Kryptnet Terms of Use
Welcome to Kryptnet. You must read and agree to these terms and conditions before you use the Kryptnet VPN service. By using the Kryptnet VPN service, you are agreeing to these Terms of Use. These Terms of Use apply to all users of the Kryptnet VPN service. If you do not agree to any of these terms, then please do not use the Kryptnet VPN service.
This Kryptnet VPN service Terms of Use Agreement ("TOU") is a legal agreement between you (the "User") and Kryptnet for the use of the Kryptnet VPN service.
General
One important aspect of the Internet is that no one party owns or controls it. Kryptnet allows its users to visit the Internet and intereact with it, but does not alter, screen or filter any part or aspect of the internet with the possible exception of speed and connectivity.
Likewise, Kryptnet does not take responsibility for any information its clients may create. When clients place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Nor does Kryptnet take responsibility for any other internet activity of its clients.
Responsibility
As the User, you agree to take full responsibility for all activities you carry out while using Kryptnet. If you do anything found by your government or other third party to be illegal, Kryptnet is in no way liable for it. By agreeing to these terms, you make all attempted claims that would otherwise make us responsible null and void.
IP addresses you may be assigned as part of the service are the property of Kryptnet, and we may alter or replace them at any time. If your account is suspected to have been 'hijacked' by another party or is proven to be involved in illegal activity, Kryptnet reserves the right to suspend that account indefinitely (or until resolution is achieved).
Prohibited Activities
A Kryptnet user violates Kryptnet policy and the Terms of Use when the user, its customers, affiliates, or subsidiaries engage in the following prohibited activities:
- Spamming
- Intellectual Property Violations
- Defamatory or Abusive Language
- Forging of Headers
- Illegal or Unauthorized Access to Other Computers or Networks
- Background Running Programs
- Distribution of Internet Viruses, Worms, Trojan Horses, or Other
- Destructive Activities
- Facilitating a Violation of this TOU
- Any Other Illegal Activities
It is Kryptnet's policy to terminate the privileges of customers who commit violations of Kryptnet's Terms of Use.
Spamming is the sending unsolicited bulk and/or commercial messages over the Internet. Maintaining an open SMTP relay is prohibited. When a complaint is received, Kryptnet has the discretion to determine from all of the evidence whether the e-mail recipients were from an "opt-in" e-mail list.
Intellectual Property Violations is the engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. Kryptnet is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement laws.
Defamatory or Abusive Language refers to the use of Kryptnet as a means to transmit or post defamatory, harassing, abusive, or threatening language.
Forging of Headers refers to the forging or misrepresenting of message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks is accessing illegally or without authorization computers, accounts, or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). This violation also includes any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).
Background Running Programs - Background Daemons in general are prohibited on servers connected to the Kryptnet VPN service, including, but not limited to, IRC bots, eggdrop, BitchX, XiRCON, warez sites and any other programs that interfere with normal server operation. Kryptnet has the sole responsibility of deciding what consitutes a violation of the above policy.
Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities refers to the distributing of information regarding the creation of and sending of internet viruses, worms, Trojan horses, pinging, flooding, mailbombing, or denial of service attacks. Also, it includes any activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.
Facilitating a Violation of this TOU refers to advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this TOU, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
Other Illegal Activities refers to engaging in activities that are determined to be illegal, including but not limited to accessing paedophile websites.
Other Activities refer to any activity, including lawful ones, that Kryptnet determines to be harmful to its clients, operations, reputation, goodwill, or customer relations.
The responsibility for avoiding the harmful activities just described rests primarily with the client. Kryptnet will not, in normal practice, monitor the communications of its clients to ensure that they comply with Kryptnet policy or applicable law. When Kryptnet becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing the User's access to the Kryptnet VPN service or other actions Kryptnet deems appropriate.
Quality
The Services are provided on an "as is" and "as available" basis. Kryptnet does not warrant that the services will be uninterrupted, error-free or free of viruses (or other harmful components).
The Service speed can vary depending on location, line quality, Internet traffic, and other factors beyond the control of Kryptnet. We cannot guarantee upload or download speeds. The Service may only work using certain internal network configurations and/or proxy server configurations. Some services may require the use of specific hardware and/or software and may be limited by specific geographic location.
Limitation of Liability
Kryptnet makes no express warranties and waives all implied warranties including, but not limited to, warranties of title, non-infringement, merchantability and/or fitness for a particular purpose regarding any merchandise, information or service provided through Kryptnet or the Internet generally.
In no event shall Kryptnet, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the \Kryptnet VPN service, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may through the Kryptnet VPN service or the Kryptnet.com website by any third party. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Kryptnet shall not be liable for any content found on the internet and that the risk of harm or damage from the foregoing rests entirely with you
Indemnity
You agree to defend, indemnify and hold harmless Kryptnet, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Kryptnet VPN services; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right;. This defence and indemnification obligation will survive these Terms of Use and your use of the Kryptnet VPN service.
Governing Law
This Terms of Use shall be deemed to have been made in, and shall be construed pursuant to the laws of The Netherlands, without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods. The sole jurisdiction and venue for any dispute regarding the terms of this Terms of Use or any action relating to the subject matter hereof shall be the courts of The Netherlands.
Miscellaneous Provisions
This Terms of Use comprises the entire understanding between the parties with respect to its subject matter and supersede any previous or contemporaneous communications, representations, or agreements, whether oral or written. No modification of this Terms of Use will be binding on Kryptnet unless in writing and signed by an authorized representative of each party. Neither this Terms of Use nor any right, privilege, license or obligation set forth herein may be assigned, transferred or shared by user without Kryptnet's prior written consent, and any such attempted assignment or transfer is void. In the event any provision of this Terms of Use is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired.
