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Last update: June 17, 2009

This is the CyberDefender.com 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 referred to as the "Website". When using the Website 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.

CyberDefender Identity Protection Suite

As to the CyberDefender Identity Protection Suite, CyberDefender is a reseller of services and 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.

General Terms of Service

The Websites are brought to you by CyberDefender Corporation, A California 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 Website. CyberDefender may discontinue or alter any aspect of the Website, including, but not limited to, (a) restricting the time the Website is available, (b) restricting the amount of use permitted, and (c) restricting or terminating any user's right to use the Website, at CyberDefender's sole discretion and without prior notice or liability.

Payment and Services

Upgrades and 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 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). Payments are billed in advance at the beginning of anniversary month for the applicable year or on or about the respective anniversary date. The term of the Plan shall be for the twelve (12) month period beginning from the date of purchase of the Software or services unless additional discounted years were selected in the original purchase. This excludes monthly billable services which are charged only once per month. If not earlier cancelled, the Plan shall be renewed automatically for successive periods of one (1) year, unless either party provides written notice of its intention not to renew not less than sixty (60) days prior to the end of the then current term. 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.

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

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 Website are trademarks of their respective owners. CyberDefender's partners may also have additional proprietary rights in the content that they make available through the Website. 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.

CD's 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 support products such as CyberDefenderULTIMATE, CyberDefenderCOMPLETE or any other support products are serviced by Qresolve (Quatrro). Qresolve provides all paid technical support services for CyberDefender customers and handles all direct communications." Also - update the date of the Terms of Service to current date.

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 CALIFORNIA 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 Website, and remove and discard any Content within the Website, 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 Website. 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 Website 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 Website 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 and Exchanges

If you have experienced any issues or problems with any CyberDefender product or services, before you request a refund we ask that you contact our Customer Services team who will promptly assist you with correcting any problems you may be experiencing. To contact Customer Service please call 866-793-0454 or send an email to support@cyberdefender.comi.

Obtaining a Refund for Your purchase

To obtain a refund on a product that was delivered to you by online download, you must adhere to the following guidelines: Your right to obtain a refund for downloaded software lasts only for a limited time. In order to obtain your refund you must adhere to the following guidelines and initiate the refund request within 30 days from the date of purchase in accordance with our policy below. CyberDefender will also provide a refund outside the 30 day period where it is required by law to do so.

All requests for refunds must be made in writing to CyberDefender within 30 days of the date CyberDefender first made the software available to you for download (the "Purchase Date"). CyberDefender will also provide you with a refund where it is required to do so by law. CyberDefender is not responsible for lost or misdirected mail, delays for downloading, or other communication system delays. If a CD version of the software was purchased, the CD must be returned to CyberDefender in its original resalable condition, including any packaging, documentation, manuals, and accessories. CDs that are not returned in original condition will be charged a restocking fee.

You must provide us with sufficient information to be able to identify your transaction, such as the CyberDefender order number and/or invoice number and/or date of transaction given to you when the download was ordered.
CyberDefender will only refund the amount you paid for the software plus any appropriate taxes charged with that order. CyberDefender will not refund any shipping or handling charges that may have been charged to you in respect of your return of your CD to CyberDefender.

Refunds will be made in the same manner as you purchased the product. For example, if you purchased the product by check, CyberDefender will send your refund by check, so please ensure we have your current mailing address. If you purchased by credit card, your credit card account will be credited. All refunds will be made within 10 working days of the receipt of a valid request when possible. Please remember that if you paid by credit card, you may not see the refund reflected on your account until your next billing statement.

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
Suite 401
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.

Effective Date: November 1, 2005
© 2009 CyberDefender Corporation, All Rights Reserved.