This Terms & Conditions Agreement (the “Agreement”) contain the complete terms and conditions which govern your purchase of a VPN Account and other internet-related activities (the “Service” or “Services” or “SERVICES” or “SERVICE”) provided by CitizenVPN.com and Skytte Media ApS and Skytte Corp.
Skytte Media ApS is a company registered in Denmark with registration number CVR: 33033656.
Skytte Corp. is a company registered in Bahamas with registration number: 160639B.
As used in this Agreement “CitizenVPN” or “CITIZENVPN” means the citizenvpn.com website located at the URL http://www.citizenvpn.com (or any other successor websites owned or maintained by Skytte Media ApS) and it's owner and parent company Skytte Media ApS, and “you” or “your” or “Client” means you. “VPN” shall mean “Virtual Private Network”. CitizenVPN VPN server or VPN server or Server or server shall mean a server operated by Skytte Corp.
By purchasing the Service you acknowledge that you have read the agreement and you agree to its terms and conditions and all policies posted on the citizenvpn.com website.
As used in this Agreement “Outage” or “Outages” means that a VPN server may be denying legitimate Client logins and/or not allowing the Clients IP traffic to pass through it. Low quality of Service or slow transfer of IP packets does not constitute an “Outage”.
As used in this Agreement, “User” means the actual person using the Service. “Account” means the login-credentials you receive and the Service and all data associated with said login-credentials.
2. The Service
The Service constitutes the facility for the Client to connect to CitizenVPN VPN servers using encrypted PPTP (Peer-to-Peer Tunneling Protocol), OpenVPN (SSL), and/or other protocols made available solely at CitizenVPNs digression, and for the CitizenVPN VPN servers to forward IP transmissions from the computer the Client connected to the Service with, to the intended destinations.
CitizenVPN will make available one or more such VPN servers for the Clients non-exclusive use.
The service shall be delivered via Skytte Corp.
Outages may occur from time to time and CitizenVPN will do everything they reasonably can to minimize such Outages and the duration of them. Should any CitizenVPN VPN server experience an Outage for a duration longer than 24 hours, CitizenVPN will extend the Term of the Service with no less than 1 (one) day per 24 hours of Outage but only if the Client emails a request to do so within 5 (five) business days after the end of the Outage.
4. Personal Use Only
a) The Service as offered and provided under this Agreement is a service offered for personal, non-commercial use only. The Client will not resell or redistribute (whether for a fee or otherwise) the Service, or any portion thereof, or otherwise charge others to use the Service, or any portion thereof. Subscriber agrees not to use the Service for operation as a VPN service provider or for any enterprise purpose whether or not the enterprise is directed toward making a profit.
b) If the Client is a commercial company, whether for-profit or non-profit, or any type of organization or government entity, it is allowed for the Client to use the Service for its employees as in accordance with this Agreement. If the User of the Service is an employee of the Client, by using the Service the User automatically agrees to be bound by this Agreement and it is the responsibility of the Client to ensure that the User agrees to this Agreement prior to any use of the Service by the User.
5. Payment and Client Obligations
For non-subscription-type service, when the Service Term comes to an end, it is the responsibility of the Client to purchase a renewal of the account or to purchase a new account. Renewal of existing accounts may or may not be made available, at CitizenVPNs' sole discression.
For subscription-type service the 3rd party Payment Provider will periodically charge the clients account to keep the subscription active. The subscription may be cancelled at any time from within the My VPN Account section in the My Account menu.
a) FULL SATISFACTION GUARANTEE. If you contact us within the first 3 months of your purchase then you are entitled to a full 100% refund, regardless of the reason for your cancellation. However, if you have made payment via international bank-transfer or moneyorder such as Western Union Money Transfer or MoneyGram then we will deduct any applicable bank fees for making the refund to you via the same method (however, you may opt to receive your refund via a different method such as PayPal free of charge).
b) If your account is suspended or terminated due to a violation of this Agreement then we will not refund any remaining account balance. If your account is suspended or terminated for any other reason that is not due to a specific violation of this Agreement you are entitled to a refund of any remaining account balance.
Requests for refunds must be emailed to: firstname.lastname@example.org
7. Governing Law
Agreement shall be governed by and construed in accordance with
Danish law; the parties irrevocably agree that any dispute arising
out of or in connection with this Agreement will be subject to and
within the jurisdiction of the courts of Denmark. It will always be
the Danish version of this Agreement that is valid. It is the Clients
responsibility to have read and understood and agree to the Danish
version of this Agreement before purchasing the Service or any other
services or products. The Danish version of this Agreement can be
found at the URL: https://www.citizenvpn.com/main/index.php?route=information/information&information_id=5&lang=DA
8. Client Liability & Indemnification
The parties agree that in no event shall CitizenVPN be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless CitizenVPN from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth here-under.
9. TERM, TERMINATION & REINSTATEMENT
a) As used in this Agreement, “Term” shall mean the duration the Service will be active. For Service Accounts sold as either “1 month” or “6 months” or “12 months” or any other number of months or years, “Term” shall mean the respective 1, 6 or 12 or other months or years mentioned in the service description. For Subscription accounts, "Term" shall mean the duration until the Subscription is cancelled. For Pay-As-You-Go Service Accounts, “Term” shall mean the shortest of the two following periods:
12 months, counting from the first registration.
The duration from the first registration of the Service until the transmission of Bytes exceed the amount of Bytes mentioned in the Service description.
b) Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect until the the Term has ended unless terminated earlier pursuant to the provisions of this Section 9. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must follow instructions for cancellation provided on the “Cancel your account” web page which is found in the MyAccount section on the CitizenVPN website. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 9 - 12 shall survive termination or expiration of this Agreement.
c) If Client terminates its account, Client shall not be allowed to re-instate Client's use of the Services. If CitizenVPN terminates the account due to lack of payment by the Client, once payment has been received, Client's account will be activated within Forty-Eight (48) business hours.
d) When the Term has ended the account will terminate automatically. Thereafter, Client will need to place a new order and thus purchase a new account if it wishes to use the Services. CitizenVPN may, at its' sole digression make available or unavailable the facility to extend an account.
10. DISCLAIMER OF WARRANTY
a) THE SERVICE, THE CITIZENVPN WEBSITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE CITIZENVPN WEBSITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND WHATSOEVER. CITIZENVPN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CITIZENVPN SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
b) CitizenVPN exercises no control what-so-ever over the content of the information originating outside of its systems passing through it. Use of any information obtained via CitizenVPN is at the Clients own risk. CitizenVPN specifically disclaims any responsibility for the accuracy or quality of information obtained through the Service.
11. LIMITATION OF LIABILITY
IN NO EVENT SHALL CITIZENVPN BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE CitizenVPN WEBSITE or WEBSITES OR ANY CitizenVPN PRODUCTS OR SERVICES OR THE SERVICE, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES OR THE SERVICE PROVIDED HEREUNDER. IN NO EVENT SHALL CITIZENVPN CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN ONE HUNDRED EURO (€100) AND NOT EXCEEDING THE AMOUNT PAID BY THE CLIENT FOR THE SERVICE OR THE PRODUCT.
a) If any provision of this Agreement or part thereof shall be void for whatever reason, the offending words shall be deemed deleted and the remaining provisions shall continue in full force and effect.
b) CitizenVPN reserves the right to add, delete or modify any provision of this Agreement at any time without notice, effective upon posting of the modified Agreement at the URL: http://www.citizenvpn.com/terms.pdf. CitizenVPN will send a notification email to the Client when and if such changes are made to the Agreement, but can not gurantee the successfull delivery of any such email to the Client and is not obligated to send any such email.
Violation by the Client of this Agreement or any provision herein may possibly incur fees in regards to clean-up or repair of any harmed devices, block listings, service interruptions, etc. Fees will be commensurate with the violation's severity.
14. Refusal of Service
CitizenVPN reserve the right to refuse, cancel, or suspend service at our sole discretion for any reason whatsoever and without prior notice. Cancellation refund policies specified in this Agreement apply to existing service that is cancelled for any such reason.
15. Force Majeure
The term "Force Majeure" as used herein shall mean strikes, work stoppages, lockouts; acts of public enemy; wars; embargoes; blockades; insurrections; riot; earthquakes; invasion by Extra Terrestrial beings; fires; storms; floods; washouts; explosions; breakdown, accident or unscheduled maintenance to equipment or facilities; or any order of the court of competent jurisdiction, or regulatory action by any regulatory agency or government body having jurisdiction over the operations of said equipment or facilities. A Force Majeure condition shall not suspend any obligation for payment due and owing under this agreement prior to the inception of the Force Majeure condition.
Skytte Media ApS is a company registered in Denmark, and as such if you are resident in Denmark or the EU you are applicable for sales tax known as MOMS (VAT) when you purchase any product or service from CitizenVPN. If you are resident outside the EU you do not have to pay MOMS.
ACCEPTABLE USE POLICY
17. Prohibited and/or Illegal Use
a) CitizenVPN does not tolerate any form of illegal activities including, but not limited to, the following: stealing, hacking, cracking, spamming, distribution of virus/worms and other malware, phishing, abuse, threats, harassment, stalking, defamatory or infringing or indecent or obscene or any sort of unlawful transmissions. In addition, any transmission of sexually explicit depiction of children (i.e. any person under the age of 18) is expressly prohibited.
Any User engaging in any such activity will have their Service suspended immediately and if the activity is deemed illegal all possible steps will be taken to prosecute to the fullest extent of the law.
b) Any Client attempting to purchase the Service with a stolen credit-card will immediately be reported to the authorities and full logs (including IP address) from the third-party payment gateway will be turned over as well. We will work actively with the local authorities of your country and your ISP to track you down and prosecute.
18. Don't interfere with the network
a) Use of the Service constitutes usage of CitizenVPN infrastructure (hereafter “Infrastructure”) such as, but not limited to, bandwidth, servers, switches, routers, firewalls, load-balancers, IP addresses and any other equipment that will transmit, receive or otherwise be a vehicle of transmission of data of any sort.
b) It is expressly prohibited to interfere with the CitizenVPN Infrastructure in any way that is not intended for normal internet usage, such as, but not limited to: forging TCP/UDP/GRE headers or any other IP protocol headers, forging e-mail headers or entire emails, Denial Of Service (DOS) attacks such as, but not limited to, ping, syn-flood and teardrop attacks or any sort of DOS attacks that:
Consume computational resources, such as bandwidth, disk space, or processor time
Disrupt configuration information, such as routing information
Disrupt state information, such as unsolicited resetting of TCP sessions
Disrupt physical network components
Obstruct the communication media between the intended users and the victim so that they can no longer communicate adequately
c) Violations of system or network security such as, but not limited to, the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic, interference with service to any user, host or network including, without limitation, mail bombing, flooding, spamming, deliberate attempts to overload a system and broadcast attacks and forging of any TCP/UDP/GRE/IP packet header or any part of the header information in an email or a newsgroup posting, are expressly prohibited and may result in criminal or civil liability,
d) Any connection through CitizenVPN must adhere to this Agreement. The failure to meet or follow any of the terms and guidelines in this Agreement are grounds for account deactivation. CitizenVPN reserves the right to cancel any account without prior notice. CitizenVPN will be the sole arbiter to what is considered a misuse of service.
19. P2P usage is permitted
a) CitizenVPN does permit the Service to be used for Peer-to-Peer, also known as P2P, usage, including BitTorrent and other protocols and services. It is the Clients responsibility to not engage in any illegal activity including, but not limited to, copyright infringement.