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Agreement:
Your use of the Go2Port.com Services is governed by this agreement (the "Terms"). "The Services" or "the Go2Port.com Services" means the services Go2Port.com provides including this website, the Go2Port.com tunneling service, the Go2Port client software, and any other software or services offered by Go2Port.com in connection with any of those. "Go2Port.com" means the owner and operator of the Go2Port.com Services who distributes the software and services.
You must agree to the Terms in order to use the Services. Your use of the Go2Port.com service means the acceptance and agreement to the Terms. Go2Port.com will treat your use of any part of the service as acceptance and agreement of the Terms from that point on.
Go2Port.com may make changes to the Terms from time to time. If the Terms change in any substantive way, we will give you at least seven (7) days notice before the changes take effect, during which period of time you may reject the changes by terminating your account.
Use of Services:
You may not use the Services if you are a person barred from receiving the Services under the laws of the United States or other countries, including the country in which you are resident or from which you use the Services. You affirm that you are over the age of 13, as the Services are not intended for children under 13.
Responsibility and Conduct:
You are solely responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Go2Port.com. You will not engage in any activity that interferes with or disrupts the Go2Port.com's Services or networks connected to Go2Port.com.
You must provide accurate and complete registration information any time you register to use the Services. You are responsible for the security of your passwords and authtokens and for any use of your account.
Acceptable Use:
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Go2Port.com will impose fees; and/or pursue civil remedies without providing advance notice.
The Go2Port.com Services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. The Services may not be used to facilitate infringement of these laws in any way.
Go2Port.com reserves the right (but shall have no obligation) to remove any or all content from the Services. You agree to immediately take down any content that violates the Terms, including pursuant to a take down request from Go2Port.com. In the event that you elect not to comply with a request from Go2Port.com to take down certain content, Go2Port.com reserves the right to directly take down such Go2Port.com or to block access to it.
You agree to set up a process to respond to notices of alleged infringement that comply with the United States' Digital Millennium Copyright Act ("DMCA notices"). It is Go2Port.com's policy to respond to DMCA notices or other applicable copyright laws and to terminate the accounts of repeat infringers. We reserve the right to, if necessary, disable your tunnels upon receipt of a valid DMCA notice.
Payment and Fees:
You agree that Go2Port.com shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing the Services. Payment is due upon invoicing. The Services may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by Go2Port.com may be turned over to an outside collection agency for collection.
Subject to the Terms, the Go2Port.com Services are provided to you without charge up to certain limits. Usage over these limits requires your purchase of additional resources or services.
You acknowledge that Go2Port.com may prospectively change the specified rates and charges from time to time.
Go2Port.com is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Go2Port.com. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
EXCLUSION OF WARRANTIES:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."
NOTHING IN THESE TERMS, SHALL EXCLUDE OR LIMIT Go2Port.com'S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW.
Go2Port.com MAKES NO EXPRESS WARRANTIES AND DISCLAIMS ALL IMPLIED WARRANTIES REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Go2Port.com DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR.
LIMITATION OF LIABILITY:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Go2Port.com SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
YOU ACKNOWLEDGES THAT Go2Port.com'S LIABILITY FOR ITS OWN NEGLIGENCE MAY NOT IN ANY EVENT EXCEED AN AMOUNT EQUIVALENT TO CHARGES PAYABLE BY SUBSCRIBER FOR SERVICES DURING THE PERIOD DAMAGES OCCURRED. IN NO EVENT SHALL Go2Port.com BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OR INJURY. Go2Port.com IS NOT RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Go2Port.com DOES NOT MAKE IMPLIED OR WRITTEN WARRANTIES FOR ANY OF OUR SERVICES.
THE LIMITATIONS ON Go2Port.com'S LIABILITY TO YOU IN SHALL APPLY WHETHER OR NOT Go2Port.com HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
INDEMNIFICATION:
YOU AGREE TO HOLD HARMLESS AND INDEMNIFY Go2Port.com, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, ADVERTISERS, LICENSORS, SUPPLIERS OR PARTNERS FROM AND AGAINST ANY THIRD PARTY CLAIM ARISING FROM OR IN ANY WAY RELATED TO (A) YOUR BREACH OF THE TERMS, (B) YOUR USE OF THE SERVICES, (C) YOUR VIOLATION OF APPLICABLE LAWS, RULES OR REGULATIONS IN CONNECTION WITH THE SERVICES, OR (D) CONTENT MADE AVAILABLE OVER YOUR TUNNELS, INCLUDING ANY LIABILITY OR EXPENSE ARISING FROM ALL CLAIMS, LOSSES, DAMAGES (ACTUAL AND CONSEQUENTIAL), SUITS, JUDGMENTS, LITIGATION COSTS AND ATTORNEYS' FEES, OF EVERY KIND AND NATURE. IN SUCH A CASE, Go2Port.com WILL PROVIDE YOU WITH WRITTEN NOTICE OF SUCH CLAIM, SUIT OR ACTION.
Notice:
You agree that Go2Port.com may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on the Go2Port.com website.
Entire Agreement:
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Go2Port.com and govern your use of the Go2Port.com Services, superceding any prior agreements between you and Go2Port.com for the use of the Go2Port.com Services.
Waiver and Severability of Terms:
The failure of Go2Port.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Stature of Limitations:
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Go2Port.com Services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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