Terms of Service

Effective Date: Saturday, August 1st, 2020

The use of services from Frost Networks LLC [hereafter referred to as "FrostVPN"] constitutes agreement to these terms.

This policy outlines FrostVPN terms and conditions for usage of FrostVPN products and services, including VPN. Your activation and use of the Service represents your agreement to be bound by these Terms and your agreement to the Privacy Policy located at http://www.frostvpn.com/clients/privacy-policy.htm, which is incorporated as a part of these Terms. By activating and using the Service, you also represent that you are at least eighteen (18) years of age and that the information you have provided is accurate, complete, and up-to-date. In these terms, the you, your or user refers to the FrostVPN customer, we, our or us refers to FrostVPN.

Collection of Fees; General

You acknowledge that FrostVPN reserves the right to create a billing agreement through one or more third party merchants.

We reserve the right to change the fees at any time at our discretion.

We are under no obligation to honor errors due to typos and we are not responsible for misinformation provided by third party websites or affiliates.

Services that are past due will have their access to the network of VPN servers temporarily revoked.

Services that remain past due for more than 5 days will be closed.

Collection of Fees; Subscriptions

A “subscription” service includes all VPN services we offer except for Lifetime, Free Trials and Free services. Payments will be charged on the day you sign up for service and will cover use of that service for the term listed on the invoice. Subscription services are set to renew automatically at the end of their term unless the customer cancels the service before the next renewal date.

Collection of Fees; Lifetime

A “lifetime” service is a single transaction service plan. Payments will be charged on the day you sign up for service. Lifetime services are valid as long as the account remains in good standing and as long as FrostVPN remains solvent.

Free Trials; Free Services

There is no guarantee made for free trials or free services. They may be deactivated or otherwise restricted at any time without providing a reason.

Taxes

You agree that FrostVPN will not be held responsible and will be indemnified from taxes that are the result of your use of our services. You agree to pay all taxes related to these services which include penalties and interest associated with your use of services or any other costs associated with your use of service.

Anti-Fraud Protocols

FrostVPN has implemented specific anti-fraud protocols to keep in compliance with our network providers and payment processors. If our anti-fraud system rates your transaction as a ‘potential risk’, you will be requested to go through a manual verification process. Our fraud screening is to keep fraudsters away, we believe all our customers are legitimate customers and will have no issues verifying your identity. We will only ask for NON-CONFIDENTIAL documentation as verification. All fraudulent activities may be reported to the respective police and related law enforcement authorities.

Cancellation of Service

You may cancel your service at any time; the service will remain active for the remainder of your billing cycle. Cancellation request must be made at least one day before the end of your current billing cycle in order to avoid being billed for an additional term. Any remaining time left on your service is not refundable.

Cancellation request MUST be processed through the client area. To do this, click the icon next to the package you wish to cancel then press 'Request Cancellation'. You must then complete and submit the form. No other forms of cancellation are accepted.

It is your responsibility to ensure any PayPal subscriptions you have setup are cancelled. We will not be responsible for handling or refunding any transactions that take place after you have cancelled your service with FrostVPN in the event that you fail to cancel the related PayPal subscription.

Refunds

All new FrostVPN orders are covered with our money-back guarantee. You are entitled to a full refund if all of the following apply:

-You submitted a refund request within 3 days of your order date.
-Your account has not been suspended by FrostVPN for any breach of our Terms.
-You have not used more than 5GB of Bandwidth or exceeded 25 sessions. Whichever comes first.
-This is your first invoice and first service with us.

If you meet all of the above requirements, then you are entitled to a full refund. Please send an email to [email protected] stating your VPN username and the reason for cancelling your subscription.

Payment Chargebacks and Billing Disputes

Any billing dispute with our payment processors or charging back a payment made to FrostVPN will place your account in bad standing.  We reserve the right to immediately terminate all services without a refund in such instances. There is a minimum charge of $35.00 plus applicable taxes for all credit card chargebacks.

Authorized User

FrostVPN services are for single user, individual use only. Any non-individual use is prohibited. For example, sharing services between multiple people is prohibited.

File Sharing Activities and DMCA Notices

You agree that you will not perform any kind of illegal file sharing activities including copyrighted material in jurisdictions where it's illegal by law. FrostVPN complies with all DMCA notices and in this regard forbids its clients to refrain from such activities.

Right to Restrict or Terminate Access

FrostVPN reserves the right to suspend, terminate, or refuse service to anyone at any time for any reason.

Acceptable Use Policy

FrostVPN requires that all users use our service reasonably. It is within our sole discretion to determine what comprises reasonable use. Under most circumstances, we will issue a single warning about an account that’s violating our reasonable use policy. A second offense will result in the account being terminated without a refund.

Examples of unreasonable usage:
-Hacking or attacking other computers or networks on the internet or our servers and resources in any way.
-Scanning (port scanning, running proxy hunters, etc.) other computers or networks on the internet.
-Distribution of any material that contains software viruses or any other computer code, files or programs designed to interrupt, limit, or destroy the functionality of any computer software, hardware or telecommunications equipment.
-Distributing and/or receiving pirated copyright materials. This includes, but is not limited to the following activities: trading, selling, bartering, sharing, transmitting or receiving, of such materials.
-Send unsolicited data in any form. This includes, but is not limited to the following: Sending unsolicited emails (i.e. SPAM email), hate email, mass-marketing emails, unsolicited instant messages and unsolicited SMS.
-Engage in any sort of child pornography activities. This includes, but not limited to the following: Trading, bartering, selling, transmitting or receiving such material.
-Any type of criminal activities. This includes but is not limited to the following: Engaging in the use of stolen credit cards, stolen bank accounts, stolen debit cards, stolen charge cards, stolen online payment accounts (eg. PayPal).
-Send out phishing or identity theft emails.
-Promote or encourage criminal or terrorist activities of any sort. This includes, but not limited to the following: Selling, buying, bartering, exchanging, distributing identity theft information (eg. stolen bank accounts or stolen credit card numbers)
-Distributing any content over or using the Service that is, or is directed to inciting or producing imminent conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, libelous, invasive of another's privacy, or hateful.
-Running resource intensive programs that will interfere with the usage of our services by our users.
-Using the Service for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; and using the Service in a manner that is harmful to another person or user.

Export Control Laws

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 FrostVPN, 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.

Third-party content

We do not control, nor are we responsible for any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. We may, but are not obligated to, block information or transmissions of or access to certain information, services, products or domains, in order to protect the Service, our network, the public or our users. We are not a publisher of and do not endorse any third-party content accessed through the Service. You agree that we are not responsible for the accuracy, timeliness or delivery of any third-party content, advertising, products or other materials accessed through the Service, and we expressly disclaim liability for any harm resulting from your access to or use of such.

Service availability

FrostVPN will attempt to make the Service available at all times, except for limited periods for maintenance and repair. However, actual service coverage, speeds, locations and quality may vary. The Service may be unavailable 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, refused, limited or curtailed. We are not responsible for data, messages or information lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks.

Warranty disclaimer; limitation of liability

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. SERVICE IS 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, NONINFRINGEMENT OR NONMISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, ACCURACY OF INFORMATION CONTENT, OR SYSTEM INTEGRATION. WE DO NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, ERROR-FREE, TIMELY OR COMPLETELY SECURE MANNER, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED.
UNDER NO CIRCUMSTANCES SHALL FROSTVPN BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SERVICE.

Limitation on claims

Where permitted by law, you and FrostVPN agree that any cause of action arising out of or related to the Service must be commenced within one (1) year after it accrues. FrostVPN total, cumulative liability to you for any damages arising out of or related to the Service shall be limited to the amount you paid FrostVPN for your use of the Service.

Indemnify and hold harmless

You are responsible for all actions that occur regarding your account. As a condition of service, you agree to indemnify and hold harmless FrostVPN, its officers, employees, agents, shareholders and partners for any cause of action arising out of or relating to your use of the Service.

Changes to these Terms

FrostVPN reserve the right to revise, supplement, or rescind any of our policies or Terms, at any time, without prior notice. It’s your responsibility to stay informed of our current Terms (http://www.frostvpn.com/clients/terms-of-service.htm) and our Privacy Policy (http://www.frostvpn.com/clients/privacy-policy.htm). Your continued use of the service after such change will constitute your acceptance of such changes.

Jurisdiction

Any notices or communication that arise from this agreement must be in writing and be mailed to the other party at the appropriate address listed below:

Frank Frost Networks LLC
ATTN: FrostVPN
PO Box 1922
Greenville, SC 29602 USA

These Terms, and any agreement between the parties, shall be governed by the Laws of the state of South Carolina. Exclusive jurisdiction and venue for all matters arising under or relating to these Terms shall be in courts located in Greenville, SC.