Terms of Service

Effective Date: May 1, 2020

These Terms of Service (“Terms”) govern your use of the www.surfshell.io website (the “Website”) and the ShellVPN and related services (“Services”), which are owned and operated by surfshell,LLC. (“ShellVPN,” “we” or “us”). By accessing the Website or registering for or using the Services, you agree to these Terms in their entirety. Please read these Terms carefully before you access the Website or Services, as these Terms form a binding legal agreement between you and ShellVPN.Our Privacy Policy is incorporated by reference into these Terms, and is subject to the provisions of these Terms (our privacy policy can be accessed at surfshell.io/privacy-policy.IF YOU DO NOT AGREE TO ALL OF THE TERMS OF SERVICE, DO NOT ACCESS OR USE THE WEBSITE OR OUR SERVICES. BY ACCESSING OR USING THE WEBSITE AND OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS.

Amendments of Terms

We reserve the right to change, add or remove any part of these Terms, at any time without prior notice to you other than posting the updated version on the Website. Such modification shall be effective immediately upon posting on the Website. Please check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide an additional notice of any changes through reasonable means. Your use or continued use of the Website or Services following the posting and/or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies. If you do not agree to the amended Terms you must immediately leave the Website and cease all use of our Services.

Services

You understand that ShellVPN is providing you with a virtual private network (“VPN”) service, which includes, but is not limited to, the use of servers, transport, routers, IP addresses and other equipment and protocols to transmit information over our network (the “System”). You agree to abide by these Terms with respect to your use of the Services.

Authorized User

You affirm that you are either more than eighteen (18) years of age or a valid legal entity, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms contained herein. Users under eighteen (18) years of age are expressly prohibited from submitting any of their information to us, and from using portions of the Website and our Services for which registration is required.

Personal Information

Accuracy. By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us if your information changes.

Privacy. You expressly agree that we may use your information in accordance with the terms of the ShellVPN Privacy Policy, which you can find and read at surfshell.io/privacy-policy.

No-logs

ShellVPN adheres to a strict no-logs policy. It means that when you are connected to our VPN no information, which could identify what you browse, view or do online, is stored. We do not collect information that would allow us to trace Internet usage on ShellVPN back to individual users. Only very limited data is processed in order to comply with applicable laws and provide Services to you.

Limited License

ShellVPN grants you a personal, limited, non-transferable, non-exclusive license to use ShellVPN Website content and the Services, solely for your personal, private and non-commercial use in connection with the ShellVPN Services accessed by you. This license is personal to you, and you may not sell our Services, permit other users access to our Services through your account, or use the Services or our System to host content for others. You may not copy or download any content from the ShellVPN Services except with the prior written approval of ShellVPN.

Without the prior written approval of ShellVPN, you may not (and may not allow a third party to) distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer, attempt to reconstruct, attempt to identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Software by any means whatsoever, attempt to circumvent any use restrictions or otherwise make unauthorized use of Website content or Services. Any commercial use is expressly prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Website and Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the ShellVPN Services you are using.

Making unauthorized copies or distribution of Website content may result in the termination of your ShellVPN account, prohibition on use of ShellVPN Services, and further legal action.

Software

The Services may require or allow you to download software, software updates or patches, or other utilities and tools onto your computer, entertainment system or device (“Software”). The Services, including the Software, is licensed, not sold, to you. ShellVPN grants to you a non-exclusive, limited license to use ShellVPN Software solely for the purpose stated by ShellVPN at the time the ShellVPN Software is made available to you and in accordance with these Terms. Your use of the ShellVPN Software may be subject to the terms of an end-user license agreement. You may not sub-license, or charge others to use or access ShellVPN Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from ShellVPN Software. You may not modify ShellVPN Software or use it in any way not expressly authorized in writing by ShellVPN. You understand that ShellVPN’s introduction of various technologies may not be consistent across all platforms and that the performance of ShellVPN Software and related ShellVPN Services may vary depending on your computer and other equipment. From time to time, ShellVPN may provide you with updates or modifications to ShellVPN Software. You acknowledge and agree that certain updates and modifications may be required in order to continue use the ShellVPN Software and ShellVPN Services.

Use of Services

ShellVPN is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services or on our System. By using our Services, you expressly waive the right to seek damages and agree to hold ShellVPN harmless for any such loss, alteration, corruption or removal.

ShellVPN may also at any time modify or discontinue, temporarily or permanently, all or any part of the Services or your account, with or without notice, and you agree that ShellVPN will not be liable to you or any third party for any such modification, suspension or discontinuance. Our Services are not intended to be used in countries where offering or providing the Services is illegal.

Third-Party Content

We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. We are not a publisher of third-party content accessed through the Services 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. We do not promise that the contents of any linked sites are accurate, compliant with local, state or federal law, including any intellectual property laws. Your use of any linked site is at your own responsibility and you assume all responsibilities and consequences resulting from such reliance.

If you choose to access and use third-party websites, services or content, or purchase products from third parties, including without limitation through third-party payment vendors while using the Services, your personal information may be available to a third-party content provider. If you choose to visit or use any third-party products or services, ShellVPN policies and these Terms will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with third parties. 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 our policies. ShellVPN has no responsibility for any third party’s policies, or any third party’s compliance with them.

Acceptable Conduct

You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services, or our Software or System, to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:

Copyright Protected Materials

ShellVPN reserves the right to terminate in appropriate circumstances the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the System that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder.

Export

The Services and Software may be subject to export control restrictions of the United States, the European Union, Canada or other jurisdictions. By using the Services or downloading any Software from ShellVPN, you warrant that you are not located in any country, or exporting the Software to any person or place, to which the United States, the European Union, or any other jurisdiction has embargoed goods. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or Software subject to restrictions under such laws to a national destination prohibited by such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to Services any content, data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. The assurances and commitments in this Section shall survive termination of these Terms.

Access Restriction or Termination

You acknowledge and agree that ShellVPN, in its sole discretion, for any or no reason, and without penalty, may restrict or terminate your use of the Services or the Software at any time, and that ShellVPN may also in its sole discretion and at any time discontinue providing access to the Service, or any part thereof, with or without notice. You agree that any restriction or termination of your access to the Service may be effected without prior notice and you agree that ShellVPN will not be liable to you or any third party for any such restriction or termination.

Security

You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting these data. Access to the System, our Services, the Internet, and to certain online transactions involves the use of identification numbers, passwords, payment accounts or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, the System or of any Private Documentation, and shall promptly report to ShellVPN any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. Account sharing (e.g. allowing others to use your account information to access the Services) is not permitted.

Children and Minors

By using our Services, you affirm that you are at least 18 years of age. You understand that the Internet may contain information which may be offensive, may be illegal in various jurisdictions or may be inappropriate for certain ages and that ShellVPN is not responsible for detection and removal of such information. In accordance with the Children’s Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from children under 13.

DISCLAIMER OF WARRANTY

Actual service coverage, speeds, locations and quality may vary. ShellVPN will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services 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, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.

YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITE, ALL WEBSITE INFORMATION AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. ShellVPN DOES NOT WARRANT THAT THE WEBSITE OR SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. ShellVPN DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, ShellVPN’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE WEBSITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL ShellVPN, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WEBSITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR WEBSITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE WEBSITE AND SERVICES.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT ShellVPN SHALL NOT BE LIABLE FOR DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Indemnity

You agree to indemnify, defend, and hold harmless ShellVPN, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website or Services, your violation of these Terms, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. ShellVPN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.

General Terms

Entire Agreement. These Terms, along with any rules, guidelines, or policies published on the Website constitute the entire agreement between ShellVPN and you with respect to your use of our Website and Services.

Amendments. No amendment to these Terms by you shall be effective unless acknowledged in writing by ShellVPN. Notwithstanding the foregoing, ShellVPN reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.

Jurisdiction. These Terms shall be governed by, and construed in accordance with, the laws of the state of Wyoming, without reference to its choice of law rules.

Dispute resolution. All claims, disputes, or other differences including but not limited to all claims, defenses, counterclaims, disputes or other differences arising from or relating in any way to the Terms and Services (whether contractual, tortious, or otherwise in nature) – shall be exclusively resolved by binding arbitration (all aspects of which shall be kept strictly confidential) pursuant to the United States of America Federal Arbitration Act and the Commercial Arbitration Rules of the American Arbitration Association, with arbitration to occur in Sheridan, Wyoming, USA before a sole arbitrator, and the American Arbitration Association to administer the arbitration. The arbitrator, who shall have the exclusive power to rule on his or her own jurisdiction, including but not limited to any objections with respect to the existence, scope or validity of this arbitration provision, shall award the prevailing party attorney’s fees, costs and expenses in connection with the arbitration (including, if applicable, its expert witness expenses and attorney’s fees associated with its internal attorney hours), including but not limited to any appeal or enforcement proceedings. Prior to or in the absence of any such award, the costs and expenses charged by the arbitrator and the American Arbitration Association shall be split equally amongst the parties. The award of the arbitrator shall be accompanied by a detailed statement of the reasons upon which the award is based. Any award or judgment will be enforceable in any court of competent jurisdiction. The arbitrator shall issue a final award within one hundred and twenty days of the filing of the arbitration demand.

No class actions. You and ShellVPN agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. Further, unless both you and ShellVPN agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Also, the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other ShellVPN customers.

Limited Time to Bring Claim. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Website or Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.

Severability. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.

Assignment. You may not assign its rights or obligations under these Terms without the prior written consent of ShellVPN, but may be assigned by ShellVPN without restriction.

Non-Waiver. ShellVPN’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.

If you have questions or concerns regarding these Terms, please contact us at [email protected]