Terms and Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

License to use website

Unless otherwise stated, Turbo VPN Inc. and/or its licensors own the intellectual property rights published on this website and materials used on Turbo VPN Inc.. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:
  • republish material from this website in neither print nor digital media or documents (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website – except for content specifically and expressly made available for redistribution; or
  • republish or reproduce any part of this website through the use of iframes or screenscrapers.
Where content is specifically made available for redistribution, it may only be redistributed within your organisation.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of Turbo VPN Inc. or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities on or in relation to this website without Turbo VPN Inc.’s express written consent. This includes:
  • scraping
  • data mining
  • data extraction
  • data harvesting
  • ‘framing’ (iframes)
  • Article ‘Spinning’
You must not use this website or any part of it to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without the express written consent of Turbo VPN Inc..

Restricted access

Access to certain areas of this website is restricted. Turbo VPN Inc. reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. Turbo VPN Inc. may change or modify this policy without notice. If Turbo VPN Inc. provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.. Turbo VPN Inc. may disable your user ID and password at Turbo VPN Inc.’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose. You grant to Turbo VPN Inc. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Turbo VPN Inc. the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Turbo VPN Inc. or a third party (in each case under any applicable law). You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. Turbo VPN Inc. reserves the right to edit or remove any material submitted to this website, or stored on the servers of Turbo VPN Inc., or hosted or published upon this website. Turbo VPN Inc.’s rights under these terms and conditions in relation to user content, Turbo VPN Inc. does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Disclaimers: Cautions and Restrictions

Disclaimer

  1. As a condition of your use of the Services, you acknowledge and accept that 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 Services.
  2. You acknowledge and understand that the Services are being primarily marketed and offered to you as an optimized Virtual Private Network (“VPN”) privacy solution, offering selective, private browsing through proxy technology in a manner that optimizes your Internet browsing experience in terms of speed and downloading time, and that our technical support for anonymization with respect to specific domains is, will  be, and/or has been, offered to you for the sole purposes of selectively anonymizing your IP address, in accordance with the standards of the VPN industry, in a manner that will optimize your Internet browsing experience in terms of speed and download times ( for example, to ensure that VPN proxying does  not incidentally impair the speed of delivery of content that is being offered to you by a third party through that party’s content delivery network). Accordingly, you acknowledge and agree that we are not in a position to determine your particular reasons for using the Services, other than for the generalized motivation to selectively anonymize your Internet browsing while optimizing your browsing for speed of download.
  3. You further acknowledge and agree that we are not in the position to determine whether you are particularly using the Services to facilitate contractual relations with any particular third party. Accordingly, you acknowledge and agree that using the Services to facilitate and optimize your private access to any third party services and/or content is solely at your own risk and discretion.
  4. 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 Services. 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 Services.
  5. Having regard to the foregoing, you acknowledge and agree that the technical support we offer in respect of selectively anonymizing your IP address for particular domains is strictly offered for the purposes enunciated herein this Agreement, and should not be, and will not be, interpreted by you as an endorsement by us of any particular domain’s services and/or content, nor should such technical support be interpreted by you as an inducement from us to engage in contractual relations with any third party.

Disclaimer – Privacy

    1. Though we offer selectively private browsing options through the Services, you acknowledge and understand that the extent of privacy offered through the Services is solely determined through the manner by which you choose to use these Services.
    2. If you choose to use the Services to access web sites, services, or content from parties that require your personal information in order to access their services and/or content, you acknowledge and agree that we cannot be made responsible and/or liable by you for any personal information that you provide to a third party in order to access their services and/or content.
    3. 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. Accordingly, you understand and agree that we have no responsibility for, and knowledge of, third party privacy policies, nor do we have responsibility for, and knowledge of, their or your compliance with such policies.

Disclaimer – Legal Notices

    1. As a condition of your use of the Services, you further acknowledge and accept that we are bound to comply with any and all legal notices that may be delivered to us, whether from private or public sources, including, but not limited to, any legal notices relating to applicable statutes and regulations.
    2. Pursuant to the delivery of any legal notice, we may be required to block access through the Services to certain information, transmissions, third party services, products, or domains in order to protect the Services, our network, the public, and our users.   Accordingly, you acknowledge and agree that our compliance with legal notices under such circumstance shall not constitute grounds for your launching any legal or arbitration action against us, nor shall such compliance under these circumstances entitle you to any refund, particularly where the Services are otherwise functional with respect to any other domains and other selectively privatized browsing uses.  At all times, whatever the circumstances, our termination and refund policies below will apply.
    3. Accordingly, if, for any reason, the Services are discontinued in order to comply with legal notices or any applications of law, you agree that any such discontinuation for reasons of our legal compliance, and/or for reasons of limiting any legal liability, will be treated by you as a normal cancellation of service,  effective on the date of such discontinuation of service, at which point our termination terms and refund policies will apply as if you had initiated the cancellation at that date.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Turbo VPN Inc. makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Turbo VPN Inc. does not warrant that:
  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Turbo VPN Inc. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if Turbo VPN Inc. has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Turbo VPN Inc. in respect of any:
  • death or personal injury caused by the negligence of Turbo VPN Inc. or its agents, employees or shareholders/owners;
  • fraud or fraudulent misrepresentation on the part of Turbo VPN Inc.; or
  • matter which it would be illegal or unlawful for Turbo VPN Inc. to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Turbo VPN Inc. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Turbo VPN Inc.’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Turbo VPN Inc.’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Turbo VPN Inc..

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Turbo VPN Inc. and undertake to keep Turbo VPN Inc. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Turbo VPN Inc. to a third party in settlement of a claim or dispute on the advice of Turbo VPN Inc.’s legal advisers) incurred or suffered by Turbo VPN Inc. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Turbo VPN Inc.’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Turbo VPN Inc. may take such action as Turbo VPN Inc. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Turbo VPN Inc. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Turbo VPN Inc. may transfer, sub-contract or otherwise deal with Turbo VPN Inc.’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with Turbo VPN Inc.’s Privacy Policy constitute the entire agreement between you and Turbo VPN Inc. in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of St. Michael, Barbados, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of St. Michael, Barbados.

Refund and Cancellation Procedure

Turbo VPN Inc. provides a fully functional 7 day free trial for you to confirm that our DNS services work well with your needs. Because we provide a 7 day free trial of our services without payment, Turbo VPN Inc. assumes that once you sign up for our paid monthly subscription, you in fact understand and accept the services we provide. Refunds on previous months services are not accepted under any circumstance. You may cancel your paid subscription at anytime prior to your next billing date, simply by logging into the members area, go to http://turboflix.com/my-account and click cancel subscription.

Turbo VPN Inc.

The full name of Turbo VPN Inc. is Turbo VPN Inc.. You can contact Turbo VPN Inc. by email at our email address link at the top of this Terms and Conditions document. October 1st, 2014