Legal

Terms of Service

Effective Date: September 9, 2011

This policy outlines WiTopia’s terms and conditions (the “Terms”) for usage of WiTopia’s VPN products and services, including personalVPN™, personalVPN Pro, personalVPN Premier, and CloakBox™ (the “Service”). Your activation and use of the Service represents your agreement to be bound by these Terms and your agreement to the Privacy Policy, http://www.witopia.net/legal, which is incorporated as a part of theses Terms. By activating and using the Service, you also represent that you are at least eighteen (18) years of age and that the registration information you have provided is accurate, complete, and up-to-date. In these terms, the “you,” “your” or “user” refers to WiTopia users with a personalVPN™ and personalVPN Pro account. “We,” “our” or “us” refers to WiTopia.
Changes to these Terms

We may change these Terms in the future so please check for updates in your customer portal here. Your continued use of the Service after such change will constitute your acceptance of such changes.

individual accounts and normal usage of personalVPN

WiTopia personalVPN™ and personalVPN Pro™ accounts are intended for individual use only with up to five (5) simultaneous connections per account. personalVPN Premier is intended for individual use only up to eight (8) simultaneous connections per account. Any non-individual use, or any use that is indistinguishable from non-individual use, is prohibited.

customer communications

You agree to allow us to  i) send you important service-related updates and announcements including network issues, software updates, etc. ; ii) respond to your requests or inquiries; iii) send you offers, surveys, and other marketing content (you can opt-out of marketing emails at any time in your Customer Portal (https://my.personalvpn.com/account/settings).

usage policy

WiTopia requires that all users use the Service reasonably. If you are unable to use the Service reasonably, WiTopia may cancel, suspend or decline to renew your service without notice. It is within WiTopia’s sole discretion to determine what comprises reasonable use.

In addition, you agree to the following:

You are responsible for maintaining the confidentiality of your security credentials, and/or passwords (if any) and are liable for any harm resulting from disclosing or allowing disclosure of any password or sharing of security credentials.

You agree to comply with all applicable laws and regulations in connection with your use of the Service.

You further agree that you (or anyone using your account) will not engage in any of the following activities:

Sending or transmitting unsolicited advertisements or content (“SPAM”) over the Service, whether via e-mail, Usenet, or any other communication channel.

Copyright, trademark, and patent infringement. See WiTopia’s Copyright Policy at here for additional information.

Distributing any content over or using the Service that is, or is directed to inciting or producing imminent conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, libelous, invasive of another’s privacy, or hateful.

Impersonate any person or entity, including but not limited to a WiTopia representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; or
Forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the System

Distribution of any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

Violating or attempting to violate the security of the Services;

Using the Service for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; and

Using the Service in a manner that is harmful to another person or user.

third-party content

We do not control, nor are we responsible for any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. We may, but are not obligated to, block information, or transmissions of or access to certain information, services, products or domains, in order to protect the Service, our network, the public or our users. We are not a publisher of and do not endorse any third-party content accessed through the Service. You agree that we are not responsible for the accuracy, timeliness or delivery of any third-party content, advertising, products or other materials accessed through the Service, and we expressly disclaim liability for any harm resulting from your access to or use of such.

service availability

WiTopia will attempt to make the Service available at all times, except for limited periods for maintenance and repair. However, actual service coverage, speeds, locations and quality may vary. The Service may be unavailable for a variety of factors beyond our control, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or information lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks. We may impose usage or Service limits, suspend Service, or block certain kinds of usage in our sole discretion to protect WiTopia and users or the Service.

indemnify and hold harmless

You are responsible for all actions that occur regarding your account. As a condition of service, you agree to indemnify and hold harmless WiTopia, including its officers, employees, contractors, agents, shareholders and partners for any cause of action, claim, or damages, including reasonable attorneys’ fees, arising out of or relating to your use of the Service.

export

The Service may be subject to United States export controls. You may not export or re-export the Service without: (a) the prior written consent of WiTopia, (b) complying with any applicable export control laws, and (c) obtaining all appropriate permits and licenses. In any event, You may not transfer or authorize the transfer of the Service to a prohibited territory, country or organization (currently including, without limitation Cuba, Iran, North Korea, Sudan and Syria and any organization named on the United State’s Commerce Department’s “Denied Parties List”) or otherwise in violation of any applicable restrictions or regulations. You understand and agree that the Service may contain information that is controlled and restricted from export by United States export controls. If WiTopia, in its sole discretion, determines that it cannot implement the Service in a manner to exclude access to Controlled Information where required, if You are in a country or territory that is subject to such regulation, You shall not be provided access to the Service.

moneyback guarantee and refund policy

We feel it is extremely important that our customers are satisfied with their service from us so we offer a very generous moneyback guarantee policy.

Purchasers of any non-monthly subscription to WiTopia’s personalVPN™, personalVPN Pro™, or personalVPN Premier services may cancel their subscription and receive a full refund within the first 30 calendar days after purchase.

Refunds will only be issued to account holders who voluntarily cancel their subscription to Service within the aforementioned period after purchase. If an account is terminated for violation of these Terms, no refund will be issued for any remaining account balance or unused subscription to Service.

Monthly subscribers, who pay for the Service on a month-to-month basis, may cancel their subscription to the Service at any time. However, users will not be issued a refund for any portion of the current service month, but auto-renewal of their subscription will be cancelled and no further charges will be owed for subsequent service months.

cancelling service

Subscriptions to the Service may be cancelled via your WiTopia Customer Portal here, within the required times as specified above or, if there is some issue, we can accept cancellation requests sent to support@witopia.net.

witopia termination of service

We would hope that we would seldom have to resort to such action, but as we cannot predict every instance in which it may be necessary, WiTopia reserves the right to suspend, terminate, or refuse service to anyone at any time for any reason.

warranty disclaimer; limitation of liability

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE, TIMELY OR COMPLETELY SECURE MANNER, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.

UNDER NO CIRCUMSTANCES SHALL WITOPIA BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SERVICE.

limitation on claims

Where permitted by law, you and WiTopia agree that any cause of action arising out of or related to the Service must be commenced within one (1) year after it accrues, or it is permanently barred. WiTopia’s total, cumulative liability to you for any damages arising out of or related to the Service shall be limited to the greater of the following amounts: (i) one-hundred (100) dollars; or (ii) the amount you paid WiTopia for your use of the Service.

jurisdiction; venue

These Terms, and any agreement between the parties, shall be governed by the Laws of the Commonwealth of Virginia. Exclusive jurisdiction and venue for all matters arising under or relating to these Terms shall be in courts located in Fairfax County, Virginia.

acceptance of terms

By logging in to or using the Service, you agree to the WiTopia Terms of Service and the Privacy Policy, which is incorporated by reference into the Terms of Service.