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This contract
is binding upon receipt of login information from SecureTunnel.com.
You must read and fully understand all content before using the
service provided by SecureTunnel.com.
I. General Legal Disclaimer
A. Definitions
Secure-Tunnel.com shall refer to the entity operating
the web site and providing the services offered on that web site.
Service shall refer to the services offered by
Secure-Tunnel.com at its web site relating to utilizing a web proxy
server that encrypts data transmitted between a users computer
and the proxy server and forwards all data to a single port for
the purpose of protecting the data in the stream and
the identity of the user.
NOTE: The Service increases protection, but is
not a guarantee, of complete privacy.
Web Site shall, unless otherwise noted, refer
to www.secure-tunnel.com.
Customer or You or User shall refer to the person
or entity purchasing, applying for service, or using the Service.
B. Disclaimer
Please read and review this document carefully
before accessing further information on this
Web Site. By proceeding to access this Web Site, you agree to be
bound by the terms and
conditions set forth below. If you do not wish to be bound by these
terms and conditions,
please do not access or use this Web Site.
SecureTunnel.com may modify this agreement and
its terms and conditions, and such modified agreement shall be effective
immediately upon posting. Your continued access to or use of this
Service shall be deemed your conclusive acceptance of the agreement
and its terms and conditions and any modifications thereto.
SecureTunnel.com has attempted to provide information
that is accurate, complete, and reliable as of the time it was published
or posted on this Web Site. However, SecureTunnel.com makes no representation
about the suitability or accuracy of the content provided by third
parties or other information published on this site. All documents
and related graphics are provided "As Is" without warranty
of any kind, either express or implied.
SecureTunnel.com hereby disclaims all responsibility
or warranties with regard to content or Services or both provided
by SecureTunnel.com or by third parties, including all implied warranties
and conditions of merchantability, fitness for a particular purpose,
title, and noninfringement.
SecureTunnel.com neither makes nor implies a
warranty as to the accuracy, completeness,
or reliability of the Service or content provided herein, including,
without limitation, information
regarding SecureTunnel.coms planned or prospective Service
offerings or Service coverage.
SecureTunnel.com disclaims all liability for technical inaccuracies,
typographical errors, or
other errors or omissions contained within this Web Site. SecureTunnel.com
does not warrant
that this Web Site or the server that makes it available are free
of viruses or other harmful
components, nor that access to this Web Site will be uninterrupted
or errorfree, and Secure
Tunnel.com assumes no responsibility for any and all damage caused
thereby. By proceeding
to access this Web Site, you hereby assume the entire risk of relying
upon the information
provided herein.
In no event shall SecureTunnel.com be liable
for any damages, including, without limitation,
special, direct, indirect, incidental, consequential, punitive,
lost profits, or other damages
arising from or in connection with the use, inability to use, or
loss of the data contained within
this Web Site or the Service, whether in an action of contract,
negligence, thirdparty claim, other tortuous action, or any other
action or claim. This disclaimer applies to any damages, injury
or loss caused by any failure in performance, error, defect, interruption,
deletion, delay in operation or in the transmission thereof to the
user, or for any other claims or losses arising there from or occasioned
thereby.
SecureTunnel.com may make changes to the information
provided in this Web Site, or to the
products or services provided herein, at any time without notice.
However, Secure
Tunnel.com has no obligation to provide such modifications or updates
or to continue to
provide access to this Web Site and may discontinue this Web Site
at any time in its sole discretion.
II. User Agreement
This contract is agreed to between SecureTunnel.com
and the Customer,
WHEREAS:
SecureTunnel.com owns and operates as a service provider;
SecureTunnel.com agrees to provide the Service
to Customer subject to the terms set forth in this Agreement.
Customer has requested services from SecureTunnel.com
to be used by the Customer.
Customer asserts that they are at least 18 years
of age, or of the legal age of majority in their jurisdiction and
are qualified to enter into a binding contract.
A.
Services to be provided by SecureTunnel.com
SecureTunnel.com will provide the Service to
the Customer in accordance with the terms and conditions of this
Agreement.
IMPORTANT NOTE:
The Service is meant to provide the Customer with increased protection,
but in no way is the Service guaranteed to provide the Customer
with complete privacy.
The Service will include provision of and access
to the following:
Direct access to Newsfeeds.com servers through the protected servers
for the purpose of protecting the identity of the user and the browsing
habits of the user.
Secure-Tunnel.com is not responsible for customers
who abuse the services provided by the Web Site, or who abuse the
Web Site.
Fees and Term
The Customer must pay a fee for access to the
services provided. The fee schedule shall be set forth on the sign
up page on the Web Site.
This fee is subject to change without notice
at the sole discretion of SecureTunnel.com.
The sole remedy of the Customer in response to
a fee change is to terminate the agreement at the end of the Customers
term. Term shall be defined as 30 days for one month accounts, 90
days for quarterly accounts, 180 days for biannual accounts, and
365 days for yearly accounts.
The term shall begin on the day Service is activated
for the Customer on Secure-Tunnel.coms servers and shall terminate
at the end of the term as described in this agreement.
The term will automatically renew unless specifically
requested otherwise when the Customer purchases the service.
Provider reserves the right to terminate any
accounts that are not renewed at the expiration of their term.
Maintenance and Support of Service
SecureTunnel.com will use reasonable efforts,
as determined by Secure-Tunnel.com in its sole discretion, to provide
the Customer with the Service.
SecureTunnel.com will use reasonable efforts,
as determined by Secure-Tunnel.com in its sole discretion, to repair
any non-functioning service in a reasonable period of time.
In addition to the Disclaimer above and the limitation
on warranties set forth below, SecureTunnel.com is not responsible
for the following: any fault in equipment or software not forming
part of the Service; damage due to causes external to the Service;
any upgrades required by changes in technology.
Responsibilities of Customer
Customer accepts full responsibility (legal, financial, and all
others related to the Customers account) for the actions of
the Customer. In particular the customer takes full responsibility
for all underaged users that Customer allows to use the Customers
account.
At the request of SecureTunnel.com, the Customer
must provide such information and assistance as is reasonably required
by SecureTunnel.com in order to enable SecureTunnel.com to meet
its obligations under this Agreement or any other obligation under
applicable law.
The Customer must comply with all reasonable
directions and instructions of SecureTunnel.com in relation to the
Customers use of the Service and must ensure that anyone using
the Customers account also complies with all reasonable directions
and instructions of SecureTunnel.com
in relation to the Customers use of the Service.
The Customer shall not use, or suffer, or permit
another person to use the Service in, or in relation to, the commission
of an offense against the laws of the United States or of any State
or territory of the United States.
The Customer shall take every reasonable precaution
that no person is able to make unauthorized use of or gain unauthorized
access to the Service provided to the Customer pursuant to this
Agreement.
Warranties
SecureTunnel.com gives no warranty or guarantee
in relation to the performance, features, compatibility, content
or otherwise of any connected Internet service or host/computer
connected to the Service. SecureTunnel.com disclaims all warranties,
including all implied warranties of merchantability and suitability
for a particular purpose.
The Disclaimer made by Secure-Tunnel.com of all
responsibilities or warranties, more fully set forth above in section
I.B., is herein incorporated by reference. Customer acknowledges
and agrees to be bound by the Disclaimer of section I.B. above in
addition to the warranties disclaimed under this section.
Indemnity
The Customer agrees to indemnify SecureTunnel.com
and hold SecureTunnel.com harmless from and against any loss, cost,
expense, or liability arising from any claims, demands, or proceedings
by any person against SecureTunnel.com whatsoever arising out of:
the use or attempted use of the Service by the Customer or by any
person authorized by the Customer or from the use of any
facility or equipment connected to the Service by the Customer or
any person authorized by the Customer; or any hardware or software
contamination resulting from use by the Customer or by any person
authorized by the Customer;
The Customer agrees to indemnify SecureTunnel.com
and holds SecureTunnel.com harmless from and against any loss, cost,
expense or liability arising from any claims, demands or proceedings
by any person against SecureTunnel.com whatsoever arising out of
any action brought by any third party against SecureTunnel.com for
infringement of that third partys Intellectual Property Rights
due to the Customers use of the Service provided to the Customer
pursuant to this Agreement or due to the use of the Service by any
person authorized by the Customer to use the Service provided to
the Customer pursuant to this agreement or SecureTunnel.coms
possession of Customers information in accordance with this
Agreement except to the extent that such loss, cost, expense or
liability arises from or is attributable to any willful misconduct
on the part of SecureTunnel.com.
Liability
Except as provided to the contrary in this Agreement
and to the full extent permitted by law, all terms, conditions,
warranties, undertakings, inducements or representations whether
express,
implied, statutory or otherwise relating in any way to the provision
of the Service or other obligations under this Agreement will be
excluded. Without limiting the generality of the preceding sentence
and except as expressly provided in this agreement, SecureTunnel.com
will not be under
any liability (including liability as to negligence) to the Customer
or to any third party in respect of any loss or damage (including
consequential loss or damage), however caused, which may be
suffered or incurred or which may arise directly or indirectly as
a result of or in connection with the provision of the Services
or SecureTunnel.coms failure to comply with SecureTunnel.coms
obligations under this Agreement except as expressly provided in
this Agreement.
Termination
SecureTunnel.com may suspend or restrict provision
of the Service to the Customer at any time if:
payment of an account for the Service provided to the Customer is
overdue; the Customer becomes bankrupt or insolvent or enters into
a scheme of arrangement or composition with the Customers
creditors or, being a company, is placed in receivership or under
official management or has a provisional liquidator appointed; the
Customer breaches any material term or condition of this
agreement; of it appears that the Customer is engaging in activity
that may cause damage to the SecureTunnel.coms system, or
any other system in the network; or the Customer is engaging in
mass emailing or flooding of newsgroups; or if the Customer
is using the service as a means to commit unlawful activity.
SecureTunnel.com, in its sole discretion, may
suspend or restrict provision of the Service to the
Customer at any time in the event of an emergency or whenever SecureTunnel.com
considers it necessary or reasonable, based on the sole discretion
of SecureTunnel.com, in order to safeguard provision of the Service.
Tax
The Customer must pay, and must keep SecureTunnel.com
indemnified against any Tax, with the exception of income tax, payable
upon or in respect of this Agreement or any services, payments,
document, transaction or matter referred to in or contemplated by
this Agreement.
Remedy
The sole remedy for any and all damage or loss
of data due to the use of the system provided by SecureTunnel.com
will be a refund of the unused portion of the account per the terms
of the refund
policy, or the extension of the account period. Such an extension
of the account period shall be at the sole discretion of SecureTunnel.com.
III. Privacy Policy
SecureTunnel.com will take all reasonable steps
to the extent permitted by law to ensure that access information
about the Customer is restricted to those SecureTunnel.com personnel
who are required to have access to the information in order to enable
SecureTunnel.com to
provide the Customer with service.
SecureTunnel.com reserves the right to disclose
Customer information in the following cases:
1. The user is found in violation of the terms
of service, or the customer has abused the system by using it to
attack other systems or to gain unauthorized access to any other
system.
2. If at any time the Customer engages in Spamming,
which is defined as posting large volumes of unsolicited email or
other postings.
3. When required by law or by order of a court.
With the exceptions noted above, the parties
obligations as to confidentiality shall survive any
termination of this Agreement.
This privacy policy does not apply to usage logs.Usage
logs do not reveal any personally identifiable information, and
are only used for the purpose of tracking system abuse and spam.
Use logs may be kept for a period of 48 hours for the above stated
purpose. However, if a pattern of abuse is found, the usage logs
may be retained to investigate the abuse.
IV. Refunds
Research the services offered by SecureTunnel.com
thoroughly before you purchase. Read and understand SecureTunnel.coms
acceptable use policy and terms of service before purchasing this
Service.
Full refunds will be issued only when a refund
request is received within 72 hours of purchase, with the following
exceptions: If, at the sole discretion of SecureTunnel.com, the
Customers account is found to have been used for an abusive
purpose or in any manner inconsistent with this Agreement,
no refund will be issued.
WARNING: Charge
backs of funds from account holders found to be in violation of
SecureTunnel.coms Terms of Service and Acceptable Use Policy
will be turned over to a collection agency, credit reporting agencies,
and law enforcement officials for investigation and recovery of
economic damages, and/or criminal prosecution. Authorization to
forcefully charge back funds paid to SecureTunnel.com constitutes
a waiver of the SecureTunnel.com privacy policy, and grants authorization
to use any means available under the law to retrieve funds due in
addition to all collection costs associated with the collection
of the payment.
Refund Schedule
If a refund is not requested within the first 72 hours after purchase,
any refund will be prorated based on the scale below:
Monthly billed accounts:
3-7 days
100% of the original purchase price
7 -20 days
50% of the original purchase price
Quarterly or Biannually billed accounts:
3-10 days
100% of the original purchase price
11-20 days
50% of the original purchase price
21-30 days
25% of the original purchase price
after 30 days
No Refund Given
Accounts purchased by the year:
3-15 days
100% of the original purchase price
16-30 days
50% of the original purchase price
31-45 days
25% of the original purchase price
after 45 days
No Refund Given
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