This is the CyberDefender Website Terms of Service as related to your purchase of the CyberDefender Identity Protection Suite or any other CyberDefender product or service. It applies to www.cyberdefender.com, www.maxmyspeed.com, www.doublemyspeed.com and www.mycleanpc.com, referred to as the "Websites". When using the Websites and services (the "Websites"), you agree to the terms and conditions listed on this page (the "Terms of Service"). If you do not agree to these Terms of Service then do not utilize the Websites or Download any applications from these Websites.

General Terms of Service

The Websites are brought to you by CyberDefender Corporation, A Delaware Corporation ("CD"). You are permitted to use the Websites for personal, non-commercial purposes only.

By using the Websites, you agree to be legally bound and to abide by these Terms of Service, just as if you had signed this Agreement. If you do not comply with these Terms of Service at any time, CyberDefender reserves the right to terminate your access to the Websites. CyberDefender may discontinue or alter any aspect of the Websites, including, but not limited to, (a) restricting the time the Websites are available, (b) restricting the amount of use permitted, and (c) restricting or terminating any user's right to use the Websites, at CyberDefender's sole discretion and without prior notice or liability.

Payment and Services

Minor releases of the Software are free for one year from the original date of purchase. Subsequent upgrades and software releases are provided through the CyberDefender Software Subscription Plan. All purchasers of the Software as well as CyberDefender LiveTech services are automatically subscribed to the Plan and the original credit card will be charged automatically (or withdraw funds via electronic transfer from your checking account – depending on what payment method you are using). Subsequent payments are billed on or about the anniversary date for the applicable year. The term of the Plan shall be for the twelve, twenty four or thirty six (12, 24 or 36) month period beginning from the date of purchase of the Software or LiveTech Services. If not earlier cancelled, the Plan shall be renewed automatically for successive periods of one (1) year, unless either party provides notice of its intention not to renew prior to the Plan's renewal date. CyberDefender may at any time (without prejudice to its other rights or remedies) terminate the Plan in whole or in part upon thirty (30) days prior written notice to Purchaser or in the event of the breach of this Agreement by Purchaser, unless Purchaser cures such breach within such thirty (30) day period.

In certain instances CyberDefender may extend a Payment Plan to its customers for software or services. Customers who elect Payment Plans are contractually obligated to make the subsequent payments. Customers exercising a Payment Plan will make their first payment at the time of services rendered or software purchased. Subsequent payments will be made thirty (30) days from the date of the initial payment and will be made every thirty (30) days thereafter until the entire amount of the agreement has been satisfied. Subsequent payments will be automatically charged to your valid credit card provided (or withdrawal of funds via electronic transfer from your checking account – depending on what payment method you are using) unless other payment arrangements have been made with CyberDefender staff, such as with an alternate credit card.

Certain software, products or services may be sold which are billed monthly. These will be billed automatically to the credit card or payment method you have on file with us every thirty (30) days from initial purchase date and will continue to be billed every thirty (30) days. You may cancel these services at any time by calling us at (888) 427-9359 toll free during normal business hours. Business hours are posted in the Support section on this Website.

Delivery Site Change. You must notify CyberDefender immediately of any address change where the Software is delivered. CyberDefender is not responsible for the replacement of upgrades that are not received by You due to address changes that are not reported to CyberDefender.

Payment. As full consideration for CyberDefender's performance of its obligations under this Agreement Purchaser shall pay to CyberDefender a subscription fee equal to the original purchase price and any applicable sales, use, excise, or similar taxes. The fee is due on the anniversary date of the initial purchase or within thirty (30) days after Plan invoice date. Plan renewal fees may increase or decrease at the discretion of CyberDefender. Customers will be notified by email, to the email address indicated in the customer's record, prior to the Plan renewal date of; the impending renewal, its renewal date and the renewal amount.

Content and Materials

By visiting our Websites – you acknowledge that the Websites contain information, software, photos, video, text, graphics, music, sounds or other material (collectively, "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights. All Content is copyrighted as a collective work under the U.S. copyright laws, and CD owns a copyright in the selection, coordination, arrangement and enhancement of such Content. The CyberDefender name and logo are trademarks of CyberDefender Corporation. All other trademarks appearing on the Websites are trademarks of their respective owners. CyberDefender's partners may also have additional proprietary rights in the content that they make available through the Websites. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Content, in whole or in part. Modification of the materials or use of the materials for any other purpose, including use of any such material on any other Web site or networked computer environment is strictly prohibited. In the event you download software provided by CyberDefender, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by CyberDefender pursuant to a license agreement (EULA) governing the Software. CyberDefender does not transfer title to the Software to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.

License to the site

CD grants you a non-exclusive, non-transferable, limited right to access, use and display the Site and the materials thereon for your personal use only, provided that you comply fully with this TOS. You shall not interfere or attempt to interfere with the operation of the Site in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of this TOS.

Privacy Policy

The CyberDefender Privacy Policy describes how we manage personal information collected on our Websites provided when you use the Websites. You can review it here.

Software

From time to time, and at its sole discretion, CyberDefender may make available to users certain software that may be downloaded from this Site. In the event you download software from this Site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by CyberDefender. CyberDefender does not transfer title to the Software to you. You own the medium on which the Software is recorded, but CyberDefender retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.

CyberDefender supports products such as CyberDefender PREMIUM LiveTech services. CyberDefender COMPLETE and CyberDefender ULTIMATE are supported by QResolve (Quatrro) and QResolve provides all paid technical support services for CyberDefender customers and handles all direct communications for these two products.

CyberDefender Identity Protection

The CyberDefender Identity Protection Suite, is offered by CyberDefender through a reseller relationship and CyberDefender is not the provider of those services. All Identity Protection Suite services are provided by MyPublicInfo, Inc. as a third party service provider. The third party service provider is the only party responsible for providing services to you. You will look solely to the third party service provider for any loss, claims or damages arising from or relating to the purchase or provision of such services. You hereby release CyberDefender Corporation and its affiliates from any and all claims arising from or relating to the purchase or provision of such services by the third party service provider.

Submissions and Communication

If you submit content to our websites (e.g., contest submissions, polling questions, registrations) or you send us creative or technology suggestions, ideas, notes, drawings, or other information (collectively, the "Submissions"), such Submissions or Communication shall be deemed, and shall remain, the property of CyberDefender. None of the Submissions shall be subject to any obligation of confidence on the part of CyberDefender, and CyberDefender shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, CyberDefender shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions.

Disclaimers of Warranties

NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES: THE WEBSITES ARE OWNED AND OPERATED BY CYBERDEFENDER CORPORATION, A DELAWARE CORPORATION AND ITS SUBSIDIARY AND AFFILIATE CORPORATIONS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY REFERRED TO HEREIN AS THE "PROTECTED PARTIES").

THE WEBSITES ARE PROVIDED 'AS IS' AND YOU USE THEM AT YOUR SOLE RISK. CYBERDEFENDER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITATION, CYBERDEFENDER AND THE PROTECTED PARTIES MAKE NO WARRANTY THAT THE WEBSITES OR ANY SOFTWARE DISTRIBUTED THEREFROM WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITES WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITES IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. CYBERDEFENDER AND THE PROTECTED PARTIES MAKE NO GUARANTEES AS TO THE WEBSITES AND INFORMATION LOCATED WORLDWIDE THROUGHOUT THE INTERNET WHICH YOU MAY ACCESS AS A RESULT OF THE USE OF THE SOFTWARE, INCLUDING AS TO: (I) THE ACCURACY, CURRENCY, CONTENT, OR QUALITY OF ANY SUCH SITES AND INFORMATION, OR (II)WHETHER ANY USE OF THE WEBSITES OR THEIR SERVICES MAY LOCATE UNINTENDED AND OBJECTIONABLE CONTENT.

PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM CYBERDEFENDER PERSONNEL OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF SERVICE.

SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PROTECTED PARTIES AND THEIR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AGENTS AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE PROTECTED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITES; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITES. IN NO EVENT SHALL THE PROTECTED PARTIES TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, SOLELY FOR ACCESSING THE WEBSITES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE PROTECTED PARTIES, THEIR PARENTS, AFFILIATES AND SUBSIDIARY COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES) ARISING FROM YOUR USE OF THE WEBSITES, YOUR VIOLATION OF THE TERMS OF SERVICE OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. YOU AGREE TO IMMEDIATELY NOTIFY CD OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Termination and Modification

You agree that CyberDefender, in its sole discretion, may terminate your account (or any part thereof) or use of the Websites, and remove and discard any Content within the Websites, for any reason, including, without limitation, for lack of use or if CyberDefender believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Service. Further, you agree that CyberDefender shall not be liable to you or any third-party for any termination of your access to the Websites. We reserve the right, at our discretion, to change, add, or remove portions of these Terms of Service at any time. Please check back at this web page periodically for changes. Your continued use of CyberDefender following the posting of changes to these terms will mean you accept those changes.

Governing Law and Other Miscellaneous Terms

Software from this Site is further subject to United States export controls. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Unless expressly stated to the contrary elsewhere, all legal issues arising from or related to the use of the Websites shall be construed in accordance with, and all questions with respect thereto shall be determined by, the laws of the state of California applicable to contracts entered into and wholly to be performed within said state. Any controversy or claim arising out of or relating to these Terms of Service or your use of the Websites shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Los Angeles , California and judgment on the arbitration award may be entered into in any state or federal court in California having jurisdiction thereof. Any party seeking temporary or preliminary injunctive relief may do so in any state or federal court in California having jurisdiction thereof.

The state and federal courts of California shall be the exclusive forum and venue to resolve disputes arising out of or relating to these Terms of Service. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and CyberDefender relating to the subject matter herein and shall not be modified by you except in writing, signed by both parties. The Terms of Service will inure to the benefit of CyberDefender's successors, assigns and licensees.

No Resale/Exploitation

You understand and agree that you may not reproduce, copy, resell, manipulate, or exploit any part of the Site for any commercial purpose.

Non-United States Residents

CD makes no representation that the Site Materials, including merchandise offered for sale on the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States of America. Those who choose to access the Site from locations outside of the U.S.A. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.

Refunds

For CyberDefender downloaded software:

Within 30 days of purchase, if for any reason you are not completely satisfied with your CyberDefender software, simply call us at (888) 427-9359 toll-free to arrange for your refund.

For CyberDefender software shipped on CD, DVD or other media:

If you have purchased CyberDefender software, or software backup, on a CD, DVD or other media, and wish a refund for any reason, return the media to us within thirty (30) days of initial purchase. The media must be received by us in its original condition. Send it to:

CyberDefender Returns
350 Sonic Ave.
Livermore, CA 94551

Please use this address only for CD, DVD or other media returns.

Once we receive your media, we will process your credit within ten business days. Additionally, for credit card refunds, your banking institution may take up to two billing cycles to post the credit to your account. This is beyond our control. We suggest that if you do not see a credit on your account within 30 days, feel free to call us toll free at (888) 427-9359.

For CyberDefender LiveTech services:

We guarantee our work, but in the rare case where we cannot resolve the issue you initially purchased LiveTech services for within 10 (ten) business days, you may request a refund*. Simply call us at (888) 427-9359 toll-free. After 10 (ten) days from purchase, LiveTech services are non-refundable, however you may cancel future LiveTech service renewals by simply calling us at (888) 427-9359. If you have contracted for LiveTech services via a Payment Plan, you are responsible for the subsequent payments until the terms of your agreement have been satisfied.

*Terms and conditions for LiveTech refunds:

1) You must have allowed CyberDefender access to your computer as requested to perform diagnostics and problem mitigation. Our process is to escalate difficult cases through our technician expertise levels which may mean that you will need to have several diagnostic sessions to ultimately solve your computer problem.

2) You have followed recommendations prescribed by CyberDefender staff, or allowed CyberDefender staff to perform required operations, including; installation of appropriate software and required updates, adjusting of settings, the deletion of suspicious files.

For Identity Protection Services (IDPS):

Identity Protection Services are billed on a monthly basis. Should you wish to cancel your Subscription to IDPS you may do so at any time by calling us at (888) 427-9359. CyberDefender will discontinue billing you for ensuing months. Credit will not be given for current or previous month's billings.

All refunds will be made in the same manner as you purchased the product. If you purchased by check, CyberDefender will send you a check, so please be sure we have your mailing address. If you purchased by credit card, your credit card account will be credited. If you purchased by company purchase order, your account will be credited.

Copyright Notice

If you believe that any content appearing on the Site has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:

Your name, address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
The exact URL or a description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Copyright Agent

CyberDefender Corporation
617 West 7th Street
10th Floor
Los Angeles, CA 90017
Attn: Business Affairs
Fax: (213) 689-8639

By this filing, CyberDefender seeks to preserve any and all exemptions from liability that may be available under the copyright law. However, by such action, CyberDefender does not stipulate that it is a service provider as defined in 17 U.S.C. 512 (c) or elsewhere in the law.