End User License Agreement & Terms of Service
What you agree to when you use Allieae, Inc. services.
Welcome to FreePN!
We, Allieae, Inc., build technologies and services that enable people use the internet freely and privately. FreePN is a virtual private networking service that is free to use. These Terms govern your use of FreePN and freepn.org, and the other products, features, apps, services, technologies, and software we offer, except where we expressly state that separate terms (and not these) apply. FreePN, freepn.org, and Privacy Weekly are provided to you by Allieae, Inc.
What do you mean "FreePN is free to use?"
FreePN is open source software, licensed under AGPLv3, and can be used by anyone, for non-commercial purposes, free of charge, as covered by these Terms. The use of FreePN is subject to the restrictions of the AGPLv3.
By accessing or using this website you are agreeing to the END USER LICENSE AGREEMENT & TERMS OF SERVICE ("TOS", "EULA", or "Agreement") set forth herein. This website, all of its constituent pages as added and amended from time to time, all content on said website and any constituent page, all URL’s associated with or which lead to said website, all associated communications (including without limitation transactional emails and the Privacy Weekly newsletter), all associated applications on any platform (including without limitation the Web, Linux, Windows, MacOS, Android and iOS), all trade dress and monikers on said website, all intellectual property contained anywhere on said website (including without limitation all trademarks, service marks, copyrights, and patents), the source and any other code, all design elements and renditions, copies of any of the foregoing, and to the extent not heretofore listed all of content set forth on each and every page of the website, including without limitation all copy, marks, monikers, logos, trade dress, processes, information, and intellectual property, are, collectively and individually, the sole and exclusive property of Allieae, Inc. ("Service Provider").
You, the user, and any of your agents, representatives, assignees, employees, partners, designees, or persons to whom you have given access to the Site and the Services (whether intentionally, knowingly, negligently, or otherwise) may referred to as "you" or "Licensee".
If you are using the Allieae, Inc. Services on behalf of an organization,you are agreeing to these Terms for that organization and acknowledging that you have the authority to act on behalf of that organization and commit to these Terms on behalf of that organization.
THIS IS A BINDING, LEGAL CONTRACT BETWEEN YOU ("THE USER") AND ALLIEAE, INC.. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE SERVICES (AS DEFINED BELOW). YOUR USE OF THE SERVICES PROVIDED BY OR THROUGH THIS WEBSITE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. IF YOU OBJECT TO ANY PART OR PORTION HEREOF DO NOT USE THE SERVICES.
Allieae, Inc. may modify the Terms from time to time. The Terms are binding from the time that they are updated on our website. It is your responsibility to check and read current Terms periodically. The amendment of Terms may be communicated to you by sending an email and/or by publishing the updated Terms on the FreePN website.
If you have questions or concerns regarding these Terms please contact us at firstname.lastname@example.org.
Service Provider offers a software application to help consumers with their online privacy needs ("the Service").
We do not condone any unlawful use of the Allieae, Inc. Services. Allieae, Inc. Services shall not be used for any criminal, illicit and illegal acts, and you accept and agree not to violate any law of any jurisdiction that you are originating from and any other applicable law. It is your (user’s) responsibility to know and comprehend any and all relevant laws related to any jurisdiction or venue that concerns you, your actions and your use of Allieae, Inc. Services.
Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive, personal, non-transferable, non-sublicensable, license to: (1) download and use a copy of the FreePN software; and (2) use the Allieae, Inc. Services, including, without limitation, the products and services made available on or through the FreePN software or our website. No other right or license of any kind is granted to you hereunder with respect to the Allieae, Inc. Services. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with these Terms.
The Site includes freepn.org, all of its constituent pages, all content on said websites and any constituent page, all URL’s associated with or which lead to said websites, all associated applications on any platform (including without limitation the Web, Linux, Windows, MacOS, Android and iOS), all trade dress and monikers on said websites, all of Service Provider’s intellectual property contained anywhere on said websites (including without limitation all trademarks, service marks, copyrights, and patents), the source and any other code, design elements, renditions, and copies of any of the foregoing. The Site further includes any and all amendments, modifications, and changes of any nature whatsoever to the foregoing.
Personal Use Only.
User may use the Site and the Services exclusively for personal, non-commercial purposes.
The Site and Services are free for the user, for non-commercial purposes, subject to the restrictions of the AGPLv3. Any writing executed by the parties indicating different terms shall supersede this Agreement. In the future Service Provider may add or remove additional service levels at specified prices and / or terms.
Prohibited and Restricted Uses.
Your access to and use of the Allieae, Inc. Services is subject to these Terms and all applicable laws and regulations. We reserve the right, at any time, in our sole discretion, with or without notice, to block access to the Allieae, Inc. Services for any users who infringe any applicable laws or these Terms.
While using the Allieae, Inc. Services you yourself agree not to, and agree to not assist, encourage, or enable others to use the Allieae, Inc. Services:
- for unlawful, illicit, illegal, criminal or fraudulent activities, including but not limited to port scanning, sending spam, sending opt-in email, scanning for open relays or open proxies, sending unsolicited e-mail or any version or type of email sent in vast quantities even if the email is routed through third-party servers, any pop-up launching, use of stolen credit cards, credit card fraud, financial fraud, cryptocurrency fraud, cloaking, extortion, blackmail, kidnapping, rape, murder, sale of stolen credit cards, sale of stolen goods, offer or sale of prohibited, military and dual use goods, offer or sale of controlled substances, identity theft, hacking, pharming, phishing, scraping in any form or scale, digital piracy, intellectual property infringements and other similar activities;
- to assault, interfere, gain unauthorized access, deny service in any way or form to any other network, computer or node through Allieae, Inc. Services;
- to exploit children in any way, including audio, video, photography, digital content, etc.;
- to upload or distribute in any way files that contain viruses, worms, trojans, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
- to interfere with or attempt to interfere with the proper working of the Allieae, Inc. Services, any transactions being offered in connection with the Allieae, Inc. Services or any other activities conducted by us, disrupt our website or any networks connected to the Allieae, Inc. Services, or bypass any measures we may use to prevent or restrict access to the Allieae, Inc. Services;
- to exploit the Allieae, Inc. Services in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity;
- to use any robot, spider, scraper, or other automated means to access our website or Allieae, Inc. Services for any purpose without our prior written permission;
- to collect or harvest personal information about other users of the Allieae, Inc. Services;
- to collect or harvest personal data of individuals, without legitimate interest or consent, or in violation of any applicable law;
- to take any action that imposes or may impose an unreasonable or disproportionately large load on our infrastructure;
- to share any data or other content with any unreasonably large number of persons, including without limitation sending blast communications to a large number of recipients or sharing content with persons you do not know or who do not know you;
- to represent that you are the representative or agent of any of the Allieae, Inc. Services, including any of its functionality;
- to incorporate the Allieae, Inc. Services or any portion thereof into any other program or product;
- to copy or reproduce, in any form or by any means, any part of the Allieae, Inc. Services;
- to modify, translate, reverse engineer, decompile, disassemble, or create any derivative works based on the Allieae, Inc. Services, including any of its files or documentation, or any portion thereof, or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the FreePN application or any portion thereof;
- to violate general ethic or moral norms, good customs and fair conduct norms;
- to violate any third party’s rights, including any breach of confidence, personal data, copyright or any other intellectual property or proprietary right;
- to threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- to attempt to manipulate the FreePN or Allieae, Inc. name, services or products;
- to solicit or harvest personal information from or communicate with minors;
- attempt to gain unauthorized access to the Allieae, Inc. Services, computer systems or networks connected to the Allieae, Inc. Services through hacking, brute force or any other means;
- to use the Allieae, Inc. Services for any military purpose, including cyberwarfare, weapons development, design, manufacture or production of missiles, nuclear, chemical or biological weapons;
- to otherwise infringe or circumvent these Terms.
We reserve the right to refuse service or limit access to the Allieae, Inc. Services in our sole discretion. Such access limitation may be implemented by Allieae, Inc. instantly and without any indication or notice. We may suspend your access for clarification, investigation or request you to explain your actions and provide additional information. If your access has been suspended, you must contact us for further information. We may temporarily suspend your access for a reasonable period of time before we suspend access permanently.
We are under no obligation to enforce the Terms against you. We encourage you to let us know about the violation of these Terms by any FreePN users; however, in case of such violations we may take appropriate action at our sole discretion.
Use of The Services.
You are solely responsible for providing the equipment necessary to access and use the Site and the Services, including without limitation any computer, drive, software, hardware, application, modem, and internet connection. Service Provider shall not be responsible for any fees paid or accrued by you to access the internet. You agree to hold Service Provider harmless from any damage to such equipment regardless of the cause of such damage.
In the event of your breach of any term of this Agreement, Service Provider, in its sole discretion, may suspend your access to the Services, and delete any records concerning or associated with your use of the Site or the Services. You agree that you are not entitled to any monetary compensation in the event of suspension, and that you will indemnify Service Provider and hold it harmless from any costs of any nature whatsoever caused by or attributable in whole or in part to such suspension.
Service Provider’s Proprietary Property.
The Site, the Services, and any software, hardware, platform, server, code, or other materials used in connection with the Site and the Services (collectively "the Proprietary Materials") all of which are owned by Service Provider and/or its affiliates contain proprietary and confidential information not available to the public and protected by intellectual property and trade secret laws, including without limitation the Uniform Trade Secrets Act as well as trademark and copyright protections. Subject to your continued compliance with the terms of this Agreement, including without limitation payment of all sums due hereunder, Service Provider hereby grants to you a non-exclusive, non-transferable license to use the Site and the Services on a computer. You shall not, by or through any representative, agent, employee, director, officer, shareholder, partner, member, or third party, reverse engineer, reverse assemble, attempt or purport to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the Proprietary Materials, copy, modify, rent, lease, loan, sell, distribute, or create derivative works of (or based on) the Proprietary Materials, in whole or in part, or use modified versions of the Proprietary Materials, including without limitation obtaining unauthorized access to the Site or the Services. You may access the Site only through the interfaces provided by or through Service Provider.
The parties acknowledge that any breach of (i) Service Provider’s rights in and to its Proprietary Property or (ii) the Confidentiality provisions of this Agreement are such that legal remedies alone would be insufficient to protect Service Provider’s rights and interests. The parties further agree that in the event of a breach or potential breach of either the Service Provider’s Proprietary Property or the Confidentiality sections of this Agreement, or both, Service Provider may petition any court of competent jurisdiction for a restraining order, injunction, or such other equitable remedy as it may deem appropriate, and Licensee expressly waives any defense to the inapplicability or inappropriateness of such equitable remedies.
Third Party Service Providers.
Certain third parties may offer products and services through the Site and/or Services. Each such third party is solely responsible for the products or services it offers. Service Provider makes no warranty, guaranty, or representation concerning the availability, quality, fitness, safety, or suitability of or with respect to any such product or service or of the person or entity that offers, provides, or sells such product or service and expressly disclaims any such warranties, express or implied, including without limitation any implied warranties of fitness for a particular purpose or merchantability. You agree to indemnify Service Provider and hold it harmless from any loss, liability, damage, injury, or cause of action caused by or attributable to, in whole or in part, any negligent, grossly negligent, reckless, intentional, or willful act or omission of such third party product or service provider. Service Provider does not warrant that the information, assistance, advice, or consultation provided by any third party is accurate, beneficial, or will produce a desired result. Furthermore, Service Provider does not warrant or represent that any third party is qualified to provide and specific information or advice. All such information, assistance, advice, and consultation is provided "AS IS" and subject to the warranty disclaimers set forth below. Users agree to indemnify Service Provider and hold it harmless from any claim, cause of action, injury, loss, or damage caused by or alleged to be caused by the information, recommendations, counsel, or advice provided by any third party.
Disclaimer of Warranties.
USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK. THE SITE AND THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE. SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANY GOODS OR TANGIBLE MATERIALS PROCURED OR OBTAINED THROUGH THE WEBSITE, REGARDLESS OF ORIGIN, MANUFACTURER, OR PRODUCER, ARE PROVIDED "AS IS" AND "AS AVAILABLE". SERVICE PROVIDER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SERVICE PROVIDER MAKES NO WARRANTY THAT (i) ANY INFORMATION OR ADVICE OBTAINED FROM THE USE OF THE SITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE, (ii) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED AS A RESULT OF THE USE OF THE SITE OR THE SERVICES WILL MEET LICENSEE’S EXPECTATIONS, AND (iii) ANY ERRORS THAT IMPAIR THE FUNCTIONALITY OF THE SITE OR THE SERVICES WILL BE REPAIRED. LICENSEE ASSUMES ALL RISK OF LOSS FROM DAMAGE TO ITS COMPUTERS, SOFTWARE, HARDWARE, DRIVES, CODE, DATA, INFORMATION, CONTENT, INTELLECTUAL PROPERTY, AND OTHER PROPERTY OF ANY NATURE WHATSOEVER CAUSED IN ANY MANNER OR BY ANY METHOD FROM MATERIAL TRANSMITTED, RECEIVED, DOWNLOADED OR OTHERWISE OBTAINED OR SENT USING THE SITE. YOU ASSUMES ALL RISK OF LOSS CAUSED BY VIRUSES, MALWARE, WORMS, OR OTHER PROGRAMS OR MATERIALS TRANSMITTED BY OR THROUGH THE SITE.
Limitation of Liability.
In no event shall Service Provider be liable to you for any incidental, indirect, special, consequential, or punitive damages, regardless of the nature of the claim or liabilities to third parties arising from any source, even if a party to this Agreement has been advised of the possibility of damages.
In addition to any other indemnification obligations as set forth in this Agreement, you ("the Indemnifying Party") shall indemnify and hold harmless Service Provider, its officers, directors, employees, shareholders, agents, partners, members, successors, and assigns (each "an Indemnified Person") from and against any and all demands, claims, causes of action, losses, damages, liabilities, costs, and expenses (including, without limitation, attorneys’ fees) asserted by any third party against an Indemnified Person, resulting from any breach of the Indemnifying Party’s representations and warranties, any breach or non-fulfillment in the performance of the Indemnifying Party’s covenants and agreements, or negligence by the Indemnifying Party or an agent or independent contractor of the Indemnifying Party in connection with the performance of the Indemnifying Party’s covenants and agreements hereunder. Such indemnification obligation shall include without limitation claims and liabilities arising out of the transmission, use, or posting of Content, use of the Site or the Services, connection to and transmission of Content to or from the Site, your violations of this Agreement, and your violations of any third party’s rights, including without limitation any third party’s intellectual property rights.
Jury Trial Waiver.
IN THE EVENT OF ANY DISPUTE BETWEEN THE PARTIES, THE PARTIES HEREBY VOLUNTARILY AND KNOWINGLY WAIVE THE RIGHT TO A TRIAL BY JURY ON ANY ISSUE AND IN ANY CAUSE OF ACTION.
Class Action Waiver.
In the event of a dispute between the parties, resolution of same, whether by arbitration, litigation, or otherwise, shall proceed solely on an individual basis. You hereby waive any right to assert any claim or cause of action on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. Claims may not be joined or consolidated unless agreed to in writing by all parties. No award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party.
Compliance with COPPA.
The Site and Services are not intended for access or use by children under the age of 13 years.
Compliance with CalOPPA.
Failure of a party to enforce any provision of this Agreement shall not constitute a waiver of such provision or of the right of a party at any time to avail itself of such remedies as it may have for any breach or breaches of such provision. The provisions of this Agreement are severable. Should any part or portion hereof be deemed void or unenforceable by a court of competent jurisdiction, the remaining parts and portion shall remain in full force and effect. This Agreement represents the entire understanding by and between the parties and supersedes any other representations, promises, or statements not wholly consistent herewith. This Agreement may only be modified by a writing signed by both parties. The parties acknowledge the receipt and sufficiency of the consideration set forth in this Agreement. This Agreement shall be construed pursuant to the laws of Delaware without regard to its conflict of law provisions. Any lawsuit brought to interpret or enforce the terms of this Agreement shall be filed in the appropriate state or federal court with jurisdiction and venue over Newark, Delaware. The parties hereby waive any defense of improper venue, lack of personal jurisdiction, or forum non conveniens. You warrant that you read the foregoing Agreement, understand and acknowledge each of its provisions, have the authority to execute this Agreement on your own behalf as well as on behalf of any entity or third party signatory, and agree on your behalf and on behalf of any entity or third party signatory to be bound by the terms and conditions herein. Service Provider shall be entitled to recoup from you its costs, including without limitation its reasonable attorneys’ fees, in bringing or defending any lawsuit or other proceedings that concern in whole or in part the enforcement and/or interpretation of this Agreement. Service Provider shall not be liable in the event that the performance of any obligation of Service Provider hereunder is rendered impossible by any circumstance beyond its control and not created by its own act or omission, including flood, fire, and other natural disasters, war, riot or social unrest, work stoppage, act of terrorism, and Acts of God. Service Provider shall resume performance pursuant to the provisions of this Agreement upon the abatement of the force majeure. Any notice required to be given to Licensee may be made, in Service Provider’s sole discretion, by posting same conspicuously on the Site or by email to any email address provided by you. Notice to Service Provider shall be by U.S. Mail 149 New Montgomery St., San Francisco, CA 94105.