This is an agreement between you and PeachVPN .com LLC (” PeachVPN .com”) for virtual private network communications services, related services and features (“the Service”).

The Agreement that governs your Use of the Service include these PeachVPN .com Terms and Conditions (“T&C’s”), any PeachVPN .com Service Agreement you have agreed to, and the specific Rate Plan or Service Plan Information that applies to your account. THESE T&C’S SUPERSEDE ALL EARLIER VERSIONS AND INCONSISTENT TERMS OF ANY OTHER AGREEMENT. PLEASE READ THESE T&C’S CAREFULLY BEFORE ACTIVATING OR USING THE SERVICE. YOUR ACTIVATION AND USE OF THE SERVICE REPRESENTS YOUR AGREEMENT TO BE BOUND BY THESE T&C’S AND A REPRESENTATION THAT YOU ARE OF LEGAL AGE. IF YOU DO NOT AGREE TO THE TERMS OF THE AGREEMENT, DO NOT USE THE SERVICE.

Usage Policies

Account Holder agrees to comply with all applicable laws and regulations in connection with their use of this service. Account Holder further agrees that they or anyone using their account will not engage in any of the following activities:

• Sending or transmitting unsolicited advertisements or content (“spam”) over the PeachVPN .com service, whether via email, usenet, or any other communication channel.
• Sending or transmitting any illegal content over the PeachVPN .com service, whether via email, usenet, or any other communication channel including without limitation child pornography.
• Uploading, posting, reproducing, or distribution of any content protected by copyright, or other proprietary right, without first having obtained permission of the copyright owner.
• Engaging in any conduct that restricts or inhibits any other Account Holder from using or enjoying the PeachVPN .com Service.
• Attempting to access, probe, or connect to computing devices without proper authorization.
• osting to or transmitting through the PeachVPN .com Service any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that may constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, federal or international law.
• Using the PeachVPN .com 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 this service. Additionally, Account Holder will be held responsible for any and all damages incurred by PeachVPN .com including any amounts charged by any outside entity due to said violation(s) including without limitation attorney fees and costs.

Content Disclaimer: Cautions and Restrictions

We do not control, nor are we responsible for any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. We may, but do not have any obligation to block information, transmissions or access to certain information, services, products or domains to protect the Service, our network, the public or our users. We are not a publisher of third-party content accessed through the Service and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.

You are responsible for paying all fees and charges of any third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access web sites, services or content, or purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies, or their or your compliance with them. If you elect to download into your computer or otherwise enable any software, including any “client” designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service.

Service Availability

Actual service coverage, speeds, locations and quality may vary. The Service will attempt to be available at all times except for limited periods for maintenance and repair. However the Service may be subject to unavailability for a variety of factors beyond our control including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks (e.g., T-1 lines or the Internet). We may impose 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 network speed 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.

Account Policies

Account Holder purchases access to PeachVPN .com Service in blocks of time. Account Holder can transfer unused blocks of time to another Account Holder. Contact account support with the request at [email protected].

Account Holder is responsible for maintaining the confidentiality of his/her password and is liable for any harm resulting from disclosing or allowing disclosure of any password. In the event of a breach of security, Account Holder will remain liable for any unauthorized use of the PeachVPN .com Service until Account Holder notifies PeachVPN .com.

Time purchased is accounted for on a continuous calendar basis, not on a timed use basis. Purchasing 24 hours of access means the Account Holder can access the PeachVPN .com service for one 24 hour period. It does not mean that the Account Holder can access the PeachVPN .com service for 24 hours of connected time (unless those 24 hours is in the 24 hour period).

Account Holder can cancel their account at any time. The remaining balance will be refunded to them in a reasonable time. Refunds are given based on Pro-Rata.

Note that if account churning is detected, the Account Holder will be banned from the service.

Refunds will only be issued to Account Holders who cancel their service. If an Account Holder is terminated for violation of the terms of this T&C’s or otherwise there will not be any refund of any remaining account balance.

The user is responsible for all charges (e.g. Hotspot access fees, in-room network fees) and equipment (e.g. wireless card, cables) associated with connecting to the PeachVPN .com service.

Concurrent logins for the same account are prohibited

PeachVPN .com reserves the right to terminate an account immediately for violating any section of this agreement. PeachVPN .com can cancel an account at any time by providing notice to the Account Holder.

PeachVPN .com LLC rights

PeachVPN .com reserves the right to install, manage and operate one or more software, monitoring or other solutions designed to assist us in identifying and/or tracking activities that we consider to be illegal or violations of these T&C’s. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information (including but not limited to emails) that we consider to be actual or potential violations of the restrictions set forth in these T&C’s, and any other activities that may subject PeachVPN .com or its customers to liability. PeachVPN .com disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your computing device.

Digital Millennium Copyright Act (“DMCA”) Notice

In operating the Service, we may act as a “services provider” (as defined in the DMCA) and offer services as an online provider of materials and links to third party web sites. As a result, third party materials that are not owned or controlled by us may be transmitted, stored, accessed or otherwise made available using the Service. If you believe any material available via the Service infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to material we determine may be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the applicable content.

PeachVPN .com reserves the right to install, manage, and operate one or more software or other solutions designed to manage bandwidth and service utilization.

PeachVPN .com will not intentionally monitor or disclose any private electronic communication unless required by law.

Limitation of Liability and Disclaimer of Warranty

ACCOUNT HOLDER EXPRESSLY AGREES THAT USE OF THE PeachVPN .COM SERVICE IS AT ACCOUNT HOLDER’S SOLE RISK. NEITHER PeachVPN .COM, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE PeachVPN .COM SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PeachVPN .COM SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE PeachVPN .COM SERVICE. NEITHER PeachVPN .COM NOR ANY OF ITS INDEPENDENT NETWORK SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, THAT ACCESS WILL BE AVAILABLE FROM YOUR LOCATION.

THE PeachVPN .COM SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY PeachVPN .COM, ITS EMPLOYEES, AGENTS (INCLUDING ACCOUNT HOLDER REPRESENTATIVES OR GUIDES), THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL ACCOUNT HOLDER RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PeachVPN .COM , OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE PeachVPN .COM SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PeachVPN .COM SERVICE INCLUDING, BUT NOT LIMITED TO, RELIANCE BY A ACCOUNT HOLDER ON ANY INFORMATION OBTAINED ON THE PeachVPN .COM SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E- MAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PeachVPN .COM ‘S RECORDS, PROGRAMS OR SERVICES. ACCOUNT HOLDER HEREBY ACKNOWLEDGES THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE THROUGH THE PeachVPN .COM SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES PeachVPN .COM ‘S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF PeachVPN .COM , OR ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD- PARTY INFORMATION PROVIDERS, MERCHANTS OR LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT, INCLUDING NEGLIGENCE, OR OTHERWISE, EITHER JOINTLY OR SEVERALLY, EXCEED THE AGGREGATE DOLLAR AMOUNT PAID BY ACCOUNT HOLDER TO PeachVPN .COM IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. The foregoing limitations of liability and damages are considerations in establishing the price of PeachVPN .com service. The foregoing provisions of this Section are for the benefit of PeachVPN .com, its employees, directors, affiliates, agents, Information Providers, Merchants and Licensors.

The Agreement between the parties shall be governed by the Laws of the State of Oregon. Exclusive jurisdiction and venue for all matters in this agreement shall be in courts located Washington County, Oregon and you consent to such jurisdiction and venue.

The Agreement between the parties constitutes the full and entire understanding between the parties with regard to the subjects hereof and thereof and supersedes any and all previous agreements between the parties regarding the subjects hereof and thereof. This agreement may be modified by the mutual consent of both parties, provided however, that any such modification shall be in writing, dated, and signed by both parties.

The Account Holder certifies that he/she is at least eighteen (18) years of age or a bona-fide corporate representative, and that the registration information provided is accurate, complete, and up-to-date.