These Terms and Conditions cover your use of the Vest VPN services. By using our services, you are confirming that you are at least 18 years of age and agree to comply with the terms below. If you do not accept any part of these terms and conditions, you must not use the Vest VPN services.
Vest VPN is a trading brand of Spice New Media Ltd, company registered in UK and Wales.
TERMS & CONDITIONS
These terms apply to all subscribers of the Vest VPN services.
You agree to protect your username and password as supplied by Vest VPN services from unauthorized use.
By using our services, you will be held responsible for all actions, direct or consequential, that occur on our servers as a result of a connection made via our service using your username and password.
The following actions are strictly prohibited:
Engaging in any unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
Using Vest VPN Services to harvest or otherwise collect information about other individuals, including email addresses and/or phone numbers.
Using the Vest VPN Services in any manner that violates any and all applicable industry standards, third party policies or requirements that Vest VPN may communicate to its users, including without limitation, all of the applicable guidelines published by the CTIA, the Mobile Marketing Association or any other accepted industry associations, carrier guidelines or other industry standards.
Using the Vest VPN Services in connection with any unsolicited, abusive or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls, SMS or text messages, email, voice mail, or faxes.
Using Vest VPN Services to engage in fraudulent or unlawful activity with respect to third parties.
Violating or assisting in the violation of local or foreign law, including laws relating to the transmission of data or computer software.
Taking any action to encourage, market or promote activity prohibited under these terms.
Downloading, reproducing, storing and transmitting any material that infringes the intellectual property rights or other rights of third parties.
Downloading, reproducing and transmitting any material that is defamatory, libellous, discriminatory, malicious or harmful to any person or entity.
Creating false identities or spoofed or forged email addresses or headers, phone numbers, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call.
The subscriber also agrees not to use Vest VPN Services to/for:
Storage of any data which would violate local or internationally enforceable laws
Scanning of network ports
Scan networks for open proxies or open relays
Launch pop-ups, pop-unders or hidden pages from our service.
Reconnaissance, attacks or surveillance of any other computer or network while on Vest VPN services.
Sending of bulk mail or digital communications material
1. Age Restriction
Subscribers confirm that they are either at least eighteen (18) years of age, or an emancipated minor, or in possession of legal parental or guardian consent, fully able and competent to enter into these terms, conditions and warranties set out in these Terms of Service, and to abide by and comply with the Terms & Conditions contained herein.
2. Service Quality and Limitations (Service Level Agreement)
Actual service coverage, speeds, locations and quality may vary. The Vest VPN services are not supplied with a service level agreement and services are supplied on a best efforts basis. Vest VPN services may become unavailable as a result of factors out of our control, including but not limited to, hardware failure, power failure, misconfiguration, network congestion, signal strength, third-party hardware or software failure, resulting in a service that may be temporarily suspended, interrupted, refused, limited or curtailed. Vest VPN will remain indemnified against loss of data, delays, loss of earnings either directly or indirectly caused as a result of service failure. We may impose limits on Vest VPN services usage, suspend Vest VPN services, or block certain kinds of usage in our sole discretion to protect users of our virtual private network service. Actual network speed may vary based on configuration, compression, network congestion, server load and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
3. Copyright, Patent and Trademark Information
Copyright© 2015 Vest VPN All Rights Reserved. Vest VPN services, client apps, and the information that they contain, are the property of Vest VPN and are protected from unauthorized copying and dissemination by United Kingdom copyright law, trademark law, international conventions and other intellectual property laws. Other Software or service names or logos appearing in the Software are either trademarks or registered trademarks of Spice New Media Ltd., and/or their respective owners. The absence of a Software or service name or logo from this list does not constitute a waiver of Spice New Media Ltd.'s trademark or other intellectual property rights concerning that name or logo.
4. Usage Restrictions
Your registered account is intended for your sole use; the simultaneous use by two or more individuals is forbidden.
Each subscriber may connect a single device to the service.
In each instance, subject to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:
The Vest VPN services may only be used for lawful purposes.
The Vest VPN services are subject to a subscription fee. This fee covers the provision of the virtual private network service.
Lost or forgotten passwords are not retrievable. Vest VPN does not record a copy of the subscriber’s password in plain text format.
Vest VPN will record only the information you provide during the activation of your subscription relating to your account.
Vest VPNoffers a trial period of the virtual private network product for a duration of 14 days. Only one trial account is available per person.
5. Content/Usage Disclaimer
We keep a history of the DNS records served to the subscriber, user session statistics and bandwidth used (to enable us to ensure the service is provided to the subscriber in a fair and consistent manner). Our systems will not keep a log of the private information sent between websites or web services, during the time the subscriber is connected to our virtual private network. Court orders from a competent jurisdiction will be honoured if a request for information is served. Fraudulent activities, including hacking, online espionage, cracking, digital theft, copyright infringement, virus distribution, phishing, reconnaissance and/or conduct considered illegal or undesirable will result in immediate suspension and the termination of the subscriber’s account. Subscribers must ensure their systems are protected and up to date. The subscriber will be responsible for any damage caused by their neglect or exposure of vulnerabilities whether intentional or unintentional to our network. If a subscriber is acting in a manner that is considered illegal by the laws of the host country in which Vest VPN servers are kept, we may be required by law to log additional information.
Vest VPN policy relating to any activity which does not conform to the terms laid out herein, will result in immediate closure of the subscriber’s account. There will be no refund available to the subscriber if their account is terminated as a result of a breach of these terms. Additionally, the Client understands that Vest VPN expressly reserves the right to hold the client or any third-party using the service on the 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, attorney’s fees, fees for expert witnesses, court costs, and other charges.
7. Subscription Fees, Payment Terms and Refund Policy
7.1 Subscription Fees for Vest VPN services
Charges for the service provided by Spice New Media Ltd, to the customer will become due if the customer wishes to continue use of the service after the trial period, or introductory grace period. Charges for the services will be made in accordance with the pricing details as laid out on the relevant website. Advance payment is required for use of the service. Service can and will be suspended if payment is not received for said services. All charges will be billed and collected in advance.
All applicable federal, state or local taxes and all use, sales, commercial, gross receipts, privilege, surcharges, or other similar taxes, license fees and surcharges, whether charged to or against Spice New Media Ltd., will be payable by you. You will not withhold any taxes from any amounts due to Spice New Media Ltd.
7.2 Pricing Plans & Discounts
You are responsible for reviewing our product pricing from time to time and to be aware of the fees charged by Vest VPN. Pricing and associated terms, are subject to change at any time and at Spice New Media Ltd's sole discretion. Vest VPN will attempt to notify you via email before the changing of pricing on a good will basis.
Use of Vest VPN services, including data transfer, backup & restore, access to VPN servers require that you must provide us with payment. To pay for the services, we you can make payment through a third party payment processor. We currently use the following methods of payment: iTunes in-app-purchases for iOS devices and Mac OS X version from the Apple Mac Store. Amazon and PayPal purchases for Mac OS X and MS Windows desktop applications.To pay for a subscription users must have a valid PayPal account. PayPal will also support payment using a supported credit or debit card. The third party site will provide us with the date on which you made the payment and the date that your account will expire, along with a generic order number. We will then store the above information for our accounting records. We do not store your name, home address and payment details (e.g. credit card details); the third party payment provider handling the transaction may store this information and may be accessible by Vest VPN. If Vest VPN is unable to process the automatic payment from your Apple ID, Amazon ID or PayPal account, Vest VPN will notify you via email and your account will be disabled until payment is received. Cancellation of an upgrade of your account is permitted at any time.
7.4 Refund Policy
The support team will endeavour to support you if you have any configuration difficulties. Email us at firstname.lastname@example.org. If you are not entirely satisfied with our services, you are entitled to a refund during the first 14 days of usage.
Apple In-App Purchases refunds can be claimed from Apple (https://expresslane.apple.com).
Amazon purchases refunds can be claimed from Amazon (http://www.amazon.com/gp/css/returns/homepage.html/).
PayPal refunds can be made via your PayPal account under Purchase Details. We will notify you by email once your refund is due. It can take up to 10 days after the time of cancellation to receive this.
In some specific cases we will not be able to make a refund via the same payment system that the refunded purchase had been made. In such cases we will request additional information so that we may process the refund accordingly.
8. Right to Disable Access
Spice New Media Ltd., at its own discretion, may immediately disable your access to the Vest VPN services without refund if Vest VPN believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.
Vest VPN reserves the right to reclaim any phone number from Customer's account and return that number to the relevant numbering plan if Customer does not send sufficient traffic over that phone number such that the phone number is unutilized or underutilized, as defined by any local, federal, and/or national regulatory agency and/or governmental organization with oversight over the relevant phone number and numbering plan. In the event that Vest VPN seeks to reclaim one or more phone numbers from Customer's account, Vest VPN will provide at least two weeks' written notice to Customer (via email) that Vest VPN is reclaiming one or more phone numbers, unless Vest VPN is otherwise prevented from doing so by the applicable regulatory agency or governmental organization.
9. Restrictions and Responsibilities
9.1. No Rights in Software
This is an Agreement for you to use the Software, which provides you the access to Vest VPN services. You are not granted a license to any software by this Agreement. You may not, directly or indirectly: reverse engineer, disassemble, decompile or otherwise attempt to reveal the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Software or any software, documentation, or data related to the Software; remove any proprietary notices or labels from the Software; modify, translate, or create derivative works based on the Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Software. You may not display, copy, reproduce or distribute the Software, any component thereof, any documentation provided in connection with the Software, or any content, including but not limited to newsletters distributed to you by Vest VPN in connection with the Software without preliminary written agreement with the Vest VPN Violation of these restrictions may result in the termination of this Agreement.
9.2. Permitted Use of the Software
The Software will be used for your internal business (including civil or charitable) purposes only. If you are using the Software in any jurisdiction which restricts the ability of a software provider to restrict your right to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software, then you hereby covenant that, prior to engaging in such activities, you will first request that Vest VPN perform such work at its standard professional services rates. Vest VPN can then decide either: (i) to perform the work in order to achieve such interoperability and charge its standard rates for such work to you; or (ii) to permit you to reverse engineer parts of the Software in order to obtain such source code, but only to the extent necessary to achieve such interoperability or (iii) to provide you with the information that you need regarding the Software for the purpose for which applicable law permits you to engage in such activities, despite a contractual prohibition on such activities.
9.3. Compliance with Laws; Monitoring
You may use the Software only in compliance with this Agreement. You agree to not use this Software as a means or in a manner that violates any local, state, Federal laws international treaties.
You hereby agree to defend, indemnify and hold harmless Spice New Media Ltd., its business partners, third-party suppliers, providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using the Software or (iii) otherwise arises from or relates to your use of the Software. In addition, you acknowledge and agree that Vest VPN has the right to seek damages when you use the Software for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.
9.5. Your Information
Using the varied features of the Vest VPN services and client software, you may provide information about yourself or your employer (such as name, contact information, or other registration information) to Vest VPN Vest VPN may use this information and any technical information about your use of the Software to improve its appearance for you, facilitate your movement through the Software, or communicate separately with you. If you licensed the Software as a result of solicitation by a marketing partner of Spice New Media Ltd., Vest VPN may share your information with the marketing partner and the marketing partner may share related information with Vest VPN Vest VPN will not provide your contact information to companies you have not authorized for that purpose unless required by law.
9.6. Intellectual Property Rights in Your Content
You agree that you will not upload or transmit any contact lists, communications or content of any type to Vest VPN or in connection with the Software that infringe, misappropriate or violate any rights of any party. By submitting any ideas, concepts, inventions, or content to Vest VPN or using them in connection with the Software, you agree that such submission is non-confidential for all purposes. If you make any such submission, you agree that you will not send or transmit to Vest VPN or to any third party using the Software, any communication or content that infringes or violates any rights of any party. If you make any submission to Vest VPN or if you submit any text, pictures, graphics, videos, business information, idea or concept to Vest VPN by email, without preliminary notification of confidentiality, you automatically grantor warrant that the owner of such content or intellectual property has expressly granted Vest VPN a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display such content in any manner.
You may terminate this Agreement at any time by notifying Vest VPN Customer Support in. Since access to the Vest VPN services is delivered in full at the beginning of the subscription period, amounts paid for the Vest VPN services under this subscription plan are not refundable. Vest VPN may terminate this Agreement or the Software, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. Vest VPN shall have no liability to you or any third party because of such termination or action. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
11. Warranty Disclaimer; Remedies
USE OF THE SOFTWARE AND ANY RELIANCE BY YOU UPON THE SOFTWARE, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. VEST VPN DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE. THE SOFTWARE IS PROVIDED "AS IS" AND VEST VPN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Your sole and exclusive remedy for any failure or non-performance of the Software shall be for Vest VPN to use commercially and timely reasonable efforts to adjust or repair the Software. Vest VPN regularly makes fixes, enhancements and upgrades to its Software for the benefit of all customers on paid subscription plans.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL VEST VPN OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS " VEST VPN " BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF VEST VPN SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, VEST VPN IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), SOFTWARE LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF VEST VPN TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY VEST VPN TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
13. Restricted Persons; Export of Software or Technical Data
You hereby warrant that you are not a "Restricted Person". For purposes of this Agreement, you are a "Restricted Person" if you or any officer, director, or controlling shareholder of the entity on behalf of which you are using the Software is (i) a national of or an entity existing under the laws of Cuba, Iran, Sudan, Syria, or any other country with which U.S. persons are prohibited from engaging in transactions, as may be determined from time to time by the U.S. Treasury Department; (ii) designated as a Specially Designated National or institution of primary money laundering concern by the U.S. Treasury Department; (iii) listed on the Denied Persons List or Terrorists List or Entity List by the U.S. Commerce Department; (iv) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license; or (v) owned, controlled, or acting on behalf of a Restricted Person. If you become a Restricted Person during the term of this Agreement, you shall notify Vest VPN within twenty-four (24) hours, and Vest VPN shall have the right to terminate any further obligations to you, effective immediately and with no further liability to you, but without prejudice to your outstanding obligations to Vest VPN You agree that you shall not use the Software to conduct or facilitate any transaction with any Restricted Person, except as may be expressly authorized in advance in writing by the U.S. Government. You may not remove or export from the United States or allow the export or re-export of the Software, or any direct Software thereof, including technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
14. No Implied Endorsements
In no event shall any reference to any third party or third party Software or service be construed as an approval or endorsement by Vest VPN of that third party or of any Software or service provided by a third party.
15. Notice and Take Down Procedures; Copyright Agent
If you believe any materials accessible on or from Spice New Media Ltd.'s websites infringe your copyright, you may request removal of those materials (or access thereto) from the web site by contacting Vest VPN Customers Support (identified below) and providing the following information:
1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
2. Identification of the material that you believe to be infringed and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
3. Your name, address, telephone number and e-mail address.
4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
6. A signature or the electronic equivalent from the copyright holder or authorized representative.
Vest VPN Customers Support may be reached via email: email@example.com
In an effort to protect the rights of copyright owners, Vest VPN maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of this web site who are repeat infringers.
16.1 If any condition of the Agreement is found to be unenforceable or invalid, that condition will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force, in effect and enforceable.
16.2 Vest VPN and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties, supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
16.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Vest VPN in any respect whatsoever.
16.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its reasonable costs and attorneys' fees.
If you have any questions about the rights and restrictions above, please contact Vest VPN by email at firstname.lastname@example.org