to https://signup.ipvanish.com/.
If you are less than 100% satisfied with the VPN service, we will gladly refund your payment if the refund is requested within seven (7) days from the date of the purchase. Requests made later than the 7 day purchase date will not be honored.
You understand that by paying using variably priced currencies, such as BitCoin, you are using a payment method that may fluctuate a large amount in value in a short period of time. You agree that any refunds for transactions using these methods will be assessed at the USD exchange rate at the time of the refund, and not at the time of the original transaction or refund request.
You also understand that certain cash equivalent or other payment methods may not allow for refunds or that refunds may happen slowly or by paper check or that refunds may have service fees associated with them. You agree and acknowledge that IPVanish is not liable if a payment method does not allow for refunds. You will receive an offer for service in lieu of a refund if a payment method does not allow a refund.
Subject to clause 19, IPVanish is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services or on our System. By using our Services, you expressly waive the right to seek damages and agree to hold IPVanish harmless for any such loss, alteration, corruption or removal.
IPVanish may also at any time modify or discontinue, temporarily or permanently, all or any part of the Services or your account, with or without notice, and you agree that IPVanish will not be liable to you or any third party for any such modification, suspension or discontinuance. Our Services are not intended to be used in countries where offering or providing the Services is illegal, and we do not offer the Services in such countries or to citizens of such countries, including the countries of Iran, Cuba, North Korea, Syria or Sudan.
We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. We are not a publisher of third-party content accessed through the Services and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.
You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services, or our Software or System, to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
IPVanish respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate in appropriate circumstances the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the System that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Additionally, you shall not upload, download, post, publish, reproduce, transmit or distribute in any way any component of the System itself or derivative works with respect thereto.
The Services and Software may be subject to export control restrictions of the United States, the European Union, Canada or other jurisdictions. By using the Services or downloading any Software from IPVanish, you warrant that you are not located in any country, or exporting the Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Services any content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of these Terms.
These Terms shall be automatically renewed for successive one-month periods, until canceled by you or by IPVanish. IPVanish may deny or restrict your access to all or part of the System without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that IPVanish in its reasonable discretion believes violates the letter or spirit of any of these Terms. If IPVanish denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.
You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting these data. Access to the System, our Services, the Internet, and to certain online transactions involves the use of identification numbers, passwords, payment accounts or other individualized nonpublic information ("Private Documentation"). You shall use your best efforts to prevent unauthorized use of our Services, the System or of any Private Documentation, and shall promptly report to IPVanish any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. IPVanish shall not be liable for any unauthorized use of payment accounts. Account sharing (e.g. allowing others to use your account information to access the Services) is not permitted.
By using our Services, you affirm that you are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside. You understand that the Internet may contain information which may be offensive, may be illegal in various jurisdictions or may be inappropriate for certain ages and that IPVanish is not responsible for detection and removal of such information. In accordance with the Children's Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from children under 13.
Actual service coverage, speeds, locations and quality may vary. IPVanish will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.
YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE, ALL SITE INFORMATION AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. IPVANISH DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IPVANISH DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, IPVANISH'S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
UNDER NO CIRCUMSTANCES WILL IPVANISH, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS ("IPVANISH PARTIES") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.
IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE IPVANISH PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, SERVICE, SOFTWARE OR ANY CONTENT THEREIN, THE IPVANISH PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID IPVANISH FOR YOUR USE OF THE SERVICE; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE IPVANISH PARTIES' LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold the IPVanish Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or relating to any violation of these Terms by you; any content or material you submit or otherwise transmit through our System or Services; or your violation of any rights of another. IPVanish reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This Section shall survive termination of these Terms.
21.1. Entire Agreement. These Terms, along with any rules, guidelines, or policies published on the IPVanish homepage constitute the entire agreement between IPVanish and you with respect to your use of our Site Services. If there is any conflict between the Terms and any other rules or instructions posted on the Site or Services, the Terms shall control.
21.2. Amendments. No amendment to these Terms by you by shall be effective unless acknowledged in writing by IPVanish. Notwithstanding the foregoing, IPVanish reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.
21.3. Jurisdiction and Venue. These Terms shall be governed by, and construed in accordance with, the laws of the state of Florida, without reference to its choice of law rules. Venue for any action arising out of or in connection with this agreement shall be in Orange County, Florida. The parties each hereby consent to the jurisdiction and venue in Orange County, Florida and waive any objections to such jurisdiction and venue.
21.4. Limited Time to Bring Claim. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site or Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.
21.5. Severability. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.
21.6. Assignment. You may not assign its rights or obligations under these Terms without the prior written consent of IPVanish, which may be withheld in IPVanish's sole discretion.
21.7. Non-Waiver. IPVanish's failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Effective Date: April 15, 2014
Your privacy is important to us, and we want you to understand what we collect, what we don't collect, and what we do with the information that we do collect. This Privacy Policy (the "Policy") applies to the information we collect about visitors to www.ipvanish.com (the "Site") and subscribers to the IPVanish VPN and related service (the "Services"), which are owned and operated by IPVanish (contact information below).
Our Terms of Use, including their limitation on liability, apply to the Privacy Policy. You can read them at www.ipvanish.com/tos.php.
IPVanish does not collect or log any traffic or use of its Virtual Private Network service.
You do not have to give us any personally identifiable ("personal") information to browse our Site, but to subscribe to our Services you must create an account and register with us. In general, we collect the following limited information from users and only use it in order to process payments:
Account Information. To create an account, you may need to provide certain personal information, such as your name, billing address and e-mail. You will also need to select a username and password and provide us with payment information. The type of information collected may vary depending on payment method chosen. We will only use this information to collect and process payments for you. Once you have created an account, billing and subscription information can be accessed and modified by you at any time via your control panel.
Site Visitors. We collect certain information automatically from visitors to our Site, such as IP (Internet protocol) address and pages viewed on our Site. For more information, see the "Cookies and Tracking" section below. However, we do not track user activities outside of our Site, nor do we track the browsing activities of users who are logged into our VPN service.
We do not sell or rent personal information to others.
The information we collect through our Site and Services is primarily used to create new accounts, collect payment for our Services, identify and communicate with current subscribers, or offer troubleshooting or customer support. We may also use personal information for the following reasons:
This section describes the information we collect about visitors to our Site. As noted above, we do not track user activities outside of our Site, nor do we track the web activities of users when they are logged into our VPN Services.
We may use or engage others to use cookies, clear gifs, and similar technologies to understand how users access and use our Site. In general, you can browse our Site without telling us who you are or submitting any personal information. However, we collect the IP addresses of all visitors to our Site, as well as other related information such as page requests, browser type, operating system and average time spent on our Site. We use this information to help us understand Site activity and to monitor and improve our Site.
Cookies. Cookies are alphanumeric identifiers that we transfer to your computer's hard drive through your web browser for record-keeping purposes. There are two types of cookies: session-based and persistent-based cookies. Session cookies exist only during an online session; we use session cookies to allow our systems to uniquely identify you while you are logged in to your account at the Site. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.
Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Site visitors who disable their web browsers' ability to accept cookies will be able to browse the Site but certain Site features will not function.
Clear GIFs (Web Beacons/Web Bugs). We or the third parties we engage may employ clear GIFs (a.k.a. Web Beacons/Web Bugs) to help us better manage content on the Site by among other things, tracking the activities of our Site visitors and compiling statistics about Site usage. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on your computer's hard drive, clear gifs are embedded invisibly on Web pages or within emails.
Third Parties. We may engage third parties, such as Google Analytics, to track and analyze non-personally identifiable Site data. These third parties may use cookies and clear GIFs on our Site to collect, analyze, and generate reports on Site usage for us. We do not provide these third parties with any personal information that we have collected about you. Use the following link to opt out of Google's Analytic tracking: https://tools.google.com/dlpage/gaoptout
We use security measures that are consistent with industry standards to protect your personal information from loss, theft, misuse or unauthorized access or disclosure or destruction. All employees are kept up-to-date on our security and privacy practices. In addition, access to user or subscriber personal information is restricted to those who need to know such information to perform their job functions.
Where appropriate, we use encryption, access controls, passwords, and/or physical security measures to protect the personal information we collect and maintain about you against unauthorized access and disclosure. Despite our efforts, no data security methods guarantee 100% protection. We do not promise and cannot guarantee that your personal information can never be viewed and/or used by others.
We may send you marketing and promotional emails about products, services and other information we think may interest you. You may unsubscribe from such emails at any time by emailing us at [email protected] and telling us you would like to "unsubscribe from marketing emails." In addition, if you receive a marketing or promotional e-mail from us, you may click the unsubscribe link contained in the e-mail to "opt out" of receiving future promotional e-mails from us. However, we may continue to send you emails about your account and for other customer-service-related purposes.
Requests to review or amend your account information, or for technical support, service information, and changes in usage should be sent to: [email protected]. We try to respond to all requests in a timely manner. You may also view and amend much of your account information, or update or renew your subscription, by logging in to your account and updating your account information.
Our Site and Services are not intended for anyone under the age of 18. If you are a parent or guardian and believe that your child under 13 has provided personal information to us, please contact us so that we can delete the child's information.
IPVanish and our computer systems are based in the United States, so your personal information will be processed by us in the United States, where data protection and privacy regulations may be different than in other parts of the world. When you create an online account with us from outside the United States, you agree to the terms of this Policy and our Terms of Service, and give your consent to the transfer to and processing of such information in the United States, which may not offer an equivalent level of data protection as that in the European Union, Canada or other countries.
For questions about this Site or IPVanish, or for more information about how we or our service providers treat your personal information, please contact us at:
[email protected]We may change this Policy from time to time, without prior notice to you, consistent with applicable privacy laws and principles. If we do so, we will post a new effective date for that Policy. Your continued use of the Site or Services constitutes your acceptance of the then-effective Privacy Policy.