Terms of Service
Last updated: January 1, 2026
IMPORTANT NOTICE FOR UNITED STATES RESIDENTS: ARBITRATION AND CLASS ACTION WAIVER. These Terms contain a mandatory arbitration provision and class action waiver, as detailed in Section 17. This requires you to resolve disputes with Kona Broadcasting LLC through individual, final, and binding arbitration, unless you opt out following the procedure in Section 17.
1. Agreement to Terms
These Terms of Service ("Terms"), together with our Privacy Policy (available at [Link to Privacy Policy]), which is incorporated herein by reference (collectively, the "Agreement"), constitute a legally binding agreement between you ("you," "your," or "Subscriber") and Kona Broadcasting LLC, doing business as Kona+ SecureConnect VPN ("Kona+," "we," "us," or "our").
The Agreement governs your access to and use of our virtual private network (VPN) services, our website (the "Site"), our applications (the "Apps"), related software ("Software"), and all content ("Content") (collectively, the "Services").
By registering for, accessing, or using the Services, you:
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Acknowledge that you have read, understand, and agree to be bound by this Agreement;
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Represent that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal authority to enter into this Agreement; and
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Accept responsibility for all charges associated with your use of the Services.
f you are accepting on behalf of an employer or other entity, you represent that you have the full legal authority to bind that entity.
If you do not agree to all terms of this Agreement, you may not use the Services.
2. Modifications
We reserve the right to modify this Agreement at any time. We will provide notice of material changes by: (i) posting the updated Terms on the Site with a new "Last Updated" date, (ii) sending an email to the address on your account, or (iii) through a prominent notice within the Services.
Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. It is your responsibility to review the Terms periodically.
3. Acceptable Use Policy
You agree to use the Services only for lawful purposes and in compliance with all applicable laws, regulations, and these Terms. You are solely responsible for assessing the legality of your use in your jurisdiction.
Prohibited Activities. You may not use the Services to:
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Transmit spam, malware, or any unlawful, harmful, threatening, abusive, defamatory, or infringing content.
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Violate or infringe upon the intellectual property, privacy, or other rights of any third party.
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Engage in activities designed to gain unauthorized access to any network, system, or data ("hacking").
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Distribute child sexual abuse material or any content involving the sexual exploitation of minors.
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Interfere with or disrupt the integrity or performance of the Services.
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Compile, scrape, or distribute any list of server IP addresses we use to provide the Services.
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Attempt to circumvent any restrictions or limitations of the Services.
Enforcement. We reserve the right to investigate any violation of this Policy. If we determine, at our sole discretion, that you have misused the Services, we may take action without prior notice, including suspending or terminating your access to the Services without refund, and taking any further legal action we deem appropriate.
4. License Grant
Subject to your compliance with this Agreement, Kona+ grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download and use the Apps and Software solely for your personal, non-commercial use in connection with the Services.
You may not modify, reverse engineer, decompile, disassemble, or create derivative works of the Services, or attempt to do so. All intellectual property rights in the Services remain the exclusive property of Kona+ and its licensors.
5. Third-Party Services and Content
The Services may contain links to third-party websites, services, or content. We do not endorse, control, or assume responsibility for any third-party content. Your interactions with third parties are solely between you and that third party.
6. Service Availability and Disclaimers
The Services are provided on an "AS IS" and "AS AVAILABLE" basis. We strive to provide reliable service but cannot guarantee uninterrupted, timely, secure, or error-free operation. Service coverage, speeds, and server availability may vary and are subject to factors beyond our control.
To the fullest extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice.
7. Limitation of Liability
To the maximum extent permitted by applicable law, Kona+, its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or data, arising from or relating to your use of the Services, even if advised of the possibility of such damages.
Our total cumulative liability to you for any claim arising from the Services shall not exceed the amount you paid to us for the Services in the six (6) months preceding the event giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not fully apply to you.
8. Indemnification
You agree to indemnify, defend, and hold harmless Kona+ and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (i) your access to or use of the Services, (ii) your violation of this Agreement, or (iii) your violation of any law or the rights of a third party.
9. Payment Terms and Chargebacks
You agree to pay all fees associated with your subscription plan. If you initiate a chargeback or payment reversal ("Chargeback") for fees validly due, we reserve the right to immediately suspend or terminate your Account. We may also dispute the Chargeback and take steps to restrict your future access to our Services.
10. General Provisions
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Severability. If any provision of this Agreement is found to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
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Assignment. You may not assign or transfer this Agreement without our prior written consent. We may assign our rights and obligations to any affiliate or successor.
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Governing Law. This Agreement shall be governed by the laws of the State of [Your State], without regard to its conflict of laws principles.
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Entire Agreement. This Agreement constitutes the entire understanding between you and Kona+ regarding the Services and supersedes all prior agreements.
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17. Dispute Resolution & Binding Arbitration (For United States Residents)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
17.1. Informal Resolution. Most concerns can be resolved quickly by contacting our support team at [Support Email]. Before filing a claim, you agree to attempt to resolve the dispute informally by notifying us of your complaint.
17.2. Agreement to Arbitrate. If informal resolution fails, you and Kona+ agree to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the Services through final and binding individual arbitration, rather than in court. The Federal Arbitration Act governs this agreement to arbitrate.
17.3. Class Action Waiver. You may only bring claims against Kona+ on an individual basis, not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims or preside over any form of class proceeding.
17.4. Arbitration Procedures. The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
17.5. Opt-Out Right. You have the right to opt out of this Arbitration and Class Action Waiver. To opt out, you must send us a written notice within thirty (30) days of your initial agreement to these Terms. Your notice must include your name, address, email associated with your account, and a clear statement of your intent to opt out. Send the opt-out notice to our designated email, e.g., support@konabroadcast.com.
If you do not opt out within 30 days, you and Kona+ will be bound by this arbitration provision.
17.6. Exceptions. This arbitration agreement does not preclude you from bringing an individual claim in small claims court or seeking injunctive relief in court for intellectual property infringement or misuse.
17.7. Survival. This Dispute Resolution section shall survive any termination of your Account or the Services.
End of Terms of Service
How to Contact Us: If you have any questions about these Terms, please contact us at: Support@konabroadcast.com.