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Terms

Please carefully read the following Terms of Service before registering for and using the RemotePC Service.

By registering for a RemotePC account you or the entity you represent ("you" and "your") agree to be bound by these Terms of Service (the “Terms”), which govern your access to and use of the RemotePC Service (the “Service”) offered by Pro Softnet Corporation (“we”, “us” or “our”). Some applications of the Service may implement open source code released under the GNU General Public License (“GPL”). Please carefully read the GPL as well as our Privacy Policy, which are incorporated into these Terms.

If you are registering for the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.


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1. Your Account

You agree to provide us with accurate and complete information when you create a RemotePC Account (your “Account”). In order to prevent unauthorized access to your Account, you agree to keep your password and other Account details secret and not share them with anyone else. You, as the Account holder, are solely responsible for access to and use of your Account. We are not liable for any loss or damage arising from any access to or sharing and use of your Account. If you believe there has been unauthorized access to your Account, you must notify privacy@pro-softnet.com immediately.

2. Conditions of Use

By using the Services, you agree that you (i) will not violate, or encourage or facilitate the violation of, any aspect of our Acceptable Use Policy, (ii) will comply with all regulations, policies and procedures of networks through which You access and use the Service, (iii) will not access or attempt to access the Services by any means other than those provided on the RemotePC website, and (iv) will not access or attempt to access any account for which You have no access authorization.

3. Registration Information / Privacy

You agree to promptly notify us of any change in the information you provided during your registration for the Services (including, without limitation, any change in your mailing address, telephone numbers or email address). The registration information (including your selected username and password) provided by you during your registration for the Service, together with any and all updates provided by you from time to time under this paragraph, is referred to in these Terms as the "Registration Information." Our policy regarding the privacy and use of the Registration Information is set forth in our Privacy Policy, which may be modified and amended by us from time to time. By accepting these Terms, you are also acknowledging that you agree to the terms of the Privacy Policy.

4. Pricing

Credit Card Charges
In exchange for use of the Services, you authorize a recurring monthly or annual charge to your credit card. The recurring charge will be locked at the published standard plan that is chosen at the time of sign-up or to a customized quote provided for your specific use. You also agree that the enrollment for the next service period is automatic and paid in advance at the same rate. Please note that we may automatically receive updated credit card information from our merchants from time to time in cases where your account is issued a new card number or your credit card expires. However, we still advise you update your card manually from your account screen when changes to your account information occur.

If we are unable to execute any applicable charges due to credit card denial or for any other reason, you will be notified via email. In case of non-action by the user, the account may be canceled. We may delay Account cancellation related to non-payment for the Services and provide a grace period of up to thirty (30) days from the due date to allow for the customer to arrange payment.

Discrepancies
Your right to raise a billing discrepancy and any associated recovery is waived unless reported to us by calling our customer support line or emailing us at support@remotepc.com within sixty (60) calendar days after such discrepancy is charged to your credit card.

Cancellation & Refunds
You must cancel your Account before it renews each month or year in order to avoid a charge for the next month's or year's fees to your credit card. Please note on cancellation, refunds are issued if account is canceled within fifteen (15) days of its creation date. After 15 days, pro-rated refunds are issued on a case-by-case basis subject to eligibility. We will not issue any pro-rated refunds for the remaining period of a month when an account with a monthly subscription plan ("current plan") is downgraded to a smaller plan ("new plan") (a plan that costs less per month than the current plan) during the middle of a month. However, the rate applicable to the new plan will automatically be charged starting the first of the subsequent month.

5. Account Passwords

You are solely responsible for any consequences arising out of your failure to maintain the confidentiality of your Account password. You will notify us of any unauthorized use or breach in security of your Account immediately after you learn of such unauthorized access or use. We advise frequent changes to the Account password for better security. However, no password-protected system can be made entirely impenetrable. Accordingly, you hereby acknowledge that it may be possible for an unauthorized third party to access Your Account. The automated forget password option works on the assumption that only the account holder has access to the email address on record. In case the user does not have access to the email address, other means of verification may be used including billing/credit card information to verify identity.

6. Use of IP Addresses

We may collect IP addresses for the purposes of system administration and/or to audit the use of our site. We can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our policies, Terms, or to protect our Service, site, customers, or others. Some services, such as user logs and registration emails, may also display IP addresses.

7. Disclaimer of Warranties

The transmission, storage, viewing and retrieval of data and files through the World Wide Web is subject to a variety of conditions that make such transmission, storage, viewing and retrieval potentially unreliable. ACCORDINGLY, YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, AT YOUR OWN RISK. PRO SOFTNET, ON BEHALF OF ITSELF AND ITS DISTRIBUTORS, ADVERTISERS AND SUPPLIERS, DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO YOUR ACCOUNT AND THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT). YOUR ACCOUNT AND THE SERVICE MAY NOT MEET YOUR NEEDS. PRO SOFTNET MAKES NO REPRESENTATION OR WARRANTY: (A) THAT YOUR ACCOUNT OR THE SERVICE WILL MEET YOUR NEEDS; (B) THAT ACCESS TO YOUR ACCOUNT OR THE SERVICE WILL BE TIMELY, ERROR-FREE, UNINTERRUPTED, VIRUS-FREE OR SECURE; (C) THAT THE DATA ON YOUR DESKTOP OR SERVER WILL NOT BE LOST OR DAMAGED; OR (E) THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE USE OF THE SERVICE IS DONE AT YOUR CHOICE AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE.

8. Limitations of Liability

IN NO EVENT SHALL PRO SOFTNET OR ITS AFFILIATES, AGENTS, ADVERTISERS OR SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY TO YOU FOR (I) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR (II) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, REVENUE OR PROFITS OR BUSINESS INTERRUPTION) OR OTHER PECUNIARY LOSS ARISING OUT OF YOUR USE OR INABILITY TO USE YOUR ACCOUNT OR THE SERVICE REGARDLESS OF LEGAL THEORY, WHETHER OR NOT PRO SOFTNET HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICES WILL BE LIMITED TO THE GREATER OF $100 OR ANY AMOUNTS PAID BY YOU TO PRO SOFTNET FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION.

9. Indemnification

You will defend, indemnify and hold Pro Softnet, our subsidiaries, affiliates, agents, officers, licensor, directors and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of (i) your use of your Account and the Service or (ii) any violation of these Terms by you. We will be entitled, at our expense, to participate in the defense and settlement of the claim or action with counsel of our own choosing. You may not settle any claims that limit our rights without our prior written consent.

10. Termination

We may, at our option and in addition to other remedies, immediately and without notice terminate these Terms at any time or suspend your access to the Services: (i) if you breach any provision of these Terms; (ii) if we are required to do so by law; (iii) if we cease to offer any services covered by these Terms; or (iv) for any other reason with thirty (30) days prior written notice to you (or sooner if you are flagrantly violating these Terms or are a threat to users or the Services). You may terminate these Terms at your convenience by delivering at least thirty (30) days prior written notice to us. Should you object to any of these Terms or any subsequent modifications thereto or become dissatisfied with the Services in any way, your only recourse is to immediately: (a) discontinue use of the Services; (b) terminate these Terms; and (c) notify us of such termination as described below in paragraph 13. Paragraphs 7, 8, 9, 11, 12, 13 and 14 of these Terms (and any other provision that can be reasonably construed to survive termination) will survive termination of these Terms.

11. Notices

Any notice under these Terms given by Pro Softnet to you will be deemed to be properly given if sent (i) by email to your email address as set forth in the Registration Information, (ii) by a startup screen that starts before your next use of the Services, (iii) by written communication mailed by first class U.S. mail to your address on record in the Registration Information, or (iv) by a display about the changed information in the Terms on our website. It is important that you maintain a correct working email address and update it if necessary to be able to receive our communications. To ensure proper delivery of email communications, please whitelist '@remotepc.com' domain in your email spam filter.

Any notice under these Terms provided by you will be deemed to be properly given if received by Customer Service at support@remotepc.com, except those that are related to cancellation or termination of your Account. For cancellation or termination of your Account you are expected to login online at http://www.remotepc.com, go to 'My Account', choose 'Cancel Account' and provide necessary information for cancellation. Sending an email to support@remotepc.com for cancellation is not considered as a cancellation notice for security reasons. We may delay the cancellation related to non-payment for the services and provide a grace period of up to sixty (30) days from the due date to allow for the customer to arrange for payments.

12. Severability

These Terms will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of the Terms is held to be invalid or unenforceable under applicable law to any extent, then (i) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (ii) such invalidity or unenforceability will not affect any other provision of the Terms.

13. Modifications to this Agreement

We may change these Terms from time to time and the most current version will always be posted on our website located at http://www.remotepc.com. If we think a revision is material we will notify you (e.g., via email). Other changes may be posted to our blog or terms page, so please check those pages regularly. Your continued use of the Services after such revisions become effective will constitute your acceptance of such changed terms and conditions. If you do not agree to the new terms, please stop using the Services.

14. Miscellaneous

THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY CALIFORNIA LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF LOS ANGELES COUNTY, CALIFORNIA, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. The provisions of the U.N. Convention on Contracts for the International Sale of Goods and any successor treaties will not apply. You will commence any claim or cause of action arising under or otherwise occurring by reason of these Terms within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred. These Terms create no third party beneficiary rights. You may not assign any of your rights in these Terms, and any such attempt is void, but we may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Pro Softnet and you are not legal partners or agents; instead, our relationship is that of independent contractors. Our failure to insist upon or enforce strict performance of any provision or right of these Terms will not be construed as a waiver of any provision or right. These Terms constitute the entire and exclusive agreement between you and Pro Softnet with respect to the subject matter hereof and supersedes any and all prior and contemporaneous understandings and agreements.


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