These Terms of Service ("Terms") govern your use of www.curryscloudbackup.co.uk (the "Site") and the Secure VPN by Currys and related service (the "Services"), which are owned and operated by IPVanish ("IPVanish," "we" or "us"). Our Privacy Policy is incorporated by reference into these Terms and is subject to the provisions of these Terms. Please read these Terms carefully before you access the Site or Services, as these Terms form a binding legal agreement between you and IPVanish.

• By accessing the Site or registering for or using the Services you agree to be bound by these Terms of Use in their entirety for the period of time agreed between the parties. You will be bound by these Terms of Use for the set period specified at sign-up (the "Initial Contract Period"). If you later choose to enter into an optional subscription to renew the Services when you activate the Services or at any point after activation, you will be bound by these Terms of Use for both the Initial Contract Period and such further fixed periods as are renewed automatically (each a "Renewal Contract Period")

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR SERVICES. YOUR USE OF OUR SITE AND SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES THE IPVANISH PRIVACY POLICY, WHICH CAN BE FOUND AT https://www.curryscloudbackup.co.uk/privacy-policy/

Changes to the Terms and Changes to the Services

• We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of this policy. Such modification shall be effective immediately upon posting at the Site. As your next visit to a Site or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavour to provide registered users with additional notice of any changes, such as at your e-mail address of record, when you log-in to your account, or when you log-in to the Services.
• Your use or continued use of the Site or Services following the posting and/or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.
• The Services may continue to change over time as we refine and add more features and we may modify any content from the Services from time to time;

In the event of a material change, we will provide any user of that aspect of the Services with at least 30 days' notice prior to taking such action, save where the changes to the Services are the result of (i) minor technical adjustments which can be of no real significance to your use of the Services; (ii) changes required by law; (iii) changes required by necessity (e.g. to ensure the integrity or security of the Services or your data), or (iv) enhancements to the Services to reflect advancements in technology for your benefit, in which case we may not be able to provide you with 30-days prior notice and instead notice may be provided to you after the date of the material change.

IPVanish shall not increase the price of the Services during the Initial Contract Period and thereafter during any Renewal Contract Period. IPVanish reserves the right to increase the price of the Services at renewal of the Initial Contract Period or a Renewal Contract Period.

The notice referenced above shall set out the scope of the change and enable you to understand the impact of this change on the delivery of the Services. If you do not agree to the material change made to the Services, you may terminate your use of the Services within 30 days of receiving the notice, and should you decide to terminate, you shall be entitled to a refund of fees paid for the unexpired portion of the InitialContract Period or any Renewal Contract Period.

It is our intention that any such modification would not materially reduce the functionality of the Services, however in the exceptional cases where the functionality is materially affected by the modification, we will phase out the modification over a period of 12 months, ensuring that the Service to you remains unaffected for the duration of your Initial Contract Period or any Renewal Contract Period, and shall provide you with a notice prior to your next renewal date to explain the modification to the Services.

VPN Service and Activation

You understand that we are providing you with a virtual private network ("VPN") service, which includes, but is not limited to, the use of servers, transport, routers, IP addresses and other equipment and protocols to transmit information over our network (the "System"). You agree to abide by these Terms with respect to your use of the Service.

The Services may be activated in one of two ways:

1. you can visit curryscloudbackup.co.uk and complete the activation process; or
2. if you have not taken steps to activate the Services in the three months after purchase, we reserve the right to automatically activate the Services without further reference to you.

You will be sent an email confirmation following activation where IPVanish is in receipt of a valid email address.

Authorized User; Your Responsibility.

You may not access or use the Site or Services if you are unable to form a binding, legal agreement with IPVanish. You confirm that you are over the age of 18 or have parental consent to agree to the Terms. You assume all responsibility for your use of, or access to, the Site or Services.

IPVanish does not meter the number of connections from a client. However, IPVanish reserves the right to reduce or limit connections to ensure the proper functioning of our systems.

Personal Information

1. Accuracy. By registering for our Services, you represent and warrant that all information you submit to us is true, accurate, current and complete and that you will promptly notify us if your information changes.
2. Privacy. You may browse the Site without providing us with any personal information; however, to use our Services, you must register with us and submit certain personally identifiable information. You expressly agree that we may use your information in accordance with the terms of the Privacy Policy, which you can find and read at https://www.curryscloudbackup.co.uk/privacy-policy/.

Personal Use; Limited License

IPVanish grants you a personal, limited, non-transferable, non-exclusive license to use the Site content and the Services, solely for your personal, private and non-commercial use in connection with the IPVanish Services accessed by you. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services or our System to host content for others. You may not copy or download any content from the IPVanish Services except with the prior written approval of IPVanish.

Furthermore, without the prior written approval of IPVanish, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of Site content or Services. Any commercial use is expressly prohibited.

You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Site. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the IPVanish Services you are using.

Making unauthorized copies or distribution of Site content may result in the termination of your IPVanish account, prohibition on use of IPVanish Services, and further legal action.

Software

The Services may require or allow you to download software, software updates or patches, or other utilities and tools onto your computer, entertainment system or device ("Software"). IPVanish grants to you a non-exclusive, limited license to use Secure VPN by Currys solely for the purpose stated by IPVanish at the time the Secure VPN by Currys is made available to you and in accordance with these Terms. Your use of the Secure VPN by Currys may be subject to the terms of an end-user license agreement. You may not sub-license, or charge others to use or access Secure VPN by Currys. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from Secure VPN by Currys. You may not modify Secure VPN by Currys or use it in any way not expressly authorized in writing by IPVanish. You understand that IPVanish's introduction of various technologies may not be consistent across all platforms and that the performance of Secure VPN by Currys and related IPVanish Services may vary depending on your computer and other equipment. From time to time, IPVanish may provide you with updates or modifications to Secure VPN by Currys. You understand that certain updates and modifications may be required in order to continue use the Secure VPN by Currys and IPVanish Services.

SPAM

IPVanish enforces a zero-tolerance SPAM policy regarding information transmitted through our network. IPVanish may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:

• Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via e-mail that advertise any IP address belonging to IPVanish or any URL (domain) that is hosted by IPVanish.
• The use of web pages set up on ISPs that allow SPAM-ing (also known as "ghost sites") that directly or indirectly reference customers to domains or IP addresses hosted by IPVanish.
• Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.
• If IPVanish determines that you have posted one or more articles of spam, we may cancel your account immediately and take steps to prevent you from using our network at any time thereafter.

Fees; Payment Terms

• All subscription fees payable by you for the Services shall be in accordance with the fees listed in your account portal at curryscloudbackup.co.uk (the "Pricing Structure"), and if applicable to your contract, shall be due and payable for provision of the Services in advance of theInitial Contract Period and any subsequent Renewal Contract Period.
• We reserve the right to alter the Pricing Structure, including ceasing to offer elements of the Services as provided for in clause 3. The current Pricing Structure will always be posted in your account portal found at curryscloudbackup.co.uk and where a significant change (meaning a change that would lead to you paying more for the Services) is made to the Pricing Structure, we will provide you with notice at least 30 days prior to that new Pricing Structure being applied to the Services we provide you. By continuing to access or use the Services after receiving such notice, you agree to be bound by the revised Pricing Structure as and from the start of the next Renewal Contract Period. If you do not agree to the new Pricing Structure, you can then notify us that you want to discontinue use of the Services.
• All fees for our Services are due in advance and if you have chosen to set up a subscription, your contract will automatically renew on the expiry of either the Initial Contract Period or Renewal Contract Period if you have previously renewed, at which point fees for the following Renewal Contract Period become payable. Livedrive shall provide you with notice of the renewal at least 30 days prior to the expiry of the Initial Contract Period or Renewal Contract Period if you have previously renewed. If you choose to pay by credit or debit card then you authorise Livedrive to debit your card with the fees due, and to avoid interruptions in the Services caused by rejected credit or debit card charges, Livedrive reserves the right to update your credit or debit card details (such as expiration dates) where this is not prohibited by law. YOU UNDERSTAND AND AGREE THAT IPVANISH IS ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES. If you wish to cancel your contract with IPVanish, you must do so in writing at least one week before the expiry of either the Initial Contract Period or the Renewal Contract Period if you have previously renewed.
• You acknowledge that in the event that you chose to issue a chargeback via your bank in relation to any fees charged by us, there is a risk that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the Terms.

REFUND POLICY

All fees paid to us are non-refundable except in circumstances set out in these Terms or in accordance with your Statutory Rights.

Use of Services

Subject to clause 19, IPVanish is not liable for the loss, corruption, alteration or removal of any content transmitted using our Services or on our System. By using our Services, you expressly waive the right to seek damages and agree to hold IPVanish harmless for any such loss, alteration, corruption or removal.

IPVanish may also at any time modify or discontinue, temporarily or permanently, all or any part of the Services or your account, with or without notice, and you agree that IPVanish will not be liable to you or any third party for any such modification, suspension or discontinuance. Our Services are not intended to be used in countries where offering or providing the Services is illegal, and we do not offer the Services in such countries or to citizens of such countries, including the countries of Iran, Cuba, North Korea, Syria or Sudan.

Third-Party Content

We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Services. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Services, our network, the public or our users. We are not a publisher of third-party content accessed through the Services and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.

Acceptable Use Policy

You agree to comply with all applicable laws and regulations in connection with your use of the Services. You may not use our Services, or our Software or System, to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited:

• The transmission or posting of chain letters or pyramid schemes, or other acts that involve deceptive online marketing practices or fraud;
• Sending or transmitting any SPAM over the Services, whether via e-mail, Usenet, or any other communication channel
• Acts that may materially affect the quality of other users' experience, including, without limitation, "spikes" in bandwidth usage or using any program/script/command, or sending messages of any kind, designed to interfere with a third party customer terminal session, via any means, locally or via the Internet;
• Actual or attempted unauthorized use or sabotage of any computers, machines or networks;
• Introducing malicious programs into IPVanish's network or servers (e.g. viruses, worms, Trojan horses, etc.);
• Engaging in any monitoring or interception of data not intended for you without authorization;
• Attempting to circumvent authentication or security of any host, network, or account ("cracking") without authorization;
• Using any method, software or program designed to collect identity information, authentication credentials, or other information from the legitimate users of another entity's website or service;
• Transmitting or receiving, uploading, using or reusing material that is abusive, indecent, defamatory, harassing, obscene or menacing, or a breach of confidence, privacy or similar third party rights;
• Transmitting or receiving, uploading, using or reusing material that violates any intellectual property rights of a third party, including, without limitation, patent, trademark or copyrights;
• Transmitting or receiving, uploading, using or reusing material that includes sexual or explicit depictions of minors in any form;
• Transmitting or receiving, uploading, using or reusing material that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate these Terms;
• Falsifying header information or user identification information;
• Using the Services for anything other than lawful purposes including, but not limited to, intentionally or unintentionally violating any applicable local, state, national or international law; or
• Impersonating any person or entity, including, but not limited to, a IPVanish representative, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

Copyright Protected Materials

IPVanish respects the intellectual property rights of others and expects that you do the same. It is our policy to terminate in appropriate circumstances the accounts of subscribers who infringe the copyrights of others. You may not upload, download, post, publish, transmit, reproduce, or distribute in any way, files, material, information, software or other material obtained through the System that is protected by copyright or other proprietary right or derivative works with respect thereto, without obtaining permission of the copyright owner or other right holder. Additionally, you shall not upload, download, post, publish, reproduce, transmit or distribute in any way any component of the System itself or derivative works with respect thereto.

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 IPVanish, 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.

Right to Restrict or Terminate Access

If you have chosen to set up a subscription, these Terms shall be automatically renewed for the Renewal Contract Period , until cancelled by you or by IPVanish. IPVanish may deny or restrict your access to all or part of the System without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that IPVanish in its reasonable discretion believes violates the letter or spirit of any of these Terms. If IPVanish denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.

Security

You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting these data. Access to the System, our Services, the Internet, and to certain online transactions involves the use of identification numbers, passwords, payment accounts or other individualized non-public information ("Private Documentation"). You shall use your best efforts to prevent unauthorized use of our Services, the System or of any Private Documentation, and shall promptly report to IPVanish any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. IPVanish shall not be liable for any unauthorized use of payment accounts. Account sharing (e.g. allowing others to use your account information to access the Services) is not permitted.

Children and Minors

By using our Services, you affirm that you are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside. You understand that the Internet may contain information which may be offensive, may be illegal in various jurisdictions or may be inappropriate for certain ages and that IPVanish is not responsible for detection and removal of such information. In accordance with the Children's Online Privacy Protection Act (COPPA) and associated rules, we do not knowingly collect or maintain any personal information from children under 13.

DISCLAIMER OF WARRANTY

Actual service coverage, speeds, locations and quality may vary. IPVanish will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability 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, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.

YOUR USE OF THE SITE AND SERVICE IS AT YOUR SOLE RISK. THE SITE, ALL SITE INFORMATION AND THE SERVICES ARE 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, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. IPVANISH DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IPVANISH DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR SERVICE, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, IPVANISH'S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE AND SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL IPVANISH, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS ("IPVANISH PARTIES") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, OUR SITE OR CONTENT ANYWHERE ON THE INTERNET, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE AND SERVICES.

IF, NOTWITHSTANDING THE FOREGOING, ANY OF THE IPVANISH PARTIES IS FOUND TO BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SITE, SERVICE, SOFTWARE OR ANY CONTENT THEREIN, THE IPVANISH PARTY'S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID IPVANISH FOR YOUR USE OF THE SERVICE; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.

SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES. IN SUCH STATES OR JURISDICTIONS, THE IPVANISH PARTIES' LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

Indemnity

You agree to defend, indemnify and hold the IPVanish Parties harmless from any claim or demand, including reasonable attorneys' fees, made by any third party arising out of or relating to any violation of these Terms by you; any content or material you submit or otherwise transmit through our System or Services; or your violation of any rights of another. IPVanish reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to defence by you. This Section shall survive termination of these Terms.

Automatic Renewal

If you signed up for an automatically renewing subscription, at the expiry of either the Initial Contract Period or subsequent Renewal Contract Period your subscription will automatically renew and you will be automatically charged the then-current renewal price for the subscription. You may cancel auto-renewal of your subscription any time by following the cancellation procedures set forth at www.currys.co.uk/services/digital-services/secure-vpn.html#HelpFaqs.

Complaints

If you are dissatisfied with the Services or wish to make a complaint, you may contact us using the contact details set out below. We will handle complaints in accordance with this clause.

You may submit a complaint:

• via our online form;
• or by calling us at 0800 0121 909

When submitting a complaint, please provide sufficient details to enable us to investigate the matter, including your name, account details, and a description of the issue.

Termination

If you wish to invoke your statutory right under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 to cancel your contract during the free trial period or for 14 days after each renewal date of the Initial Contract Period or any Renewal Contract Period, you may do so by informing us by email, phone or in writing, or alternatively you can download, complete and return this form https://currys.secure-mobiles.com/embeddedforms/v1/vpn/cancel by email or fax to us, at any time prior to the end of the free trial 14 day period.

You can end your Initial Contract Period or subsequent Renewal Contract Period by cancelling online by visiting https://www.curryscloudbackup.co.uk or by calling 0800 012 1909 no less than 1 week prior to, or no greater than 14 days after (should you invoke your cancellation right), the end of the Initial Contract Period or any Renewal Contract Period. Fees paid by you to us prior to your decision to stop using our Services will not be refunded to you, unless your decision to stop using our Services follows a change in:

1. the content of the Services as set out in clause 1;
2. The Fees as set out in clause 8; in which cases your fees shall be refunded pro-rata for the unexpired portion of your Initial Contract Period or any Renewal Contract Period
3. Your access to the Services will cease at the end of the Initial Contract Period or any Renewal Contract Period you have entered into if you have not set up a subscription to renew the Services.
4. We reserve the right at our discretion to not permit you to renew your use of the Services by providing you with at least 4 weeks' notice prior to the end of the Initial Contract Period or Renewal Contract Period.

In the event of a material breach by you of these Terms (as set out below) or as required by law or requirements set down by government agencies, we retain the right to suspend or terminate the provision of these Services to you, with 10 days' notice to you, and where possible provide you with an opportunity to remediate the situation within this 10 day period. Where remediation is not possible or is not effected by you, then at the end of this notice period, we shall terminate for material breach of these Terms, and no refund of any fees paid will be offered. It shall constitute a material breach of these Terms if we have a reasonable belief that you:

5. use the Services in any way that would cause us legal liability or be deemed a use for an illegal purpose;
6. use the Services in such a manner that has the effect of disrupting others' use of the Services;
7. repeatedly or flagrantly violate any of these Terms;
8. act in conflict with a court order, or our providing the Services to you is in breach of a court order;
9. represent a danger to the best interests of other customers or third-parties;
10. directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services or manipulate Services in any manner not specified by us;
11. are found to have used the Services to store, backup or distribute material protected by intellectual property rights (including copyright) of a third-party unless you own or have appropriate rights to such material;
12. engage in activity that damages or is likely to damage our tangible or intangible assets; or
13. otherwise act in breach of the terms of our Acceptable Use Policy. If we suspend or terminate your use, we will use commercially reasonable efforts to work with you to retrieve your files at no additional fee.

Binding Arbitration and Class Action Waiver

You and we agree that all disputes and claims between you and us shall be settled by binding arbitration instead of in courts of general jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and includes, but is not limited to, any dispute, claim or controversy arising out of or relating in any way to the Services, our software, our website, the Terms or any aspect of the relationship between you and us. You agree that, by agreeing to the agreement, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and we are each waiving the right to a trial by jury or to participate in a class action. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of these Terms and the termination of your account.

A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to us should be addressed to: IPVanish, ATTN: Legal Department, 360 Park Avenue, New York, NY 10010, USA ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If you and we do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled. You may download or copy a form Notice and a form to initiate arbitration at www.jams.com. If you are required to pay a filing fee, after we receive notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000.

The arbitration will be governed by the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Expedited Arbitration Procedures (collectively, "JAMS Rules") of JAMS, as modified by the Terms, and will be administered by JAMS. JAMS Rules and Forms are available online at www.jamsadr.com. The arbitrator is bound by the Terms. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration provision. Unless you and we agree otherwise, any arbitration hearings will take place by video or telephone conference. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by JAMS Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by JAMS Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator is not authorized to award punitive or other damages not measured by the prevailing party's actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of the Agreement.

We may make a written settlement offer any time before an arbitrator is selected. If the arbitrator issues you an award that is greater than the value of our last written settlement offer made before an arbitrator was selected (or if we did not make a settlement offer before an arbitrator was selected), then we will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by JAMS Rules.

General Terms

1. Entire Agreement. These Terms, along with any rules, guidelines, or policies published on the IPVanish homepage or https://www.curryscloudbackup.co.uk constitute the entire agreement between IPVanish and you with respect to your use of our Site Services. If there is any conflict between the Terms and any other rules or instructions posted on the Site or Services, the Terms shall control.
2. Amendments. No amendment to these Terms by you by shall be effective unless acknowledged in writing by IPVanish. Notwithstanding the foregoing, IPVanish reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above.
3. Jurisdiction and Venue. These Terms shall be governed by, and construed in accordance with, the laws of the state of New York under the jurisdiction of the courts located in New York County, New York. The parties each hereby consent to the jurisdiction and venue in New York and waive any objections to such jurisdiction and venue.
4. Limited Time to Bring Claim. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site or Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred.
5. Severability. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect.
6. Assignment. You may not assign its rights or obligations under these Terms without the prior written consent of IPVanish, which may be withheld in IPVanish's sole discretion.
7. Non-Waiver. IPVanish's failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.