These Terms of Service apply to:

Your purchase of licenses for CyberDefender's computer software products ("Software" and "Software Licenses"), which includes maintenance and technical support for the Software;
Your purchase of CyberDefender LiveTech (and CyberDefender LiveTech PRO, when available), which are CyberDefender's non-Software technical support services for your computer, including non-Software repair, maintenance, and technical support ("Services"); and
Your access to and use of CyberDefender's Websites, including: www.antispywarefordummies; www.cyberdefender.com; www.maxmyspeed.com; www.doublemyspeed.com; and www.mycleanpc.com (collectively, the "Websites").

Your use of CyberDefender's Software is subject to an end user license agreement, which is described below.

When you purchase Services and when you access the Websites: (a) you represent and warrant to CyberDefender that you have the legal capacity to agree to these Terms of Service; (b) you represent and warrant to CyberDefender that all information you provide to CyberDefender, including information relating to your payment for Software Licenses and Services, is correct; and (c) you acknowledge and agree to abide by the terms and conditions set forth in these Terms of Service. If you do not agree to these Terms of Service, you may not use the Services and you may not access the Websites.

If you do not comply with these Terms of Service, CyberDefender reserves the right in its sole discretion, for any reason and at any time, and without notice to you, to terminate your access to Services.

Payments for Purchases and Automatic Renewals

When you purchase Software Licenses and Services, you are entitled to use the Software and Services for the duration of the initial period you purchase, which is set forth in the documents and information relating to your purchase ("the Initial Subscription"). At the end of the Initial Subscription, CyberDefender automatically will renew your Software License for successive periods of the same duration as the Initial Subscription to ensure that you have the continuing protection provided by the software and there is no interruption in that protection. CyberDefender automatically renews licenses for the following products: CyberDefender Early Detection Center; CyberDefender Registry Cleaner; CyberDefender Identity Protection Service, CyberDefender Online Backup Service (when available) and CyberDefender LiveTech PRO (when available). CyberDefender does not automatically renew subscriptions for CyberDefender Live Tech. Please read carefully the following important information regarding automatic renewals:

CyberDefender automatically will renew your Software License for the products identified above, using the payment method you authorized for your purchase, at the then current renewal price. CyberDefender will notify you by email, sent to the email address you provided in connection with your purchase, prior to the renewal date, of the impending renewal, the renewal deadline and the renewal price. CyberDefender automatically will renew Software Licenses for successive renewal periods unless you cancel the automatic renewal service. You may cancel the automatic renewal service at any time prior to the first renewal date by telephoning CyberDefender at (888) 427-9359 toll free during normal business hours. Business hours are posted in the Support section on the CyberDefender website, which is cyberdefender.com.

All purchases of Software Licenses automatically will be charged or funds withdrawn by electronic transfer from your account, depending on which payment method you have authorized, on the initial date of purchase. Renewal payments are billed on or about the last day of the Initial Subscription and each anniversary thereafter until the Software License is terminated.

CyberDefender may, in its sole discretion, offer an extended payment plan ("Payment Plan") to certain customers for the purchase of Software Licenses and Services. Customers who elect Payment Plans are obligated contractually to make the installment payments required by the Payment Plan. Customers electing a Payment Plan make their first payment at the time the Software License is purchased or the Services are rendered, and subsequent payments are made thirty days following the date of the initial payment and every thirty days thereafter until the entire amount due under the Payment Plan has been paid. Subsequent payments may be charged automatically to the customer's credit card as provided or withdrawn by electronic transfer from the customer's account, depending on which payment method the customer has selected.

Software Licenses

CyberDefender offers Software Licenses pursuant to the terms of an End User License Agreement between you and CyberDefender (the "EULA"). Your use of and CyberDefender's obligations with respect to the Software are governed solely by the EULA and these Terms of Service. In the event of any conflict between these Terms of Service and the EULA, the terms of the EULA shall apply. The Software is the copyrighted work of CyberDefender and is licensed to you by CyberDefender pursuant to the EULA. CyberDefender retains full and complete title to the Software and to all intellectual property rights to the Software. As a result, you do not own the Software, and your limited rights to use the Software are set forth in the EULA.

You will be unable to install any Software unless you first agree to the terms and conditions of the EULA.

The Operation of the Software

Certain Software scans some or all your computer's system and data files, memory, registry, and email programs, and monitors programs that are operating, including Internet activity, for: (1) known, malicious, unwanted spyware, adware, malware, virus and other threats to your computer, programs, registry and information ("Threats"); and (2) for potential Threats ("Potential Threats"). Threats are deleted and CyberDefender then maintains a file in order to reverse the removal if appropriate. Potential Threats are sent to CyberDefender, where they are analyzed and, if appropriate, identified as Threats. The Software downloads to your computer Threat definition information to protect the computer from future infection by the Threats and Potential Threats. You will receive this information either directly from CyberDefender or by means of other customers' computers through the Argus Network, as described below.

Certain Software scans for software and registry entries that have been installed or added to your computer which: (1) may track your information and Internet activity for the purpose of generating advertisements; (2) may transmit information on your computer to other persons; (3) may impair the operation of your computer; or (4) may represent an unwanted communication with you ("Potentially Unwanted Software"). If the Software detects Potentially Unwanted Software, you will be asked whether you want the Potentially Unwanted Software removed and quarantined. However, by removing Potentially Unwanted Software: (1) other software on your computer that you want to operate may cease to operate properly; and (2) other software that you want to retain may be disabled or removed.

You acknowledge that the Software may not be able to detect all Potential Threats, Potentially Unwanted Software, and unnecessary and invalid registry entries on your computer.

Certain Software also diagnoses security problems and any speed and performance problems your computer may have, corrects speed and performance problems, and also determines whether a backup function is operational.

The Software will send to CyberDefender, at your discretion, only information relating to: (1) Threats, Potential Threats, and Potentially Unwanted Software; and (2) the IP address country location of your computer.

We also may collect (with your authorization) the following information about your computer:

Technical information about the basic configuration and operation of your computer, including operating system version, processor type, disk space, memory space, and number of drivers.
Information about CyberDefender Software on your computer, including the version and when it was installed and upgraded.
Certain events that occur on your computer, including when CyberDefender Software is installed, when CyberDefender Software receives threat updates, and when errors occur in CyberDefender Software.

This information is sent only to CyberDefender with your approval, and it is stored in an anonymous form that cannot be used to identify you. By way of explanation, CyberDefender knows, based on the information, that there is a customer with a certain kind of computer that is performing certain functions, CyberDefender does not know the customer's identity. In the event that it is necessary for CyberDefender to learn your identity in order to diagnose certain kinds of problems or to monitor your computer for certain events, you will be asked to authorize CyberDefender to collect the additional information. You can make your selection as to whether CyberDefender may collect this additional information before the software is installed or by using a control panel included in the software. You can change your selection concerning this feature by using the control panel.

We do not sell or otherwise provide any of this information to third parties and uses it only to improve our products and offer better service to our customers. The following are general descriptions of the information that we may collect with your authorization:

Technical information about the basic configuration of your computer, including operating system version, processor type, disk space, memory space and the number of drivers.
Information about CyberDefender software that is on your computer, including the version and when it was installed and when it was upgraded.
Certain events that occur on your computer, including when CyberDefender software receives threat updates and when errors occur in CyberDefender software.

For a complete list of the information we may collect, click here.

CyberDefender's Early Detection Center software ("EDC") diagnoses your computer for, among other problems, viruses and spyware. CyberDefender continues to update EDC to ensure that EDC does not misidentify threats. However, it is possible that EDC could misidentify legitimate data on your computer as a threat and, in removing it, could cause serious damage to your computer. In addition, EDC may include among the results for tracking cookie objects a cookie used by one or more of our web sites on which you reviewed or downloaded a CyberDefender software product. You agree that CyberDefender's liability is limited as set forth in the sections in these Terms of Service entitled "Disclaimers of Warranties" and "Limitation of Liability."

CyberDefender's Registry Cleaner is designed to identify, among other problems, erroneous and unnecessary entries in your Windows© registry, invalid data references, and duplicate and junk files. CyberDefender continues to update Registry Cleaner to attempt to ensure that Registry Cleaner does not misidentify legitimate registry entries. However, it is possible that Registry Cleaner could misidentify legitimate registry entries on your computer as errors and, in removing them, could cause serious damage to your computer. Specifically, the erroneous and unnecessary entries detected by Registry Cleaner likely will include some registry errors which are generated by Windows® operating systems as a result of routine operations including, for example, the downloading and installation of Windows® updates. In most instances, Registry Clean will detect some registry errors which would appear on a “clean” PC which was never connected to the Internet and which had no programs installed except the Windows® operating system. In most instances, Registry Cleaner will detect a small number of registry errors which will reappear after they have been removed even if no additional programs or program updates are installed on the computer. After the registry errors have been removed, RC will not report any registry errors for a period of twenty-four (24) hours. You agree that CyberDefender's liability is limited as set forth in the sections in these Terms of Service entitled "Disclaimers of Warranties" and "Limitation of Liability."

If you believe that CyberDefender's software may be misidentifying legitimate data, please contact us online by: visiting cyberdefender.com and clicking on "Company" and then "Contact Us"; telephone at 888-427-9359; or email at privacy@cyberdefender.com.

In order to provide maximum protection and optimization for your computer, Registry Cleaner, EDC and PC Checkup are designed to detect as many potential problems as possible. The erroneous and unnecessary registry entries identified by Registry Cleaner are common on all computers, including new computers. You acknowledge that, although a very large number of these registry entries may slow the performance of your computer, a modest number does not indicate a performance problem. It is not unusual for registry entries to re-appear after removal and for additional registry entries to appear on your computer after the operation of the Software. You acknowledge that the re-appearance of registry entries that have been removed and the appearance of new registry entries is possible. In addition to identifying viruses and spyware, EDC and PC Checkup identify certain browser cookies on your computer as "low risk" security threats. You acknowledge that these low risk cookies are minor threats and do not indicate that malicious software is operating on your computer. You also acknowledge that, depending upon the settings on and operation of your computer, additional cookies may appear on your computer after the operation of the Software.

There are some viruses and spyware that cannot be removed by the Software and that require the assistance of a LiveTech technical support agent. You acknowledge that the Software may not remove all viruses and spyware and that a LiveTech support subscription may be required to address your computer problem.

CyberDefender's Online Backup is an online backup and storage service. Numerous events which are beyond CyberDefender's control, including but not limited to telecommunications network disruptions, may interfere with the operation of Online Backup. Accordingly, you acknowledge that CyberDefender does not guarantee continuous, uninterrupted or secure access to Online Backup, and that CyberDefender does not guarantee the accuracy, timeliness or completeness of information that you choose to backup and store using Online Backup. In addition, Online Backup is designed to identify the information you have selected to store and to upload the information for storage. However, it is your responsibility to confirm that Online Backup is properly identifying and storing the information you select for storage by following the instructions in the documentation accompanying your Software purchase or contacting CyberDefender's Customer Support for assistance. If you do not do so, it is possible that some or all of the information you selected for storage will not be uploaded and stored.

DOUBLEMYSPEED is designed to improve the performance of slow PCs, including PCs with slow Internet access or slow operating systems. It may not increase the performance of new or recently purchased PCs. DOUBLEMYSPEED does not increase the processor speed of your PC, and it does not modify any of your PC hardware. An independent test has confirmed that the purchase and use of our products and services, including DOUBLEMYSPEED, may result in increased speed for Internet connections, downloads and the use of applications. However, the term “DOUBLEMYSPEED” is not a claim, representation or warranty that the speed of your PC will increase 100%, even after purchasing other products and services that we offer. Increasing the performance of your PC may require the purchase, together with DOUBLEMYSPEED, of one or more of our other products, including Early Detection Center, Registry Cleaner, Online Backup and LiveTech. The condition of your PC and other circumstances may be such that we will not be able to remedy the problems with your PC.

The Argus Network

The Argus Network ("Argus") is a managed client-to-client network designed to improve the delivery of the Software, updates, and Threat definition information. CyberDefender uses its computers and your and other customers' computers to deliver the software, updates, and Threat definition information. Argus is active – and CyberDefender uses your and other customers' computers – only when the Software is delivering updates or Threat definition information. CyberDefender monitors the use of customers' computers to ensure that transmission of information is successful and to ensure the integrity of the Software and the content of the transmissions. You may, at your option, disable the real-time reporting and updating functions of the Software but, in doing so, you will prevent the transmission of updates and Threat definition information to other customers through Argus. CyberDefender does not recommend that you do so.

By agreeing to the EULA and these Terms of Service, you agree to the operation of the software as described above, including the use of your computer to transmit to CyberDefender and other customers software, updates, and information relating to Threats, Potential Threats and Potentially Unwanted Software. You also agree that there can be no guarantee that the Software will detect all Threats, Potential Threats, and potentially Unwanted Software.

Services

CyberDefender will use commercially reasonable efforts to assist you, and to repair your computer if required, in return for payments that are described to you telephonically or are set forth on the Websites.

CyberDefender's LiveTech does not support the following:

Standalone devices such as console gaming systems and audio/visual equipment;
Mobile devices such as telephones and music players, except that CyberDefender can assist with respect to problems relating to the connectivity of those devices to your computer;
Software that contains proprietary or confidential information, or information as to which access is regulated by law; and
Hardware; except that CyberDefender can diagnose possible hardware failure.

In order diagnose and resolve technology problems with your computer, CyberDefender technicians must access your computer. Requesting technical support from our technicians constitutes your agreement that our technicians may provide the following Services:

Connect to, temporarily remotely control your computer, and temporarily modify your computer settings for purposes of providing assistance and repair if required;
Download certain software to your computer and use the software;
Gather, transfer to servers, examine and analyze information on your computer;
Repair your computer if required; and
Provide advice on the use of your computer.

We use software that: (a) provides non-personal computer system information, including information about your computer's performance and configuration, to us so that we can diagnose the problem; (b) allows us temporarily to control your computer remotely and change your computer's settings so that we can work on resolving your problem; and (c) consists of utilities and tools to improve your computer's performance. By purchasing CyberDefender's technical support services, you are giving us express permission to download and use the software on your computer.

We use the software and the information it provides solely to attempt to diagnose and resolve existing and potential problems, and we use reasonable efforts to limit the software's access to personal information on your computer. However, you agree that, while providing Services, we may gain access to personal information on your computer, and you agree that CyberDefender has no liability for doing so.

Requesting Services also constitutes your agreement that:

You are imposing no limitations upon CyberDefender's ability to gather, examine and analyze the information on your computer;
CyberDefender may monitor and record information from your computer in connection with providing Services, and you agree that CyberDefender may use the information in accordance with CyberDefender's Privacy Policy, which is available at www.cyberdefender.com/privacy_policy.html.
CyberDefender may, but is obligated to, monitor and record communications we have with you in connection with your purchases and our providing services to you, including monitoring and recording telephone conversations we have with you and monitoring and recording online sessions we conduct with you, and you agree that CyberDefender may use the information in accordance with CyberDefender's Privacy Policy, which is available at www.cyberdefender.com/privacy_policy.html.
CyberDefender does not provide data backup and does not restore data, and that, in accordance with the Section below entitled "Limitations of Liability," CyberDefender has no liability for any loss of or damage to information on your computer in connection with providing Services;
CyberDefender's warranties and liability in connection with providing Services are strictly limited as set forth in these Terms of Service in the Sections entitled "Disclaimers of Warranties" and "Limitation of Liability";
CyberDefender reserves the right in its sole and absolute discretion, at any time, and without notice to you, to disclose to third parties, including law enforcement authorities, any information on your computer that CyberDefender deems appropriate to: (a) comply with any applicable law or regulation, legal process, or governmental request; or (b) prevent possible harm or injury to any person or damage to any property.
You understand and agree that CyberDefender's services may not be successful because the problem with your computer may be beyond CyberDefender's ability to resolve remotely.

With respect to LiveTech services, you also acknowledge and agree to the following. In order to use LiveTech services, you must have up-to-date and operational antivirus software installed on your device, and CyberDefender, in its sole discretion, must determine that your device is virus-free.

You acknowledge and agree that, because of circumstances that are not within CyberDefender’s control, there may be lengthy delays in CyberDefender’s ability to provide LiveTech services or LiveTech services may not be available to you at all. The circumstances include, but are not limited to, the following: the performance of maintenance on CyberDefender’s systems; Internet service disruptions; vandalism; sabotage; the outbreak of a new computer virus; strikes; riots; wars; other military actions; civil disorders or unrest; acts of terrorism; fires; floods, earthquakes; acts of third parties; and acts of God. You acknowledge and agree that CyberDefender has no liability to you or to any third party for any direct or indirect, special or consequential damages resulting from such delays or the unavailability of LiveTech services.

You also acknowledge and agree that CyberDefender has no obligation to provide LiveTech services in connection with any of the following: devices that have been altered, damaged or modified; devices with configurations that are beyond our control; software that is incompatible with your computer; problems resulting from external causes including accidents, abuse, misuse or problems with electrical power; problems resulting from usage that is not in accordance with the manufacturer’s instructions; problems resulting from failure to perform maintenance suggested by the manufacturer; problems resulting from the use of accessories, parts or components that are not compatible with the device; and problems resulting from negligence or malfunction beyond the reasonable control of CyberDefender.

We make reasonable efforts to address your computer problems in a timely manner, but there may be delays. You acknowledge and agree that delays may result from: (1) high levels of demands and our technicians’ abilities to make return calls to you; (2) the need to “escalate” your computer problem to one or more technicians with additional expertise; and (3) our inability to reach you by telephone.

Finally, you acknowledge and agree that CyberDefender, in its sole discretion, may terminate your LiveTech subscription if we determine that LiveTech services are being used: fraudulently; maliciously; by any person other than you; for any computer or other device that is not covered by your subscription; in an otherwise unreasonable manner; or in excess of three occasions during any ninety-day period. If we terminate your subscription, we will refund a pro rata portion of your subscription purchase price.

Compliance with Intellectual Property Laws

Your use of our Software and Services constitutes your agreement to comply with all applicable intellectual property laws, including copyright laws. You agree not to upload, download, display, perform, transmit or otherwise distribute any information in any format ("Content") in violation of any person's or entity's copyrights, trademarks, or other intellectual or proprietary rights. You also agree that you solely are responsible for any violation of any intellectual property law or any infringement of any person's or entity's intellectual property rights caused by any Content that you use or transmit by means of our Software, Services, networks, systems or servers, or that is used or transmitted by another person by means of our networks, systems or servers using the Software or Services you have licensed or purchased from CyberDefender. You acknowledge that CyberDefender's policy generally is to cooperate in connection with investigations and litigation involving claims of infringement of intellectual property laws.

Inappropriate Content

You agree not to upload, download, display, perform, transmit or otherwise distribute any Content that is: (1) libelous, defamatory, obscene, pornographic, abusive, or threatening; (2) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise constitute a violation of applicable law, or (3) advertises or otherwise solicits funds or is a solicitation for the purchase or sale of goods or services. CyberDefender reserves the rights to: (1) terminate your ability to upload, download, display, perform, transmit or otherwise distribute such Content; (2) terminate your Software license and your subscription for Services; and (3) delete any such Content from CyberDefender's servers. You acknowledge that CyberDefender's policy generally is to cooperate in connection with investigations and litigation involving claims that uploading, downloading, displaying, performing, transmitting or other distribution of any Content violates applicable law.

Prohibited Uses

Your use of our Software or Services constitutes your agreement that you will not attempt to: (1) breach or circumvent any security feature of the Software or Services or our networks, systems and servers; (2) breach or circumvent any authentication feature of the Software or Services or our networks, systems and servers; (3) access any information or data that is not intended for your use; (4) access any server or other account that you are not authorized to access; (5) attempt to probe, scan, examine, or test the vulnerability of any Software or Services; (6) interfere or attempt to interfere with any of our Software or Services or our networks, systems or servers, including, but not limited to, by means of viruses or other malware, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (7) use our Software or Services or our networks, systems and servers to send unsolicited electronic communications including, but not limited to, promotions or advertisements for goods or services; (8) forge any TCP/IP packet header or any part of the packet header in any electronic communication using our Software or Services or our networks, systems or servers; (9) attempt to modify, reverse-engineer, decompile, disassemble or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by CyberDefender in the Software or in connection with providing Services. You acknowledge that CyberDefender reserves all of its rights in connection preventing and seeking legal remedies for prohibited uses.

The Websites

Content

By accessing and using the Websites, you acknowledge and agree that the Websites contain information, software, photos, video, text, graphics, music, sounds, and other data including, but not limited to, developer tools, download areas, community forums, chat rooms, blogs, sharing sites and product and service information (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 CyberDefender owns a copyright in the selection, coordination, arrangement and enhancement of the Content. The CyberDefender name and logo are trademarks of CyberDefender. All other trademarks appearing on the Websites are trademarks of their respective owners. CyberDefender's partners also may 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 of, create derivative works, or in any way exploit the Content, in whole or in part. Modification of the Content or use of the Content for any other purpose, including use of the Content on any other Website or networked computer environment, is strictly prohibited.

Use of the Websites

CyberDefender grants you a non-exclusive, non-transferable, limited right to use the Websites and the Content for your personal use only, provided that you comply fully with these Terms of Services. By using the Websites, you agree not to interfere or attempt to interfere with the operation of the Websites 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 these Terms of Service. Your use of the Websites is governed by all applicable federal, state and local laws. All Content is subject to U.S. export control laws and also may be subject to the laws of the country where you reside. CyberDefender makes no representation that the Content is appropriate or available for use in countries other than the United States, and access to the Websites from countries where the Content is illegal is prohibited. Those who choose to access the Websites from other countries do so on their own initiative and at their own risk, and are responsible for complying with applicable local laws.

Modifications to the Websites

CyberDefender reserves the right in its sole discretion to modify, suspend, or discontinue the Websites at any time without notice to you. For example, CyberDefender may make changes to the products and prices described in them at any time and without notice. Information published on Websites may refer to products, programs, or services that are not available in your country.

Links to Other Websites

You acknowledge and agree that any linked websites are not under the control of CyberDefender and CyberDefender is not responsible for the content of any linked site or any link contained in a linked web site. CyberDefender in its sole discretion and at any time reserves the right to terminate any link or linking program at any time. CyberDefender does not endorse companies or products to which it links. If you decide to use any of the third party sites linked to this Website, you do so solely at your own risk.

CyberDefender Identity Protection Services

The CyberDefender Identity Protection Services ("IDPS") are offered by CyberDefender but are provided by MyPublicInfo, Inc., as a third party service provider. The third party service provider is the only party responsible for providing to customers services related to the IDPS. By purchasing the IDPS, you acknowledge and agree that CyberDefender has no liability whatsoever to you for any claims you may have arising out of or in connection with your purchase or use of IDPS.

Privacy Policy

Your acknowledgement and agreement to abide by the terms of these Terms of Service includes your acknowledgement and agreement that CyberDefender may: (1) gather information about you as set forth in the CyberDefender's Privacy Policy; (2) use the information as set forth in the Privacy Policy; and (3) disclose the information as set forth in the Privacy Policy. You can view the Privacy Policy at www.cyberdefender.com/privacy_policy.html.

User Submissions

Certain portions of the Websites (e.g., customer support, contest submissions, polling questions, and registrations) may permit users to submit opinions, evaluations, suggestions, ideas, and other information (collectively, "User Submissions"). By submitting a User Submission, you grant to CyberDefender an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to: (1) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submission (or any modification thereto), in whole or in part, in any format or medium now known or later developed; and (2) use and permit others to use your User Submission in any manner and for any purpose, including, without limitation, commercial purposes, that CyberDefender deems appropriate in its sole discretion (including, without limitation, the incorporation of your User Submission, in whole or in part, into any technology, product, or service.

CyberDefender reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes.

CyberDefender reserves the right in its sole and absolute discretion, at any time, and without notice to you to disclose to third parties, including law enforcement authorities, any information included in User Submissions that CyberDefender deems appropriate to: (1) comply with any applicable law or regulation, legal process, or governmental request; or (2) prevent possible harm or injury to any person or damage to any property. CyberDefender also reserves the right in its sole discretion and at any time to edit, refuse to post or to remove any User Submission or any part of any User Submission.

Disclaimers of Warranties

PLEASE NOTE THE FOLLOWING IMPORTANT DISCLAIMERS OF WARRANTIES BY CYBERDEFENDER.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE, SERVICES AND 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 WARRANTY OF MERCHANTABILITY, AND THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITATION, CYBERDEFENDER MAKES NO WARRANTY THAT: (1) THE SOFTWARE, SERVICES AND WEBSITES WILL MEET YOUR EXPECTATIONS OR SATISFY YOUR REQUIREMENTS; (2) THEY WILL BE ERROR-FREE; OR (3) THE RESULTS; (3) THE OPERATION OF THE SOFTWARE, SERVICES AND WEB SITES WILL BE SECURE OR UNINTERRUPTED; OR (4) THE RESULTS OBTAINED FROM THE USE OF THE SOFTWARE, SERVICES AND WEBSITES WILL BE ACCURATE OR RELIABLE.

Limitation of Liability

YOUR USE OF THE SOFTWARE, SERVICES AND WEBSITES IS AT YOUR SOLE RISK AND YOU ARE SOLELY RESPONSIBLE FOR: (1) ANY DAMAGE TO YOUR COMPUTER SYSTEM; AND (2) ANY LOSS OF OR DAMAGE TO DATA OR INFORMATION THAT RESULTS FROM YOUR USE OF THE SOFTWARE, SERVICES AND WEBSITES.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CYBERDEFENDER IN NO EVENT WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, COVER, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, THE COST OF PROCUREMENT OF SUBSTITUTE SOFTWARE OR TECHNICAL SUPPORT AND DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR IN CONNECTION WITH THE EULA, OR YOUR USE OR YOUR INABILITY TO USE THE SOFTWARE, SERVICES AND WEBSITES. CYBERDEFENDER'S TOTAL, CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS, CAUSES OF ACTION, LOSSES AND DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, OR OTHERWISE, IN NO EVENT WILL EXCEED THE AMOUNT PAID BY YOU, IF ANY, SOLELY FOR THE SOFTWARE AND TECHNICAL SUPPORT. THESE LIMITATIONS ON CYBERDEFENDER'S LIABILITY APPLY WHETHER OR NOT CYBERDEFENDER HAS BEEN ADVISED OR KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF ANY SUCH CLAIMS, CAUSES OF ACTION, LOSSES AND DAMAGES.

Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CYBERDEFENDER AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM LIABILITY FOR ANY AND ALL THIRD PARTY CLAIMS, CAUSES OF ACTION, LOSSES, DAMAGES AND COSTS AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES, ARISING OUT OF OR IN CONNECTION WITH: (1) YOUR PURCHASE OF SOFTWARE OR SERVICES; (2) YOUR USE OF THE WEBSITES; (3) YOUR FAILURE TO COMPLY WITH THESE TERMS OF SERVICE; OR (4) YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USER OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHTS OF ANY PERSON. YOU AGREE TO NOTIFY CYBERDEFENDER IMMEDIATELY OF ANY UNAUTHORIZED USE OF YOUR ACCOUNT OR ANY OTHER BREACH OF SECURITY KNOWN TO YOU.

Governing Law and Other Provisions

CyberDefender's Software and Services are subject to United States export controls. Products and services may not be provided or exported or re-exported to: (1) to nationals or residents of Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country as to which the U.S. has embargoed goods; or (2) to any person included in the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By purchasing licenses, products or services, or by using the Websites, 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, these Terms of Service shall be construed in accordance with the laws of the State of California, exclusive of conflicts of laws provisions. Any claim arising out of or in connection with your purchase of Software Licenses, Services, or your use of the Websites, shall be filed in either the courts of the State of California or the United States courts located in the City of Los Angeles, which shall be the exclusive forum and venue to resolve disputes arising out of or in connection with your purchase of Software or Services, or your use of the Websites. If any provision of these Terms of Service judicially is determined to be unlawful, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. These Terms of Service will inure to the benefit of CyberDefender's successors and assigns.

Refunds

For CyberDefender Downloaded Software

Within thirty (30) days of purchase, if for any reason you are not completely satisfied with your Software, simply call us toll free at (888) 427-9359 to arrange your refund. We will process your credit within ten business days or sooner. For credit and debit card refunds, your bank may take up to two billing cycles to post the credit to your account. If you have any questions, please telephone us toll free at (888) 427-9359.

For CyberDefender Software Shipped on CD, DVD or Other Media

We guarantee our work but, in the event we cannot resolve the matter for which you purchased CyberDefender LiveTech (or CyberDefender LiveTech PRO, when available) services within ten (10) business days, you may request a refund. Please telephone us toll free at (888) 427-9359. Beginning ten days after purchase, LiveTech services are non-refundable. CyberDefender does not automatically renew LiveTech services and, if you have elected to pay for LiveTech services by means of a Payment Plan, you are responsible for the subsequent payments until the terms of your agreement have been satisfied.

In order to qualify for a LiveTech refund:

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

A LiveTech refund: may be pro-rated depending upon the operations we completed; will not be granted if we determine in our sole discretion that, due to the condition or your computer or the nature of your computer problem, our reasonable efforts could not resolve the problem; and will not be granted if you simply change your mind and decide that you do not want to purchase LiveTech.

For IDPS

IDPS is billed on a monthly basis. If you want to cancel your subscription to IDPS, you may do so at any time by telephoning us toll free 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 your purchase.

Digital Millennium Copyright Act

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the Copyright Agent named below. CyberDefender will investigate claims of copyright infringement and will suspend or terminate the rights of any licensee or subscriber who is determined to have infringed the copyrights of any other person or entity. If you have knowledge or evidence or in good faith believe that your or another person's or entity's copyrights are being violated, and you want CyberDefender to delete, edit or disable the infringing information, you must provide us with the following information:

Your name, address, telephone number, and email address;
An identification 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 applicable 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.

Notice to California Users

Under California Civil Code Section 1789.3, California users of our Web sites are entitled to the following specific consumer rights notice: The headquarters of CyberDefender Corporation currently is 617 West 7th Street, Suite 1000, Los Angeles, California 90017. Our telephone numbers are (213) 689-8631 and (888) 427-9359. The charges for our products and services appear on our Web sites. If you have a complaint regarding our products or services or you want to request a copy of our Terms and Conditions, please contact CyberDefender by writing to the address above, or by emailing customerservice@cyberdefender.com, or by calling (888) 427-9359. The Consumer Information Center of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95384, or by telephone at (916) 445-1254 or (800) 952-5210.

Copyright Agent

CyberDefender Corporation
617 West 7th Street
Suite 1000
Los Angeles, CA 90017
Attn: Business Affairs
Fax: (213) 689-8639

Modifications to the Terms of Service

CyberDefender may, in its sole and absolute discretion and at any time, modify these Terms of Service. Modifications will be posted on the appropriate Websites. You acknowledge and agree that, if you object to any modifications, your sole recourse shall be to cease using the Websites. Continued use of the Websites following notice of any modifications constitutes your acknowledgement of the modifications and your agreement to be bound by the modifications. Certain provisions of the Terms of Service may be superseded by expressly-designated legal notices or terms located on particular pages of the Websites and, in such circumstances, the expressly-designated legal notice or term shall be deemed to be incorporated into the Terms of Service and to supersede the provision(s) of the Terms of Service that are designated as being superseded.

CyberDefender Corporation Terms of Service