THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE. PLEASE READ THE AGREEMENT CAREFULLY BEFORE ACCEPTING IT.
IMPORTANT—PLEASE READ THIS AGREEMENT CAREFULLY BEFORE SUBSCRIBING TO OR USING InstantPCHelp.com Agents’S LIVEPCSUPPORT SERVICES (“SERVICES”). BY SUBSCRIBING TO OR USING THE SERVICES OR BY CLICKING ON “I ACCEPT” BELOW, YOU ACKNOWLEDGE THAT 1) YOU HAVE READ THIS AGREEMENT, 2) YOU UNDERSTAND IT, 3) YOU AGREE TO THE TERMS HEREIN. IF YOU DO NOT AGREE TO THE TERMS HEREIN, DO NOT SUBSCRIBE TO OR USE THE SERVICES AND CLICK “DECLINE” BELOW. THE SERVICES ARE FOR A LIMITED TIME ONLY AND EXPIRE WITHOUT NOTICE.
This end-user license agreement is a legal contract between you, as either an individual or as a business entity, and InstantPCHelp.com Agents and Founders. This agreement governs your use of the Services. In exchange for use of the Services, you agree as follows:
1.General.
1.1. Scope. InstantPCHelp.com Agents’s livePCsupport services are InstantPCHelp.com Agents’s paid-for chat-based support services as described on the InstantPCHelp.com Agents website. The specific scope of the Services is in InstantPCHelp.com Agents’s sole discretion and may change without notice.
1.2. Access. The Services are provided only via Internet chat and remote desktop sharing. Access to the Internet is required to receive the Services, and you are responsible for providing and maintaining your Internet connection. A high speed Internet connection is highly recommended in order to avoid delays or problems with the Services. Services are provided only after you contact InstantPCHelp.com Agents’s support personnel using the software distributed with the Services. You warrant that use of the Services complies with all applicable computer and network policies. Prior to receiving the Services, you must have administrator rights to the computer, have a back-up of all data on the computer, and provide InstantPCHelp.com Agents with correct and accurate information.
1.3. Authorization. You authorize InstantPCHelp.com Agents to access your computers and delete the files that InstantPCHelp.com Agents deems unnecessary to your computers’ operation. You grant InstantPCHelp.com Agents express permission to alter the registry of any computer receiving the Services and to install, configure, and use additional software on your computers as InstantPCHelp.com Agents sees fit.
1.4. Assistance. You shall assist InstantPCHelp.com Agents as reasonably requested by InstantPCHelp.com Agents in diagnosing the computer and providing the Services. Your failure to cooperate with the InstantPCHelp.com Agents representative constitutes a breach of this agreement. The InstantPCHelp.com Agents representative has sole discretion over any instructions and steps taken in providing the Services.
1.5. Additional Software. The InstantPCHelp.com Agents support representative may need to download, run, or use software on your computer to assist in diagnosing and resolving computer problems. Such software may include toolbars, utilities, and other tools that allow InstantPCHelp.com Agents to improve computer performance and solve technical problems (collectively, the Diagnostic Software”). The use of all Diagnostic Software is subject to the license agreements associated with the Diagnostic Software. You shall accept and comply with all such license agreements.
2.Limitations
2.1. Scope. The scope and extent of the Services are limited to the options selected by you when registering for the Services. InstantPCHelp.com Agents performs the Services in any manner it sees fit. The Services are subject to change without notice. The Services do not cover restoration services, repair services, lost or expected profits, lost or corrupted data, lost or deleted work, or lost or damaged personal files. InstantPCHelp.com Agents does not guarantee against the loss of any file, information, or data. Unless your subscription to the services states otherwise, you are solely responsible for backing up and safely storing its data, information, and files. You shall (1) obtain and pay for all equipment and third-party services required to use and receive the Services and (2) be responsible for all content on both your computer and network.
2.2. Quality of Services. InstantPCHelp.com Agents provides all Services using commercially reasonable efforts. InstantPCHelp.com Agents does not represent that that commercially reasonable efforts will optimally configure a network or provide you with any significant energy savings.
2.3. Compliance with Laws. You shall comply with all laws, regulations, and other restrictions when using the Services. You may not use the Software to 1) engage in conduct that is offensive, abusive, contrary to public morality, indecent, defamatory, obscene, or menacing, 2) cause InstantPCHelp.com Agents or a third party distress, annoyance, denial of any service, disruption or inconvenience, or 3) send or receive unsolicited bulk correspondence.
3.Ownership. InstantPCHelp.com Agents shall retain ownership at all times over the Services, including all ownership in the Software and any other intellectual property accompanying the Services. You may not use the InstantPCHelp.com Agents name, brand, trademarks, service marks, logos, or any other intellectual property in any way except with InstantPCHelp.com Agents’s prior written consent. Consent is provided to use the Services in accordance with the documentation provided by InstantPCHelp.com Agents.
4.Promotions
4.1. Terms. InstantPCHelp.com Agents occasionally offers promotions and special offers ("Promotion") such as free trials. InstantPCHelp.com Agents may terminate the Promotion at any time. If you subscribe to the Services during a Promotion, you agree to be bound by the terms and conditions of the Promotion as set forth on the advertisement or web page of the Promotion.
4.2. Credit Card Required. When subscribing to Promotions, including free trials, InstantPCHelp.com Agents may require you to enter payment information, such as a credit card number. At the end of a trial period, InstantPCHelp.com Agents may automatically charge the entered payment information for the Services unless InstantPCHelp.com Agents is notified by email, through the email address provided during your registration for the Services, of your cancellation of the Services. Annual subscriptions expire one-year from the end if the trial period. InstantPCHelp.com Agents is not obligated to provide notice to you of a trial period’s expiration or before your credit card is billed for the Services. You are solely responsible for ensuring that you unsubscribe from any unwanted Services prior the end of the Promotion. No refunds shall be given for a failure to cancel the Services. All Promotions are limited to one per customer. InstantPCHelp.com Agents reserves the right to deny or revoke a subscription to a Promotion for any reason.
5.Payment.
5.1. Fees. You may use the Services only after paying InstantPCHelp.com Agents any applicable fees for the Services. All fees are posted on the InstantPCHelp.com Agents website and are subject to change without notice. InstantPCHelp.com Agents may deactivate or disable the Services without notice if you fail to pay the applicable fees. All fees are non-refundable.
5.2. Method of Payment. You shall pay all fees in advance using a credit card. InstantPCHelp.com Agents may charge any fees incurred while using the Services (such as renewal fees) to the provided credit card without further notice. If InstantPCHelp.com Agents is unable to bill the credit card provided, InstantPCHelp.com Agents may make the Services inaccessible to you until payment is received.
5.3. Billing Issues. You shall notify InstantPCHelp.com Agents of any billing problems or disputes within 30 days after the charge first appears on a statement from the credit card provider. You waive your right to dispute any billing problem if you fail to notify InstantPCHelp.com Agents within the 30 day period.
6.Term and Termination
6.1. Term. Unless terminated as allowed under this section, this agreement continues for as long as you continue to pay the applicable fees for the Services. InstantPCHelp.com Agents may terminate this agreement without notice if you fail to pay any applicable fees.
6.2. Consumer Services. Subscription-based consumer-based services have a subscription period of one year from the date that you register for the Services. Single-use services expire after you or the InstantPCHelp.com Agents representative terminates the support session.
6.3. Business Services. Services for business are billed monthly. You may cancel at any time by sending notice of the cancellation to InstantPCHelp.com Agents.
6.4. Voluntary Termination. You may terminate this agreement by uninstalling the software accompanying the Services and contacting support@InstantPCHelp.com. In this case, the agreement terminates upon InstantPCHelp.com Agents’s receipt of the email.
6.5. Involuntary Termination. InstantPCHelp.com Agents may terminate this agreement without notice by disabling your account or access to the Services. InstantPCHelp.com Agents may disable your account or deny access to the Services at any time.
6.6. Events Upon Termination. Upon termination, you shall cease using the Services and delete all copies of the related Software. InstantPCHelp.com Agents shall not bill you any additional fees but is not obligated to provide refunds for any paid for but unused Services.
7.Warranty Disclaimers and Limitations on Liability
7.1. Internet. You acknowledge that the Services are subject to the operation and telecommunications infrastructures of the Internet and that the operation of your Internet connection services, all of which are beyond InstantPCHelp.com Agents’s control.
7.2. Warranty Disclaimer; Assumption of Risk. YOU AKNOWLEDGE THAT InstantPCHelp.com and Agents PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE”. InstantPCHelp.com and Agents EXPRESSLY DISCLAIMS ALL IMPLIED AND EXPRESS WARRANTIES IN THE SERVICES AND RELATED SOFTWARE. THIS DISCLAIMER INCLUDES ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND IS EFFECTIVE TO THE MAXIMUM EXTENT ALLOWED BY LAW. InstantPCHelp.com and Agents DOES NOT GUARANTEE THAT 1) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR 2) THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY OF THE SERVICES.
7.3. Damage Limitation. YOU WAIVE ALL LIABILITY OF InstantPCHelp.com and Agents AND ITS AFFILIATES, AND EACH OF THEIR OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, AND CONTRACTORS, RESULTING FROM OR CONNECTED TO THIS AGREEMENT. YOU WAIVE ALL LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS WAIVER INCLUDES ALL DAMAGES FOR LOST PROFITS, REVENUE, USE, OR DATA AND APPLIES EVEN IF InstantPCHelp.com and Agents IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. These limitations apply to the maximum extent permitted by law regardless of 1) the reason for or nature of the liability, including tort claims, 2) the number of claims, 3) the extent or nature of the damages, and 4) whether any other provisions of this agreement have been breached or proven ineffective.
7.4. Exceptions. If any legal right disallows an exclusion of warranties or disallows limiting certain damages, then the disclaimers of warranty and limitations on liability herein apply only to the maximum extent allowed by law.
8.Remedy
8.1. Limitation on Actions. Except for actions and claims related to a party’s indemnification and confidentiality obligations, all claims and actions arising from this agreement must be brought within one (1) year from the date when the cause of action occurred.
8.2. Remedy. Your sole remedy for a defect in the Software is to have InstantPCHelp.com Agents attempt to cure the defect. InstantPCHelp.com Agents is not obligated to correct a defect if (i) the Software was misused, damaged, or modified, (ii) you did not promptly report the defect to InstantPCHelp.com Agents, or (iii) you have breached any provision of this agreement.
9.Privacy
9.1. Privacy Policy. InstantPCHelp.com Agents shall follow the privacy policy when using collected personal information. InstantPCHelp.com Agents may revise its privacy policy without notice by posting the amended privacy policy on the InstantPCHelp.com Agents website. You shall periodically review the website to be aware of changes.
9.2. Communication. InstantPCHelp.com Agents may send you communications regarding your account, the Services, or its other products and services. By accepting this agreement, you consent to receiving marketing material from InstantPCHelp.com Agents and its affiliates. You may withdraw this consent later and opt-out of receiving communication not directly related to the Services by emailing support@instantpchelp.com.
9.3. Data Collection. InstantPCHelp.com Agents may collect any information necessary to ensure your compliance with this agreement. InstantPCHelp.com Agents may also collect non-personally identifiable information about your use of the Services, which InstantPCHelp.com Agents may use without restriction. InstantPCHelp.com Agents may monitor and record the Services, including any online sessions. These recordings are primarily for improving customer service, internal training, and internal market research. InstantPCHelp.com Agents may disclose these recordings and any other information to satisfy any law, regulation or other governmental request, to operate the Services properly, or to protect ourselves and/or InstantPCHelp.com Agents’s customers.
10.Arbitration. To the extent permitted by law, you shall notify InstantPCHelp.com Agents of any dispute arising under this agreement before seeking dispute resolution. If dispute is not resolved within sixty (60) days after initial notice, then a party may proceed as follows:
10.1. The parties shall resolve the dispute by arbitration conducted through the services of the American Arbitration Association (“AAA”). The party initiating the arbitration shall send notice to the other party. All arbitration hearings will be in Phoenix,AZ.
10.2. The parties shall appoint a panel of three possible arbitrators to hear the matter and then each party shall name one Arbitrator to be dropped from the panel, leaving one arbitrator. The party giving notice of the arbitration shall select the first dropped arbitrator.
10.3. The parties shall split the costs of the arbitrator equally regardless of the final decision. The party found in default of this agreement by the arbitrator shall pay all costs of the other party that are incurred in enforcing its rights under this agreement (including attorney’s fees).
11.Miscellaneous
11.1. Independent Contractors. The parties are acting as independent contactors and not as agents or employees of each other. Nether party has the power to bind or obligate the other, and each party is responsible for its own expenses and employees.
11.2. Notices. You shall send all notices to InstantPCHelp.com Agents email to support@instantpchelp.com. InstantPCHelp.com Agents shall send all notices to the email address listed in your account.
11.3. Entire Agreement. With respect to the Software, this agreement is the entire understanding of the parties and supersedes all other agreements that may exist between the parties. The parties may execute one or more counterparts of the agreement, each of which will be deemed an original copy of the agreement. Section headings in this agreement are for reference and convenience only and are not part of the interpretation of the agreement.
11.4. Modifications. InstantPCHelp.com Agents may modify this agreement by posting an updated copy of the agreement on its website. InstantPCHelp.com Agents may also amend its website and pricing without notice. You may not modify this agreement unless the modification is signed by InstantPCHelp.com Agents. InstantPCHelp.com Agents may modify, supplement, or discontinue the Software, in whole or in part, without notice.
11.5. Waiver. A party’s failure to enforce a provision of this agreement will not waive the party’s right to enforce the same provision later or right to enforce any other provision of this agreement. To be effective, all waivers must be both in writing and signed by the party benefiting form the waived provision.
11.6. Force Majeure and Internet Frailties. Other than for payment obligations by you, neither party will be liable for a delay or failure to perform an obligation to the extent that the delay or failure is caused by an occurrence beyond the party's reasonable control. Each party acknowledges that the operation of the Internet is beyond the other party’s reasonable control, and neither party will be liable for a delay or failure caused by an interruption or failure of telecommunication or digital transmission links, Internet slow-downs or failures, or other such transmission failure.
11.7. Governing Law and Venue. The laws of Arizona govern the interpretation, construction, and enforcement of this agreement and all proceedings arising out of it, including tort claims, without regard to any conflicts of law principles. All proceedings or legal action arising from this agreement must be commenced in the state or federal courts of Arizona. Both parties agree to the exclusive venue and jurisdiction of these courts.
11.8. Assignment. You may not assign any of your rights or obligations under this agreement. Any transfer without consent is void. InstantPCHelp.com Agents may assign its rights and obligations without your consent.
11.9. Severability. Any provision determined invalid or unenforceable by rule of law will be reformed to the minimum extent necessary to make the provision valid and enforceable. If reformation is not possible, the provision is deemed omitted and the balance of the agreement remains valid and enforceable.
11.10. Survival. All provisions of the agreement relating to confidentiality, proprietary rights, indemnification, and limitations of liability survive the termination of the agreement.
11.11. Rights of Third Parties. There are no third party beneficiaries under the agreement.
12.Acceptance
BY CLICKING “I ACCEPT”, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT. DO NOT CLICK THE “I ACCEPT” BUTTON IF YOU DO NOT ACCEPT THIS AGREEMENT.
SCHEDULE A
Description of the Services
| Service | Description |
| Virus Diagnosis | InstantPCHelp.com Agents will scan and detect Malware on the computer. |
| Virus Removal | InstantPCHelp.com Agents will remove detected Malware |
| PC Tune-up | InstantPCHelp.com Agents will assist in improving the computer's performance. |
| Internet Login Protection | |
| Email Account Setup | InstantPCHelp.com Agents will setup an email account on the computer |
| Software Installation | InstantPCHelp.com Agents will install and configure software on the computer |
| Printer Setup | InstantPCHelp.com Agents will assist in setup and installation of a local printer |
| Printer Troubleshooting | InstantPCHelp.com Agents will assist in troubleshooting a printer connected to the computer |
| Green PC | |
| Computer Troubleshooting | InstantPCHelp.com Agents will assist in diagnosing and fixing problems with hardware or software configurations on the computer |
This privacy statement describes the policies and practices of the different InstantPCHelp.com companies, including InstantPCHelp.com CA Limited, InstantPCHelp.com Group, Inc., InstantPCHelp.com Security Solutions, Inc., and InstantPCHelp.com Communication Inc. (collectively and individually referred to herein as "InstantPCHelp.com"), in collecting, using, and safeguarding the private information that may be obtained through use of each company's products, services and websites. Questions about this privacy policy may be submitted by an email to support@InstantPCHelp.com This privacy policy applies to each of the InstantPCHelp.com entities, but not to InstantPCHelp.com's partners or affiliates, which may have separate privacy policies.
Information Collection
Personal information is collected from customers only after obtaining consent, which is obtained when customers are prompted for information when subscribing to the services, by using a InstantPCHelp.com website, downloading a product, or requesting further information. Personally-identifiable information is not collected when a user simply browses the website. InstantPCHelp.com may contact customers about offers and opportunities from InstantPCHelp.com or its business partners, to conduct surveys, and gather feedback. This privacy statement does not extend to any information that is beyond the control of InstantPCHelp.com.
Services
Enrolling in InstantPCHelp.com's subscription service may require a customer to provide certain personal information and enter into a Subscriber Agreement. Nothing herein is intended to modify the terms in the Subscriber Agreement.
Product Download
Downloading a product will often require the input of personal information. This information will be used by InstantPCHelp.com or its affiliates to contact the customer about InstantPCHelp.com's products and services, including product updates and associated promotional material. This information may also be used as collated general demographic information to improve InstantPCHelp.com's products and services.
Cookies
A cookie is a piece of data stored on a computer's hard disk containing information about the owner. InstantPCHelp.com may employ the use of cookies for measuring the success of advertising and affiliate network membership. Our partners may use cookies. InstantPCHelp.com does not exercise any access or control of such cookies.
InstantPCHelp.com's websites uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"), to evaluate the use of the InstantPCHelp.com site. Google Analytics places a third party cookie on your computer that is then used to compile reports of visitor traffic and internet usage. Google analytics does not have a database of individual profiles for each visitor and only collects aggregate data.
Log Files
InstantPCHelp.com uses log files comprising of non-personally identifiable information to analyze trends, administer the site, track movements throughout the site, calculate the number of document and file downloads, and gather broad demographic information for aggregate use.
External Links
The InstantPCHelp.com website contains links to external websites which are outside the scope of this privacy statement. InstantPCHelp.com is not responsible for the privacy practices of such other sites and does not control the accuracy of information displayed by such websites.
Forums, Bulletin Boards, Testimonials, Chat Rooms, and Surveys
Personal information submitted through a forum, bulletin board, testimonial, or chat room operated by InstantPCHelp.com may be collected, used, and read by third parties, including other users. InstantPCHelp.com is not responsible for any information submitted through these services. We occasionally request information from customers via surveys. Participation in these customer surveys is voluntary. Survey information is used to improve this web site and our services and products.
Security
InstantPCHelp.com protects information both online and off-line. The transmission of information, including any payment information, is encrypted and protected using Secure Sockets Layer (SSL). Stored customer information is kept in a secure environment where access is restricted to employees who need the information to perform a specific job (for example billing administration or the development team). Employees are required to use password-protected screen-savers and keep their computers up-to-date.
Choice / Opt out
Customers may occasionally receive information on products, services, and special deals from InstantPCHelp.com or may receive informational newsletters. Customers are given the opportunity to 'opt-out' of having information used for purposes not directly related to the InstantPCHelp.com service at the point where the information is requested. Customers may also elect not to receive additional promotional communications using the opt-out link provided in each promotional email or by emailing support@instantpchelp.com. Customers may not opt-out of receiving service announcement updates as they contain important security information about the services.
Amendments
InstantPCHelp.com reserves the right to amend this privacy statement at any time. Any amendment will be made by posting the changes to the website. Customers must check the website periodically to be aware of any changes to the privacy statement. Your continued use of the website or InstantPCHelp.com product or service constitutes your acceptance of those changes.
Last Updated: July 22, 2010