ORB_VPN

Terms and conditions

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: 
  1. for any unlawful purpose; 
  2. to solicit others to perform or participate in any unlawful acts; 
  3. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; 
  4. to infringe upon or violate our intellectual property rights or the intellectual property rights of others; 
  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; 
  6. to submit false or misleading information; 
  7. use OrbVPN to mask your identity for illegal or malicious purposes;
  8. 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; 
  9. to spam, phish, pharm, pretext, spider, crawl, or scrape; 
  10. for any obscene or immoral purpose; 
  11. exploit or attempt to exploit our refund policy;
  12. to interfere with or circumvent the security features of the Apps and Services, third party products and services, or the Internet; 
  13. use any 3rd party software to interfere with or attempt to interfere with the Services;
  14. 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