FinchVPN Terms of Service
Last Revised 26th March, 2016
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the web site or Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any services. The Service is available only to individuals who are at least 13 years old.
FinchVPN provides secure VPN solutions for online sales and support (the "Service"). The Service is provided by FinchVPN and/or its affiliates and/or its or their respective successors and assigns (collectively "FinchVPN" or "we") to you (and everyone affiliated with you and/or your company to whom you provide the right to access the Service ("you" or "your"), subject to the terms of these Terms and Conditions of Use and all modifications thereto, and the other rules that may be published from time to time by FinchVPN. ("Terms and Conditions" or "Agreement"). From time to time we may notify you of updates or new versions of the Service. Your usage of the updated or new versions of the Service confirms your acceptance of, and is also subject to, these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, you may not use the Service.
General Conditions and Restrictions
You agree to use the Service solely for your own personal or commercial use as a secure VPN solutions platform. While FinchVPN strives to protect personal information and privacy, we cannot guarantee the security of any information you disclose online. You acknowledge by entering into this Agreement that you are aware of our limitations with respect to security and privacy. You agree to provide true, accurate, current and complete information as required by FinchVPN. You agree not to transfer, assign, sublicense or resell the Service, in whole or in part, unless you are an authorized partner of FinchVPN and only pursuant to a partners' agreement entered into between you and FinchVPN ("Partners' Agreement"), and you further agree not to allow any third party unauthorized access to the Service.
You agree that any use of the Service by you during the period of thirty (30) days after such notice has been posted on the FinchVPN Web Site for the first time, or at any time after the receipt of an e-mail advising you of such change, shall constitute your consent to the new or revised Terms and Conditions. Unless produced by FinchVPN, the information you access or receive by using the Service and information sent to you by visitors to your website ("Visitors"), is provided by the Visitors and is not, controlled, verified or endorsed by FinchVPN in any way. By using the Service you agree to:
- Determine whether the information complies with your needs;
- Determine whether you have adequate legal rights to store, reproduce or otherwise make use of the information in the manner contemplated by you; and
- Comply with all domestic and international laws and any other any legal obligations, including but not limited to, obligations imposed by copyright, trademark, trade secrets, defamation, decency, privacy, security and export laws.
You understand and acknowledge that we have no obligation to monitor any portion of the Service, including without limitation, content posted by you or your Visitors. You acknowledge and agree, however, that we retain the right to monitor the Service and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect the Service. We reserve the right to refuse to transmit or to remove any information or materials, in whole or in part, that, in our sole discretion, we deem unacceptable, undesirable, inappropriate or in violation of any law or these Terms and Conditions. You agree to immediately notify us of any unauthorized use of the Service or any other breach of security known to or suspected by you. FinchVPN assumes no responsibility for the deletion of or failure to store electronic messages, chat communications, or other information submitted by you or your Visitors using FinchVPN, whether submitted as part of the Service or otherwise. If you violate these Terms and Conditions, you may be permanently or temporarily banned from using the Service at FinchVPN's sole discretion. By way of example but not limitation, FinchVPN reserves the right to terminate this Agreement at any time if FinchVPN determines, in its sole discretion, that your site or activities are unsuitable for the Service. "Unsuitable" sites or activities may include, without limitation, those sites that FinchVPN believes:
- Display or promote obscene, indecent, pornographic or sexually explicit activities;
- Promote abusive, threatening, hateful, harmful, harassing, libelous or violent behavior;
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- Promote illegal activities or fail to comply with applicable law;
- Violate the intellectual property rights of third parties; or
Grant of Limited License
Subject to the terms and conditions of this Agreement, FinchVPN grants to you a non-exclusive, non-transferable, limited license to the Service solely for the purpose of accessing and using the Service in accordance with these Terms and Conditions during the term of this Agreement. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. You agree not to do any of the following:
- Copy the source code of the Service or its content
- Translate the Service or its content
- Merge the Service with another program
- Reverse engineer (or make any attempt to discover the source code of the Service), disassemble, decompile, alter, duplicate, or make copies of the the Service, or the FinchVPN Web Site
- Sublicense, rent, or lease any portion of the Service unless you are an authorized partner of FinchVPN and then only pursuant to your Partners' Agreement
- Use the Service for unauthorized commercial purposes (that is, for the purpose of generating revenue from the Service itself) or for any purposes other than those set forth in this Agreement, unless you do so as an authorized partner of FinchVPN pursuant to your Partners' Agreement
- Using our service to harass, threaten, embarrass or cause distress or discomfort to any person, or any other individual or entity
- Impersonate any other person or entity, including without limitation any FinchVPN official, or misrepresent your affiliation with any other person or entity, or
- Send unsolicited bulk e-mail (spam) using our Service.
Intellectual Property Rights and Privacy
You acknowledge and agree that FinchVPN is the sole owner of the Service including without limitation, all applicable U.S. and foreign copyrights, patents, trademarks, and trade secrets, database rights, treaties, and all other intellectual property rights appurtenant thereto. Internet user data collected by FinchVPN in the course of fulfilling its obligations under this Agreement shall be used by FinchVPN in accordance with the then-current FinchVPN privacy statement located at www.finchvpn.com/privacy/. You acknowledge that no title to the intellectual property in the Service transferred to you. You further acknowledge that title and full ownership rights to the Service will remain the exclusive property of FinchVPN and you will not acquire any rights to the Service except as expressly set forth herein. You are not permitted to disseminate any information that is made available to you, as a licensee, by FinchVPN, including without limitation, any usernames and/or passwords.
Disclaimer of Warranties
The service is provided "as is, as available" without warranty of any kind, either express or implied. Without limiting the foregoing, FinchVPN specifically disclaims any and all warranties, including, but not limited to:
- Any warranties concerning the availability, accuracy, security, usefulness, interoperability, or content of the service; and
- Any warranties of merchantability or fitness for a particular purpose. This disclaimer applies to any damages or injury caused by the service, including without limitation as a result of any failure of performance, error, omission, interruption, deletion, defect, delay or error in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record.
It is your sole responsibility to isolate the service and execute anti-contamination service and otherwise take steps to ensure that service or other information obtained from the service, if contaminated or infected, will not damage your information or system. FinchVPN makes no warranty regarding any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from FinchVPN, shall create any warranty not expressly made herein. FinchVPN assumes no responsibility for the deletion or failure to store, deliver or timely deliver any information, chat records or messages.
Limitation of Liability
In no event shall FinchVPN, its officers, directors, employees, advisors, parents, subsidiaries, affiliates, agents, successors or assigns, be liable to any person
- for any indirect, special, punitive, incidental or consequential damages (including, without limitation, damages for loss of business profits, business interruption, loss of programs or information and the like), in any way arising out of the delivery, performance, or use of the service, even if FinchVPN shall have been advised of the possibility of such damages, and regardless of the form of action, whether in contract, tort, or otherwise; or
- For any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the service , or any other software or other content. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, FinchVPN's liability shall be limited to the fullest extent permitted by law.
You agree that in no event will FinchVPN's total liability exceed the total of the monthly fees, if any, paid by you for the service during the 12-month period immediately preceding the alleged claim or alleged cause of action. If the service is provided at no charge to you, FinchVPN shall have no liability whatsoever to you.
Viruses, Hacking and Other Offences
You must not misuse our site and service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking To Our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Any page linking to our site must not contain content which encourages or endorses any use of our site which would constitute a breach of any of our terms of service.
Links From Our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
FinchVPN is designed to keep people safe and secure online. We have a ZERO tolerance policy towards any user who might try to use FinchVPN for illicit purposes. Any action of FinchVPN's clients will be deemed to violate the policy of FinchVPN, if the users, customers, affiliates, or subsidiaries engage in the following listed but not limited to, activities:
Spamming is defined as the sending of unsolicited bulk and/or commercial messages through the Internet. Because of its negative impact, it is harmful on consumer attitudes, and also can overload networks and disrupt services.
Forging of Headers
Forging of headers is defined as the cutting or misrepresenting of message headers that can be both in whole or in part. This action tries to hide the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks
Also known as hacking. This activity includes any accessing - without authorization - computers, accounts, or networks belonging to another party, or attempting to penetrate the security measures of another individual's system. Furthermore, any activity which is done as a precursor to an attempted system penetration, for instance, port scan, stealth scan, or other information gathering activity, will be deemed to be illegal or unauthorized access under this AUP.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities
The distributing of information regarding the creation of and sending of Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks will be deemed a violation of this AUP. Additionally, any activities disrupting the use of or interfering with the ability of others to effectively use the network or any connected network, system service, or equipment will also be deemed in violation.
Personal Information Harvesting
Collecting or using email addresses, screen names or other personal identifiers without the consent of the person identified (including, without limitation, phishing, Internet scamming, password robbery, spidering, and harvesting).
Engaging in child pornography activities of any sort, including but not limited to the creation, distribution or promotion or child pornography.
Facilitating a Violation of this AUP
Any advertisement, transmission, or otherwise any available software, program, product, or service designed to violate this AUP (including the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software) will be deemed to be in violation of this AUP.
or any activities that will cause authority at your door step
By using the Service, you agree to indemnify, defend, and hold FinchVPN harmless for any claims, damages, proceedings, losses, costs and/or expenses (including attorneys' fees and expenses) arising in connection with or related to your breach of any of the provisions, terms or conditions set forth in this Agreement or your use of the Service.
You may terminate this Agreement at any time upon written notice to FinchVPN, but you shall be responsible for payment of all amounts then due to FinchVPN at the time of termination. FinchVPN may, in its sole discretion, terminate the Service or your use of the Service, permanently or temporarily, at any time with or without cause, immediately upon giving written notice to you. Upon termination, you will immediately cease all use of the Service and any documentation provided to you by the Service and return or destroy all copies thereof. Your right and license to use the Service shall immediately cease upon termination. You shall thereafter have no right, and FinchVPN shall have no obligation, to forward any messages or information to you, your Visitors or any other third party. Except as otherwise expressly provided herein, all sections of these Terms and Conditions which by their nature should survive termination will survive termination, including, without limitation, indemnities, warranty disclaimers, and limitations of liability. Termination is not an exclusive remedy and we reserve all other available remedies in contract, law or equity.
All sales are final. All FinchVPN sales are intangible goods that are digitally delivered, we therefore have a strict no refund policy. In line with our commitment to customer satisfaction, we do provide free service for customer to "Try Before You Buy." If there is a problem with any of our services or if you experience difficulty of any sort, simply report to us and we will do our best to fix the problem.
Payment Chargebacks and Billing Disputes
Raising a billing dispute with our payment processors or charging back a payment made to FinchVPN will place the client's account in bad standing. We reserve the right to immediately terminate all services without refund in such instances.
Any threat of legal action against FinchVPN by a client will result in immediate account and service termination without refund.
FinchVPN shall not be liable to you or any other person for any delay or failure in the performance of this Agreement or for loss or damage of any nature whatsoever suffered by such person due to disruption or unavailability of communication facilities, utility or Internet service provider failure, acts of war, acts of terrorism, acts of vandalism, lightning, fire or other acts of God, strike, unavailability of energy sources or any other causes beyond FinchVPN's reasonable control.
Changes To This Agreement
FinchVPN reserves the right, at any time and from time to time, to amend or to modify these Terms of Service without prior notice to you, provided that if any such alterations constitute a material change to these Terms of Service, FinchVPN may notify you by posting an announcement on the Website. Amendments and modifications shall take effect immediately when posted on the Website. By continuing to access or use the Services after any such amendments or modifications, you agree to be bound by such amended or modified Terms of Service. For this reason, we encourage you to review the Terms of Service whenever you use the Services. If you do not agree to any change to these Terms of Services, then you must immediately stop using the Services.
This Agreement, together with any Exhibits hereto, contains the entire agreement of the parties,and supersedes any and all previous agreements with respect to the subject matter hereof, whether oral or written. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. FinchVPN may transfer, assign, sublicense or pledge, in any manner whatsoever, any of its rights and obligations under this Agreement to a subsidiary, affiliate, or successor thereof, or to any third party whatsoever, without notifying you or receiving your consent. Any waiver (express or implied) by FinchVPN of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. No provision of the Agreement may be waived except by a written instrument expressly waiving such provision and signed by a duly authorized officer of FinchVPN. By entering into this Agreement, you acknowledge that you are transacting business with FinchVPN in Malaysia. This Agreement shall be governed in all respects, including validity, interpretation and effect, by the laws of Malaysia and exclusive venue shall be in the criminal courts & Supreme Courts of Malaysia. The headings in this Agreement are for purposes of reference only and shall not limit or otherwise affect the meaning hereof.