1.1 Arresti VPN™ Platform. The Arresti VPN™ Platform is owned and operated by Arresti VPN™ Pty Ltd ACN 658 736 559 (Arresti VPN, we, us). The Platform is intended to be used to enable subscribed users (User, you) to access the internet privately and securely via a virtual private network.
2. Use of the Platform
2.2 Disclaimers. You acknowledge and agree that:
- you are solely responsible for ensuring your use of the Platform complies with applicable laws, including the Copyright Act 1968 (Cth) (and analogous laws in other jurisdictions);
- any data or information downloaded or otherwise viewed, obtained or acquired through the use of the Platform is at your sole risk and, to the extent permitted by law, Arresti VPN will not be liable or responsible for any damage to you or your respective property in connection with such data and information; and
- to the extent permitted by law:
- the Platform is provided “as is” and “as available”; and
- Arresti VPN disclaims all conditions, representations, warranties and guarantees, expressed or implied, including title, non-infringement, availability, uninterrupted or error-free operation, currency, merchantability or fitness for a particular purpose.
3. Your warranties and obligations
3.1 Warranties. You warrant that:
- all information provided by you to Arresti VPN is true and correct and provided in good faith; and
- your subscription to our Platform and usage of our Platform will not violate (or cause Arresti VPN to violate) any laws or third party rights.
- violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government, including the Copyright Act 1968 (Cth) (or analogous laws in other jurisdictions);
- transmit any unsolicited commercial or bulk emails, not to be engaged in any activity known or considered to be spamming or mail bombing;
- make any illegal communication to any newsgroup, mailing list, chat facility, or another internet forum;
- make, attempt or allow any unauthorised access to the Website, Platform, your User Account or the User Account of any other User of the Platform;
- allow any remote code execution of malicious software through your User Account provided;
- cause denial of service attacks, port scans or other endangering and invasive procedures against Arresti VPN’s servers and facilities;
- forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding your identity;
- use the Platform to host any website, other content, links or advertisements of websites that:
- infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information;
- contain nudity, pornography or other content deemed adult related;
- profess hatred for particular social, ethical, religious or other group;
- contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property;
- contain warez;
- contain any kind of proxy server or other traffic relaying programs;
- promote money making schemes, multi-level marketing or similar activities;
- contain lottery, gambling, casino;
- contain torrent trackers, torrent Portals or similar software; or
- contain violence or encourage violence;
- upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, escrow, high-yield interest programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, bank debentures, bank debenture trading programs, prime banks programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP scanners, brute force programs, mail bombers and spam scripts;
- engage in or to instigate actions that cause harm to Arresti VPN or other Users. Such actions include, but are not limited to, actions resulting in blacklisting any of Arresti VPN’s intellectual property on any online spam database, actions resulting in DDOS attacks for any servers, etc;
- promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription;
- introduce malicious programs into Arrest VPN’s network or servers (e.g. viruses, worms, Trojan horses, etc.);
- scan the networks of others for vulnerabilities without authorisation;
- execute any form of network monitoring (e.g. using a packet sniffer) or otherwise engaging in any monitoring or interception of data not intended for the User without authorisation;
- attempt to circumvent User authentication or security of the Platform, or account (“cracking”) without authorisation;
- use 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;
- “phish,” that is, simulating communications from the Platform or other service of another entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service;
- “pharm,” that is, using malware, DNS cache poisoning or other means to redirect a User to a website or other service that simulates a service offered by a legitimate entity in order to collect identity information, authentication credentials, or other information from the legitimate users of that entity’s service;
- falsify header information or your identification information;
- attempt security breaches or disruption of the Platform;
- enter into communication including, but not limited to, accessing data of which you are not an intended recipient or logging into a Arresti VPN server or account that you are not expressly authorised to access; or
- hijack intellectual property space.
You are liable to Arresti VPN for, and must indemnify, defend and hold Arresti VPN harmless from and against, any losses, claims or other damages it may incur as a result of a breach of this clause 3.2.
4. Maintaining a User Account
4.1 Creating an account. To access and use the Platform, you will need to register for a User Account via the Website or the Arresti VPN Applications and select a subscription type with a valid email address.
4.2 Cancelling an account. You may cancel your User Account at any time by logging into the Website or the Arresti VPN Applications and electing to cancel your User Account. The cancellation will take effect immediately. However, Arresti VPN is under no obligation to provide a refund of the Subscription Fees paid or any portion thereof. You accept and agree that, if you cancel your User Account, it will forfeit any Subscription Fees for the current subscription period and Arresti VPN will retain all Subscription Fees paid.
4.3 Automatic renewal. Subject to clause 4.2, your User Account will automatically renew upon the last day of the relevant subscription period.
5. Fees and payment
5.1 Subscription Fees. You must pay the Subscription Fees as notified by Arresti VPN.
5.2 Other Fees. We may offer optional additional products and services in connection with the Platform at an additional Fee from time to time. When purchasing a product or service from Arresti VPN, you must pay the applicable Fees notified to you at the time of purchase.
5.3 Invoicing. Arresti VPN will issue an invoice for the Fees. Unless otherwise stated, all Fees are in United States dollars. You must pay the Fees using the payment methods notified to you at the time of purchase.
5.5 Suspension for non-payment. Where Fees are overdue, Arresti VPN may suspend access to the Platform until such time as the overdue amounts are paid in full.
5.6 Changes to Subscription Fees. Arresti VPN may change the Subscription Fees from time to time by providing you with at least 30 days prior written notice. Any such change will take effect from no earlier than the start of your next subscription period.
5.7 Payment. Unless otherwise specified on a tax invoice we issue to you, all payments are due immediately upon purchase and all Subscription Fees must be paid for the relevant subscription period in advance. If you have nominated a payment method when purchasing a subscription to the Platform, payment for the relevant Subscription Fees will be automatically debited on the renewal date using the payment method nominated by you.
5.8 Interest. Any overdue and unpaid portion of Fees shall bear interest at a rate of 1.5% per month or the maximum rate allowed by applicable law, whichever is less. Additionally, you must pay all costs and expenses (including legal fees) incurred by Arresti VPN in recovering any overdue Fees and interest.
6. Authorised Users and security of User Account
6.1 Security of User Account. You are responsible for maintaining the confidentiality of your User Account and for restricting access to your computer or mobile device. You agree to accept responsibility for all activities that occur under your User Account.
6.2 Authorised Users. If you are a corporate user, depending on your subscription type, we may permit you togrant access to the Platform your officers, employees and/or contractors (Authorised Users). If we have not notified you that Authorised Users are included with your subscription, you must not allow any other person to access the Platform using your User Account.
7. Maintenance and changes to the Platform
7.1 Maintenance windows. From time to time, Arresti VPN or a third-party service provider may update or perform maintenance on the underlying software or hosting environment and perform other routine software or hardware maintenance that may affect the availability or performance of the Platform. We will use commercially reasonable efforts to provide notice to you in advance of outages due to such planned maintenance.
7.2 Arresti VPN rights relating to changes. Arresti VPN retains the right to enhance, modify or alter the operation of the Platform or the underlying software or technology from time to time. Arresti VPN may offer new functionality and other services for a separate fee and subject to the parties’ agreement to separate terms and conditions.
8. Intellectual Property Rights
8.2 Feedback. If you submit feedback or a suggestion for improving the Platform, you assign to Arresti VPN any Intellectual Property Rights which you may have in that suggestion or feedback.
9. iOS App Store
9.1 If you obtained the Arresti VPN App from the iOS App Store, you and Arresti VPN acknowledge and agree that:
- this document is concluded between you and Arresti VPN only, and not with Apple, and Arresti VPN, not Apple, is solely responsible for the Arresti VPN App and the content thereof;
- Arresti VPN is solely responsible for providing any maintenance and support services with respect to the Arresti VPN App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Arresti VPN App, either under this document or applicable law;
- Arresti VPN, not Apple, is responsible for addressing any of your claims or claims of any third party relating to the Arresti VPN App or your possession and/or use of the Arresti VPN App, including, but not limited to:
- product liability claims;
- any claim that the Arresti VPN App fails to conform to any applicable legal or regulatory requirement; or
- claims arising under consumer protection, privacy or similar legislation, including in connection with any use by the Arresti VPN App of the HealthKit and/or HomeKit frameworks;
- in the event of any third party claim that the Arresti VPN App or your possession and/or use of the Arresti VPN App infringes that third party’s intellectual property rights, Arresti VPN, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim;
- you must represent and warrant that:
- you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
- you are not listed on any U.S. Government list of prohibited or restricted parties;
- you must comply with applicable third party terms of agreement when using the Arresti VPN App;
- Apple, and Apple’s subsidiaries, are third party beneficiaries of this document; and
- upon your acceptance of this document, Apple will have the right (and will be deemed to have accepted the right) to enforce this document against you as a third party beneficiary thereof.
11. Limitation of liability and indemnity
11.1 General. Subject to clause 11.4, Arresti VPN excludes any and all liability to you however arising (including negligence) for:
- Consequential Loss;
- losses or expenses you suffer or incur relating to any interruption in the operation of the Platform or an Excluded Incident;
- Arresti VPN’s reasonable actions in denying anyone access to the Platform for security reasons, non-payment or default; and
11.3 Third party resources. Arresti VPN is not responsible for any links to third party websites or other resources accessible via the Platform, including the availability of such websites, resources or links. Use of such websites and resources is at your sole risk.
- if the breach is in respect of goods: the replacement of the goods or the supply of equivalent goods; the repair of the goods; the payment of the cost of replacing the goods or of acquiring equivalent goods; or the payment of the cost of having the goods repaired; or
- if the breach is in respect of services: the supply of the services again; or the payment of the cost of having the services supplied again.
11.5 Indemnity. You agree to indemnify Arresti VPN against any claim or liability arising from or in relation to your:
- misuse of the Platform;
- breach of any law or infringement of any third party rights including intellectual property rights; and
12. Term and termination
- your non-payment of Subscription Fees;
- to comply with its obligations under any applicable laws, or where requested by law enforcement or other government agencies;
- fraud or suspected fraud by you; or
- there has been no activity on your User Account for 3 months or more.
- by written agreement; or
12.5 Consequences of termination
If your account is terminated for any reason then (without limiting any other rights Arresti VPN may have):
- you must immediately pay to Arresti VPN any outstanding Fees;
- despite any other provision of this agreement, Arresti VPN may retain records relating to your User Account.
13.5 Governing Law. This agreement is governed by the laws in force in Queensland, Australia, without regard to conflict of law principles. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland, Australia.
13.10 Entire Agreement. This agreement constitutes the entire agreement between the parties as to its subject matter and any prior arrangements, agreements, warranties, representations or undertakings are superseded.
Arresti VPN Applications or Arresti VPN App
means the “Arresti VPN” downloadable mobile application(s) owned and operated by Arresti VPN.
Australian Consumer Law
means Schedule 2 to the Competition and Consumer Act 2010 (Cth) and the corresponding provisions of any fair trading legislation.
includes: (a) loss of data or unauthorised disclosure of data; (b) loss of opportunity, loss of revenue, loss of anticipated profits or savings, expenses incurred through default or breach, wasted overheads, loss of contract, loss of bargain, loss of business, loss of production, loss of use, loss of goodwill, and all other pure economic loss; and (c) disappointment, distress, stress, and inconvenience.
has the meaning given in clause 11.4.
Platform or Arresti VPN Platform
means the recurring fees payable by you to Arresti VPN for your use of the Platform.
has the meaning given to that term in clause 12.1.
means your registered account with Arresti VPN for use of the Platform.
means the Arresti VPN made available by Arresti VPN at www.ansictech.tempurl.host or such other domain as Arresti VPN nominates from time to time.
This information was last updated on 30 November 2022.