The following Terms of Service (the “Terms”) outlines the terms and conditions of use of and access to the Contents (the “Contents”) and Services (the “Services”) provided by Upstate Media Inc (“EvoVPN” or “we”), which includes EvoVPN’s website(the “Website”), applications (the “Apps”) and any software provided by EvoVPN (the “Softwares”).
ACCEPTANCE OF THE TERMS
By accessing the Contents or Services, you or those you represent (“you”) agree and acknowledge that you have read and accepted the terms in its entirety. These Terms constitute a legally binding agreement (the “Agreement”) between you and EvoVPN. These terms also apply to all users of the Service, including the users with paid accounts. If you don’t agree with any part of the Terms, you may not use our Service.
EvoVPN reserves the rights, at its sole discretion to modify the Terms of this Agreement at any time. If any core changes to the Terms, all users will be notified by Email, in-App message and will be announced by EvoVPN on its Website. You understand that it is your responsibility to review any such modifications. If you continue to use EvoVPN’s Services and Contents after the modifications take effect, you understand and agree to the revised Terms.
EvoVPN does not and will not collect or store traffic data, DNS queries, browsing history and VPN connection destination.
We do not provide any users’ information to any third party. We do not cooperate with any request for information unless we are ordered by a court of competent jurisdiction.
EvoVPN grants you a non-exclusive, non-transferable right to use the service. You shall not modify, distribute, sublicense or by any mean commercially exploit or make available to any third parties the Services in any way.
EvoVPN reserves all rights that are not expressly granted to you.
For the purchase through our Website, you may cancel the premium subscription and request a full refund within 7 days of your initial purchase. Refund beyond 7-day window may be considered, at the sole discretion of EvoVPN.
For the purchase through other Platforms (Google play store, The App Store, etc.), their refund policies shall govern.
ACCEPTABlE USAGE POLICY
It is your responsibility, at all times to assess whether using the Website, Apps, Software or Services is in compliance with applicable local, state national and foreign laws, and regulation. You should also comply with these Terms and applicable laws, regulations, and policies whenever you use the Website, Apps, Software or Services.
You agree to keep your EvoVPN account information confidential. You are responsible for all actions that occur on our servers where the login uses your user ID and password. You are advised to contact EvoVPN if you discover or suspect that your account information has been compromised immediately.
Using our Service, you agree not to:
- Send unsolicited contents (i.e., “spam”) in any form over the Service.
- Send contents that contain illegal, abusive, hateful, threatening, obscene materials; or intellectual property infringement and privacy invasion.
- Distribute, reproduce, upload, download or post any copyrighted contents before obtaining authorization or permission from the owner of the proprietary material.
- Distribute, reproduce, upload, download or post any contents that contain explicit or sexual depictions of minors.
- Attempt to gain unauthorized access to the Service or its related systems or networks (i.e., any form of “hacking”).
- Engage in any conducts that inhibit or restrict any other users from enjoying or using the Services, which include but not limited to unfair usage of the network(i.e., Utilizing substantially excessive bandwidth that exceeds the average user bandwidth usage for an extended duration or like manners that exert an excessive load on the network that may cause disturbance to other users on the network ).
EvoVPN reserves the right to take appropriate action when the Service is being used contrary to these Terms and applicable laws, which including termination of your account and the Service without providing a refund and notice.
EvoVPN is providing this service on the “as is” and “as available” basis without warranty or representation of any kind. EvoVPN does not guarantee the Services will meet your requirements, as in continuous availability of the Service or any specific feature(s) of the service. You acknowledge that you access the Website and Services at your sole risk and discretion.
The VPN Service (coverage, speed, quality, and server location) may vary, and the Service is subject to unavailability including but not limited to third-party service failure; emergencies; equipment, transmission, or network limitation or issue; interference or signal strength. EvoVPN is not responsible for any failure to maintain the accuracy, quality, security, and confidentiality of your data, message, or pages whether or not related to interruptions or performance issues with the Service.
EvoVPN may impose usage or service limits, suspend service, or block certain kinds of usage in our sole discretion.
LIMITATION OF LIABILITY
EvoVPN shall not be liable under contract, tort, strict liability, negligence or any other legal theory concerning the services for any lost profits or Special, indirect, incidental, punitive, or consequential damages of any kind whatsoever. In no event will EvoVPN, its partners, affiliates, subsidiaries, members, officers, or employees be liable for any direct, special, indirect, consequential, or incidental damages, or for any other loss or damages of any kind, even if they have been advised of the possibility thereof. The foregoing shall not apply to the extent prohibited by applicable law.
The EvoVPN and its Service is owned by Upstate Media Inc. Upstate Media Inc owns all the visual interfaces, information, servers, products, software, graphical materials and all other elements of the service.
You hereby agree to indemnify, defend, and hold harmless EvoVPN, its employees, members, directors, agents, supplier, and affiliated companies and their employees, agents, directors, shareholders, members, from any and all claim and expenses, including attorneys’ fees, arising out of your use of the Content and Service, including but not limited to your violation of this Agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by Us, however, shall not excuse any of Your indemnity obligations.