You are entering into an agreement with Ivacy for making use of virtual private network communications services, related services and features. This service strongly discourages its customers to involve or indulge themselves in any criminal activities. It is strictly an anonymity and privacy service. You agree that you will not violate any rules or laws of any jurisdiction you are originating from, or entering into. You agree to protect your credentials (user ID/password) and our system from unauthorized use. You are responsible and liable for all the actions that occur on our servers where you use your user ID/password. You agree not to use our system for executing any malicious activities, such as, sending spam, scanning for open proxies, port scanning or open relays, sending opt-in email, unsolicited email or any type or version of email sent in large quantities even if the email is ultimately sent off of another server. You agree not to launch any pop-ups from our service. You agree not to attack or harm in any way, shape or form any other computer or network while using our service. Service, speeds, quality, locations may vary. The service will be available 24×7, excluding the time reserved for maintenance and repairs. However, the service may be subject to unavailability due to unforeseen situations beyond our control including emergencies, third party failures in their service delivery, transmission, network, infrastructure or equipment limitations, interference, interruption, signal strength – refused, limited or curtailed. We will not be held responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the service or communication services or networks (e.g., T-1 lines or the Internet). We may impose restrictions such as, usage or Service limits, suspend service, or block certain kinds of usage in our sole discretion to protect users or the service. Network speed is an estimate and is no indication of the speed at which your or the service sends or receives data. Actual speed of the network will vary based on configuration, compression, network congestion and other factors. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. We do not strictly log any user activity (sites visited, DNS lookups, emails etc). Only access attempts to our servers are logged (for troubleshooting and security). We do not involve in any form of censorship. You personal information is kept confidential and is not shared with any third parties. We do not entertain any requests for information unless we are ordered by a court of competent jurisdiction. We will protect you to the best of our abilities and our system is setup to automatically do so. There are number of reasons for being anonymous and we fully respect them all. Hacking, cracking, distribution of viruses, fraudulent activities, network sabotage, phishing, and/or any activity deemed illegal or unwanted, under these Terms of Service shall be subject to suspension or termination of your Ivacy account and subscription. Users are responsible to maintain secure configuration of their services and are responsible for any damages caused by their neglect or exposure of vulnerabilities whether intentional or unintentional. Ivacy does not limit bandwidth or data usage per user; however the use of service is subjected to fair usage. Creating automated or manual VPN sessions in a manner that would impersonate a bot or exerting excessive load on the network that may disturb other users on the network, or utilizing substantially excessive bandwidth that exceeds the average user bandwidth usage for an extended duration etc., all will be considered as unfair usage of the network. Ivacy reserves the right to temporary suspend or permanently terminate users found involved in unfair usage of its services. Anti-Fraud Policy Ivacy hereby notifies that, no accounts will be offered to clients residing in African nations except South Africa. Ivacy had to take this step because of increasing complaints regarding fraudulent activities originating from Nigeria. However, Ivacy reserves its right to allow any one as an exception to get an account, on receipt of government issued IDs or landline phone. Anyone who tries to bypass the conditions therein, will immediately get his account terminated. All fraudulent activities may be reported to the respective police and related law enforcement authorities. Limited Liability Ivacy shall not be liable under any circumstances for any special, consequential, incidental or punitive damages arising out of or in any way connected with this Agreement and/or any services and products that you may choose to purchase or use, including but not limited to: damages for lost profits, loss of service use, loss of data, loss of privacy, damages to third parties. This limited liability clause shall apply even if Ivacy has been notified of the possibility of any claims. In no event shall Ivacy’s maximum liability exceed the total amount paid by the customer for the service or the product. Important Note Ivacy reserves the right to change and amend its Terms of Service at any time as it may deem suitable. In case any changes and alterations in Terms of Service occur, Ivacy will always inform its customer via an email or an update. Any user, if after the modification in the Terms of Service still uses Ivacy; it will be treated as an agreement between Ivacy and user on the new Terms of Service.
