Terms of Service
This is an agreement between you and pandapow.com for the Virtual Private Network (VPN) communications services and related services and features (“the Service”). The Agreement that governs your Use of the Service include these Terms and Conditions, any PandaPow Service Agreement you have agreed to, and the specific Payment Plan or Service Plan Information that applies to your account. Your activation and use of the Service represents your agreement to be bound by these Terms & Conditions and a representation you are 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.
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 Service, whether via e-mail, usenet, or any other communication channel.
- Sending or transmitting any illegal content over the Service, whether via e-mail, Usenet, or any other communication channel.
- 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.
- Engaging in any conduct that restricts or inhibits any other Account Holder from using or enjoying the Service.
- Attempting to access, probe, or connect to computing devices without proper authorization.
- Posting to or transmitting through the Service any unlawful, harmful, threatening, abusive, harassing, 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 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 PandaPow 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 installation process for the Service.
Actual service coverage, speeds, locations and quality may vary. PandaPow will attempt to make the Service available at all times. 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. 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. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
Account Holder is responsible for maintaining the confidentiality of his/her security credentials, and/or passwords (if any) and is liable for any harm resulting from disclosing or allowing disclosure of any password or sharing of security credentials. In the event of a breach of security, Account Holder will remain liable for any unauthorized use of the Service until Account Holder notifies PandaPow. Concurrent or simultaneous logins from the same account are prohibited.
PandaPow does not and will not actively monitor user sessions for inappropriate behavior, nor do we maintain direct logs of any customer’s Internet activities. However, PandaPow reserves the right to investigate matters we consider to be illegal or violations of these T’s&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 e-mails) 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 PandaPow, or its customers, to liability. PandaPow 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.
PandaPow will never intentionally disclose any private electronic communication or personal customer information.
PandaPow reserves the right to terminate an account immediately for violating any part of this agreement.
Limitation of Liability and Disclaimer of Warranty
ACCOUNT HOLDER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT ACCOUNT HOLDER’S SOLE RISK. NEITHER PANDAPOW, ITS EMPLOYEES, AFFILIATES, AGENTS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE, WARRANT THAT THE 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 SERVICE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE SERVICE. NEITHER PANDAPOW NOR ANY OF ITS INDEPENDENT NETWORK SERVICE PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESSED OR IMPLIED. THE SERVICE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF PANDAPOW, 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 PANDAPOW IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
All trademarks appearing on the service are trademarks of their respective owners.