1.1. vpn.cc (hereafter "Provider") offers a VPN service (hereafter "Service") through the website www.vpn.cc (hereafter "Website"), exclusively on the basis of these Terms and Conditions (hereafter "ToS").
1.2. Exceptions from these ToS will only apply if they have been confirmed in writing by the Provider. The validity of any other document e.g. catalogues or other advertising media, is explicitly excluded.
1.3. The customer (hereafter "Customer") declares his agreement to the validity of these ToS, by consenting to them on the Website and enters the required details in the available registration form and sends this to the Provider.
1.4. Each visit to the Website and any use of the Service by the Customer constitute the full acknowledgement of these ToS by the Customer.
2.1. The Provider will provide the Customer with VPN access through different servers located in several countries using different protocols.
2.2. The Provider reserves the right to add or remove Servers or IP addresses any time.
2.3. The Provider will optionally provide the Customer with a client software to easily establish VPN connections.
3.1. The access to the customer section of the Website and use of the Service require prior registration (hereafter "Registration") by the Customer.
3.2. Only natural persons of full age are entitled to register on the Website for access to the Service. Legal/juristic persons are excluded from Registration.
3.3. The Provider is not obligated to accept a person as a customer and reserves the explicit right to refuse any Registration or acceptance without providing reasons.
3.4. With Registration for the Service, the Customer is obligated to provide some or all of the following personal data completely and correctly: surname, first name, address and telephone number, valid e-mail address and payment information according to the selected payment method (wire transfer, credit card, PayPal, sofort, direct debit, etc.).
The Customer declares that he is the lawful owner of the payment information specified by him or an authorized representative. The Customer shall be obligated to provide evidence of suitable power of attorney. For the security of the Customer and the Provider, the Provider shall save the IP address of the Internet access at the time of Registration.
3.5. In order to be able to use the Service and member area on the Website, the Customer will receive a user name and password during Registration (hereafter "Access Data"). For access to the Service, the Customer requires an Internet-capable computer system and a software or hardware for establishing a VPN connection with the providers Login Credentials if he does not want to use the client Software offered by the provider.
3.6. In the member area of the website, the Provider will provide the Customer with a free program for establishing VPN connections with specific versions of Windows, Mac and Linux (hereafter "Client").
3.7. The software for devices running on iOS (such as iPhone, iPad and iPod) can be downloaded from the Apple App Store for free. It works with the Login Credentials provided by the provider. An application for Android devices can be downloaded from Google Play Store for free. It works with the Login Credentials provided by the provider.
The Customer is at liberty to use programs other than the Client.
The Customer must specify the Login Credentials in the program used by him, which are notified to him by the Provider during Registration.
4.1. Prior to conclusion of the contract, the Customer must define with the Provider, the type of account he wishes to use. Desktop Accounts work for desktop devices (PCs, Notebooks, Netbooks) AND mobile devices like Smartphones or Tablets. Mobile accounts only work for mobile devices such as Smartphones and Tables. However, they can be upgraded to a desktop account at any time (incurring an upgrade fee). Downgrading a desktop account to a mobile account is not possible.
4.2. Neither the download quota nor the number of connections to our VPN servers are restricted in any way. However the provider reserves the right to deactivate accounts if the usage seems to be fraudulent.
4.3. The connection speed of the different servers that are possible depend on it's load and on the infrastructional connection to the users internet connection and can therefore not be guaranteed.
4.4. The number of devices a certain account may and can be used on is restricted to the number of devices the customer owns. The provider reserves the right to restrict the simultanious usage of the account to 2 (two) devices by refusing further connections.
The contract between the Provider and the Customer will be regarded as concluded from the moment on which the Provider confirms acceptance of the Registration to the Customer and notifies the Login Credentials to the Customer.
The Customer will receive a Registration confirmation and the Access Data for accessing the member section of the Website as well as the service.
6.1. The contract between the Provider and the Customer will be concluded for the contractually agreed term.
If the Customer should only choose to use a test period with his Registration, the contractual term will begin at the start of the test period.
Without a cancelation, the contract will extend automatically by a selected term, if it has not been cancelled by later than ten (10) days prior to expiry of the contractual term.
The cancellation has to be performed in writing or by e-mail. A refund entitlement to the payments made during the selected and confirmed contractual term is also excluded in this case.
6.2. The applicable prices are those, which are valid at the time of contract conclusion and which the Customer has acknowledged upon conclusion of the contract.
The membership fee for the entire chosen term of the contract is payable in advance, either by direct debit (based on permanent direct debit mandate), PayPal, credit card or other payment options, specified on the payment site.
With registration for the Service, the Customer explicitly declares his agreement that the Provider will charge the bank account or credit card of the Customer in advance with the total price for the chosen contract term.
If the Provider has received the amount, he will send a confirmation of receipt to the Customer.
6.3. The Provider can adjust the prices for the agreed contractual services, subject to the following conditions.
The Provider will notify the Customer by e-mail about planned price increases at least four weeks prior to them taking effect.
From the time of receiving the notification regarding the price increase, the Customer has a right to cancellation until the time of the planned price increase coming into effect. If no cancellation takes place within the prescribed period, the price increase will be regarded as accepted. Price falls come into effect from the announced date. For the Customers subscription fees, a reduction will come into effect as of the following, contractually agreed time period, unless something different has been notified.
6.4. If the bank rejects a payment due for want of cover on the account or because the Customer cancelled the agreed direct debit, the Provider will invoice all arising expenses per rejected or cancelled direct debit. This amount will increase by the respective bank fees, plus the amount that has been contractually agreed.
If the Customer is more than ten days in default with his payment, or if the Customer has provided false or improper payment information to the Provider, the Provider shall be authorized to block access to the Service, after he has issued a reminder for the payment and pointed to the imminent blocking of the Service.
However, blocking access to the Service does not represent exercising the cancellation right.
When access to the Service is blocked, the Customer will continue to be obligated to pay the amounts falling due to the Provider.
The entitlement of the Provider to assert damage claims and default interest with continued payment default shall remain unaffected.
6.5. A refund to the payments made during the selected and confirmed contractual term is principally excluded, except if the Customer is given a right of withdrawal by law. No refunds will be considered for accounts deleted for violation of our ToS or Acceptable Use Policy.
7.1. For all changes to personal data used for the Registration or payment details, the Customer is obligated to either amend his profile in the customer section of the Website or notify the Provider of the changes using the support form or by e-mail.
The Customer can find the contact data for this purpose on www.vpn.cc & Contact.
7.2. After Registration for the Service, the Customer is obligated to treat the Login Credentials confidentially. In order to avoid any unauthorized and/or improper use of the Login Credentials, the customer will be obligated to keep this data in a safe place and not disclose it to any third party.
On no account will the Provider be held liable for losses incurred or for loss of data incurred by the Customer due to unauthorized or improper use. In exceptional cases, the Provider will be held liable for losses incurred by the Customer due to the Provider infringing his contractual duties.
7.3. Information and communications associated with the contract shall be sent by the Provider via e-mail. The Customer must check his inbox at least once a week. Furthermore, the Customer will ensure that he can receive the e-mails coming from vpn.cc, i.e. specifically coming from the "@vpn.cc" domain. If the Customer uses anti-spam software or an e-mail service with such a function, he will configure it accordingly. The Customer also agrees to send the Provider, by e-mail or in writing, messages and information regarding the function of the subscription service.
8.1. If the Customer has opted for the test period when concluding the contract, the contract ends automatically upon exceeding either time or download quote for that test account.
8.2. The Customer is entitled to cancel the contract at any time using the support form, e-mail or letter. A claim to a refund of the payments made for the selected and confirmed term of the contract is excluded.
8.3. The Customer can only use the test period once, unless the Provider explicitly permits the Customer an additional test period.
8.4. Outside of the reasons explicitly specified in these ToS, the Provider reserves the right to cancel the contract for good cause, without prior announcement and without prior notification, pursuant to the conditions envisaged in Art. 9.
In case of a cancellation, regardless of which side carries this out, no payments made in advance will be refunded.
9.1. The use of the VPN Service takes place exclusively at the risk and peril of the Customer.
The Provider rejects the liability and responsibility for all types of content retrieved through the VPN Connections by the Customer, particularly for the correctness and completeness of the content or its reconcilability with valid national or international law.
If the Customer provides minors with access to the Internet and the VPN Connections using the Access Data provided by the Provider, the Customer will exclusively assume the liability for this.
With the use of the Service, the Customer is obligated to allow prudence, reason and healthy judgement to prevail and comply with legal regulations.
9.2. The Customer agrees to assumption of liability for this information and the resulting consequences. He agreed to use of the Service solely for receiving and sending content or articles, which reconcile with the regulations of these ToS. Within the context of using the Service, the Customer is specifically obligated to refrain from the following:
The Customer is permanently obligated to maintain conduct that does not infringe national or international laws.
10.1. Under no circumstances will the Provider assume any liability for content transmitted trough the Service offered.
10.2. The Provider shall only be held liable for losses due to deliberate acts or gross negligence that he has committed himself or have been committed by an employee or legal representative of the Provider.
The Provider specifically excludes any liability, regardless of the nature or reason, for content that is distributed on the Internet.
The possible resulting losses and costs will be at the expense of the Customer.
10.3. On no account, will the Provider be held liable for losses or loss of data incurred and/or suffered by the Customer, caused by unauthorized or improper use.
In exceptional cases, however, in a concrete case, the Provider will assume the liability for the loss incurred by the Customer due to the infringement by the Provider against the contractual duties.
10.4. The Provider cannot guarantee permanent access to the Service or constant use of the Service. However, he will be obligated to offer correct access to the Service within the limits of his technical possibilities. Therefore, the Provider will be held liable only for the case of losses caused due to non-accessibility or impaired usability of the Service, where the loss has been deliberately caused by the Provider or as a result of gross negligence.
The Provider is specifically not liable for speed bottlenecks in connections to the Service or unintended or non-culpable failure of the Service.
11.1. The Service is accessible to the Customer 24 hours a day. The total or partial access to the Service can specifically be suspended or entirely discontinued, at the discretion of the Provider, in case of force majeure, difficulties with data processing or technical difficulties, difficulties in the structure of the telecommunication network, blocking of the telecommunication network, strike, international or regional emergency or storms. This list does not claim to be complete.
The Service can also be disrupted for maintenance reasons.
The Service and the Website are subject to changes and developments. These include a change to the functions at any time without prior notification, to the extent that this does not cause disadvantages for the Customer. The Provider has the option of replacing access to the Service with another, easy-to-use, technical means of access.
Changes to the Service can take place on the basis of legal changes, technical conditions or due to regulations or instructions from public authorities. If the Provider should omit significant parts of the Service, he will inform the Customer in writing or by e-mail.
Under this assumption, the Customer has the right to cancel the contract within four (4) weeks after the omission of the relevant Service or technical function. If Customer does not do this, the omission of a Service or technical change will be regarded as accepted.
The Provider reserves the right to replace, modify or terminate the voluntary services within this Service (e.g. the provision of a Client). The Customer cannot derive any entitlement to retaining or using specific, voluntary services from the use of the options offered to him by the Provider.
11.2. The Provider has the right to modify or complete these ToS, subject to compliance adequate prior notice. The Customer can object to significant technical changes within a period of four (4) weeks from receipt of the modified ToS. If the Customer does not object in writing or by e-mail, the modified ToS will take effect in place of the previous ToS after expiry of the notice period.
12.1. These ToS are subject to the law of Malta.
The courts of Malta are responsible for any legal disputes arising from the validity, interpretation and/or application of these ToS and the contract.
12.2. The Customer is only entitled to file own claims against similar types of claims by the Provider, if the Provider acknowledges the claims or if they have been legally established in favor of the Customer.
Modifications, amendments or subsidiary agreements to these ToS must be in writing and confirmed by an authorized representative of the Provider in order to be valid. The amendment or omission of this clause must also be in writing.
By means of a declaration, the Provider has the right to transfer the contract, with all related rights and duties to legal successors.
If the contract envisages that the parties must issue their declarations in writing, this means that the said declarations must be sent by post or e-mail to the address provided by the Customer and specified by the Provider. The declarations and invoices sent by e-mail shall be regarded as having been received one week after delivery to the Customers electronic mailbox, if they are not retrieved.
If one or several provisions of the contract or one or several provisions of the ToS should be fully or partially invalid, this shall not affect the validity of the remaining provisions or specific parts of these provisions from the contract and/or the ToS if necessary, an invalid or missing regulation will be replaced by the closest legal stipulation, in commercial terms.
Malta, March 2014