Terms of Service

General

www.cactusvpn.com (hereinafter called CactusVPN) provides VPN services under the name of CactusVPN. As a provider of internet services, CactusVPN offers to its clients and to their customers and users, the means to disseminate public, private, commercial, and non-commercial information.

CactusVPN respects the fact that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, CactusVPN reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, CactusVPN has developed these Terms Of Service, which supplement and explain certain terms of each customer’s respective service agreement. These terms are intended as a guide to the customer’s rights and obligations when utilizing CactusVPN’s services.

These terms will be revised from time to time. Customer’s use of CactusVPN’s services after changes to these terms will be posted on CactusVPN web sites and will constitute the customer’s acceptance of any new or additional terms.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet’s openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet to disseminate information to others.

It must be kept in mind that CactusVPN does not review, edit, censor, or take responsibility for any information its clients may create. When clients place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they place on CactusVPN’s network may be carried to a large number of people, including both clients and non-clients of CactusVPN, clients’ postings to the Internet may affect other clients and may harm CactusVPN’s goodwill, business reputation, and operations.

Service Quality

  • Your service speed may vary depending on your physical location, ISP, Internet connection speed, Internet nodes between your computer and our servers, and other factors beyond our control. Upload and download speeds will vary for each user due to factors beyond our control.
  • Your service is not limited by the amount of data that you can transfer each month, however we reserve the right to impose a bandwidth limit if the service of other users is disrupted due to your excess usage.
  • We may block certain kinds of usage to protect other users, to comply with legal restrictions or to minimize the threat or legal action against us or our users.
  • You will get static shared IP address. We do not provide dedicated IP addresses.
  • All services are provided to you “as is” without any guarantees or obligations on our part.
  • We will try our best to maintain service quality and to limit interruptions to your service, however we cannot guarantee uninterrupted service. The service may be unavailable due to variety of factors beyond our control including emergencies, third party failures, interference, and may be interrupted, blocked or limited by other network providers.
  • We are not in any shape or form liable for any damages resulting from interruptions in Service or your inability to use the Service.

Refund Policy

We offer a 30-days money back guarantee if the services included in your subscription doesn’t work as advertised.

We do not offer money back in the following cases:

  • If the payment was made using cryptocurrency (Bitcoin & Altcoins).
  • If the site you want to unblock using our Smart DNS service is not presented in this list or if it’s not specified as supported on your device.
  • If CactusVPN terminates an account due to policy violation.
  • If the service does not work on devices / OS that are not officially supported by us and we don’t have tutorials for them.

Logging Policy

CactusVPN have a guaranteed no-logs policy for our service. That means that we will not store any data relating to your activities while using any of our privacy solutions, and will not record, monitor, log or store any of your information. CactusVPN also guarantees that none of your information will be passed on to a third party. We do not store any IP addresses, traffic logs, connection timestamps, used bandwidth or session duration information that could be traced to a single person.

Bonus Services

CactusVPN apps and proxy filtering are bonus services and you can not consider them as they are part of service you’ve paid for. We reserve the right to stop providing this bonuses whenever we consider it necessary.

Fair Usage and Limitations

For personal use, you can use an unlimited number of devices simultaneously with one subscription. However, to keep a great service for all our clients we have to specify that this feature is only limited to one household. Therefore it is prohibited to share your account with anyone outside your household. In case we find that our client shared his account with someone outside his household, we reserve the right to close his account permanently.

Because of technical limitations, with some protocols (PPTP, L2TP, IKEv2 and WireGuard), the limit is one connection per subscription per VPN server. To avoid this limitation the user just has to use the OpenVPN, SSTP or SoftEther VPN protocol or to connect each device to a different VPN server if he needs to use them simultaneously.

For our business clients, the number of devices simultaneously connected to CactusVPN per subscription is limited to one. This means that you will need a subscription for each employer that uses our services.

We offer unlimited traffic to our users. However, to keep a great service for all our clients we have to specify that if a client uses a very high amount of resources and this worsens the experience of other users, we reserve the right to permanently close the client’s account. This will only affect users with very high traffic usage that try to exploit our services.

Passwords and Security

As part of the registration process, you will create your user name and you will choose your passwords to access this account. You agree to carefully safeguard all of your passwords. You are solely responsible if you do not maintain the confidentiality of passwords and account information. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify CactusVPN of any unauthorized use of your account or any other breach of security known to you, including if you believe that your password or account information has been stolen or otherwise compromised.

Prohibited Activities

CactusVPN clients violate CactusVPN policy and the service agreement when the clients, their customers, affiliates, or subsidiaries engage in the following prohibited activities:

  • We do not accept orders from proxy or VPN IP address.
  • Spamming – the use of electronic messaging systems (including most broadcast media, digital delivery systems) to send unsolicited bulk messages indiscriminately.
  • Intellectual Property Violations – the engaging in any activity that infringes or misappropriates the intellectual property rights of others, including copyrights, trademarks, service marks, trade secrets, software piracy, and patents held by individuals, corporations, or other entities. Also, engaging in activity that violates privacy, publicity, or other personal rights of others. CactusVPN is required by law to remove or block access to customer content upon receipt of a proper notice of copyright infringement laws.
  • Defamatory or Abusive Language – refers to the use of CactusVPN’s service as a means to transmit or post defamatory, harassing, abusive, or threatening language.
  • Forging of Headers – forging or misrepresenting of message headers, whether in whole or in part, to mask the originator of the message.
  • Illegal or Unauthorized Access to Other Computers or Networks.
  • Background Running Programs.
  • Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities.
  • Facilitating a Violation of this AUP – advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software.
  • Your account username and passwords and VPN and Smart DNS login details are secret information. You should not share it with anyone and make all that you can to keep them in secret. Sharing login credentials is a reason for closing your account without refund.
  • Export Control Violations.
  • Spamming Usenet Groups or Message Boards.
  • Any Other Illegal Activities.

It is CactusVPN’s policy to terminate the privileges of customers who commit violations of CactusVPN policy and service agreements.

Privacy Policy

In order to provide the service we have to collect some data from our clients, but we keep the data collected to a minimum.

What data do we collect?

Creating an account

When registering a trial account, we will collect only your email address.

When ordering our services and paying with PayPal, PayPro or Coingate, we will collect:

  • E-mail address
  • Country
  • State (only for Canada)

When ordering our services and paying with Credit Card, we will collect:

  • E-mail address
  • Country
  • State (only for Canada)
  • City, Address, Zip code
  • Partial credit card details (card type, last four digits)

If you wish, you can also enter the following personal information, but it’s not mandatory:

  • Your name
  • Company
  • Phone number

Non-personal Data

Additionally, as part of our fraud detection measures and to keep the system up and running, we collect the IP address and host you used the last time you signed in to our website and some system logs. This is not, at any point, associated with any kind of activity done by the user inside the CactusVPN VPN tunnel which is NOT recorded, logged or stored at all.

Using our services

While using our services, you may write us emails or submit support tickets, order our services, create usernames and passwords. In these cases we will collect:

  • Emails or support tickets we receive
  • Invoices
  • Transactions details (payment method, amount, date)
  • Information required to log into our VPN and Smart DNS services through our softwares or manual created connections.

Using our website

Our website may use 3rd parties such as Google Analytics and we may use cookies to better understand how you use the site and ways that we can improve your experience.

All the info we collect is maintained by highly trained professionals by the industries standards.

Sharing Your Personal Data

CactusVPN will not sell or rent Your personally identifiable information to anyone unless You expressly consent to disclosures of Your personal identification and other personal information to third parties. We may send personally identifiable information about You to third parties when:

  • In order to process payments and activate the service for you we may have to send some information to trusted vendors (such as PayPal, Stripe, PayPro, Coingate and other) to verify the transactions.
  • We respond to subpoenas, court orders or legal processes which require us to disclose Registration Data or any information about You to law enforcement or other government officials as CactusVPN, in its sole discretion, believes necessary or appropriate.
  • We reserve the right to collect and use Personal Data when this is necessary to protect our rights in court.
  • We may share some Non-personal data to optimize the usability and promotion of our services and website with services like Google Analytics or Facebook.

Your rights and Control

You have the right to:

  • Access the data that is provided to you through your account
  • Rectificate your Personal Data
  • Erase your Personal Data
  • Restrict the processing of your Personal Data
  • Object to processing your Personal Data
  • Have a Personal Data portability
  • Complain to a supervisory authority
  • Withdraw consent.

We provide several tools to access, change and erase your Personal Data that we hold in our Client Area. If you need additional help to use your rights please send a request to [email protected] and we will help you. You must understand that processing and verifying your request can take a significant amount of time.

Enrollment in the CactusVPN Affiliate Program

You must submit an Affiliate Program application form on our website. You must use your true identity and contact information. You must provide us with any future updates regarding your contact details. Each application is manually reviewed and accepted by us. We reserve the right to refuse your application without disclosing why we did it. We will only accept your application if you have a public website that will be used to promote our services.

All tracking, link counting, and determinations of Qualified Actions and Commissions shall be made by CactusVPN at its sole discretion according to our tracking technology. In the event that the Affiliate is also tracking Qualified Actions, tracking results from CactusVPN shall always have priority.

Commission Fees Payment

  • You will be able to request a payment for any earned Commissions and Qualified Actions when the amount in your account is greater than $100. We reserve the right to file a chargeback for any previously paid Qualified Actions that are later determined to have not met the requirements to be Qualified Actions. 
  • A “Qualified Action” is considered a finalized purchase referred through your Affiliate Link by an individual person who is not computer-generated, such as a robot, spider, computer script, or other automated, artificial, or fraudulent methods used to pretend to be an individual, real-life person (as determined by CactusVPN); is not using pre-populated fields, is not later determined to be fraudulent, incomplete, unqualified, or a duplicate user.
  • The payment method for the Commision withdrawal will be PayPal. The affiliate is responsible for having a PayPal account and giving us the correct information about it. CactusVPN Inc. will send payments using the details provided by you, and we shall have no liability for lost payments as a result of details being incorrectly submitted by you. All payment transaction costs and expenses should be covered by Affiliate. 
  • The Affiliate Commision withdrawal is delayed by 30 days in the event of any chargeback(s), refunds, or cancellations by customers referred by you. Refunds will be made to customers in accordance with our Refund Policy or at our sole discretion.
  • Affiliate will have to send us an invoice in order to be able to withdraw the Commision. The invoice will contain your name, address, and Affiliate ID.
  • If your Commision balance is greater than 1,000$, you should request an Affiliate Fee Withdrawal.

Limitations and Anti-Spam Policy

You may not use the following methods to sell or promote our services:

  • Email Spam
  • Comment Spam
  • Black Hat techniques
  • Usage of banned keywords: bidding on any online advertising system (such as Google Adwords) for CactusVPN’s brand-related keywords and any variation or misspelling of CactusVPN;
  • Affiliate cannot advertise non-valid discount coupons, or advertise the discounts we offer for billing cycles bigger than Monthly as a discount coupon;
  • Affiliate is not authorized to advertise Company Coupons or use Coupons from other Affiliates or any other third party
  • You can’t order the service for yourself;
  • The advertising campaigns shall not violate national or international advertising and marketing laws. Also, they shall not violate the intellectual property rights of third parties.

The Affiliate is solely responsible for confirming the legal requirements when publishing the advertisements. CactusVPN can never be held responsible for the contents of commercials or the context (how and where) the commercials are released.

In case you don’t follow Limitations and Anti-Spam Policy requirements, we reserve the right to place restrictions on or suspend your account upon written notice to you.

Termination and Modification of Agreement

CactusVPN reserves the right to change this Agreement at any time, so we advise affiliates to review it periodically. The changes will be effective immediately when posted. Affiliate’s continued use of the Company’s Site or participation in the Program following the posting of any changes to this Agreement shall constitute Affiliate’s acceptance of the changed Agreement.

CactusVPN reserves the right to close an affiliate account and stop payments upon written notice to you, including but not limited to suspending your account and retaining all sums within the account as well as commencing a full investigation. We will remove the restrictions only once we are satisfied that the matter is resolved.

The Affiliate’s account could be terminated due to several reasons (but not limited to them): 

  • If you have not earned any Commissions or have not logged into your Affiliate account within a 6-month period;
  • If the rate of chargeback(s), refunds, or cancellations on your account is unusually high, or we suspect your affiliate account is being used for fraudulent activity;
  • A very outdated review that may damage our reputation;
  • The website or the review about us becomes unavailable;
  • If Affiliate violates the Agreement;

Policy Updates

We reserve the right to make changes in our terms of Service at any time and at our sole discretion. The changes and updates will be effective immediately, therefore we encourage you to check our Terms of Service regularly.