Terms and conditions
These terms and conditions ("Agreement") sets forth the
general terms and conditions of your use of the "Orb Vpn"
website (“Website”) and applications ("Apps" or
“Application”) and any of its related products and services
(collectively, "Services"). This Agreement is legally
binding between you ("User", "you" or
"your") and ORB VPN ("OrbVPN", "we",
"us" or "our"). By accessing and using the
Website, Apps and Services, you acknowledge that you have read,
understood, and agree to be bound by the terms of this Agreement. If
you are entering into this Agreement on behalf of a business or other
legal entity, you represent that you have the authority to bind such
entity to this Agreement, in which case the terms "User",
"you" or "your" shall refer to such entity. If you
do not have such authority, or if you do not agree with the terms of
this Agreement, you must not accept this Agreement and may not access
and use the Website, Apps and Services. You acknowledge that this
Agreement is a contract between you and the OrbVPN, even though it is
electronic and is not physically signed by you, and it governs your
use of the Website, Apps and Services.
Accounts and membership
You must be at least 13 years of age to use the Apps and Services. By
using the Apps and Services and by agreeing to this Agreement you
warrant and represent that you are at least 13 years of age. If you
create an account in the Application, you are responsible for
maintaining the security of your account and you are fully responsible
for all activities that occur under the account and any other actions
taken in connection with it. We may, but have no obligation to,
monitor and review new accounts before you may sign in and start using
the Services. Providing false contact information of any kind may
result in the termination of your account. You must immediately notify
us of any unauthorized uses of your account or any other breaches of
security. We will not be liable for any acts or omissions by you,
including any damages of any kind incurred as a result of such acts or
omissions. We may suspend, disable, or delete your account (or any
part thereof) if we determine that you have violated any provision of
this Agreement or that your conduct or content would tend to damage
our reputation and goodwill. If we delete your account for the
foregoing reasons, you may not re-register for our Services. We may
block your email address and Internet protocol address to prevent
further registration.
Links to other resources
Although the Apps and Services may link to other resources (such as
websites, mobile applications, etc.), we are not, directly or
indirectly, implying any approval, association, sponsorship,
endorsement, or affiliation with any linked resource, unless
specifically stated herein. We are not responsible for examining or
evaluating, and we do not warrant the offerings of, any businesses or
individuals or the content of their resources. We do not assume any
responsibility or liability for the actions, products, services, and
content of any other third parties. You should carefully review the
legal statements and other conditions of use of any resource which you
access through a link in the Apps and Services. Your linking to any
other off-site resources is at your own risk.
Prohibited uses
In addition to other terms as set forth in the Agreement, you are
prohibited from using the Apps and Services or its content:
- for any unlawful purpose;
-
to solicit others to perform or participate in any unlawful acts;
-
to violate any international, federal, provincial or state
regulations, rules, laws, or local ordinances;
-
to infringe upon or violate our intellectual property rights or
the intellectual property rights of others;
-
to harass, abuse, insult, harm, defame, slander, disparage,
intimidate, or discriminate based on gender, sexual orientation,
religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
-
use OrbVPN to mask your identity for illegal or malicious
purposes;
-
to upload or transmit viruses or any other type of malicious code
that will or may be used in any way that will affect the
functionality or operation of the Apps and Services, third party
products and services, or the Internet;
- to spam, phish, pharm, pretext, spider, crawl, or scrape;
- for any obscene or immoral purpose;
- exploit or attempt to exploit our refund policy;
-
to interfere with or circumvent the security features of the Apps
and Services, third party products and services, or the Internet;
-
use any 3rd party software to interfere with or attempt to
interfere with the Services;
- Otherwise infringe or circumvent these Terms.
We reserve the right to terminate your use of the Apps and Services
for violating any of the prohibited uses.
Intellectual property rights
"Intellectual Property Rights" means all present and future
rights conferred by statute, common law or equity in or in relation to
any copyright and related rights, trademarks, designs, patents,
inventions, goodwill and the right to sue for passing off, rights to
inventions, rights to use, and all other intellectual property rights,
in each case whether registered or unregistered and including all
applications and rights to apply for and be granted, rights to claim
priority from, such rights and all similar or equivalent rights or
forms of protection and any other results of intellectual activity
which subsist or will subsist now or in the future in any part of the
world. This Agreement does not transfer to you any intellectual
property owned by us or third parties, and all rights, titles, and
interests in and to such property will remain (as between the parties)
solely with us. All trademarks, service marks, graphics and logos used
in connection with the Apps and Services, are trademarks or registered
trademarks of the OrbVPN or its licensors. Other trademarks, service
marks, graphics and logos used in connection with the Apps and
Services may be the trademarks of other third parties. Your use of the
Apps and Services grants you no right or license to reproduce or
otherwise use any of our or third-party trademarks.
Indemnification
You agree to indemnify and hold us and our affiliates, directors,
officers, employees, agents, suppliers and licensors harmless from and
against any liabilities, losses, damages or costs, including
reasonable attorneys' fees, incurred in connection with or arising
from any third party allegations, claims, actions, disputes, or
demands asserted against any of them as a result of or relating to
your information, your use of the Apps and Services or any willful
misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be
exercised and shall be applicable and binding only to the extent that
they do not violate any applicable laws and are intended to be limited
to the extent necessary so that they will not render this Agreement
illegal, invalid or unenforceable. If any provision or portion of any
provision of this Agreement shall be held to be illegal, invalid or
unenforceable by a court of competent jurisdiction, it is the
intention of the parties that the remaining provisions or portions
thereof shall constitute their agreement with respect to the subject
matter hereof, and all such remaining provisions or portions thereof
shall remain in full force and effect.
Dispute resolution
The formation, interpretation, and performance of this Agreement and
any disputes arising out of it shall be governed by the substantive
and procedural laws of Nevada, without regard to its rules on
conflicts or choice of law and, to the extent applicable, the laws of
United States. The exclusive jurisdiction and venue for actions
related to the subject matter hereof shall be the courts located in
Nevada, and you hereby submit to the personal jurisdiction of such
courts. You hereby waive any right to a jury trial in any proceeding
arising out of or related to this Agreement. The United Nations
Convention on Contracts for the International Sale of Goods does not
apply to this Agreement.
Changes and amendments
We reserve the right to modify this Agreement or its terms relating to
the Apps and Services at any time, effective upon posting of an
updated version of this Agreement in the Apps. When we do, we will
send you an email to notify you. You understand that it is your
responsibility to review any such modifications. If you continue to
use OrbVPN Apps and Services after the modifications take effect, you
understand and agree to the revised Terms.
Payment and refund policy
You can subscribe to OrbVPN Apps and Services on a service period
basis. After signing up for OrbVPN Apps and Services you may choose a
payment method. OrbVPN may, with prior notice, change the fees it
charges you for accessing the Apps and Services at any time. All
prices are quoted for an unmetered number of devices. You agree that
all fees charged by OrbVPN for accessing the Apps and Services will be
automatically charged to your payment account on file with OrbVPN, at
the time of any automatic renewal of your subscription for Apps and
Services. Your satisfaction with our Apps and Services is our main
goal. If you choose not to use our paid Apps and Services anymore, we
guarantee you a right to claim a refund within 30 days following your
subscription of our Apps and Services. However, we would like to solve
your issue before you decide to cancel the subscription, therefore you
are always welcome to reach out to us at
info@OrbVPN.com
You have a right to cancel your account at any time, however,
cancelled accounts will not be refunded for the unused part of the
ongoing service period. No refunds will be considered for accounts
terminated for violation of these Terms.
Disclaimers and Limitations on Liability.
OrbVPN provides its website and services to you on an “as is” and “as
available” basis. OrbVPN cannot guarantee that the Apps and Services
or its content is error free and makes no representations about the
technical accuracy or functionality of the Apps and Services or that
the content is accurate, error free or up to date. Actual service
coverage, speeds, locations and quality may vary. OrbVPN makes no
representations – your use of the Apps and Services is your sole
responsibility. OrbVPN and its affiliates, shall not be liable and
shall not have responsibility of any kind to any Subscriber or other
individual for any loss or damage, regardless of the type of claim or
the nature of the cause of action, even if advised of the possibility
of such damages, that you incur in the event of:
- any failure or interruption of the Apps and Services;
-
any act or omission of any third party involved in making the Apps
and Service or the data contained therein available to you;
-
your access to or inability to access the Website or our Services,
including for viruses alleged to have been obtained from the
services;
- your interactions on the Apps and Service;
-
any direct, indirect, special, consequential or punitive damages
allegedly sustained arising out of your use of the Apps and
Services;
- the sale or purchase of any goods or merchandise;
- your failure to comply with this Agreement;
-
the cost of procurement of substitute goods or services; or
unauthorized access to or alteration of your transmissions or
data, whether or not the circumstances giving rise to such cause
may have been within the control of OrbVPN or of any vendor
providing software, services, or support for the Apps and Service.
You hereby agree to release service provider, its affiliates and
third-party service providers, and each of their respective directors,
officers, employees, and agents from claims, demands and damages
(actual and consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and undisclosed
(“claims”), arising out of or in any way connected with your use of
this Apps or our Services.
Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its
terms and conditions. By accessing and using the Apps and Services you
agree to be bound by this Agreement. If you do not agree to abide by
the terms of this Agreement, you are not authorized to access or use
the Apps and Services.
Contacting us
If you would like to contact us to understand more about this
Agreement or wish to contact us concerning any matter relating to it,
you may send an email to
info@orbvpn.com