1. Acceptable Use Policy
- 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.
- 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.
- 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.
- 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.
- 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.
4. EXPORT CONTROLS
HotSpotVPN uses strong encryption and may be subject to local and international law.
a. To use this service you can not be on any of the following U.S. denied persons lists:
Table of Denial Orders (U.S. Department of Commerce)
Specially Designated Nationals List (U.S. Department of Treasury, Office of Foreign Assets Controls (OFAC))
Debarred List (U.S. Department of State)
b. You agree to abide by all export, import, use, and development and/or re-export laws in the country in which you reside. You understand and agree that WiFiConsulting, Inc. is not responsible for your failure to abide by any such law.
c. You agree to contact WiFiConsulting, Inc., if you know or have reason to believe that another party has or intends to violate U.S. or local country export, import, use, and development and/or re-export laws.
d. You will not knowingly transfer (physically or electronically) strong encryption to denied persons, sanctioned entities, territories, or users without ensuring that you are in compliance with U.S and local laws and regulations.
e. You will not knowingly transfer (physically or electronically) strong encryption to, or for government organizations/enterprises other than those of, or in: Austria, Australia, Belgium, Canada, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Spain, Sweden, Switzerland, United Kingdom, United States without ensuring that you are in compliance with U.S and local laws and regulations.
By using this service you hereby certify that you understand and agree to abide by the conditions set forth above regarding the usage of HotSpotVPN.com services.