iRemotePC

IMPORTANT - PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. IREMOTEPC service ("Service") is owned and operated by Athivision Inc. ("Athivision"), and is provided to you ("You") under the Athivision terms and conditions ("Terms"). BY PROVIDING YOUR E-MAIL AND PASSWORD (THE AUTHENTICATION PROCESS), YOU REPRESENT AND WARRANT THAT YOU: (i) ARE AUTHORIZED TO SIGN FOR AND BIND THE CONTRACTING PARTY AND (ii) AGREE TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT, INCLUDING THE DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY SECTIONS SET FORTH BELOW. If you do not agree to these Terms you may not use the Service. Athivision Inc, reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms at any time in accordance with the procedures set forth below in the section labeled "Modifications".

1. Registration

To use the Service, You must submit a completed Athivision-iRemotePC registration form ("Registration Form"), which is available after downloading the iRemotePC Software can be downloaded from https://www.iremotepc.com. As part of the registration process for the Service, You agree to:

The information requested at the time of the original signup shall be referred to as registration data ("Registration Data"). If Athivision Inc discovers that any of your Registration Data is inaccurate, incomplete or not current, Athivision Inc may terminate your right to access and receive the Service immediately after a written period of notice. Athivision Inc will review the registration application and will notify you regarding acceptance or rejection. Athivision Inc may reject a registration application if it determines, at its sole discretion that the user is not an appropriate subscriber or user of the Service. Athivision Inc reserves the right to refuse the Service to any user who has canceled previous Service accounts. Athivision Inc need not provide a reason for its rejection. If Athivision Inc rejects Your application, You may thereafter reapply and Athivision Inc will reconsider Your application. You may not register for the Service if You are under 18 years of age. By registering for the Service You represent to Athivision Inc that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process You will have opened an account with Athivision Inc and will become a subscriber to the Service.

2. Description of the Service

IREMOTEPC provides the registered user with remote access to the user’s registered PC(s) from any Web browser. Athivision makes the IREMOTEPC Service available under a number of different subscription plans. Please confirm that the plan provided for which You are registering meets Your needs by reviewing the "product information pages." To use the Service you will need to download "IREMOTEPC" software to each PC that you would like to access remotely. Each PC that you wish to access must also maintain a connection with the Internet in order to be accessible remotely.

3. User Conduct

You are solely responsible for the content of Your transmissions through the Service. Athivsion Inc. does, however, reserve the right to take any action with respect to the Service and/or the Site that Athivision Inc. deems necessary or appropriate at its sole discretion. Your use of the Service is subject to the end user license agreement set forth below and all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree:
You will not attempt to gain unauthorized access to other computer systems and You will not interfere with another user's use and enjoyment of the Service.

4. Modifications

Athivision may amend these Terms at any time by:
You are responsible for regularly reviewing the website to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use the Service and/or access Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, Athivision Inc. reserves the right to modify or discontinue the Service with or without notice to You. Athivision Inc. shall not be liable to You or any third party should Athivision Inc. exercise its right to modify or discontinue the Service.

5. Passwords and Security

As part of the registration process, You must use Your email address as Your user name and choose a password for access to Your account and to Your designated computers. You agree to carefully safeguard all of Your passwords. You are solely responsible if You do not maintain the confidentiality of Your passwords and account information. Furthermore, You are solely responsible for any and all activity that occurs under Your account. You agree to immediately notify Athivision Inc. of any unauthorized use of Your account or any other breach of security known to You, including if You believe that Your password or account information has been stolen or otherwise compromised. Access to and use of password protected and or secure areas of the Site is restricted to authorized users only, unauthorized individuals attempting to access these areas of the Site may be subject to prosecution. Athivision Inc., the creator of IREMOTEPC, will never send you an email asking for your IREMOTEPC username and password or your Windows username and password. To keep your IREMOTEPC remote access secure, keep your usernames and passwords confidential. Please refer to the Privacy Policy of this website for more information.

6. End User License Agreement

THIS END USER LICENSE AGREEMENT IS A RIGHT AND LICENSE ALLOWING YOU TO USE THE SERVICE UNDER CERTAIN RESTRICTIONS, TERMS AND CONDITIONS (THE "LICENSE AGREEMENT"). BY DOWNLOADING THE SOFTWARE OR BY REGISTERING FOR THE SERVICE, YOU ARE CONSENTING TO BE BOUND BY AND ARE A PARTY TO THE LICENSE AGREEMENT. ATHIVISION INC. IS NOT TRANSFERRING TITLE TO THE SOFTWARE TO YOU.

THE SOFTWARE IS MADE AVAILABLE FOR DOWNLOAD SOLELY FOR USE BY YOU ACCORDING TO THE LICENSE AGREEMENT. ANY REPRODUCTION OR REDISTRIBUTION OF THE SOFTWARE NOT IN ACCORDANCE WITH THE LICENSE AGREEMENT IS EXPRESSLY PROHIBITED BY LAW, AND MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES. VIOLATORS WILL BE PROSECUTED TO THE MAXIMUM EXTENT POSSIBLE.

YOU ACKNOWLEDGE THAT THE SOFTWARE DOWNLOADED IN CONNECTION WITH THE SERVICE IS PROPRIETARY TO ATHIVISION AND IS PROTECTED BY COPYRIGHTS, TRADEMARKS, SERVICE MARKS, PATENTS OR OTHER PROPRIETARY RIGHTS AND LAWS. THEREFORE, YOU ARE ONLY PERMITTED TO USE THE SOFTWARE AS EXPRESSLY AUTHORIZED BY ATHIVISION INC. AND THESE TERMS. YOU MAY NOT REMOVE ANY PROPRIETARY NOTICES OR LABELS FROM THE SOFTWARE. YOU MAY COPY THE SOFTWARE FOR ARCHIVAL PURPOSES ONLY, PROVIDED ANY COPY MUST CONTAIN ALL OF THE ORIGINAL SOFTWARE'S PROPRIETARY NOTICES. HOWEVER, YOU MAY NOT REDISTRIBUTE, SELL, AUCTION, DECOMPILE, REVERSE ENGINEER, DISASSEMBLE OR OTHERWISE REDUCE THE SOFTWARE TO A HUMAN-READABLE FORM. FURTHER, IREMOTEPC, ATHIVISION, ASSOCIATED LOGOS, AND OTHER NAMES, LOGOS, ICONS AND MARKS IDENTIFYING ATHIVISION. PRODUCTS AND SERVICES ARE TRADEMARKS OR SERVICE MARKS OF ATHIVISION INC. AND MAY NOT BE USED WITHOUT THE PRIOR WRITTEN PERMISSION OF ATHIVISION. ALL OTHER PRODUCT NAMES MENTIONED ARE USED FOR IDENTIFICATION PURPOSES ONLY AND MAY BE TRADEMARKS OF THEIR RESPECTIVE HOLDERS. YOU MAY NOT, REPRODUCE (EXCEPT FOR ARCHIVAL PURPOSES), DISTRIBUTE OR CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE WITHOUT EXPRESSLY BEING AUTHORIZED TO DO SO BY ATHIVISION. FURTHER, YOU MAY NOT ALTER, MODIFY, OR OTHERWISE ATTEMPT TO DERIVE SOURCE CODE FROM THE SOFTWARE OR RENT, LEASE, GRANT A SECURITY INTEREST IN OR OTHERWISE TRANSFER RIGHTS TO THE SOFTWARE. ALL RIGHTS NOT EXPRESSLY GRANTED IN THESE TERMS ARE RESERVED TO ATHIVISION.

7. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. ATHIVISION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ATHIVISION MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES ATHIVISION MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED (INCLUDING PLUG-INS) THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ATHIVISION OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

8. Limitation of Liability

Athivision Inc. AND ITS SUPPLIERS:
9. Title

The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of Athivision Inc. and others. Nothing contained on this site should be construed as granting, by implication, estoppels, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Athivision Inc. or such third party that may own the Trademarks displayed on the Site. Your misuse of the trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms is strictly prohibited. You are also advised that Athivision Inc. will aggressively enforce its intellectual property rights to the fullest extent of law, including the seeking of criminal prosecution. ALL CONTENT ON THIS SITE IS PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM Athivision Inc.. YOU, OR ANY OTHER VISITOR OR USER ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSE.

10. Termination

These Terms are effective upon signup terminated by either You or Athivision. Athivision may immediately terminate Your subscription and right to use the Service and software if
Athivision shall not be liable to You or any third party for termination of the Service. You may terminate Your subscription and end Your use of the Service at any time, for any reason or for no reason. Upon termination of Your subscription, You shall remain liable for all fees incurred or accrued by You and any fees you may have paid in advance are nonrefundable. Upon expiration or termination for any reason, You are no longer authorized to use the Service or software. When this Agreement is terminated and/or Your subscription is canceled, You will no longer have access to data and other material You have stored on the Site and that material may be deleted by Athivision Inc.

11. Export Law Assurances

The Service and software from this Site is further subject to United States Export Controls. No Service or software from this Site may be downloaded or exported by Anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders.

By subscribing to the Service or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Charges, Returns & Refunds

Your iRemotePC account gives you uninterrupted access to your remote PC once You have provided a valid credit card number. To keep this promise, IREMOTEPC will charge your credit card automatically every month for each monthly subscription, and at the annual renewal date for annual subscriptions. In the event that you do not provide us with a current valid credit card number with sufficient credit upon request during the effective period of this Agreement, you will be in violation of this Agreement, and we may terminate this Agreement with You.

Your subscription will continue and renew automatically unless terminated by Athivision Inc. or until You notify Athivision Inc. of Your decision to change Your subscription renewal. You also are responsible for any fees or charges incurred to access IREMOTEPC.com through an Internet access provider or other third party service. YOU, AND NOT Athivision Inc., ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU. This Agreement is personal to You, and You may not assign Your rights or obligations to anyone.

Refunds will only be given at the discretion of the management of Athivision. If no refund is given, all credit accrued from account changes will be applied towards future payments.

12. Trial Offers

Athivision Inc. reserves the right to discontinue or modify coupons, credits and special promotional offers at our discretion. The Free Trial offer associated with IREMOTEPC entitles new, registered subscribers to a 14 day period of free trial usage of the PREMIUM service. At the end of the trial period (14 days), Trial users will be automatically converted to FREE status. FREE users will have unlimited Remote Desktop Access and File Transfers to any 2 PCs. Paid users will receive unlimited Invite Guests to PC and Share files. If you wish to purchase extra PCs subscriptions, you may do so by clicking the following: Purchase PCs

13. General Terms

This Agreement represents the complete agreement concerning the Terms and license granted hereunder and may be amended only by a writing executed by both parties.

These terms shall be governed by and construed in accordance with the laws of the State of New Jersey and the laws of the United States, without giving effect to any principles of conflict of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Newark, State of New Jersey, and You hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any of the provisions of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each party's successors and assigns. Athivision Inc. shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Athivision Inc.'s reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered:
These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.

You understand and agree that You are solely responsible for periodically reviewing the Terms of Service.

Copyright ©2003-2007 Athivision, Inc.
All rights reserved.