The following terms and conditions (the “Terms”) govern your use of the NeWay services we provide (the “Service”) and their associated website domains (the “Site”). These Terms constitute a legally binding agreement (the “Agreement”) between you and NeWay Internet Realy Service Worldwide (“NeWay”).

Activation of your account constitutes your agreement to be bound by the Terms and a representation that you are at least eighteen (18) years of age, and that the registration information you have provided is accurate and complete.

NeWay may update the Terms from time to time without notice. Any changes in the Terms will be incorporated into a revised Agreement that we will post on the Site. Unless otherwise specified, such changes shall be effective when they are posted.

If we make material changes to these Terms, we will aim to notify you via email or when you login at our Site.

By subscribing to the Service you agree to become a subscriber for the period you have elected (such as 1 month,6 months or 1 year) for the number of devices and for the amount of data transfer you choose.All amounts stated are in USD.

All plans renew automatically at the completion of the billing term. The renewal term is by default for the same duration as the billing term for the original subscription.

If you would like to discontinue automatic renewal, you may send us an email to [email protected] indicating your election to do so, or you may login at the Site and turn off auto renewal. By default auto renewal is turned on when you use a payment method that supports auto renewal (such as a credit card or Paypal) and is turned off when you use a payment method that does not support it (such as Stripe).

You may cancel your account with a full refund within 7 days of the initial purchase (“Money Back Guarantee”). Refunds beyond the 7 day purchase window will be considered, in the sole discretion of NeWay, only if a subscriber can demonstrate that the Service was not available or usable during the subscription period and that reasonable attempts were made to contact NeWay to resolve the issue. In this case, NeWay may provide the Account Holder with a pro-rata refund of service fees paid during the period the Service was not available or usable. Refunds are generally processed within 7 days back to your NeWay account. All refunds are sent in USD and therefore the refund amount could differ from the amount originally paid in local currency.

2. Usage Policy

You agree to comply with all applicable laws and regulations in connection with your use of this service.

You are responsible for maintaining the confidentiality of your security credentials, activation codes, and/or passwords (if any) and are liable for any harm resulting from disclosing or allowing disclosure of these credentials.

You further agree that you, or anyone using the service under your account, will not engage in any of the following activities, and that any of the following activities constitute grounds for termination of your account:

• Sending or transmitting unsolicited advertisements or content ("spam") over the Service, via e-mail or any other communication channel.

• Sending, transmitting or receiving any illegal content over the Service, including but not limited to child pornography, whether via e-mail, peer-to-peer file sharing, or any other electronic communication channel.

• Uploading, downloading, posting, reproducing, or distribution of any content protected by copyright, or any other proprietary right, without first having obtained permission of the owner of the proprietary content.

• Engaging in any conduct that restricts or inhibits any other subscriber from using or enjoying the Service.

• Attempting to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”).

• Posting to or transmitting through the Service any unlawful, harmful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that may constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, national or international law.

• Using the Service for anything other than lawful purposes.

Violations of this Usage Policy may result in termination of your account, without any refund of amounts previously paid for the Service. Additionally, you may be held responsible for any and all damages incurred by NeWay, including any amounts charged by any outside entity due to said violation(s), including without limitation attorney’s fees and costs.

NeWay enables you to download software, software updates or patches, or other utilities and tools onto your computer or Internet-enabled device ("Software"). NeWay grants to you a non-exclusive, limited license to use the Software solely for the purpose stated by NeWay at the time the Software is made available to you and in accordance with these Terms. Modifying, distributing to unauthorized parties, reverse engineering, or otherwise using the Software in any way not expressly authorized by NeWay, is strictly prohibited.

3. Privacy Policy

We are committed to your privacy and do not collect or log traffic data or browsing activity from individual users connected to our NeWay servers.

When you register on the Site you will be asked to provide certain personal information, including your billing and e-mail address and payment information. We will store this information, but will not share it with any third parties except as necessary to provide the features of the Service. For example, we may store your personal information on a third party server or we may use a third party analytics tool to understand how our Service is being used by customers. We will use your contact details to send you notifications about the Service and to respond to customer support requests. You may access and change your personal information by logging in to the Site.

In addition, we may collect the following information: dates (not times) when connected to our service, choice of server location, and the total amount of data transferred per day. We store this to be able to deliver the best possible network experience to you. We analyze this information generically and keep the data secure.

Our software may send diagnostic data to a third party analytics provider for the purpose of identifying connection errors and possible bugs in our application. The information collected is generic in nature and does not contain personally identifying information.

We use third party cookies, pixels and website analytics tools to track sales promotions or advertisements and to understand which pages on the Site receive visitors.

4. Disclaimers

We will strive to prevent interruptions to the Site and the Service. However, these are provided on an “as is” and “as available” basis, and we do not warrant, either expressly or by implication, the accuracy of any materials or information provided through the Site or Service, or their suitability for any particular purpose. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose, or non-infringement. We do not make any warranty that the Service will meet your requirements, or that it will be uninterrupted, timely, secure, or error free, or that defects, if any, will be corrected. You acknowledge that you access the Site and the Service at your own discretion and risk.

We do not control, nor are we responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Service. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Service, our network, the public or our users. We are not a publisher of third-party content accessed through the Service and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service.

The Site may contain links to third party websites (“Third Party Websites”). Access to Third Party Websites is at your own risk, and NeWay is not responsible for the accuracy, availability or reliability of any information, goods, data, opinions, advice or statements made available on Third Party Websites. These links may also lead to Third Party Websites containing information that some people may find inappropriate or offensive. The Third Party Websites are not under the control of NeWay and, as such, NeWay is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Website. The inclusion of any links to Third Party Websites on the Site are provided solely as a convenience to you and does not imply an endorsement or recommendation by NeWay of any third party resources or content. NeWay is not responsible for any form of transmission received from any link, nor is NeWay responsible if any of these links are not working appropriately. You are responsible for viewing and abiding by any privacy statements and terms of use posted in connection with Third Party Websites, and these Third Party Websites are not governed by this Agreement.

NeWay service coverage, speeds, server locations and quality may vary. NeWay will attempt to make the Service available at all times. However, the Service may be subject to unavailability for a variety of factors beyond our control including but not limited to emergencies, third party service failures, transmission, equipment or network problems or limitations, interference or signal strength, and may be interrupted, refused, limited or curtailed. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Service or communications services or networks. We may impose usage or service limits, suspend service, or block certain kinds of usage in our sole discretion to protect users or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.

NeWay does not as a matter of ordinary practice actively monitor user sessions for inappropriate behavior, nor do we maintain direct logs of customers' Internet activities. However, NeWay reserves the right to investigate matters we consider to be violations of these Terms. We may, but are not obligated to, in our sole discretion, and without notice, remove, block, filter or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms, and any other activities that may subject NeWay or its customers to liability. NeWay disclaims any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service and/or into your computing device.

5. Limitations of Liability

NeWay shall not be liable and shall not have responsibility of any kind to any user for any loss or damage that you incur in the event of: (i) any failure or interruption of the Site or Service; (ii) any act or omission of any third party involved in making the Site or Service or the data contained therein available to you; (iii) any other cause relating to your access or use, or inability to access or use, any portion of the Site or its Content; (iv) your interactions on the Site or Service; (v) your failure to comply with this Agreement; (vi) the cost of procurement of substitute goods and services, or (vii) unauthorized access to or alteration of your transmissions or data, whether or not the circumstances giving rise to such cause may have been within the control of NeWay or of any vendor providing software, services or support for the Site or Service. In no event will NeWay, its partners, affiliates, subsidiaries, members, officers or employees be liable for any direct, special, indirect, consequential or incidental damages or any other loss or damages of any kind even if they have been advised of the possibility thereof. The foregoing shall not apply to the extent prohibited by applicable law.

You are responsible for paying all fees and charges of any third party vendors whose sites, products or services you access, buy or use via the Service. If you choose to use the Service to access websites, services or content, or purchase products from third parties, your personal information may be available to the third-party provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not ours. We have no responsibility for third party provider policies, or their or your compliance with them. If you elect to download or otherwise enable any software, including any "client software" designed to facilitate your access of the Service, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the installation process for the Service.

6. Indemnification

You agree to indemnify, defend, and hold harmless NeWay, its officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Site and Service, including but not limited to your violation of this Agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.

7. U.S. Government Restricted Rights

For United States Government procurements, the Software is deemed to be commercial computer software as defined in Federal Acquisition Regulations ("FAR") and subject to restricted rights as defined in FAR "Commercial Computer Software - Restricted Rights" and “Rights in Commercial Computer Software or Commercial Computer Software Documentation”, as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display, or disclosure of the Software by the U.S. Government shall be solely in accordance with the terms of this Agreement.

8. Export Regulation

You acknowledge that the Software and related technical data and services (collectively "Controlled Technology") is subject to the import and export laws of the United States, namely the U.S. Export Administration Regulations ("EAR"), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All of the products of NeWay are prohibited for export or re-export to any country subject to relevant trade sanctions. Use or facilitation of NeWay in connection with any activity including, but not limited to, the design, development, fabrication, training, or testing of chemical, biological, or nuclear materials, or missiles, drones, or space launch vehicles capable of delivering weapons of mass destruction is prohibited, in accordance with applicable law.

9. General terms; Governing Law and Jurisdiction

This Agreement and any dispute between You and NeWay will be governed by and construed in accordance with the laws of the state Israel, and both You and NeWay agree to submit to the exclusive jurisdiction of, and venue in, the competent courts in Tel Aviv, Israel with respect to any dispute between us. If any provision of this Agreement is ruled invalid, such invalidity shall not affect the validity of the remaining portions of this Agreement. No waiver by either NeWay or You of any breach or default under this Agreement shall be deemed to be a waiver of any of any other breach or default under this Agreement.

10. Legal Effect

This Agreement describes certain legal rights. You may have other rights under the laws of Your state or country. This Agreement does not change Your rights or obligations under the laws of Your state or country if the laws of Your state or country do not permit it to do so.