These Terms of Service ("Terms") govern your use of the Proscote (the "Site") and the VPN services offered there (the "Services"), which are owned and operated by Proscote ("Company", "we" or "us"). Please read these Terms carefully before you access the Site or Services, as these Terms form a binding legal agreement between you and Company.
By accessing the Site or registering for or using the Services, you agree to these Terms in their entirety.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR SERVICES. YOUR USE OF OUR SITE AND SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN.
We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of this policy. Such modification shall be effective immediately upon posting at the Site. As your next visit to a Site or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record, when you log-in to your account, or when you log-in to the Services.
Your use or continued use of the Site or Services following the posting and/or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.
You understand that we are providing you with a virtual private network ("VPN") service, which includes, but is not limited to, the use of servers, transport, routers, IP addresses and other equipment and protocols to transmit information over our network (the "System"). You agree to abide by these Terms with respect to your use of the Service.
You may not access or use the Site or Services if you are unable to form a binding, legal agreement with Company. You affirm that you are over the age of 18. You assume all responsibility for your use of, or access to, the Site or Services.
Accounts are for single user, individual use only. Any non-individual use or multiple-party use is prohibited. For example, the following uses are prohibited under this section:
4.1. Accuracy. By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us if your information changes.
4.2. Privacy. You may browse the Site without providing us with any personal information; however, to use our Services, you must register with us and submit certain personally identifiable information. You expressly agree that we may use your information in accordance with the terms of our Privacy Policy.
Company grants you a personal, limited, non-transferable, non-exclusive license to use the Site content and the Services, solely for your personal, private and non-commercial use in connection with the Services accessed by you. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services or our System to host content for others. You may not copy or download any content from the Services except with the prior written approval of Company.
Furthermore, without the prior written approval of Company, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Site content or Services. Any commercial use is expressly prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Site. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using.
Making unauthorized copies or distribution of Site content may result in the termination of your Company account, prohibition on use of Services, and further legal action.
The Services may require or allow you to download software, software updates or patches, or other utilities and tools onto your computer, entertainment system or device (the "Software"). Company grants to you a non-exclusive, limited license to use the Software solely for the purpose stated by Company at the time the Software is made available to you and in accordance with these Terms. Your use of the Software may be subject to the terms of a separate end-user license agreement. You may not sub-license, or charge others to use or access Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Software. You may not modify the Software or use it in any way not expressly authorized in writing by Company. You understand that Company's introduction of various technologies may not be consistent across all platforms and that the performance of the Software and related Services may vary depending on your computer and other equipment. From time to time, Company may provide you with updates or modifications to the Software. You understand that certain updates and modifications may be required in order to continue use the Software and Services.
Company enforces a zero-tolerance SPAM policy regarding information transmitted through our network. Company may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:
Company offers various service and/or product level packages to subscribers (the "Pricing Structure.") The current Pricing Structure, which describes our current membership packages, fees, is set forth at the end of these Terms, at Appendix A. Company may, with prior notice, change the fees it charges you for accessing the Services at any time. All prices are quoted for one user on one device. You agree that all fees charged by Company for accessing the Services will be automatically charged to your payment account on file with Company, at the time of any automatic renewal of your subscription for Services. To view our current subscriptions, payment terms and fees, please visit the Site.
Subscription Cancellation. You have the right to cancel your subscription (i.e., turn-off auto-renewals for upcoming subscription period) at any time. Please note that you will not be refunded for the unused portion of the current subscription period.
Refund. We seek your full satisfaction with our Services. However, if you are not satisfied with the Services you may cancel your subscription and request a refund within 30-days following your purchase of the Services ("Money Back Guarantee"). Please note that we do not grant the Money Back Guarantee for the auto-renewed subscription period of you cancel after the day of charge of such auto-renewal. In any event, we would be glad to troubleshoot an issue you experienced before you decide to request a Money Back Guarantee by contacting Customer Service at [email protected] or (833) 850-0444.
Payment of Refund. Payment of any refund issued to you will be made to the same payment mechanism (e.g., same credit card or bank account) that you used in paying for the subscription. For payments made in cryptocurrency, such currencies fluctuate in value and as a result your refund will be calculated in US Dollars. Payments made using gift cards or prepaid cards will not be refunded if such card does not support a refund. Refunds will be processed within 24hrs, but may take 7-14 days to credit the account on file depending on the issuing bank accepting the refund.
Subject to section 19, Company is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services or on our System. By using our Services, you expressly waive the right to seek damages and agree to hold Company harmless for any such loss, alteration, corruption or removal.
Company may also at any time modify or discontinue, temporarily or permanently, all or any part of the Services or your account, with or without notice, and you agree that Company will not be liable to you or any third party for any such modification, suspension or discontinuance. Our Services are not intended to be used in countries where offering or providing the Services is illegal, and we do not offer the Services in such countries or to citizens of such countries.
We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. We are not a publisher of third-party content accessed through the Services and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.
You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services, the Software or System, to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:
Company respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate in appropriate circumstances the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the System that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Additionally, you shall not upload, download, post, publish, reproduce, transmit or distribute in any way any component of the System itself or derivative works with respect thereto.
Company may deny or restrict your access to all or part of the System without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that Company in its reasonable discretion believes violates the letter or spirit of any of these Terms. If Company denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.
You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting these data. Access to the System, our Services, the Internet, and to certain online transactions involves the use of identification numbers, passwords, payment accounts or other individualized nonpublic information ("Private Documentation"). You shall use your best efforts to prevent unauthorized use of our Services, the System or of any Private Documentation, and shall promptly report to Company any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. Company shall not be liable for any unauthorized use of payment accounts. Account sharing (e.g. allowing others to use your account information to access the Services) is not permitted.
By using our Services, you affirm that you are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside. You understand that the Internet may contain information which may be offensive, may be illegal in various jurisdictions or may be inappropriate for certain ages and that Company is not responsible for detection and removal of such information. In accordance with the Children's Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from children under 13.
Actual service coverage, speeds, locations and quality may vary. Company will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability 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, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.
YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE, ALL SITE INFORMATION AND THE SERVICES ARE 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, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. COMPANY DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. COMPANY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, COMPANY'S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
UNDER NO CIRCUMSTANCES WILL COMPANY, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS ("COMPANY PARTIES") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.
IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE COMPANY PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, SERVICE, SOFTWARE OR ANY CONTENT THEREIN, THE COMPANY PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID COMPANY FOR YOUR USE OF THE SERVICE; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.
SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE COMPANY PARTIES' LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold the Company Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or relating to any violation of these Terms by you; any content or material you submit or otherwise transmit through our System or Services; or your violation of any rights of another. Proscote reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This Section shall survive termination of these Terms.
20.1. Entire Agreement. These Terms, along with any rules, guidelines, or policies published on the Site constitute the entire agreement between Proscote and you with respect to your use of our Site Services. If there is any conflict between the Terms and any other rules or instructions posted on the Site or Services, the Terms shall control.
20.2. Amendments. No amendment to these Terms by you by shall be effective unless acknowledged in writing by Proscote. Notwithstanding the foregoing, Proscote reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.
20.3. Governing Law and Dispute Resolution. These Terms shall be governed by, and construed in accordance with, the laws of the State of Delaware, without reference to its choice of law rules. Any claim or dispute arising under these Terms or relating to the Services must first be submitted to non-binding mediation before a professional, neutral mediator at JAMS or other mutually agreed upon mediator. No legal action may be commenced, initiated or permitted to proceed unless and until the mediator has issued a written statement indicating the eh dispute is incapable of resolution through negotiation.
20.4. No Class Action. As a material inducement to Company offering the Services, you agree that you waive any right to assert any claim or cause of action against the Company, under any theory, through a class action or as part of an alleged group or class of individuals, petitioners or plaintiffs.
20.5. Severability. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.
20.6. Assignment. You may not assign its rights or obligations under these Terms without the prior written consent of Company.
20.7. Non-Waiver. Company's failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
The Site offers users various product packages, at varying price points, as purchase options. We have three (3) levels of membership product packages: "Basic", "Complete", and "Pro"
Basic Membership Package
Includes vpn service for 1 device billed monthly. Today's charge is $17.96 for 1 month. Thereafter, your monthly recurring order of proscote.com - you will be charged $17.96 Now and every 30 days thereafter until you cancel your subscription. You will receive an electronic notification 5 to 7 days prior to your transaction and receipt after each successful transaction. Upon authorization of your credit card you will receive immediate access with your login and password. proscote will appear on your billing statement.
Complete Membership Package
Includes vpn service for 5 devices billed monthly. Today's charge is $19.89 for 1 month. Thereafter, your monthly recurring order of proscote.com - you will be charged $19.89 Now and every 30 days thereafter until you cancel your subscription. You will receive an electronic notification 5 to 7 days prior to your transaction and receipt after each successful transaction. Upon authorization of your credit card you will receive immediate access with your login and password. proscote will appear on your billing statement.
Pro Membership Package
Includes vpn service for 10 devices billed monthly. Today's charge is $27.96 for 1 month. Thereafter, your monthly recurring order of proscote.com - you will be charged $27.96 Now and every 30 days thereafter until you cancel your subscription. You will receive an electronic notification 5 to 7 days prior to your transaction and receipt after each successful transaction. Upon authorization of your credit card you will receive immediate access with your login and password. proscote will appear on your billing statement.
Upon selecting a product package, you authorize Company or its authorized payment processing agent (as shown on the payment page of the Site) to charge your credit card or other approved payment mechanism for periodic recurring subscription charges according to the then-current billing terms displayed on the Site. Upon authorization of your credit card you will receive immediate access with your login and password. proscote will appear on your billing statement.
AUTOMATIC RECURRING BILLING: Your credit card or other approved payment mechanism will be automatically charged on the monthly anniversaries of your initial subscription purchase so as to auto-renew your membership, unless you notify the Company that you are cancelling prior to the end of the current subscription cycle. You are responsible for subscription fees, and any other charges, incurred on your account up to and until the time of cancellation.