1. Acceptance of Terms
These terms and conditions (the “Terms”) is a binding legal agreement between you and NetSys Inc. (“Mysterium Networks” or “we”) that governs your participation in the early open alpha testing program (the “Program”) of the Mysterium network (the “Network”).
Your enrolment and participation in the Program and use of the Network is subject to these Terms. By participating in the Program or using the Network you are fully accepting the terms, conditions and disclaimers contained in this document and all policies and guidelines that are incorporated by reference. If you do not accept these terms and conditions you must immediately stop using the Network and withdraw from the Program. You shall not enroll into the Program or use the Network in contradiction with these Terms or any applicable law or regulation of the country or territory you originate from or reside in or any applicable jurisdiction (the “Applicable Law”). For the purposes of these Terms, the term “using the Network” means accessing, connecting to or utilizing the Network in any other way.
You may not sign up for and participate in the Program (a) if you have not reached the age of majority in your territory of residence (in most cases, 18 to 21) or if you do not have the ability to form binding contracts under the Applicable law or (b) if you are not the owner of the device on which you use the Network.
2. Changed Terms
We shall have the right at any time to change or modify the Terms or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on our website, or by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Network after such notice shall be deemed to constitute acceptance of such changes, modifications or additions.
3. Your Role
The Network allows users (the “Users”) to enhance their security and increase privacy while using the internet. It is accomplished by creating virtual tunnels through one or more connections to other users of the Network (the “Nodes”) and by using their equipment and resources to route the Users to their final destinations.
By enrolling into the Program or using to the Network, you agree to act as an Node operator and become a part of the Network. These Terms govern your participation in the Program as an Node. Therefore, you consent that the Users and we use your equipment, communication and other resources for the purposes of the Program.
4. Network and Feedback
The Network is still in its early development stage. The sole purpose of the Program is to obtain feedback on the performance of the Network and to identify its defects. You expressly acknowledge that the Network is a test product and may contain bugs, errors and other problems that could cause loss of data store in the platform, inconsistent performance and other failures including but not limited to systems crashes, interruptions and data loss. You are advised to use caution and not to rely in any way on the performance and functioning of the Network . We do not guarantee that the Network will be developed to reach any subsequent development stage (e.g. release version) or that any subsequent versions will have the same or similar functionality and characteristics to the ones that the Network have. To maintain and develop the Network we may collect limited and anonymized information and performance data.
5. No Compensation
You will get no remuneration or compensation of any kind for the participation in the Program from us unless we have agreed otherwise in writing.
You shall be responsible for obtaining and maintaining all necessary hardware, software and other equipment and resources needed to use of the Network and all charges related thereto. As an option, you can use Mysterium software
(https://github.com/mysteriumnetwork/) to use the Network.
7. Our Role
We do not encourage, support and contribute to illegal activities and we are resolved to keep the Network operating legally and to protect you. To this end, we enter into binding agreements with the Users by which they undertake to use the Network only for legal purposes; however, we have no technical possibility to monitor and control their activities on the Network and cannot guarantee that the Users will comply. Although we strongly believe that you should not be liable for the traffic which passes through your Node, you accept, agree and fully understand that we cannot guarantee that no illegal or criminal traffic passes in or through the Network and that you will never face any legal liability. In the case you will obtain any inquiries from legal authorities about your participation in the Program or face an official investigation related to the use of your resources by the User using the Network, we are free to take a decision to provide you with any help and assistance, including legal advice, that we might find necessary or suitable in the specific situation.
If you need our help or advice, please contact us immediately at email@example.com
8. Your Conduct
Monitoring and Whitelisting
You must respect the net neutrality principle, i.e. except for the limited cases of whitelisting as described below, you must not filter, limit, restrict, inhibit or obstruct any lawful communication or types of communication which passes through your Node and treat all lawful data as the same regardless of its kind, source, or destination.
For the sole purpose of whitelisting the exit destinations for outgoing traffic you can monitor and filter the data which passes through your Node. However, in any case you must not log and / or store any such data, including connection time stamps, used bandwidth, traffic logs, Users’ IP addresses, destinations IP addresses and other communication data, and not disclose such information to a third party.
You may not use the Network in any manner that could damage, disable, overburden, or impair the servers and other resources of Network or other Nodes, or interfere with any third party’s use of the Network. You may not attempt to gain unauthorized access to any aspect of the Network or to information for which you have not been granted access.
Without limiting the generality of the foregoing, you shall not use or encourage, authorize or facilitate others to use the Network for any illegal, harmful, fraudulent, infringing or offensive use, including:
uploading, transmitting, streaming, accessing, displaying, receiving, or distributing any copyrighted, trademark, or patented content which you do not own or lack consent or a license from the owner;
extortion, blackmail, kidnapping, rape, murder, sale/purchase of stolen credit cards, sale/purchase of stolen sale/purchase, sale/purchase of illegal sale/purchase, performance of identity theft;
use of stolen credit cards, credit card fraud, wire fraud, bank fraud;
hacking, pharming, phishing, or spamming of any form through our service in any form or scale;
exploitation of or contribution to children exploitation photographically, digitally or in any other way;
connecting to the Network any devices, software and/or hardware which does or may do any of the above;
any other activities that are against the law of the country you originate from or reside in, and/or any other activities that are not compatible with the principles of democracy, freedom of speech, freedom of expression, and human rights.
9. Your Account, Password, and Security
An ID and a private key (jointly, the “ID Data”) will be automatically created for your when use the Network for the first time. You are entirely responsible for maintaining the confidentiality of your ID Data. Furthermore, you are entirely responsible for any activities that occur under your ID Data. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your ID Data, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account. You may not use anyone else’s ID Data at any time, without the permission of the account holder.
10. Copyright Notice
Our logos are our trademarks. All rights reserved. All other trademarks appearing on the Network are the property of their respective owners.
You may terminate the Terms at any time by ceasing your use of the Network and closing your account with us.
We may terminate these Terms at any time for any reason whatsoever, including without limitation if you breach the Terms or the Applicable Law.
Upon termination we may delete your data which is under our control.
You agree to defend, indemnify and hold harmless us, our affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of the Network by you or your account.
11. Disclaimer of Warranty; Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE NETWORK IS AT YOUR SOLE RISK. NEITHER WE, OUR AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE NETWORK WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE NETWORK, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE NETWORK.
THE NETWORK IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL WE, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, DEVELOPING OR MAINTAINING THE NETWORK, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE NETWORK.
IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, WE, NOR OUR AFFILIATES OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED IN THE NETWORK, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.
FORCE MAJEURE. NEITHER PARTY WILL BE RESPONSIBLE FOR ANY FAILURE OR DELAY IN PERFORMANCE DUE TO CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, RIOT, EMBARGOES, ACTS OF CIVIL OR MILITARY AUTHORITIES, FIRE, FLOODS, ACCIDENTS, SERVICE OUTAGES RESULTING FROM EQUIPMENT AND/OR SOFTWARE FAILURE AND/OR TELECOMMUNICATIONS FAILURES, POWER FAILURES, NETWORK FAILURES, FAILURES OF THIRD PARTY SERVICE PROVIDERS (INCLUDING PROVIDERS OF INTERNET SERVICES AND TELECOMMUNICATIONS). THE PARTY AFFECTED BY ANY SUCH EVENT SHALL NOTIFY THE OTHER PARTY WITHIN A MAXIMUM OF FIFTEEN (15) DAYS FROM ITS OCCURENCE. THE PERFORMANCE OF THIS AGREEMENT SHALL THEN BE SUSPENDED FOR AS LONG AS ANY SUCH EVENT SHALL PREVENT THE AFFECTED PARTY FROM PERFORMING ITS OBLIGATIONS UNDER THIS AGREEMENT.
You agree to comply with all applicable export laws and restrictions and regulations and agree that you will not export, or allow the export or re-export of the Network or any part of it in violation of the Applicable Law.
The Terms constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Republic of Panama, without regard to its conflict of laws rules.
You agree that any legal action arising out of or relating to these Terms shall be filed exclusively in the competent courts of the Republic of Panama.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The headings used herein are for convenience only and shall not be given any legal import.
You agree that these Terms and our rights hereunder may be assigned, in whole or in part, by us or our affiliate to any third party, at our sole discretion, including an assignment in connection with a merger, acquisition, reorganization or sale of substantially all of our assets, or otherwise, in whole or in part. You may not delegate, sublicense or assign your rights under these Terms.
Effective date: May 22, 2020
Netsys Inc. (“us”, “we”, or “our”) operates the Mysterium network (the “Network”).
A. NO-LOGS PLEDGE
Additionally, as we provide the Network by creating virtual tunnels through one or more connections to other users of the Network (i.e. the Nodes, as defined in the ToU) and by using their equipment and resources to route you to your destination, it is not technically possible for us monitor your activities in the Network.
In addition to our no-logs pledge this creates an additional layer of privacy for you.
Having said this we feel that it is our obligation to inform you that the Network cannot guarantee 100% privacy. We enter into binding legal agreements with our users who run the nodes in the Network to prevent them from logging and storing the traffic which passes their nodes, but we cannot promise they will not.
If the applicable law requires us to disclose your data, we will be forced to do so; however, as we collect and store just minimal data which does not allow to identify you (see below), the impact of such disclosure on your privacy will be minimal.
B. ANONYMOUS DATA
To use the Network you need to create a public / private key pair. Your public key will be passed to us to register you with the Network. Note, that this public key will not include any of your personal data and you cannot be identified by it.
When you use the Network we may collect minimal information on how the Network is used and whether the connection was successful. However, this information is anonymous and cannot identify you and we use it to develop and maintain the Network.
D. CONTACT US