HotSpotVPN

Terms of Use of the HotSpotVPN Service

1. Acceptable Use Policy

1. Illegal Use. A customer may only use HotSpotVPN services for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws of the United States Government.
2. System and Network Security. Violations of system or network security are prohibited, and may result in criminal and civil liability.  WiFiConsulting, Inc. will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following: (1) unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; (2) unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network; (3) interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; or (4) forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
3. E-Mail. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. Customer shall not use another site's mail server to relay mail without the express permission of the site. Posting the same or similar message to one or more newsgroups (excessive cross-posting, also known as "SPAM") is explicitly prohibited.
4. Consequences of Violation. INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A COMPANY CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER. Violation of this Contract by a Customer may result in temporary suspension or permanent termination of service, at WiFiConsulting, Inc. 's sole discretion. WiFiConsulting, Inc.  does not issue service credits for any outages incurred through service disablement resulting from Acceptable Use Policy violations.
5. Modification. WiFiConsulting, Inc.  reserves the right to add, delete, or modify any provision of this Acceptable Use Policy at any time without notice.

2. DISCLAIMER OF WARRANTY

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE HOTSPOTVPN SERVICES ARE PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT.  TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WIFICONSULTING, INCORPORATED AND THE AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SERVER UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE BY WIFICONSULTING, INC. . WIFICONSULTING, INC.  DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVER OR THE SUPPORT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVER OR SUPPORT SERVICES WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY, OR THAT THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

3. LIMITATION OF LIABILITY

USE OF THE HOTSPOTVPN SERVICES IS AT CUSTOMER'S OWN RISK. CUSTOMER ASSUMES FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM ITS DOWNLOADING AND/OR USE OF FILES, INFORMATION, COMMUNICATIONS, CONTENT, OR OTHER MATERIAL

(INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE HotSpotVPN service. UNDER NO CIRCUMSTANCES SHALL WIFICONSULTING, INC.  OR THE AFFILIATES, OR ANY PROVIDER OF TELECOMMUNICATIONS OR NETWORK SERVICES FOR WIFICONSULTING, INC.  OR THE AFFILIATES, BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE HOTSPOTVPN SERVICES OR SUPPORT SERVICES, EVEN IF WIFICONSULTING, INC. , THE AFFILIATES, OR THEIR PROVIDERS OF TELECOMMUNICATIONS OR NETWORK SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF WIFICONSULTING, INC.  AND THE AFFILIATES HEREUNDER IS LIMITED TO

THE AMOUNT, IF ANY, ACTUALLY PAID BY CUSTOMER FOR ACCESS AND USE OF THE HOTSPOTVPN SERVICES AND SUPPORT SERVICES. CUSTOMER HEREBY RELEASES WIFICONSULTING, INC.  AND THE AFFILIATES FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.