Every once and a while, I stumble on an example of this so egregious - so utterly amazing - that I can't help but shake my head and marvel at the mysteries of the universe. I mean, it'd be like buying a car that has with it the provision that you're not allowed to drive it over 20 km per hour. Obviously, nobody (well, almost nobody) keeps their car under 20 km/h - so either people buying those cars aren't even aware that the Terms of Service prohibit it, or they know it but just don't care and figure it'll never be enforced. Either way, wtf?

This week, I've been doing some research on the recent blocking of Iranian 'net access - it harkens back to what was going down during the Green Revolution of 2009... something I remember well from firsthand experience. Anyway, I came across this page, extolling the services of a VPN company called "Torguard" (although near as I can tell they have absolutely nothing to do with the actual Tor project itself, apart from stealing their brand to appear more legitimate-ish, I guess). They're promoting something called "Iran VPN Service", and I wanted to see what special technologies they're using to get around the latest DPI/protocol-based blocking being done by the Iranian censors.
Finding: they're not doing a fucking thing to get around those blocks; they're just selling standard VPN service, which will certainly be blocked in Iran under the current system of censorship, and pretending otherwise... quite smarmy in and of itself.
Here's the promises made:
Best Iran VPN Service
Bypass the great firewall of Iran with VPN service from TorGuard
If you ever traveled to Iran you would know about the extreme Internet filtering measures that the Iranian government has in place. There are currently over 15.000 sites blocked in Iran, including Facebook, YouTube, Twitter, Blogger, Wordpress, and some that contain political, adult, human rights or anti-Islamic content.
Fortunately, there is now an easy way to bypass the Great Firewall of Iran, unblock these websites, and get Full Internet Access anywhere in Iran. With TorGuard's VPN service. you will completely unblock your Internet access in Iran and surf websites like in your home country.
Unblock Facebook in Iran
Unblock YouTube in Iran
Unblock Twitter in Iran
Hide your browsing history
Paying for your TorGuard Iran VPN service just got a little easier. We've partnered with popular reseller's in Iran to give you the largest number of payment options! To purchase a pre-paid service PIN, select from your local Iran VPN resellers below:
Eshtrakat
http://www.eshtrakat.com/torguard
Payment methods accepted: LibertyReserve, DixiPay, WebMoney
Unblock the internet in Iran with TorGuard VPN Service...
Order today and take back your freedom!
And here's a screenshot of the page:
So, I had a look at their Terms of Service (TOS) page, and my first surprise was that they say that it's prohibited to use their service in Iran. Hmm... but aren't they promoting it as "Iran VPN Service?" Here's the language from the TOS, verbatim:
Export Control Policy
NOTICE ABOUT PERSONAL LIABILITY FOR PROHIBITED EXPORTS OF THIS SOFTWARE
This software contains sophisticated and powerfull encryption methods that make it a federal crime for one to do certain things with it, even unknowingly. Ignorance of these laws does not reduce your personal liability. Please read the following guidelines carefully before accepting this software.
You may not 'export' this software to certain countries listed on the Commerce Control List, which currently includes Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. This list may change from time to time so please visit HTTP://WWW.ACCESS.GPO.GOV/BIS/EAR/PDF/740.PDF to get updates. This prohibition on 'exports' means you may not send the software itself to such countries but it also means you may not carry your own personal computer containing this software into or through such countries.
Anywhere in the world, even inside the United States, you may not transfer this software (or a computer containing this software) to certain persons or organizations or companies listed on the Denied Parties List. See HTTP://WWW.ACCESS.GPO.GOV/BIS/EAR/PDF/740.PDF for the current list. Such a transfer is a "deemed export" subject to federal Export Administration Regulations. Do not deliver or transfer this software or a personal computer containing this software to a national or resident of a foreign country anywhere in the world without first checking the Denied Parties List. If the intended recipient is listed or belongs to a listed organization or company, you must contact the U.S. Department of Commerce, Information Technology Controls Division at (202) 482-0707 to apply for permission to make the transfer via an Export License. A transfer without the required license is a felony.
By downloading and/or using this Software and encryption services, you accept full and personal responsibility for the custody of this software and agree to comply with all applicable export control laws and obtain all necessary licenses should you wish to 'export' any copies of the Software. {color added - Pt_jD}
And a screenshot of same:
Now, the actual applicability of the aforementioned export limitations to opensource applications such as OpenVPN (or proprietary PPTP) is worthy of a separate discussion. Suffice to say that, since the big "crypto wars" of the 1990s - and Zimmerman's brave stance against these asinine provisions - there is very much an open question as to whether they're relevant at all. Those of us who were actually part of those "crypto wars" and know the lessons firsthand don't have to learn this from other sources. Folks who weren't there and thus don't have firsthand can, of course, research these things and educate themselves. Folks who are, you know, running a commercial VPN "privacy" service sure as fuck should know at least a little bit about these things... right?
Anyway, according to Torguard it's illegal - felony level illegal, natch - to download and use their software in Iran. They say this as they are promoting their service in Iran. Which is... cute.
But wait, there's more!
Once I had their Terms of Service open, I couldn't resist taking a peek at what else is hidden in there. And sure enough, ouch:
Acceptable Use Policy:
All services provided by TorGuard may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless TorGuard and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all TorGuard servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material {'sic' - this isn't even a complete sentence, so it's not clear what it's trying to say}. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
Banned Scripts:
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.IRC egg drops
{color added - Pt_jD}
Proxy servers
Mail bombers
Anonymous mailers
IP spoofers
Port scanners
Hivemail
Telnet or SSH Access Scripts
nph-proxy (and other scripts what operates like proxy)
UBB (Ultimate Bulletin Board, all versions)
lstmrge.cgi
phpShell
FormMail.cgi, FormMail.pl from Matt's Script Archive are not allowed.
Screenshot of same:
Phew. Now, in an attempt to be fair it looks like this text was ctrl-C/ctrl-V'd from the ToS of some hosting/colo provider or something; it keeps talking about "server load" and so on, and clearly nobody "runs" scripts (or anything else) on a VPN network's servers (which simply provide packet transit, by definition). So one could argue that this cut/paste effort was merely sloppy and unprofessional.
But I think that's a serious problem. Because these TOS do, in fact, govern what customers can and cannot do on the Torguard network. Paying customers. Even the sentences that are grammatically garbled are, technically, dispositive. And in the event some law enforcement officer (LEO) shows up on a fishing expedition, the fact that the company's own TOS (appear to) forbid "obscene materials" would be the perfect leverage point for the LEO to get in and start fishing. Plus the copyright stuff, of course.
These TOS are execrable. Not the worst I've seen, admittedly... but close. And so sloppy. It's as if the company is saying "we don't think you're smart enough to actually read these TOS, and we're not even going to bother to make them internally logically consistent, let alone coherent. Give us your money, and fuck off." That's how it reads to me.
So the moral of the story is, don't use Torguard if:
- 1. you live in Iran (ironically);
2. you watch porn;
3. you ever share or otherwise touch "copyrighted materials," irrespective of Fair Use provisions.
Given that, do you feel like you want to pony up close to $20 a month for the "protection" offered by this service? I didn't think so - and neither do I.
EDITED TO ADD: since I posted this article last week, there's been a series of forum trolls showing up here to submit spammy topics using racist screen names (there's a bit of info down below, in this thread). We deleted the early versions of the trolling, as they - again - had racist overtones and really aren't acceptable. However, the latest iterations of them have been collected into a handy thread in our Dumping_Ground area - where spam and other off-topic detritus goes to die. The link to the thread is here. I have no idea whether the "sudden" appearance of this silly troll is directly related to the above article you've just read, or not. Nobody's told me either way. But the timing is... interesting. And the IPs associated with the troll are... interesting. I leave it as an exercise for the reader to draw conclusions - or not - from there. I will note that, despite several hundreds of views, nobody has made any substantive responses to the points I bring up in this article. Which is... interesting.
