If you do not accept and agree to these Terms and Conditions and our Policies then you must not access or use the Services.
We may modify this Agreement from time to time to reflect changes in or requirements of the law or modifications or updates to the Services. We will notify you if such change materially affects your rights under this Agreement. Changes will not apply retrospectively and, unless the change is required immediately for legal or security reasons, notice of the modified terms will be provided a reasonable period prior to the changes taking effect. If you do not agree to be bound by this Agreement, our Policies or any subsequent modifications, you must stop using the Services (see Cancellation and Termination).
Governing Law and Arbitration for users in the United States
1.The laws of the State of California apply to this Agreement, including any dispute arising out of or in connection with it or relating to your use of the Services. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply.
2. All fees and any applicable taxes will be processed on our behalf by our agent, Protected.net LLC. This will not affect the prices described at Our Services & Prices and you will not incur additional costs.
3. If a dispute arising under or relating to this Agreement is brought for arbitration, it shall be resolved by final and binding arbitration conducted before a single arbitrator, chosen by us, pursuant to the commercial arbitration rules of the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of any person(s). All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement. The arbitration will be held at the AAA location chosen by us in California. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b), then the payment of arbitration costs shall be governed by the AAA Rules. In such case, you agree to reimburse us for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, we shall reimburse you for your reasonable attorneys' fees and expenses incurred for the arbitration.
Governing Law and Jurisdiction for users outside the United States
1. For users outside the United States, this Agreement, and any non-contractual obligations arising out of, or in relation to it, shall be governed by and construed in accordance with the laws of England and Wales subject only to any mandatory provisions of consumer law in the country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply.
2. You and we irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.
3. Alternatively, you may raise the dispute with an alternative dispute resolution body in your home jurisdiction (including, if you are in the European Union and the United Kingdom remains a member state of the European Union at the time of the dispute) via the EU Commission’s Online Dispute Resolution (ODR) Platform.
1. Eligibility, Registration and Account Security
a) The Services are intended solely for users who are eighteen (18) years of age or older (or over the age of majority in your country if it is higher than 18). If you are under eighteen (18) years of age (or, if higher than 18, the age of majority in your country) and register to use the Services or access the Services, we do not agree to provide the Services to you and you must cancel your account and stop using the Services. By registering for or using the Services, you represent and warrant that you are at least eighteen (18) years of age and are over the age of majority in your country of residence.
b) If you are registering for and using the Services on behalf of another party, entity or organization, you warrant and represent that you are authorized to bind such party, entity or organization to this Agreement and to act on behalf of such party, entity or organization with respect to any actions you take in connection with the Services.
c) You agree to provide accurate and complete information when you register for the Services and you agree to keep such information accurate and complete during the entire time that you use the Services. You are solely responsible for maintaining the confidentiality of your username and password.
2. Prohibited Persons
Certain entities and individuals are prohibited from using the Services pursuant to trade and economic sanctions and export and control laws imposed by the U.S., U.K. or other governments. These prohibit companies and their subsidiaries from engaging in all or certain commercial activities with certain sanctioned countries (“Sanctioned Country”) and certain individuals, organizations, entities, or domain names (“Sanctioned National)” (see, for example, the U.S. Office of Foreign Assets Control restrictions on U.S. companies and their subsidiaries and individuals on the “Specially Designated Nationals” list). You are prohibited from registering or signing up with, subscribing to, or using the Services if you are located in a Sanctioned Country or are listed as, or associated with a Sanctioned National, as determined by us in our sole discretion. Registration, signing-up or using the Services from any Sanctioned Country is a material violation of this Agreement, and grounds for immediate account termination by us without the right to recover any of your data.
3. YOUR License and Use of the Services
a) Scope of License. We grant you a personal, non-exclusive, non-transferable, limited and revocable license to install our software necessary to use the Services (the “Licensed Software”) only on the number of devices for which you have paid the applicable fees and taxes and for the duration of your service plan. Each subscription grants you the right to install the software and use the Licensed Software to protect one device at a time. You may transfer your license from one device to another by contacting us. If you wish to use the Services on multiple devices, you must obtain a separate license for each device or a multi-device license by purchasing an additional license or licenses package. This license permits you to use the Licensed Software for the sole and exclusive purpose of using the Services. We reserve all other rights to the Licensed Software. Your license to use the Licensed Software is subject to the limitations set out in this section of the Agreement. If you do not agree with the terms of this license, you must cancel your account and stop accessing the Services.
b) Limitations on your right to use. Unless expressly allowed by law, you may not reverse engineer, decompile, or disassemble the Licensed Software. You may not rent, lease, lend or transfer the Licensed Software, or host the Licensed Software for third parties. The Licensed Software is licensed as a single integral product and may not be separated for use on more than one computer. The Licensed Software may include copy protection technology to prevent the unauthorized copying of the Licensed Software or may require original media for use of the Licensed Software on the computer. It is illegal to make unauthorized copies of the Licensed Software or to circumvent any copy protection technology included in the Licensed Software.
c) Restrictions on Access to Services. You are only allowed to access the Services through the interfaces and protocols provided or authorized by us. You agree that you will not access the Services through unauthorized means, such as unlicensed software clients.
d) Redistribution. You may not redistribute the Services or provide others with access to, or use of, them, unless you have entered into a separate reseller agreement or other agreement with us that expressly authorizes you to engage in this activity. You may ask us for permission to have business or reseller use and distribution of Licensed Software by contacting us.
e) Trial Licenses. If you received a free trial or evaluation license, we grant you a non-exclusive, non-transferable, limited license to use the Services during the trial or evaluation period in accordance with this Agreement. The free trial and evaluation license is only valid for your use of the Services on one device and is limited to one trial license or evaluation license per calendar year per device. Your license to use the Services will terminate upon the expiration or termination of such trial or evaluation period. If you have any marketing codes that allow you to extend the term of your trial you must enter such codes at the time of your initial purchase in order for them to be applied to your account.
f) Compatibility with the Licensed Software. You are responsible, at your own expense, for all computers, telecommunication equipment, software, access to the Internet, and communications networks required to use the Services. We are not responsible for any delays or failures in the Services due to a failure of any computers, telecommunication equipment, software, access to the Internet, or communications networks necessary to use the Services outside it control.
g) Maintenance of the Licensed Software. From time to time, we may make improvements, upgrades or modifications to the Licensed Software available to our customers. Please see Modification and Updates to the Services.
h) Technical Support Services. Except as described otherwise in paragraph (j) below, we will provide 24/7 technical support via email and online chat for the current version of the Licensed Software (“Technical Support Services”). You will be required to provide as much information as we determine in our sole discretion our investigation into any issues or problems requires. By utilizing our Technical Support Services, you grant us permission to access your account and device, if necessary, to resolve your issue. You agree and understand that in order to resolve an issue we may require access to license keys which you are solely responsible for providing to us.
i) Ineligibility for Technical Support Services. We will not provide Technical Support Services if: (a) you are in breach of this Agreement; or (b) the need for Technical Support Services is due to (i) your failure to operate the Licensed Software within the systems requirements provided to you; (ii) any modification or attempted modification of the Licensed Software by you or any third party outside of our control; or (iii) your failure or refusal to implement changes recommended by us.
4. Modification and Updates of the Services
a) We may, from time to time, change the Services and any aspect or feature of the Services if considered necessary for security or legal reasons, to ensure the operability of the Services, to reflect advancements in technology or to enhance the features we are able to offer our customers. You hereby consent to automatic updates to the Services you have installed on your computer.
b) If we modify the Services in a material way, we will provide you with advance notice of the changes so that you have an opportunity to stop using the Services and cancel your account. In accordance with our Cancellation and Termination provisions, you will receive a pro rata refund for any fees paid in advance for full months of Services not yet rendered where such change adversely affects your use of the Services during the then current Term as defined in paragraph 5a (Initial Term and Automatic Renewal). This does not affect your 30 day money-back guarantee and, therefore, if you cancel within 30 days of starting or renewing the Services, as a result of a change made by us, you will receive a full refund.
5. Term and Automatic Renewal
For all monthly subscription plans, please see paragraph b. For all other service plans, please see paragraph a.
a) Initial Term and Automatic Renewal. The initial term of the Services is: (i) in respect of your service plan, the initial period you have chosen to pay for on the payments page at the time you purchased the Services (e.g. either 1 month or 12 months); and (ii) in respect of all additional services, 12 months (the “Initial Term”). Except in the case of trial licenses, the Services will automatically renew for the same term (each a “Renewal Term”) as you initially ordered, as shall be further summarized for you in the Renewal Notice (described below). If you do not want your term to renew, you must cancel before the end of the Initial Term or any Renewal Term or else your credit card will be charged in accordance with paragraph 6c (Pricing, Billing and Payment). The Initial Term and any Renewal Terms shall be collectively referred to as the “Term.” Each Renewal Notice shall be provided to you, approximately thirty (30) days prior to your card being charged which, as described in Pricing, Billing and Payment, will be charged at the end of the then current Term. The Renewal Notice will be sent to the email address you have registered for your account with us and notice of auto renewal will appear in your control panel. It is your responsibility to ensure that the email address and other personal details we hold for you are current at all times.
b) Monthly Subscriptions. All monthly subscriptions will renew automatically each month until you cancel your account.
c) Discount Promotions. If you receive a discount promotion on your Initial Term or first month’s subscription, your Services will automatically renew at the then current non-discounted price listed on our pricing page. You acknowledge, agree, and authorize us to automatically charge the applicable fee to your credit card in accordance with paragraph 6c (Pricing, Billing and Payment).
d) Exceptions to Automatic Renewal. If you are in dispute with us or have previously requested a chargeback that we have successfully challenged, your Services will not automatically renew at the end of your existing service term.
6. Pricing, Billing and Payment
a) Pricing. We offer great service plans and a range of additional services to meet everyone’s needs. Details of our current service plans, and additional devices, are listed on Our Services & Prices page. If you have claimed an introductory or special offer on your initial term, your Services will automatically renew at the then current non-discounted price listed on our pricing page.
b) Billing Process. Our service charges will be calculated based on the service plan you choose, the number of devices you wish to protect plus any charges for additional services you have ordered. If the Services you purchase from us are billed on a monthly basis, you will be billed in full month increments.
c) Payments. You agree to pay us, during the Initial Term or each month as applicable depending on your choice of service plan, all fees for the Services, as set forth on the payments page at the time you order the Services. Prior to expiry of your Initial Term or current Renewal Term, you will receive notice of the amount of fees due for the subsequent term via a Renewal Notice sent to you by email and/ or your control panel. As set out in Term and Automatic Renewal, Renewal Notices will not be provided to you if you are on a monthly plan. You acknowledge, agree, and authorize us to automatically charge the applicable fee to any credit/debit card(s) that has been added to your account, each month or Renewal Term (as applicable), unless you cancel the Services. All charges will be taken on the date of renewal; for example, for monthly subscription plans, your credit card will be charged at the end of your monthly cycle for these Services. If the credit card on file with us has expired or does not permit automatic renewals, you must contact us to renew the Services. If you do not renew your Services within thirty (30) days, your access will be terminated. Once your data has been queued for deletion, it cannot be retrieved by us. You are responsible for ensuring that your billing information provided to us is accurate.
d) Currency. We offer the ability to pay for Services in a number of different currencies. If your local currency is not supported by your account, the price payable for Services will be converted, using the applicable exchange rate, at the time of purchase. In the event of any refund of fees being due to you in accordance with the terms of this Agreement, such refund will be converted using the applicable exchange rate at the time of refund. We are not liable for any discrepancies or shortfalls in these amounts as a result of a change in the exchange rate.
e) VAT. VAT (Value Added Tax) is a tax on consumer pending within the territory of an European Member (E.U.) State. VAT is included in all GBP and Euro prices displayed on the relevant website(s) for the Service(s).
f) Billing Issues and Support. You must notify us about any billing problems or discrepancies as soon as you become aware of them. We will make every effort to assist you with any billing queries, please contact our 24/7 billing support centre. In particular, please always contact us before attempting a chargeback.
7. Cancellation, Termination and Refunds
a. If you choose to cancel your account. You may cancel the Services at any time during the Term, including where there is a change to the Services or this Agreement which you do not agree with by emailing firstname.lastname@example.org. If you choose to exercise this right to cancel, you will be entitled to a refund as follows:
i. If you do choose to cancel your account within thirty (30) days of registering for or renewing your Services, you will receive a full refund of the last payment made.
ii. If you choose to leave after this thirty (30) day period, you will receive a prorated refund of any fees already paid for full months of Services not yet rendered.
iii. We are unable to offer a refund of any fees paid for additional services.
iv. If you choose to leave after this thirty (30) day period as a result of a change to the Services or this Agreement which adversely affects you and which you do not agree with, you will receive a prorated refund of any fees already paid for full months of Services not yet rendered (including fees paid for additional services).
b. Termination by us. We may suspend or terminate your Services if we reasonably believe that (i) you are in breach of the applicable license terms and Use of the Services and Use of the Services, Prohibited Persons and Intellectual Property sections or if you are in material breach of any other section of this Agreement or our Policies; or (ii) if your continued use of the Services may damage, disable or impair our servers or networks. Such termination may be immediate and without notice. You are not eligible for a refund of any amounts paid if we terminate your account in accordance with this paragraph b.
c. Effects of Cancellation or Termination. Upon cancellation or termination: (i) you shall immediately cease any and all use of the Services; and (ii) you will not have access any of our applications.
8. Use of your Personal Information
9. Intellectual Property
All trademarks, service marks or other similar items utilized by the Services are the property of their respective owners, including, without limitation, Protected.net Group Ltd. The ownership of all intellectual property rights relating to the Services shall remain with Protected.net Group Ltd and our licensors. You agree not to take any action to jeopardize, limit, or interfere in any manner our or our licensor's intellectual property rights.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND TO THE EXTENT PERMITTED IN ACCORDANCE WITH APPLICABLE LAW, PROTECTED.NET GROUP LTD AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND FOR THE SERVICES PROVIDED HEREUNDER.
11. Disclaimer & Indemnity
a) You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that we exercise no control over, and accepts no responsibility for, the content of the information as it passes through network hubs and points of presence or the Internet, other than on equipment we control.
b) You agree to indemnify, defend and hold harmless (i) Protected.net Group Ltd, our officers, directors, employees, agents, licensors, suppliers and (ii) any third party providers of information or services to us and each of their respective employees, agents, subcontractors, affiliates and contractors (“Indemnitees”), from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions and License Agreement or your violation of any applicable laws, rules or regulations. In the event that any Indemnitee is subject to any claim for which such entities have the right to be indemnified by you, it will have the right to, at your expense, assume the exclusive defense and control of any such claim, and you will not in any event settle any claim without that Indemnitee’s prior written consent.
12. Limitation of Liability
b) We will have no liability for delays or failures in the Services caused by your failure to comply with the requirements set out in Paragraph 3f (Compatibility with the Licensed Software).
c) The terms of this paragraph shall survive any termination of this Agreement.
13. Assignment and Delegation by Protected.net Group Ltd
We may, in our sole discretion, transfer or assign all or part of our rights under this Agreement, and may novate or transfer all or any portion of our duties and obligations under this Agreement. We may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without your consent. If you do not agree with any transfer or assignment under this paragraph 16, you should discontinue your use of the Services and cancel your account.
14. Assignment and Delegation by You
You may only assign or part with any of your rights under this Agreement following a satisfactory credit check of the person you wish to transfer your rights to and completion by them of our sign-up process. If you wish to transfer your rights to a third party, please contact us.
Notices relating to your Services and the terms of this Agreement will be provided to you via the email address you have registered for your account with us. It is your responsibility to ensure that the personal details we hold for you are current at all times.
16. Entire Agreement
This Agreement (including the items incorporated by reference and modifications that may be made from time to time by us), constitute the entire agreement between Protected.net Group Ltd and you regarding the Services, and supersedes all prior agreements between you and us regarding the subject matters hereof. Any item or service furnished by us in furtherance of the Services shall be covered by this Agreement unless otherwise explicitly provided. Should there be any conflict in terms between this Agreement and any other document, the terms set forth in this Agreement shall govern. Any references that are singular or plural and any references that are masculine, feminine, or neutral in gender, are meant to be used interchangeably as the context of the sentence might imply.
This Agreement will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of this Agreement 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 it valid, enforceable, and consistent with the original intent underlying such provision and (ii) such invalidity or unenforceability will not affect the validity or enforceability of any other provision of this Agreement and all such provisions shall remain in full force and effect.
18. No Waiver
We reserve our rights to take all legal steps available to enforce this Agreement. Our failure to exercise any right or remedy hereunder shall not operate as a present or future waiver of such provision or of our rights to enforce such right or remedy in the future. No waiver of any provisions of this or any other Agreement with us shall be effective unless expressly stated in writing and signed by both parties.
19. Our Contact information
If you have any questions or comments, please contact us at email@example.com or postal mail to:
Protected.net Group Ltd
Parklands Business Park,
United States - 1-844-304-6775
United Kingdom - 0333-370-6568
Europe - 0044-333-370-6568
Australia - 1-800-190-946
Canada - 1-844-304-6775
International - 001-844-304-6775
Protected.net Group Ltd. Company Number 10161957
Last modified on 4.12.18