SurfEasy Terms of Service

Last updated May 2, 2013.

Please read our Privacy Policy for information on how we handle your personal information. By using our service you consent to the collection, use and disclosure of your information as described in that policy and in these Terms of Service.

Our goal is quality of service for all of our customers. While our service has sufficient capacity to support average personal usage, if your usage is excessive relative to the average, we may need to limit your bandwidth or suspend your account. You also cannot use our service for things that could hurt our network or other people. See our detailed acceptable use policy for more information.

Please use our software to access our network, but don’t rip it off. Our license terms are here.

We reserve the right to refuse service if we think it’s the right thing to do for our customers. Our termination policy is here.

We think our pricing plans are pretty simple to understand, but there are a few important details we need to be clear about.

If you purchased the SurfEasy Private Browser, the USB Key comes with a limited one-year warranty.

We might need to change these terms of service from time to time. If we make important changes we will notify you by email.

Like everyone else, our lawyers like to make sure we are properly protected from legal claims and proceedings. See that legal stuff here.

Acceptable Use Policy

Bandwidth Limitations. The Service has sufficient capacity to accommodate average non-commercial use. However, from time to time during periods of extraordinarily heavy usage of the Service, you may temporarily experience slower service or service unavailability. No such temporary slowdown or unavailability shall constitute a breach or default by SurfEasy of its obligations. SurfEasy reserves the right to temporarily suspend or limit your use of the Service if: (a) your usage level exceeds our average customer use level or otherwise negatively impacts the overall health of the network determined by us in our sole and absolute discretion, or (b) you exceed any bandwidth limitations associated with your account. No such suspension or limitation of the Service shall constitute a breach or default by SurfEasy of its obligations.

Use of the Service. You may not use the Service in any manner that could damage, disable, overburden or impair SurfEasy’s systems or networks, or interfere with any other party’s use and enjoyment of them. You may not attempt to gain unauthorized access to any computer systems or networks associated with the Service. You may only use the Service for your personal, non-commercial purposes, and not in any way to provide, or as part of, any commercial service or application. You may not transfer your rights hereunder or your account access to any other person. You may not use the Service: (a) in a manner that violates any law or regulation; (b) in a manner that infringes or violates any privacy, intellectual property, confidentiality, contractual or other rights; (c) to transmit information that is defamatory, offensive, misleading, false, harmful to minors or obscene; (d) to gain unauthorized access to any service, account, computer system or network; (d) to transmit any viruses or programming routines intended to damage, surreptitiously intercept, or expropriate any system, data or personal information; (e) in contravention of any acceptable use or other information technology policy that may apply to your use of any computer system or network; (f) to send unsolicited email communications, or (g) in any other manner that SurfEasy deems in its sole discretion to be inappropriate.

Events Beyond Our Control. Notwithstanding anything to the contrary contained herein or elsewhere in any document relating to the Service, SurfEasy shall not be liable for any disruption in the Service caused by factors outside of SurfEasy’s control, including but not limited to, any problems with your computing or network infrastructure, hardware or product, problems with your internet service provider (ISP) or any sites you are attempting access through the Service, or any electrical or other utility outage.

Software License Terms

SurfEasy grants you a limited, nonexclusive, personal, non-transferable, object-code license to use any software provided to you in connection with the Service (referred to herein as the “Software“) for internal and personal purposes only. Any Software stored on the SurfEasy USB Key may be used only on the SurfEasy USB Key. For Software that is installed on a device (such as a mobile phone, tablet or personal computer), you may only use and install such Software on the devices that have been specifically authorized in connection with the Service and the Service plan you are enrolled in. SurfEasy reserves all rights not expressly granted to you hereunder. The Software is protected by copyright and other intellectual property laws and treaties. You agree that SurfEasy and/or its licensors exclusively own all title, copyright and other intellectual property rights in and to the Software. YOU MAY NOT (AND MAY NOT ALLOW A THIRD PARTY TO) RENT, LEASE, SUBLICENSE, SELL, ASSIGN, LOAN, USE FOR TIMESHARING OR SERVICE BUREAU PURPOSES OR OTHERWISE TRANSFER THE SOFTWARE OR ANY OF YOUR RIGHTS AND OBLIGATIONS UNDER THIS LICENSE. You may not (and may not allow a third party to): (a) reverse engineer, decompile, disassemble or attempt to reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms of the Software by any means whatsoever, except to the extent the foregoing restrictions are expressly prohibited by applicable law, (b) remove or destroy any copyright notices or other proprietary markings, (c) attempt to circumvent any use restrictions, (d) modify or adapt the Software, merge the Software into another program or create derivative works based on the Software, or (e) use, copy or distribute the Software.

Termination Policy

You agree that SurfEasy may suspend or terminate your use of the Service in the event of any breach or violation of these Terms of Service. SurfEasy may also terminate your use of the Service in the event that we determine in our sole and absolute discretion to cease offering the Service. You agree that any such suspension or termination in accordance with this paragraph may be performed without prior notice and you agree that SurfEasy will not be liable to you or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.

Service Plan Terms

Service Plan Fees. SurfEasy offers different Service plans that may depend on the particular SurfEasy product and the amount of bandwidth you require. You acknowledge and agree that the details of the Service plan you are initially enrolled in were disclosed to you at the time of purchase or activation, as the case may be. If you subscribed for a plan with recurring fees and those fees are not paid when due, SurfEasy reserves the right to terminate, limit or suspend your access to the Service at its discretion. SurfEasy may also change the fees associated with any Service plan or introduce fees for any free Service plan on 30 days prior notice to you. If you do not wish to pay the new fee, you may terminate your use of the Service.

Unlimited and One-Time Purchase Plans. Unlimited Service plans come with unlimited bandwidth usage of the SurfEasy Private Network for the duration of the purchased time period in accordance with these Terms of Service and the terms applicable to the plan you purchased. One-time purchase plans for the SurfEasy USB Key continue for the lifetime of the SurfEasy USB Key you purchased. If your USB Key is replaced under our limited warranty, the your plan will apply to the replacement USB Key but only up to the end of the original warranty period for your initial purchase of the USB Key. One-time purchase plans are non-refundable and non-transferable. SurfEasy reserves the right and authority to transfer one-time purchase plans to any third party service that provides service similar to the Service.

Private Browser Limited Warranty

SURFEASY WARRANTS THAT THE SURFEASY USB KEY HARDWARE WILL BE FREE FROM DEFECTS AND MATERIALS AND WILL OPERATE UNDER NORMAL CONDITIONS FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF PURCHASE. SURFEASY’S, AND ITS DIRECTORS’, OFFICERS’, EMPLOYEES’, AGENTS’, SUPPLIERS’, DISTRIBUTORS’ AND OTHER REPRESENTATIVES’, ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, FOR ANY BREACH OF THIS LIMITED WARRANTY SHALL BE, AT SURFEASY’S OPTION (A) RETURN OF THE AMOUNT PAID (IF ANY) FOR YOUR INITIAL PURCHASE OF THE USB KEY, IN WHICH CASE YOUR RIGHT TO USE THE SERVICE SHALL BE TERMINATED AS OF THE DATE OF REFUND, OR (B) REPAIR OR REPLACEMENT OF THE USB KEY. YOU WILL RECEIVE THE REMEDY ELECTED BY SURFEASY WITHOUT CHARGE, EXCEPT THAT YOU MAY BE REQUIRED TO PAY THE COST OF SHIPPING A DEFECTIVE KEY TO SURFEASY’S WAREHOUSE. THIS LIMITED WARRANTY IS VOID IF FAILURE OF THE USB KEY HAS RESULTED FROM ACCIDENT, ABUSE, MISAPPLICATION, ABNORMAL USE, A VIRUS, OR VIOLATION OF THESE TERMS OF SERVICE. ANY REPLACEMENT USB KEY WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD OR THIRTY (30) DAYS, WHICHEVER IS LONGER, AND SURFEASY WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE YOUR REMEDY WITHIN A COMMERCIALLY REASONABLE TIME OF YOUR COMPLIANCE WITH SURFEASY’S WARRANTY REMEDY PROCEDURES.

DISCLAIMER.THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY, REPRESENTATION, CONDITION OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES, REPRESENTATIONS, CONDITIONS OR GUARANTEES OF QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. SURFEASY DOES NOT PROVIDE ANY WARRANTY OR GUARANTEE AS TO THE SECURITY OF THE SERVICE. THE SERVICE WILL NOT PROTECT YOU FROM KEY LOGGING, REMOTE SCREEN VIEWING OR OTHER VISUAL ATTEMPTS TO MONITOR YOUR INTERNET USAGE. SURFEASY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.

LIMITATION OF LIABILITY. IN NO EVENT SHALL SURFEASY, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS OR OTHER REPRESENTATIVES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES SUFFERED IN ANY CONNECTION WITH YOUR USE OF THE SERVICE HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL THE TOTAL LIABILITY OF SURFEASY, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, DISTRIBUTORS AND OTHER REPRESENTATIVES, TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE (HOWSOEVER CAUSED AND REGARDLESS OF THE FORM OF CAUSE OF ACTION, DEMAND OR CLAIM, WHETHER BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE, AND EVEN IF SUCH DAMAGES ARE FORESEEABLE OR ANY OF THE FOREGOING PERSONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.

Applicable Law. These Terms of Service are governed exclusively by the laws of the Province of Ontario, Canada notwithstanding any principles of conflicts of law. To the extent permitted by applicable law, any claim, dispute or controversy between you and SurfEasy shall be arbitrated and finally resolved, with no right of appeal, even on questions of law, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Toronto, Ontario. The language of the arbitration shall be English. If the foregoing arbitration is not permitted by applicable law or any court with jurisdiction, you irrevocably agree that all claims, disputes or controversies shall be settled exclusively by the courts of the Province of Ontario. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS YOU AND SURFEASY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Entire Agreement and Severability. These Terms of Service constitute the entire agreement between you and SurfEasy relating to the Service and supersede all prior or contemporaneous oral or written communications, proposals and representations with respect to the subject matter hereof. To the extent the terms of any SurfEasy policies or programs conflict with these Terms of Service, these Terms of Service shall control. If any provision of these Terms of Service is held to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect.

Assignment. SurfEasy may assign or transfer its rights and obligations under these Terms of Service to any person for any reason and without any notice to you. A purchaser of our business or assets may use and disclose your personal information for the purposes described in this policy. If SurfEasy becomes involved in a transaction where our assets or business is purchased, we will ensure the confidentiality of any personal information involved in such transaction.