P2P.Surf will, via the Services, provide the best efforts to maintain your anonymity and privacy online, limit your device's data consumption, and permit you to access various websites prohibited or otherwise inaccessible in your country of residence.
Our Services are offered free with no charge to you, however, if a premium version of the Software is offered in the future, some of the Features and functions of the premium version may not applicable to your current edition of the free software;
Individuals under the age of 16 may not use our Services, nor if you are not the owner or administrator of the website you submit to P2P.Surf.
We reserve the right, at our sole discretion, at any time, change, modify, add, or delete, or otherwise alter any of the terms and conditions of this Agreement. We also reserve the right to at any time, change, modify, add, or delete a portion or at any time including without limitation the availability of any Features.
Any material change in this Agreement will be indicated with a notice on the Site. You agree that, with your continued use of the Services, following any alteration of the Services or the Agreement, that you completely and irrevocably accept any and all of these changes. Failure to agree on your part means you may not use or continue to use the Services.
You are hereby granted a personal non-exclusive license for personal or commercial use. This license may not be transferred, assigned or sub-licensed to another party, and is for you to use our Services on your device. The license is revocable and limited, and is intended for personal and commercial use.
You have received use of the Software through a license, not a monetary transaction. Unless otherwise indicated in the Agreement or within any policy, you are not permitted to (a) modify, copy, adapt, port, translate or distribute our Services or the Software, nor any portion of them; (b) rent, sell, rent, assign, export, sublicense or otherwise transfer use of the Software or the Services; (c) modify, translate, reverse engineer, decompile, disassemble, decrypt, emulate, hack, create derivative works based on our Services or Software, or otherwise attempt to discover any source code, protocol or process used within or in connection with the Software or the Services; (d) alter, delete, or remove any copyright, trademark or other identifying information of the Services or the Software; (e) use data-mining, robots, or any other tools specifically for the purpose of gathering and extracting data; (f) cause interference of or otherwise impair others' use of the Services or the Software or with any network connected to the Services or the Software; (h) use the Services or the Software by themselves or in conjunction with any other products in a way intended for infringement of a third party's rights, including without limitation the intellectual property rights of a third party, to invade users' privacy in any way, or to track, store, transmit or otherwise record or distribute a user's personal information; (g) otherwise violate any applicable laws including without limitation the copyright and trademark laws and applicable communications regulations and statutes. Any and all forbidden uses stated herein shall immediately terminate your license to use the Software and the Services, as well as giving us the applicable relief remedies in law or equity.
You are prohibited from using the Services in any manner that may disable, overburden, or otherwise impair a third party's use of the Services. Unauthorized access or attempts to gain such to any aspect of the Services and to information permission for which you not been granted is prohibited. We may take any and all legal actions and means available to us to prevent the violation or breach of this Agreement.
To access and activate the premium Services, you are required to create an account with a username and password. ("Registration Data"); Upon doing so, you agree to submit complete, true, and factual information to any and all registration forms for you use of the Services; and (b) maintain and keep up to date any and all Registration Data applicable to your account. You are prohibited from allowing another individual to access your account, or engaging in any activity that may be threaten the security and confidential nature of your account, or the account of another user. All activities performed by you mean you are responsible for maintaining and ensuring the confidentiality and your security for your account. If you believe the security of your account or Registration Data has been breached, please notify us immediately at firstname.lastname@example.org. If another person uses your password or account, we are not and will not be liable for any loss or damages you may incur while someone uses your account password, whether you were aware or unaware of the use.
The Site, Software and Features of such throughout all versions, revisions, additions, enhancements and upgrades, are owned by us, and therefore protected under intellectual property laws.
You hereby acknowledge that you do not have a right, title or interest to the Software, Site and Features, and the accompanying intellectual rights, including but limited to patents, trade secrets, copyrights, trademarks, attached to or in any way connected to the Site, Features and Software. These shall remain the sole property of us or our licensors. You will not receive any interest in or to said Software, Site or Features, and will maintain only a limited-use revocable license to use said properties in accordance with the terms laid out in the Agreement. We do not now, nor at any time, waive our intellectual property rights, and will take measures to protect them under our full rights of the law.
The name and trademark of P2P.Surf belongs to us, and solely us, with no right, license or interest granted to you, the user, at any time. You must adhere with the copyright laws and applicable terms of this Agreement throughout your use of the Site, Software and Services, and any properties associated with said properties.
Use of any user-generated content, hereby described as comments, recommendations, forums, bulletin boards, and other features allowing users to upload publish, post or otherwise text or media, may be offered on the website. You alone are responsible for the use and content of these features, and use them at your own risk.
Submitting any User Content to the Site means you hereby agree to adhere to and recognize the following:
We reserve the right, but do not claim the obligation, to monitor any and all User Content shared, posted or otherwise distributed on the Site in order to determine compliance with the term and conditions laid out herein. Although you recognize that we have no obligation to monitor, control, edit, screen or remove any of the Site's User Content, we do reserve the rights to do such activities without notice. You will be held solely liable for any and all damage resulting from the infringement resulting from User Content submitted by you, in said content violates any of the terms and conditions of this Agreement.
If, at any time, you are under the belief that your work has been replicated or copied in a way that it is copyright infringement, you are free to submit a notification of such with the following:
We update and enhance the Software automatically at our sole discretion. The updates or enhancements take place without action from you. The updates could include fixing bugs, correcting errors, security enhancements, compatibility components, and additional features and functionalities. All such updates and upgrades of whatever kind are subject to the terms of this Agreement, unless the updates or upgrades are expressly made subject to a separate written agreement. We reserve the right to alter, change, modify or make any other adjustment to the software provided under the terms of this agreement. We reserve the right to change, alter, modify or replace any aspect of the Software and Services, in whole or in part, not excluding logo, design, names and title, without notice and in our sole discretion. We also reserve the right to cease providing the Services in our sole discretion.
The Services will make changes to your use of the Internet in order to improve your experience. The Services may load portions of data from other users and re-route some of your requests through our user base or through our other resources. This is known as "Value Exchange." By using the Services, you allow other users to access portions of data from your device, and you allow other users to be re-routed through your device, creating Value Exchange for all parties. By using the Services you expressly consent to the use of your device by the manner described by this Agreement. By using the Services, you expressly agree that other users may use your network connection and resources in exchange for your ability to use the resources of other users in the same way - for your own benefit and use. We will make reasonable efforts not to enable any use of your device's resources unless your resources are idle at that time. We endeavor to practice the highest levels of privacy and security. We will cache information that you have accessed on your hard drive. Please note: If you have purchased an account that is denoted as "Premium", then this section may not apply to you. Contact us for further details.
By using the Services, you acknowledge that the Software is still in beta stage. As a result, you may encounter bugs, limited functionality or other issues.
The Service could contain links to outside websites (known as "third parties") in addition to photographs, articles, stories, designs, video, audio, graphics, text, mobile apps, plug-ins, and information that may belong to or originate with third parties. We have no responsibility for monitoring, investigating or verifying those sources for accuracy, completeness or appropriateness. We are not liable or responsible for any third party site which may be accessed through the Services or through applications arising from third parties, or from content posted on or available on third party sites that have been accessed through the Services. This section includes, without limitation, the content, accuracy, reliability, privacy, appropriateness, or other policies of the third party or its content. Inclusion of linking or installing third party site applications or information does not imply an endorsement or even approval by us. You install third party applications and content at your own risk, and if you opt to leave the Service and access the content, these terms and policies will no longer govern.
Please review the terms and policies, noting also the data collection and privacy practices therein, of all third party sites that you decide to navigate to from the Services.
ALL SOFTWARE AND SERVICES PROVIDED BY US ARE ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY. SUPPORT AND OTHER SERVICES BY US ARE NOT GAURANTEED UNDER THE PROVISIONS OF THIS AGREEMENT. BY USING THE SERVICES AND SOFTWARE, YOU AGREE THAT YOUR USE OF THE SERVICES AND SOFTWARE SHALL BE AT YOUR SOLE RISK, AND AT YOUR SOLE RESPONSIBILTY. WE, AND OUR LICENSORS, OFFICERS, EMPLOYEES, DIRECTORS AND AGENTS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITHOUT LIMITATION, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WE MAKE NO WARRANITES THAT THE SOFTWARE OR SERVICES: (1) WILL BE FREE OF BUGS, ERRORS OR OTHER FAILURES, PROBLEMS OR DEFECTS; (2) WILL MEET YOUR SPECIFIC REQUIREMENTS; OR (3) THAT WE WILL IMMEDIATELY FIX ANY ERROR THAT ARISES. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT (INCLUDING ANY USER CONTENT), OR THE ACCURACY OR COMPLETENESS OF THE CONTENT TO THIRD PARTY SITES OR APPLICATIONS, OR CONTENT, OR COMPONENT OF EITHER. WE ASSUME NO LIABILITY OR LEGAL RESPONSIBILITY TO ANY THIRD PARTY SITES OR APPLICATIONS OR CONTENT OR ANY PORTION OR COMPONENT OF EITHER. WE DISCLAIM ALL WARRANITES FOR ANY (A) PROBLEMS OR AVAILABILITY OF INTERNET CONNECTIONS (B) ERRORS OR INACCURACIES IN CONTENT OR SERVICES, (C) PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OR TO ANY THIRD PARTY SITE, (D) ANY UNAUTHORIZED ACCESS TO YOUR DEVICE OR USE OF OUR SECURE SERVERS OR ANY AND ALL PERSONAL INFORMATION OR FINANCIAL INFORMATION STORED THEREIN, (E) ANY INTERRUPTION OR CESSATION OF TRANSMISSION REGARDING THE SERVICES, (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (G) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, OR (H) ANY USER CONTENT. WE ASSUME NO RESPONSIBILITY, NOR DO WE ENDORSE, NOR DO WE WARRANT, ANY SERVICE OR PRODUCT WHICH MAY BE ADVERTISED OR OFFERED BY A THIRD PARTY VIA THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE ARE NOT A PARTY TO ANY TRANSACTION OR INTERACTION WITH ADVERTISING, NOR ARE WE RESPONSIBLE IN ANY WAY FOR MONITORING TRANSACTIONS OR INTEREACTIONS BY YOU WITH THIRD PARTY PROVIDERS OF PRODUCTS AND SERVICES. BY USE OF THE SERVICES OR PRODUCTS, YOU ASSUME ALL RISK AS TO THE QUALITY, FUNCTION, AND PERFORMANCE OF THE SERVICE, AND TO ALL TRANSACTIONS YOU UNDERTAKE ON THROUGH THE SERVICE.
WE DISCLAIM ANY LIABILITY TO YOU OR ANY OTHER PARTY FOR THE CREATION, PRODUCTION, DISTRIBUTION, AND MARKETING OF THE SERVICE. IN NO EVENT ARE WE RESPONSIBLE OR LIABLE TO YOU OR OTHER PARTIES FOR INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT OR SPECIAL DAMAGES. THIS INCLUDES LOSS OF DATA OR PROFITS, OR OF YOUR INABILITY TO USE THE SERVICE.
UNDER NO CIRCUMSTANCES WILL WE OR ANY OTHER PARTY WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, DISTRIBUTION, PROMOTION, OR MARKETING OF THE SERVICE BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, RELIANCE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROFITS, OR FOR INABILITY TO USE THE SERVICE, EVEN IF WE OR SUCH OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY REGARDLESS OF ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT, SHALL OUR AGGREGATE LIABILITY TO YOU AND ANY OTHER PARTY, WHETHER DIRECT OR INDIRECT, EXCEED One Dollar ($1) FOR ANY AND ALL CLAIMS, DAMAGES, AND OTHER THEORY OF LIABILITY.
By using the Services, you not only agree to abide by the terms set forth herein, you also agree to indemnify, defend and hold us, our subsidiaries, affiliates, partners, sponsors and all of their respective officers, directors, owners, employees, agents, attorneys, licensors, representatives, licensees, and suppliers (collectively, "Parties"), harmless from and against any and all liabilities, losses, expenses, damages, and costs (including reasonable attorneys' fees), incurred by any of the Parties in connection with any claim arising out of your use of the Site or Services, any use or alleged use of your account or your password by any person, whether or not authorized by you, your violation or breach of this Agreement or your violation of the rights of any other person or entity.
This Agreement becomes effective upon the earlier of your access to the Services or installation of the Software until terminated by either you or us (the "Term"). You may terminate your relationship with us at any time by completely uninstalling the Software. Your failure to comply with the terms and conditions of this Agreement or any other agreement you have with us will terminate your license and this Agreement. Upon termination of this Agreement the license granted to you shall automatically expire and you shall discontinue all further use of the Software and Services.
We have the right to take any of the following actions in our sole discretion at any time without any prior notice to you:
We may take any of the above actions for any reason, as determined by us in our sole discretion, including, but not be limited to, (a) your breach or violation of this Agreement, (b) requests by law enforcement authority or other governmental agency, (c) a request by you, (d) discontinuance or material modification to the Services (or any part thereof), and (e) unexpected technical or security issues or problems. You agree that we will not be liable to you or any third party for taking any of these actions.
You must undertake to use the Software in strict compliance with all applicable laws. The Software is only intended for use in compliance with the law. Without derogating from the foregoing, or from any other terms, you agree to comply with any and all export laws and restrictions as may apply, and you agree that you cannot and will not allow the export or re-export of the Software, and that you will not export the Software yourself, in violation of any such restrictions, laws or regulations. By using the Software, you warrant, represent and agree to the foregoing terms and that warrant that you are not located in (or under the control of) a restricted country, a national or resident of a restricted country, or in connection with a national or resident of any restricted country under US or other applicable law.
You agree that p2p.Surf will provide you a free version of P2p.Surf vpn via affiliate promotions such cross promotions, bundle offers, surveys, and games.
Any further questions or comments may be sent to email@example.com
This License Agreement (the "Agreement") hereby contains the terms and conditions that govern your access to and use of the System (as defined below) and is an agreement between P2P.Surf and you or the entity you represent ("Client").
Said Agreement will take effect on the date when you choose "I Accept," or when you use or access any part of the System ("Effective Date"). You hereby represent to us through the use of this that you are lawfully able to enter into this Agreement for you or the entity that you represent.
P2P.Surf is the developer, owner, and provider a technology that lets users browse online in anonymous fashion by redirecting a user's communication through other users' devices (the "System"). The System is free for personal use under the terms and conditions of this agreement. P2P.Surf reserves the right but not the obligation to monitor the Client's use of the System for any abuse or misuse.
1.1 During the term of this Agreement P2P.Surf grants the Client a limited license, and grants no right to sublicense, rent or assign use of the the System.
1.2 P2P.Surf reserves any and all rights not expressly stated in this Agreement, including but not limited to, any and all rights to the System.
1.3 The program may store cookies in your browser when necessary to enhance your browsing experience online.
P2P.SURF HAS PROVIDED THE USE OF THE SYSTEM IN ITS CURRENT STATE ON AN "AS IS" BASIS, AND DISCLAIMS ALL AND ANY REPRESENTATIONS AND WARRANTIES, WHETHER IMPLIED OR EXPRESSED TO THE SYSTEM, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY, ABSENCE OF VIRUSES OR ANY DEFECT THEREIN, WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. P2P. SURF FURTHER EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES THAT THE USE OF THE SYSTEM WILL BE CONTINUOUS, UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION CONTAINED THEREIN WILL BE ACCURATE OR COMPLETE.
The Client warrants, represents and covenants to P2P.Surf that it shall:
3.1 Not use the System in a way that is intended to violate law or regulations, or third party rights, including intellectual property rights
3.2 Without derogating from the generality of Section 3.1 above, the Client shall not use the license to the System granted herein to: (i) distribute any malware, spyware, warez software, or any other form of malicious code, file or program intended to hijack, disrupt, limit, destroy, or otherwise harm the function of any computer hardware, telecommunications equipment, network or software; (ii) cause any network resource to be rendered unavailable to intended users, including, without limitation, via "Denial-of-Service (DoS)" or "Distributed Denial-of-Service (DDoS)" attack; (iii) distribute any unlawful content or encourage any unlawful activity; or (iv) cause any damage or service disruption to any third party computers or service.
The Client shall pay to P2P.Surf the consideration stated in Schedule A (the "Consideration") under such terms as stated therein.
5.1 The Client shall indemnify and hold harmless P2P.Surf and each of P2P.Surf's shareholders, directors, officers, employee’s agents and representatives against any loss, liability, damages or claims resulting from Client's breach of its undertakings, warranties and representations hereunder and Client's use of the System.
6.1 P2P.Surf in its sole discretion and at any time, may suspend the Client's right to access or use the System immediately upon notice to Client if PSP.Surf determines that:
(a) Client's use of or registration for the Service (i) threatens the security of the System or any third party, (ii) may negatively impact the System or any other P2P.Surf customer, including causing a user to be blocked from accessing certain websites, networks or services, (iii) may subject P2P.Surf, our affiliates, or any third party to liability, or is in breach under any applicable laws or regulations, (iv) may be fraudulent, (v) may disparage or devalue P2P.Surf's reputation or goodwill; or (vi) is in breach of any of the terms stipulated in the "End User License Agreement";
(b) the Client is in breach of this Agreement
in its sole discretion and at any time may share the Client's or Client's 3rd party users personal and any other relevant information, to any party or authority in case of a complaint or a lawsuit, if P2P.Surf determines that there is a good reason to believe that it is necessary to: (1) comply with law, regulation, subpoena or court order; (2) detect, prevent or otherwise address fraud, security or violation of P2P.Surf's policies; (3) enforce the provisions of this any or all agreements between P2P.Surf and the Client, including investigation of potential violations thereof; or (4) protect against harm to the property, rights, or safety of P2P.Surf, its partners, its affiliates, users or the public.
8.1 This Agreement commences on the Effective Date and shall continue until terminated in accordance with the terms of this Agreement.
8.2 Either party shall have the right to terminate this Agreement immediately at any time by providing the other party 30 days in advance written notice, without thereby incurring any liability towards the other party.
P2P.Surf shall be entitled to terminate this Agreement immediately by written notice to the Client if (a) any act or omission by Client results in a suspension described in Section 6.1 (b) the Client does not comply with any representation or warranty found in this Agreement; (c) the Client engages in any action or activity that, in P2P.Surf's sole discretion, places P2P.Surf at risk under any applicable laws or regulations. P2P.Surf shall not be liable to the Client or any third party for the termination of this Agreement.
Nothing contained in this Agreement will grant the Client any right, title or interest in the trademarks, trade names, copyrights or other intellectual property rights of P2P.Surf other than the limited license granted herein.
10.1 This Agreement constitutes the entire understanding between the parties with respect to the matters referred to herein. No modification or other amendment to this Agreement shall be valid unless reduced to writing and signed by both parties.
10.2 All notices or other communications hereunder shall be given by email to addressee on signature below.
10.3 This Agreement shall be governed by the laws of Nevis, excluding its conflict of law rules, and the courts of Nevis shall have exclusive jurisdiction over the parties.
10.4 If any provision of this Agreement will be held by a court of competent jurisdiction to be contrary to any law, the remaining provisions will remain in full force and effect as if said provision never existed.
10.5 No failure or delay on the part of any party hereto in exercising any right, power or remedy hereunder shall operate as a waiver thereof.
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