TERMS OF USE

These terms of use (hereinafter  – “Terms”) are provided to visitors, customers and users (hereinafter – “Customers” or “You”) of online platform providing access to software products and list of services, using the VPN (Virtual Private Network), VPN Plus Tor, Anonymous Proxy and Proxy Plus Tor (the “Services”), through the website located at https://privatoria.net (the “Website”), owned and administrated by Privatoria s.r.o (hereinafter – the “Company” or “We”). These Terms describe the conditions of using Services and Website by Customers and based on the general custom, Internet ethic, common practice and Company’s policies.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE AND SERVICES ON IT. BY ACCESSING WEBSITE AND/OR CREATING AN ACCOUNT AND/OR USING SERVICES ON IT YOU WILL EXPRESS YOUR UNCONDITIONAL CONSENT WITH THESE TERMS AND AGREE TO ABIDE BY THESE TERMS IN THE LATEST VERSION.

Please note, that You may not access or use the Website and/or the Services if You don’t agree with (or cannot comply with) these Terms.

Electronic communications

When You visit Website or send e-mails to us, You are communicating with us electronically and You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing.

In the same time by sending us electronic communication You agree that We will communicate You by using the same e-mail address as well as store it in our database and treat it in the way we treat your other personal data.

Copyright

All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by international copyright laws as well as copyright laws of any territory s may be applied. The compilation of all content on the Website is the exclusive property of the Company with copyright authorship for this collection by the Company and protected by international copyright laws as well as copyright laws of any territory s may be applied.

Cookies, Personal Data and Refund

Those are regulated by the separate document (Cookies Policy, Privacy Policy, Refund Policy of the Website respectively) publicly located on the Website and You are recommended to get acquainted with them.

Although We take our Customers privacy very serious and We protect their identities, the Service should not be interpreted as a protection shield for illegal/prohibited actions. You are still liable towards third party claims in full.

Keep in mind that the Website operated by the Company and it doesn’t keep your cookies; your browser is doing it. If You wish to be even more secure, please clear your cookies in your browser –see our Privacy Policy to know how.

Content monitoring policy

Any content that You have generated/obtained from other sources in order to publish, store, transmit or share with other web users is referred to as “User Generated Content”. Receiving or transmitting your own User Generated Content through the Website or using Services, You retain full ownership of it, inclusive of all intellectual property rights you already hold under applicable law in User Generated Content. It is subject to the rights, licenses, and Terms of this Website, including any underlying rights of others in any User Generated Content that you may transmit or receive.

License and Website access

Company grants You as well as other Customers a limited end-user license to access and make personal use of the Website but in no case to download (other than page caching) or modify it, or any portion of it, except with the express written consent of the Company or when appropriate downloading is the content that is downloaded within the use of appropriate Service. This license does not include any rights to resale or commercial use of the Website or its contents, including any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Neither this License allows You to use the Website or Services on any device that you do not own or control nor use any account of the third person on the Website.

Please note that, without the express written consent of the Company, you are not entitled to:

  •   reproduce, duplicate, copy, sell, resale, visit or otherwise exploit for any commercial purpose the Website or any portion of it;
  •   copy, decompile reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website or any part thereof;
  •   frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or forms) of the Company and our associates/affiliates;
  •   use any meta tags or any other “hidden text” utilizing the Company name or trademarks;
  •   use any Company’s logos or other proprietary graphics or trademarks including but not limited to using it as part of any link that does not lead to the Website or to its pages.

Prohibited activities on the Website or through the Services use:

  •   IP spoofing and network scanning
  •   Torrenting
  •   Peer-to-peer for torrenting
  •   Spamming
  •   Scanning websites
  •   DDoS attacks and similar network harming activities
  •   Illegal or unauthorized access to other computers or networks
  •   Illegal or unauthorized use of any content or any third party’s right to any object
  •   Distribution of Internet Viruses, worms or other destructive products
  •   Using of spyware, malware etc. software
  •   Unfair/abusive use of our network infrastructure
  •   Crime/Terrorist or other illegal activities (such as communication, email, chat, etc…)

Any attempt to perform any prohibited action or any action that need Company’s written consent without such a consent is a violation of the rights of the Company. It may cause termination of the permission or license granted by the Company to You and means the Website access and Services use will be denied for You with or without prior notification as Company may deem necessary and Company will block account, which violates the rules, without any monetary refund or obligation to give any prior notification. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Website so long as the link does not portray the Website Company, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter.

The Company shall also have the right to require You to refrain from any actions or to stop any activity, which can be construed as unlawful or prohibited by these Terms or applicable legislation in force and You shall follow the requirement

Pricing and terms of payment

All of our subscriptions, orders, and Services use are prepaid.

We do not provide users with a free trial. To get unlimited access to our services the Customer is obligated to pay the Company for the Services to be provided, according to the rates specified by one of the packages that can be selected on the special page of the Website.

The selection of the package to pay for Services is carried out by the Customer at his / her sole discretion of the placed positions by selecting (clicking) on the respective package plan with a subsequent transition to the payment page. There, the Customer can choose the payment method from the available providers. The amount specified for the corresponding package is the amount which should be transferred to the Company bank account. The Customer covers all of the possible costs, commissions (including those of bank and payment services providers), tax burden and withholdings, etc…; which are imposed on the amount of the payment for appropriate service package prior to receipt of the payment by the Company. The Company should receive to its bank account the amount specified by the corresponding service package. Only after the receipt of funds, the Company begins to provide the Services specified by the corresponding package. Cash paid to the Company but not used for the provision of Services are not subject to return to the Customer in additions to the provisions of the Refund Policy of the Website.

The company is not and will not be any Customer’s tax agent in relation to any payment.

The rates are fixed and can be changed by the Company at its own discretion. The rates become active for the Customer from the moment of the next access to his or her personal account on the Website after the change has been made.

Company’s Responsibility

The Company provides continuous work, backup, and protection of the Website from viruses and problems with computer equipment, technical support, and absence of unauthorized access, as far as technically possible. The website is working around the clock and without considerable interruptions provided however that if necessary the access can be closed due to the maintenance services.

The Company makes all reasonable efforts to prevent unauthorized tampering with the Website, but the Company does not guarantee that its efforts will always be successful. Therefore, the Company does not warranty that the Website materials will be error-free and disclaims any liability for such errors. Thereto, the Company does not guarantee access to the Website, if you have the wrong equipment, inadequate access to the Internet or the access to the Website address is denied in your territory irrespective of the reasons therefor.

We have no liability for any content or products, displayed on the Website or available through the application of the Services, their correctness, accuracy, non-infringement, security, copyright compliance, reliability, usefulness, timeliness, adequacy, or otherwise, or any actions You may take or refrain from taking as a result of any use of the Website, its Services or content. Third persons, leaving such content on the Website are solely responsible for the relevant content.

The Website contains links to other websites. We are not responsible for any content or error, omission, copyright infringement or inaccuracy neither of such websites nor for ensuring it complies with any applicable law. We are not responsible for the availability of these websites or their contents, as well as We are not responsible if the linked web-site is not working appropriately.

Company reserves the right to block your use of the Website or Services at any time and for any reason at its sole discretion

Customer’s Responsibility

You are responsible for maintaining the confidentiality of your authorization details/registration data, including but not limited to any passwords or secret codes.  Furthermore, You ensure You do not use the registration data, You are not allowed to. You acknowledge that the Website keeps a lot of confidential information. Therefore, in the case of unauthorized access to other people’s data or content, You accidentally got, You shall report it to the Company immediately and stop the access without any interfering with such data.

You are fully responsible for all the activities that occur under your Account. You agree to immediately notify the Company of any unauthorized use of your password, secret codes or email or any other breach of security.

You may not use the Website and/or the Services in any manner that could damage, disable, overburden, or impair the Website and/or the Services, or the network(s) connected to it, or interfere with any other party’s use of the Website.

You acknowledge and agree that the Company is not liable for any loss or damage which may be incurred by You as a result of any your or their use of the Website and/or the Service.

In a case of any claims against the Company regarding violations of third party’s rights by any your content or the fact of your using (and in no case the way or method of such using) such content, You shall act as the proper defendant and represent the interests of the Company. All costs and damages related to the settlement of these claims, actions and/or conduct of litigations are your responsibility. The Customer is obligated to reimburse the 100% of the costs and losses incurred by the Company, in the circumstances described in this paragraph.

Besides, any Customer is fully responsible for its content and such content’s legality and non-infringement of a third parties’ rights.

Objectionable materials

You understand that by using the Services, you may encounter material that You may deem to be offensive, indecent, or objectionable, and that such content may or may not be identified as having explicit material. Nevertheless, you agree to use the Services at your sole risk and the Company shall have no liability to You for material that may be found to be offensive, indecent, or objectionable.

 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE WEBSITE IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOU USE THE WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR CUSTOMER’S EXPECTATIONS. COMPANY DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR E-MAILS SENT FROM COMPANY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Changes and amendments

The Company reserves the right to modify these Terms and to impose new or additional terms or conditions on your use of the Services at any time. Such modifications and additional terms and conditions will be effective immediately and incorporated into these Terms. The Company may, but is not obliged to require You to provide your express consent to a new or upgraded version of the Terms.

Any updated version of the Terms, posted on the Website shall be legally binding for You at the moment of your use of the Website. You agree that updating the Terms on the Website without separate notice to You is sufficient and therefore the Company is not obliged to notify You directly of any changes to the Terms.

Please check the Terms periodically for changes. Your continued use of the Website and/or the Services, following the posting of any changes to these Terms, constitutes acceptance thereof.

The abovementioned, in this section, provisions are applied in equal measure all other legal documents related to the use of the Website by Customers (Privacy Policy, Cookies Policy, Refund Policy etc. that may be inserted into the Website).

Applicable law

By visiting the Website You agree that the laws of the Czech Republic, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between You and the Company or its associates.

The Services are operated by Company from its offices in the Czech Republic. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services and Website. All transactions on the Website are governed by the Czech legislation, without giving effect to its conflict of law provisions. Your use of the Services and Website may also be subject to other laws.

Miscellaneous

If any part of these Terms 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.

Company’s failure to enforce any right or provisions in these Terms will not constitute a waiver of such or any other provision.

The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.

The Company may notify you with respect to the Services by sending an email message to your Account email address. Notices shall become effective immediately.

 

Changes to the Terms of use

From time to time, it may be necessary for us to change this cookie policy. This Terms of use was last modified on May 8, 2017.

Contacting us

If You have any questions or comments about this Terms of use please contact us: support @ privatoria.net.