These Terms of Service (“Agreement”) govern your use of the VPN service (the “Service”) provided by Fourplex Telecom LLC, a company incorporated under the laws of New York, United States. By accessing or using the Service, you (“User” or “You”) agree to be bound by this Agreement. If you do not agree with these terms, do not use the Service.
1. Acceptance of Terms
By using the Service, you agree to comply with and be bound by this Agreement and any future amendments. Fourplex Telecom LLC may modify these terms at any time, and such modifications will be effective immediately upon posting on our website or notifying you via email.
2. Description of Service
- Service Overview: Fourplex Telecom LLC provides the Static IP Tunnel service, a Virtual Private Network (VPN) service designed to allow hosting of servers behind Carrier Grade NAT and other firewalls, as well as provide IPv6 prefixes on non-dual-stack connections, and a AMD Ryzen-powered Virtual Private Server (VPS) hosting designed to provide a cloud server on a Fourplex-managed server. Fourplex does not provide a privacy service and hence abuse complaints arising from your service will be forwarded to your email.
- Service Availability: We strive to maintain 99.9% uptime for our VPN and VPS service. However, the Service may be unavailable during periods of maintenance or due to unforeseen technical issues. We will notify users in advance of scheduled maintenance whenever possible.
3. Account Creation & Responsibilities
- Account Creation: In order to use the Service, you must create an account with Fourplex Telecom LLC by providing a valid email address and creating a password. You agree to provide accurate, up-to-date information when registering and to update this information if necessary.
- User Responsibilities: You are solely responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify us if you suspect unauthorized access to your account.
- Eligibility: You must be at least 18 years old or the legal age of majority in your jurisdiction to use the Service. By using the Service, you represent that you are eligible to enter into this Agreement.
4. Acceptable Use Policy
- Prohibited Activities: You agree not to use the Service for any of the following:
- Engaging in illegal activities, including but not limited to hacking, fraud, or distributing malicious software.
- Conducting activities that violate any local, state, or international laws.
- Using the Service to engage in spamming, phishing, mass email sending/email marketing or the sending of unsolicited communications.
- Attempting to circumvent any security measures or access systems that are not authorized for use.
- Fair Use: Fourplex Telecom LLC’s Static IP Tunnel and VPS services are not designed for bandwidth-intensive applications. If a bandwidth-intensive application is run, the service may result in throttling or termination.
5. Fees and Payment
- Subscription Plans: The Service is available under different subscription plans:
- Payment Methods: We accept payments via PayPal.
- Refund Policy: If you are not satisfied with the Service, you may request a full refund within 30 days of subscribing. After 30 days, there is a fee of $1 or 10% of the unused service, whichever is greater.
- Taxes: You are responsible for any taxes or fees associated with your use of the Service based on your location.
6. Service Availability & Disclaimers
- Service Interruptions: While we aim to provide consistent and reliable service, Fourplex Telecom LLC does not guarantee uninterrupted or error-free service. We are not liable for any service interruptions caused by factors outside our control, including but not limited to network failures, third-party service disruptions, or hardware malfunctions.
- No Warranty: The Service is provided “as is,” and Fourplex Telecom LLC makes no representations or warranties, express or implied, regarding the performance, reliability, or availability of the Service.
7. Termination of Service
- Termination by User: You may cancel your subscription at any time by following the instructions on our website. Upon cancellation, you will continue to have access to the Service until the end of your current billing period.
- Termination by Provider: We may suspend or terminate your account if you violate this Agreement or engage in illegal activities using the Service. We will provide notice of termination unless prohibited by law or in cases of severe violation.
- Effect of Termination: Upon termination, any remaining balance or subscription fees will be forfeited, and your account will be disabled. Fourplex Telecom LLC is not obligated to store or retain any data related to your account after termination.
8. Limitation of Liability
- No Liability: Fourplex Telecom LLC shall not be liable for any direct, indirect, incidental, consequential, or punitive damages resulting from the use or inability to use the Service.
- Limit of Liability: In no event will our liability exceed the amount you paid for the Service during the past month (if on a monthly plan) or the last year (if on an annual plan), whichever is less.
- Indemnification: You agree to indemnify, defend, and hold harmless Fourplex Telecom LLC and its affiliates from any claims, losses, damages, or expenses arising from your use of the Service.
9. Governing Law & Dispute Resolution
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of New York, United States.
- Dispute Resolution: Any dispute or claim arising out of or relating to this Agreement shall be resolved through binding arbitration in Westchester County, New York, United States in accordance with the rules of American Arbitration Association. You waive any right to participate in class action lawsuits.
- Consumer Rights: Nothing in this Agreement affects your statutory rights under local consumer protection laws.
10. Data Collection and Use
- Logging Policy: Fourplex Telecom LLC does not track or store any user activity data, including browsing history, traffic data, or any other personally identifiable information, beyond the necessary data for managing service performance and billing purposes.
- Third-Party Sharing: We may share your data with third-party partners for payment processing and technical support. We do not share your information for marketing purposes.
- Data Retention: We retain user data, including account information and billing details, only as long as necessary to provide the Service or comply with legal obligations.
11. Privacy Policy
For more information about how we handle your personal information, please refer to our Privacy Policy, available on our website.
12. Contact Information
- Customer Support: If you have any questions or concerns about this Agreement, please contact our support team at:
- Email: support@fourplex.net
- Legal Notices: For legal inquiries, please send correspondence to:
- Email: legal@fourplex.net
13. Miscellaneous
- Entire Agreement: This Agreement, along with any additional policies referenced herein (such as the Privacy Policy), constitutes the entire understanding between you and Fourplex Telecom LLC regarding the use of the Service.
- Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Assignment: Fourplex Telecom LLC may assign or transfer its rights and obligations under this Agreement to any third party without notice.