1. Description of Service
1.1. Moca VPN provides anonymous online web surfing protection for personal and non-commercial use. In exchange for certain Moca VPN Services, Moca VPN charges its users with a Service fee. Users must be at least 18 years old (or have the explicit permission of a parent or guardian) and understand all of the Terms within the Moca VPN's Terms of Service agreement.
2. Your Relationship with Moca VPN
2.1. Your use of Moca VPN's products, software, Services and websites (referred to collectively as the "Services" in this document) is subject to the Terms of a legal agreement between You and Moca VPN. Moca VPN's principle place of business is at 1102 Fairview Dr. La Canada, CA 91011, United States. This document explains how the agreement is made up, and sets out some of the Terms of that agreement.
2.2. Unless otherwise agreed in writing with Moca VPN, Your agreement with Moca VPN will always include, at a minimum, the Terms of Service set out in this document.
3. Accepting the Terms
3.1. In order to use the Services, You must first agree to the Terms. You may not use the Services if You do not accept the Terms.
3.2. You can accept the Terms by:
(A) Clicking to accept or agree to the Terms, where this option is made available to You by Moca VPN in the user interface for any Service; or
(B) By actually using the Services. In this case, You understand and agree that Moca VPN will treat Your use of the Services as acceptance of the Terms from that point onwards.
3.3. You may not use the Services and may not accept the Terms if:
(A) You are not of legal age to form a binding contract with Moca VPN; or
(B) You are barred from receiving the Services under the laws of the United States or other countries including the country in which You are resident or from which You use the Services.
4. Language of the Terms
4.1. Where Moca VPN has provided You with a translation of the English language version of the Terms, then You agree that the translation is provided for Your convenience only and that the English language version of the Terms will govern Your relationship with Moca VPN.
4.2. If there is any contradiction between the English language version of the Terms says and that the translation says, then the English language version shall take precedence.
5. Provision of Services by Moca VPN
5.1. Moca VPN is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Service which Moca VPN provides may change from time to time without prior notice to You.
5.2. As part of this continuing innovation, You acknowledge and agree that Moca VPN may stop (permanently or temporarily) providing the Services (or any of the features within its Services) to You or to users generally at Moca VPN's sole discretion, without prior notice to You. You may stop using Moca VPN's Service at any time. You do not need to specifically inform Moca VPN when You stop using Services.
5.3. You acknowledge and agree that if Moca VPN disables access to Your account, You may be prevented from accessing the Services, Your account details or any files or other content which is contained in Your account.
5.4. You acknowledge and agree that while Moca VPN may not currently have set a fixed upper limit on the number of transmission You may send or receive through the Services or the amount of storage space used for the provision of any Service; such fixed upper limits may be set by Moca VPN at any time, at Moca VPN's discretion.
5.5. You agree that Moca VPN has no obligation to monitor the Services or any user's use thereof or retain content of any user session. However, Moca VPN reserves the right at all times to monitor, review, retain and or disclose any information as necessary to satisfy any applicable law, regulation, legal process or government request.
6. Use of the Services by You
6.1. In order to access certain Services, You may be required to provide information about Yourself (such as identification or contact details) as part of the registration process for the Service, or as part of Your continued use of the Services. You agree that any registration information You give to Moca VPN will always be accurate, correct and up to date.
6.2. You agree to use the Services only for purposes that are permitted by:
(A) The Terms and
(B) Any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software from the United States or relevant countries.)
6.3. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Moca VPN, unless You have been specifically allowed to do so in a separate agreement with Moca VPN. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that You comply with all the instructions set out in any robots.txt file present on the Services.
6.4. You agree that You will not engage in any activity that interferes or disrupts the Services (or the servers and networks which are connect to the Services).
6.5. Unless You have been specifically permitted in a separate agreement with Moca VPN, You agree not that You will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
6.6. You agree that You are solely responsible for (and that Moca VPN has no responsibility to Your or to any third party for) any consequences (including any loss or damage which Moca VPN may suffer) of any such breach.
7. Your Passwords and Account Security
7.1. You agree and understand that You are responsible for maintaining the confidentiality of passwords associated with any account You use to access the Services.
7.2. Accordingly, You agree that You will be solely responsible to Moca VPN for all activities that occur under Your account.
7.3. If You become aware of any unauthorised use of Your password or Your account, You agree to notify Moca VPN immediately at http://www.moca.io/index.php#help-login.
7.4. You acknowledge and consent that from time to time, Moca VPN's support staff may log in to the Service using Your account in order to maintain or improve Service, including to provide You assistance with technical or billing issues.
8. Privacy and Your Personal Information
8.2. You agree to the use of Your data in accordance with Moca VPN's privacy policies.
9. Content in the Services
9.1. You should be aware that Content presented to You as part of the Services, including by not limited to advertisements in the Services and Sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to Moca VPN (or other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, create derivative works based on this Content (either in whole or in part) unless You have been specifically told that You may do so by Moca VPN or the owners of that Content, in a separate agreement.
9.2. Moca VPN reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service.
9.3. You understand that by using the Services You may be exposed to Content that You may find offensive, indecent or objectionable and that, in this respect, You use the Services at Your own risk.
9.4. You agree that You are solely responsible for (and that Moca VPN has no responsibility to You or to any third party for) any content You create, transmit or display while using the Services and for the consequences of Your actions (including any loss or damage which Moca VPN may suffer) by doing so.
10. Proprietary Rights
10.1. You acknowledge that Moca VPN own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered, or not, and where in the world those rights may exist).
11. Content license from You
11.1. You retain copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services. By submitting, posting or displaying the content You give Moca VPN a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which You submit, post or display on or through, the Services. This licence is for the sole purpose of enabling Moca VPN to display, distribute and promote the Services.
12. Software Updates
12.1. The software which You may use may automatically download and install updates from time to time from Moca VPN. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Moca VPN to deliver these to You) as part of Your use of the Services. You further acknowledge that the Services may contain information which is designated confidential by Moca VPN and that You shall not disclose such information without Moca VPN's prior written consent.
12.2. Unless You have agreed otherwise in writing with Moca VPN, nothing in the Terms gives You a right to use any of Moca VPN's trade names, trademarks, Service marks, logos, domain names, and other distinctive features.
12.3. You agree that You shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
12.4. Unless You have been expressly authorised to do so in writing by Moca VPN, You agree that in using the Services, You will not use any trade mark, Service mark, logo of any company or organisation in any way that it is likely or intended to cause confusion about the owner or authorised user of such marks, name or logos.
13. License from Moca VPN
13.1. You may not (and You may not permit anyone else to) copy, modify, create derivative work of, reverse engineer, decompile or otherwise attempt to extract the course code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by Moca VPN, in writing.
14. Ending Your relationship with Moca VPN
14.1. The Terms will continue to apply until terminated by either You or Moca VPN as set out below.
14.2. If You want to terminate Your legal agreement with Moca VPN, You may do so by (a) notifying Moca VPN at any time and (b) closing Your accounts for all of the Services which You use, where Moca VPN has made this option available to You. Your notice should be sent, in writing, to Moca VPN's address which is set out at the beginning of these Terms.
14.3. Moca VPN may at any time, terminate its legal agreement with You if:
(A) You have breached any provision of the Terms (or have acted in manner which clearly shows that You do not intend to, or are unable to comply with the provisions of the Terms); or
(B) Moca VPN is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful); or
(C) Moca VPN is transitioning to no longer providing the Services to users in the country in which You are resident or from which You use the Service.
14.4. Nothing in this Section shall affect Moca VPN's rights regarding provision of Services under Section 5 of the Terms.
14.5. When these Terms come to an end, all of the legal rights, obligations and liabilities that You and Moca VPN have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 24.5 shall continue to apply to such rights, obligations and liabilities indefinitely.
15. Exclusions and Warranties
15.1. Nothing in these Terms, including sections 15 and 16, shall exclude or limit Moca VPN's warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by negligence, breach of contract or breach of implied Terms, or incidental or consequential damages. Accordingly, only the limitations which are lawful in Your jurisdiction will apply to You and our liability will be limited to the maximum extent permitted by law.
15.2. You expressly understand and agree that Your use of the Services is at Your sole risk and that the Services are provided "as is" and "as available."
15.3. In particular, Moca VPN, its subsidiaries and affiliates, and its licensors do not represent or warrant to You that:
(A) Your use of the Services will meet Your requirements,
(B) Your use of the Services will be uninterrupted, timely, secure or free from error,
(C) Any information obtained by You as a result of Your use of the Services will be accurate or reliable, and
(D) That defects in the operation or functionality of any software provided to You as part of the Services will be corrected.
15.4. Any material downloaded or otherwise obtained through the use of the Services is done at Your own discretion and risk and that You will be solely responsible for any damage to Your computer system or other device or loss of data that results from the download of any such material.
15.5. No advice or information, whether oral or written, obtained by You from Moca VPN or through or from the Services shall create any warranty not expressly stated in the Terms.
15.6. Moca VPN further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
16. Limitation of liability
16.1. Subject to overall provision in paragraph 15.1 above, You expressly understand and agree that Moca VPN, its subsidiaries and affiliates, and its licensors shall not be liable to You for:
(A) Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by You, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or Services, or other intangible loss;
(i) Any loss or damage which may be incurred by You, including but not limited to loss or damage as a result of:
(ii) Any reliance placed by You on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between You and any advertiser or sponsor whose advertising appears on the Services;
(iii) Any changes which Moca VPN may make to the Services, or for any permanent or temporary cessation in the provision of the Services (or any features within the Services);
(iv) The deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through Your use of the Services;
(v) Your failure to provide Moca VPN with accurate account information;
(vi) Your failure to keep Your password or account details secure and confidential;
16.2. The limitations on Moca VPN's liability to You in paragraph 16.1 above shall apply whether or not Moca VPN has been advised of or should have been aware of the possibility of any such losses arising.
17. Copyright and trade mark policies
17.1. It is Moca VPN's policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
18. Other content
18.1. The Services may include hyperlinks to other web sites or content or resources. Moca VPN may have no control over any web sites or resources which are provided by companies or persons other than Moca VPN.
18.2. You acknowledge and agree that Moca VPN is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
18.3. You acknowledge and agree that Moca VPN is not liable for any loss or damage which may be incurred by You as a result of the availability of those external sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
19. Changes to the Terms
19.1. Moca VPN may make changes to the Terms from time to time. When these changes are made, Moca VPN will make a new copy of the Terms available at http://www.moca.io/tos.php.
19.2. You understand and agree that if You use the Services after the date on which the Terms have changed, Moca VPN will treat Your use as acceptance of the updated Terms.
20.1. Some of the Services are supported by advertising revenue and may display advertisements and promotions.
20.2. The manner, mode and extent of advertising by Moca VPN on the Services are subject to change without specific notice to You.
20.3. In consideration for Moca VPN granting You access to and use of the Services, You agree that Moca VPN may place such advertising on the Services.
21. Fees and Refunds
21.1. You acknowledge that Service fees will be charged according to the current Service package rates. Service fees are subject to change at Moca VPN's sole discretion, without prior notice to You.
21.2. You agree and acknowledge that Your subscription will automatically renew at the end of each subscription term for another term of the same length as the expiring term unless you notify us before the end of your subscription term of your desire to not renew. The fees for the subscription renewal will be those in effect at the time of renewal for a subscription with the features of your expiring subscription, or if the exact set of features is no longer offered, the set of features which then most closely matches that of your expiring subscription, and the term of your expiring subscription.
21.3. You agree and acknowledge that it is Your sole responsibility to cancel the subscription prior to renewal if continuation of services is no longer desired. Failure to properly cancel a subscription prior to renewal is considered as an approval of the renewal for another term and acceptance of the related fees.
21.4. You agree and acknowledge that all sales are final. There will be absolutely no refunds given for any reason other than errors caused by Moca VPN.
21.5. You agree and acknowledge that Moca VPN may offer a trial period to ensure that this product meets Your needs without the need to purchase. Trial period availability is not guaranteed.
22.1. You agree and acknowledge that in the event that any portion of these Terms is deemed by a court to be invalid, the remaining portions shall remain in full force and effect.
23. Non Exclusive License
23.1. Moca VPN hereby grants You a limited, revocable, non-exclusive, non-sublicensable license to install, copy and use the Moca VPN Application solely as necessary to use the Service for one or more computers.
24. General legal Terms
24.1. Sometimes when You use the Services, You may (as a result of, or through Your use of the Services) use a Service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other Services, software or goods may be subject to separate Terms between You and the company or person concerned. If so, the Terms do not affect Your legal relationship with these other companies or individuals.
24.2. The Terms constitute the whole legal agreement between You and Moca VPN and govern Your use of the Services.
24.3. You agree that Moca VPN may provide You with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You also acknowledge that You may not opt out of certain Moca VPN notices.
24.4. You agree that if Moca VPN does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Moca VPN has the benefit of under any applicable law), this will not be taken to be a formal waiver of Moca VPN's rights and that those rights or remedies will still be available to Moca VPN.
24.5. The Terms, and Your relationship with Moca VPN under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. You and Moca VPN agree to submit to the exclusive jurisdiction of the courts located within the state of California to resolve any legal matter arising from the Terms. Notwithstanding this, You agree that Moca VPN shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.