PLEASE READ THE FOLLOWING TERMS OF USE, CAREFULLY BEFORE USING THE SURFEASY INTERNET-BASED PRIVACY SERVICE (THE 'SERVICE'). BY CLICKING THE 'I AGREE' BUTTON OR BY USING THE SERVICE, YOU REPRESENT THAT YOU HAVE READ THESE TERMS, THAT YOU UNDERSTAND THEM, AND THAT YOU AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE. THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND SURFEASY INC. ('SURFEASY').
SURFEASY RESERVES THE RIGHT, AT ITS DISCRETION, TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THESE TERMS AT ANY TIME. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SERVICE AFTER THE POSTING OF CHANGES CONSTITUTES YOUR BINDING ACCEPTANCE OF SUCH CHANGES. FOR ANY MATERIAL CHANGES TO THESE TERMS, SUCH AMENDED TERMS WILL AUTOMATICALLY BE EFFECTIVE THIRTY DAYS AFTER THEY ARE INITIALLY POSTED ON THE SERVICE. SURFEASY WILL ALSO EMAIL YOU NOTICE OF ANY MATERIAL CHANGES TO THE EMAIL ADDRESS YOU PROVIDED WHEN OPENING YOUR ACCOUNT.
Right to Use. You are hereby granted a limited personal right to use the Service commencing on the date you purchased the SurfEasy USB key and ending on the date that your use is terminated pursuant to these Terms of Use. Upon termination of the Service Period your right and ability to use and access the Service will cease.
Service Plan Fees. SurfEasy offers different Service plans. The details of the Service plan you enrolled in were disclosed to you at the time of purchase. If you subscribed for a plan with recurring fees and those fees are not paid in a timely manner, SurfEasy reserves the right to terminate, limit or suspend your access to the Service at its discretion. SurfEasy may also change the fees associated with any Service plan on 30 days prior notice to you. If you do not wish to pay the new fee, you may terminate your use of the Service.
Use of Personal Information. SurfEasy will collect and use certain personal information about you as detailed in our Privacy Policy a copy of which is located at http://www.surfeasy.com/legal/privacypolicy. As part of agreeing to these Terms of Use, you are also acknowledging, agreeing to and consenting to the collection, use and disclosure of your personal information as provided for in our Privacy Policy.
Use of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair SurfEasy’s systems or networks or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any computer systems or networks associated with the Service. You may only use the Service for your personal, non-commercial purposes, and not in any way to provide, or as part of, any commercial service or application. You may not transfer your rights hereunder or your account access to any other person. You may not use the Service: (a) in a manner that violates any law or regulation; (b) in a manner that infringes or violates any privacy, intellectual property, confidentiality, contractual or other rights; (c) to transmit information that is defamatory, offensive, misleading, false, harmful to minors or obscene; (d) to gain unauthorized access to any service, account, computer system or network; (d) to transmit any viruses or programming routines intended to damage, surreptitiously intercept, or expropriate any system, data or personal information; (e) in contravention of any acceptable use or other information technology policy that may apply to your use of any computer system or network; or (f) in any other manner that SurfEasy deems in its sole discretion to be inappropriate.
Events Beyond Our Control. Notwithstanding anything to the contrary contained herein or elsewhere in any document relating to the Service, SurfEasy shall not be liable for any disruption in the Service caused by factors outside of SurfEasy's control, including but not limited to, any problems with your computing or network infrastructure, hardware or product, problems with your internet service provider (ISP) or any sites you are attempting access through the Service, or any electrical or other utility outage.
Bandwidth Limitations. The Service has sufficient capacity to accommodate average non-commercial use. However, from time to time, you may temporarily experience slower service, or service unavailability, during periods of extraordinarily heavy usage of the Service. No such temporary slowdown or unavailability shall constitute a breach or default by SurfEasy of its obligations hereunder. In addition, SurfEasy reserves the right to temporarily suspend or limit your use of the Service in the event you exceed any bandwidth limitations associated with your account. No such suspension or limitation of the Service shall constitute a breach or default by SurfEasy of its obligations hereunder.
Termination. You agree that SurfEasy, in its sole discretion, for any or no reason, and without penalty, may terminate your use of the Service at any time. SurfEasy may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service may be effected without prior notice and you agree that SurfEasy will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies SurfEasy may have at law or in equity.
DISCLAIMER. THE SERVICE IS PROVIDED 'AS IS' WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. SURFEASY DOES NOT PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE SECURITY OF THE SERVICE. THE SERVICE WILL NOT PROTECT YOU FROM KEY LOGGING, REMOTE SCREEN VIEWING OR OTHER VISUAL ATTEMPTS TO MONITOR YOUR INTERNET USAGE. SURFEASY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY. IN NO EVENT SHALL SURFEASY, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, SUFFERED IN ANY CONNECTION WITH YOUR USE OF THE SERVICE HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF SURFEASY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS AND OTHER REPRESENTATIVES TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE (HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
Applicable Law. These Terms of Use are governed exclusively by the laws of the Province of Ontario, Canada notwithstanding any principles of conflicts of law. To the extent permitted by applicable law, any claim, dispute or controversy between you and SurfEasy shall be arbitrated and finally resolved, with no right of appeal, even on questions of law, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Toronto, Ontario. The language of the arbitration shall be English. If the foregoing arbitration is not permitted by applicable law or any court with jurisdiction, you irrevocably agree that all claims, disputes or controversies shall be settled exclusively by the courts of the Province of Ontario. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND SURFEASY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
Entire Agreement and Severability. These Terms of Use constitute the entire agreement between you and SurfEasy relating to the Service and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the subject matter hereof. To the extent the terms of any SurfEasy policies or programs for support services conflict with these Terms of Use, these Terms of Use shall control. If any provision of these Terms of Use is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.
SurfEasy Software License Terms
SurfEasy grants you a limited, nonexclusive, personal, non-transferable, object-code license to use one (1) copy of the software contained on the SurfEasy USB key to access the Service for internal and personal purposes only (the software contained on the SurfEasy USB key together with any updates, upgrades or enhancements thereto is referred to herein as the 'Software'). The Software may be used only on the SurfEasy USB key.
SurfEasy reserves all rights not expressly granted to you hereunder. The Software is protected by copyright and other intellectual property laws and treaties. You agree that SurfEasy and/or its licensors exclusively own the title, copyright, and other intellectual property rights in and to the Software.
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 SOFTWARE OR ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS LICENSE. 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 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 Software, merge the Software into another program or create derivative works based on the Software; or (e) use, copy or distribute the Software.
Limited Warranty.
SURFEASY WARRANTS THAT THE SURFEASY USB KEY (THE 'HARDWARE') AND THE SURFEASY PROVIDED SOFTWARE CONTAINED THEREON (THE 'SOFTWARE' AND TOGETHER WITH THE HARDWARE, THE 'PRODUCT') WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THEIR PUBLISHED SPECIFICATIONS FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF PURCHASE.
SURFEASY'S AND ITS DIRECTORS', OFFICERS', EMPLOYEES', AGENTS', SUPPLIERS', DISTRIBUTORS' AND OTHER REPRESENTATIVES' ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, FOR ANY BREACH OF THIS LIMITED WARRANTY SHALL BE, AT SURFEASY'S OPTION (A) RETURN OF THE AMOUNT PAID (IF ANY) FOR YOUR INITIAL PURCHASE OF THE PRODUCT, IN WHICH CASE YOUR LICENSE SHALL BE TERMINATED, OR (B) REPAIR OR REPLACEMENT OF THE PRODUCT. YOU WILL RECEIVE THE REMEDY ELECTED BY SURFEASY WITHOUT CHARGE. THIS LIMITED WARRANTY IS VOID IF FAILURE OF THE HARDWARE OR SOFTWARE HAS RESULTED FROM ACCIDENT, ABUSE, MISAPPLICATION, ABNORMAL USE, A VIRUS, OR VIOLATION OF ANY SERVICE TERMS OF USE. ANY REPLACEMENT HARDWARE OR SOFTWARE WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS, WHICHEVER IS LONGER, AND SURFEASY WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE YOUR REMEDY WITHIN A COMMERCIALLY REASONABLE TIME OF YOUR COMPLIANCE WITH SURFEASY'S WARRANTY REMEDY PROCEDURES.
EXCEPT AS SET FORTH ABOVE, THE HARDWARE AND SOFTWARE PROVIDED BY SURFEASY ARE PROVIDED 'AS IS' WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
EXCEPT FOR THE LIMITED WARRANTY ABOVE, IN NO EVENT SHALL SURFEASY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY DAMAGES, INCLUDING ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, SUFFERED IN ANY CONNECTION WITH YOUR USE OF THE HARDWARE OR SOFTWARE HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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