Plan

TERMS OF AGREEMENT

HERE UNDER MENTIONED TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING CUSTOMER’S USE OF www.defencebyte.com.au WEBSITE “www.defencebyte.com.au” IS AN ASSOCIATE OF Defencebyte, Defencebyte.com SERVICES AND CUSTOMERS RELATIONSHIP WITH “Defencebyte” AND “Defencebyte”

CUSTOMERS SHOULD READ THE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INSTRUCTIONS AND INFORMATION - AS OUR RIGHTS TO CHANGE ITS CONDITIONS, HOW LONG IT LASTS, FEES FOR EARLY TERMINATION, LIMITATIONS OF LIABILITY, PRIVACY, AND SETTLEMENT OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT ETC.

IF CUSTOMER ACCEPTS THESE TERMS AND CONDITIONS, IT WILL APPLY TO ALL THEIR SERVICE PLANS FROM “Defencebyte” AND “Defencebyte”, INCLUDING ALL THEIR EXISTING PLANS. CUSTOMERS ACCEPTANCE OF THESE TERMS & CONDITIONS WILL BE IMPLIED BY THE USE OF THE “Defencebyte,” AND “Defencebyte.com” SERVICE.

"AGREEMENT"
THESE TERMS AND CONDITIONS, TOGETHER WITH EACH ACCEPTED PLAN ORDER SUBMITTED BY CUSTOMER, ANY ADDITIONAL TERMS MENTIONED FOR CUSTOMER PLAN ORDER, THE PRIVACY POLICY, REFUND POLICY, DISCLAIMER AND OTHER POLICIES IN FORCE FOR THE TIME BEING STATE THE ENTIRE AGREEMENT BETWEEN CUSTOMERS AND Defencebyte, (www.defencebyte.com.au) (THE "AGREEMENT"). The Plan Order will form the part of the "Agreement" only if the same has been acknowledged by Defencebyte(Defencebyte) in writing or by an e-mail. Customers must agree to the Terms and Conditions in order to be eligible to use the Defencebyte.com portal (defined below), or obtain Services (defined below).

DEFINITIONS
Certain terms defined in these Terms and Conditions are also used in the Terms of Service, Refund Policy, Disclaimer, Referral Policy, Fraud Detection Mechanism, Anti Spam Policy, Security Policy and Privacy Policy and are incorporated by reference to these Terms and Conditions.
"Content"
“Content” refers to Software, Materials, Services and other related information collectively.

"Customer(s)” "customer(s)” “They” “they” ”You" or "you"
Refers to the existing, past or prospective user individually, any person, robot including any employer that he/she/it acting on behalf of.
Secure Credit Card Payment
When purchasing online using your credit card, all of your information is entered into a SSL secure web page. Your information is then SSL-encrypted and sent directly to our credit card provider's network, where your card and transaction is authorized and approved. Your credit card information is not stored on our servers.

"Defencebyte"
“Defencebyte” is used by Defencebyte as its brand and Defencebyte.com represents Defencebyte, its portal www.Defencebyte.com comand all the experts working for Defencebyte and www.defencebyte.com.au.
All references to Defencebyte.com refer to Defencebyte, its owner, directors, officers, employee, experts, affiliates, portals, websites and www.defencebyte.com.au.

"Subscription Based Plans"
"Subscription Based Plans" or "Subscription/(s)" are tenured Subscription plans offered by PC TECH 24 that are active for a specified period and will not include any incident based plans such as "Per Incident Plan" or the like.

"Services" AND "DefencebyteSupport Portal"

"Services" refer to any Defencebyte service delivered through www.defencebyte.com.au, under the plan that customer enter into with Defencebyte.com through use of the Defencebyte’s Website located at www.defencebyte.com.au (the "Defencebyte.com Portal") or by calling the Defencebyte.com phone number mentioned on the Defencebyte.com Portal www.defencebyte.com.au. These Terms of Use govern all plans available through the Defencebyte.com Website, and any use of the Defencebyte.com Portal. In the event of any conflict these Terms of Use control any valid Plan Order form that customer 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 Defencebyte.com Portal are the proprietary and copyrighted work of Defencebyte and/or its suppliers. The definition of "Materials" does not include the design or layout of the Defencebyte web site, www.defencebyte.com.au or any other Defencebyte.com owned, operated, licensed or controlled website.

"Software"
"Software" means a computer program of any kind, whether owned by Defencebyte.com 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. Software includes both Defencebyte Software and third party Software. Customer’s use of Software is subject to the respective agreements such as a license agreement or user agreement that accompanies or is included with the Software, ordering documents, exhibits, and other terms and conditions that apply ("License Terms").

SUBMISSION OF PLAN ORDERS; SERVICE PLANS

Customer may order Services by submitting Plan Orders through the Defencebyte.com Portal or by calling Defencebyte. Once Defencebyte.com accepts the Plan Order submitted by Customer, then they will receive an email from Defencebyte.com at the email address that Customer provide or have provided to Defencebyte.com as part of the Registration Process for the Services. Defencebyte.com is not responsible for rendering Services in connection with any Plan Order that it has not accepted. Upon acceptance by Defencebyte.com of a Plan Order, Customer will have a Service Plan.

UNDERTAKING
Subject to the Terms and Conditions, and other terms specific to each Service Plan, Defencebyte.com will address Customer query using commercially reasonable efforts in providing appropriate solutions under the Services. In most cases, Defencebyte.com will attempt problem diagnosis and a solution through chat, email or other means as it deems most appropriate under the circumstances including remote access. Customer understand that if remote access is used on Customer computer there will be no residual software from the remote session; however, there may be a text file placed on Customer computer that will explain the work that was done on Customer computer. If such a text file is placed on Customer computer, Customer has the option to either save the file for future reference or to delete it from Customer computer. All undertakings under Service Plans are subject to Defencebyte’S Limited Warranty, which is set forth below. For more information, please refer to online documentation or call us at 1800 244 918. Customer are agree to pay all Services Fee and any other applicable fee/charges as set out in the relevant Plan Order in accordance with the Payment Terms provided below.

PAYMENT
Services against any Plan Order will be available once Customer has made payment for Services according to the requirements of the corresponding Plan Order. All payments against the plan orders will be collected by Defencebyte.com on behalf of Defencebyte. Defencebyte.com has no obligation to render Services under any Service Plan if the payments as required under any Plan Order have not been made.

Customer understand that certain Service Plans may have fee including, but not limited to "Service Fee" and/or "Activation Fee" payable either on an annual basis ("Annual Payment Plan") or on a monthly basis ("Recurring Payment Plan"). Subject to the applicable Term Plan, all payments under the Annual Plan shall be made upfront at time of commencement of the subscription cycle. For payments under the Recurring Payment Plan, apart from the monthly installments of the Service Fee, payable over a one (1) year payment term, Customer shall be charged an additional non-refundable Activation Fee at the time of registration, as specified in the Plan Order. The fee (including Activation Fee) will not be refunded in case of cancellation of the Service Plan unless otherwise stated in the Plan Order. All fee under this clause or a relevant Plan Order, is payable at the time of commencement of the Service Plan.

When Customer purchased the Service, Customer agreed to a specific price and plan, where such plan maybe for a term of one OR two years ("Term Plan"). All terms of Service Fee and/or any other fee payable under any mode of payment for a Subscription shall be set forth in the applicable Plan Order. Similarly, some plans may offer a discount on the Service if Customer sign up for other Defencebyte.com services ("Bundle Discount"). Customers are agreeing to maintain Customer Service and the bundled services for the applicable term. If Customer signed up for a Term Plan or a Bundle Discount, the price available with those plans is valid until one of the following occurs: (1) the Term Plan expires; (2) Customer drop one of the Defencebyte.com services Customer were required to purchase to receive the special rate as notified to Defencebyte; or (3) Customer terminate the agreement/Service Plan before the expiry of the relevant term.

Credit Card, Debit Card, Internet banking and IVR Billing.

Customer may be asked to provide us with a Credit Card, Debit Card and internet banking details from a card issuer that we accept in order to activate Customer Service. The Customer hereby authorizes Defencebyte.com to charge and/or place a hold on Customer Credit Card, Debit Card and internet banking details with respect to any unpaid charges for Services or any related equipment. Customer authorize the issuer of the Credit Card, Debit Card, internet banking to pay any amounts described herein without requiring a signed receipt, and Customer agree that these charges are to be accepted as authorization to the issuer of the Credit Card, Debit Card, internet banking to pay any amounts described herein without requiring a signed receipt, and Customer agree that these charges are to be accepted as authorization to the issuer of the Credit Card, Debit Card and internet banking details to pay all such amounts. Customer authorize Defencebyte.com and/or any other company who bills products or services, or acts as billing agent for Defencebyte.com to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to Customer Credit Card, Debit Card and internet banking until such amounts are paid in full. Customer agree to provide Defencebyte.com with updated Credit Card, Debit Card, internet banking information upon Defencebyte’S request and any time the information Customer previously provided is no longer valid. Customer acknowledge and agree that neither Defencebyte.com nor any Defencebyte.com affiliated company will have any liability whatsoever for any non-sufficient funds or other charges incurred by Customer as a result of such attempts to charge, and/or place holds on, Customer Credit Card, Debit Card and internet banking. If Customer mistakenly provide any card number, instead of a Credit Card, Debit Card, internet banking number, Customer authorize all charges described herein to be applied to such card unless and until Customer provide a Credit Card, Debit Card, internet banking number. In the event Customer are enrolled, or later enroll, in an automatic payment or electronic funds transfer plan, Customer agree that all sums described herein may be charged, at Defencebyte’S option, to the account number provided for such automatic payment or electronic funds transfer plan. When payment is made by Credit Card, Debit Card, internet banking, payment will also be subject to the terms and conditions established by the credit or debit card issuer.

RENEWAL POLICY

Customer agrees and acknowledges that a Subscription under the Recurring Payment Plan will automatically renew for a month, unless notified otherwise by Customer ("Auto Renewal"). However, a Subscription under the Annual Payment Plan does not automatically renew and expires at the end of the applicable Term Plan.

Customer Credit Card, Debit Card, internet banking will be charged with the amount of the then prevailing subscription charges as per the payment option that Customer selected at the time of registering with Defencebyte.

If Customer would like to opt out of the Auto Renewal, please call us at 1-877-509-6418 and speak with one of our customer service representative at least 15 days prior to Customer subscription end date to discontinue Customer service.

REFUND POLICY

For subscription based plans; a full refund will be issued if Defencebyte.com has not been able to resolve even a single issue for you within the first 10 days of the subscription.

If there are one or more resolved issues, the fees for the Subscription Service will not be refundable. Notwithstanding this Defencebyte.com may, at its sole discretion and on a case by case basis, agree to a refund of Subscription fees after deducting charges for servicing the Customer.

For incident based plans, you will be eligible for refund when any of the following criterions are met:

• Issue was not resolved till the time account was active and you have all the prerequisites which were required to resolve the problem.
• The issue is out of scope for the particular plan.
• 10 days have not passed after the issue was last worked upon by anDefencebyte.com technician.

PRIVACY POLICY

The Defencebyte.com Privacy Policy which is an integral part of these Terms and Conditions is incorporated here.
This privacy policy tells you how we use personal information collected at this site. Please read this privacy policy before using the site or submitting any personal information. By using the site, you are accepting the practices described in this privacy policy. These practices may be changed, but any changes will be posted clearly on the website. You are encouraged to review the privacy policy whenever you visit the site to make sure that you understand how any personal information you provide will be used.
Note: The privacy practices set forth in this privacy policy are for this website only. If you link to other web sites, please review the privacy policies posted at those sites. By visiting this website and requesting information, products or services thereon, you agree to be bound by the terms and conditions of this privacy policy. Please check back frequently for updates as it is your sole responsibility to be aware of changes. You do not agree with the terms of this privacy policy please do not provide any information to us or use any of the services or products offered or provided on any of the web sites referred to in this privacy policy.

Collection of Information

We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. The registered members of our website are automatically added to our site announcement mailing list. You as a subscriber of the mailing list have the option to opt out of these mailing list by clicking on the unsubscribe link in any of the newsletter sent to you. The unsubscribe process is automatic and immediate. This site uses a tool which collects your requests for pages and passes elements of them to search engines to assist them in indexing this site. We control the configuration of the tool and are responsible for any information sent to the search engines.

Cookie/Tracking Technology

The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the Services, Materials and Software are solely for Customer personal and non-commercial use in addressing matters covered by Customer Service Plan. Customer may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, modify, create derivative works from, transfer, distribute or sell any information, software, products or services obtained from the Services, Materials, or Software. Any Services, Materials, and Software are available only in connection with Services under a valid Service Plan.

NO UNLAWFUL OR PROHIBITED USE

As a condition of Customer use of the Defencebyte.com Portal or any Services, Customer will not use the Materials, Software or Services for any purpose that is unlawful or prohibited by these Terms of Use. Customer may not use the Services, Materials, or Software in any manner that could damage, disable, overburden, or impair any Defencebyte.com server, or the network(s) connected to any Defencebyte.com server, or interferes with any other party's use and enjoyment of any of the Defencebyte.com Portal, the Materials, Software or Services. Customer may not attempt to gain unauthorized access to any Defencebyte.com Portal, the Materials, Software or Services, other accounts, computer systems or networks connected to any Defencebyte.com server or to any of the Defencebyte.com Portal, the Materials, Software or Services, through hacking, password mining or any other means. Customer may not obtain or attempt to obtain any Defencebyte.com Portal, the Materials, Software or Services or information through any means other than that specifically permitted to Customer under a Plan Order.

FAIR USAGE POLICY; SUSPENSION OR TERMINATION OF SUBSCRIPTION:

Though Defencebyte.com has no limits on the amount of online support requests a Subscription based plan user may make during the subscription period, however, each Subscriber's use of the support services for the subscription based plans are subject to Defencebyte’S "fair use" policy. Under this policy, if at any time, in Defencebyte’s sole discretion, a subscription based plan user is found to be abusing the service by exceeding the level of use reasonably expected from someone using a Subscription based Plan for individual use, and then Defencebyte.com reserves the right to suspend or terminate Subscriber's Subscription Services. In addition, Defencebyte.com reserves the right to suspend or terminate any Subscription Services of any Subscriber that Defencebyte, in its sole discretion, determines are being used (a) fraudulently, (b) by any person other than Subscriber, or (c) for any computer system other than a Registered System. User may terminate the Service at any time by giving written or electronic notice to Defencebyte; provided, however, that User will not be entitled to a refund of any fees prepaid by User for the Service.

COMMUNICATIONS SERVICES

Defencebyte.com may provide Customer 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 Customer to communicate with Defencebyte.com employees and others as appropriate to Customer 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.

USE OF COMMUNICATION SERVICES

Customer agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, Customer agrees that when using the Communication Services, Customer will not:
1. Use the Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
2. Defame abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
3. Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
4. Upload, or otherwise make available, files that contain images, photographs, service or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless Customer own or control the rights thereto or have received all necessary consent to do the same.
5. Use any material or information, including images or photographs, which are made available through the Materials in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
6. Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar service or programs that may damage the operation of another's computer or property of another.
7. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
8. Download any file posted by another user of a Communication Service that Customer know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
9. Falsify or delete any proprietary rights notices, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of service or other material contained in a file that is uploaded.
10. Restrict or inhibit any other user from using and enjoying the Communication Services.
11. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
12. Harvest or otherwise collect information about others, including e-mail addresses.
13. Violate any applicable laws or regulations.
14. Create a false identity for the purpose of misleading Defencebyte.com or others.
15. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Materials or other user or usage information or any portion thereof.

Defencebyte.com has no obligation to monitor the Communication Services. However, Defencebyte.com reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Defencebyte.com reserves the right to terminate Customer access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

Defencebyte.com reserves the right at all times to disclose any information as Defencebyte.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Defencebyte' s sole discretion.

Any materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; Customers are responsible for adhering to such limitations if Customer downloads the materials.

LINKING

Customer may not create hyperlinks to any portion of the Defencebyte.com Portal, nor any Materials or Software posted therein.

INDEMNITY

Customer agree to indemnify, defend, and hold Defencebyte, its subsidiaries, affiliates, officers, directors, employees, agents, licensors, consultants, suppliers, and any third-party Web site providers harmless from and against all claims, demands, actions, liabilities, losses, expenses, damages, and costs, including actual attorneys' fees, resulting from Customer violation of the material terms of these Terms of Use, any misuse or abuse of a Service, any use of the Service that amounts to infringement, or infringement by any other user of Customer account of any intellectual property or other right of Defencebyte.com or any other third party. Customer will cooperate as fully as reasonably required in Defencebyte’S defense of any claim. Defencebyte.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Customer and Customer shall not in any event settle any matter without the written consent of Defencebyte. Customer agrees immediately to notify Defencebyte.com of any unauthorized use of Customer account or any other breach of security known to Customer.

GUESTS; LIMITED LICENSE TO USE OF Defencebyte.com PORTAL

If Customer are not currently subscribed for a Service, then Customer are regarded as a "Guest". Usage of the Defencebyte.com Portal by current Defencebyte.com customers outside of the scope of a Service specified under an applicable Plan Order is also treated as a "Guest".

As a Guest Customer may use the Defencebyte.com Portal and Materials specifically designated as available to guests on the Defencebyte.com Portal for the limited purposes of (a) deciding whether to subscribe to the Services provided by Defencebyte, (b) registering with Defencebyte.com and submitting Plan Orders only. The foregoing license grant is a non-exclusive revocable license.

LIMITED LICENSES TO USE THE Defencebyte.com PORTAL, MATERIALS AND SOFTWARE

As permitted through a Service, Customer may use Materials and Software posted on the Defencebyte.com 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 Defencebyte.com Portal, Services, Materials or Software, other than as explicitly permitted by Defencebyte.com is prohibited. Rights to execute, copy, modify, display, transmit, distribute, manufacture, use, sale are all reserved to Defencebyte.com and its suppliers. Reverse engineering and de-compilation of the Software is strictly prohibited.

USER RESPONSIBILITY

In connection with obtaining Services, Customer agrees that Customer will:
1. Cooperate with the Defencebyte: We will use commercially reasonable efforts to provide the support to Customer. Our experience shows that most issues can be corrected as a result of close cooperation between Customer and the Defencebyte. Please listen carefully to and follow these instructions. Customer must confirm that the following conditions are true:
a. 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;
b. Customer must have knowledge regarding the hardware system, any software involved, and in the facts and circumstances surrounding the incident;
c. The full system, including software and hardware, is available to Customer and accessible by Customer without limit during any telephone discussions with Defencebytesupport personnel.
2. Software/Data Backup: Customer understands and agrees that Defencebyte.com shall under no circumstance be responsible for any lost or corrupted software or data. Defencebyte.com strongly recommends that Customer at all times maintain a complete data backup and disaster recovery plan.
3. Account, Password, and Security: For Customer to submit a Plan Order, Customer must complete the Registration Process by providing us with current, complete and accurate information as prompted by and required under the applicable Registration Form. Customer also will choose a password and a user name. Customers are solely and entirely responsible for maintaining the confidentiality of Customer password and account. Furthermore, Customers are solely and entirely responsible for any and all activities that occur under Customer account. Customer agrees to notify Defencebyte.com immediately of any unauthorized use of Customer account or any other breach of security. Defencebyte.com will not be liable for any loss that Customer may incur as a result of someone else using Customer password or account, either with or without Customer knowledge. However, Customer could be held liable for losses incurred by Defencebyte.com or another party due to someone else using Customer account or password. Customer may not use anyone else's account at any time, without the permission of the account holder.

AVAILABILITY OF SERVICES AND MATERIALS UNDER FORCE MAJEURE CIRCUMSTANCES

Customer hereby acknowledge that circumstances outside of Defencebyte’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 Defencebyte’S ability to schedule a support session. Customer hereby release Defencebyte.com from any and all liability, and agree that Defencebyte.com shall not be liable to Customer or any third party for any direct or indirect damages whatsoever, resulting from such delays.

Defencebyte.com 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:
1. any item or activity not covered by the terms of a Plan Order;
2. service beyond the duration limitations identified in Customer Plan Order;
3. problem diagnosis and support that may not be completed because of a problem with Customer computer or other equipment, or their configuration that is beyond our control;
4. Software, including the operating system and software added to the registered hardware products which are out of scope for the Service Plan;
5. Problems that may and do result from:
a. External causes such as accident, abuse, misuse, or problems with electrical power;
b. Usage that is not in accordance with product instructions provided by manufacture;
c. Failure to follow the product instructions provided by manufacture or failure to perform preventive maintenance; or
d. Problems caused by using accessories, parts, or components not compatible with the product.
e. Non Compliance with the Defencebyte.com instructions for resolving the query.

NOTICE SPECIFIC TO MATERIALS AND SOFTWARE AVAILABLE ON THE Defencebyte.com PORTAL, OR THROUGH A SERVICE

For Customer convenience, Defencebyte.com may make available Materials or Software (as each term is defined above) 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 use by Customer 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 Defencebyte.com Web site may be copied or retransmitted unless expressly permitted by Defencebyte.

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) – GENERALLY

In connection with our Service, we may provide to Customer, the use of certain software which is owned by Defencebyte.com 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 Customer agree to cooperate in performing such steps as may be necessary to install any updates or upgrades to the Software. Customer 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 Defencebyte.com or a third party. Customer use of the Software is governed by the terms of that license agreement and by this Agreement, where applicable. Customer may not install or use any Software that is accompanied by or includes a EULA unless Customer first agrees to the terms and conditions of the EULA.

EULA FOR Defencebyte.com SOFTWARE

With regard to any Software made available to Customer by Defencebyte.com through the Defencebyte.com Portal for which Customer acceptance of a separate license agreement is not required ("Defencebyte.com Software"), Customer are hereby granted a revocable, non-exclusive, non-transferable license by Defencebyte.com to use the Defencebyte.com Software (and any corrections, updates and upgrades). In accordance with and as required under the Service Plan Customer shall not make any copies of the Defencebyte.com Software. Customer agree that the Defencebyte.com Software is the confidential and proprietary information of Defencebyte.com or its third party licensors, providers or suppliers, and which Customer shall not disclose to others or use except as expressly permitted herein. Customer may not de-compile, reverse, disassemble, attempt to discover any source code or underlying ideas or algorithms of the Defencebyte.com Software, or otherwise reduce the Defencebyte.com 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 Defencebyte.com Software to any third party. Customer 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. Customers are not granted any title or rights of ownership in the Defencebyte.com Software. Customer acknowledge that this license is not a sale of intellectual property and that Defencebyte.com 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 Defencebyte.com Software and related documentation, as well as any corrections, updates and upgrades. The Defencebyte.com Software may be used only in the country of residence at the time of acceptance of these terms for use of the Defencebyte.com Software. Export of the Defencebyte.com Software is strictly prohibited.

THIRD PARTY PRODUCTS

As part of the Services, Defencebyte.com may suggest that Customer acquire, install and use certain third party software or services ("Third Party Software"). Third Party Software is licensed to Customer by the respective owners or licensees of the Third Party Software. Customer must agree to the terms and conditions set forth by such owners or licensees before installing Third Party Software, whether Defencebyte.com assists Customer in the acquisition, installation, and/or use of Third Party Software. Defencebyte.com has no responsibility or rights to the Third Party Software and does not license Third Party Software to Customer or make any representation or warranty regarding the Third Party Software.

Customer license to the Defencebyte.com Software shall remain in full force and effect unless and until terminated by Defencebyte, its third party licensors, providers or suppliers, or until Customer Service Plan is terminated as provided by Customer Plan Order and these Terms and Conditions. Upon termination of Customer Service Plan for any reason, Customer must cease all use of the Service Plan and the Defencebyte.com Software and immediately delete the Defencebyte.com Software from Customer computer.

To the extent that we provide technical assistance and support for Third Party Software or equipment, Customer must ensure that Customer comply with the terms and conditions under which Customer licensed such Third Party Software or purchased such equipment. We make no representation or warranty that we are an authorized service provider for Third Party Software or for any equipment; it is Customer sole responsibility to determine if Customer require additional rights for us to provide such support and if so, to acquire such rights. Customer acknowledges 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, Defencebyte.com may suggest certain third party services to Customer. If Customer choose to subscribe to or otherwise use any third party services, Customer use of any such services is subject to the terms of service of such third party service provider. Customer agrees 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 Customer and Customer use of them. Third party services include, but are not limited to technical support, portal, training, music, gaming and storage services that Defencebyte.com may elect to make available from time to time. Violation of such third party provider's terms of service may, in Defencebyte’S sole discretion, result in the termination of customer account and use of service.

LIMITED SERVICE WARRANTY

Defencebyte.com 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 CUSTOMER ARE NOT SATISFIED WITH THE SERVICES, CUSTOMER SOLE REMEDY IS TO (A) ALLOW Defencebyte.com TO REPERFORM THE SERVICES SUBJECT TO DISPUTE, (B) RE-DOWNLOAD AND REINSTALL THE SOFTWARE.

Defencebyte.com 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. Defencebyte.com AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED 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. Defencebyte.com 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 Defencebyte.com AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA REVENUE OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, INCURRED BY CUSTOMER OR ANY THIRD PARTY, WHETHER 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 Defencebyte.com be liable to Customer in excess of the amounts actually paid by Customer to Defencebyte.com under the Plan Order that is the subject of the dispute.

LIMITATIONS ON ACTIONS

Any cause of action by Customer must be commenced within one (1) year after the cause of action arose or it shall be forever waived and barred.

TERM AND TERMINATION

Defencebyte.com at its sole election may terminate or suspend Customer Service immediately without notice if, in the sole discretion of Defencebyte: (a) Customer 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; (b) Customer use of the Service is prohibited by law or is disruptive to, adversely impacts or causes a malfunction to the Service, Defencebyte’S network, or the use and enjoyment of Defencebyte’S other users; (c) Defencebyte.com receives an order from a court to terminate the Service Customer are availing ; (d) if Defencebyte.com for any reason ceases to offer the Service; (e) if Customer are no longer a Defencebyte.com customer, or (f) Defencebyte.com determines that Customer are abusing the Service. Defencebyte, in its sole discretion, may refuse to accept Customer request for the Service, renewal or re-subscription following a termination or suspension of Customer use of the Service. SEVERABILITY; WAIVER

If any provision of the Terms of Service be 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. Defencebyte’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 Defencebyte.com Portal is available internationally and may contain references to Defencebyte.com products, services, and programs that are not available in a viewer's country. These references do not imply that Defencebyte.com intends to make such products, services, or programs available in such country.

MODIFICATION

Defencebyte.com reserves the right to amend the Terms and Condition, and the Defencebyte.com Portal at any time by (a) posting a revised version of the Terms and Conditions on the Defencebyte.com Portal (http://www.defencebyte.com.au), or by (b) sending information regarding any amendment to the Terms of Service to the email address Customer provide to Defencebyte.com in connection with registration. Customers are responsible for regularly reviewing the Defencebyte.com website to be notified of any amendments to the Terms and Conditions.

LAW AND JURISDICTION

United States Law governs these terms and conditions and Customer agree to submit to the exclusive jurisdiction of the United States courts.

If user has any questions about the Policy at our Web site, user can e-mail user inquiries to support@defencebyte.com.au
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