IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR SERVICES. YOUR USE OF OUR SITE AND SERVICES CONFIRMS YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED HEREIN BY REFERENCE.
When you visit the Site or send e-mails to us, you are communicating with us electronically. 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.
ACCESSING OUR SITE AND SERVICES
Access to our Site and Services is permitted on a temporary basis. We reserve the right to change, modify or amend the Site and Services we provide without notice. We will not be liable if for any reason our Site and Services are unavailable at any time or for any period.
If, as part of our security procedures, you create or are provided with a password or other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party. We retain the right to disable any password at any time, if in our opinion you fail to comply with any of the provisions of these Terms.
You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site and Services through your internet connection are aware of these terms, and that they comply with them.
Intellectual Property Rights
Pursuant to copyright laws and treaties, we own, or are a licensee of, all intellectual property rights in our Site and Services including but not limited to content, marks, source code, object code and other materials incorporated in the Site and used to deliver Services. All intellectual property rights are reserved.
We grant you a personal, limited, non-transferable, non-exclusive right to use our Site and the Services, solely for your personal, private and non-commercial use in connection with the Services accessed by you. This license is personal to you, and you may not resell our Services, permit others access to our Services through your account, or use the Services or our System to host content for others. Any commercial use is expressly prohibited.
Reliance on Information
We make every effort to provide interesting, helpful and accurate information to users and visitors to our Site. Notwithstanding the foregoing, these materials and commentary are not intended to be construed as advice on which reliance should be placed. Materials and comments are provided for convenience only. We therefore disclaim all liability and responsibility arising from any reliance placed on these materials.
Malware, Viruses, Trojans, Hacking and other Offences
You must not misuse our Site or Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site and Services. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. In the event of any breach of this provision, your right to use our Site will cease immediately and we will report the criminal behavior to relevant law enforcement authorities.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or Services or as a result of your downloading of any material posted on it, or on any website linked to it.
Controversial and Explicit Material
Through the use of the Services, you will have access to and you will at some time or another become exposed to materials that you may find offensive. Such materials may include but are not limited to sexually explicit text and images, religious debate, questionable political views, hateful speech and racist and prejudicial materials. We expressly disclaim liability for any harm resulting from encountering such material. We are not responsible for the contents of any of your communications through the Site and Services.
Links to our Site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Any page linking to our site must not contain content which encourages or endorses any use of our site which would constitute a breach of any of our Terms.
Links from our Site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The Company, at its sole discretion, shall determine what comprises reasonable and unreasonable use of the Site and Services. Users who put unreasonable demands upon the Site and Services may be curtailed in order to ensure the best possible service for all users. If a user appears to be unable to maintain a reasonable use of the service, we may cancel, suspend or decline to renew Services for that user without notice.
Some of our Services requires that you register at the Site and subscribe (purchase) a service plan.
All Services are provided on an "as is" and on an "as available" basis. We give no warranty that our Services will be free of defects and faults. All content, articles and information contained on the Site are provided for convenience only. We do not offer legal advice nor do we warrant the accuracy of any information found on the Site. As such, you should not rely on such statements, opinions and content and should seek the counsel of attorneys and experts before taking any action related to information contained on our Site. Our DNS proxy service works only with websites we support. The list of supported websites may change from time to time and can be obtained by viewing our Channel Guide. By registering to use our Services you confirm that you will provide accurate and complete registration data, you will inform us of any changes in your registration data in a timely fashion, you are over 18 years of age and are legally capable of entering into binding contracts, and you agree to comply with our Terms as well as all applicable laws and regulations in connection with your use of the Services.
We restrict access to our Site and Services to individuals who have agreed to be bound by these Terms. We have the right to suspend or close any account with us and block your use of our Site and Services, if (in our sole opinion) you have failed to comply with any part of these Terms.
You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any content that you create, copy, transmit, display, download or record while using our Services and for the consequences of your actions (including any loss or damage which we may suffer) by doing so.
You are responsible for all use of your security details and your account. You must treat your username and password, and any other security details, as confidential, and not disclose it to any other person. You must also prevent unauthorized access to your account.
Subscription Plans, Payment, Refunds
Our Services are available as subscription plans of various lengths of time. You may use the Services with an unlimited number of devices; however, a basic subscription only entitles you to three simultaneous active VPN connections and three additional IP address slots where you can input IP addresses which you utilize for the purpose of connecting devices via HTTP, DNS, and SOCKS5 proxy services. You may increase the number of simultaneous active VPN connections allowed in your plan by simply customizing your order during the check out process or by contacting [email protected]. Your subscription is for your own use only and you may not rent, lend, hire out or otherwise share your connection with another person.
The Services plans and prices we offer are shown on our Site, however, if you chose to pay for Services using a gift card, charges as well as the length of time Services will be provided are subject to the terms of your agreement with the gift card payment processor. We may change our prices at any time, but any such changes will not affect any subscription for which you have already paid. All fees are charged and payable in full in advance. Your billing cycle begins on the date that we receive payment from you.
We offer a conditional 7 day money-back guarantee for new subscription which are purchased using PayPal and/or credit card payment processing services only. For full details of our guarantee and how to claim a refund, please see our Refund Policy. If we cancel or suspend your account with us due to a breach by you of these Terms we will not refund any fees to you.
We will process the refund due to you as soon as possible and, in any case, within 30 days of the day we first confirm to you via e-mail that you are entitled to a refund. We will refund any money received from you using the same method used by you to pay for the Services.
You must pay us in one of the currencies stated on our site. Payment can be made through any of the payment gateways offered on our site. If you set up a recurring payment, you authorize us to take payment in this way on an ongoing basis using the payment details you provide until you tell us to change your method of payment. If you wish to change your method of payment, or change your payment details, please contact us at [email protected]. If any recurring payment is not paid as agreed, your subscription will not be renewed.
The Services are granted immediately upon confirmation of payment which usually takes only a few minutes. However, for reasons including network availability, delays on the part of the payment gateway, holiday periods, and other delays, it could take longer. When we are notified that your payment has been successfully processed, we will send you an email confirmation of receipt of payment, at which time you will be able to log-in to the Site and use the Services.
We take copyright and other intellectual property rights very seriously, and we encourage you to do the same. You are responsible for determining the legal status of any intellectual property you access, use or copy through the Site and Services. You agree to not transfer copyrighted works through the service without the express permission of the copyright holder.
If you believe any of our services have been used to infringe your intellectual property rights, please email [email protected] giving full details of the alleged infringement, including information sufficient to allow us to identify the relevant user. You must also include details of your rights in the relevant works (or standing to complain on behalf of the rights holder).
Please note that as a company registered in Hong Kong, we are not subject to the Digital Millennium Copyright Act.
We provide the Service on an "as is, as available" basis without representation or warranty of any kind. We do not guarantee the continuous availability of the Services or of any specific feature(s) of the Services. The Services may experience interruptions and become unavailable at any time for reasons including but not limited to emergencies, third party service failures, transmission failures, equipment or network problems or limitations, interference, and maintenance and repair.
We will inform you of any significant changes to the Services we may occasionally make. We may impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. The speed and quality of the Service may vary. We are not responsible for any failures to maintain the confidentiality, security, accuracy or quality of your data, the Site and Services.
You may use our Site and Services only for lawful purposes. You agree to comply with all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Services, including those related to data privacy, international communications and the transmission of technical or personal data. You may use the Services only for personal purposes. For more information, please refer to our Acceptable Use Guidelines.
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;
Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message;
The transmission or posting of chain letters or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud;
Impersonating any person or entity, including, but not limited to, a Company representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
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 includes sexual or explicit depictions of minors in any form;
Uploading, posting, emailing or otherwise transmitting any content that is directed to inciting or producing imminent conduct that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable and is likely to produce such conduct;
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);
Collecting or storing personal data about other users without their knowledge;
Promoting or providing instructional information about illegal activities, to promote physical harm or injury against any group or individual, or to promote any act of cruelty against animals;
Attempting to circumvent authentication or security of any host, network, or account ("cracking") without authorization;
Engaging in any monitoring or interception of data not intended for you without authorization;
Introducing malicious programs into our network or servers (e.g. viruses, worms, Trojan horses, etc.);
For the purpose of harming or attempting to harm minors in any way;
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;
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;
Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
Interfering with or disrupting our Site's system or servers or networks connected to our Site's system, or disobeying any requirements, procedures, policies or regulations of networks connected to our Site's system;
In any way that breaches any applicable local, national or international law or regulation;
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; or
Using the Services for anything other than lawful purposes.
SERVICE SUSPENSION; ACCOUNT TERMINATION
You agree that we may, in our sole discretion, for any or no reason, discontinue the Services either in whole or in part, or to you only, at any time, without notice or penalty. You agree that we will not be liable to you or any third party for any service suspension or account termination.
We will determine, in our discretion, whether there has been a breach of these Terms through your use of our Site or Services. Failure to comply with these Terms constitutes a material breach of the terms upon which you are permitted to use our Site and Services, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our Site, and Services with no refund;
issuance of a warning to you;
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
Further legal action against you; or
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
RELEASE AND INDEMNITY
You hereby expressly and irrevocably release and forever discharge us, our affiliated and associated companies, and respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Services.
You hereby agree to indemnify and hold us, our affiliated and associated companies, and respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of (i) a breach of these Terms, (ii) any use of the Services by you or any person using your account, and (iii) any violation of any rights of a third party by you or any person using your account.
DISCLAIMER OF WARRANTY
Actual service coverage, speeds, locations and quality may vary. We 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. WE DO 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. WE DO 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, OUR WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS 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.
LIMITATION OF DAMAGES
IF, NOTWITHSTANDING THE FOREGOING, WE OR ANY OF OUR AFFILATED 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, OUR COMBINED TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US FOR YOUR USE OF THE SERVICE; AND (B) THE SUM OF ONE HUNDRED ($100.00) US DOLLARS.
SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY TO YOU SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
BASIS OF THE BARGAIN
YOU ACKNOWLEDGE AND AGREE THAT WE OFFERED THE SERVICES, SET OUR PRICES, AND ENTERED INTO THIS AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. WE WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any term or provision in these Terms is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final and non-appealable, then, the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken here from in its entirety and the remainder of these Terms shall survive with the said offending provision eliminated.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this Agreement shall be void.
JURISDICTION; APPLICABLE LAW
These Terms shall be governed by and construed in accordance with the laws of Hong Kong, without regard to conflicts of law principles. In the event of any dispute, claim, action or proceeding arising out of or related to the Site and Services, you consent to exclusive jurisdiction and venue in Hong Kong. You consent to service of process in any legal proceeding.
We may change, modify, revise and update these Terms from time to time, without prior notice to you. If we do so, we will notify you by email and post a new effective date. You are expected to check this page from time to time to take notice of any changes made, as they are binding on you. Your continued use of the Site or Services constitutes your acceptance of the then-effective Terms.
Pusa and Daga Hong Kong Limited
11/F Three Exchange Square
8 Connaught Place
Central, Hong Kong