Terms of Service

These Terms of Service (“Terms”) govern your use of the https://cn2.earthvpn.com website(the “Site”) and the EarthVPN and related service (the “Services”), which are owned and operated by EarthVPN (“EarthVPN,” “we” or “us”). Our Privacy Policy is incorporated by reference into these Terms, and is subject to the provisions of these Terms. Please read these Terms carefully before you access the Site or Services, as these Terms form a binding legal agreement between you and EarthVPN.

By accessing the Site or registering for or using the Services, you agree to these Terms in their entirety.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR SERVICES. YOUR USE OF OUR SITE AND SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES THE EARTHVPN PRIVACY POLICY, WHICH CAN BE FOUND AT WWW.EARTHVPN.COM/PRIVACY-POLICY

Changes to the Terms

We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of this policy. Such modification shall be effective immediately upon posting at the Site. As your next visit to a Site or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record, when you log-in to your account, or when you log-in to the Services.

Your use or continued use of the Site or Services following the posting and/or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies

VPN Service

You understand that we are providing you with a virtual private network (“VPN”) service, which includes, but is not limited to, the use of servers, transport, routers, IP addresses and other equipment and protocols to transmit information over our network (the “System”). You agree to abide by these Terms with respect to your use of the Service.

Authorized User; Your Responsibility.

You may not access or use the Site or Services if you are unable to form a binding, legal agreement with EarthVPN. You affirm that you are over the age of 18 or otherwise over the age of majority in the jurisdiction in which you reside. You assume all responsibility for your use of, or access to, the Site or Services.

Accounts are for single user use only. Any multiple-party use is prohibited. For example, the following uses are prohibited under this section:

Sharing a login between people.
Simultaneous logins from multiple IP addresses with the exception that we do allow an individual up to three active connections behind same IP address per account, mostly, to allow for mobile device use, but the connections are prohibited to be used by anyone but the account holder.

Personal Information

4.1. Accuracy. By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us if your information changes.

4.2. Privacy. You may browse the Site without providing us with any personal information; however, to use our Services, you must register with us and submit certain personally identifiable information. You expressly agree that we may use your information in accordance with the terms of the EarthVPN Privacy Policy, which you can find and read at https://cn2.earthvpn.com/privacy-policy

Personal Use; Limited License

EarthVPN grants you a personal, limited, non-transferable, non-exclusive license to use EarthVPN Site content and the Services, solely for your personal, private and non-commercial use in connection with the EarthVPN Services accessed by you. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services or our System to host content for others. You may not copy or download any content from the EarthVPN Services except with the prior written approval of EarthVPN.

Furthermore, without the prior written approval of EarthVPN, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Site content or Services. Any commercial use is expressly prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Site. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the EarthVPN Services you are using.

Making unauthorized copies or distribution of Site content may result in the termination of your EarthVPN account, prohibition on use of EarthVPN Services, and further legal action.

Software

The Services may require or allow you to download software, software updates or patches, or other utilities and tools onto your computer, entertainment system or device (“Software”). EarthVPN grants to you a non-exclusive, limited license to use EarthVPN Software solely for the purpose stated by EarthVPN at the time the EarthVPN Software is made available to you and in accordance with these Terms. Your use of the EarthVPN Software may be subject to the terms of an end-user license agreement. You may not sub-license, or charge others to use or access EarthVPN Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from EarthVPN Software. You may not modify EarthVPN Software or use it in any way not expressly authorized in writing by EarthVPN. You understand that EarthVPN’s introduction of various technologies may not be consistent across all platforms and that the performance of EarthVPN Software and related EarthVPN Services may vary depending on your computer and other equipment. From time to time, EarthVPN may provide you with updates or modifications to EarthVPN Software. You understand that certain updates and modifications may be required in order to continue use the EarthVPN Software and EarthVPN Services.

SPAM

EarthVPN enforces a zero-tolerance SPAM policy regarding information transmitted through our network. EarthVPN may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:

Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to EarthVPN or any URL (domain) that is hosted by EarthVPN.
The use of web pages set up on ISPs that allow SPAM-ing (also known as “ghost sites”) that directly or indirectly reference customers to domains or IP addresses hosted by EarthVPN.
Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
If EarthVPN determines that you have posted one or more articles of spam, we may cancel your account immediately and take steps to prevent you from using our network at any time thereafter.

Fees; Payment Terms

EarthVPN may, with prior notice, change the fees it charges you for accessing the Services at any time. All prices are quoted for one user on one device. You agree that all fees charged by EarthVPN for accessing the Services will be automatically charged to your payment account on file with EarthVPN, at the time of any automatic renewal of your subscription for Services. To view our current subscriptions, payment terms and fees, go to EarthVPN Client Area.

Use of Services

EarthVPN is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services or on our System. By using our Services, you expressly waive the right to seek damages and agree to hold EarthVPN harmless for any such loss, alteration, corruption or removal.

EarthVPN may also at any time modify or discontinue, temporarily or permanently, all or any part of the Services or your account, with or without notice, and you agree that EarthVPN will not be liable to you or any third party for any such modification, suspension or discontinuance.

Third-Party Content

We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. We are not a publisher of third-party content accessed through the Services and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.

Acceptable Use Policy

You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services, or our Software or System, to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:

Sending or transmitting any SPAM over the Services, whether via e-mail, Usenet, or any other communication channel;

Sending or transmitting any SPAM messages, comments etc to message boards, blogs etc for SEO/Backlink etc purposes;

Acts that may materially affect the quality of other users’ experience, including, without limitation, “spikes” in bandwidth usage or using any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;

Actual or attempted unauthorized use or attack/sabotage of any computers, machines or networks;

Terrorist activities, wire fraud, money laundering, false advertising, propagating or profiting from frauds and unfair schemes;

Invasion of other’s privacy, forgery, identity theft, misdirection or interference with electronic communications;

Introducing malicious programs into EarthVPN’s network or servers (e.g. viruses, worms, Trojan horses, etc.);

Engaging in any monitoring or interception of data not intended for you without authorization;

Attempting to circumvent authentication or security of any host, network, or account (“cracking”) without authorization;

Using any method, software or program designed to collect identity information, authentication credentials, or other information from the legitimate users of another entity’s website or service;

Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights;

Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patent, trademark or copyrights;

Transmitting or receiving, uploading, using or reusing material that includes sexual or explicit depictions of minors(child pornography) in any form;

Transmitting or receiving, uploading, using or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate these Terms;

Falsifying header information or user identification information;

Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or
Impersonating any person or entity, including, but not limited to, an EarthVPN representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

Unlimited bandwidth is subject to limitation of 1gbps port’s maximum download plus upload rate of 632 terabytes.

Copyright Protected Materials

EarthVPN respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate in appropriate circumstances the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the System that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Additionally, you shall not upload, download, post, publish, reproduce, transmit or distribute in any way any component of the System itself or derivative works with respect thereto.

P2P/TORRENT File Sharing Activities and DMCA Notices

You agree that you will not do any kind of copyright protected file sharing activities on EarthVPN servers except P2P/Torrent enabled servers.EarthVPN complies with DMCA notices and in this regard forbids its clients from such activities in those territories where it’s illegal namely in the respecting countries.

Right to Restrict or Terminate Access

These Terms shall be automatically renewed for successive one-month periods, until canceled by you or by EarthVPN. EarthVPN may deny or restrict your access to all or part of the System without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that EarthVPN in its reasonable discretion believes violates the letter or spirit of any of these Terms. If EarthVPN denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.

Security

You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting these data. Access to the System, our Services, the Internet, and to certain online transactions involves the use of identification numbers, passwords, payment accounts or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, the System or of any Private Documentation, and shall promptly report to EarthVPN any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. EarthVPN shall not be liable for any unauthorized use of payment accounts. Account sharing (e.g. allowing others to use your account information to access the Services) is not permitted.

Children and Minors

By using our Services, you affirm that you are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside. You understand that the Internet may contain information which may be offensive, may be illegal in various jurisdictions or may be inappropriate for certain ages and that EarthVPN is not responsible for detection and removal of such information. In accordance with the Children’s Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from children under 13.

DISCLAIMER OF WARRANTY

Actual service coverage, speeds, locations and quality may vary. EarthVPN will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.

YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE, ALL SITE INFORMATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. EARTHVPN DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. EARTHVPN DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, EARTHVPN’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL EARTHVPN, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“EARTHVPN PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.

IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE EARTHVPN PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, SERVICE, SOFTWARE OR ANY CONTENT THEREIN, THE EARTHVPN PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID EARTHVPN FOR YOUR USE OF THE SERVICE; AND (B) THE SUM OF 39.99 US DOLLARS.

SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE EARTHVPN PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

Indemnity

You agree to defend, indemnify and hold the EarthVPN Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to any violation of these Terms by you; any content or material you submit or otherwise transmit through our System or Services; or your violation of any rights of another. EarthVPN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you. This Section shall survive termination of these Terms.

General Terms

Entire Agreement. These Terms, along with any rules, guidelines, or policies published on the EarthVPN homepage constitute the entire agreement between EarthVPN and you with respect to your use of our Site Services. If there is any conflict between the Terms and any other rules or instructions posted on the Site or Services, the Terms shall control.

Amendments. No amendment to these Terms by you by shall be effective unless acknowledged in writing by EarthVPN. Notwithstanding the foregoing, EarthVPN reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.

Jurisdiction and Venue. These Terms shall be governed by, and construed in accordance with, the laws of Northern Cyprus without reference to its choice of law rules. Venue for any action arising out of or in connection with this agreement shall be in Northern Cyprus. The parties each hereby consent to the jurisdiction and venue in Northern Cyprus and waive any objections to such jurisdiction and venue.

Limited Time to Bring Claim. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site or Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.

Severability. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.

Assignment. You may not assign its rights or obligations under these Terms without the prior written consent of EarthVPN, which may be withheld in EarthVPN’s sole discretion.

Non-Waiver. EarthVPN’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

REFUND POLICY

Our support team will be happy to help you with any technical difficulties. Email us open a support ticket for any technical support requests.But if you are not satisfied with our services, you are entitled to a full refund if all of the following apply: (If one of the following does not apply refund request will be denied.)

- You notify us via email or ticket within the first seven days of the purchase that you wish to cancel.

- You have not previously claimed a refund from us.