LICENSE AGREEMENT AND TERMS OF SERVICE
This is an Agreement between you, the user, and us, Private Communications Corporation (“PCC”) with respect to your use of PCC’s security software service, Private WiFi. You must agree to the terms of this Agreement to use Private WiFi. If you do not agree to the terms of this Agreement, then you may not use Private WiFi.
Private Communications includes Private Communications Corporation, its parent companies, subsidiaries, affiliates, officers and employees.
BY INSTALLING, COPYING, ACCESSING, OR USING PRIVATE WIFI, YOU ACCEPT THE TERMS OF THIS AGREEMENT.
WARNING: This program is protected by copyright law and international treaties. Unauthorized reproduction or distribution of this program, or any portion of it, may result in severe criminal and civil penalties, and will be prosecuted to the maximum extent possible under law.
Private WiFi provides the ability to send and retrieve internet data privately over unsecured end-user connections, such as public WiFi networks, local area networks, and internet service provider networks.
Private WiFi is (i) the Private WiFi End User Software you install on your device, such as your computer, cellular phone, tablet, or other device (“Device”), and (ii) the Private WiFi Networks and Servers that support the Private WiFi End User Software. Private WiFi also includes any updates, supporting technology, or technical support, to the Private WiFi End User Software, Networks or Servers. As related to your use of Private WiFi, we may, but are not obligated to, update or change the functionality and availability of Private WiFi at any time, without notice.
We Own Private WiFi
Private Communications Corporation is the exclusive owner of Private WiFi. This ownership includes ownership of all patents, copyrights, trademarks, trade names, trade secrets, and other proprietary rights, including any images, animations, video, audio, text, data, program or software code, and any other legally protectable material included in Private WiFi, both now and in the future.
Private WiFi User Account and Subscription Fee
To use Private WiFi, you must signup for a Private WiFi User Account through PCC or through a third party distributor, such as AOL or others. If your Private WiFi User Account is through PCC, you will be billed by PCC and your Subscription Fee varies based on the subscription plan you purchase. If your Private WiFi User Account is through a third party distributor, you will be billed directly by that third party distributor in accordance with their billing options.
In the case of automatically renewing subscriptions, all subscriptions automatically renew until you cancel the automatic renewal. The Subscription Fee may change from time to time. Prior to any fee changes, Private WiFi or the third party distributor will give you advance notice and will request your express, informed, affirmative consent. If you decline to accept a Subscription Fee increase, you must cancel your Private WiFi User Account and stop using Private WiFi effective upon expiration of your current subscription. Simple cancellation procedures are provided below.
PCC will honor all valid and genuine free-trials, money back guarantees and other promotions offered or authorized by PCC from time to time.
You are entirely responsible for maintaining the confidentiality of the information associated with your Private WiFi User Account. You must keep your information up-to-date.
Use of Private WiFi
A valid and active Private WiFi User Account gives you the right to use Private WiFi on your authorized Device(s) to send and retrieve internet data privately over unsecured end-user connections (“License”). You may not use Private WiFi for any other purpose. You may not share or give or trade or assign Private WiFi to any other user. If another user wants to use Private WiFi on their Device(s), that user must sign up for a Private WiFi User Account with PCC or a third party distributor. It may be possible to transfer a Private WiFi User Account for use on a single Device from one Device to another by contacting Support@PrivateWiFi.com.
We are licensing, not selling, Private WiFi to you for the uses herein specified. You do not own any part of Private WiFi. You agree not to challenge our rights in Private WiFi and not to assert any claim to Private WiFi except pursuant to this License.
YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT OCCUR THROUGH THE USE OF YOUR PRIVATE WIFI USER ACCOUNT.
Prohibited Uses of Private WiFi
You may not use Private WiFi to do any of the following, whether or not for profit:
- Share, copy or distribute Private WiFi with others;
- Reverse engineer, decompile or disassemble Private WiFi;
- Resell or rebrand Private WiFi;
- Interfere with or disrupt Private WiFi or any network or Device, including by viruses or other malicious or harmful programs;
- Exceed normal bandwidth usage to the detriment of other users, as determined by us in our sole discretion;
- Send spam email;
- Defame, abuse, harass, stalk, threaten, or otherwise violate anyone else’s legal rights;
- Publish or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material/information;
- Harvest or collect information about others, including e-mail addresses, without their express consent;
- Use a false identity;
- Transmit any material protected by intellectual property laws, rights of privacy or publicity or any other applicable law without obtaining all necessary consents;
- Attempt to gain unauthorized access to any network or Device;
- Interfere with another user’s use and enjoyment of Private WiFi;
- ANY UNLAWFUL PURPOSE, INCLUDING ILLEGAL EXPORT, OR TO AID OR ATTEMPT TO CONCEAL ANY UNLAWFUL ACT; or
- Any other restrictions on usage of Private WiFi, which we in our sole discretion may hereafter promulgate, provided that we give you notice of the existence of such restrictions.
IF YOU FAIL TO ADHERE TO ANY OF THE TERMS OF THIS AGREEMENT, WE WILL BLOCK YOUR USE OF PRIVATE WIFI AND MAY DELETE YOUR PRIVATE WIFI USER ACCOUNT.
FURTHER, FAILING TO ADHERE TO ALL THE TERMS OF THIS AGREEMENT IS A BREACH OF THIS AGREEMENT FOR WHICH YOU MAY OWE US MONEY AND ALSO MAY VIOLATE UNITED STATES, INTERNATIONAL, AND OTHER CIVIL AND CRIMINAL LAWS.
You agree to notify us immediately of any unauthorized use of your Private WiFi User Account or any other security breaches you discover.
PCC’s Money-Back Guarantee
If you purchased Private WiFi directly from PCC, PCC offers an unconditional Money-Back Guarantee if you are unsatisfied with Private WiFi for any reason during the first thirty (30) days of your paid subscription. Simply cancel your subscription as provided for in the Cancelling and Termination section below and contact Private WiFi at Support@PrivateWiFi.com to receive a full refund of your initial charge.
For App Store purchases, please note that to be eligible for PCC’s unconditional Money-Back Guarantee you must contact Private WiFi directly, as described above, within thirty (30) days of your initial charge. Do not contact the App Store; the App Store will not honor any refunds.
If your Private WiFi subscription is billed through a third party distributor, such as AOL and others, please contact that third party distributor directly to inquire about a refund. PCC is a separate legal entity from third party distributors who manage their own billing for a variety of services they may offer to you. As such, PCC cannot be responsible for any refunds that they may or may not offer to their customers.
Cancelling and Termination
You control your Private WiFi subscription and, in the case of automatically renewing subscriptions, you may cancel at any time prior to the renewal date. To cancel, simply go to the My Account screen of your Private WiFi User Account, select “Change Billing” and then follow the steps to update subscription details and cancel your subscription. You may also cancel by contacting Private WiFi directly at Support@PrivateWiFi.com. Other than during the first thirty (30) days of your subscription, there is no refund for a cancellation in the middle of a payment cycle; you may continue to use Private WiFi under the terms of this Agreement until the end of the payment cycle, at which time your cancellation will become effective.
To cancel a Private WiFi subscription purchased through an App Store, simply stop using Private WiFi on your Device(s) and do not purchase any additional megabytes of data.
To cancel a Private WiFi subscription purchased through a third party distributor you must contact that third party distributor directly.
We may terminate your right to use Private WiFi at any time for any reason, with or without advance notice, by sending notice to the email address in your Private WiFi User Account. Upon our termination, you shall be entitled to a refund of the unused portion of your subscription, except if your termination is because you have failed to follow the terms of this Agreement.
Upon termination or cancellation, the License shall be void, you will no longer have the right to use Private WiFi, and we may permanently delete your Private WiFi User Account. Use by you of Private WiFi after the termination or cancellation of this Agreement violates applicable laws and treaties and may subject you to criminal and civil penalties.
Excellent Protection and Privacy
You understand and agree that while Private WiFi provides excellent, state-of-the-art, protection and privacy of your data, no software, including Private WiFi, provides absolute protection and privacy.
Private WiFi is not a substitute for antivirus software or firewall protection, which provide different forms of data protection. We strongly recommend that you use Private WiFi in conjunction with antivirus software and firewalls. We also recommend that you adjust the privacy settings on your Device to limit any file sharing.
YOU AGREE THAT WE ARE NOT LIABLE FOR ANY PROTECTION FAILURE OR PRIVACY BREACH OF YOUR DATA BY ANY THIRD PARTY. YOU IRREVOCABLY WAIVE ALL RIGHTS TO SUE US, OR MAKE ANY CLAIM AGAINST US, FOR ANY PROTECTION FAILURE OR PRIVACY BREACH THAT WAS NOT IMMEDIATELY, DIRECTLY AND EXCLUSIVELY CAUSED SOLELY BY OUR GROSS NEGLIGENCE.
Your Data Confidentiality
We take seriously the privacy of your data. While we do maintain sets of logs containing certain information necessary to manage our servers, the only information that is traceable to individual users is the amount of time spent on our network and the total volume of data transmitted. We do not monitor or record the sites that you visit nor the contents of any internet communication you create, send or receive during the course of your use of Private WiFi. We may be required by governmental or law enforcement agencies or by court order to disclose, or allow agency access to, your data, including data we keep about you and data you send or receive using Private WiFi, in connection with a criminal investigation or other legally required purpose. Additionally, we reserve the right to disclose your data in resolving any dispute with you. By using Private WiFi, you consent to these disclosures.
At Your Own Risk; Disclaimer of Liability
You agree that you use Private WiFi entirely at your own risk and you agree to not sue Private Communications for any harm to you or your Device from using Private WiFi.
PRIVATE COMMUNICATIONS DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RESULTING FROM ANY USE OF PRIVATE WIFI. IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE PRIVATE WIFI OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT. NOTWITHSTANDING ANY DAMAGES THAT YOU OR ANY OTHER PERSON MIGHT INCUR, PRIVATE COMMUNICATIONS’ ENTIRE LIABILITY TO YOU OR ANY OTHER PERSON SHALL NOT EXCEED THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US.
PRIVATE COMMUNICATIONS DOES NOT REPRESENT OR WARRANT THAT USE OF PRIVATE WIFI WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT PRIVATE WIFI IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT NO ONE WILL GAIN UNAUTHORIZED ACCESS TO YOUR DEVICE, OR READ OR ALTER ANY DATA SENT OR RECEIVED THROUGH PRIVATE WIFI.
PRIVATE COMMUNICATIONS MAKES NO WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR LACK OF VIRUSES, NON-INFRINGEMENT, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SERVICE QUALITY, ADEQUACY OF ENCRYPTION, OR PRIVACY PROTECTIONS. PRIVATE WIFI IS PROVIDED "AS IS" AND WITH ALL FAULTS.
If you are dissatisfied with any aspect of Private WiFi, or with any part of this Agreement, your sole remedy is to discontinue using Private WiFi and/or to cancel your automatic renewal as provided for in the Cancelling and Termination section above.
You agree to indemnify Private Communications from any claim or damage, including reasonable attorneys’ fees, including pre-trial and settlement, that are asserted by any third party due to or arising out of your use of Private WiFi.
Other People’s Content
You agree that we are not responsible for any content by any third party or their website received through Private WiFi. We do not have any affiliation with or endorse the content provided by other sites.
You acknowledge that Private WiFi is of United States origin, and you agree to comply with all export and import laws and regulations, whether national or international.
Any waiver or failure by us to exercise any right provided for herein shall not be deemed a waiver of any other right hereunder.
There are no intended third party beneficiaries of this Agreement. This Agreement may not be enforced by any person or entity other than Private Communications and you.
Except as otherwise stated herein, any provisions in this Agreement that by their sense and context are intended to survive the termination of this Agreement shall survive such termination. Also, any cause of action that we may have against you related to this Agreement prior to the date of termination shall survive such termination.
All disputes related to this Agreement shall be governed by the laws of the State of New York without regard to principles of conflict of laws and shall be heard exclusively in a New York State or Federal court located in New York City, Borough of Manhattan, and you hereby consent to and agree not to challenge the jurisdiction and venue of such courts. You agree to pay all our legal fees and expenses in enforcing this Agreement against you and in defending any claims brought by you, which are not ultimately resolved in your favor by final judgment in a court of competent jurisdiction.
You agree that the remedy at law for any breach or threatened breach of this Agreement by you would, by its nature, be inadequate, and that in such case we shall be entitled, in addition to damages, to a restraining order, temporary and permanent injunctive relief, specific performance and other appropriate equitable relief, without showing or providing that any monetary damage has been sustained and without providing a bond.
No action, regardless of form, arising out of this Agreement may be brought by you more than one (1) year after the cause of action has arisen; and any such cause of action is thereafter permanently barred.
We may update this Agreement at any time. Continuing to use Private WiFi after any such changes constitutes your consent to such updates.
Full Knowledge and Understanding of this Agreement
You acknowledge that you have read this Agreement, that you understand it, that you agree to be bound by its terms and conditions, and that you further agree that this is the complete and exclusive statement of the agreement between the parties, which supersedes and merges all prior proposals, understandings and all other agreements, oral or written, between you and us relating to the content of this Agreement.