By using the PrivateTo (“Service”) and their associated website domains (the “Site”), you are agreeing to be bound by the following terms and conditions (“Terms”).
PrivateTo.com (“Company”) reserves the right to update and change these Terms of Service without notice.
Violation of any of the terms below may result in the termination of your account.
- You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- Activation of your account constitutes your agreement to be bound by the Terms and a representation that you are at least eighteen (18) years of age, and that the registration information you have provided is accurate and complete.
- You are responsible for all actions and activity that occurs under your account (even when the actions and activity utilized by others who have their own logins under your account).
- You are responsible for maintaining the account confidentiality of your security credentials, activation codes, and/or passwords (if any) and are liable for any harm resulting from disclosing or allowing disclosure of these credentials.
- You may not use the Service under your account for any illegal purpose.
- The Company may suggest that you acquire and use certain third party software onto your computer or Internet-enabled device ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the Terms set forth by such owners or licensees before installing Third Party Software, whether the Company helps you in the acquisition, installation, and/or use of Third Party Software. The Company has no right to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. Each service plan is a single-user account. If you need account access for multiple users access, you are required to purchase a new service plan for each additional user. A single-user account can be used on multiple computers, mobile devices, consoles, and routers. However, the cocurrent connections are restrictedly based on the service plan you have elected. Simultaneous logins from a single-user account by more than one individual user are prohibited.
Payment, Refunds, Renewal and Overusage Terms
- The Service is offered with a variety of subscription service plans listed on the pricing page. If you fail to pay for the subscribed plan in time, your account will be frozen and inaccessible until payment is made.
- You understand that the Company subscription will renew at end of your subscription cycle unless explicitly stated otherwise. Your credit card or PayPal account will be charged with the amount of the then prevailing subscription charges as per the payment option that you selected at the time of registering with the Company.
- If you need to change the subscribed plan, please contact us via live chat to change to the elected plan. There are no partial refunds to your previous and current billing term.
- Changing your Service may cause the loss of features or capacity of your account. The Company does not accept any liability for such loss.
- You may cancel your account with a full refund within 7 days of the initial purchase. To request a refund, please contact the live chat agent.
- If you exceed the number of bandwith allowed for the month, a fee of $1 USD per GB over the limit will be charged to your account at the end of your billing period.
Cancellation and Termination
- You are solely responsible for properly canceling your account. An email, live chat or phone request to cancel your account is not considered cancellation. If you pay the Service via PayPal, you can cancel your account at any time in your PayPal account. Follow the official instructions to cancel the Service in your PayPal account. If you pay the Service via SafeCart, please contact our support online and follow the instructions we provide.
- If you cancel the Service before the end of your current paid up month or year, your cancellation will take effect immediately and you will not be charged again.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. But there will not be any prorating of unused time in the last billing cycle.
- Your account may be suspended or terminated if engaging in the following activities:
- Sending or transmitting unsolicited advertisement or content ("spam") over the Service, via e-mail or any other communication channel.
- Sending, transmitting or receiving any illegal content over the Service, including but not limited to child pornography, whether via e-mail, peer-to-peer file sharing, or any other electronic communication channel.
- Uploading, downloading, posting, reproducing, or distribution of any content protected by copyright, or any other proprietary right, without first having obtained permission of the owner of the proprietary content.
- Engaging in any conduct that restricts or inhibits any other subscriber from using or enjoying the Service.
- Attempting to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”).
- Posting to or transmitting through the Service any unlawful, harmful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that may constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, national or international law.
- Using the Service for anything other than lawful purposes.
Any of the activities above may result in termination of your account, without any refund of amount previously paid for the Service. Additionally, you may be held responsible for any and all damages incurred by the Company, including any amount charged by any entity due to said violation(s), including without limitation attorney’s fees and charges.
- The Company, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your account. The Company reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any part of the Service with or without notice.
- Prices of all Services are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the PrivateTo.com site.
- The Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by the Company.
- We may, but have no obligation to, suspend or terminate the account that we determine in our sole discretion are unlawful or violates any party’s intellectual property or these Terms.
- We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other Service customers. Of course, we’ll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
- The Company does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- You expressly understand and agree that the Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The Company's service coverage, speeds, server locations and quality may vary. The Company will attempt to make the Service available at all times. However, the Service may be subject to unavailability for a variety of factors beyond our control including but not limited to emergencies, third party service failures, transmission, equipment or network problems or limitations, interference or signal strength, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the service or communications services or networks. We may impose usage or service limits, suspend service, or block certain kinds of usage in our sole discretion to protect users or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. The Company does not as a matter of ordinary practice actively monitor user sessions for inappropriate behavior, nor do we maintain direct logs of customers' Internet activities. However, the Company reserves the right to investigate matters we consider to be violations of these Terms. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms, and any other activities that may subject the Company or its customers to liability. The Company disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your computing device.
- The failure of the Company to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and the Company and govern your use of the Service, superceding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms of Service).
- You agree to indemnify, defend, and hold the Company, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from your violation of these Terms of Service, misuse or abuse of a Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You will cooperate as fully as reasonably required in OnlineFix.Tech's defense of any claim. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company. You agree immediately to notify the Company of any unauthorized use of your account or any other breach of security known to you.
- Limited service warranty: except for the limited warranty provided herein and to the maximum extent permitted by applicable law, or as expressly set out in these terms:
- (a) the Company makes no warranties in relation to the Company's anonymous service, software/tools, and the provision of or failure to provide support services; also, there is no warranty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement with regard to the Company's Client;
- (b) you will not under any circumstances have any cause of action against, or right to claim or recover from, the Company for or in respect of any loss, damage or injury (including without limitation any loss of profit, indirect or consequential loss, damage or injury) arising from the supply or use of the Company's anonymous service, software/tools and support services or any breach of these Terms.
- (c) subject to paragraph (b) above, the maximum liability of the Company to you in respect of any breach of the Terms or otherwise in respect of your use of the Company's anonymous service, software/tools and support services will be the amount you have paid the Company for the subscription service and if you have not paid the Company any amount for the subscription service, there will be no warranties or any kind from the Company.
THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL THE COMPANY AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.
- Notwithstanding anything to the contrary in no event shall the Company be liable to you in excess of the amount actually paid by you to the Company listed on the service plan page that is the subject of the dispute.
Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any such changes shall constitute your consent to such changes.
- The privacy of your data — and it is your data! And it is totally respected by the Company. We do not collect or log traffic data or browsing activity from individual users using our anonymous service.
- When you sign up for the Company on the Site, we ask for your name, email address as well as billing status after the signup completion. We do not store your real name & payment information. That’s just so you can personalize your new account, and we can send you invoices, updates, or other essential information. We’ll never sell your personal info to third parties, period. In addition, we may have to record the total amount of bandwidth you have used and the cocurrent connections from your account. We store this necessary information in a very secure system.
- When you write the Company with a question or to ask for help via phone/live chat, we’ll keep that correspondence, and the email address, for future reference. When you browse our marketing pages, we’ll track that for statistical purposes (like conversion rates and to test new designs). We also store any information you volunteer, like surveys, for as long as it makes sense.