Webzilla VPN - Terms of Service (Last revised: February 25, 2015)
Webzilla VPN.com 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”) (Webzilla VPN.com and Subscriber collectively known as “Parties”) acknowledge that Webzilla VPN.com and/or any of its parent companies or constituents will not be held liable for any and all liability arising from your use of its services and website.
Subscriber affirms that they are either more than eighteen (18) years of age 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 these Terms and Conditions 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.
Subject to the terms and conditions set forth in this Agreement, Webzilla VPN grants You a limited, nonexclusive, personal, nontransferable license to install and use one (1) copy of the provided version of th Webzilla VPN Software in object code format, to access the Service for internal and personal purposes only, and on only five (5) Devices. The Webzilla VPN Software is "in use" on a computer when it is loaded into the temporary memory (e.g., RAM) or installed into the permanent memory (e.g., hard disk, CD• ROM or other storage device) of a Device.
CHANGES TO THIS AGREEMENT
Client understands that the present Terms of Service are subject to changes made by Webzilla 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.
You agree to comply with all applicable laws and regulations in connection with use of this service. You must also agree that you nor 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, 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 Webzilla VPN.com;
• 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;
• Using this service to transmit any material (by email, uploading, posting, or otherwise) that 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 resi
Webzilla VPN Software License Restrictions.
YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) RENT, LEASE, SUBLICENSE, SELL, ASSIGN, LOAN, USE FOR TIMESHARING OR SERVICE BUREAU PURPOSES OR OTHERWISE TRANSFER THE Webzilla VPN SOFTWARE OR ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS AGREEMENT. You may not (and may not allow a third party to): (a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Webzilla VPN Software by any means whatsoever, except to the extent the foregoing restrictions are expressly prohibited by applicable law; (b) remove or destroy any copyright notices or other proprietary markings; (c) attempt to circumvent any use restrictions; (d) modify or adapt the Webzilla VPN Software, merge the Webzilla VPN Software into another program or create derivative works based on the Hotspot Shield Software; or (e) use, copy or distribute the Webzilla VPN Software without Webzilla VPN 's written authorization, except that You may make one (1) copy of the Webzilla VPN Software for archival or backup purposes only.
YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) COPY, REPRODUCE, CAPTURE, STORE, RETRANSMIT, DISTRIBUTE, OR BURN TO CD (OR ANY OTHER FORMAT) ANY COPYRIGHTED CONTENT THAT YOU ACCESS OR RECEIVE WHILE USING THE Webzilla VPN SOFTWARE OR SERVICE. YOU ASSUME ALL RISK AND LIABILITY FOR ANY SUCH PROHIBITED USE OF COPYRIGHTED CONTENT
SERVICE LEVEL AGREEMENT
Service coverage, speeds, locations and quality are not guaranteed. While Webzilla VPN.com 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. Webzilla 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.
• As a client of Webzilla VPN , you are responsible for:
• Maintaining the confidentiality and security of the account you are provided.
• Ensuring that subscriber connections to the Webzilla VPN.com network are limited to no more than five (5) 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 Webzilla VPN service with your account credentials.
You acknowledge that Webzilla VPN.com reserves the right to create a subscription service through one or more third party merchants. 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, and one (1) year.A subscription plan is an automatic payment recurring based on the service plan. All accounts are offered as is at the time of purchase.You may cancel the account subscription at anytime; the account will remain active for the remainder of your billing cycle.
Webzilla VPN.com reserves the right to change the fees at anytime at its discretion. Subscriber understands that Webzilla VPN.com is not obligated to honor errors due to typos and is not responsible for misinformation provided on third party websites or affiliates.
Webzilla VPN.com reserves the right to close your account at any given time without any given notice. While Webzilla VPN.com 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 Webzilla VPN.com 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 Webzilla VPN.com network.
Subscriber also understands that Webzilla VPN.com for reasons beyond its control may shut down and terminate services. If Webzilla VPN.com 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.
Disclaimers; No Warranties.
No Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Webzilla VPN AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE, AND NON• INFRINGEMENT OF PROPRIETARY RIGHTS. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Webzilla VPN.com OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT THE TERM Webzilla VPN INCLUDES Webzilla VPN'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
"As is" and "As available" and "With All Faults". YOU EXPRESSLY AGREE THAT USE OF THE SERVICE AND Webzilla VPN SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE, Webzilla VPN SOFTWARE AND ANY DATA, INFORMATION, THIRD• PARTY Webzilla VPN SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITH NO ASSURANCES THAT THE Webzilla VPN SOFTWARE OR SERVICE WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, BUGS, DISABLEMENTS OR OTHER CIRCUMVENTION. Webzilla VPN , ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
HARM TO YOUR COMPUTER YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD THE Webzilla VPN SOFTWARE AND OTHERWISE OBTAIN OR TRANSMIT MATERIALS, DATA, OR OTHER CONTENT WHILE USING THE SERVICE AT YOUR OWN DISCRETION AND RISK.
LIMITATION OF LIABILITY AND DAMAGES
LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL Webzilla VPN OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD• PARTY PARTNERS,LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES, OR LOSS OF ANTICIPATED PROFITS OR ANY OTHER PECUNIARY OR NON• PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THAT RESULT FROM YOUR USE OF OR YOUR INABILITY TO USE THE SERVICE OR Webzilla VPN SOFTWARE, OR ANY OTHER INTERACTIONS WITH Webzilla VPN EVEN IF Webzilla VPN OR Webzilla VPN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, Webzilla VPN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF DAMAGES
IN NO EVENT WILL THE TOTAL LIABILITY OF Webzilla VPN OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD• PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR Webzilla VPN (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE Webzilla VPN SOFTWARE AND SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
BASIS OF THE BARGAIN
YOU ACKNOWLEDGE AND AGREE THAT Webzilla VPN.com HAS OFFERED ITS Webzilla VPN SOFTWARE AND SERVICES, SET ITS PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND ANCHORFREE, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND Webzilla VPN.com. Webzilla VPN.com WOULD NOT BE ABLE TO PROVIDE THE SERVICE AND Webzilla VPN SOFTWARE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Subscriber agrees to defend, indemnify and hold harmless Webzilla VPN, 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 Webzilla VPN.com 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 Webzilla VPN.com Website.
The Parties agree that any legal claim or dispute between them or against any agent, employee, successor, or assign of the other, whether related to this agreement or otherwise, and any claim or dispute related to this agreement or the relationship or duties contemplated under this contract, including the validity of this arbitration clause, shall be resolved by binding arbitration by the American Arbitration Association (or name other firm providing arbitration services, i.e., National Arbitration Forum), under the Arbitration Rules then in effect. Any award of the arbitrator(s) may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the American Arbitration Association or at Corporate Headquarters, 335 Madison Avenue, Floor 10, New York, New York 10017• 4605. Telephone: 212• 716• 5800, Fax: 212• 716• 5905, Website: www.adr.org. This agreement shall be interpreted under the Federal Arbitration Act.
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 Webzilla VPN.com without restriction.
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 Texas, 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 Californi. 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 Webzilla VPN.com service.