Thanks for using our Website's products and services ("Services"). The Services are owned and operated by GZ Systems Limited, doing business as MVPN™, a Hong Kong limited company with a principal place of business located at 36/F, Tower Two, Times Square, 1 Matheson Street, Causeway Bay, Hong Kong. MVPN™ reserves the right to revise these Terms of Service as and when needed. The company will make every effort to alert its users about the change in these Terms, whenever they happen, by email or by posting a notice in the client area for the users to view. However, the company cannot be held liable for it. Using the Services after changes become effective means that you agree to the new Terms. If you don’t agree to the new Terms, you must stop using the Services. If we do not hear from you within ten days, then the revised Terms will apply to you.
By using our Services, you are agreeing to these Terms and Conditions. Please read them carefully as they constitute the Terms and Conditions of a legally binding agreement between you and the company.
When you agree to use our Services, Virtual Private Network ("VPN"), which includes, but is not limited to, the use of our servers, routers, IP addresses, protocols, add-ons, software, applications and other equipment, you authorize us to transmit information using our network, and you agree to accept the Terms with respect to your use of our VPN Services.
Using our Services, even after any change in Terms, will mean that you agree to these Terms. If you don't feel comfortable with agreeing to these Terms as they are, please stop using our Services, although we’ll be sorry to see you go.
If you are using our Services for a business use, or on behalf of a business, or in association with a business, then, your agreement to these Terms will be construed as an agreement by that business. It will hold harmless and indemnify MVPN and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Services or violation of these Terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees.
You are responsible for:
Use of the Website is free; however, some aspects of the Services may be limited to Users paying with Service Fees, being available at all times on the Website as well as at the point of sale. Access to the Services shall be charged the applicable Service Fee, with said Fee to be charged automatically at the time of creation of account, and then according to the "Billing Cycle" from the payment account provided to us upon Account creation, as updated from time-to-time.
MVPN regularly launches different promotions/discounts/special offers to further facilitate its users. However, a user currently benefiting from a promotion/discount/special offer is automatically disqualified from availing another promotion/discount/special offer during the lifetime of the promotion/discount/special offer being availed by him/her. Furthermore, a user cannot avail a promotion/discount/special offer twice on one Account.
Should you have any questions, comments or concerns regarding the Website and/or Services, customer service may be contacted at any time via email@example.com. We strive to respond to all customer service inquires within forty-eight (48) business hours. Customer service may also be contacted at any time, 24/7 via the live chat option on the Website.
We also provide assistance to our customer remotely. We get access of our customer’s computer, with their prior permission, to resolve the issue.
Cancellation of Services
Users may cancel their use of the Services at any time via contacting to our Live Chat or via support e-mail at firstname.lastname@example.org.
Refund of Services
The refund policy is subject to fair use of our Services and compliance to our Terms of Services. The policy serves the purpose of identifying our procedures, conditions and terms for refunds. To have a detailed look at our Refund Policy, please view: here.
Use of the Web Site and/or Service(s) by Minors and/or Children
You affirm that you are at least eighteen (18) year of age and/or over the age of majority in the jurisdiction you reside and from which you access the Website and/or Services where the age of majority is greater than eighteen (18) years of age. If you are under the age of eighteen (18) and/or under the age of majority in the jurisdiction you reside and from which you access the Website and/or Service, then you are expressly prohibited from accessing the same. You understand and acknowledge that the internet may contain information that may be inaccurate, offensive, indecent, illegal in various jurisdictions, or may be inappropriate for certain. You agree that GZ Systems is not liable for providing access to or any damages or losses resulting from such information.
To protect our Services from being misused, abused or being used to harm someone, we have made some rules which apply to every user equally, regardless of the package plan chosen by them. These rules have been erected solely to ensure that every MVPN user gets to enjoy complete internet freedom, without harassing or harming any other user, and without abusing our Service. We reserve the right to terminate your use of the Website and/or the Services for violating any of the prohibited uses or for any other reason in our sole and exclusive decision.
You specifically agree not to:
If you are found in violation of our Terms or Services in any way, shape or form, then we might have to take the extreme step of terminating your Account with us, although we’ll be sorry to see you go.
Company reserves the right:
Intellectual Property Rights Not Waived
This is an Agreement for access to and use of the Web Site and/or the Services. The Web Site and Services are protected by intellectual property laws. The Web Site and Services belong to us and is the property of us or our licensor/s (if any). We retain all ownership rights of the Web Site and Services.
Furthermore, all material ("Materials") displayed or transmitted on this Web Site and/or Services, including but not limited to text, photographs, images, illustrations, video clips, audio clips, and graphics are owned by us and are protected by Hong Kong and international copyright, trademarks, service marks, and other proprietary rights, laws and treaties.
Except as provided, you may neither copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or in any way commercially exploit the Materials carried on the Web site, nor may you infringe upon any of the copyrights or other intellectual property rights contained in the Materials. You may not remove or alter, nor cause to be removed or altered, any copyright, trademark, or other proprietary notices or visual marks and logos from the Materials.
You may make a single print copy of any Materials provided by us on this Web Site and/or Services for personal, non-commercial use only, provide that you do neither remove nor cause to be removed any copyright, trademarks, or other proprietary notices or visual marks or logos from the Material. You may not archive or retain any of the Materials accessed on this Web Site and/or Services without our express written permission. All requests for archiving, republication or retention of any part of the Materials must be in writing to us and must clearly state the purpose and manner in which the Material will be used. Requests for permission to archive, retain, or republish any part of the Materials may be submitted to email@example.com
You acquire no rights or license whatsoever in the materials other than the limited rights to use the Web Site in accordance with these Terms of Service. Any of the materials accessed or downloaded from this Web Site must be accessed or downloaded in accordance with the Terms of Service of use specified in this Agreement. We reserve any rights, not expressly granted under these Terms of Service of use.
Use of Our Proprietary Software
Our VPN Services may require you to download/configure our proprietary VPN Software on your computer/smart device/entertainment system. Furthermore, we might send periodic updates/patches to our Software onto your computer/smart device/entertainment system. You hereby allow our Software and its updates to be installed on your computer/smart device/entertainment system. Our Software will be made available to you in accordance with these Terms and an end-user license agreement for the Software. You may neither reverse-engineer, modify, reverse-compile or decompile, disassemble or copy the features and functions of our Software, nor may you charge anyone to use our Software.
You also understand that we will introduce various new technologies from time-to-time, which may or may not perform consistently across every platform since its performance is codependent on the configuration of your computer, the internet speed, your ISP and other associated devices and software. Some of the updates/patches provided by us might be critical to the functioning of our Software and Services, and hence it might be mandatory for you to allow them to install on your system/device.
Grant of Limited License
When you register for an individual Account with us, we grant you a limited, non-exclusive personal, non-transferable license to use our Services and proprietary software. However, you have to ensure that you use our Services only for your personal, private and non-commercial activities, except for when you register with us as a Business VPN user, and get a Business VPN account from us. This license shall be for personal use only, and you shall further be prohibited from reselling our Services, and allow other people to use your Account. Failure to comply may result in the termination of your Account.
You may have the opportunity to provide reviews, suggestions, ideas, and feedback, (hereinafter, collectively, “Feedback.”) Should you so provide such Feedback you grant us sole ownership of the same, which includes without limitation the right for us or any Third Party we designate, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed. All such Feedback shall be treated as non-confidential, but the Company might choose to protect your identity by keeping your identity anonymous.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the content submitted by you, you hereby declare that (a) you do not require that any personally-identifying information be used in connection with the content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the content by us or our licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the content; and (d) you forever release us, and our licensees, successors and assigns, from any claims that you could otherwise assert against us by virtue of any such moral rights. You also permit any other User to access, view, store or reproduce the content for that User's personal use.
Notwithstanding the foregoing, you acknowledge that your Feedback may contain concepts, ideas, materials, proposals, suggestions and the likes relating to MVPNTM or its initiatives, (hereinafter your “Ideas.”) With respect to your Ideas you acknowledge that: (a) we receive numerous submissions from many parties and/or may have independently developed and/or considered ideas similar to your Ideas, and that our review of your Ideas is not an admission of novelty, priority or originality; and (b) our use of any ideas similar to your Ideas, whether based on your Feedback or Submissions, provided to us by Third Parties, or independently developed or considered by us, shall be without obligation to you.
Intellectual Property Rights of Others
GZ Systems is a firm believer in the intellectual property rights of others and expects you to respect this right. Therefore, we strongly discourage our Users from engaging in any activity that can be construed as copyright and/or trademark infringement. File sharing is allowed on the following servers only: Afghanistan, Algeria, Angola, Armenia, The Bahamas, Bahrain, Bangladesh, Barbados, Belgium, Bermuda, Bolivia, British Virgin Islands, Brunei Darussalam, Bulgaria, Cambodia, Cape Verde, Cayman Islands, Chile, Colombia, Costa Rica, Denmark, Dominicia, Dominican Republic, El Salvador, Estonia, Ethiopia, Germany, Ghana, Gernada, Guatemala, Guyana, Haiti, Honduras, Kazakhstan, Kenya, Kyrgyzstan, Laos, Latvia, Lebanon, Lithuania, Luxembourg, Macao, Madagascar, Mauritiania, Mauritius, Moldova, Monaco, Mongolia, Montserrat, Myanmar, Netherlands, Nicaragua, Niger, Nigeria, Norway, Oman, Pakistan, Panama, Papua New Guinea, Paraguay, Peru, Portugal, Puerto Rico, Romania, Russia, Saint Lucia, Saudi Arabia, Senegal, Serbia, Seychelles, Slovenia, Sri Lanka, Suriname, Sweden, Tajikistan, Tanzania, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Turks and Caicos Islands, United Arab Emirates, Uzbekistan and Venezuela.
In appropriate circumstances and at our discretion, we may disable and/or terminate the Accounts of members who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others. If we remove your content and/or terminate your Account for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, we will respond expeditiously to claims of copyright infringement committed using our Website that are reported to our Designated Copyright Agent.
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Website by completing the following DMCA Notice of Alleged Infringement and delivering it to our Designated Copyright Agent. Upon receipt of the Notice, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged material from the Website.
How to file a DMCA Notice of Alleged Infringement ("Notice"):
If you receive a notification that your content has been removed due a copyright complaint and/or your Account terminated, it means that the content has been deleted from our Website at the request of the content's owner. If your Account receives too many copyright complaints, you may lose the ability to transmit new content, and your Account may be disabled completely.
If you believe content was removed in error and/or your Account terminated, you have the option to file a counter-notice by following the steps below. When we receive a valid counter-notice, we will forward a copy to the person who filed the original complaint. If we do not receive notice within ten (10) business days that the submitter of the original complaint is seeking a court order to prevent further infringement of the content at issue, we will remove the complaint from your Account's record, and we may replace the content that was removed at our discretion.
Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.
To file a counter-notice, email your counter-notice to firstname.lastname@example.org and include the following:
Third Party Advertisements and Promotions
We may, from time to time, run advertisements and promotions from Third Parties on the Website and/or the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such Third Party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of Third-Party advertisers on the Website and/or the Services.
Use of Third-Party Tools
We may provide you with access to Third-Party tools, over which we neither have any control nor any input on, nor do we monitor their use or performance.
You acknowledge and agree that we provide access to such tools on "as is" and "as available" basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional Third-Party tools.
Any use by you of optional tools offered through the Website is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant Third-Party provider(s).
We may also, in the future, offer new Services and/or features through the Website and/or the Services (including, the release of new tools). Such new features and/or Services shall also be subject to these Terms of Service.
Certain content, products and Services available via our Website and/or Services may include materials from Third Parties.
Third-Party links on the Services may direct you to Third-Party websites and/or services that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any Third-Party materials or websites and/or services, or for any other materials, products, or services of Third-Parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third-Party with whom you connect via the Services. Please review carefully the Third-Party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding Third-Party products should be directed to the Third-Party.
DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
(A) YOU AGREE THAT USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK. NEITHER US NOR OUR AFFILIATES NOR ANY RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSOR/S WARRANT THAT THE USE OF THE WEBSITE AND/OR THE SERVICES SHALL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE AND/OR THE SERVICES OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR CONTENT OF ANY INFORMATION PROVIDED.
(B) ANY DOWNLOADABLE SOFTWARE, PRODUCTS OR OTHER MATERIALS, WITHOUT LIMITATION, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AGAINST INFRINGEMENT, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS.
(C) IN NO EVENT SHALL WE, OUR EMPLOYEES, SUBSIDIARIES, PARENTS, AGENTS, PARTNERS, THIRD-PARTY CONTENT PROVIDERS, VENDORS, AND/OR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, AND MEMBERS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE AND/OR THE SERVICES.
(D) WE DISCLAIM ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION. BY UTILIZING THE WEBSITE AND/OR THE SERVICES YOU ACKNOWLEDGE AND AGREE TO OUR DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR OTHERWISE UTILIZE THE WEBSITE.
(E) YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE AND/OR THE SERVICES OR ANY OTHER GRIEVANCE, SHALL BE YOUR DISCONTINUATION OF ACCESS TO OR UTILIZATION OF THE WEBSITE AND/OR THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
You understand that GZ Systems cannot be held liable for any loss, corruption, alteration or removal of any content transmitted via our Services or through our Virtual Private Network. By agreeing to use our Services, you explicitly waive any rights to seek damages or hold the Company liable for any such loss, alteration, corruption or removal. If and when required, we may temporarily/permanently revise or discontinue all or any part of our Services, which might impact the way you use our Services, with or without notice. You agree that you or any third-party will not hold us liable for any such revision, suspension or discontinuation.
The above limitations shall survive these Terms and inure to the benefit of us and our affiliates and respective directors, officers, employees and agents.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US HARMLESS, AS WELL AS OUR AFFILIATES AND VENDORS AND RESPECTIVE DIRECTORS, OFFICERS, USERS AND AGENTS, FROM AND AGAINST ALL CLAIMS, SUITS, AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF OR RELATED TO (A) YOUR USE OF THE WEBSITE AND/OR SERVICES; (B) YOUR NONCOMPLIANCE WITH OR BREACH OF THIS AGREEMENT; (C) YOUR USE OF THIRD-PARTY SERVICES, PRODUCTS, LINKS, ADVERTISEMENT, AND/OR TOOLS; (D) YOUR VIOLATIONS OF ANY THIRD-PARTY RIGHTS, INCLUDING THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS; or (E) THE UNAUTHORIZED USE OF THE WEBSITE AND/OR SERVICES BY ANY OTHER PERSON USING YOUR INFORMATION.
These Terms shall be governed and construed in accordance with the laws of Hong Kong, without regard to its conflicts of legal provisions. You agree to submit to the personal jurisdiction of the courts located in Hong Kong and any cause of action that relates to or arises from these Terms and/or the Website and/or the Services must be filed therein unless subject to the binding arbitration provisions of Arbitration Section, infra.
Conflict Resolution; Arbitration
In the event that you have a dispute with us, concerning, relating, or referring to these Terms and/or the Website and/or the Services you agree to first provide us notice of the dispute and a thirty (30)-day cure period during which time we will work to resolve the issue with you, when and if appropriate and reasonable. In the event that the dispute cannot be resolved the Parties agree that it shall resolved exclusively by binding arbitration in accordance with the substantive laws of Hong Kong and shall be brought for arbitration in Hong Kong. The arbitrator and not any federal, state, or local court or agency shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, conscionability, or formation of this contract, including but not limited to any claim that all or any part of this contract is void or voidable. Nothing herein prevents either Party from seeking any interim injunction it deems necessary in order to preserve the status quo prior to the resolution of any dispute, in any jurisdiction.
Server Location; International Transfer
The data protection and other laws of other countries may not be as comprehensive as those in your country. Please be assured that we take reasonable steps to ensure that your privacy is protected. By using the Website and/or the Services you consent to your information being collected, used and transferred as set forth in the http://www.mvpn.com/privacy-policy.php.
Each Party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such Party and enforceable in accordance with its Terms.
Any waiver of a right under these Terms shall only be effective if agreed or declared in writing. A delay in exercising a right or the non-exercise of a right shall not be deemed a waiver and shall not prevent a Party from exercising that right in the future. The rights and remedies herein provided are cumulative and not exclusive of any rights and remedies provided by law.
We shall not be bound to meet any obligation if prevented from doing so as a consequence of acts of god or force majeure, including but not limited to measures taken or imposed by any government or public authority or in case of any other event beyond our control including but not limited to natural disasters (such as storm, hurricane, fire, flood, earthquake), war, civil unrest, terrorist activities, states of emergency, government sanctions, embargos, nationalizations, strikes and breakdowns of public utilities (such as of electricity or telecommunication services). We shall use all reasonable efforts to notify you of the circumstances causing the delay and to resume performance as soon as possible, both without undue delay.
We shall have the right to assign and/or transfer these Terms and our rights and obligations to any Third Party after notifying you as provided for herein. You agree and acknowledge that you shall not assign or transfer its rights or sub contract or delegate the performance of any of its obligations under these Terms without our prior written consent in our sole and exclusive discretion.
Rights of Third Parties
These Terms do not give any right to any Third Party except any provision in these Terms.
Relationship of the Parties
The Parties are independent contractors under these Terms, and nothing herein shall be construed to create a partnership, joint venture or agency relationship between them. Neither Party has authority to enter into Terms of any kind in the name of the other Party.
If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
The effective date of these Terms is 14 October 2016. From time to time, we may update these Terms of Service by prominently posting a notice of update to the Website or Member's Area or contacting you at the email you provided upon registration, so we encourage you to review them often.