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Regulations for VPNonline Users This document, hereinafter referred to as the “Regulations”, includes the general terms and conditions for using the paid VPNonline service on a pre-paid basis; the VPN service, hereinafter referred to as the “Service”, shall be used exclusively by the Customer who has purchased the Service. Section I. General Provisions The Service Provider shall provide Customers with the Service, consisting primarily of access to servers and to a VPN (Virtual Private Network), via an encrypted channel between the Customer’s device and the Provider’s VPN servers. The term “virtual” means that the network in question only exists as a logical structure that in fact operates within a public network. Section II. Definitions Service Provider: IWACOM SP. Z O.O., 90-273 Lodz, Rewolucji 1905 4 POLAND, NIP: 7251876354 hereinafter referred to as the “Provider”. VPN (Virtual Private Network) – a tunnel through which traffic flows within the framework of a private network established between end clients and the VPN server over a public network (such as the Internet). VPN SERVER – a VPN concentrator to which VPN clients are connected using built-in or additional software that supports encrypted VPN connections or using a hardware VPN client (router). VPN CLIENT - application or device (router), which establish connection to VPNonline servers on the the customer side CUSTOMER – a natural or legal person or non-corporate body that uses the Provider’s paid or free-of-charge services. IP ADDRESS – an IPv4 address is a unique number assigned to devices that operate within a computer network.It is 32 bits long and is represented as four octets in decimal form separated by periods, e.g. 173.194.69.94. An IP address may be dynamic or static. A dynamic address changes at specified intervals or each time the Customer connects to the Internet. A static address is a fixed address assigned to the Customer. Price List – the current price list for the Service provided by IWACOM SP. Z O.O. published on the following website: https://vpnonline.pl/cennik Section III. Service Terms and Conditions The following Regulations establish the rules for the provision of the Service by the Provider, including the terms and conditions for the Customers’ access to the Service provided by the Provider. 1. Terms and conditions of using the Service: 1.1 Paid access to the VPN network and to the other services provided by the Provider shall be available to every adult citizen of the Republic of Poland or foreign national following sign-up on the website indicated below. 1.2 Sign-up The sign-up dashboard and the list of available VPN servers are included in the customer’s panel available at: https://portal.vpnonline.pl During sign-up, the Customer shall provide: LOGIN – this will be used to access the VPN and the Customer’s Dashboard; PASSWORD – for the Customer’s security, the password should be at least 8 characters long, including uppercase and lowercase letters and numbers; E-MAIL ADDRESS – a valid e-mail address to which an activation link will be sent in order to confirm account creation. 1.3 The payment of the applicable fee according to the price list. 1.4 Configuring the Service in accordance with the configuration procedure described at: https://vpnonline.pl/konfiguracja 1.5 In special cases, access to the network may be obtained by contacting the Provider or a cooperating entity. Additional, optional details may be added or modified using the “Dane Osobowe” [“Personal Data”] section of the Customer’s Dashboard. 2. The Provider shall not validate the data referred to in point 1 above indicated by the Customer who uses the Service. 3. A detailed specification of the Service and the price list can be found on the following website: https://vpnonline.pl/cennik 4.1. At the express request of a Customer who is a consumer, the provision of the Service by the Provider may start before the time limit for withdrawal from the contract has elapsed. In this case a Customer who is a consumer shall be required to pay for the services provided by the Provider until the date on which he or she notifies the Provider of his or her withdrawal from the contract, in proportion to the performances provided. 4.2. In the case referred to in point 4.1 above, the provision of the service shall start immediately upon the receipt of payment from the Customer. Where technical issues with starting service provision occur that are not attributable to the Provider, the time required for the provision of the service to start may be extended by up to 24 hours. 4.3. The Provider shall provide technical support to the Customer via e-mail, chat and the contact form available at: https://vpnonline.pl/kontakt 4.4. The Provider shall make every effort to ensure that the response time to reported issues is not longer than 48 hours. 5. After gaining access to the VPN, the Customer is obliged to use Internet resources in accordance with the applicable laws in force in the territory of the Republic of Poland, and in particular to refrain from downloading and sharing copyrighted files using the VPN and also from visiting websites that are racist, promote hatred or contain paedophile content. 6. Within the framework of the service purchased and for an additional fee, the Provider may assign a static public IP address to the Customer. The IP address shall be assigned to the Customer’s account for the term of the Service purchased. The details of the static IP address assigned shall be sent to the Customer electronically (by e-mail). If the Customer does not extend the term of the Service with a static IP address and the Service expires, the Provider shall deactivate the static IP address assigned to the Customer’s account without prior notice. 7. The Service shall be delivered to the end client. 7.1 In connection with the VPN account purchased, the Provider shall make available to the Customer three simultaneous VPN sessions to its servers. The simultaneous sessions may only be established using devices that are owned by the Customer who has purchased the VPN service. 7.2 The Customer shall not be in any way authorised to make the services provided by the Provider available to third parties. 7.3 Where a Customer involved in the professional provision of Internet services uses the Service provided by the Provider in breach of the Regulations in order to profit from making the Service available to other entities, the Customer shall be obliged to pay a penalty amounting to PLN 1,000 (say: one thousand zloty) to the Provider. Where a Customer who is a consumer uses the Service provided by the Provider in breach of the Regulations by making the Service available to other entities, the Customer shall be obliged to pay a penalty to the Provider amounting to the standard subscription fee for the service for each entity to which the Customer made the service available in the calendar month in question. In the cases referred to in this point, the Provider may also seek additional damages pursuant to the general principles laid down in the Civil Code. 8. The Customer shall refrain from attempting to gain illegal access to the Provider’s infrastructure and also from attempting to take control over network infrastructure. 9. Personal data 9.1. The Provider is a controller of personal data within the meaning of the Act of 29 August 1997 on the Protection of Personal Data (consolidated text: Journal of Laws [Dz. U.] No. 101/2002 item 926 as amended). 9.2. The Customer's personal data shall be processed by the Provider in order to provide services, for archiving purposes and also for the purposes of service sales and the Provider’s marketing activities. 9.3. The Provider shall enable Customers to exercise their rights under the Act of 29 August 1997 on the Protection of Personal Data (consolidated text: Journal of Laws [Dz. U.] No. 101/2002 item 926 as amended), i.e. enable Customers to review their personal data and to correct them and also to exercise the right to object to the processing of their data for marketing purposes or to their transfer to another controller. 9.4. The Customer should direct all correspondence in matters relating to the processing of personal data to the Provider’s e-mail address with the phrase “Dane Osobowe” [“Personal Data”] included in the subject. 9.5. The Provider reserves the right to send electronic messages to Customers in connection with the Service provided. 9.6. The Provider shall monitor the Customer’s activity using system logs whose purpose is to detect any abuse of the Provider’s infrastructure. The Provider shall store the following logs: - VPN connection starting and ending dates and times; - connection duration; - the client’s source IP address and the name of the VPN server used by the Customer; - the destination IP address and the port to which the client connects using the VPN server. The logs shall be stored for 30 days for the aforementioned purpose, and shall subsequently be overwritten in a manner preventing their recovery. However, if abuse is detected, the logs may be retained indefinitely for investigation purposes. 10. Complaint procedure 10.1. The Provider shall make every effort to ensure the proper operation of the service and Customer satisfaction. The Customer has the right to lodge a complaint concerning the operation of the service offered by the Provider. 10.2. If any irregularities in the provision of the service are detected, the Customer should lodge a complaint with the Provider to the following e-mail address: support@vpnonline.pl 10.3. All complaints shall be examined promptly but within 14 days of receiving the complaint. 10.4. If the complaint proves to be justified, the Provider shall agree the appropriate compensation with the Customer. 11. The Customer shall adequately protect the access codes (LOGIN, PASSWORD) obtained that prevent unauthorised persons from gaining access to the Provider’s network. 12. A Customer who accesses the Provider’s network is obliged to properly protect his or her computer against Internet threats, and in particular to have current anti-virus and firewall software installed. 13.1. A Customer who is a consumer has the option to have his or her complaints examined and claims settled out of court before a Stały Polubowny Sąd Konsumencki [Permanent Consumer Arbitration Court] affiliated with the Wojewódzki Inspektor Inspekcji Handlowej [Provincial Trading Standards Inspector]. Information on how to access the above procedure and on dispute settlement procedures can be found on the following website: www.uokik.gov.pl, in the “Rozstrzyganie sporów konsumenckich” [“Settlement of consumer disputes”] tab. 13.2. A Customer who is a consumer may seek free assistance in resolving the dispute between him or her and a merchant from the district (municipal) consumer advocate or from a social organisation whose statutory goals include consumer protection (e.g. Federacja Konsumentów [Consumer Federation]). 13.3. Detailed information on the consumer's ability to use out-of-court complaint examination and claim settlement procedures and the rules of accessing these procedures are made available at the registered offices and on the websites of district (municipal) consumer advocates, social organisations whose statutory goals include consumer protection, and Wojewódzkie Inspektoraty Inspekcji Handlowej [Provincial Trading Standards Inspectorates]. 14. Contract termination or withdrawal 14.1. Pursuant to Article 27 of the Act of 30 May 2014 on Consumer Rights (Journal of Laws [Dz. U.] of 2014 item 827) a Customer who is a consumer has the right to withdraw from the contract. The statement of withdrawal may be submitted on the form attached as Appendix 1 to these Regulations. Information about the right of withdrawal is attached as Appendix 2 to these Regulations. 14.2. The right of withdrawal is effective if a Customer who is a consumer submits to the Provider, within 14 days of the conclusion of the contract, the statement of withdrawal from the contract. In the event of withdrawal, the contract is deemed not to have been concluded. 14.3. In the event of withdrawal from the contract, the Provider shall promptly refund to the Customer who is a consumer any payments received, no later than within 14 days of the date on which the Customer notified the Provider of his or her withdrawal from the contract. The refund shall be effected using the same payment methods that were used by the Customer in connection with the initial transaction unless the Customer has explicitly agreed to another solution. The Customer shall not incur any fees in connection with the refund of the payments made to the Provider. 15. Final provisions 15.1 The Provider reserves the right to amend the Regulations insofar as it is permitted by applicable laws. The amendments shall become effective 14 days after their publication on the following website: https://vpnonline.pl/regulamin 15.2 The Customer has the right not to accept the amendments, in which case it should notify the Provider of this fact by e-mail to the following address: support@vpnonline.pl In this case, the contract shall be terminated at the end of the billing period during which the Provider was notified by the Customer of his or her non-acceptance of the amendments to the Regulations. These regulations shall become effective as of the date of their publication on the website, i.e. 1 May 2015. Appendix 1 – CONTRACT WITHDRAWAL FORM https://vpnonline.pl/regulamin/formularz_odstapienia.pdf Appendix 2 – INFORMATION ON EXERCISING THE RIGHT OF WITHDRAWAL https://vpnonline.pl/regulamin/informacje_dot_prawa_odstapienia.pdf
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