Terms of use


Foreword


By using the ActiVPN service, the user accepts the present terms of use which define the contract between him/her and ActiVPN.
When using for the first time the service, the users consents having read and accepted the present terms of use (ToU). The present ToU apply during the whole use of the ActiVPN service, and until they are replaced by new ones. In case ActiVPN would modify the ToU, the end users will be notified via email 30 days in advance. In case of non-acceptance of the new ToU, the user can terminate his contract with ActiVPN within the normal 30 days timespan. Without explicit action (email, contact via form message, postal mail with return receipt) from the user, he declares accepting the new ToU. The user recognizes that still using the service after the new ToU is equivalent to an acceptance without reserve of the new ToU.


Article 1 - Personal Use


When you use the service, it implies that you affirm and guarantee that: the personal information you provided during your subscription are correct ; you will update them if anything changes ; you are an adult i.e. a person of majority age. You will use the service only for your personal use. In particular, you will not share your credentials with any other entity or individual. The user is responsible for keeping confidential his authentication information (email and password). ActiVPN cannot be held responsible for any damage or loss which would result due to the non conformance and application of the aformentionned rules.


Article 2 - Policy of Use


The user consents to respect the rules mentioned Policy of Use (PoU). If any violation of those rules is observed by ActiVPN, the user account will be suspended or cancelled. The user must not use the service for performing or facilitating illegal activities. ActiVPN will not be held responsible in case of an illegal use of the service, nor account responsible in case of legal offences. Any illegal use of the service (including but non limiting to piracy, hacking) will be prosecuted. It is forbidden to connect to the service from a Tor exit node. Spamming via our service is forbidden. Piracy and hacking are forbidden.


Article 3 - Limitation of Responsability


In accordance of the maximal measure authorized by the French Laws, ActiVPN, his CEO, his employees, partners will not be held responsible for any damage or loss, wether direct, indirect, special, consequent or punitive damages, including but non limitating to, loss of revenue, data, use, good will, or any other non physical loss, resulting of the access or the impossibility to access to the services, any behavior of one third party on the services, including but non limiting to, any defamatory behavior, abusive or illegal of other users or third parties, any content from various services, and the unauthorized access, the use or the alteration of the transmissions or their data, wether it may rely on a contract, a delict (including negligence) or any other juridical theory, that the service would have informed or not of the possibility of such damages, even if a counter-measure present in the present ToU did not achieve its initial purpose. Piracy without having rights or license is illegal, ActiVPN does not caution nor be held responsible in case of infraction. Piracy harms the artistic creation. ActiVPN does not caution any illegal use of the service nor be held responsible in case of infraction. ActiVPN will not be held responsible in case of an illegal use of the service, nor account responsible in case of any technical problem, or saturation of the Internet networks. The law applicable to the present ToU and PoU is the French Law. In case of any dispute between the user or any other physical or moral person and ActiVPN, assuming there is no possibility of out-of-court agreement, common rules will apply, the only competent court will be the Tribunal of Commerce of Marseille, FRANCE.


Article 4 - Cancellation


The user can cancel his subscription by email. In case the service does not work, the user can ask for reimbursement of his service fees within the legal delay following the subscription, unless his access is terminated (eg. in case of micro-vpn 1 day offer). ActiVPN may refuse some requests if the customer did connect to several servers, or did connect at least five times, or if the customer is refusing ActiVPN to assist her/him or not answering to our solicitations.


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