Terms of Service
proXPN, B.V. (hereinafter called "XPN") has expertise in the area of providing web site hosting and other Internet-related services under the name of proXPN and/or proXPN.com. Using our services, all clients, their customers, and users, will be offered the means to disseminate public, private, commercial, and non-commercial information.
Presently, it is difficult to deny the fact that the Internet offers a wide forum for open discussion and dissemination of information. XPN fervently respects such a fact; nevertheless, once competing interests at issue have arisen, the right to take certain preventative or corrective actions will be reserved by XPN.
This Acceptable Use Policy (AUP) has been developed by XPN for the purpose of the protection of competing interests. Certain terms of every customer's respective service agreement will be supplemented and explained herein. This AUP is a guideline of the XPN user's rights and obligations when utilizing the services of XPN.
This AUP will be improved and revised from time to time. In case any customers using the services of XPN after the AUP is revised and posted on proXPN.com web site, this will be deemed that the customer accepts any new or additional terms of this AUP.
The Internet at present is actually owned or controlled by no single party. This is the reason why the Internet is so valuable. However, it also costs a high premium on the judgment and responsibility of those who use the Internet to disseminate information to others.
Please kindly note that XPN does not modify, revise, censor, or take responsibility for any information created by the clients. Once any information placed on the Internet by the clients, they have the same liabilities equal to those of other internet user.
XPN is designed to keep people safe and secure online. We have a ZERO tolerance policy towards any user who might try to use XPN for illicit purposes. Any action of XPN's clients will be deemed to violate the policy of XPN, if the users, customers, affiliates, or subsidiaries engage in the following listed but not limited to, activities:
Spamming is defined as the sending of unsolicited bulk and/or commercial messages through the Internet. Because of its negative impact, it is harmful on consumer attitudes, and also can overload networks and disrupt services. Additionally, maintaining an open SMTP relay is forbidden. Once a complaint is sent to XPN, XPN will use its discretion to determine from all evidence regardless of whether the e-mail recipients are from an opt-in e-mail list. For more information, please see our Spam Policy.
Forging of headers is defined as the cutting or misrepresenting of message headers that can be both in whole or in part. This action tries to hide the originator of the message.
Also known as hacking. This activity includes any accessing - without authorization - computers, accounts, or networks belonging to another party, or attempting to penetrate the security measures of another individual's system. Furthermore, any activity which is done as a precursor to an attempted system penetration, for instance, port scan, stealth scan, or other information gathering activity, will be deemed to be illegal or unauthorized access under this AUP.
The distributing of information regarding the creation of and sending of Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing, or denial of service attacks will be deemed a violation of this AUP. Additionally, any activities disrupting the use of or interfering with the ability of others to effectively use the network or any connected network, system service, or equipment will also be deemed in violation.
Any advertisement, transmission, or otherwise any available software, program, product, or service designed to violate this AUP (including the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software) will be deemed to be in violation of this AUP.
proXPN will determine at its sole discretion what constitutes web services - these include, but are not limited to, mail, web (https/http), DNS, IRC, etc.
This means any activity (including lawful ones) which are determined by XPN as a danger to XPN's users, operations, reputation, goodwill, or customer relations.
As a result of the above forbidden activities, XPN shall reserve the right to terminate the privileges of users and customers who commit violations of XPN policy and service agreements.
Considerations of Privacy and Security
The Privacy of online communications and web sites is an important issue that XPN is deeply concerned with. It cannot be guaranteed that other means of communications (e.g. mail, facsimile, and voice telephone service) will ever be 100% secure. And therefore, we always recommend using common sense.
Finally, we hope that the AUP is useful and helpful in clarifying the obligations of Internet users. Should any organization or individual have a complaint regarding a possible violation of this AUP, they can contact our abuse team at: email@example.com.
Pursuant to the applicable laws of the United States of America, a copyright owner or its authorized agent may submit a notification alleging copyright infringement to XPN, if the complainant has a good-faith belief that its works are being infringed upon by material under XPN's control.
proXPN Sales and Refund Policies
7-Day Risk-Free Trial
proXPN extends a 7-day risk-free trial to all new proXPN Premium Accounts. To prevent fraud, we charge your PayPal account or credit card immediately. However, within 7 days of ordering, you can request a full refund through our customer support helpdesk - no questions asked. Please note: this trial is available to new users of proXPN only.
Recurring Payments & Cancellations
By purchasing a proXPN Premium Account, you agree to be re-billed either monthly, bi-annually, or annually at the price point selected. You can cancel your Premium Account at any time. Upon canceling, you are automatically downgraded to a Basic Account, allowing you to continue using proXPN free of charge with limited functionality.
Refunds, Exchanges & Returns
Refunds are given as per conditions stated above regarding our 7-day risk-free trial. If you request a refund after the 7-day trial period, we cannot issue one. However, if, for some reason, proXPN experiences considerable service downtime or other issues that demonstrably impact the customer experience in a negative way, proXPN may issue a full or partial refund at its discretion.
As well, since proXPN is a service and not a physical product, no exchanges or returns will be honored.
In cases where an account is terminated for violation of our TOS/AUP, all monies remaining on the subscription term are forfeited, and no refund(s) will be issued.
Updated January 8th, 2013