These Terms of Service ("Terms") govern your use of the www.topvpn.org website (the "Site") and the TopVPN and related service (the "Services"), which are owned and operated by Koros Security Digital VPN S.R.L. ("TopVPN", "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 TopVPN.

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 TOPVPN PRIVACY POLICY, WHICH CAN BE FOUND AT WWW.TOPVPN.ORG/PRIVACY-POLICY.HTML.

Age Restriction

Subscriber affirms that they are either more than eighteen (18) years of age or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service contained herein.
If you are under the age of eighteen (18) years of age and between thirteen (13) and seventeen (17) years of age, then you must find a legal parent or guardian to purchase and activate this service for you. If you are unable to find a legal parent or guardian to purchase and activate this service for you or if you are under thirteen (13) years of age, you are not permitted to use this website or its services.

Usage Policies

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:

• The transmission or posting of chain letters or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud;
• Sending or transmitting any SPAM over the Services, whether via e-mail, Usenet, or any other communication channel;
• Acts that may materially affect the quality of other users experience, including, without limitation, "spikes" in bandwidth usage or using any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;
• Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
• Introducing malicious programs into TopVPN's network or servers (e.g. viruses, worms, Trojan horses, etc.);
• Engaging in any monitoring or interception of data not intended for you without authorization;
• Attempting to circumvent authentication or security of any host, network, or account ("cracking") without authorization;
• Using any method, software or program designed to collect identity information, authentication credentials, or other information from the legitimate users of another entity's website or service;
• Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights;
• Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patent, trademark or copyrights;
• Transmitting or receiving, uploading, using or reusing material that includes sexual or explicit depictions of minors in any form;
• Transmitting or receiving, uploading, using or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate these Terms;
• Falsifying header information or user identification information;
• Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or
• Impersonating any person or entity, including, but not limited to, a TopVPN representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity.

Content Disclaimer: Cautions and Restrictions

We do not control, nor are we responsible for any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. We may, but do not have any obligation to block information, transmissions or access to certain information, services, products or domains to protect the Service, our network, the public or our users. We are not a publisher of third-party content accessed through the Service 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 are responsible for paying all fees and charges of any third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access web sites, services or content, or purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies, or their or your compliance with them. If you elect to download into your computer or otherwise enable any software, including any "client" designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service.

Service Availability

Service coverage, speeds, locations and quality are not guaranteed. While TopVPN will make every attempt to maintain the Service availability at all times, the Service may be subject to unavailability for numerous reasons including maintenance, emergencies, third party service failures, transmission errors, equipment failures, network issues, interference, natural disaster, amongst other reasons. TopVPN does not guarantee that data, messages, or packets will be delivered and shall not be held responsible in the event data, messages, or packets are lost, not delivered, delayed, misdirected or are otherwise inaccessible.

Additionally, we may impose usage limits to our services, suspend or block services, or cancel any and all services at our sole discretion at any time. Finally, we do not guarantee the accuracy and timeliness of any data received.

We make no guarantee that this service will be accessible at any time. However, we will do our best to keep the service up and running for our beloved clients.

Software Updates

The Software which you use may automatically download and install updates from time to time from TopVPN. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit TopVPN to deliver these to you) as part of your use of the Services.

Breach

TopVPN abides by a ZERO TOLERANCE policy relating to any activity which breaches or violates our terms and conditions.

Along with the ZERO TOLERANCE policy, Clients who materially breach the terms and conditions will have their account removed without any refund. Additionally, Client understands that TopVPN expressly reserves the right to hold the Client or any third-party using the service on Client’s behalf responsible for any and all financial damages and losses which may be incurred arising out of said breach or breaches, including, but not limited to attorneys fees, fees for expert witnesses, court costs, and other charges.

Subscriber understands that TopVPN reserves the right in its sole discretion to enforce breaches of this Agreement. Failure to comply with the present Terms of Service constitutes a material breach of the Agreement, and may result in one or more of these following actions:

• Issuance of a warning;
• Immediate, temporary, or permanent revocation of access to TopVPN with no refund;
• Legal actions against you for reimbursement of any costs incurred via indemnity resulting from a breach;
• Independent legal action by TopVPN as a result of a breach; or
• Disclosure of such information to law enforcement authorities as deemed reasonably necessary.

TopVPN reserves the right to take any other actions deemed necessary to enforce and protect its rights. If you find that your TopVPN account has been suspended, then you may contact: [email protected].

Digital Millennium Copyright Act ("DMCA") Notice

In operating the Service, we may act as a "services provider" (as defined in the DMCA) and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that are not owned or controlled by us may be transmitted, stored, accessed or otherwise made available using the Service. If you believe any material available via the Service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA or open abuse ticket on [email protected]. We will respond expeditiously to remove or disable access to material we determine may be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the applicable content.

TopVPN reserves the right to install, manage, and operate one or more software or other solutions designed to manage bandwidth and service utilization.

TopVPN will not intentionally monitor or disclose any private electronic communication unless required by law.

Fees

You acknowledge that TopVPN reserves the right to create a subscription service through one or more third party merchants. Payments will be charged on the day you sign up for service and will cover use of that service for the duration of one (1) month, three (3) months, six (6) months, one (1) year, or a “lifetime” account without subscription depending on the service plan level. A subscription plan is an automatic payment recurring based on the service plan. The “lifetime” account is based on a single transaction and will provide the subscriber access to an account for the TopVPN service so long as the account remains in good standing and as long as TopVPN remains solvent. All accounts are offered as is at the time of purchase. Future services offered by TopVPN and Koros Security Digital VPN S.R.L. may not be included with the account. You may cancel the account subscription at anytime; the account will remain active for the remainder of your billing cycle.

TopVPN reserves the right to change the fees at anytime at its discretion. Subscriber understands that TopVPN is not obligated to honor errors due to typos and is not responsible for misinformation provided on third party websites or affiliates.

Subscriber also understands that any gift-card based transactions for service are not subject to any reductions in price, discounts, promotional rates, or other lowered subscription rates.

Refund Policy

If you are less than 100% satisfied with the TopVPN 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 TopVPN 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.

Subscriber understands that refunds for gift-card based transactions are not available under any circumstances.

WARRANTY DISCLAIMER

SUBSCRIBER UNDERSTANDS THAT THE WWW.TOPVPN.ORG WEBSITE AND SERVICE IS PROVIDED AS-IS. SUBSCRIBER AGREES THAT USE OF THE WWW.TOPVPN.ORG WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, TOPVPN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. TOPVPN MAKES NO WARRANTIES, EXPRESS, OR IMPLIED, NOR ANY REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY:

• ERRORS, MISTAKES, OR INACCURACIES OF CONTENT;
• PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE;
• ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN;
• ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND/OR SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY;
• 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 WWW.TOPVPN.ORG WEBSITE.

TOPVPN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WWW.TOPVPN.ORG WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND TOPVPN WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT TOPVPN SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL TOPVPN, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS ("TOPVPN 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 TOPVPN 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 TOPVPN PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TOPVPN 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 TOPVPN PARTIES' LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

Indemnity

Subscriber agrees to defend, indemnify and hold harmless TopVPN, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

• Your use of and access to the www.topvpn.org website and/or service;
• Your material breach of any term of these Terms of Service;
• Your violation of any third party right, including without limitation any copyright, patent, trademark, property, or privacy right; or
• Any claim that your use caused damage or injury to any third party.

This defense and indemnification obligation will survive these Terms of Service and your use of the www.topvpn.org website.

Governing Law

These Terms of Service shall be governed by and construed in accordance with the Romanian laws.

Disputes arising in connection with these Terms of Service shall be subject to the exclusive jurisdiction of the Romanian courts.

Language of the Terms

Where TopVPN has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language version of the Terms will govern your relationship with TopVPN.

If there is any contradiction between what the English language version of the Terms says and that the translation says, then the English language version shall take precedence.

Changes to the Terms

We may add to, change or remove any part of these Terms, at our sole discretion and at any time without prior notice to you. 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.

Last update 23/08/2014