VirusInterceptor™ Service Agreement
IMPORTANT – PLEASE READ THESE TERMS CAREFULLY BEFORE SUBSCRIBING TO CALIBRE’S VIRUSINTERCEPTOR™ SERVICE (“SERVICE” OR “SERVICES”). BY SUBSCRIBING TO OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT, AND THAT YOU AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THE TERMS HEREIN, DO NOT SUBSCRIBE TO OR USE THE SERVICES.
This Agreement (“Agreement”) is made by and between you (“you,” “your,” or “Subscriber”) and Calibre Computer Solutions, LLC (“Calibre”), with offices located at 405 W. State St., Suite 2, Princeton, Indiana 47670.
The Services: Calibre’s VirusInterceptor™ services include basic monitoring, preventative maintenance, and virus protection services. Such monitoring and preventative maintenance services include the following:
- Perform regular clean-up of temporary files and Internet debris;
- Monitor hard drive health status to warn against potential failure;
- Secure your PC against viruses, spyware, Trojan horses, worms and other undesirable programs and files through the installation of an antivirus software solution;
- Secure your PC against phishing and other malicious websites by blocking such websites using DNS filtering services;
- Regularly install updates for certain Microsoft and other software programs as deemed necessary by and made available to Calibre by certain software manufacturers. NOTE: Not all software programs installed on your computer can be updated via the VirusInterceptor™ Service. Contact our office for an up-to-date list of software programs that are included in the regular updates.
Service Exclusions: The VirusInterceptor™ service is a monitoring- and patch management-only service. It does not include any labor, hardware or software, shipping charges, applicable taxes on such labor, hardware or software, or any other charges, to remedy any computer problems, except for virus infections. This includes, but is not limited to, problems discovered through the VirusInterceptor™ monitoring service or as a result of a patch or update installed using the VirusInterceptor™ service.
Clients enrolled in the VirusInterceptor™ service are eligible for the Virus-Free Guarantee, explained later in this Agreement, which grants certain and explicit exceptions to this Service Exclusion clause.
Availability of Services: Subject to the terms and conditions of this Agreement, Calibre shall attempt to provide services 24 hours a day, seven (7) days a week, 365 days per year. You agree that from time to time Calibre’s services may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment failures, (2) periodic maintenance procedures or repairs which Calibre or its providers may undertake, (3) causes beyond the control of Calibre or which are not reasonably foreseeable by Calibre, including without limitation, interruption or failure of telecommunication or digital transmission lines, hostile network attacks, network congestion or other failures.
Fees: In consideration for Calibre providing its services, you agree to pay Calibre a one-time set-up fee and recurring service fee, as well as any applicable federal, state and local taxes. These fees relate to a single personal computer only. Additional fees are required for additional computers, to transfer this service to a different computer, or to reconfigure a computer in the event of a hardware or software failure. Calibre reserves the right to increase the fees at any time and the increased fees shall only be posted on the Calibre website (http://www.calibre-cs.com), which you should review from time to time. The fees do not include the cost of any labor, hardware, software, shipping charges, or any other costs not specifically outlined in this Agreement.
Payments: You agree to provide and maintain a valid debit or credit card on file with Calibre to purchase service. Your first payment will include, along with applicable service fees and taxes, a one-time setup fee. Your debit or credit card will be charged according to the payment frequency you selected at the time of enrollment – monthly, quarterly, every six months, or annually. You agree to keep a valid debit or credit card on file with Calibre throughout the term of this Agreement. If Calibre is unable to charge your debit or credit card, Calibre will attempt to contact you via email or telephone to obtain a valid debit or credit card. If no valid debit or credit card is obtained within five (5) business days from the date of first attempt to contact you, you will have been deemed to have cancelled your service, invoking the “Cancellation Policy” section of this Agreement.
If for any reason Calibre is unable to charge your debit or credit card for any fees due, Calibre may pursue all available remedies in order to obtain payment, including turning your account over to a collection agency or filing a small claims case. In addition, Calibre is entitled to recover any sums expended in connection with the collection of fees, including reasonable collection agency fees, attorney’s fees, court costs and actual Calibre staff salaries for time associated with the collection of fees.
Term of Agreement and Service Renewal: Your initial service Agreement is for one year. Unless Calibre receives written notification from you at least fifteen (15) calendar days prior to the expiration of your current term, your service will be automatically renewed for a subsequent term of the same period at the then-current rates.
Cancellation Policy: You agree this service Agreement is for the term to which you subscribed. If you terminate this Agreement prior to the end of your initial term, you agree to pay a cancellation fee of $79. However, no refunds shall be given for unused service.
After your initial term has been satisfied, you may terminate this Agreement at any time without incurring a cancellation fee, provided you give Calibre at least a fifteen (15) calendar day written notification. Your service will continue until the last day of your current term. No refunds shall be given for unused service. If less than fifteen (15) calendar day notice is received requesting cancellation, client agrees to pay a $79 cancellation fee.
If you choose to cancel your service, you agree to allow Calibre to access your computer(s) and network to uninstall any software and reverse any configurations that were used as part of the VirusInterceptor™ service. You acknowledge that this may leave your computer and other equipment without adequate systems for updates to operating systems, software and virus scanning programs. Calibre shall not be held responsible for any damages or consequences resulting from the removal of any software or reversal of any configurations from your computer or network.
Termination: This Agreement shall continue in effect until you are no longer a client of Calibre, either by your cancellation of the service or by termination of service by Calibre. Calibre, in its sole discretion, may terminate or restrict your use or access to the Calibre services for any reason and without notice, including, without limitation, if Calibre believes you have violated or acted inconsistently with the letter or spirit of this Agreement, or if you are in breach of the terms of this Agreement or any of the payment terms. You agree that Calibre shall not be liable to you or any third party as a result of Calibre suspension of termination of services. Upon termination, you agree to allow Calibre to access your computer(s) and network to uninstall any software and reverse any configurations that were used as part of the VirusInterceptor™ service. You acknowledge that this may leave your computer and other equipment without adequate systems for updates to operating systems, software and virus scanning programs. Calibre shall not be held responsible for any damages or consequences resulting from the removal of any software or reversal of any configurations from your computer or network.
Monitoring and Remote Access Software: You grant Calibre permission to install all remote monitoring, remote access and all other software deemed necessary by Calibre in order to provide the services to which you have subscribed. Calibre agrees not to knowingly transmit to your computer any virus, worm, Trojan-horse, sniffer, or other code designed to disrupt the functionality or availability of any of your computer systems, programs or databases. In fact, it is Calibre’s intention to eliminate these nuisances.
Remote Access: You acknowledge and agree that Calibre may remotely access your computer at any time without notification to you and check the software, databases and/or its components that you are utilizing and may provide upgrades or fixes to the software that are installed on your computer. You understand that Calibre may access personal information on your computer or information related to your computer; however, Calibre shall use commercially reasonable efforts to maintain the confidentiality of any information viewed by Calibre on your computer, except as required by law. Moreover, Calibre shall provide you with a function to automatically terminate Calibre access to your computer at any time. Calibre may use third parties to perform any of the services as long as the third parties conform to the terms of this Agreement.
DNS Services: As part of the VirusInterceptor™ service, Calibre will need to reconfigure your DNS settings to point to certain name servers to accept, process and resolve DNS queries. Calibre may re-direct or terminate certain web traffic that Calibre, in its sole discretion, determines or considers to be harmful or invalid. By subscribing to the service, you provide Calibre permission to reconfigure your DNS settings and enforce the redirection or termination of your web traffic.
Additionally, you understand that by reconfiguring the DNS settings, Calibre may obtain information identifying which websites you have visited while on the Internet, when they were visited and the frequency. Calibre shall use commercially reasonable efforts to maintain the confidentiality of any information viewed by Calibre obtained through the DNS reconfiguration, except as required by law.
Virus-Free Guarantee: Subscription to the VirusInterceptor™ service includes a limited guarantee that the Subscriber’s computer will remain virus-free while actively subscribed to the VirusInterceptor™ service. The guarantee covers the repair of certain damage that could occur to a computer as a result of a virus or malware infection. To qualify, each subscribed computer, prior to subscription in the plan, must have:
- The minimum system requirements to install and run the monitoring and remote access software, and
- A Calibre system scan run to verify that the computer is free from viruses and malware.
The guarantee does not apply if a computer:
- Is unable to access the Internet,
- Has pre-existing virus or malware infections,
- Does not have the Calibre monitoring and remote access software installed and operating in the correct functional state,
- Does not have the Calibre virus protection software installed and operating in the correct functional state, including having the latest virus definition updates installed, and
- Does not have the properly configured DNS settings as required by the VirusInterceptor™ service.
After subscribing to the VirusInterceptor™ service, you must, on each subscribed computer:
- Keep all Calibre monitoring, remote access, and virus protection software operating in its normal and enabled mode,
- Not disable or remove any or all of the Calibre monitoring, remote access and virus protection software, and
- Keep the DNS configuration settings unchanged in either your computer and/or router once they are initially configured by Calibre. This includes NOT hard-resetting your router under any circumstances.
The virus-free guarantee excludes all damage caused by a hardware failure or caused by non-virus or non-malware software.
The guarantee is limited to the lesser of: (1) $200 or (2) the actual cost of a Calibre-specified and authorized provider to repair the computer to an operating condition (“Guarantee Limit”). The virus-free guarantee is limited to repairing the computer to an operational state and excludes all claims for lost or expected profits, lost or corrupted data, lost or deleted work, or lost or damaged personal files. Calibre does not guarantee against the loss of any file or information. The guarantee is void if you breached this Agreement, failed to follow the procedures described in this section, or failed to pay any fees applicable to your use of the service.
If a computer qualifying for the virus-free guarantee becomes infected with a virus or malware, you must take the following steps: (1) backup all data on the computer (NOTE: If you request Calibre to perform the data backup service, you will be billed for the data backup service.), (2) promptly contact Calibre via phone or email, and (3) promptly schedule an in-shop service appointment for a Calibre technician to perform the virus/malware removal service.
Calibre only provides remediation services in-shop and you must be able to bring the computer to our shop in order to use the limited guarantee. Damage to a computer by anything other than viruses or malware is not covered by the limited guarantee, nor is backing up or restoring any of your data files. The only service covered by the limited guarantee is the Virus and Malware Removal Service. Other services performed while your computer is in the shop being serviced under the limited guarantee will be billed at the then-current rates. Failure to cooperate with a Calibre representative voids the guarantee. The instructions and steps to fix the computer and provide the support are in the Calibre representative’s sole discretion.
Force Majeure: If Calibre and/or its third-party service providers’ or vendors’ ability to provide services is impaired by circumstances beyond the control of Calibre or its third-party service provider or vendor, including but not limited to weather, natural disasters, strikes or other causes, Calibre or its third-party service providers or vendors may choose not to provide services.
Disclaimer: THE CALIBRE AND VENDOR SOFTWARE DOWNLOADED BY CALIBRE (OR SUGGESTED BY CALIBRE) TO YOUR COMPUTER AND THE MATERIALS AND SERVICES PROVIDED BY CALIBRE ARE PROVIDED “AS IS” WITHOUT ANY CALIBRE WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. CALIBRE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, EFFECTIVENESS OR RELIABILITY OF , OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CALIBRE SERVICES OR THE CONTENT OR FUNCTIONALITY OF THE CALIBRE OR VENDOR SOFTWARE, SITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE CALIBRE SITE. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. Any software or material for which Calibre suggests or downloads to Your computer is implemented at Your own discretion and risk and You are solely responsible for any damage to Your computer system or loss of data that results from the download and use of any such material, or use of the Calibre site. Information published at the Calibre site may refer to products, programs or services that are not available in Your country, or You must comply will all local laws, if applicable.
Limitation of Liability: IN NO EVENT WILL CALIBRE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF CALIBRE OR VENDOR SOFTWARE DOWNLOADED OR SUGGESTED BY CALIBRE OR THE USE, INABILITY TO USE, OR THE RESULT OF USE OF CALIBRE SERVICES, CALIBRE’S WEBSITE, ANY WEBSITES LINKED TO THE CALIBRE WEBSITE, OR THE MATERIALS OR INFORMATION OR SERVICES CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, CALIBRE’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF CALIBRE SERVICES, WEBSITE, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID FOR CALIBRE SERVICES IN THE PRECEDING THREE (3) MONTHS.
Governing Law: These Terms will be governed by the laws of the State of Indiana. All actions taken to enforce the provisions of this Agreement shall be conducted in a court of appropriate jurisdiction within Gibson County, Indiana. Client consents to the jurisdiction of Gibson County, Indiana, and waives any right to contest jurisdiction.
Entire Agreement: Agreement and other attachments thereto constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all prior agreements, purchase orders, understanding and negotiations, whether oral or written, between the parties hereto with respect to such subject matter. Client acknowledges that it has not been induced to enter into this Agreement by any representations or statements, oral or written, not expressly contained in this Agreement.
Captions and Headings: The captions and headings of sections in this Agreement are for convenience only; they form no part of this Agreement and shall not affect its interpretation.
Indemnification: Client will defend, indemnify, and hold Calibre harmless against all costs, expenses (including attorneys’ fees and costs), losses and liabilities of any form arising out of or relating to Client’s (including third party claims against Calibre): (a) breach of this Agreement; (b) breach of warranties; (c) use of the Services; and/or (d) negligence or misconduct.
If the Services or any of the products or materials manufactured or created by Calibre are proven to infringe on a third party’s trademark, patent, copyright or other intellectual property right, or Calibre determines that any of the Services or such products or materials shall infringe such rights, or Client is enjoined from using any of such products or materials, or any part of the same, then Calibre, at Calibre’s expense and sole option, shall (1) replace such infringing Services, products or materials with non-infringing, equivalent and conforming Services, products or materials.
Severability: In the event that any provision of this Agreement, or any word, phrase, clause, sentence or other provision thereof, should be held to be unenforceable or invalid for any reason, such provision or portion thereof shall be modified or deleted in such a manner so as to make such Agreement as modified legal and enforceable to the fullest extent permitted under applicable laws.
Construction: The parties hereto acknowledge that this Agreement was initially prepared by Calibre as a convenience for the parties and that all parties hereto, and their counsel, have read and fully negotiated the provisions ultimately used in this Agreement. No rule of construction shall apply to this Agreement which construes ambiguous or unclear provisions in favor of, or against, any party.
Accord and Satisfaction: No payment or receipt of a lesser amount than the sums designated pursuant to this Agreement shall be anything other than a payment on account of the earliest sum owed, nor shall any special or restrictive endorsement or statement on any check, or any letter accompanying any check or payment, be deemed an accord and satisfaction, and Calibre may accept such a check or payment without prejudice to its rights to recover the balance of any sums owed pursuant to this Agreement, or to pursue any other remedy.
Revisions: Calibre may make changes to the materials and services, its website, or to the products and prices, at any time without notice. You should visit the Calibre website from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at the Calibre website. The materials and services at the Calibre website may be out of date, and Calibre makes no commitment to update the materials and services provided by Calibre.
Waiver: A party’s failure to enforce a provision of this Agreement does not waive the party’s right to enforce the same provision later or right to enforce any other provision of this Agreement.
Assignment: You may not assign any of your rights or obligations under this Agreement, whether by merger, consolidation, operation of law, or any other manner, without the prior written consent of Calibre. Any transfer without consent is void. To the extent allowed by law, Calibre may assign its rights and obligations without your consent.
Rights of Third Parties: There are no third party beneficiaries under this Agreement.