The Service is provided by PCRx through Crawler, LLC (which may be referred to herein as "PCRx.com," "PCRx," "we," or "us").
The Services described herein are provided on an AS IS and AS AVAILABLE basis. We disclaim any and all responsibility and liability for the availability, timeliness, security or reliability of the Services which are made available to you for personal, non-commercial, use only. We reserve the right to modify, refuse, suspend or discontinue the Service(s) with or without notice at any time, for any reason, and without liability.
LinkToMyPC: Provides registered users with secure remote access, control and administration to the user's registered PC computers from any web browser for purpose of screen, data file and program sharing, business collaboration and on-demand customer support of PCs, servers, laptops, and other connected devices.
My Logon Manager: Provides registered users the safe and secure ability to store, save, synchronize and control the user's personal information and data, including logon IDs, usernames, web form data, passwords and secure password generation, and any other personal information or data from or to any web browser capable device for purpose of synchronizing, storing and using personal data for safe and secure usage of Internet accounts or web forms. For your convenience, My Logon Manager Toolbar provides quick access to your logins, bookmarks, identities and notes while browsing the Web.
Online Vault: Backup, encrypt and store your personal files, including music, photos, videos, social media information and financial records safely and securely online and restore them anytime. Our Premium License includes larger backup capacities, support and data mirroring for upgraded licenses. Includes multi-platform support for PC, Mac® and smartphones.
Online Vault Unlimited: The ultimate in personal data protection. Backup, encrypt and store your personal files, including music, photos, videos, social media information and financial records. Our Unlimited License includes unlimited backup capacity, support and data mirroring. Includes multi-platform support for PC, Mac® and smartphones. Online Vault Unlimited is for personal use only, and is not intended for business or commercial use.
Best Web Vault: Back up, encrypt and store your personal files, including music, photos, videos, social media information and financial records safely and securely online and restore them anytime. We offer a Premium License with larger backup capacities and an Unlimited License with unlimited backup capacity, both include support and data mirroring for personal accounts. Both include multi-platform support for PC, Mac® and smartphones. Best Web Vault is for personal use only, and is not intended for business or commercial use.
The Backup Center: Back up, encrypt and store your personal files, including music, photos, videos, social media information and financial records safely and securely online and restore them anytime. Both our Premium License with larger backup capacities and Unlimited License with unlimited backup capacity, include support and data mirroring for personal accounts. Both also include multi-platform support for PC, Mac® and smartphones. The Backup Center is for personal use only, and is not intended for business or commercial use.
PCRx, PCRx Optimizer, PC Power Speed and PC Fix Speed: Increase your PC speed and repair computer errors. Get a free PC diagnosis and view results that locate registry errors, recommend files for removal and find areas to optimize. Purchasing a full license will allow you to fix registry errors, remove unnecessary or potentially harmful files and optimize your computer. You can also get an optional Backup CD of the software or an optional Secure Multi-License to download a registered version of the software anytime you need it such as after a system reinstall or if your system was damaged by viruses or malware.
Spyware Terminator and Spyware Terminator 2012: Free real-time protection that effectively removes spyware, adware, trojans, keyloggers, home page hijackers and other malware threats from your computer. Our Premium license version includes integrated antivirus, priority updates, additional security tools, integrated Internet protection and product support.
Malware Striker: Free real-time protection that effectively removes spyware, adware, trojans, keyloggers, home page hijackers and other malware threats from your computer. Our Premium license version includes integrated antivirus, priority updates, additional security tools, integrated Internet protection and product support.
RidSpyware: Free real-time protection that effectively removes spyware, adware, trojans, keyloggers, home page hijackers and other malware threats from your computer. Our Premium license version includes integrated antivirus, priority updates, additional security tools, integrated Internet protection and product support.
System Protect: Get effective file protection software that prevents the removal or alteration of critical files and applications, and ensures operating system stability.
Web Security Guard: Prevent access to websites reported as dangerous and protect your computer from malware infection. Anti-Phishing Protection feature tracks and blocks phishing attempts on your computer and sends logs about the websites you visit.
LinkToMyPC Website: The website provides the download of remote access client and viewer applications software and access to the customer account. The site features a help section and FAQs.
My Logon Manager Website: Download My Logon Manager software right from the website and start using your license.
Online Vault, Best Web Vault and The Backup Center Websites: Download software right from the website and access your online licensed account to backup and restore files.
PCRx Website: Download any of the PCRx Security Suite of software products right from the website and easily obtain your license. Access to a community of users and a comprehensive support and resource center.
PC Power Speed and PC Fix Speed Websites: These sites feature a download link for a free PC scan as well as a secure software license purchase page and help section.
Malware Striker and RidSpyware Websites: The websites feature a software download page with a support and help section.
Web Security Guard Website: Web Security Guard software can be downloaded right from the website. Look up website reports in our extensive database, access our help section and help promote Web Security Guard.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. We reserve the right to modify, refuse, suspend or discontinue the Service with or without notice at any time, for any reason, and without any liability. Terms related to payment of fees (if any) are specified in the Terms of Offer and may be updated by us from time to time. PLEASE SEE OTHER DISCLAIMERS BELOW.
When you complete the registration process and click the "Download" button for any of our Services, you download our software, obtain a software license to use our product, create an account and agree to be bound by this TOU/EULA. If you do so on behalf of an entity of any kind, you are representing and warranting that you have the authority to accept this TOU/EULA on behalf of the entity, and the authority to bind the entity to this TOU/EULA. Your license and account allow you to participate in certain activities on the website.
To create your account, you must select a unique login name and password (“User Identification”). You may not use a login name that is used by someone else, and your login name cannot be vulgar, or otherwise offensive, or be used in any way that violates the TOU/EULA. You may not provide false information during the registration process. You must provide truthful and accurate information in creating your account. You are solely responsible for all activity on your account and for the security of your login name, password, computer system and/or related system and agree to keep this information secret. You may not reveal your password to other users. You agree to indemnify and hold us harmless for any improper or illegal use of your account. This includes illegal or improper use by someone to whom you have given permission to use your account. Your account is at risk if you let someone use it inappropriately and your account in any of our Services is subject to termination if you or anyone using your account violates the TOU/EULA. If you believe your account has been accessed without your authorization, you must notify us immediately by contacting Customer Support.
YOUR CONTENT IS YOUR RESPONSIBILITY: We disclaim any responsibility related to the content of files uploaded, stored or transmitted by you or other users. Your files are your responsibility: By uploading, storing, saving or transmitting your files, you are assuming full responsibility for the consequences of doing so. You are solely responsible for any and all conduct in entering, altering, deleting, modifying, sending or retrieving files, data, text information, screen names, graphics, photos, profiles, audiovisual clips, or any other content submitted, posted, displayed, transmitted, saved, stored or shared using your account or User Identification, including login, password and your account with us. We disclaim any responsibility related to the content of files uploaded, shared or transmitted and saved and stored by you or other users.
We do not claim ownership of any content you submit, post, transmit, store or share using our Services.
THIRD PARTY FEES: You may incur access or data or other fees from third parties, such as your mobile carrier or Internet provider, in connection with your use of our Services (depending upon your service plan with such entities) as well as automatic upgrades and updates of Mobile software. You consent to such upgrades and updates by using our Services, and agree that these Terms will apply to all such upgrades or updates. You are solely responsible for any such incurred third party fees. For example, uploading files for storage from a mobile device (including photos, videos, or other content) may use additional bandwidth or data usage depending on your service plan with your mobile device provider. We have no control over your service plans with your third party service providers. You understand and acknowledge that The Backup Center is not responsible or liable for any such additional or third party charges which may be incurred by or in connection with the use of our Services.
If you decide that you no longer wish to use downloads from us, you can uninstall the software by using the add/remove function within Windows®. If you choose to cancel your Online Vault Premium, Online Vault Unlimited, Best Web Vault or The Backup Center account, you will continue to have access to the service through the end of the paid billing period. After cancellation of your account, we have no obligation to provide you with a copy of your data and will remove and discard any data. Your license and this TOU/EULA will automatically terminate when you cancel your account or when we no longer provide the Services.
You understand and agree that the cancellation of your license and account and discontinuing use of our Services is your sole right and remedy with respect to any dispute with us. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this TOU/EULA or our enforcement or application of this TOU/EULA; (2) the content available through this site or any change in such content; (3) your ability to access and/or use this site; or (4) the amount or type of any fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges or billing methods.
Purchasers of some of our software licenses that have a backup CD must notify us immediately of any change in the address to which the backup CD should be delivered. We are not responsible for the replacement of backup CDs that are not received by you due to address changes that are not reported to us.
Notices: You consent that we may provide you with required notices, benefits and account information through electronic disclosure via email and postings on our website, or at the email address provided at the time of sign up (or as amended at our website by you from time to time).
We do not accept returns of any software license or product which is not purchased directly from us. Such products must be returned to the place of purchase (web store, etc.) and are subject to the return/refund policies of the place of purchase.
Refunds made by us will be made using the same method you used when you purchased the license. For example, if you purchased a license to the downloadable version of PCRx via credit card, any refund of the PCRx license fee you receive would be made as a credit to that credit card account.
Money Back Guarantee Policy: If you are not pleased with your purchase, contact Customer Support within the first 30 days following your initial purchase (unless a particular offer specifies a different period) about receiving a refund of the full purchase price. See refund eligibility requirements for specific products below.
PCRx, PCRx Optimizer, PC Power Speed, PC Fix Speed, My Logon Manager, Malware Striker, RidSpyware, Spyware Terminator 2012 and Spyware Terminator Premium License Refunds and Returns:
To obtain a refund of the initial license fee you paid for downloaded software, backup CD of the downloaded software or the Secure Multi-License, you must meet certain requirements. Your right to obtain a refund is subject to the terms of the Money Back Guarantee and the Refund Requirements listed herein for applicable products. All returns for downloaded software, backup CDs or Secure Multi-License must be pre-authorized by us. You must receive a Return Merchandise Authorization Number (“RMA Number”) for backup CDs.
To receive a RMA Number from us, contact Customer Support 24/7. The toll-free number in the USA for PCRx is 1-877-531-PCRX, PCRx Optimizer is 1-855-202-6306, PC Power Speed is 1-866-231-7627, PC Fix Speed is 1-866-325-7231, Malware Striker is 1-866-331-6079, RidSpyware is 1-866-374-6165, Spyware Terminator 2012 and Spyware Terminator Premium is 1-877-509-6009 and My Logon Manager is 1-866-925-5241 (Mon. - Fri., 8:30 AM - 7:00 PM). You must provide sufficient information for us to be able to identify your transaction, such as the order number and/or date of transaction given to you when the download was ordered. If we are able to identify your order and the request is made within the time frame discussed below, you will be assigned an RMA Number and provided a Declaration of Destruction of Software ("Declaration") form.
Online Downloads Refund Requirements: (1) You must request a refund from us within 30 days of the date we made the software available to you for download (the "Download Purchase Date"); (2) You must destroy all copies of the software you may have made or stored in any place and uninstall the software from any computers owned or controlled by you where you have installed the software; and (3) We must receive, at our offices, a fully completed and signed Declaration within 35 days of the Download Purchase Date.
Backup CDs Refund Requirements: (1) You must request a RMA Number from us within 30 days of the date we sent the backup CD to you (the "Backup CD Purchase Date"); (2) the backup CD must be returned in original, resalable condition including packaging and any software documentation. If backup CDs are not returned in original, resalable condition, you will be charged a restocking fee. No refunds will be issued for incomplete or non-component returns; (3) You must destroy all copies of the software on the backup CD you may have made or stored in any place and uninstall the software from any computers owned or controlled by you where you have installed the software; and (4) We must receive, at our offices, a fully completed and signed Declaration within 35 days of the Backup CD Purchase Date. No refund will be made by us unless and until the Declaration and if applicable, Backup CD, have been timely received by us. We are not responsible for lost or misdirected mail, delays for downloading or other communication system delays. We will not refund any shipping or handling charges that may have been charged to you.
Once you have returned the Declaration to us, all rights you may have been granted with respect to the software are thereby terminated. Any further use of the software will constitute an infringement of our intellectual property rights as well as a violation of this EULA.
Fees paid for month-to-month licenses for use of LinkToMyPC software are non-refundable.
My Logon Manager Premium, Online Vault, Online Vault Premium, Online Vault Unlimited, Best Web Vault and The Backup Center Licenses:
Fees paid for month-to-month licenses for My Logon Manager Premium, Online Vault Premium or Unlimited License are non-refundable other than as provided in our Money Back Guarantee Policy. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PAID PARTIAL MONTHS.
My Logon Manager: My Logon Manager software trials will revert to the free limited functionality license at the end of any trial offer if a Premium license is not purchased. My Logon Manager Premium licenses include mobile function, synchronization, support tickets, ability to edit and create logins, passwords, bookmarks, notes, virtual keyboard, auto-fill and many other premium features. There is no refund or credit available for any paid partial months, and any refunds shall be in accordance with the Money Back Guarantee Policy. Cancelled or terminated licenses will revert to the free limited functionality license at the selected termination or cancellation date, or the end of any paid period.
OnlineVault: Online Vault Premium, Online Vault Unlimited, Best Web Vault and The Backup Center licenses include data mirroring which maintains data on an additional server for fast recovery in case of hardware failure of the main server. Free accounts do not have data mirroring and in case of hardware failure, some data loss may occur on the server. However, if lost files are still stored on your computer and they are selected for backup, they will be uploaded to the server again during the next backup operation. Online Vault saves a copy of each file that is automatically selected for backup and other files you designate for backup to a server operated by us or our agent. Online Vault automatically scans for changes or additions to the backed-up data and then periodically re-saves a copy of a modified file or creates a copy of a newly designated file. Online Vault does not maintain multiple copies of your backed-up data. Your backed-up data may not be available or restorable if: (i) Online Vault has not completed copying your selected files or changed files; (ii) for files, folders, or disk drives that are not automatically backed-up, you do not manually select them for backup, or you unselect a file for backup; (iii) you delete a file using the website user interface which deletes the file from the server, or you delete a computer from your Online Vault registration; (iv) you move a file to a location on your computer that is not automatically scanned to select files for backup or you upgrade your operating system resulting in changes to your file mapping; (v) your computer is unable to access the Internet or Online Vault servers; (vi) you fail to follow Online Vault's technical requirements, including upgrading the version of your Online Vault software as required; or (vii) you terminate your license or fail to renew your license to Online Vault; or (viii) we discover that an unlimited license is being used for business or commercial purposes; such usage constitutes a violation of our use policy, which allows only for personal, non-commercial use, and will result in license termination, forfeiture of all fees paid, and deletion and loss of all stored or otherwise affected data.
Confidentiality of your content: You are solely responsible for maintaining the confidentiality of your My Logon Manager or Online Vault user name and password and you are solely responsible and liable for any and all activities that occur with respect to your content, license and account. Compromise of your username and/or password may compromise the security of your backed-up data. My Logon Manager and Online Vault security features include safeguards designed to protect your backed-up data including data encryption and secure transfers to our data centers. Your backed-up data is accessible by supplying your valid login credentials and via (i) an Internet enabled computer using the website user interface, or (ii) certain software applications, including mobile device applications.
Security: Although we make commercially reasonable efforts to store your personal information and backed-up data in a secure operating environment that is not accessible to unauthorized users, we cannot guarantee complete security and are not liable for the malicious or intentional acts of third parties. By using such products and services, you knowingly accept this risk.
Trials: If you sign up for a trial, you are entitled to a full license version of the software for the trial period disclosed in the offer. After the trial period ends, you will be given the opportunity to purchase the full or Premium license for your selected application, and the license fee will subsequently be charged or debited to the credit or debit card you provide to continue your selected software application and license, or, if you choose not to purchase the software license, your trial will end, and your license will terminate automatically or may revert to a free limited functionality license if one exists for the software product you have selected. PLEASE NOTE: Some trials may include a trial of Online Vault, Best Web Vault, The Backup Center, or My Logon Manager licenses, which if terminated automatically as described herein will immediately purge any backed up or stored information. We are not liable in any manner for such terminated trials. During the trial period, you may cancel your license or your trial at any time by contacting Customer Service.
PLEASE NOTE: If your account is terminated for any reason, including but not limited to non-payment, non-renewal, failure to activate a paid software license after a trial period ends, failure to comply with or violation of this TOU/EULA, discontinuation of Services by us, cancellation or expiration or any other reason, you understand, acknowledge and agree that it is our policy to automatically purge all backed-up files, data and content in your licensed account after any such termination, cancellation or other voluntary or involuntary non-renewal of your license. You agree to hold us harmless and agree that it is your sole responsibility to secure an alternate source for your backup needs.
Term, upgrades and Automatic Renewal: For customers who purchase software license associated with our Services, your software upgrades and other minor releases of the software are included free of charge with your software license from the original date of software license purchase until the end of the initial term you select. After the initial term, software upgrades and software releases are provided to you only if you have renewed your software license.
IMPORTANT AUTO RENEWAL FEATURE: For your convenience and in order to provide seamless services to our customers, the automatic renewal feature is pre-selected at the time of purchase. This feature does not require you to take any further action in order to renew your software license, and to allow your chosen services to continue uninterrupted. For License purchases of 12 months or more, you will receive renewal notices 60 and 30 days in advance of your renewal date. Upon your renewal, unless you designate otherwise, the credit/debit card used for purchase of the initial software license will be charged the applicable software license renewal fee plus any applicable taxes automatically on or about ten days prior to license expiration unless one of the parties has cancelled the license or provided the other party with notice of its intent not to renew the license at least 15 days prior to the end of the initial term or renewal term. Please note that you authorize us to charge the applicable software license renewal fee for your selected Service, to your credit/debit card in increments according to your selection (month-to-month, quarterly in 4 equal installments, semi-annual in 2 equal installments, annual, etc.).
OPT OUT: You can opt out of this auto renew feature at any time in your account preferences or by contacting Customer Service.
RENEWAL TERM: The renewal term of the software license shall be for the period selected by you when you purchased the initial software license service plan or paid account. Notwithstanding the foregoing, we may at any time (without prejudice to our other rights or remedies) terminate the automatic software license renewal in whole or in part.
Copyright Notice. © PCRx.com, LLC, 2013. All rights reserved.
Note: For LinkToMyPC customers, as used below the terms "you" and "your" also includes persons you authorize to access the Services and/or Intellectual Property.
The Service is provided and operated by us. The Service, and all materials accessible through the Services, including websites, website content and information, graphics, code, images, text, illustrations, logos, audio and video files (collectively "Intellectual Property"), are protected by copyrights, trademarks, service marks, or other proprietary rights owned or licensed by us. The compilation (meaning the collection, arrangement, and assembly) of all materials on the Services is our exclusive property and is protected by U.S. and foreign laws and international copyright treaties. Material from the Services may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of our Intellectual Property in any form, including but not limited to use on any other website or networked computer environment, without our express written authorization is a violation of our copyrights and other proprietary rights and is strictly prohibited. Any copies of documents contained on this website or portions thereof that you make must include the above copyright notice.
Documents published on this website may contain other proprietary notices or describe products, services, processes or technologies owned by us or by third parties. Except as expressly set forth herein, nothing contained herein shall be construed as us granting to the user a license under any copyright, trademark, patent or other intellectual property right of ours or any third party. Except as expressly granted to you under this TOU, all rights are reserved by us;
You may not link to this website, without prior consent from us, which consent may be withdrawn by us at any time, with or without notice, in our sole discretion.
Notification and Procedure for Making Claims of Copyright Infringement. You may notify us if your work has been copied in a way that you believe constitutes copyright infringement. In compliance with the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2), we have designated a Copyright Agent to receive any such notification. Our Copyright Agent may be contacted at:
Designated Agent for DMCA Notices
c/o Walter Messick, Esq.
Galvan Messick, LLP
1900 Corporate Blvd., Suite 101 West
Boca Raton, Florida 33431
If you wish to notify our Copyright Agent of a claim of copyright infringement, please provide written notice. Your notice must contain the following information:
Trademarks. "LinkToMyPC, My Logon Manager, Online Vault, Best Web Vault, The Backup Center, PCRx, PCRx Optimizer, PC Power Speed, PC Fix Speed, Malware Striker, RidSpyware, Spyware Terminator and Web Security Guard" and other marks, logos, and service names are our trademarks, trade names and/or trade dress or the trademarks and/or trade dress of our affiliates. None of our trademarks or our affiliates' trademarks may be used in connection with any product or service that is not ours or our affiliates', in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us, or our affiliates. All other trademarks viewable from a search performed using the Service are the trademarks and/or registered trademarks of their respective owners.
By installing and/or using our Services including software and purchasing software licenses ("software"), you agree to the following:
i. License. We grant you a non-exclusive license to install and use our software solely for personal use and only for the purpose of accessing the Service. We and our software licensors/suppliers reserve the right to add additional features or functions to the software at any time, without requesting your approval. We may require the update of software on your computer when new versions of the software are released or new enhancements are available. Updates may occur automatically when you use the Service. Changes to this End User License Agreement may be made by us and will be posted on the website. Your continued use of the software will constitute consent to the revised terms. We are under no obligation to support software for which a license has not been purchased and paid for in full. We may at any time suspend or terminate this license and disable the software.
ii. Restrictions. You may not reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the software for any reason. You may not modify the software in any way. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), create derivative works or in any way transfer the software or use the software for the benefit of any third party through any outsourcing or time-sharing arrangement or through the operation of any service bureau. For the purpose of LinkToMyPC Service all use must also conform with restrictions regarding the authorized number of accessible users, computers and guests. You understand that the software is licensed not sold, and that the software and all rights not expressly granted herein are reserved to us and our licensors/suppliers. We reserve the right to remove or replace any uploaded files, and assume no liability for lost or misplaced file URLs. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of us and our affiliates without our express written consent. You may not use any Meta tags or any other "hidden text" utilizing our name or trademarks or those of our affiliates without our express written consent or that of our affiliates. The materials provided herein are for personal, non-commercial use only. Documents published on this website may contain other proprietary notices or describe products, services, processes or technologies owned by us or by third parties. Except as expressly set forth herein, nothing contained herein shall be construed as us granting to the user a license under any copyright, trademark, patent or other intellectual property right of ours or any third party. Except as expressly granted to you under this TOU/EULA, all rights are reserved by us. You may not link to this website without prior consent from us, which consent may be withdrawn by us at any time, with or without notice, in our sole discretion.
iv. Export Controls. The software or goods sold herein may be subject to export controls or restrictions by the United States or other countries or territories. You agree to (i) comply with the requirements of the U.S. Department of Commerce (DOC) Export Administration Regulations (EAR) (see http://www.bis.doc.gov) and all applicable international, national, state, regional and local laws, and regulations, including without limitation any applicable import and use restrictions, (ii) not export, or re- export, directly or indirectly, the Software to any country outlined in the EAR, nor to any person or entity on the DOC Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred List, or on the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, and (iii) not license, sell, provide or distribute the Software for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons.
We may discontinue, suspend or modify any of our Services, any feature included in the Services, or the availability of the Services on any particular device or communications service, at any time and without notice to you. If any third party makes an intellectual property infringement claim relating to the Services, we reserve the right to immediately terminate your software license, including all paid or free versions. While not obligated to do so, we will endeavor to communicate any such actions to you by either sending you an email or by posting relevant information to the Websites.
Note: For LinkToMyPC customers, as used below the terms "you" and "your" also includes persons you authorize to access the Services and/or Intellectual Property.
This Section defines the Acceptable Use Policy ("Policy") relating to the Service. You are responsible for continual compliance with this Policy. You agree that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. We take no responsibility for third party content, nor do we have any obligation to monitor such third party content. Nonetheless, we reserve the right to monitor content at any time for any reason. Further, we reserve the right to remove objectionable or personally identifiable information. We will not be responsible or liable for the exercise or non-exercise of your rights under this TOU/EULA.
For example, you may not use the Services to back up, submit, create, transmit, distribute, provide access to or store any files, information or material that:
If you become aware of any such activities, you are obligated to immediately notify us.
We reserve the right to suspend or terminate access to the Services upon notice of a violation of this Policy. Indirect or attempted violations of this Policy, and actual or attempted violations by a third party on behalf of you, shall be considered violations of this Policy by you.
We have the right, but not the obligation, to monitor any activity or content associated with the Service. We may investigate any reported violation of its policies and take any action we deem appropriate, including terminating your access to the Service without notice. Any of the following, without limitation, would be a violation of the TOU/EULA and our policies and guidelines, and upon our determination, in our sole discretion, that you have engaged in any of the following, we shall terminate your access to the Service without notice, and to the extent applicable, remove, or disable access to, any material that is in violation of the following or claimed to be infringing or to be the subject of infringing activity. Accordingly, you expressly represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Service any materials which (i) restrict or inhibit any other user from using and enjoying the Service, (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus or other harmful component, or (vi) constitute or contain false or misleading indications of origin or statements of fact.
We may report any activity, backup, storage, distribution or other activity we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. To cooperate with governmental requests, to protect our systems and users, to ensure the integrity and operation of our business and systems, or in response to subpoenas, court orders, or legal requirements, we may access and disclose any information we consider necessary or appropriate, including your contact details, IP addressing and traffic information, posted content, and web usage paths and may retain such information for appropriate law enforcement officials or other third party enforcement personnel to the extent permitted by applicable federal, state and local laws. By using the Service you expressly consent to the foregoing use and disclosure and to hold us and our affiliates harmless for any such actions.
You agree to indemnify, defend and hold us harmless as well as any parent company, subsidiaries, affiliates (and each of our or their officers, directors, managers, employees, agents, representatives, information providers and licensors), against liability related to any claims, demands, including but not limited to reasonable attorney's fees, arising from or in any way related to any alleged violation of this TOU/EULA by you, use of the Services by any other person through you or using your computer or your account or license, claims by third parties related to your use of the Services or in connection with your transmission of any content on or through the Service. This Section shall survive termination of this TOU/EULA.
YOU ARE USING THE SERVICES AT YOUR OWN SOLE RISK AND WE ARE UNDER NO OBLIGATION TO PROVIDE YOU WITH ANY SUPPORT, ERROR CORRECTIONS, UPDATES, UPGRADES AND/OR ENHANCEMENTS OF THE SERVICE.
YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. THE USER OF THIS WEBSITE ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF THIS WEBSITE, THE SERVICES AND THE INTERNET GENERALLY.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (I) THAT THE SERVICES OR INFORMATION OR CONTENT PROVIDED THROUGH THE SERVICES WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS OR MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR FAULT-FREE; (II) THAT THE SERVICES WILL BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (III) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (IV) THAT THE SERVICES ARE NONINFRINGING. WE AND OUR AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE US AND OUR AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN CONTRACT OR TORT ARISING OUT OF OR IN CONNECTION WITH THIS TOU/EULA OR THE SERVICES.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF OUR AFFILIATES, OR ANY OF OUR OR THEIR OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION), INCLUDING WITHOUT LIMITATION ANY SUCH ACTION ARISING OUT OF (I) USE OF THE SERVICES BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION, (II) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (III) ANY GOODS OR SERVICES DISCUSSED, PURCHASED, OBTAINED, OR PARTICIPATED IN, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICES, IN EACH CASE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT SOME REMEDY IS REQUIRED BY APPLICABLE LAW WITH RESPECT YOUR USE OF THE SERVICES, YOUR EXCLUSIVE REMEDY REGARDING THE SERVICES SHALL BE THE REPLACEMENT OF ANY SUCH SERVICES OR COMPONENT OF THE SERVICES FOUND TO BE DEFECTIVE. IN NO EVENT SHALL OUR CUMULATIVE LIABILITY OR OUR AFFILIATES' CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS OF DIRECT DAMAGES RELATING TO THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID FOR USE OF THE SERVICES DURING THE ONE-YEAR PERIOD PRECEDING THE CLAIM.
Although we make commercially reasonable efforts to provide a secure operating environment (ex. secure transmission and encryption), we cannot guarantee complete security and are not responsible for the malicious or intentional acts of third parties. By using the Service, you knowingly accept this risk.
You acknowledge that compromise of your usernames and/or passwords may compromise the security of your remote access and your computer. We are not liable for any loss incurred by you resulting from another's use of your password and/or account, either with or without your knowledge. You will be held liable for losses incurred by us or by another party due to another's use of your password and/or account, either with or without your knowledge. You shall not access or use someone else's account at any time, without the permission of the account holder.
Note: For LinkToMyPC customers, as used below the terms "you" and "your" also includes persons you authorize to access the Services and/or Intellectual Property.
By accessing or using the Service(s), You:
DISPUTES AND ARBITRATION PROVISION. This TOU/EULA shall be construed, enforced and determined according to the laws of the State of Florida without regard for choice of law provisions. All parties and/or users agreeing to this TOU/EULA for any or all Services agree that any and all disputes, causes of actions or claims arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be fully and finally settled in binding arbitration proceedings under the Rules of Arbitration of the American Arbitration Association in force at the time this Agreement is entered, by one arbitrator appointed in accordance with said Rules, with the specification that any such arbitral award shall be enforceable by any court having jurisdiction thereof. All parties seeking relief are to be bound by this arbitration provision as the sole method to determine any disputes arising from, in connection with, or related to this Agreement, including any actions to enforce or interpret this Agreement. Exceptions: You and we agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy or unauthorized use; and (3) any claim by us for injunctive relief. The arbitration proceeding shall be construed in accordance with the applicable laws of the American Arbitration Association. All Arbitration proceedings shall be held in Ft. Lauderdale, Florida.
All parties and/or users agreeing to this TOU/EULA agree that any and all disputes arising out of, in connection with or in any way related to this Agreement, or the products or services associated with this Agreement, shall be limited as to discoverable information which is requested pursuant to a subpoena, arbitration, discovery, or any other legal proceeding, by the following:
Last Updated: January 31, 2013