Terms and Conditions of Use and Service
By using Diginonymous, LLC and its affiliate web sites, such as Covert Surfer (the "Site"), you are agreeing to comply with and be bound by, the following terms of use. Please review the following terms carefully. If you do not agree to these terms, you should not review information or obtain documents or software from this Site.
1. Acceptance of Agreement. The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Site constitutes your agreement to all such terms, conditions, and notices.
2. Copyright. The content, organization, graphics, logos, sounds, images, design, compilation and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed by Section 3, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Limited Right to Use. Except as otherwise indicated on this Site, you may view, print, copy, and distribute documents on this Site subject to the following terms and conditions:
3.1 The document may be used solely for informational, personal, non-commercial purposes;
3.2 Any copy of the document or portion thereof must include all copyright and proprietary notices in the same form and manner as on the original;
3.3 The document may not be modified in any way;
3.4 Diginonymous, LLC reserves the right to revoke such authorization at any time, and any such use shall be discontinued immediately upon notice from Diginonymous, LLC.
3.5 Documents specified above do not include the layout or design of this Site. Elements of this Site are protected by trade dress or other laws and may not be imitated or reproduced in whole or in part. Documents specified above do not include software, programs, logos, graphics, sounds or images on this Site, which may be reproduced or distributed only when expressly permitted by Diginonymous, LLC.
4. Editing, Deleting and Modification. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.
5. Software. Any software that is made available to download from this Site ("Software") is the property of Diginonymous, LLC. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("EULA"). An end user will be unable to install any Software that is accompanied by or includes a EULA, unless he or she first agrees to and accepts the EULA terms. The Software is made available for downloading solely for use by end users according to the EULA. Any reproduction or redistribution of the Software not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SITE OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
6. Indemnification. You agree to indemnify, defend and hold Diginonymous, LLC and/or its respective affiliates, resellers, distributors, service providers, suppliers, partners, attorneys, and staff (each a Diginonymous "Party" and collectively, the "Diginonymous Parties") harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
7. Nontransferable. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.
8. Disclaimer. DIGINONYMOUS, LLC AND/OR ITS PARTIES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED FOR YOUR USE AT YOUR OWN RISK AND "AS IS" WITHOUT WARRANTY OF ANY KIND. DIGINONYMOUS PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL DIGINONYMOUS, LLC AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF INFORMATION, CONTENT, DOCUMENTS, RELATED GRAPHICS, PROVISION OF OR FAILURE TO PROVIDE SERVICES AVAILABLE FROM OR THROUGH THIS SITE. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
THE INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DIGINONYMOUS PARTIES MAY, BUT ARE NOT OBLIGATED TO, MAKE IMPROVEMENTS AND/OR CHANGES IN THE INFORMATION, SERVICE(S), PRODUCT(S), AND/OR THE PROGRAM(S) DESCRIBED HEREIN AT ANY TIME.
9. Limits. All responsibility or liability for any damages caused by viruses contained within the Site is disclaimed. WE WILL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE.
10. Global Availability. Information that we publish on this Site may contain references or cross references to our products and services that are not announced or available in your country. Such references do not imply that we intend to announce such products or services in your country.
11. Links to Other Websites. The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
12. Information and Press Releases. The Site contains information and press releases about Diginonymous Parties. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
15. Services.
15.1 Description of Services. Diginonymous provides the registered user with encrypted access to the Internet via packet encryption technology terminating at Diginonymous encrypted proxy server locations, regardless of the connecting service providers network infrastructure (wireless or wired), from any Microsoft Windows© based Computer. In addition, our file encryption program allows you to encrypt, decrypt and destroy files for personal use. (Collectively known as the "Service"). Diginonymous makes the Service available under a number of different subscription plans. Please confirm that the plan for which you are registering meets your needs by reviewing our website or by emailing info@diginonymous.com. Unless otherwise stated, there is a Ten GigByte (10GB) download limit per month, per user.
15.2 Registration. To use the Service, you must submit a complete Diginonymous Parties' registration form on your behalf or agree to quoted terms delivered to you by electronic means by a Diginonymous sales representative or affiliate. As part of the registration process for the Service, you agree to: (1) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate) and (2) maintain and update this information as required to keep it current, complete and accurate. The information requested on the original signup shall be referred to as registration data ("Registration Data"). If Diginonymous discovers that any of your Registration Data is inaccurate, incomplete, or not current, Diginonymous may terminate your right to access and receive the Service immediately upon notice. Diginonymous will evaluate the registration application in good faith and will notify you in a timely manner regarding acceptance or rejection. Diginonymous may reject a registration application if it determines, in its sole discretion, that the user is not an appropriate subscriber, or user of the Service. Diginonymous reserves the right to refuse the Service to any user who has cancelled any number of previous Service accounts. Diginonymous need not provide a reason for its rejection. If Diginonymous rejects your application, then you may reapply and Diginonymous will reconsider the application. You may not register for this Service if you are under 18 years of age. By registering for this Service, you represent to Diginonymous, that you are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process, you will have opened an account with Diginonymous and will become a subscriber to the Diginonymous Service.
15.3 Fees and Payments. The fee for your subscription is either posted on Diginonymous Parties website, for individual accounts, or quoted and delivered via electronic means to you. Your subscription will continue and renew automatically unless terminated by Diginonymous or until you notify Diginonymous of your decision to change your subscription renewal. If there are any annual, monthly or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process for the respective Diginonymous Party, a credit card subsequently designated to Diginonymous at the start of the subscription period and at the start of each renewal period, or invoiced to you, unless you terminate your subscription for Diginonymous Services. (including any applicable taxes) at the rates in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your user account will be billed to the credit card designated during the registration process for Diginonymous, subsequently designated to Diginonymous, or invoiced to you. You are also responsible for any fees or charges incurred to access Diginonymous services through an Internet service provider or other third party service.
15.4 Cancellations or Refunds. For cancellation or refund requests, please use our Contact Us page to email us. You will need to provide your username and email address that you used to receive the download of our product. For subscriptions paid annually, you may receive a full refund within seven days from the purchase date. A refund will not be provided past those seven days. No refunds are available for month to month subscriptions. Once we are notified and acknowledge the notification, we will terminate the service at the end of that month's subscription. This agreement applies solely to you, and you may not assign rights or obligations to anyone else.
15.5 Credit Cards. Excluding invoiced corporate accounts, as a condition to your right to sue the Service, you must provide us with a corporate ID code (to access your company's subscription account, of which you are an authorized user) or a valid credit card number belonging to you or your company with available credit sufficient to apply the applicable Service fees. In the event that you cancel your credit card or it is otherwise terminated, you must immediately provide us with a new valid credit card number. You authorize Diginonymous, from time to time, to undertake steps to determine whether the credit card number you have provided to us is a valid credit card number. In the event that you do not provide us with a current valid credit card number with sufficient credit upon request during the effective period of this Agreement, you will be in violation of this Agreement, and we may terminate this Agreement with you and your service will be terminated immediately. In the event that you provide us with a debit card number instead of a credit card number, you authorize us to make all charges described in this Agreement to your debit card account.
15.6 Trial Offers, Demo Products, Coupons, Credits and Special Offers. Diginonymous reserves the right to discontinue or modify coupons, credit and special promotional offers at our discretion. The Free Trial offer associated with Diginonymous individual account entitles new, registered subscribers to a one-time/per-person, free trial usage of the Service. Attempts to abuse the free trial offer by signing up with multiple accounts for the same person or location may result in forfeiture of the free trial and an immediate charge to the credit card provided during registration. Free Trial terms vary by promotional offer. At the end of the trial period, you will be automatically subscribed and we will bill your credit card for the fees to the Service plan you selected at registration or to a default Service plan for trial subscribers selected by Diginonymous. If you wish to terminate the trial and do not wish to subscribe to a plan, you must cancel before the end of your trial period. For cancellation instructions, please see our Support page.
16. User Conduct
16.1 No unlawful or harmful use of Diginonymous Software/Services. You will not use Diginonymous software/services in any way that is unlawful, criminal, or harms Diginonymous Parties, or any customer of a Diginonymous Party, as determined in Diginonymous' sole discretion or any other person. You will not use Diginonymous software/services to harass or threaten any other party. You will not use Diginonymous software/services to crash, slow, or intentionally harm any computers system. You may not use Diginonymous software/services in any way that breaches any code of conduct, policy, or other notice applicable to Diginonymous. You will not use Diginonymous software/services to obtain unauthorized access to any computer system. You may not use Diginonymous software/services in any manner that could damage, disable, overburden, or impair any computer system or Diginonymous Web site or server (or the network(s) connected to any Diginonymous Web site) or interfere with any other party's use and enjoyment of Diginonymous Web sites or servers.
16.2 Disallowed uses of Diginonymous Software/Services. By using Diginonymous software/services, you agree to be bound, without limitation or qualification, by the following Policies. You agree not to use Diginonymous software/services to carry out unlawful activities. You agree not to use a robot, such as ReGet, GetRight, Go!Zilla, or any similar programs, to download content continuously in an unattended or attended basis. Diginonymous is not responsible in anyway for any damages or any losses, either directly or indirectly, arising from your use of the Software/Service, or by your inability to use the Software/Service. If you post messages through the Software/Service, or send email through the Software/Service you agree not to send anything that is unlawful. You agree that you will not use the Software/Service to: harass, threaten, or abuse others; invade the privacy of others; infringe the copyright and/or intellectual property of others; impersonate another person or entity; SPAM the Internet; do anything illegal. The Software/Services are provided ‘as is'. There is not warranty, expressed or implied, of any kind. Diginonymous does not warrant that the contents retrieved through the Software/Service are error free. You agree not to use the Software/Service to post or email messages of a spamming nature or in violation of Diginonymous' Anti-Spamming Policy.
17. Privacy Policy. Our Privacy Policy, as may be modified from time to time in our sole discretion, is hereby incorporated as part of this Agreement.
18. Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of Florida (without regard to conflict law principles). You hereby submit to the exclusive jurisdiction of, and waive any venue objections against, the United States District Court for the Middle District of Florida and the Superior and Municipal Courts of the State of Florida, Pinellas County, in any litigation arising out of this Agreement. You expressly submit to the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. This Agreement, together with the Privacy Policy and EULA, constitute the entire and only agreement between us and you and supersedes any and all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site and the content provided by or through the Site, and the subject matter of this Agreement. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor the right to enforce such provision.
