Terms of Use

PC Shield AV - Terms of Use

THESE TERMS AND CONDITIONS ("TERMS AND CONDITIONS") STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF PC Shield AV COMPUTER SUPPORT SERVICE AND YOUR RELATIONSHIP WITH PC Shield AV. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION AND INSTRUCTIONS PERTAINING TO YOUR AND OUR RIGHTS AND OBLIGATIONS FOR THE PC Shield AV SERVICE.

"AGREEMENT"


THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, THE ACCEPTABLE USE POLICY ("AUP") AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND PC Shield AV (THE "AGREEMENT"). You must agree to the Terms and Conditions in order to be eligible to use the PC Shield AV Portal (defined below), or obtain Services (defined below). If you choose not to submit a plan order, then the entire "Agreement" between you and PC Shield AV consists of these Terms and Conditions, the Acceptable Use Policy (AUP" and the Privacy Policy). THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY YOU, THE ACCEPTABLE USE POLICY ("AUP") AND THE PRIVACY POLICY, STATE THE ENTIRE AGREEMENT BETWEEN YOU AND PC Shield AV (THE "AGREEMENT"). You must agree to the Terms and Conditions in order to be eligible to use the PC Shield AV Portal (defined below), or obtain Services (defined below). If you choose not to submit a plan order, then the entire "Agreement" between you and PC Shield AV consists of these Terms and Conditions, the Acceptable Use Policy (AUP" and the Privacy Policy).

DEFINITIONS

Certain terms defined in these Terms and Conditions are also used in the Privacy Policy and AUP and are incorporated by reference to these Terms and Conditions.

YOU

"You" means you individually, any person, including any employer that you are acting on behalf of.

"SERVICES" AND "PC Shield AV PORTAL"

All references to "Services" refer to any PC Shield AV service plan that you enter into with PC Shield AV through use of the PC Shield AV web portal located at www.pcshieldav.com (the "PC Shield AV Portal"). These Terms and Conditions govern all plans available through the PC Shield AV Portal, and any use of the PC Shield AV Portal. In the event of any conflict these Terms and Conditions control any plan order form that you submit requesting Services ("Plan Order").

"MATERIALS"

"Materials" means any web casts, download areas, white papers, press releases, datasheets, FAQs, product information, quick reference guides, or other works of any kind that are made available to download from the PC Shield AV Portal said materials are the proprietary and copyrighted work of PC Shield AV and/or its suppliers. The definition of "Materials" does not include the design or layout of the pcshiedav.com web site or any other PC Shield AV owned, operated, licensed or controlled site.

"SOFTWARE"

"Software" means a computer program of any kind, whether owned by PC Shield AV or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws.

SUBMISSION OF PLAN ORDERS SERVICE PLANS

"Software" means a computer program of any kind, whether owned by PC Shield AV or a third party, whether delivered via download, CD, other media, or other delivery method, including client and/or network security software. Elements of the Software are protected under copyright, trade secret, unfair competition, and other laws.

SUBMISSION OF PLAN ORDERS SERVICE PLANS

You may order Services by submitting Plan Orders through the PC Shield AV Portal. Once PC Shield AV accepts the Plan Order submitted by you, you would receive an email from PC Shield AV at the email address that you provide or have provided to PC Shield AV as part of the Registration Process for the Services. PC Shield AV is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by PC Shield AV of a Plan Order, you will rightly possess a Service Plan.

UNDERTAKING

Subject to the Terms and Conditions, and the specifics of each Service Plan, PC Shield AV will address your query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, PC Shield AV will attempt problem diagnosis and a solution over the telephone, through chat or email, or other means as it deems most appropriate under the circumstances. All actions rendered within Service Plans are subject to PC Shield AV 's Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1 800 627 0261.

PAYMENT

Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. PC Shield AV has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been so made.

MONEY BACK POLICY

PC Shield AV services are delivered on a state-of-the-art integrated delivery platform that allows us to support your computer(s) remotely. If for any reason you are not wholly satisfied with the Service, PC Shield AV will make every effort to resolve the issue. If you remain dissatisfied, PC Shield AV offers a money back policy as follows: For our annual (including multi-year) subscription-based plans, the Money-Back Guarantee is valid for a period of 30 days from time of purchase.
For our incidental (one-time-use) plans, the Money-Back Guarantee is valid for 7 days, beginning at the time of the Incident.
This Money Back policy does not apply for any PC Shield AV Trial Offer.

PRIVACY POLICY


The PC Shield AV Privacy Policy, which is an integral part of these Terms and Conditions, is incorporated here by reference. If you have not yet reviewed the PC Shield AV Privacy Policy, then please do so prior to agreeing to these Terms and Conditions. You agree that beyond the Personally Identifiable Information (PII) referenced in PC Shield AV 's Privacy Policy, any information or data disclosed or sent to PC Shield AV over the telephone, electronically or otherwise, is not confidential or proprietary to you.

ACCEPTABLE USE POLICY (AUP)


The PC Shield AV Acceptable Use Policy is an integral part of these Terms and Conditions and is incorporated here by reference. If you have not yet reviewed the PC Shield AV AUP, then please do so prior to agreeing to these Terms and Conditions. You agree that your use of the PC Shield AV Portal, the Services, and/or any Materials will conform to and be governed by the AUP specifically, as well as these Terms and Conditions and the Privacy Policy generally.

GUESTS: LIMITED LICENSE TO USE OF PC Shield AV PORTAL


Services against any Plan Order will be available once you have made payment for Services according to the requirements of the corresponding Plan Order. PC Shield AV has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been so made. As a Guest you may use the PC Shield AV Portal and Materials (defined below) specifically designated as available to guests on the PC Shield AV Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by PC Shield AV , (b) registering with PC Shield AV and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.

COMMUNICATIONS SERVICES

PC Shield AV may provide you with the use of e-mail services, addresses, bulletin board services, instant messaging services, chat areas, news groups, forums, communities, personal web pages, calendars, file cabinets and/or other message or communication facilities designed to enable you to communicate with PC Shield AV 's employees and others as appropriate to your Service under a Plan Order (each a "Communication Service" and collectively "Communication Services"). Communications Services shall only be used under an accepted Plan Order, and not for any other purpose.

LIMITED LICENSES TO USE THE PC Shield AV PORTAL, MATERIALS AND SOFTWARE

As permitted through a Service, you may use Materials and Software (as defined below) posted on the PC Shield AV Portal, or made available in connection with a Plan Order which may be available for additional purposes and or subject to additional restrictions.

GENERAL LICENSE RESTRICTIONS

Any other use of the PC Shield AV Portal, Services, Materials or Software, other than as explicitly permitted by PC Shield AV is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to PC Shield AV and its suppliers. Reverse engineering and decompilation of the Software is strictly prohibited.

USER RESPONSIBILITY

In connection with obtaining Services, you agree that you will: Cooperate with the PC Shield AV Engineer: We will use commercially reasonable efforts to provide the support Service to you. PC Shield AV 's experience shows that most issues can be corrected as a result of close cooperation between you and the engineer. Please listen carefully to the engineer and follow the engineer's instructions. You must confirm that the following conditions are true:
The situation giving rise to the question is reproducible on a single system, i.e., one central processing unit with its workstations and other peripherals;
You must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
The full system, including software and hardware, is available to you and accessible by you without limit during any telephone discussions with PC Shield AV support personnel.
Software/Data Backup: You understand and agree that PC Shield AV shall under no circumstance be responsible for any lost or corrupted software or data. PC Shield AV strongly recommends that you at all times maintain a complete data backup and disaster recovery plan
Account, Password, and Security: For you to submit a Plan Order, you must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. You may also be directed to choose a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You agree to notify PC Shield AV immediately of any unauthorized use of your account or any other breach of security. PC Shield AV will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by PC Shield AV or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJUERE CIRCUMSTANCES

You hereby acknowledge that circumstances outside of PC Shield AV 's reasonable control (e.g., acts of God, a large scale outbreak of a new computer virus, strikes, riots, wars, other military action, civil disorder, acts of terrorism, fires, floods, vandalism, sabotage, acts of third parties, or the like) may cause significant delays in PC Shield AV 's ability to schedule a support session. You hereby release PC Shield AV from any and all liability, and agree that PC Shield AV shall not be liable to you or any third party for any direct or indirect damages whatsoever, resulting from such delays. PC Shield AV or its suppliers may, at any time, without notice or liability, restrict the use of the Service or limit its time of availability in order to perform maintenance activities and to maintain session control.

EXCLUSIONS FROM "SERVICES"

"Services" shall not include the following:
any item or activity not covered by the terms of a Plan Order;
service beyond the duration limitations identified in your Plan Order;
problem diagnosis and support that may not be completed because of a problem with your computer or other equipment, or their configuration that is beyond our control;
Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan; Problems that may and do result from:
External causes such as accident, abuse, misuse, or problems with electrical power;
Usage that is not in accordance with product instructions provided by manufacture;
Failure to follow the product instructions provided by manufacturer or failure to perform preventive maintenance; Problems caused by using accessories, parts, or components not compatible with the product: or
Non-Compliance with the PC Shield AV engineer instructions for resolving the query.

NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE PC Shield AV PORTAL, OR THROUGH A SERVICE

For your convenience, PC Shield AV may make available Materials or Software (as each term is defined below) for use and/or download, whether as a part of a Service, or in promotion of the Services. Use of any Materials and any Software is governed by the more stringent of (a) the terms of the end user license agreement ("EULA"), if any, which accompanies the specific Materials and Software, or (b) if there is no EULA, these Terms and Conditions.
The Materials and Software are made available for download solely for your use according to (a) the EULA, and (b) the Plan Order. Any reproduction or redistribution of the service not in accordance with the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
No logo, graphic, sound or image from any PC Shield AV Web site may be copied or retransmitted unless expressly permitted by PC Shield AV .
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE MATERIALS OR SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION, REDISTRIBUTION OR ANY OTHER PURPOSE IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE EULA ACCOMPANYING SUCH MATERIAL OR SOFTWARE.

END USER LICENSE AGREEMENTS (EULA) - GENERAL

In connection with our Service, we may provide to you certain software that is owned by PC Shield AV or its third party licensors, and suppliers. We as well as the third party licensors reserve the right to update or change the Software from time to time and you agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. You may use the Software only as part of, or for use with, the Service in accordance with the Service Plan and for no other purpose. The Software may be accompanied by a EULA from PC Shield AV or a third party. Your use of the Software is governed by the terms of both that license agreement and this Agreement, where applicable. You may not install or use any Software that is accompanied by or includes a EULA unless you first agree to the terms and conditions of the EULA.

EULA FOR PC Shield AV SOFTWARE


With regard to any Software made available to you by PC Shield AV through the PC Shield AV Portal for which your acceptance of a separate license agreement is not required ("PC Shield AV Software"), you are hereby granted a revocable, non-exclusive, non-transferable license by PC Shield AV to use the PC Shield AV Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan you shall not make any copies of the PC Shield AV Software. You agree that the PC Shield AV Software is the confidential and proprietary information of PC Shield AV or its third party licensors, providers or suppliers, and which you shall not disclose to others or use except as expressly permitted herein. You may not de-compile, reverse engineer, disassemble, attempt to discover any source code or underlying ideas or algorithms of the PC Shield AV Software, or otherwise reduce the PC Shield AV Software to a human readable form, modify, rent, lease, loan, use for timesharing or service bureau purposes, reproduce, sublicense or distribute copies of the Software, or otherwise transfer the PC Shield AV Software to any third party. You may not remove or alter any trademark, trade name, copyright or other proprietary notices, legends, symbols, or labels appearing on or in copies of the Software. You are not granted any title or rights of ownership in the PC Shield AV Software. You acknowledge that this license is not a sale of intellectual property and that PC Shield AV or its third party licensors, providers or suppliers continue to own all right, title and interest, including but not limited to all copyright, patent, trademark, trade secret, and moral rights, to the PC Shield AV Software and related documentation, as well as any corrections, updates and upgrades. The PC Shield AV Software may be used in the United States only, and any export of the PC Shield AV Software is strictly prohibited.

THIRD PARTY SOFTWARE

As part of the Services, PC Shield AV may suggest that you acquire, install and use certain third party software ("Third Party Software"). Third Party Software is licensed to you by the respective owners or licensees of the Third Party Software. You must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether or not PC Shield AV directly assists you in the acquisition, installation, and/or use of Third Party Software. PC Shield AV has no rights to the Third Party Software and does not license Third Party Software to you or make any representation or warranty regarding the Third Party Software.
Your license to the PC Shield AV Software shall remain in full force and effect unless and until terminated by PC Shield AV , its third party licensors, providers or suppliers, or until your Service Plan is terminated as provided by your Plan Order and these Terms and Conditions. Upon termination of your Service Plan for any reason, you must cease all use of the PC Shield AV Software and immediately delete the PC Shield AV Software from your computer.
To the extent that we provide technical assistance and support for Third Party Software or equipment, you must ensure that you comply with the terms and conditions under which you licensed such Third Party Software or purchased such equipment. We make no warranty that we are an authorized service provider for Third Party Software or for any equipment; it is your sole responsibility to determine if you require additional rights for us to provide such support, and if so, to acquire such rights. You acknowledge that support of Third Party Software or equipment by an unauthorized service provider may void any warranty made by the supplier of such Third Party Software or equipment.

THIRD PARTY AGREEMENTS

As part of the Services, PC Shield AV may suggest certain third party services to you. If you choose to subscribe to or otherwise use any third party services, your use of any such services is subject to the terms of service of such third party service provider. You agree to comply with such provider's terms of service and that the third party provider is solely responsible for delivery of its service(s) to you and your use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that PC Shield AV may elect to make available from time to time. Violation of such third party provider's terms of service may, in PC Shield AV's sole discretion, result in the termination of your customer account and use of service.
LIMITED SERVICE WARRANTY PC Shield AV DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED AS TO THE SERVICES, THE MATERIALS AND THE SOFTWARE WHETHER IN THE NATURE OF MERTCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. IN THE EVENT THAT YOU ARE NOT SATISFIED WITH THE SERVICES, YOUR SOLE REMEDY IS TO (A) ALLOW PC Shield AV TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.
PC Shield AV SERVICE PLANS COME WITH A 7- DAY, 30- DAY, 60- DAY OR 90-DAY AND 1-YEAR LIMITED SERVICE WARRANTY AS PROVIDED IN ONLINE DOCUMENTATION.
PC Shield AV AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE SERVICES, MATERIALS OR THE SOFTWARE FOR ANY PURPOSE WHATSOEVER. ALL MATERIALS AND SOFTWARE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND WHATSOEVER. PC Shield AV AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE MATERIALS COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PC Shield AV AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE MATERIALS AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
IN NO EVENT SHALL PC Shield AV AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SERVICES, MATERIALS OR SOFTWARE, FAILURE TO PROVIDE THE SAME, OR INFORMATION AVAILABLE IN THE MATERIALS.

LIMITATION OF LIABILITY

Notwithstanding anything to the contrary, in no event shall PC Shield AV be liable to you in excess of the amounts actually paid by you to PC Shield AV under the Plan Order that is the subject of the dispute.

LIMITATIONS ON ACTIONS

Notwithstanding anything to the contrary, in no event shall PC Shield AV be liable to you in excess of the amounts actually paid by you to PC Shield AV under the Plan Order that is the subject of the dispute.

TERM AND TERMINATION

PC Shield AV may, at its sole discretion, terminate or suspend your Service immediately without notice if:
you are in breach of any of the Terms and Conditions (including but not limited to all policies regarding abuse and acceptable use of the Service) or any license for Third Party Software;
your use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, PC Shield AV's network, or the use and enjoyment of PC Shield AV's other users;
PC Shield AV receives an order from a court to terminate the Service you are using;
PC Shield AV for any reason ceases to offer the Service;
you are no longer a PC Shield AV customer, or
PC Shield AV determines that you are abusing the Service.
PC Shield AV , in its sole discretion, may refuse to accept your request for the Service, renewal or re-subscription following a termination or suspension of your use of the Service.

SEVERABILITY WAIVER

If any provision of the Terms of Service were held invalid or unenforceable, that portion shall be enforced to the maximum extent possible, and all other provisions contained in the Terms of Service shall remain in full force and effect. PC Shield AV's failure to enforce any provision of the Terms of Service shall not be deemed a waiver of such provision nor of the right to enforce such provision. NO OFFER The PC Shield AV Portal is available internationally and may contain references to PC Shield AV products, services, and programs that are not available in a viewer's country. These references do not imply that PC Shield AV intends to make such products, services, or programs available in such country.

MODIFICATION

PC Shield AV reserves the right to amend the Terms and Condition, and the PC Shield AV Portal at any time by (a) posting a revised version of the Terms and Conditions on the PC Shield AV Portal, or by (b) sending information regarding any amendment to the Terms of Service to the email address you provide to PC Shield AV in connection with registration. You are responsible for regularly reviewing the PC Shield AV website to be notified of any amendments to the Terms and Conditions. Your use of the PC Shield AV Portal or the Services after an amendment to the Terms and Conditions shall be deemed acceptance by you of the amended Terms and Conditions.

LAW FORUM


This Agreement and the rights and obligations of the parties under this Agreement and any disputes arising out of or in connection with this Agreement shall be governed in all respects by the laws of the Union of India without regard to conflicts of law principles that would require the application of the laws of any other jurisdiction.

ARBITRATION

Any disputes, differences, or questions under this Agreement may be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator. The arbitration shall take place in Gurgaon (India) and shall be conducted in English.