Terms and conditions for AVG LiveKive™ („the Services“).
These terms and conditions, as updated from time to time by AVG Technologies, (hereinafter the “Agreement”) are incorporated into and made an integral part of the terms and conditions stated in the AVG End User License Agreement (“EULA”) which are accepted upon clicking the “ACCEPT” option or installing the Software and/or your use of the Services.
a. You may be required to download the Software in order to use the Services. In order to back up your data, you need to select the data you wish to backup (“Selected Data”) and the Software will automatically backup any revisions or modifications that you make to the Selected Data provided that the Software is running.
b. AVG Technologies offers (i) AVG Free Services and (ii) AVG Paid Services. The AVG Free Services provides you with a limited amount of storage space as specified at https://www.avg.com. You may upgrade to the AVG Paid Services which provides you with an increased amount of storage space for a yearly or monthly fee at the then current rate listed on the https://www.avg.com official AVG website and as further stated in f) below. The Selected Data is stored redundantly; however, you may not be able to gain access to your Selected Data during scheduled maintenance or other force majeure occurrences.
c. AVG Technologies understands the critical importance of security and privacy and has taken extraordinary measures to protect your Selected Data. When you register for the Services you will choose a personal login in the form of a valid email address (“Username”) a private password (“Password”) and if you choose as additional security your own Secret Passphrase. Your Username and Password are required to access your Selected Data in a readable format. Further, to ensure complete privacy and security, your Secret Passphrase is NEVER stored or known by AVG Technologies. It is therefore extremely important to remember your Passphrase as AVG will not be able to reset your Passphrase or provide access to your Selected Data should you forget it. You may change your password at any time by opening the ‘ACCOUNT’ page in the application. Upon registration, you will also be prompted to create an optional password hint (“Password Hint”). The Password Hint is designed to provide you with enough information to recall your password should you forget it. AVG Technologies will store the Password Hint encrypted and only provide it back to the e-mail address entered on your account at the time of registration. You can retrieve your Password Hint anytime on the AVG Technologies website by clicking on the appropriate link therein.
d. Terms of Service. (i) AVG Technologies reserves the right in its sole discretion to establish general operating practices and procedures to maximize the operation and availability of the Services for the greatest benefit of its customers. If, in using the AVG Free or Paid Services you are deemed to have violated the policies set forth in this Agreement, AVG Technologies reserves the right to freeze, cancel and/or purge your account or Selected Data and shall provide you with written notice via email of your violation so that you may respond to such determination within thirty (30) days (or sooner if required by law). If no response is received by AVG Technologies within thirty (30) days of sending you notice of the violation (or sooner if required by law), and without prejudice to AVG Technologies’ rights under these terms and other available remedies, AVG Technologies reserves the right to immediately restrict, block or terminate your access to or use of the Services and your account without any obligation to provide you any compensation whatsoever in relation to such restriction, blockage or termination. (ii) Upon termination of the Services, the Selected Data shall be stored for your final download and storage elsewhere ninety (90) days from the termination date, upon which time your Selected Data shall be deleted from AVG Technologies’ system. (iii) You acknowledge and agree that your Selected Data may not be available at certain intervals in order for AVG Technologies to perform performance maintenance on its servers, or other reasons beyond the control of AVG Technologies.
e. Registration. In order to access the Services, you must complete the registration process and obtain your personal Username (email address) and Password. In connection with your registration, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form; and (b) maintain and promptly update such information to keep it true, accurate, current and complete. In addition, you may only register for one AVG Free Services account. If you provide any information that is untrue, inaccurate, not current or incomplete, or if you register for more than one AVG Free Services account, AVG Technologies has the right to suspend or terminate your account and refuse any and all current and future use of the Services. In addition, AVG Technologies reserves the right to deny registration to any customer it deems inappropriate to use the Services. By registering for the Services, you represent to AVG that you are of legal age and have the legal capacity to enter into this Agreement. You are solely responsible for maintaining the strict confidentiality of your Username and Password and for any charges, costs, expenses, damages, liabilities and losses, you or AVG Technologies may suffer as a result of your failure to do so. Furthermore, you are entirely responsible for any and all activities that occur under your Username and Password, including any charges for additional storage space, etc., or other charges associated with your account, and for ensuring that use of your account complies fully with this Agreement. You agree to immediately notify AVG Technologies of any unauthorized use of your account or any other breach of security. You are strictly forbidden to use any other customer’s account, at any time, without the permission of the account holder.
f. Payments, renewal, and notices. (i) In addition to these terms, the payments due for the AVG Paid Services are subject to the subscription rates and period chosen during the online order process (or, if applicable, through your AVG account). Upon a successful order or upgrade, you will receive an e-mail confirmation containing the relevant AVG Paid Services subscription, rate and period chosen. To the extent applicable, all payments shall be made by credit card. Payments are due upon account activation and future renewal dates. Services will not be activated until payment is received. The Services for any renewal period will not be provided unless and until AVG Technologies has received payment for such renewal period. Renewal payments shall be automatically charged to your credit card and your account shall automatically renew unless you provide AVG Technologies with notice of your termination of the Services.
(ii) In the event you upgrade the Services for increased backup capacity during a given period, the (pro rata) payment for the remainder of the then current period related to such upgrade shall be due immediately, and the subscriptions charges for the recurring periods shall be due pursuant to the terms of this Agreement. Any downgrades or your notice of termination during a given period will be applied at the end of the next relevant payment period. With reference to b) above and g) below, AVG reserves the right to apply additional charges for your excessive usage of the AVG Paid Services which amounts to (the equivalent of) 15 USD per annum per 10 GB pro-rated for each month of excessive usage and/or to apply a Restriction. You will receive a prior notice of the payment amounts due to AVG. Your failure to remit payment will result in the application of a Restriction or other remedies available to AVG Technologies under this Agreement.
(iii) Notwithstanding the foregoing, should payment in full of any amount owed to AVG Technologies under this Agreement not be received by AVG Technologies within thirty (30) days after such payment has become due, such amounts will thereafter bear interest at the rate 0.05% per day, or the maximum rate permitted by applicable law, whichever is less. If any payment due AVG Technologies is collected at law or through an attorney at law or under advice therefrom or through a collection agency, you agree to pay all costs of collection, including, without limitation, all court costs and reasonable attorneys' fees.
g. Fair usage policy: In order to safeguard the network and facilities as well as to protect against egregious use of the online backup facility your usage will be subject to the terms of Fair Usage and AVG will monitor your usage to ensure compliance. The vast majority of AVG’s customers (that is more than 95%) of this online backup facility will not use the Services excessively. AVG will determine from time to time what is deemed excessive usage in relation to typical uses of the Services. Currently the usage range per customer is estimated well below 500GB of online storage space. This estimate is subject to periodic review based on future consumer behaviour and usage of the Services, and if amended, will be posted on the relevant AVG product specific webpage. In the event you chose an unlimited storage option for the AVG Paid Services, your usage of the Services if in excess of 500GB may at AVG’s sole discretion be subject to additional usage fees, as referenced in f) above and in this paragraph g). Furthermore, the following fair usage criteria shall also apply: as part of the functionality of the Services, you will be able to share your Selected Data with others (“Sharing Function”) subject to the terms of this Agreement. Notwithstanding the foregoing, you agree and understand that the Sharing Function is meant for your personal use only and is not intended for widespread dissemination of your Selected Data. AVG Technologies reserves the right to monitor general system usage and performance to identify excessive use of the Sharing Function. The Sharing Function may be deemed excessive by AVG Technologies if the network traffic greatly exceeds the average usage of the Services by customers generally, resulting in a blocking or a limitation in the Sharing Function (“Restriction”). Such monitoring and any possible Restriction is to safeguard the network and facilities as well as to protect against egregious use of AVG ShareRooms as massive content distribution channels. Without prejudice to g) xii below, the decision and assessment whether or not network traffic exceeds the average usage and any resulting Restriction, or application of additional fees, is solely determined by and at the discretion of AVG Technologies.
Additionally, you may not store, transmit or share through the Services any material, or otherwise engage in any conduct that:
(i) violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights;
(ii) involves uploading, posting, emailing, transmitting or otherwise making available Selected Data that you do not have the right to make available under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements, etc.)
(iii) is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, indecent or obscene;
(iv) victimizes, harasses, “stalks,” degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
(v) harms minors in any way;
(vi) impersonates any person, business or entity (including but not limited to an AVG official), or in any way falsely states or misrepresents your affiliation with a person or entity;
(vii) involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any Selected Data transmitted or shared through the Services;
(viii) contains viruses or any other computer code, files or programs that interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
(ix) disrupts other customers’ use of the Services;
(x) instigates or encourages others to commit illegal activities or cause injury to any person or property damage
(xi) encourages conduct that would constitute a criminal offense or that gives rise to civil liability
In the event AVG Technologies is made aware that any such content may be uploaded using the Services, AVG Technologies reserves the right to block any and all access to such content. Furthermore, AVG Technologies reserves the right to in its sole discretion to determine whether any of the Selected Data falls within the abovementioned prohibited categories.
h. You may not use the Services in any manner that could damage, disable, disrupt, overburden, impair or otherwise interfere with the Services or any servers or networks that you may interact with through your use of the Services, or otherwise interferes with the use or enjoyment of the Services by others. You may not attempt to gain unauthorized access to the Services, other user accounts or any computer systems or networks that are connected to the Services through hacking, password mining or any other means. You may not intentionally compromise the security of your account by publicly disclosing you Username and/or Password. AVG Technologies may pursue any legal and/or technical remedies to prevent the violation of this provision and to enforce this Agreement.
i. No Spam. You are prohibited from using the Services for chain letters, junk mail, spamming, or commercial activities of any kind. You may not harvest information about other customers for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. AVG Technologies reserves the right to terminate your access to or use of the Services immediately and take any other legal action if you, or anyone using your account, violates these provisions. In the event AVG Technologies terminates your access to or use of the Services, AVG Technologies shall follow the procedures set forth in the Terms of Service section (paragraph d) above, with regard to purging any of your Selected Data. AVG Technologies may pursue any technical and legal remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within its systems or communications networks.
j. Third Party Content or Selected Data. You acknowledge that AVG Technologies does not represent or endorse the accuracy or reliability of any content, advice, opinion, statement, suggestion or other information offered by third parties or other customers that is shared or distributed through the Services. Any advice, opinions, statements, suggestions, services, offers or other information or content presented or disseminated by third parties via the Services are those of their respective authors who are solely liable for their content. Your reliance upon any such advice, opinion, statement, suggestion or information shall be at your sole and exclusive risk.
k. Amendments. AVG Technologies reserves the right to update the terms and conditions of this Agreement from time to time by uploading the most recent version onto its official website www.avg.com. You agree to be bound by the most recent version of these terms and conditions as available on www.avg.com, unless you provide AVG Technologies with a written notice notifying AVG Technologies that you do not wish to be bound by such updated terms and conditions. In that case, AVG Technologies reserves the right to immediately terminate this Agreement and the Services, however the relevant clauses relating to your payment obligations, including amounts due but not yet invoiced, survive such termination until payments are received by AVG Technologies in full.
l. Enforcement. AVG reserves all rights in law and equity for the enforcement of the terms and conditions contained herein.