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Terms of Service - Please Read Carefully

"RemoteITtechSupport.com" is a division of FDMA Media LLC

RemoteITtechSupport Terms of Service THE FOLLOWING TERMS AND CONDITIONS (THE "TERMS") CONSTITUTE A LEGAL AND ENFORCEABLE CONTRACT BETWEEN REMOTEITTECHSUPPORT.COM AND/OR ITS SUBSIDIARIES/CONTRACTORS ("REMOTEITTECHSUPPORT.COM") AND YOU FOR USE OF SERVICES (THE "SERVICES") YOU SELECTED OR INITIATED ON THE REMOTEITTECHSUPPORT.COM WEBSITE ("SITE"). "REMOTEITTECHSUPPORT.COM" MEANS REMOTEITTECHSUPPORT.COM, A DIVISION OF FMDA MEDIA LLC, USA. "YOU" OR "YOUR" REFERS TO THE INDIVIDUAL WHO IS UTILISING THE SERVICES. THE POLICY AND MATERIALS SPECIFICALLY REFERRED TO IN THE TERMS ARE INCORPORATED INTO THE TERMS BY REFERENCE. BEFORE YOU CLICK ON THE "I ACCEPT" OR "AGREE" BUTTON, OR OTHERWISE INDICATE ASSENT FOR CONTINUING TO USE THE SERVICES, PLEASE READ THE TERMS BELOW CAREFULLY.

IF YOU DO NOT AGREE TO THE TERMS, THEN REMOTEITTECHSUPPORT.COM IS UNWILLING TO PROVIDE THE SERVICES TO YOU. IN THIS CASE YOU SHOULD: (1) CLICK THE "CANCEL" OR OTHER SIMILAR BUTTON, OR OTHERWISE INDICATE REFUSAL; AND (2) NOT USE THE SERVICES AND SEEK A REFUND DURING THE 30 DAY REDEMPTION PERIOD AS INDICATED BELOW.

IMPORTANT NOTICE: LIMITED REDEMPTION PERIOD AND REFUND RIGHTS: THE RIGHT TO USE ANY ONE TIME SERVICES WILL EXPIRE WITHIN THIRTY (30) CALENDAR DAYS FROM THE DATE OF PURCHASE OF THE ONE TIME SERVICES ("REDEMPTION PERIOD"). IF YOU DO NOT USE THE ONE TIME SERVICES WITHIN THE REDEMPTION PERIOD, YOU WILL NOT BE ENTITLED TO USE THE SERVICES. IN THE EVENT YOU CHOOSE NOT TO USE THE ONE TIME SERVICE, REMOTEITTECHSUPPORT.COM WILL REFUND YOU THE MONEY YOU PAID FOR THE SERVICES, (LESS SHIPPING, HANDLING AND ANY APPLICABLE TAXES, EXCEPT IN CERTAIN STATES AND COUNTRIES WHERE SHIPPING, HANDLING AND TAXES ARE REFUNDABLE) PROVIDED THAT YOUR REFUND REQUEST IS RECEIVED BY REMOTEITTECHSUPPORT.COM CUSTOMER SERVICE DURING THE REDEMPTION PERIOD, USING THE CONTACT DETAILS DESCRIBED IN SECTION 6 OF THE TERMS. NOTE: SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OF REFUND RIGHTS AS DESCRIBED IN THIS CLAUSE SO THIS CLAUSE MAY NOT APPLY TO YOU. FURTHERMORE THIS CLAUSE DOES NOT AFFECT ANY OTHER APPLICABLE REFUND RIGHTS. BY CLICKING ON THE "I ACCEPT" OR "I AGREE" BUTTON, OR BY YOUR USE OF THE SERVICES, YOU ARE DEEMED TO HAVE CCEPTED AND CONSENTED TO BE BOUND BY THE TERMS.

These Terms of Service ("Terms") set out the basic rights and obligations of RemoteITtechSupport.com and you, a person, company or entity (the "Customer") for the delivery and use of our service. Customer agrees to be bound by all the terms and conditions of this agreement when you download, install, or use this Service.

Definition of terms used in this document

"Service" or "services" refers to the technical assistance, and/or the process of providing technical assistance, that RemoteITtechSupport.com offers and any options therein.

"Customer" is any individual or individuals who willingly choose to utilize one or more services offered by RemoteITtechSupport.com. "Customer" also describes any individual or individuals utilizing one or more services offered by RemoteITtechSupport.com, but have a 3rd person contacting RemoteITtechSupport.com to represent them.

"Utilization" or "utilize" is the action of a customer willingly receiving one or more of the services offered by RemoteITtechSupport.com.

"Computer" refers to any desktop computer or portable computer (laptop, tablet or other computing device).

"Computer peripherals" or "peripherals" are any device that attaches to a computer. Examples include, but are not limited to, printers, scanners, speakers, microphones, cameras, and external storage devices (external hard drives, tape drives, USB drives, etc.).

"Software" is any computer program that can be placed, installed, and/or used on a computer.

Acceptance of policy

Upon utilization of one or more of the services offered by RemoteITtechSupport.com, the customer automatically accepts all the terms and policies detailed in this document. The customer bears the right to reject one or more of the terms and policies described in this document. If a customer rejects the terms and policies described in this document, RemoteITtechSupport.com will refuse service to that customer.

Modification of terms and policies

RemoteITtechSupport.com bears the right to modify any information in this document at any time. RemoteITtechSupport.com is not obligated to provide prior warning or post notification to any individual or individuals of modifications to this document.

General

The service provides a RemoteITtechSupport.com technician remote access, using the Internet, to a computer that customer has registered with RemoteITtechSupport.com by logging into the service software. A "reasonably fast" connection to the Internet must be connected to the registered computer for customer to be able to use the service. Any and all Internet access fees are the direct responsibility of the customer. RemoteITtechSupport.com will make every reasonable effort to ensure that the service technology is operational and available for a customer to remotely connect and that a remote access session can take place. RemoteITtechSupport.com will provide the service to the customer in accordance with these Terms: (a) while applicable services and technology exist to deliver the service; (b) where RemoteITtechSupport.com is permitted by law to provide service; and (c) while the service continues to be a RemoteITtechSupport.com supported service.

1 Services

1.1. Service Overview

(1) Introduction.

Services may include services that are available on a one-time basis, for a fee ("Individual Services"); as well as subscription services, which are an entitlement to more than one service over a period of time, for a recurring fee ("Subscription Services"). RemoteITtechSupport.com shall provide the services as set forth in these Terms. RemoteITtechSupport.com's service representative will attempt to provide to you the services over the telephone, through a live chat session on your personal computer, remotely over the internet, or by email. RemoteITtechSupport.com continually strives to improve the usability and performance of its products and services. In order to optimize the services, and solely to the extent permitted by applicable law, RemoteITtechSupport.com may, at its discretion, modify the features or descriptions of the services from time to time; however this shall not adversely affect the quality of any specific services which RemoteITtechSupport.com has already expressly agreed to provide to you.

(2) Support Software Tools and Remote Access.

During the services session, RemoteITtechSupport.com may (i) ask for your permission to use the remote assist tool through the RemoteITtechSupport.com service to enable RemoteITtechSupport.com to remotely access and take control of your personal computer; and/or (ii) gather system data and modify computer settings in order to diagnose or repair a problem; (iii) utilize certain third party support software on your personal computer, which will be removed upon the completion of the services session. The support software (including any third party support software) is owned by RemoteITtechSupport.com or applicable third party licensors and suppliers and may be collectively referred to as the "Support Software Tools" in the Terms. The Support Software Tools will be used to analyze, diagnose, resolve more difficult problems and/or provide system optimisation functions. By electing to receive support, you agree to allow RemoteITtechSupport.com to use whatever Support Software Tools are deemed necessary to repair your personal computer, including remote access. You understand that if remote access is used on your personal computer, there will be no residual software from the remote session; however, there may be reports created in xml or text files. RemoteITtechSupport.com may, but has no obligation to, monitor and record the services, including telephone calls and online sessions for purposes of improving customer service, internal training and internal market research. You hereby grant permission to RemoteITtechSupport.com to monitor and record the services and to use or disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request; to provide the services to you or other users; to protect ourselves and/or other users; and to enhance the types of services we may provide to you in the future. You also grant RemoteITtechSupport.com permission to combine your information with that of others in a way that does not identify you or any individual personally to improve the services, for training, for marketing and promotional purposes, and for other business purposes. Please see our Privacy Policy for further details.

(3) Description of Services, Minimum Requirements.

(i) RemoteITtechSupport.com shall provide the following services subject to the Terms.

  • PC Checkup Service: RemoteITtechSupport.com's service representative diagnoses the PC to determine if it is infected by spyware or virus and attempts to determine any root causes of errors/problems reported by you and provides tips and recommendations to resolve any issues identified.
  • Spyware and Removal Service: RemoteITtechSupport.com's service representative diagnoses PC to determine if it is infected by spyware or virus, and removes the spyware or virus found in your personal computer.
  • PC Tune-up Service: RemoteITtechSupport.com's service representative will help you improve consumer PC performance.
  • Custom Help Desk: RemoteITtechSupport.com's service representative will help customers diagnose and address PC, network and connected peripheral and device related issues.
  • Other Services: Other services which may be provided by RemoteITtechSupport.com.

(ii) Minimum System requirements.

  • For all our services and regardless of operating system, you will need a high speed internet connection (minimum 0.5Mbps up- and download speed, recommended 1Mbps up- and download speed). You can test your internet connection speed here.
  • All services also require you to log on as an administrator on your operating system.

For our PC Tune-Up service you need:

  • Windows XP (Service Pack 2 or later):
  • 800 MHz CPU
  • 512 MB RAM required (1 GB recommended)
  • Minimum 10% free hard drive space (on the system drive) - 15% free space recommended
  • Windows Vista 32-bit or 64-bit (all Service Packs):
  • 1 GHz CPU
  • 1 GB RAM (32-bit) or 2 GB (64-bit) RAM required
  • Minimum 10% free hard drive space (on the system drive) - 15% free space recommended
  • Windows 7 32-bit or 64-bit (all Service Packs):
  • 1 GHz CPU
  • 1 GB RAM (32-bit) or 2 GB (64-bit) RAM required
  • Minimum 10% free hard drive space (on the system drive) - 15% free space recommended

1.2. Commercially Reasonable Effort.

(i) RemoteITtechSupport.com will make every commercially reasonable effort to troubleshoot or fix your personal computer problem. If RemoteITtechSupport.com is unable to resolve your personal computer problem, you will still be liable for charges for time spent by RemoteITtechSupport.com's service representative in an attempt to correct a problem.

(ii) In the course of providing the services, RemoteITtechSupport.com may determine that the issue is beyond the scope of the services. RemoteITtechSupport.com may use commercially reasonable efforts to refer you to the appropriate alternative resource; however, RemoteITtechSupport.com will not transfer you directly to an alternate resource. To the extent permitted by applicable law, RemoteITtechSupport.com reserves the right to refuse, suspend or terminate any of the services at its sole discretion.

1.3 Service Availability.

The services may not always be available due to system maintenance or Internet service disruptions. In order to purchase a Service (other than the Malware & Virus Removal Service), your covered computer(s) must be virus free (as determined by Us) at the time that you purchase a Service. If we determine that your computer is infected by a virus, we may require that you purchase a Service to clean your computer prior to obtaining other services.

2. Your Responsibilities

2.1 Basic Responsibilities.

You agree that you are a legal license holder of the software on your personal computer and your use of the services and the internet is solely at your own risk. By electing to receive the services, you confirm that you (a) have full access to your hardware and software that are the basis of the problem, and (b) have completed a back-up onto separate media of any software or data on the hardware that may be impacted by the services. All information that you provide to RemoteITtechSupport.com must be accurate, including your name and address, and if applicable, any credit or charge card numbers, expiration dates or any other payment information provided by you to RemoteITtechSupport.com. You further represent that you authorize RemoteITtechSupport.com to bill the credit card that you provide to RemoteITtechSupport.com, for any charges to which you consent.

2.2. Liability Release.

To the extent permitted by applicable law, RemoteITtechSupport.com will have no liability for loss of or recovery of data, programs, or loss of use of systems(s) or networks arising out of the services or any act or omission, including negligence, by RemoteITtechSupport.com and/or its representatives. If RemoteITtechSupport.com works with you on any password or other access control oriented problems, RemoteITtechSupport.com strongly recommends that you reset such passwords(s) immediately following the completion of the Services.

2.3. No Transfer.

The services are not transferable. You may not use the services in connection with a service bureau or any other distributing or sharing arrangement, on behalf of any third parties or with respect to any hardware or software not personally owned by you.

2.4 Data Backup

REMOTEITTECHSUPPORT.COM DOES NOT PROVIDE DATA BACKUP OR RESTORATION SERVICES. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING AND BACKING UP ALL INFORMATION, DATA, TEXT OR OTHER MATERIALS (COLLECTIVELY "CUSTOMER DATA") AND SOFTWARE STORED ON YOUR COMPUTER AND STORAGE MEDIA BEFORE ORDERING THE SERVICES. YOU ACKNOWLEDGE AND AGREE THAT REMOTEITTECHSUPPORT.COM OR ITS SERVICE REPRESENTATIVE HAVE NO RESPONSIBILITY OR LIABILITY UNDER ANY CIRCUMSTANCE AT ANY TIME FOR ANY LOSS OR CORRUPTION OF CUSTOMER DATA, SOFTWARE OR HARDWARE THAT MAY ARISE OUT OF THE SERVICES.

REMOTEITTECHSUPPORT.COM DOES NOT PROVIDE BACKUP COPIES OR SUPPORT INSTALLATION OF UNLICENSED SOFTWARE TO CUSTOMERS. PLEASE ENSURE THAT YOU HAVE A LICENSED COPY OF ALL NECESSARY SOFTWARE.

3. Charge; Warranty; Refund

3.1 One Time Service.

The services shall be provided for on a one time basis. The term "one time" means that the service will address a single issue or problem for a customer on your personal computer and include follow-up consultation upon request within thirth (30) days on the same issue or problem. The services may not be successful because the problem may be beyond our ability to resolve remotely. If you have purchased a One Time Service from RemoteITtechSupport.com, then the following warranty applies: if we are not able to answer your question or resolve your technology problem and you have complied with all of your obligations in these Terms, we will refund the fees that you paid for the One Time Service. If you experience a problem with the resolution we provided and you contact us within thirty (30) days from the day you originally received the One Time Service, we will use commercially reasonable efforts to try to resolve your problem at no additional charge. If those efforts are unsuccessful, we will refund the fees that you paid for the One Time Service.

As set forth below, there are no other warranties for the services.

3.2. Refund.

Any refund will be limited to the amount paid by you.

If we are not able to successfully establish a remote access connection to your computer we will refund the cost of the Service Offering.

3.3. Missed Appointments.

If you schedule an appointment with a RemoteITtechSupport.com service representative on a particular day and time and you do not contact RemoteITtechSupport.com a minimum of two (2) hours prior to your appointment to cancel or otherwise reschedule your appointment, you will be charged, at RemoteITtechSupport.com's option, a twenty-five dollar (U.S. $25.00) (or equivalent amount in the applicable currency) missed appointment fee.

3.4 Payment for the services.

The applicable fees for the services you order may be quoted on the telephone and/or may be available on the RemoteITtechSupport.com website. The fee for the services will be charged directly on your credit card and you agree to pay the charges applicable to your selected services, as well as any applicable taxes. For purchases of the services made by you from RemoteITtechSupport.com through the Site: (1) You agree that RemoteITtechSupport.com may charge to your credit card or other valid payment mechanism requested by you and approved by RemoteITtechSupport.com all amounts due and owing for RemoteITtechSupport.com for the services; (2) Unless otherwise agreed by RemoteITtechSupport.com in writing, all payments for the services must be made at the time of purchase prior to receiving any services from RemoteITtechSupport.com; (3) You agree that RemoteITtechSupport.com may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.

4. Privacy; Data Protection

When you visit the RemoteITtechSupport.com website, the RemoteITtechSupport.com Privacy Policy that is available for review via the "Privacy Policy" link that appears on the website shall apply.

When you request the services, the following information will be collected and sent from your personal computer to RemoteITtechSupport.com via an Internet connection:

  • The information provided by you to RemoteITtechSupport.com's service representative over the phone or entered by you into RemoteITtechSupport.com's online interface when requesting the services; and
  • The type and version of operating system used by your personal computer.

During your services session, if our Remote Access Tool is utilized, the following information may be collected from your computer by the Remote Access Tool and sent to RemoteITtechSupport.com via secured connection:

  • System information related to the operating system, memory, CPU and disk space usage, proxy configuration, services configuration, and directory listings;
  • Installed programs and active processes information;
  • Network Configuration and active connections;
  • Application log file information and registry data;
  • The number of files scanned, threats found, and threats fixed by any Support Software Tool;
  • The type of threats found;
  • Whether a firewall is active;
  • A listing of installed (security) updates;
  • Whether antivirus software is installed, running, and up to date;
  • Browser information including security and temporary file settings.

All of the collected information as set out above is necessary for the purpose delivery of the services including analyzing, diagnosing, resolving the problem you have encountered, and optimizing the functionality of RemoteITtechSupport.com's products and services.

Always use caution when giving out any personally-identifiable information about yourself or your family members when interacting with a RemoteITtechSupport.com technician. You are solely responsible for your interactions with any technician through your use of any of our services.

RemoteITtechSupport.com may disclose the collected information if asked to do so by a law enforcement official as required or permitted by law or in response to a subpoena or other legal process. In order to promote awareness, detection and prevention of Internet security risks, RemoteITtechSupport.com may share certain information with research organizations and other security software vendors. RemoteITtechSupport.com may also use statistics derived from the information to track and publish reports on security risk trends.

5. Other Important Information

5.1. Disclaimer of Warranty

TO THE EXTENT PERMITTED BY APPLICABLE LAW, REMOTEITTECHSUPPORT.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, REMOTEITTECHSUPPORT.COM MAKES NO WARRANTIES THAT: (I) THE SERVICES AND/OR SITE WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES AND/OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES AND/OR SITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY SERVICES, PRODUCTS, SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES AND/OR SITE WILL MEET YOUR EXPECTATIONS; AND (V) ANY ERRORS IN THE SERVICES AND/OR SITE WILL BE CORRECTED. ANY SUPPORT SOFTWARE TOOL, MATERIALS AND/OR DATA DOWNLOADED OR OTHERSWISE OBTAINED BY YOU THROUGH THE USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. ANY SUPPORT SOFTWARE TOOLS ARE PROVIDED "AS IS," EXCLUSIVE OF ANY WARRANTY. REMOTEITTECHSUPPORT.COM DOES NOT WARRANT THIRD PARTY PRODUCTS.

5.2. Limitation of Liability.

SOME STATES AND JURISDICTIONS INCLUDING MEMBER COUNTRIES OF THE EUROPEAN ECONOMIC AREA, DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE BELOW LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL REMOTEITTECHSUPPORT.COM BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE PROVISION OF SERVICES EVEN IF REMOTEITTECHSUPPORT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL REMOTEITTECHSUPPORT.COM'S LIABILITY EXCEED THE PRICE YOU PAID FOR THE SERVICES OR EQUIVALENT AMOUNT IN THE APPLICABLE CURRENCY.

5.3. Proprietary Rights.

RemoteITtechSupport.com or its licensors or suppliers retains ownership of all proprietary rights in the services, the Site, the Support Software Tools, and in all trade names, trademarks and service marks associated or displayed with the services. You will not remove, deface or obscure any of RemoteITtechSupport.com's copyright or trademark notices and/or legends or other proprietary notices on, incorporated therein, or associated with the services. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any Support Software Tools with the services.

5.4. Force Majeure.

RemoteITtechSupport.com shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond RemoteITtechSupport.com's reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, lockouts, or shortages of transportation, facilities, fuel, energy, labor or materials. In the event of any such delay, RemoteITtechSupport.com may be excused from such performance to the extent it is delayed or prevented by such cause.

5.5 Export Regulation.

You acknowledge that the services, Support Software Tools and related technical data and services (collectively "Controlled Technology") may be subject to the import and export laws of the United States, specifically the U.S. Export Administration Regulations (EAR), and the laws of any country where Controlled Technology is imported or re-exported. You agree to comply with all relevant laws and will not export any Controlled Technology in contravention to U.S. law nor to any prohibited country, entity, or person for which an export license or other governmental approval is required. All RemoteITtechSupport.com product is prohibited for export or re-export to Cuba, North Korea, Iran, Syria and Sudan and to any country subject to relevant trade sanctions. You hereby agree that you will not export or sell any Controlled Technology for use in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons.

6. General

The Terms will be governed by the laws of the State of Washington, United States of America. Notwithstanding the foregoing, nothing in the Terms will derogate from any rights you may have under existing consumer protection legislation or other applicable laws in your jurisdiction. The Terms are the entire agreement between you and RemoteITtechSupport.com relating to the services and: (i) supersede all prior or contemporaneous oral or written communications, proposals, and representations with respect to its subject matter; and (ii) prevail over any conflicting or additional terms of any quote, order, acknowledgment, or similar communications between the parties. The Terms shall terminate immediately upon your breach of any term contained herein and you shall cease use of the services. The disclaimers of warranties and damages and limitations on liability set forth in the Terms shall survive termination. Should you have any questions concerning the Terms, or if you desire to contact RemoteITtechSupport.com for any reason, please write to: (i) FDMA Media LLC, 315 Seaview Ave. #2616, Bridgeport, CT 06607, U.S.A.