Terms of Service

Modification

iTop reserves the right to update these terms and conditions, and the information, the products, and the services (Services) mentioned in this Website at any time, at its sole discretion, without prior notice. The most recent version of the TOS can be reviewed by clicking on the “Terms of Service” hypertext link located at the bottom of our Website pages.

Privacy Policy

iTop is committed to protecting your privacy all the time. Your use of the Services on this Website is also subject to iTop’s Privacy Policy (the “Privacy Policy”), which is incorporated by reference and made a part of the TOS. It is important that you read and understand the terms of our Privacy Policy.

Account Registration

iTop provides different services to you via the Website or if you download the iTop products. Some services are available to you upon registration on the Website or through iTop products. You agree to provide truthful and accurate account information, including but not limited to a valid email address and password (collectively, your “Account Information”). You may not be required to provide some or all of the Account Information if you register through one of our social networking partners, such as Facebook or Twitter.

By creating or registering an account for using our services on this Website, you represent that you are at least eighteen (18) years of age or that you are a valid legal entity, and that the registration information you have provided is accurate and complete.

You understand that it is your obligation to keep the details of your iTop Account Information confidential. All activity under your account is your responsibility. If you ever discover or suspect that someone has accessed your account without your permission, please notify us at tickets@itopvpn.com as soon as possible so that we can revoke your account credentials and replace them with new ones.

Restrictions on Use

This Website may be accessed from all around the world, so it is your responsibility to assess whether using the Website, products, or services is in compliance with your local laws and regulations. Whenever you use the Website, products, or services, you must comply with these terms and conditions, applicable laws, regulations, and policies. iTop reserves the right to seek all remedies available by law and in equity for any violation of these terms and conditions.

You understand that the Website and the Services on the Website should not be misused. iTop may take appropriate measures to protect the Website and the Services from being misused or used to harm someone.

As a condition of your use of this Website and any of the Services, you agree not to

Use the Website for any purpose that is illegal under applicable law or banned by the terms and conditions of the TOS and End User License Agreement;
Defame or disparage any other person, both legal and physical, or make obscene, derogatory, or offensive comments, or otherwise use this Website and/or the Services or their content in a way that brings iTop or any third party into disrepute or makes iTop liable to any third party;
Send, post, or transmit over the Services any illegal, hateful, threatening, insulting, or defamatory content;
Send, post, or transmit over the Services any content which infringes on intellectual property rights; invades privacy; or incites violence.
Download, upload, post, reproduce, or distribute any content protected by copyright or any other proprietary right without the owner of the proprietary content’s permission.
Download, upload, post, reproduce, or distribute any content that includes sexual or explicit depictions of minors.
Create derivative works from, or exploit in any way, this Website and/or the Services or their content;
Use this Website and/or the Services to distribute viruses or malware or other similar harmful software code;
Attempt to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”).
Attempt to compile, utilize, or distribute a list of IP addresses operated by iTop in conjunction with the Services.
Act in any manner that could damage, disable, overburden, or impair any iTop server, or the networks connected to any iTop server, or interfere with any other party’s use and enjoyment of this Website and the Services.
Attempt to gain unauthorized access to this Website and/or any Services, other accounts, computer systems or networks connected to any iTop server or to any Web Properties and/or Services, through hacking, password mining or any other means.
Obtain or attempt to obtain any materials or information through any means not intentionally made available to legitimate users through this Website and/or the Services.

Canceling & Termination of Your Account

You can cancel your account at any time by contacting with your request, or use the option inside of the related iTop software settings. For paid subscription users, please also refer to our Refund Policy when request canceling your account.

iTop may terminate your account immediately (i) in the event of breach or violation of the Terms of Service by you or (ii) as set forth in the section “Warranty Disclaimer” (see Section "Disclaimers" below).

Links to Third Party Websites

Certain links contained on this Website and/or the Services that refers to other websites of third parties are not in control of iTop. We do not make any representations or warranties of any kind, express or implied, as to the operation included in other websites. The names of actual companies and products in this Website may be the trademarks of their respective owners. Your access through our Services to any website, service, or content provided by third parties does not indicate any relationship between iTop and such third parties. These links are provided to you only as a convenience.

Partner Services

iTop may from time to time provide promotional offers for partner services, applications, or websites (“Partner Services”) as an added benefit to the Services. The Partner Services are not integrated or incorporated with the Services, and your interaction with any Partner Services are governed by their own applicable terms. iTop will never share your personal information with any provider of Partner Services.

iTop does not guarantee and is not responsible or liable for the behavior, features, or content of Partner Services or any transaction you may enter into with any provider of Partner Services, nor does iTop warrant the compatibility or continuing compatibility of the Services with Partner Services.

Intellectual Property

All content ("INFORMATION") on this website, including all the text, design, layout, software (including any source code), and other works are protected by copyright. Except as specifically permitted, no portion of this Website may be distributed or reproduced by any means, or in any form, without iTop’s prior written permission. Permission to use content may be granted on a case-by-case basis. For more information about obtaining permission, please contact us.

All products and services, including logo and words referred on this Website are trademarks or intellectual property right of iTop. The itopvpn.com domain and its subdomains are owned and operated by iTop. Any rights not expressly granted herein are reserved.

Disclaimers

“AS IS” BASIS

THE WEBSITE, THE ITOP APPLICATIONS AND THE SERVICES (INCLUDING ALL THEIR CONTENT) ARE PROVIDED TO YOU “AS IS.” THE DOWNLOAD OF THE ITOP APPLICATIONS AND/OR ANY USE OF THE WEBSITE, THE ITOP APPLICATIONS AND THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE, LOSS OF DATA OR ANY OTHER LOSS THAT RESULTS FROM THE DOWNLOAD OF THE ITOP APPLICATIONS AND/OR USE OF THE WEBSITE, THE ITOP APPLICATIONS AND THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITOP DISCLAIMS ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON INFRINGEMENT. ITOP MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE WEBSITE, THE ITOP APPLICATIONS AND THE SERVICES WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ITOP DISCLAIMS ANY LIABILITY RELATING THERETO. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY OR MAY NOT APPLY TO YOU.

WARRANTY DISCLAIMER

ITOP MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR THE ITOP APPLICATIONS AND THE PROVISION OF THE SERVICES ARE OR WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR ERROR-FREE. WITHOUT PRIOR NOTICE, ITOP MAY MODIFY, SUSPEND, OR DISCONTINUE ANY ASPECT OR FEATURE OF THE WEBSITE, THE ITOP APPLICATIONS AND/OR THE SERVICES OR YOUR USE OF THE WEBSITE, THE ITOP APPLICATIONS AND/OR THE SERVICES. IF ITOP ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE ANY PART OF OR ALL OF THE WEBSITE, THE ITOP APPLICATIONS AND/OR THE SERVICES, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.

YOUR INFORMATION

YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION ON THE WEBSITE OR VIA THE ITOP APPLICATIONS IS AT YOUR OWN RISK. ITOP DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.

THIRD PARTY CONTENT

SOME OF THE CONTENT DISPLAYED ON THE WEBSITE OR THROUGH THE ITOP APPLICATIONS MAY INCLUDE MATERIALS THAT BELONG TO OR ARE PROVIDED BY THIRD PARTIES. YOU ACKNOWLEDGE THAT ITOP ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS AND/OR SERVICES.

Limitations of Liability

UNDER NO CIRCUMSTANCES ARE WE, OUR AFFILIATES, OR OUR SUPPLIERS LIABLE TO YOU FOR ANY: (A) INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; (B) THEFT OF PERSONALLY IDENTIFIABLE INFORMATION OR COST OF PROCURING SUBSTITUTE SOFTWARE OR SERVICES, AND (C) DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF PERSONNEL SALARIES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOSS OF DATA, OR NEGLIGENCE OF ANY KIND, OR FOR ANY OTHER NONDIRECT DAMAGE OR LOSS.

IN NO EVENT WILL OUR, OUR AFFILIATES’ OR OUR SUPPLIERS’ AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES EXCEED THE PRICE YOU PAID FOR THE APPLICABLE SOFTWARE OR SERVICES, OR US$ 10 (OR THE EQUIVALENT AMOUNT IN NATIONAL CURRENCY).

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ITOP, ITS OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, PARTNERS, AGENTS, AND SUPPLIERS, AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, PARTNERS, AND AGENTS, FROM ANY AND ALL CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING OUT OF YOUR USE OF THE CONTENT AND SERVICE, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF THIS AGREEMENT. WE MAY, AT OUR SOLE DISCRETION, ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU. THE ASSUMPTION OF SUCH DEFENSE OR CONTROL BY US, HOWEVER, SHALL NOT EXCUSE ANY OF YOUR INDEMNITY OBLIGATIONS.

Governing Law and Dispute Resolution

The terms of this TOS shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China, excluding its rules governing conflicts of law.

Any purchases made through any of iTop’s online stores will be governed by the End User License/Services Agreement and Terms of Sale applicable to that purchase. Most customer concerns can be resolved through iTop’s online support center. In the event that iTop is unable to resolve a complaint to your satisfaction, please send a notice to tickets@itopvpn.com.

Final Provisions

If any provision in this TOS is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this TOS shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of this TOS shall not constitute a waiver of such right or provision.

Contact Us

Should you have any questions concerning this notice, or if you desire to contact iTop for any reason, please contact us.