Your use of our Internet site or any of the products or services offered on this site (collectively, the "Services") is subject to these Terms of Use (these "Terms"). We may modify these Terms at any time without notice to you by posting revised Terms on our site. Your use of our site constitutes your binding acceptance of these Terms, including any modifications that we make.

Some of the Services may be subject to additional posted conditions. Your use of those Services is subject to those conditions, which are incorporated into these Terms by reference. In the event of an inconsistency between these Terms and any additional posted conditions, the provisions of the additional conditions shall control.

We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:

1. Restrict, suspend or terminate your access to all or any part of our Services;
2. Change, suspend or discontinue all or any part of our Services;
3. Refuse, move, or remove any content that is available on our site;
4. Establish general practices and limits concerning use of our site.

You agree that we will not be liable to you or any third party for taking any of these actions.

You understand and agree that our Services may include communications such as service announcements and administrative messages from us or from our partners and that these communications are considered part of the Services. You may or may not be able to opt out of receiving these messages. You also understand that our Services may include advertisements.

Content On Our site
Our site include a combination of content that we create and what our partners create. All materials published on our site, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips and flash animation, are protected by our copyrights or trademarks or those of our partners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display or in any way exploit any of the materials or content or our site in whole or in part.

Our site contains content that we create as well as content provided by third parties. This content may include, among other things, product reviews, white papers, and stock quotes. It may also include information about products and services offered by parties other than KEEPMYPCCLEAN.com such as product descriptions, specifications, pricing, availability and performance. We do not guarantee the accuracy, integrity or quality of the content on our site and you may not rely on any of this content. Without limitation, we are not responsible for postings by users in the user opinion, message board or feedback sections of our site.

You may be exposed to content that you find offensive, indecent, objectionable or that is inaccurate and you bear all risks associated with using that content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.

Third-Party site, Products and Services
Our site contain links to other Internet site owned by third parties. Your use of each of those site is subject to the conditions, if any, that each of those site has posted. We have no control over site that are not ours and we are not responsible for any changes to or content on them. Our inclusion on our site of any third party content or a link to a third party site is not an endorsement of that content or third party site.

We do not sell, resell or license any of the products or services that we review, list or advertise on our site, and we disclaim any responsibility for or liability related to them. Your correspondence or related activities with third parties, including payment transactions and goods delivery transactions, are solely between you and that third party. You agree that we will not be responsible or liable for any loss or damage of any sort incurred as the result of any of your transactions with third parties. Any questions, complaints or claims related to any product or service should be directed to the appropriate vendor.

Your Conduct On Our Site
The technology and software underlying our site and the Services is the property of KEEPMYPCCLEAN.com, our affiliates and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in or otherwise transfer any right to the technology or software underlying our site or the Services. You agree not to modify the software underlying our site in any manner or form, or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to our site.

Without limiting the foregoing, you agree that you will not use our site to take any of the following actions:

1. Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others;
2. Publish, post, upload, email, distribute or disseminate (collectively, "Transmit") any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful content;
3. Download any file that you know or reasonably should know, cannot be legally obtained in such manner;
4. Restrict or inhibit any other user from using and enjoying any public area within our site;
5. Interfere with or disrupt our site, servers or networks;
6. Impersonate any person or entity, including, but not limited to, a KEEPMYPCCLEAN.com representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
7. Forge headers, manipulate identifiers or other data in order to disguise the origin of any content transmitted through our site, or to manipulate your presence on our site;
8. Take any action that imposes an unreasonably or disproportionately large load on our infrastructure.
9. Engage in any illegal activities

You agree to use our bulletin board services, chat areas, news groups, forums, communities and/or message or communication facilities (collectively, the "Forums"), only to send and receive messages and material that are proper and related to that particular Forum.

If you choose a username that, in our sole discretion, is obscene, indecent, abusive or which might otherwise subject us to public disparagement or scorn, we reserve the right, without prior notice to you, to automatically change your username, delete your posts from our site, deny you access to our site, or any combination of these options.

Unauthorized access to our site is a breach of these Terms and a violation of the law. You agree not to access our site by any means other than through the interface that is provided by KEEPMYPCCLEAN.com for use in accessing our site. You agree not use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor or copy any part of our site except those automated means that we have approved in advance and in writing.

Use of our site is subject to existing laws and legal process. Nothing contained in these Terms shall limit our right to comply with governmental, court and law enforcement requests or requirements relating to your use of our site.

Requests To Remove Certain Content From Our site
If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please review our copyright notice.

Indemnification
You hereby agree to indemnify, defend and hold KEEPMYPCCLEAN.com, and all of our officers, directors, owners, employees, agents, information providers, affiliates, partners and licensors (collectively, the "KEEPMYPCCLEAN.com Parties") harmless from and against any and all liability, losses, costs and expenses (including attorneys' fees) incurred by any KEEPMYPCCLEAN.com Party in connection with any claim including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement or trademark infringement arising out of:

1. Your use of our site;
2. Your connection to our site;
3. Your violation of these Terms; or
4. Your violation of the rights of any other person or entity.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

Disclaimers
We disclaim any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. We disclaim any responsibility for any harm resulting from downloading or accessing any information or material on the Internet using search results from our site. We disclaim any responsibility for, and if you subscribe to one of our fee-based services you will not be entitled to a refund as a result of, any service outages that are caused by our maintenance on the servers or the technology that underlies our site, failures of our service providers (including telecommunications, hosting and power providers) computer viruses, natural disasters or other destruction or damage of our facilities, an act of nature, war, civil disturbance or other cause beyond our reasonable control.

WE DO NOT WARRANT THAT OUR site WILL BE UNINTERRUPTED OR ERROR-FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON OUR site. OUR site AND THEIR CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH OUR site IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTY THAT (i) OUR site WILL MEET YOUR REQUIREMENTS, (ii) OUR site WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR site WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU PURCHASE OR OBTAIN THROUGH OUR site WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR site, ANY CONTENT OR ANY OUR SERVICES, TOOLS, PRODUCTS OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF OUR site AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.

NEITHER WE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE OUR site, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Arbitration
KEEPMYPCCLEAN.com may elect to resolve any controversy or claim arising out of or relating to these Terms or our site by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California necessary to protect the rights or property of you or KEEPMYPCCLEAN.com (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

Miscellaneous
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our site or delivering them to you through email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we cannot be held liable if we fail to notify you.

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our site or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms, including all terms, conditions and policies that are incorporated into these terms by reference, constitute the entire agreement between you and KEEPMYPCCLEAN.com and govern your use of our site, superceding any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of the State of California, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in San Francisco, California if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.

Updated December 31, 2004