12/5/2020 Terms of Service That You Can Actually Understand

Terms of Service
The following text outlines the terms of use of the TunnelBear
applications and website. You can also review our privacy policy, which
outlines our practices towards handling any personal information that
you may provide to us.

Acceptance of Terms
Basically...
The contract below outlines TunnelBear's terms of service ("the
Agreement"). By downloading, installing and using TunnelBear products
and services ("the Services") you agree and acknowledge that you have
read and accept this Agreement in its entirety, and agree to be bound by
its terms. These terms of service apply to all users of the Services,
including users with paid accounts.

TunnelBear Inc. ("TunnelBear") reserves the right, at its sole discretion, to

modify or replace the terms of this Agreement at any time. If the
alterations constitute a material change, TunnelBear will notify you by
posting an announcement on the TunnelBear website. What constitutes
a material change will be determined at TunnelBear's sole discretion. You
shall be responsible for reviewing and becoming familiar with any such
modifications. Using our Services following notification of a material
change to this Agreement shall constitute your acceptance of the
Agreement as modified.

This is a legal document. If you use TunnelBear, you agree to

the terms.

1. PRIVACY POLICY
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As a provider of an online service, we require users to provide certain

information when registering to receive our Services. All information
provided by Users is collected, used, maintained, shared and destroyed in
accordance with TunnelBear's Privacy Policy, available here, and
incorporated into this Agreement by reference.

You can view our privacy policy. It's part of this document.

2. LICENSE

TunnelBear grants you a non-exclusive, non-transferable right to use the

service, solely for your own personal purposes subject to the terms and
conditions of this Agreement. All rights not expressly granted to you are
reserved by TunnelBear.

You can't resell TunnelBear.

You shall not, sublicense, sell, resell, transfer, assign, distribute or

otherwise commercially exploit or make available to any third party the
Services in any way. You shall not build a product using similar ideas,
features, functions or graphics of the Service or copy any ideas, features,
functions or graphics of the Services.

You can't copy how it works (especially those wonderful on/off

dials, that would be impossible). 

You may use the service only for personal purposes and shall not: send
spam or otherwise duplicative or unsolicited messages in violation of
applicable laws; (ii) send infringing, obscene, threatening, libelous, or
otherwise unlawful or tortuous material, including material harmful to
children or violate third party privacy rights; (iii) send or store material
containing software viruses, worms, Trojan horses or other harmful
computer code, files, scripts, agents or programs; (iv) interfere with or
disrupt the integrity or performance of the Service or the data contained
therein; or (v) attempt to gain unauthorized access to the Service or its
related systems or networks.
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You can't use TunnelBear for any mischievous activities.

3. THE SERVICE

TunnelBear is providing this service on an "as is, as available" basis

without representation or warranty of any kind. TunnelBear does not
guarantee as to the continuous availability of the service or of any
specific feature(s) of the service. TunnelBear will inform you of any
significant changes to the service it may occasionally make. TunnelBear
may impose usage or service limits, suspend service, or block certain
kinds of usage at our sole discretion. The accuracy and timeliness of data
received is not guaranteed; delays or omissions may occur.

The speed and quality of the Service may vary and the Service is subject
to unavailability, including emergencies, third party service failures,
transmission, equipment or network problems or limitations,
interference, signal strength, and maintenance and repair, and may be
interrupted, refused, limited or curtailed. TunnelBear is not responsible
for any failures to maintain the confidentiality, security, accuracy or
quality of your data, messages or pages whether or not related to
interruptions or performance issues with the Service.

Sometimes things break. We do our best.

4. USER RESPONSIBILITIES

A computer or other equipment enabled to access the Internet ("Device")

is required to utilize the Service. You are solely responsible for ensuring
that your Device is sufficient and compatible for use with the Service.

TunnelBear may not be used to misrepresent or to act on behalf of

others. All messages you transmit through our Services shall identify You
as the sender. You may not:

Alter the attribution of origin in electronic mail messages or posting

Use the Service for anything other than lawful purposes
Use the Services for commercial gain
Use TunnelBear to mask their identity for illegal or malicious
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Distribute copyright-protected material through our servers

Take any action that results in an unreasonable load on TunnelBear's
infrastructure
Use any 3rd party software to interfere with or attempt to interfere
with the Services

You shall at all times abide by all applicable local, state, national and
foreign laws, treaties and regulations in connection with your use of the
Services, including those related to data privacy, international
communications and the transmission of technical or personal data. If
TunnelBear is contacted with a complaint regarding or arising from your
use of the Services, TunnelBear may deem your service usage in violation
of this Agreement and terminate your account without notice.

Surprise! You aren't allowed to do illegal stuff with TunnelBear.

5. TRADEMARKS

TunnelBear graphics, logos, designs, page headers, button icons, scripts,

and service names are trademarks, trademarks or trade dress of
TunnelBear Inc. TunnelBear's trademarks and trade dress may not be
used in connection with any product or service without the prior written
consent of TunnelBear. TunnelBear images and icons may be used by
third party sites in connection with providing appropriate links to the
TunnelBear website.

Respect our brand.

6. SERVICE SUSPENSION & TERMINATION

You agree that TunnelBear, in its sole discretion, for any or no reason, and
without penalty, may terminate or suspend your use of the Service at any
time. TunnelBear may also in its sole discretion and at any time
discontinue the Services in their entirety, or any part thereof, with or
without notice.

We reserve the right to euthanize your TunnelBear. π

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7. CANCELLATION & REFUND POLICY

While all amounts paid are non-refundable, certain refund requests for
subscriptions may be considered by TunnelBear on a case-by-case basis
and granted at the sole discretion of TunnelBear.

8. DISCLAIMER OF WARRANTIES

TunnelBear makes no representation, warranty, or guarantee as to the

reliability, timeliness, quality, suitability, availability, accuracy or
completeness of the Services. TunnelBear does not represent or warrant
that (a) the use of the Services will be secure, timely, uninterrupted or
error-free or operate in combination with any other hardware, software,
system or data, (b) the Service will meet your requirements or
expectations, (c) errors or defects will be corrected, or (d) the Services are
free of viruses or other harmful components. The Service is provided by
TunnelBear on and "as is" "as available" basis without warranties of any
kind, either expressed or implied, including without limitation, any
implied warranty of merchantability, fitness for a particular purpose, or
non-infringement of third-party rights, are hereby disclaimed to the
maximum extent permitted by law. You expressly agree that use of the
Services is at your sole risk.

We are not liable if something goes really wrong.

9. LIMITATION OF LIABILITY

In no event shall TunnelBear be liable under contract, tort, strict liability,

negligence or any other legal theory with respect to the services for any
lost profits or Special, indirect, incidental, punitive, or consequential
damages of any kind whatsoever. Notwithstanding the foregoing, in no
event shall the total liability of TunnelBear, for all damages, losses and
causes of action whether in contract, tort including negligence, or
otherwise, exceed the aggregate dollar amount paid by the User
claimant to TunnelBear in the twelve months prior to the claimed loss,
damages or other such alleged event giving rise to the basis of claim.

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We're still not liable but if a court says otherwise our maximum
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We re still not liable, but if a court says otherwise, our maximum
cost is the fees you have paid.

10. RELEASE AND INDEMNITY

You hereby expressly and irrevocably release and forever discharge

TunnelBear, its affiliated and associated companies, and their respective
directors, officers, employees, agents, representatives, independent and
dependent contractors, licensees, successors and assigns of and from
any and all actions, causes of action, suits, proceedings, liability, debts,
judgments, claims and demands whatsoever in law or equity which you
ever had, now have, or hereafter can, shall or may have, for or by reason
of, or arising directly or indirectly out of your use of the Services.

You hereby agree to indemnify and hold harmless TunnelBear, its

affiliated and associated companies, and their respective directors,
officers, employees, agents, representatives, independent and
dependent contractors, licensees, successors and assigns from and
against all claims, losses, expenses, damages and costs (including, but
not limited to, direct, incidental, consequential, exemplary and indirect
damages), and reasonable attorneys' fees, resulting from or arising out of
(i) a breach of this Agreement, (ii) the use of the Services, by You or any
person using your account, or (iii) any violation of any rights of a third
party.

You're on the hook for our costs if your use of the Services drags us
into court.

©2020 TunnelBear Inc.

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