Introduction

HEADVPN.com (“the Website”) provides subscription-based proxy services for selectively anonymous browsing, with related features to bypass geographical blocks (“the Services”). These Terms of Use (“the Agreement”) govern all matters pertaining to the use of the Services by the Account Holder (“you” or “your”), as offered on the Website, including, but not limited to, any service agreement that you have entered into pertaining to the Services; any specific Rate Plan or Service Plan Information that applies to your account; and any and all matters pertaining to your account. This Agreement governs the entirety of your understanding and relationship with HEADVPN, LTD. (“we”, “us”, or “our”), the owner and operator of the Website offering the Services, and supersedes all earlier versions of any agreement offered on the Website in relation to the Services.

We reserve the right to add, delete and/or to modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting any revised, updated, and/or new Agreement on the Website. As a condition of your use and/or continued use of the Services, you acknowledge and accept that it is your sole responsibility to keep current as to any changes to the Agreement that may be posted from time to time on the Website. Accordingly, your continued use of the Services, following the posting of any revisions to the Agreement on the Website (including this version of the Agreement), and/or following the delivery by email to you of notification of such changes, will constitute binding acceptance of the Agreement and its changes, subject to the termination terms below. Any changes to the Agreement are effective immediately upon being posted to the Website. This version of the Agreement is effective immediately upon its posting to the Website.

Your activation and use of the Services represent your intention and agreement to be bound by all the terms in the Agreement. You represent that you are at least eighteen (18) years of age. If you are acting on behalf of a corporation, you represent that you have the authority to do so, and that accordingly, such corporation shall be bound by all the terms of the Agreement. You represent that the registration information provided is accurate and complete, and that it is your responsibility to keep your registration information current and up-to-date.

Usage Policy

You agree to comply with all applicable laws and regulations in connection with your use of the Services. You further agree that you will not use your account, or enable your account to be used by a third party, to engage in any of the following activities:

a) Sending or transmitting unsolicited advertisements or content (“Spam”) through the Services, whether via e-mail, usenet, or any other communication channel.

b) Sending or transmitting any illegal content through the Services, whether via e-mail, Usenet, or any other communication channel, including without limitation, child pornography.

c) Uploading, downloading, posting, reproducing, or distribution of any content protected by copyright, or other proprietary right, without first having obtained permission of the copyright owner.

d) Attempting to use the Services as a means to defraud and/or to avoid due compensation for use of paid services that would normally be due to any individual or corporation offering such services, including, without limitation, content providers.

e) Engaging in any conduct that restricts or inhibits any other account holder from using or enjoying the Services.

f) Attempting to access, probe, or connect to computing devices without proper authorization.

g) Posting to or transmitting through the Services any unlawful communications and material, including, but not limited to, any communications and material that could be deemed as harmful, threatening, abusive, harassing, defamatory, hateful, and/or discriminatory; that encourages conduct that may constitute a criminal offense; and/or that might give rise to civil liability or otherwise violate any applicable local, state, federal or international law.

h) Using the Service for anything other than lawful purposes.

Violations of this Usage Policy will result in termination of your account, without any refund of amounts previously paid for the Services. Additionally, you will be held responsible for any and all damages incurred by us by reason of your violation(s) of this Usage Policy, including, but not limited to, associated attorney fees and costs.

Service Availability

Actual service coverage, speeds, locations and quality may vary. We will attempt to make the Services available 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, but not limited to, emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, and poor signal strength. You acknowledge that, under such circumstances, the Services may be interrupted, limited, or curtailed. We are not responsible for loss of data, nor for messages or pages lost, not delivered, delayed or misdirected, due to interruptions caused by performance issues with the Services. We may impose usage or service limits, suspend Services, or block certain kinds of usage in our sole discretion to protect users of the Services. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.

Information on supported page represents current state of the system to the best of our knowledge. It does not mean that every site or service in “supported” list is available through every provider in the world. Also, the list of supported sites and services may change without notice and we cannot guarantee continuation of availability of our service even if something was working in the past.

Service Delivery

The Services will be automatically activated upon receipt to us of notification of successful payment. Your billing cycle begins on the date that we have received payment from you.

Termination Terms and Refund Policy

Account holders on monthly plans may cancel their account at any time. We offer a 30-days money back guarantee if you can’t connect to our VPN servers using all of the VPN protocols and servers included in the package.

Important! We do not offer money back in following cases:

    • The service is provided “as-is”. We cannot guaranty that our Service unblocks certain sites. The fact that you are not able to access a site using the Services can not be a reason for a refund request. You are able to test our service before purchasing by using the 24 hour Free Trial account we offer.
    • We do not refund for speed issues because we have a 24 hour Free Trial account in which you can test speed on any of our VPN servers.
    • If we terminates an account due to Policy violation, there will be no refund.
    • PayPal subscription payments are non-refundable because you are responsible for your subscriptions on PayPal.
    • Only Windows, MacOS and Linux Users are eligible for refunds. If you try to use the Services on any other operating systems or devices (like iPhone/iPad/Android), make sure you test the Service first with our Free Trial account.
    • If your account is closed because you shared the account or service login credentials.

If you are not able to setup the Services on your modem or router you are NOT eligible for a refund.

Note: If you bought Premium VPN Package under any promotion or discounted price, money will be non-refundable.

Account Policies

You are responsible for maintaining the confidentiality of your security credentials and/or passwords (if any), and are liable for any harm resulting from your disclosure, or your enabling of such disclosure, to any third party of your password or security credentials. In the event of a breach of security, you will remain liable for any unauthorized use of the Services until you notify us in writing, either by letter or by email.

Privacy Policy

The Website does not, and will not, actively monitor user activity for inappropriate behavior, nor do we maintain direct logs of any customer’s Internet activities. However, we reserve the right to investigate matters we consider to be illegal or violations of the terms of the Agreement. We may – but are not obligated – in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including, but not limited to, e-mails) that we consider to be actual or potential violations of the restrictions set forth in the Agreement, and act to prohibit any other activities that may subject us, or our customers, to liability.

We will never intentionally disclose any private electronic communication or personal customer information unless required to do so by law enforcement or by operation of law.

Intellectual Property

It is a severe violation of the terms of the Agreement to employ the Services in a manner that infringes on trademark, copyright, and any other kind of intellectual property. In the course of using the Services, should you induce a third party to deliver content to you, you undertake to pay all compensation due by you to any third party content provider(s), in return for their delivery of content to you. Use of the Services while engaging in any act of piracy – for example, the accessing of third party fee-based content services without providing compensation due to the content service providers – is strictly prohibited, and will result in an immediate termination of your account for any such violation that comes to our attention..

Covenant of Non-Competition

As a condition of your use, and/or your continued use, of the Services, you undertake not to employ your account and registration with us as a means to gather information and/or insight for use – on behalf of yourself and/or on behalf of any associate, whether personal or corporate – toward the development of any business enterprise that could reasonably be deemed to be competitive with the Website and the Services. As a condition of your use, and/or your continued use, of the Services, you acknowledge and understand that we reserve the right to seek full damages and compensation, including, but not limited to, an accounting of revenues, arising out of the exploitation of your position and perspective as an account holder toward the development of, or assisting anyone, whether personal or corporate, toward the development of, any business enterprise that could reasonably be deemed as competitive with the Website and the Services.

Concluding Terms

In the event that any term in the Agreement is held to be vague, uncertain, or invalid, all other terms shall nevertheless remain in full force and effect. Where any term or circumstance under the Agreement is held to be vague or uncertain, it is agreed by you that the resolution of any vague or uncertain terms or circumstances shall be made in accordance with the overall spirit, general purpose, commercial intent, and undertakings as set out in this Agreement.