These Terms of Service (the "Agreement") are an agreement between The Endurance International Group, Inc. operating as Incognito ("Incognito" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Incognito and of the IncognitoVPN website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Incognito may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Incognito does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Incognito is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
Incognito may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-Incognito Products"). Incognito is not responsible for any changes in the Services that cause any Non-Incognito Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Incognito Products, either sold, licensed or provided by Incognito to you will not be deemed a breach of Incognito's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Incognito Product are limited to those rights extended to you by the manufacturer of such Non-Incognito Product. You are entitled to use any Non-Incognito Product supplied by Incognito only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Incognito Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Incognito Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
The Services may contain links to other websites that are not owned or controlled by Incognito ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.
We are not "HIPAA compliant."
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the transfer of sensitive data, such as information about children or medical or health information. Incognito does not control or monitor the information or data you transmit through the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that Incognito is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact email@example.com
You agree to cooperate fully with Incognito in connection with Incognito's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services and to ensure that such equipment and software are compatible with the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Incognito is not responsible for any delays due to your failure to timely perform your obligations.
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify Incognito of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Incognito often offers promotions and special offers to customers during their initial term. These special offers are limited-time promotional prices that are available to new customers only and are valid for the initial term only. Upon renewal, you will be billed at the regular rates, which are currently, $7.97/mo for 2-year terms, $9.97/mo for 1-year terms, and $12.98/mo for monthly terms for the Cloak Plan, $9.97/mo for 2-year terms, $11.97/mo for 1-year terms, and $14.98/mo for monthly terms for the Disguise Plan and $11.97/mo for 2-year terms, $13.97/mo for 1-year terms, and $16.98/mo for monthly terms for the Annonomus Plan.
Regular rates for addons are currently billed at; $19.90/year for Priority Support, $49.90/year for Supercharged Locations, $29.90/year for additional connections and $69.90/year for Smart DNS.
Listed fees for the Services include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Incognito's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
All invoices must be paid within fifteen (15) days of the invoice due date. Any invoice that is outstanding for more than fifteen (15) days may result in the suspension or termination of Services. Access to the Services will not be restored until payment has been received. If you fail to pay the fees as specified herein Incognito may suspend or terminate your account. Incognito will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Incognito may report any such misuse or fraudulent use, as determined in Incognito's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
You have ninety (90) days to dispute any charge or payment processed by Incognito. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks and money orders. If you use any of these payment methods, any applicable credit will be posted to your account instead of a refund.
If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the "Money-Back Guarantee Period"), you will, upon your written request to the Incognito Support Team (the "Refund Request") within ninety (90) days of such termination or cancellation ("Notice Period"), receive a full refund of all fees previously paid by you to Incognito for the initial term ("Money-Back Guarantee Refund"); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 11. Requests for these refunds must be made in writing to the Incognito Support Team. Refunds will only be issued for basic services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
You may terminate or cancel the Services by giving Incognito written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Incognito may, in our sole discretion, refund all pre-paid fees for basic services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement. Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received...." Incognito will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via email or chat. We require all cancellations to be done through the online form in order to (a) confirm your identity and(b) to document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your account access will be terminated after a cancellation request is processed. Cancellations for accounts will be effective on the account's renewal date.
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Incognito is not responsible for any change in exchange rates between the time of payment and the time of refund.
Incognito may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Incognito or others or cause Incognito or others to incur liability, as determined by Incognito in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Incognito shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Incognito may charge you for all fees due for the Services for the remaining portion of the then current term.
Bandwidth usage is shared among all users of the Services. Provided that you use the Services in compliance with this Agreement and the Acceptable Use Policy, your bandwidth usage will not be limited unless otherwise stated.
Incognito reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Incognito through the user billing tool or through other methods of communication, including notices sent or posted by Incognito.
IN NO EVENT WILL Incognito ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY CONTENT OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF Incognito IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Incognito'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Incognito FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
All disputes arising under or relating to this Agreement shall be resolved by final and binding arbitration conducted before a single arbitrator, chosen by Incognito, pursuant to the commercial arbitration rules of the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. The arbitration will be held at the AAA location chosen by Incognito in Boston, Massachusetts. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Incognito will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b), then the payment of arbitration costs shall be governed by the AAA Rules. In such case, you agree to reimburse Incognito for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, Incognito shall reimburse you for your reasonable attorneys' fees and expenses incurred for the arbitration. Notwithstanding the foregoing, if you are located in the U.K. the arbitration may be held at a location chosen by Incognito in the U.K. Independent Contractor
Incognito and User are independent contractors and nothing contained in this Agreement places Incognito and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
As provided in the Digital Millennium Copyright Act of 1998, we have designated the following individual for notification of potential copyright infringement regarding Web sites hosted by Incognito: firstname.lastname@example.org . If you believe content hosted by Incognito infringes a copyright, please provide the following information to the person identified above (17 U.S.C. 512):
This Acceptable Use Policy (the “AUP”) forms part of Incognito’s Terms of Service and governs your use of the Services and is incorporated by reference into Incognito VPN’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided in the Terms of Service. Incognito VPN may modify this AUP at any time without notice.
The Services provided by Incognito may only be used for lawful purposes. If the Services are prohibited by law in the jurisdiction in which you reside or from where you access the Services, you are prohibited from using the Services. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services. Incognito reserves the right to refuse service to anyone. Any user activity that in our judgment violates this AUP in any manner may result in the suspension and/or termination of your account and/or the Services without notice.
Use of the Services to infringe upon another party’s intellectual property rights, including without limitation a third party’s copyright, is prohibited. This includes, but is not limited to, the unauthorized copying, access, streaming, downloading or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. If Incognito determines in its sole discretion that you are infringing on the intellectual property rights of others, your account or your access to the Services may be immediately terminated.
You are prohibited from using the Services for illicit purposes, to transmit any illegal material or to conduct any illegal activities.
You are prohibited from using the Services for any non-personal use. The license granted to you under the Terms of Service is limited to your personal use and does not allow for any commercial, business or server use of the Services.
Activities that are potentially harmful to minors, as determined in Incognito’s sole discretion, are strictly forbidden, including but not limited to, child pornography or content perceived to be child pornography. Any account found to access or transmit child pornography will be suspended immediately without notice and reported to law enforcement.
We reserve the right to refuse service to anyone. Any use that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service or this AUP in any manner may be terminated (or otherwise disabled), with or without notice.
Your Services may be terminated with or without notice upon any violation of this AUP. If applicable, violations will be reported to the appropriate law enforcement agency. A failure to respond to an email from our abuse department within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services.
We take a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists," purchased lists, and selling of lists will be treated as spam. If you send spam through the Services, we may immediately terminate your account or access to the Services without notice. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated and Incognito VPN reserves the right to charge the User a cleanup fee for any charges incurred for blacklist removal at our sole discretion.
If you would like to report a violation of our AUP, abuse, or if you believe that your intellectual property rights are being infringed upon, please email email@example.com . For copyright infringement claims, Incognito follows the Digital Millennium Copyright Act (“DMCA”) notice and takedown procedures. A list of the information required to submit a sufficient copyright infringement claim can be found in the DMCA tab at the top of this page.