Terms and Conditions IPFreedom VPN VPN provides virtual private networking ("VPN")/Private Internet Services, Wifi Security/Authentication, Encryption Services and Anonymous internet protocol ("IP") addresses to its clients. You ("Client" or "Subscriber") (IPFreedom VPN VPN and Subscriber collectively known as "Parties") acknowledge that IPFreedom VPN nor any of its parent companies or constituents will be held liable for any and all liability arising from your use of its services and website.
NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION IN "BINDING INDIVIDUAL ARBITRATION" SECTION THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND IPFreedom VPN VPN, ITS AFFILIATES, PARENTS OR SUBSIDIARIES (COLLECTIVELY, "IPFreedom VPN VPN ENTITIES"). YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS DESCRIBED IN "BINDING INDIVIDUAL ARBITRATION" SECTION.
Subscriber affirms that they are more than eighteen (18) years of age, a valid legal entity, 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 all of these terms 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.
ACCEPTANCE By using and/or visiting the IPFreedom VPN service and website (collectively, including but not limited to all services and webpages available through IPFreedom, the website) Subscriber agrees in full to all of the terms provided herein and the terms and conditions of IPFreedom's Terms and Conditions found on this website, Digital Millennium Copyright Act (“DMCA”) policy, in addition to all amendments and modifications (collectively referred to as the "Agreement"). By entering this website and/or subscribing to the services, Subscriber agrees to be bound by these terms and conditions. If Subscriber does not agree to be bound to the terms and conditions contained herein, then access to the IPFreedom VPN website and/or its services is prohibited.
LICENSE IPFreedom VPN grants you a limited, revocable, non-exclusive license to subscribe to an account to which you have access for your personal, private, commercial, non-transferable, limited uses solely as set forth herein and as set forth in any additional documentation and/or agreements applicable to the Services accessed by you. All intellectual property rights on IPFreedom VPN are owned by IPFreedom, Inc. and are protected by United States and International copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any content from the IPFreedom VPN website unless you are expressly authorized to do so. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to IPFreedom VPN content. Your rights are subject to your compliance with these Terms of Service as well as any other agreements applicable to IPFreedom. New or future services that may be offered by IPFreedom VPN will require a separate subscription or agreement. Subscriber understands that this Agreement is limited to VPN services only and do not include any other services herein.
CHANGES TO THIS AGREEMENT Client understands that the present Terms of Service are subject to changes made by IPFreedom VPN at any time at its sole discretion, and you agree to be bound by any and all modifications, changes and/or revisions. You understand that it is your obligation to periodically review this webpage in order to account for any changes made, as they will be binding upon assent.
The terms and conditions of service herein apply to all users of IPFreedom VPN whether a 'visitor,' 'commercial user,' a 'subscriber,' or a 'client' and you are only authorized to use IPFreedom VPN if you agree to abide by all applicable federal and state laws and be legally bound by all of the terms of this Agreement.
CONDUCT You agree to comply with all applicable laws and regulations in connection with use of this service. You must also agree that you and any other user that you have provided access to will not engage in any of the following activities:
Sending or receiving unsolicited and/or commercial emails in violation of law, promotional materials, "junk mail," "spam," "chain letters," or "pyramid schemes"; Exploiting, possessing, producing, receiving, transporting, or distributing any illegal content, including but not limited to any sexually explicit depiction of children; Uploading, possessing, receiving, transporting, or distributing any copyrighted, trademark, or patented content which you do not own or lack written consent or a license from the copyright owner; Forging headers or otherwise manipulating e-mail identifiers in order to mask or mislead the origins of certain content; Interfering with the service to any other user, client, host or network which reduces the quality of service for other clients and users; Using the service to engage in Denial-of-service (“DOS”) attacks to any third-parties or to IPFreedom; Accessing data, systems or networks including attempts to probe scan or test for vulnerabilities of a system or network or to breach security or authentication measures without written consent from the owner of the system or network; Transmitting any material (by email, uploading, posting, or otherwise) that abuses, bullies, threatens or encourages bodily harm, injury or destruction of property, defames one or more third parties, or promotes any act of cruelty to animals; or Accessing the service to violate any laws at the local, state and federal level in the United States of America or the country/territory in which you reside.
EXPORT CONTROLS
The IPFreedom VPN service offered as part of this Agreement is subject to all relevant United States export control laws and regulations. IPFreedom VPN makes no representation that this Site is appropriate or available for use in other locations outside the United States. By using this Site, you represent and warrant that: (i) you are not listed on the U.S. Commerce Department's Table of Denial Orders, the U.S. Treasury Department's lists of specially designated nationals, or otherwise denied the privilege of participating in transactions involving the export of U.S.-origin products and services; (ii) you are not located in a country that is subject to embargo by the United States (currently Cuba, Iraq, Libya, North Korea, Sudan, Syria, or the Taliban Occupied Part of Afghanistan); (iii) you are not engaged, directly or indirectly, in the design, development, production, stockpiling, or use of nuclear, chemical, or biological weapons or missiles; and (iv) you will not, without prior authorization from the Bureau of Export Administration, (a) knowingly re-export the technical data received from you to any destination or (b) export the direct product of the technical data, directly or indirectly, to a country listed in Country Group D:1 or E:2 in Supplement No. 1 to Part 740 of the Export Administration Regulations (Albania, Armenia, Azerbaijan, Belarus, Bulgaria, Cambodia, Cuba, Estonia, Georgia, Kazakhstan, Kyrgyzstan, Laos, Latvia, Libya, Lithuania, Macau, Moldova, Mongolia, North Korea, People's Republic of China, Romania, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan, or Vietnam).
BREACH
IPFreedom VPN 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 or a subscription removed without any refund. Additionally, Client understands that IPFreedom VPN 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 IPFreedom VPN 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 IPFreedom VPN with no refund; Legal actions against you for reimbursement of any costs incurred via indemnity resulting from a breach; Independent legal action by IPFreedom VPN as a result of a breach; or Disclosure of such information to law enforcement authorities as deemed reasonably necessary. IPFreedom VPN reserves the right to take any other actions deemed necessary to enforce and protect its rights. If you find that your IPFreedom VPN account or subscription has been suspended, then you may contact: helpdesk@ipfreedomvpn.com
SERVICE LEVEL AGREEMENT Service coverage, speeds, locations and quality are not guaranteed. While IPFreedom VPN 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. IPFreedom VPN 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.
MULTIPLE ACCOUNTS Multiple accounts may be purchased in bulk from IPFreedom. You understand that by purchasing multiple accounts in bulk from IPFreedom, you may be eligible for a discount which will be reflected at the time of purchase. Both the purchaser and the individual sub-account user is fully responsible for complying with all of these terms of service. At this time, you may not purchase any bulk account orders with different subscription lengths. If you purchase multiple accounts in bulk from IPFreedom, you must pay using a credit card. No other forms of payment are accepted for bulk account purchases. You understand that all new codes for all bulk account purchases shall be sent to you via email where they can then be redeemed and activated.
CLIENT RESPONSIBILITIES As a client of IPFreedom, you are responsible for: Maintaining the confidentiality and security of the account you are provided. Ensuring that subscriber connections to the IPFreedom VPN network are limited to no more than ten (10) simultaneous connections. Providing valid and accurate identifying information related to the user account. Liability for any use and/or abuse which occurs while you or any third-party is logged into the IPFreedom VPN service with your account credentials.
FEES You acknowledge that IPFreedom VPN reserves the right to create a subscription service through one or more third party merchants. With each account you may have only one active subscription at a time. 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, six (6) months, one (1) year, or two (2) years depending on the service level plan. A subscription plan is an automatic payment recurring based on the service plan. All accounts are offered as is at the time of purchase. Future services offered by IPFreedom, IPFreedom, Inc., or its partners may not be included with the cost of the subscription. You may cancel the subscription at anytime; the account will remain active for the remainder of your billing cycle.
IPFreedom VPN reserves the right to change the fees at anytime at its discretion. Subscriber understands that IPFreedom VPN 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.
APPLE AUTO-RENEWING SUBSCRIPTIONS TERMS AND CONDITIONS
Payment will be charged to your Apple ID account upon confirmation of purchase. All subscriptions shall automatically renew unless the subscription is canceled by You at least twenty-four (24) hours before the end of the current subscription period. Your Apple ID account will be charged for the subscription renewal within 24 hours prior to the end of the current subscription period. You can manage and cancel your active subscriptions with Apple by visiting your account settings on the App Store. Certain Paid Subscriptions may offer a free trial prior to charging your payment method. If you decide to unsubscribe from a Paid Subscription before we start charging your payment method, you must cancel the subscription at least 24 hours before the free trial ends. Free trials are only available to new users who have never signed up for a IPFreedom VPN account and are offered at our sole discretion. If You attempt to sign up for more than one free trial, you will be immediately charged with the standard yearly Subscription Fee. We reserve the right to revoke your free trial at any time. Any unused portion of your free trial period shall be forfeited upon purchase of a subscription. Signing up for a subscription constitutes acceptance of all of the Terms of Service.
CANCELLATION
You understand and agree that IPFreedom VPN shall maintain your email address after your subscription ends. You may access the Client Control Panel to reactivate your subscription at any time.
REFUND POLICY
If you are less than 100% satisfied with the IPFreedom VPN VPN service, we will gladly refund your payment if the refund is requested within thirty (30) days from the date of the initial purchase and/or renewal. Requests made after the 30 day purchase date window will be denied. If you have initiated the refund process under this Section, and you fail to provide requested verification information related to your account from IPFreedom VPN sent to your account e-mail address within (30) days from the date of the request sent by IPFreedom, you understand that you are forfeiting the entire refund request and that you are not eligible for a refund under this Section. You understand that if you purchase a new account within three (3) months of being issued a refund on a previous account purchase, you will not be eligible for a refund on that new account, even if you request one during or after the (30) day period.
In the event of a unauthorized chargeback, your account details shall be blacklisted. If you are seeking a refund after paying for the Services via a cryptocurrency, then you must provide to IPFreedom VPN a wallet address for the refund to be credited. You understand that by paying for IPFreedom VPN using cryptocurrency as a transaction method, you are using a payment means that is not backed by an official governmental entity or international financial institution, and that the payment system may be prone to large fluctuations in value in a short period of time. The Parties agree that any refunds for transactions using a specific cryptocurrency will be assessed on the cryptocurrency’s exchange rate to USD at the time of the refund disbursement, and not at the time of the original transaction or refund request. Due to limitations with 3rd party payment processors, certain accounts cannot be refunded by IPFreedom VPN directly. Accounts purchased through the Apple Store, Giftcards or 3rd party deal sites, can only be refunded by the payment processor.
OUR RIGHTS
IPFreedom VPN reserves the right to close your account at any given time without any given notice. While IPFreedom VPN will, at its best interest, attempt to provide full and complete service to its users, this right is reserved for reasons which may arise at a later date.
Subscriber understands that IPFreedom VPN also reserves the right to scale back or throttle bandwidth originating from subscriber accounts that may breach the present Agreement or in the event of excessive usage on the IPFreedom VPN network. Subscriber also understands that IPFreedom VPN for reasons beyond its control may shut down and terminate services. If IPFreedom VPN ceases operations, subscribers will be notified with at least thirty (30) days advance notice. Subscribers will not be eligible for a pro-rated, partial, or complete refund in the event of a shut down.
WARRANTIES
Subscriber represents and warrants that all of the identifying information provided to IPFreedom VPN to use the IPFreedom VPN website is accurate and current and you have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of you hereunder. As a condition to using the IPFreedom VPN website or its services, you must agree to all of the terms of IPFreedom's Terms and Conditions, Digital Millennium Copyright Act (“DMCA”) policy, and any modifications and/or updates. You acknowledge and agree that the technical processing and transmission of the Website may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge and agree that other data collected and maintained by IPFreedom VPN with regard to its users may be disclosed in accordance with the IPFreedom VPN Terms and Conditions.
WARRANTY DISCLAIMER
SUBSCRIBER UNDERSTANDS THAT THE IPFreedom VPN WEBSITE AND SERVICE IS PROVIDED AS-IS. SUBSCRIBER AGREES THAT USE OF THE IPFreedom VPN WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IPFreedom, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. IPFreedom VPN 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 IPFREEDOMVPN.COM WEBSITE. IPFreedom VPN DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IPFreedom VPN WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND IPFreedom VPN 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 IPFREEDOMVPN.COM 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 IN NO EVENT SHALL IPFreedom, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY USE OF THE IPFreedom VPN VPN SERVICE IN AN AREA OR COUNTRY WHICH PROHIBITS SUCH ACTIONS 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, AND/OR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE IPFREEDOMVPN.COM WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT IPFreedom VPN IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ipfreedomvpn.com 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. INDEMNITY
Subscriber agrees to defend, indemnify and hold harmless IPFreedom, 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 IPFreedom VPN 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 IPFreedom VPN Website.
ARBITRATION
Purpose. The term "Dispute" means any dispute, claim, or controversy between you and IPFreedom VPN regarding the Services or the use of the Services, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" Section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with IPFreedom VPN or any company, subsidiary, parent, vendor associated with IPFreedom VPN that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and IPFreedom VPN that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this Section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.
Exclusions from Arbitration. YOU AND IPFreedom VPN AGREE THAT ANY CLAIM FILED BY YOU OR BY IPFreedom VPN IN SMALL CLAIMS COURT ARE NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION. RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER WITHIN 30 DAYS. IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY IPFreedom VPN IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO 5555 DTC PARKWAY SUITE 360 GREENWOOD VILLAGE, CO 80111, UNITED STATES, ATTN: LEGAL DEPARTMENT/ARBITRATION AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR IPFREEDOMVPN.COM ONLINE ID, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH IPFREEDOMVPN.COM THROUGH ARBITRATION. Notice of Dispute. IF YOU HAVE A DISPUTE WITH ANY IPFreedom VPN SERVICE, YOU MUST SEND WRITTEN NOTICE TO 5555 DTC PARKWAY SUITE 360 GREENWOOD VILLAGE, CO 80111, UNITED STATES, ATTN: LEGAL DEPARTMENT/ARBITRATION, ATTN: IPFreedomvpn.COM: DISPUTE RESOLUTION" TO GIVE IPFreedom VPN THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If IPFreedom VPN does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or IPFreedom VPN may pursue your claim in arbitration pursuant to the terms in this Section.
Class Action Waiver. ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND IPFreedom VPN SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION DOES NOT PRECLUDE YOUR PARTICIPATION AS A MEMBER IN A CLASS ACTION FILED ON OR BEFORE AUGUST 20, 2011. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW. Initiation of Arbitration Proceeding/Selection of Arbitrator. If you or IPFreedom VPN elects to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this Section govern in the event they conflict with the rules of the arbitration organization selected by the parties. Arbitration Procedures. Because the software and/or service provided to you by IPFreedom, you may have a Dispute with concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $75,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. Further, if your claims do not exceed $75,000 and you provided notice to and negotiated in good faith with IPFreedom VPN as described above, if the arbitrator finds that you are the prevailing party in the arbitration, you may be entitled to recover reasonable attorneys' fees and costs as determined by the arbitrator, in addition to any rights to recover the same under controlling state or federal law afforded to IPFreedom. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, excerpt for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement. Location of Arbitration. You or IPFreedom VPN may initiate arbitration in either Los Angeles County, California or the United States county in which you reside. In the event that you select the county of your United States residence, IPFreedom VPN may transfer the arbitration to Los Angeles, County in the event that it agrees to pay any additional fees or costs you incur as a result of the change in location as determined by the arbitrator.
ASSIGNMENT
The Terms and Conditions contained herein and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IPFreedom VPN without restriction.
SEVERANCE
If any term, clause or provision of the present agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
CHOICE OF LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana, county of Hamilton, without regard to conflicts of law principles. The sole and exclusive jurisdiction and venue for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the State of Indiana, county of Hamilton. You hereby submit to the jurisdiction and venue of said Courts. You consent to service of process in any legal proceeding.
If Subscriber agrees to all of the foregoing terms and conditions, Subscriber may gain access to and use the IPFreedom VPN VPN service.
Last revised - February 18, 2020
Export Control Policy
IMPORTANT NOTICE ABOUT PERSONAL LIABILITY FOR PROHIBITED EXPORTS OF THIS SOFTWARE
This software contains sophisticated encryption features that make it a federal crime for you to do certain things with it, even inadvertently. Ignorance of these rules does not reduce your personal liability. Therefore please read the following guidelines carefully before accepting this software.
You may not 'export' this software to certain countries listed on the Commerce Control List, which currently includes; Cuba Iran Myanmar North Korea Sudan Syria
Additionally, the IPFreedom VPN or software cannot be used by the following people or organisations
Belarus: Persons undermining democratic processes or institutions (including President Alexander Lekashenko and other officials). Democratic Republic of the Congo: Persons contributing to the conflict in the Democratic Republic of the Congo. Former Yugoslavia: Persons who threaten international stabilisation in the Western Balkans and some states of the former Yugoslavia. Iraq: Specific individuals and entities associated with the former Saddam Hussein regime, as well as persons who have committed, or pose a significant risk of committing acts of violence that threaten the peace or stability of Iraq or the Government of Iraq or undermine efforts to promote economic reconstruction and political reform in Iraq or make it more difficult for humanitarian workers to operate in Iraq. Lebanon: Persons who undermine the sovereignty of Lebanon or its democratic processes and institutions. Libya: Persons associated with former leader Muammar Gaddafi's regime. Russia: Persons believed to be responsible for the detention, abuse, and death of Sergei Magnitsky and other reported violations of human rights in Russia. Persons who undermine the peace, security, stability, territorial integrity and the democratic processes and institutions of Ukraine. Also persons administering areas of Ukraine without central government consent, also a number of senior Russian Officials close to President Vladimir Putin. Somalia: Persons contributing to the conflict in Somalia. Ukraine: Persons who undermine the peace, security, stability, territorial integrity and the democratic processes and institutions of Ukraine. Also persons administering areas of Ukraine without central government consent, also a number of senior Russian Officials close to President Vladimir Putin. Venezuela: Government officials linked to the 2014–15 Venezuelan protests and those who the US government alleges have committed human rights violations. Yemen: Persons who threaten peace, security, or stability in Yemen. Zimbabwe: Persons who undermine democratic processes or institutions in Zimbabwe, including a number of Government Officials.
This list may change from time to time so please visit http://www.bis.doc.gov/index.php/forms-documents/doc_download/743-740 to get updates. This prohibition on 'exports' means you may not send the software itself to such countries but it also means you may not carry your own personal computer containing this software into or through such countries.
Anywhere in the world, even inside the United States, you may not transfer this software (or a computer containing this software) to certain persons or organisations or companies listed on the Denied Parties List. See http://www.bis.doc.gov/index.php/forms-documents/doc_view/452-supplement-no-1-to-part-740-country-groups for the current list. Such a transfer is a "deemed export" subject to federal Export Administration Regulations.
Do not deliver or transfer this software or a personal computer containing this software to a national or resident of a foreign country anywhere in the world without first checking the Denied Parties List. If the intended recipient is listed or belongs to a listed organisation or company, you must contact the U.S. Department of Commerce, Information Technology Controls Division at (202) 482-0707 to apply for permission to make the transfer via an Export License. A transfer without the required license is a felony.
By downloading and/or using this Software, you accept full and personal responsibility for the custody of this software and agree to comply with all applicable export control laws and obtain all necessary licenses should you wish to 'export' any copies of the Software.
Digital Millennium Copyright Act
ipfreedomvpn.com does not condone the use of our service to facilitate copyright infringement. We respect and abide by U.S. copyright laws including the requirements of the DMCA and rely on our users to do the same.
ipfreedomvpn.com implements an automated virtual private network (“VPN”) service. Our service is fully automated and we do not log our user’s activities. We do not in any way select the recipients our users transmit to or the material our users access while using our service. We do not store, access, or modify any content that our users access while using our service.
As a result, ipfreedomvpn.com’s VPN service qualifies as a provider of transitory digital network communications under 17 U.S.C. § 512(a) of the Copyright Act. As we do not store any content accessed by our users, we are unable to delete any such content that may be infringing. Because we do not log our users’ activities in order to protect and respect their privacy, we are unable to identify particular users that may be infringing the lawful copyrights of others.
Digital Millennium Copyright Act (“DMCA”) Takedown Notices
That being said, ipfreedomvpn.com will do its best to assist copyright owners and their agents that report copyright infringement by a user that is using our services to the extent we can. However, before investigating any report of copyright infringement, we require the copyright owner or its authorized agent to give us a valid and complete DMCA takedown notices if you wish to report what you believe is infringing activity by a third party using ipfreedomvpn.com’s VPN service. If you are unsure as to whether content on the ipfreedomvpn.com network infringes your copyrights, then please first contact an attorney. Please deliver your notices to ipfreedomvpn.com’s designated DMCA Agent.
Pursuant to 17 U.S.C. § 512(c)(3), all of the following items are required for our agent to investigate your notice:
An identification in sufficient detail of the copyrighted work you believe to have been infringed; An identification of the content that is alleged to be infringing (all items should be mentioned separately); Sufficient information to help ipfreedomvpn.com to locate the allegedly infringing content; Sufficient contact information to notify the reporting party of ipfreedomvpn.com’s response (please include a physical address, telephone number, and email address); The following statement: "I have a good faith belief that use of the copyrighted materials in the manner complained of is not authorized by the copyright owner, its agent, or the law."; An identification of the user who may be responsible for the infringing activity; The following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."; A physical or electronic signature of the owner or their authorized agent; and Send the correspondence to the following address:
ipfreedomvpn.com Email: abuse@ipfreedomvpn.com
Upon receipt of your DMCA takedown notice, we will make reasonable attempts to assist you if we can, recognizing that our system is designed to maximize users privacy and that we maintain no logs tracking our users’ activities. If a notice lacks any of the aforementioned necessary elements, it may be deemed an invalid notice and ipfreedomvpn.com will not attempt to investigate it.
Please be aware that pursuant to 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing or that that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Counter-Notifications
If we are able to help you identify a user or other third party that is subject to your notice, be aware that we abide by the DMCA’s counter-notification provision. Specifically, the DMCA provides a means for those reported for copyright infringement using a DMCA notice to provide a response to address the original Complaint. 17 U.S.C. §§ 512(g)(2)-(3). As with DMCA takedown notices, DMCA counter-notifications have certain statutory requirements, which we have listed below. Again, if you are unsure as to whether you should provide a counter-notification, please contact an attorney specializing in intellectual property issues.
Sufficient information to identify you, including name, address, telephone number, email address, and a statement consenting to the Federal jurisdiction where your address is located, and that you agree to receive service of process from the party who provided the original DMCA notice under 17 U.S.C. § 512(c)(1)(C); A physical or electronic signature; An identification of the content that is alleged to be infringing (all items should be mentioned separately) and removed; The following statement: "I swear, under penalty of perjury, that I have a good faith belief that transmission of [insert file name here] identified above was blocked as a result of a mistake or misidentification of the material to be blocked"; and Send the correspondence to the following address:
ipfreedomvpn.com Email: abuse@ipfreedomvpn.com
PERSONAL INFORMATION WE COLLECT
From Clients of our Service E-mail Address for the purposes of account management and protection from abuse. Payment Data for the purposes of processing payments as required by our third-party payment processors. Note that we do not save your full credit card details. Affiliates who use the control panel will receive a temporary cookie to improve delivery of services.
From the Website and Email
Google analytics data (this data is anonymized). Google may also store a cookie with your consent. You may opt out here with Google's plugin. Internationalisation (i18n) Affiliates who opt to use the optional control panel will receive a temporary cookie. Information included in any submissions on the 'Contact Us' page. The email address of any e-mails we receive.
USES OF PERSONAL INFORMATION COLLECTED BY US E-mail address is used to send subscription information, payment confirmations, customer correspondence, and IPFreedom VPN promotional offers only, Payment data is used to manage client signups, payments, and cancellations, Google analytics data is used to improve our website and delivery of our content, Compliance with valid legal process, Contact submissions and e-mails will be used for correspondence, and Temporary cookies are used to handle control panel logins.
The data controller does not collect or log any traffic or use of its Virtual Private Network ("VPN") or Proxy.
WEBSITE REGISTRATION The data subject has the option to register on the website of the controller with the indication of personal information. The controller requests email data to be transmitted to the controller by the respective input mask (sign-up form) used for the registration. The personal information entered by the data subject is collected and stored exclusively for internal use by the controller, and for its own purposes.
By registering on the website of the controller, the date and time of the registration are also stored. The storage of this data takes place against the background that this is the only way to prevent the misuse of our services, and, if necessary, to make it possible to investigate committed offenses. Insofar, the storage of this data is necessary to secure the controller. This data is not passed on to third parties unless there is a statutory obligation to pass on the data, or if the transfer serves the aim of criminal prosecution.
The registration of the data subject, with the voluntary indication of personal information, is intended to enable the controller to offer the data subject contents or services that may only be offered to registered users due to the nature of the matter in question. Registered persons are free to change the personal information specified during the registration at any time, or to have them completely deleted from the data stock of the controller.
The data controller shall, at any time, provide information upon request to each data subject as to what personal information are stored about the data subject. In addition, the data controller shall correct or erase personal information at the request or indication of the data subject, insofar as there are no statutory storage obligations. A Data Protection Officer particularly designated in this data protection declaration, as well as the entirety of the controller’s employees are available to the data subject in this respect as contact persons.
WEBSITE CONTACTS The IPFreedom VPN website includes information that enables data subjects to contact the controller via electronic mail (e-mail address). If a data subject contacts the controller by e-mail or via a contact form, the personal information transmitted by the data subject is automatically stored. Such personal information transmitted on a voluntary basis by a data subject to the data controller are stored for the purpose of processing or contacting the data subject. There is no transfer of this personal information whatsoever to any third parties.
DISCLOSURE AND USE OF PERSONAL INFORMATION
ipfreedomvpn.com is a business that strives to protect privacy and the privacy rights of our clients. Although we will comply with all valid subpoena requests, our legal team scrutinizes each and every legal request that we receive for compliance with both the "spirit" and letter of the law. For invalid or overly broad subpoenas, we will often question or attempt to narrow the scope of any subject matter sought. Moreover, when it is possible and a valid option we will provide the user an opportunity to object to any requested disclosures. We cannot provide information that we do not have. ipfreedomvpn.com will not participate with any request that is unconstitutional.
DATA RETENTION The data controller retains all account information and data indefinitely unless a data subject requests that their personal information be deleted. In the event of a deletion request, we will anonymize the personal information so it is not associated with a specific individual. From the moment we receive the request, this process takes up to 30 days to be reflected across all our systems.
Our current data protection officer can be reached at the following information below. privacy@ipfreedomvpn.com
MAINTAINING THE SECURITY OF YOUR PRIVATE INFORMATION Your private information is safeguarded by ipfreedomvpn.com. Only some employees are granted access to the servers and information where private information is maintained. Private information is maintained in an encrypted form.
HOW WE TRANSFER INFORMATION COLLECTED INTERNATIONALLY
We collect information globally and primarily store that information in the United States. If We transfer your information from the United States, We will request your consent.
COPPA DISCLOSURE - About Children’s Online Privacy
The Children’s Online Privacy Protection Act (COPPA) was passed to give parents increased control over what information is collected from their children online and how such information is used. The law applies to websites and services directed to, and which knowingly collect information from, children under the age of 13. Our online services are not directed to children under the age of 13, nor is information knowingly collected from them. For additional information on COPPA protections, please see the FTC website at: https://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online RIGHTS OF THE DATA SUBJECT Right of Confirmation.
Each data subject has the right granted by the European legislator to obtain from the controller the confirmation as to whether or not personal information concerning him or her are being processed. If a data subject wishes to exercise this right of confirmation, he or she may, at any time, contact our Data Protection Officer or another employee of the controller.
Right of Access.
Each data subject shall have the right granted by the European legislator to obtain from the controller free information about his or her personal information stored at any time and a copy of this information. Furthermore, the European directives and regulations grant the data subject access to the following information:
the purposes of the processing; the categories of personal information concerned; the recipients or categories of recipients to whom the personal information have been or will be disclosed, in particular recipients in third countries or international organizations; where possible, the envisaged period for which the personal information will be stored, or, if not possible, the criteria used to determine that period; the existence of the right to request from the controller rectification or erasure of personal information, or restriction of processing of personal information concerning the data subject, or to object to such processing; the existence of the right to lodge a complaint with a supervisory authority; where the personal information are not collected from the data subject, any available information as to their source; the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) of the GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
Moreover, the data subject has the right to obtain information as to whether personal information are transferred to a third country or to an international organization. Where this is the case, the data subject shall have the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, he or she may at any time contact our Data Protection Officer or another employee of the controller.
Right to Rectify.
Each data subject has the right granted by the European legislator to obtain from the controller without undue delay the rectification of inaccurate personal information concerning him or her. Taking into account the purposes of the processing, the data subject shall have the right to have incomplete personal information completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, they may, at any time, contact our Data Protection Officer or another employee of the controller.
Right to Erasure.
Each data subject has the right granted by the European legislator to obtain from the controller the erasure of personal information concerning him or her without undue delay, and the controller shall have the obligation to erase personal information without undue delay where one of the following grounds applies, as long as the processing is not necessary:
The personal information are no longer necessary in relation to the purposes for which they were collected or otherwise processed. The data subject withdraws consent to which the processing is based according to point (a) of Article 6(1) of the GDPR, or point (a) of Article 9(2) of the GDPR, and where there is no other legal ground for the processing. The data subject objects to the processing pursuant to Article 21(1) of the GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) of the GDPR. The personal information has been unlawfully processed. The personal information must be erased for compliance with a legal obligation in Union or Member State law to which the controller is subject. The personal information has been collected in relation to the offer of information society services referred to in Article 8(1) of the GDPR.
If one of the aforementioned reasons applies, and a data subject wishes to request the erasure of personal information stored by the Controller, he or she may at any time contact our Data Protection Officer or another employee of the controller. The Data Protection Officer of Controller or another employee shall promptly ensure that the erasure request is complied with immediately.
Right of restriction of processing.
Each data subject shall have the right granted by the European legislator to obtain from the controller restriction of processing where one of the following applies: The accuracy of the personal information is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal information. The processing is unlawful and the data subject opposes the erasure of the personal information and requests instead the restriction of their use instead. The controller no longer needs the personal information for the purposes of the processing, but they are required by the data subject for the establishment, exercise or defense of legal claims. The data subject has objected to processing pursuant to Article 21(1) of the GDPR pending the verification whether the legitimate grounds of the controller override those of the data subject.
Right to Portability.
Each data subject shall have the right granted by the European legislator, to receive the personal information concerning him or her, which was provided to a controller, in a structured, commonly used and machine-readable format. He or she shall have the right to transmit those data to another controller without hindrance from the controller to which the personal information has been provided, as long as the processing is based on consent pursuant to point (a) of Article 6(1) of the GDPR or point (a) of Article 9(2) of the GDPR, or on a contract pursuant to point (b) of Article 6(1) of the GDPR, and the processing is carried out by automated means, as long as the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising his or her right to data portability pursuant to Article 20(1) of the GDPR, the data subject shall have the right to have personal information transmitted directly from one controller to another, where technically feasible and when doing so does not adversely affect the rights and freedoms of others.
In order to assert the right to data portability, the data subject may at any time contact the Data Protection Officer designated by Company or another employee.
Right to Object.
Each data subject shall have the right granted by the European legislator to object, on grounds relating to his or her particular situation, at any time, to processing of personal information concerning him or her, which is based on point (e) or (f) of Article 6(1) of the GDPR. This also applies to profiling based on these provisions.
This data controller shall no longer process the personal information in the event of the objection, unless we can demonstrate compelling legitimate grounds for the processing which override the interests, rights and freedoms of the data subject, or for the establishment, exercise or defense of legal claims.
Right to withdraw data protection consent.
Each data subject shall have the right granted by the European legislator to withdraw his or her consent to processing of his or her personal information at any time.
If the data subject wishes to exercise the right to withdraw consent, he or she may at any time directly contact our Data Protection Officer or another employee of the controller.
Provision of personal information as statutory or contractual requirement; Requirement necessary to enter into a contract; Obligation of the data subject to provide the personal information; possible consequences of failure to provide such data
We clarify that the provision of personal information is partly required by law (e.g. tax regulations) or can also result from contractual provisions (e.g. information on the contractual partner). Sometimes it may be necessary to conclude a contract that the data subject provides us with personal information, which must subsequently be processed by us. The data subject is, for example, obliged to provide us with some personal information when our company signs a contract with him or her. The non-provision of the personal information would have the consequence that the contract with the data subject could not be concluded. Before personal information is provided by the data subject, in this circumstance the data subject must contact our Data Protection Officer. Our Data Protection Officer clarifies to the data subject whether the provision of the personal information is required by law or contract or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal information and the consequences of non-provision of the personal information.
CHANGES TO THIS Terms and Conditions BY USING THIS WEBSITE AND/OR SERVICES, YOU AGREE THAT YOU AS THE DATA SUBJECT CONSENT TO THIS Terms and Conditions. YOU AGREE THAT ipfreedomvpn.com MAY MAKE CHANGES TO THIS Terms and Conditions AT ANY TIME WITHOUT ANY GIVEN NOTICE AT ITS DISCRETION.
IPFreedom VPN does not share a data subject’s personal information with third parties for direct marketing purposes. Please contact privacy@ipfreedomvpn.com for further information.
For all civil or law enforcement requests, please contact legal@ipfreedomvpn.com
While IPFreedom VPN agrees to accept service of law enforcement requests based on the above method listed above, IPFreedom VPN does NOT waive any legal rights based on this accommodation.
Business Contact IPFreedom VPN VPN business@ipfreedomvpn.com 516 699 0146
