Tunlr Terms of Service

1. Introduction

We are excited that you have decided to use Tunlr™ (the “Website” or our “Website”). We offer a great service that can help you manage your DNS settings so that you can watch your favorite content on the Internet. We have prepared the below document so that you understand the uses and limitations of our services.

You must agree to these Terms of Service (or these “Terms”, "Terms of Service", or the “Agreement”) in order to use and/or register to use our Website. Furthermore, the Terms of Service govern your use of certain services or features provided by the owner and operator of the Website, Tunlr Inc., a corporation incorporated under the laws of the Province of Ontario, Canada, with a registered address of 524 Queen Street West, P.O. Box 52449, Toronto, Ontario, Canada M5V 3T8 ("Tunlr Inc.", "we", "us", or "our"). By using our services or features you ("you") are agreeing to be bound by these Terms of Service.

Certain features of the Website may be subject to additional guidelines, terms, or rules, which will be posted on the Website in connection with such features, and shall be deemed to be incorporated herein. To the extent such terms, guidelines, or rules conflict with the Terms of Service, the Terms of Service shall govern.

By registering with and/or using the Website, you are accepting these Terms of Service and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement. You may not access or use the Website or the services offered thereunder (the “Services”) if you are not at least 18 years old. You warrant that you have the right, authority and capacity to enter into and be bound by the Terms of Service and that by using the Website will not be violating any law or regulation of the country in which you are resident. You are solely responsible for your compliance with all applicable local laws and regulations.

PLEASE READ THE TERMS AND CONDITIONS CAREFULLY IN THIS DOCUMENT.
By clicking your agreement to these Terms of Service, which is a pre-condition of your registration for the Services you, on behalf of yourself and your heirs and successors, are confirming your acceptance of the Agreement as a whole, on your own behalf and on behalf of any entity for whom you are acting on behalf of. If you do not agree to the Terms of Service you will not be able to register for the Website and/or use the Services. The Terms of Service apply whenever you visit the Website whether or not you have chosen to register with us. If you do not agree with all of the provisions of this Agreement, you cannot use and should immediately cease using, the Website and/or the Services.

2. Services

2.1Tunlr Inc.’s Services include the provision of a network of Internet IP addresses which you can access and use to change your DNS settings (the “Services”). By changing your DNS settings to a different IP address, you may be able to access third party content which is only accessible to persons who have certain geo-located IP addresses. In addition, by changing your IP address you may be disguising your location and/or identity to some degree.

2.2Users who register with the Website and agree to the Terms of Service (“Registered Users”) will have access to a selection of IP addresses from our network (“our IP addresses”).

2.3You acknowledge and agree that you must only use the Services for lawful activity and that you are solely responsible for any and all uses by you of the Services. Without limiting the generality of the foregoing, we do not represent and warrant that the Services can be lawfully used in order to access any particular third-party content, nor do we represent that use of the Services will not cause you issues or problems with your Internet connection, network or computer settings, or cause third parties such as your Internet service provider or third party content providers, to suspend or terminate your access to their services.

3. Registered Users and Accounts

3.1In order to become a Registered User, you must submit all information required by us at the time or registration (“Registration Information”). Registration

Information may include your name, company name, address, telephone number, and email address. At all times you must ensure that the Registration Information is complete and accurate.

3.2If you become a Registered User, we will provide you with a Website Account accessible with a User ID and Password. You must ensure that your User ID and Password are kept confidential. You must notify us in writing immediately if you become aware of any unauthorised use of your Account or Password. You are responsible for any activity on our Website arising out of any failure to keep your Password confidential, and may be held liable for any losses arising out of such a failure. You must not use any other person’s User ID or Password to access our

Website unless you have that person's express permission to do so. We may disable your User ID and Password in our sole discretion without notice or explanation.

3.3Only the Account holder may use the Services associated with the Account. Any sharing, distribution, publication, or re-sale of access to the Services that may be provided to you as a result of being a Registered User is strictly prohibited.

4. Copyright and Trademark

The Tunlr™ Website, including all content thereon (“Content”), is the exclusive property of Tunlr Inc., and is protected copyright and trademark laws worldwide. Tunlr™ and our logo are trademarks belonging to us. We give no permission for the use of these trademarks, and such use may constitute an infringement of our rights. The other registered and unregistered trademarks or service marks on our Website are the property of their respective owners. Unless stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

By using the Website, you agree to comply with all copyright and trademark laws worldwide. You may not modify the content of the Website, or reproduce, display, distribute or otherwise use any of the material contained on the Website, in any way for public or commercial use unless expressly authorized in writing by Tunlr Inc., to do so. You may not copy, imitate or use in any manner, any text, graphics, images, button icons, company name or logo contained on this website unless expressly authorized to by us.

5. Protection of the Tunlr™ Website and Services

5.1You may not use the Website or the Services in any manner that could damage, disable, overburden or impair the Website or the Services in any way. You must not use the Services to upload, post or otherwise transmit any materials that would negatively impact the functioning of the Website or the Services, including but not limited to, computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs. You may not use any process or program to monitor, copy, summarize or otherwise extract information from the Website. Violations of system and network security may result in civil or criminal liability. Should we deem you to be in breach of this provision, we will terminate your access to your Account. We do not warrant that the Website will always be free of viruses or other harmful mechanisms.

5.2You warrant to us that:

  • you will not use the Website or the Services;
    • for any unlawful or prohibited purpose including, but not limited to for purposes that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious, fraudulent, illegal, and/or immoral.
    • use the Website or the Services for impersonation, misrepresentation, fraudulent statements, and/or the display or distribution of immoral works, and/or illegal works.
  • you warrant that you will only use the Website and the Service according to the Terms of Use, any other agreement and terms and conditions that we and you may have entered in to for the Services, and any other applicable federal, state, provincial, territorial, national, or international laws.
  • You warrant and represent that you have all necessary right to use the Services and that your usage of the Services does not violate the intellectual property rights or any other rights (such as privacy rights) of any third party and is lawful in all respects.

6. Privacy Policy

By using the Website and the Services, you agree to all provisions contained within the Privacy Policy which can be accessed on the Website. Notwithstanding any of the terms found within the Privacy Policy, we agree to not sell or share any of your data to any third party except in the case of an acquisition or amalgamation of our business. We will share your personal information to any law enforcement or government agency should we be required by law or requested to by any law enforcement agency. We will comply with any valid court orders obtained by a court of competent jurisdiction, including those which may require that your Registration Information be disclosed. We reserve the right to share generic (not specific) information about Registered Users and usage to any parties at our sole discretion.

6. NO WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE AND OF OUR SERVICES IS AT YOUR OWN RISK AND THAT THE WEBSITE

AND OUR SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. TUNLR INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TUNLR INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE WEBSITE, AND/OR (III) THE SERVICES FOUND AT THE WEB SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE WEBSITE, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY TUNLR INC. ITS OFFICERS,

DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THE WEBSITE OR THE SERVICES FOUND AT THE WEBSITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.

8. Limitations and Exclusions of Liability

8.1Nothing in the Terms of Service will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights that you have, that cannot be excluded or limited under applicable law, will not be affected by these Terms of Service.

8.2The limitations and exclusions of liability set out in this Section and elsewhere in these Terms of Service (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the Terms of Service or in relation to the subject matter of the Terms of Service, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

8.3To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

8.4We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

8.5We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

8.6We will not be liable to you in respect of any special, indirect or consequential loss or damage.

8.7Our aggregate liability to you under the Terms of Service will not exceed the greater of: (a) USD $100.00 and (b) the total amount paid and payable by you to us under the Terms of Service in the 12 months prior to such liability.

8.8We make or give no guarantee or warranty as to any specific results from use of the Services or the reliability, integrity, quality, fitness for purpose or that the Services may be used free of negative consequences, and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded, including any implied warranties of merchantability and fitness for a particular purpose.

8.9We cannot and do not guarantee that the Services, the Website or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate information technology security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the Services, the Website and its content.

8.10We cannot guarantee the continuous, uninterrupted or error-free operability of the Services. There may be times when the Services become unavailable or provided with reduced functionality (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you. You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Services, or any features, parts or content of the Website.

8.11The third party websites and third party content provider services which may be listed on our Website are for illustration purposes only, and we do not represent or warrant that each or any of these third party websites or third party content providers will be accessible by you by using the Services or at all. Furthermore, each third party website or third party content provider may have their own policies on use of IP addresses and geolocation, and as such you should familiarize yourself with such policies and comply with them to the extent required.

8.12We do not promise that by you using the IP-related Services, that your identity will be concealed or that you will remain anonymous in connection with your activities on the Internet or otherwise.

8.13We do not promise that our Services will provide sufficient or complete protection from fraud, phishing, spam or other inappropriate or dangerous content on the Internet.

9. Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on

the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of the Terms of Service, or arising out of any claim that you have breached any provision of the Terms of Service.

10. Breaches of the Terms of Service

10.1Without prejudice to our other rights under these Terms of Service, if you breach these Terms of Service in any way, or if we reasonably suspect that you have breached these Terms of Service in any way, we may:

  • send you one or more formal warnings;
  • temporarily suspend your access to the Website and/or the Services;
  • permanently prohibit you from accessing the Website and/or the Services;
  • block computers using your IP address from accessing the Website and/or the Services;
  • contact your internet services provider and request that they block your access to the Website and/or the Services;
  • bring court proceedings against you for breach of contract or otherwise;
  • suspend and/or delete your Account with the Website.

10.2Where we suspend or prohibit or block your access to our Website or the Services or a part of our Website or the Services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different Account).

11. Termination Terms and Refund Policy

11.1 Monthly subscription plans: Account holders on monthly plans may cancel their account at any time. As no refunds will be provided for the unused portion of a monthly subscription, it is your responsibility to ensure that you cancel your subscription prior to the start of the next month’s billing cycle if you do not wish to be billed for that month. Notification of cancellation must be made to us in writing, either by letter or by email, or online through our billing system, in order to be valid. Cancellation shall be effective on the date that we receive your notification of cancellation. You understand and agree that refunds, if any, are at our sole, exclusive discretion, and that you are not otherwise entitled to any refunds under this plan.

11.2 Annual subscription plans: Account holders on annual plans may cancel their account at any time. Cancellations on these accounts performed with the “cancellation” button/feature on the Tunlr website will allow the account to remain active for the remainder of the term that the account holder had already paid. For example, if an account holder pays for an Annual subscription on January 15th, and cancels on February 1st will remain active through January 14th the following year.

Partial refunds will only be issued to account holders who voluntarily cancel their annual subscription under the following circumstances:

  1. Customer service must be notified that you would like to cancel the account at support@tunlr.desk-mail.com, and
  2. Notification must be made within the first thirty (30) days after purchase.

Thereafter, all annual subscriptions are non-refundable. You understand and agree that refunds, if any, thirty days after purchase, are at our sole, exclusive discretion, and that you are not otherwise entitled to any refunds under this plan. If you do not wish to continue with the Services at the conclusion of your annual subscription period, you must notify us, in writing - online through our billing system, by email or by letter - prior to the end of your annual subscription period, so that you will not be billed for the succeeding yearly plan. If you choose to carry on with the Services past the end of your annual subscription period, no further notification is required of you: your account will automatically be billed according to a yearly plan and billing cycle.

11.3 If an account holder is terminated for violation of the terms of the Agreement herein, the termination will be treated as if the account holder had initiated the cancellation, effective on the date that the account holder was terminated.

12. Discontinuation of Services

We reserve the right in our sole unfettered discretion, to discontinue our Website and/or Services at any time with or without notice. If you have paid for and we discontinue the Services prior to the expiry of the applicable service period, we will refund to you such portion of your payment as related to any period after the discontinuance of the Services. Save as provided in this Section, Registered Users will not be entitled to any refund upon the discontinuance of our Services.

13. Modification of Terms of Service

We may revise the Terms of Service from time-to-time. Revised Terms of Service will apply to the use of our Website and the Services from the date of the publication of the revised Terms of Service on our website. Please check this page regularly to ensure you are familiar with the current version.

14. Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Service without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Service.

15. Severability

If a provision of these Terms of Service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16. Entire agreement

These Terms of Service, together with our Privacy Policy constitute the entire agreement between you and us in relation to your use of the Website and the Services, and supersede any previous agreements in respect of your use of the Website and Services.

17. Law and jurisdiction

Any legal proceedings based hereon, or arising out of, under, or in connection with these Terms of Service, shall be brought and maintained exclusively in the courts of the Province of Ontario at Toronto. The parties hereto hereby expressly and irrevocably submit to the exclusive jurisdiction of the courts the Province of Ontario at Toronto for the purpose of any such legal proceedings as set forth above. The parties hereto hereby expressly and irrevocably waive, to the fullest extent permitted by law, any objection which they may now or hereafter have to the laying of venue of any such legal proceedings brought in any such court referred to above and any claim that any such legal proceeding has been brought in an inconvenient forum.

18. Modifications

These Terms of Service are effective from the Date of Use for a period of one (1) year. Thereafter, these Terms will automatically renew for successive additional one-year terms upon the anniversary of the Date of Use, unless either party notifies the other party in writing of its intent not to renew or abide by these Terms of Service at least thirty (30) days prior to the end of the then-current term. We reserve the right to change these Terms of Service at any time in our sole, unfettered discretion and pursuant to applicable law. Amended versions of this Agreement will be effective upon posting on our website, and when such changes are deemed to be material by us, email notice of such amended version will be sent to Internet Traffic Owner. Your continued use of the Services after the effective date of any such changes will constitute your acceptance of and agreement to such changes. IF YOU DO NOT WISH TO BE BOUND TO ANY NEW TERMS, YOU MUST TERMINATE THESE TERMS OF SERVICE BY IMMEDIATELY CEASING USE OF THE SERVICES AND NOTIFYING US ACCORDINGLY. We agree to use commercially reasonable efforts to minimize unscheduled modification and maintenance interruptions. However, we reserve the right to modify or maintain the Services at any time, with or without notice to Internet Traffic Owner.

19. No Third Party Beneficiaries

These Terms of Service are made solely for the benefit of the parties hereto and their respective successors and assigns, and no other person or entity shall have or acquire any right by virtue of these Terms of Service.

20. Waiver

No failure or delay by us in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right, power or privilege. The rights and remedies herein provided shall be cumulative and not exclusive of any rights or remedies provided by law.

21. Notice

Any notice, communication or statement relating to these Terms of Service shall be in writing and deemed effective: (i) upon delivery when delivered in person; (ii) upon transmission when delivered by verified facsimile or other confirmed electronic transmission; (iii) when delivered by certified mail, postage prepaid, return receipt requested or by nationally-recognized overnight courier service (including but not limited to Federal Express) to the address of the respective party as recorded herein in the case of us, and as submitted by you in the Registration Information when registering for the Website; (iv) in the event of non- material changes to this Agreement, notice shall be deemed effective upon posting at our Website; (v) and in the event of material changes to this Agreement, notice shall be effective upon the sending of an email to your recorded email address as set out in the Registration Information. Copies of all notices to shall be sent to us at:

Tunlr Inc.
524 Queen Street West
P.O. Box 52449
Toronto, ON M5V 3T8

22. Survival

All obligations herein which expressly or by their nature are to continue after termination, cancellation, or expiration of these Terms of Service shall survive and remain in effect after such happening.