Privacy Policy

Rush Tech Support, LLC (including 1-800-Tech Now, and Rescue Tech Support) strives to keep it’s customer’s and potential clients’ personal information as secure as possible. At no point will any information be sold to a third-party, all data collected will be for in-house use only. The website, www.rushtechsupport.com, utilizes cookies to learn trends for marketing and internal purposes only. All information gathered will only be used to identify who our existing customers are. Our employees will be able to view a customer’s: Name, Phone Number, Email Address, Item(s) Purchased, Price, and previous technician notes about work done on the computer(s). All billing information will be collected one-time through our PCI Security Standards Council compliant processing merchant. We will not have access to anything billing related: Credit Card #, Exp Date, Billing Address. If any changes need to be made to a plan, we will need to re-enter billing information, provided by the customer. This being stated, all calls are recorded and kept on a remote server for the duration of the customer’s plan. These recordings are only to be used in the case of disputed billing by the owner or head of customer service and only with explicit permission by the customer at the time of the phone call. A receipt will be issued and stored at the time of sale as documented proof for charges.

Computer Privacy: Technicians will only view (My) Documents & Emails if it is deemed necessary by the customer. The technician has permission to install and remove programs that are necessary in order to fix the computer, but will never install anything that compromises security. Programs will be used to remove junk files, scan for infections, remove potentially unwanted programs, alter start up programs & services, update drivers, and fixing Java, Shockwave, Flash, and other plug ins At times, having more than one anti-virus can be detrimental to a computer’s security, and the technicians reserve the right to remove any anti-virus, if it is necessary to improve the overall security of the machine. A technician will not request password information to be verbally shared unless the customer is not able to type it in manually. LogMeIn Rescue will request the Windows logon password which cannot be seen, it is encrypted into the software so technicians can reboot the computer, without compromising customer security. All remote sessions will be recorded onto an external hard drive, but only used in the case of dispute from a customer by the owner or head of customer service.

You can reach us at 844-881-RUSH (7874) or by emailing tech@rushtechsupport.com.

Rush Tech Support, LLC reserves the right to use any information collected from it’s affiliate companies, 1-800 Tech Now & Rescue Tech Support, for tune up reminders, promotional purposes including emails and phone numbers. Information will not be sold to third-party companies and will only be used internally.

Terms & Conditions:

By becoming a customer with Rush Tech Support, LLC, or it’s affiliates, 1800 Tech Now, or Rescue Tech Support, you are agreeing to the following terms & conditions:

Definitions:
Calling Card: The “Tech Support Icon” on the desktop. Usually, a blue circle with a white cross that reads “Tech Support 844-881-7874″

Subscription: By entering into a contract with Rush Tech Support, LLC you have agreed to the following: Monthly contracts will continue to bill until there is a cancellation request from the customer. Contract will be considered terminated when an employee or representative of Rush Tech Support, LLC has remoted on to a customer’s computer and removed the calling card. Regardless of usage, a customer cannot receive a refund on past subscription fees. This means if you sign up for two PC’s and do not reach out to us to connect your second PC after 3 months, you will not receive a refund for the 2nd PC. It is your responsibility as a consumer to take advantage of the plan you purchase.

Expired / Declined monthly payments. If a card gets declined or expires from a monthly payment, the contract will be temporarily suspended until the amount has been paid. If you do not contact us after 6 months and have a $24.99 / month plan you will need to pay the $24.99 x 6 months = $149.94 before any work is to be done. If the amount due is over $250, then the customer will be treated as a new customer.

Original Purchase Date: The date that the first transaction for remote tech support was purchased. Previous software and hardware purchases from us do not fall under the 7 day money back guarantee period. Existing customers that are renewing a subscription for another year are not eligible.

Remote Technical support: Remote Technical Support consists of any services that can be performed when a customer uses the calling card to connect with a technician. This includes any software related issues as well as operating system issues. Does NOT include: hardware installation, network configuration, or anything where a technician would need to be physically present in order to perform. We will do our best to accommodate customers with boot issues, but they are not covered under the contract. Remote Technical Support assumes that a customer has a computer that can get to the desktop, function, and maintain a stable internet connection. If a customer does not comply with these requirements, it is not Rush Tech Support, LLC’s obligation to refund a customer.

Network: Network issues relates to anything in regards to internet connection including but not limited to: Modem / Router configuration & troubleshooting. Wi-Fi set up. Ethernet connectivity. Hardware installation. Rush Tech Support, LLC will not be held responsible for any charges that the customer pays for new equipment.

Web Maintenance: Web Maintenance consists of modifying existing web pages’ content. Includes updating specials, events, meeting times, and databases. Does not include anything listed in Web Design. Does not cover charges for hosting or domain registration. A username and password for a FTP connection will have to be provided from the customer.

Web Design: Web Design consists of creating new layouts, designs, pictures, and web pages. Anything visual other than text will be considered design and charged accordingly. Customer will have to provide hosting, registration, and a FTP log in for Rush Tech Support, LLC.

Early Termination: Rush Tech Support, LLC reserves the right to end a contract with a customer at any time.

One-Time Fixes with yearly warranties:
As of Monday, November 30, 2015, Rush Tech Support will no longer offer yearly warranties with one time repairs, only thirty day warranties. All customers that signed up prior to November 30, 2015 that had a year-long warranty will still keep their plan unless they choose to cancel in writing or email. At that point, the contract will be considered terminated and the customer will be subject to one-time fix pricing with thirty day warranties if work is to be done in the future. Under no circumstances may the customer cancel a warranty and then start one back if we have received a hard copy or email stating a cancellation request. Upon cancellation request, we will send an email informing the customer of this section of our terms and agreement to ensure that there isn’t any confusion and request a response making sure that the customer understands the consequences of canceling the contract.

Monthly subscribers will no longer be billed after a technician has removed the calling card. We do offer the ability pay annually if after 3 months of monthly billing you decide you want to consolidate your billing. Annual subscribers will be reimbursed a pro-rated amount for services rendered at a rate of Annual Price Paid (Excluding software) – $250 [initial price] * ((months remaining in yearly contract)/ 12). Example: $400 paid for a year of service, canceled with 4 months remaining in the contract: $400 – $250 = $150 * (4/12) = $50 reimbursement. All customers have the right to a full refund within 7 days of initial services rendered if work has not been completed. We will simply do a system restore to the state the computer was in before we worked on it and refund the purchase price 100% after we have had a technician remote on and perform the system restore.

Fulfillment: Rush Tech Support, LLC and it’s employees will do everything within our power to make sure that the job gets done to the customer’s satisfaction. Some issues are outside the scope of our business and will not be grounds for a refund unless it is within 7 days of the original purchase date.

Affiliate Software: We do not have control over the developers of the software we use and claim zero responsibility for any issues that may arise because of them. Our service is installing software, not the actual software itself.

Refunds: Changing your mind or having a friend talk you out of a sale are not grounds for a refund. If the work has been completed and the computer is running well, no refunds will be issued. All calls are recorded and if a customer claims the computer is running fine, work will be considered fulfilled and no refund will be issued. If there are still problems with the computer after the first attempt, the customer will need to give our technicians access to the computer and resolve the remaining issues within 7 days of sale. If the technician is not able to resolve the issue within 7 days of the original purchase date, a full refund will be issued. A customer must give the technician an opportunity to fix the issue again within that seven day period in order to qualify for a refund. Refunds are only issued if the customer has given us seven days to fix the issue at hand and we are not able to do so.

Charge backs to bank: By paying Rush Tech Support, LLC you have agreed that you will first contact us via phone, email, and by calling card before disputing billing issues with the bank. Services are not refundable if they have been performed correctly. If we receive a charge back notification from a bank, we will provide full documentation of the work that has been done to the bank including but not limited to: screen shots of the work done, technician write up, surveys, phone recordings / transcripts, merchant gateway receipts showing Address Verification and CVV matches, email logs, receipts, LogMeIn chat logs, and surveys. For the record, we win a large percent (90%+) of our charge back disputes through the bank. Always call us and ask for a refund before contacting the bank if you have an issue with the services provided or a question.

If the bank has ruled in our favor, the customer will need to pay a reinstatement fee of $45 as that is what we are charged when a dispute is filed by the bank. Customer will need to pay for services via eCheck and Rush reserves the right to deny services on a case by case basis. While we try to be accommodating, charging back on our company hurts the reputation of Rush Tech Support and could result in the loss of credit card processing abilities.

Disconnected Sessions: Because our repairs are done remotely, a stable internet connection is necessary for work to be performed. If a session becomes disconnected and a customer refuses the technician the ability to get reconnected, work will be considered finished. If a customer manually disconnects the session by turning off the internet, turning off the computer, or clicking the X on LogMeIn Rescue, our technicians will make every effort possible to reconnect, but if permission is not granted, work will be considered fulfilled.

Surveys: All information gathered from end of session surveys will be used internally for quality purposes and if there is a dispute over performance, surveys can and will be used as documentation as to whether or not the work has been completed.

LiveDrive Terms & Cloud Backup

“Terms of Use
General Terms
These terms of service (the “Terms of Use”) govern your access to and use of all Livedrive Internet Limited (“Livedrive”) services (the “Services”), whether sold to you directly by Livedrive or through a Livedrive authorised retail electronic outlet (“a Retail Outlet”). Where the context so permits, the words “we”, “our” and “us” refer to Livedrive, including its successors and assigns. Please read these Terms of Use carefully before using the Services.
  1. By using the Services you agree to be bound by these Terms of Use in their entirety for the period of time agreed between the parties, encompassing both the initial billing period agreed at sign-up and such further periods as are renewed automatically (each a “Fixed Contract Period”) in accordance with these Terms of Use.
  2. If you are using the Services on behalf of an organisation then you are agreeing to these Terms of Use for that organisation and are warranting that you have the authority to bind that organisation to these Terms of Use. In that case “you” and “your” will refer to that organisation.
  3. You may use the Services only in compliance with these Terms of Use. You may use the Services only if you have the power to form a contract with Livedrive and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Activation, Your Files and Privacy
  1. By using our Services you provide us with information, files, and folders that you submit to Livedrive (together, “your files”). You retain full ownership to your files. We don’t claim any ownership of any of your files. These Terms of Use do not grant us any rights to your files or intellectual property except for the limited rights that are needed to run the Services, as explained below.
  2. The Services may be activated in one of two ways. You may commence the use of the Services by uploading your files, or in the case of a purchase from a Retail Outlet, if you have not taken steps to activate the Services in the three months after purchase, the Services will be automatically activated without further reference to you. You will be sent an activation email following activation as long as you have provided us with a valid email address.
  3. We may need your permission to do things you ask us to do with your files, for example, hosting your files, or sharing your files at your discretion. This includes product features visible to you, for example, image thumbnails or document previews. It also includes design choices we make to technically administer our Services, for example, how we redundantly backup data to keep it safe. You give us the permissions we need to do those things solely to provide the Services. This permission also extends to trusted third parties we work with to provide the Services.
  4. Aside from the rare exceptions we identify in the Livedrive Privacy Policy, no matter how the Services change, we won’t share your content with others, including law enforcement agencies, for any purpose unless you direct us to. How we collect and use your information generally is also explained in the Livedrive Privacy Policy.
  5. You are solely responsible for your conduct, the content of your files, and your communications with others while using the Services. For example, it’s your responsibility to ensure that you have the rights or permission needed to comply with these Terms of Use.
  6. We may choose to review public content for compliance with our community guidelines, but you acknowledge that Livedrive has no obligation to monitor any information on the Services. We are not responsible for the accuracy, completeness, appropriateness, or legality of files, user posts, or any other information you may be able to access using the Services.
Sharing
  1. The Services provide features that allow you to share your files with others or to make your files public. There are many things that users may do with your files (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. Livedrive has no responsibility for that activity.
Modifications
  1. We may revise these Terms of Use from time to time and the most current version will always be posted on the Livedrive website (https://www.livedrive.com/terms-of-use). By continuing to access or use the Services after revisions become effective, you agree to be bound by Terms of Use then prevailing. If you do not agree to the revised Terms of Use, please stop using the Services.
Software and Updates
  1. Some of our Services require you to download a client software package (“Software”). Livedrive hereby grants you a limited, non-exclusive, non-transferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms of Use in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms of Use. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. Your acceptance of such updates is required under the Terms of Use.
Account Security
  1. You are responsible for safeguarding the password that you use on your Livedrive account to access the Services (the “Account”) and you agree not to disclose your password to any third party. You are responsible for any activity using your Account, whether or not you authorised that activity. You should immediately notify Livedrive of any unauthorised use of your Account.
Your General Responsibilities
  1. Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. Livedrive reserves its right to delete files (without notice to you) where it has a reasonable belief that you do not have the right to copy, upload, download or share such files. You, not Livedrive, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Services.
  2. You, and not Livedrive, are responsible for maintaining and protecting all of your files. Livedrive will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files.
  3. If your contact information, or other information related to your Account, changes, you must notify us promptly and keep your information current.
Limitation of Liability
  1. THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Livedrive will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.
  2. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LIVEDRIVE, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT LIVEDRIVE HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES FOR AN AMOUNT GREATER THAN £20 OR THE AMOUNTS PAID BY YOU TO LIVEDRIVE FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Termination
  1. You can stop using our Services any time by contacting us in writing at least 1 week prior to the end of the Fixed Contract Period. Fees paid by you to us prior to your decision to stop using our Services will not be refunded to you.
  2. We reserve the right to suspend or terminate the Services at any time, without cause, with or without notice to you. At our sole discretion, we may refund the unused portion of fees for each Fixed Contract Period paid for the Services on a pro-rata basis.
  3. In the event of a material breach by you of these Terms of Use, we retain the right to suspend or terminate these Services to you without any notice to you. If we terminate for a material breach of these Terms of Use, no refund of any fees paid will be offered. It shall constitute a material breach of these Terms of Use if we have a reasonable belief that you:
    1. use the Services in any way that would cause us legal liability or be deemed a use for an illegal purpose;
    2. use the Services in such a manner that has the effect of disrupting others’ use of the Services;
    3. repeatedly or flagrantly violate any of these Terms of Use;
    4. act in conflict with a court order, or our providing the Services to you is in breach of a court order;
    5. represent a danger to the best interests of other customers or third-parties;
    6. exceed your Usage Limit repeatedly, or exceed your Usage Limit on one occasion when that Usage Limit represents the highest available limit;
    7. fail to disclose the number of devices on which you are running Livedrive Backup, be they multidrive devices, network-attached (NAS) hard drives, or external drives (collectively “External Storage Devices”) or otherwise.
    8. use the Services in a manner that results in excessive bandwidth usage, as determined by us;
    9. directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services or manipulate Services in any manner not specified by us;
    10. use the Services to store, backup or distribute material protected by intellectual property rights of a third-party unless you own or have appropriate rights to such material;
    11. engage in activity that damages or is likely to damage our tangible or intangible assets; or
    12. otherwise act in breach of the terms of our Acceptable Use Policy
  4. If we suspend or terminate your use, we will use commercially reasonable efforts to work with you to resolve such issues and re-instate the Services, and failing such resolution, we may be able to help you retrieve your files, however there may be an additional cost to these additional efforts and we will notify you of this fee before commencing same.
Jurisdiction
  1. THESE TERMS OF USE AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY UNITED KINGDOM LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF LONDON, UK AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms of Use constitute the entire and exclusive agreement between you and Livedrive with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms of Use create no third party beneficiary rights. Livedrive’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms of Use will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms of Use, and any such attempt is void, but Livedrive may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Livedrive and you are not legal partners or agents; instead, our relationship is that of independent contractors.
Free Trial Period
  1. Where Services are offered on a free trial basis, payment will be taken for the first Fixed Contract Period when the free trial period ends, and not when you enter your billing details (which will be required prior to the commencement of the free trial period).
  2. The first renewal date for the contract shall be deemed to be the Fixed Contract Period plus the free trial period, thereafter the renewal dates shall occur on the expiry of the applicable Fixed Contract Period.
  3. If you wish to cancel your contract during the free trial, known as your “cooling off” right, you may do so by informing us in writing before the end of the free trial period.
  4. If you do not cancel your contract prior to the end of the free trial period the fees for the first Fixed Contract Period will become due.
Money Back Guarantee
  1. Some Services are advertised as including a “money back guarantee”. To receive a refund of the payment made under the “money back guarantee” you must inform us in writing before the end of the advertised “money back guarantee” period. This period is the period in which you may exercise your right to cooling-off. Failure to inform us of your wish to terminate the agreement for the provision of the Services during this “money back guarantee period” will be regarded as your informed decision not to exercise your cooling-off right. If you do not claim a refund of fees during this period then no refund will be due.
  2. The “money back guarantee” is not available in combination with a free trial. If you not invoke your right to cool off during or at the end of the free trial period, then you will be charged for the Services and “no money back guarantee” will be available.
Fees
  1. All fees payable by you for the Services shall be in accordance with the scale of fees and rates published from time to time by us on our web site (the “Pricing Structure”), errors and omissions excepted, and shall be due and payable for provision of the Services in advance of each Fixed Contract Period.
  2. The Pricing Structure is determined by pre-agreed usage limits with you (“Usage Limit”). We reserve the right to alter the Pricing Structure, including ceasing to offer elements of the Services. The current Pricing Structure will always be posted on our website. By continuing to access or use the Services after alterations to the Pricing Structure become effective by being posted on our website, you agree to be bound by the revised Pricing Structure. If you do not agree to the new Pricing Structure, you can then notify us that you want to discontinue use of the Services. You are strongly advised to monitor our website for any alterations of the Pricing Structure.
  3. In the event that your actual usage increases so that you exceed your Usage Limit, then we reserve the right charge you for the additional disc space required or to migrate you to a higher Usage Limit (collectively a “Migration”) prior to the end of the Fixed Contract Period, consistent with your increased actual usage. We are not obliged to contact you prior to a Migration, however such Migration is likely to incur additional fees for you under the Pricing Structure. If you do not agree to the Migration decision, you must then notify us that you want to revert to the previous Usage Limit and take the required steps to effect this change. Please note that if your actual usage is such that you exceed the highest available Usage Limit available at that time, then it is possible that no such Migration is possible, and we reserve the right to terminate the Services without notice to you in accordance with condition 20(f) of these Terms of Use.
  4. All fees for our Services are due in advance and your contract will automatically renew on the expiry of the Fixed Contract Period, at which point fees for the following Fixed Contract Period become payable. If you choose to pay by credit or debit card then you authorise Livedrive to debit your card with the fees due, and to avoid interruptions in the Services caused by rejected credit or debit card charges, Livedrive reserves the right to update your credit or debit card details (such as expiration dates) where this is not prohibited by law. YOU UNDERSTAND AND AGREE THAT LIVEDRIVE IS ENTITLED TO OBTAIN SUCH UPDATED CARD DETAILS, STORE THEM AND USE THEM TO BILL CHARGES. If you wish to cancel your contract with Livedrive, you must do so in writing at least one week before the expiry of the Fixed Contract Period.
  5. All fees paid to us are non-refundable except in circumstances set out in these Terms of Use.
  6. You agree not to issue a chargeback via your bank in relation to any fees charged by us. If you do so you accept that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the Terms of Use.
Intellectual Property
  1. Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.
  2. The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. These Terms of Use do not grant you any rights to use the Livedrive trademarks, logos, domain names, or other brand features.
Additional Terms applicable to use of Livedrive Backup
  1. Some Services, including Livedrive Backup and Livedrive Pro Suite (the “Backup Packages”) are sold on condition that the data being backed up is stored on the internal hard drives of devices that are not classified as External Storage Devices (as defined above), and that the number of such devices does not exceed the limits stipulated in the Pricing Structure. In the event that you wish to backup data stored on External Devices, you are required to disclose this to us and pay such additional storage related charges as set out in the Pricing Structure for that Backup Packages.
  2. An upper limit on the number of devices from which backup can be run will be included on each Backup Package. The applicable upper limit will be notified to you at time of Backup Package sale. The upper limit for any single internal or external drive will exclude External Backup Devices, for which the Pricing Structure includes a separate charging methodology. In the event that the number of devices exceeds the applicable limit on the Backup Package sold, Livedrive reserves the right, but is not under an obligation, to increase the upper limit of your Backup Package without prior notification to you, and increase the charges accordingly.
  3. With the exception of our business service, Services that include Livedrive Backup are not to be used for archiving. You must at all times hold an original copy of the data in the original location on the system it was backed up from and ensure that any External Storage Devices are always connected whilst the Software is running. If you delete files from your computer that have been backed up or disconnect External Storage Devices that have been backed up we will remove the corresponding backup from our servers.
  4. You must at all times run the Software on any computer that is being backed up and you must ensure this computer connects to the Internet at least once every 30 days. Livedrive will remove backups for computers that have not connected to the service for 30 days.
  5. If you wish to restore data backed up onto our servers we may require up to 72 hours notice. Whilst ordinarily we would expect your data to be available for restore immediately, we reserve the right to archive data in facilities where it may not be available for immediate access.
Acceptable Use
You agree not to misuse the Services. For example, you must not, and must not attempt to, use the Services to do the following things.
  1. Probe, scan, or test the vulnerability of any system or network;
  2. Breach or otherwise circumvent any security or authentication measures;
  3. Access, tamper with, or use non-public areas of the Services, shared areas of the Services which you have not been invited to, Livedrive (or our service providers’) computer systems;
  4. Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
  5. Plant malware or otherwise use the Services to distribute malware;
  6. Access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
  7. Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
  8. Publish anything that is fraudulent, misleading, or infringes another’s rights; promote or advertise products or Services other than your own without appropriate authorisation;
  9. Impersonate or misrepresent your affiliation with any person or entity;
  10. Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
  11. Violate the law in any way, or violate the privacy of others, or defame others.
Additional Terms applicable to Resellers
The following terms apply to use of the Livedrive Reseller package available on our website. These terms (the “Reseller Terms”) may not apply to you if you have agreed specific terms with Livedrive:
  1. You agree to act as a positive ambassador for the Livedrive brand at all times.
  2. You must provide an appropriate level of support to your customers by telephone or e-mail. You must not ask your customers to contact Livedrive at any time. Livedrive will not offer support or service to your customers.
  3. Where you advertise a service that include Livedrive Services you must at all times deliver the service that has been described to a standard acceptable to Livedrive
  4. You are not permitted to use any Livedrive property including logos, icons, designs and text without our written authorisation.
  5. You may not distribute any aspect of the Livedrive service free of charge. If you bundle the Services with another service, this service must not be distributed free of charge.
  6. You are responsible for ensuring that your customers use the Services in accordance with applicable Terms of Use by your customers within these Reseller Terms. We will hold you liable for any breach of the Terms of Use by your customers.
  7. Livedrive has no contract whatsoever with your customers and will not attempt to contact your customers at any time except where stated in these Reseller Terms.
  8. Livedrive reserves its rights to amend the fees due to it from Reseller. Where Livedrive has agreed a fee structure with the Reseller for a fixed period, then any fee increases will not take effect until the end of that fixed period. Livedrive will provide all Resellers with at least one month’s notice of any changes in the fees due to it by Resellers, by posting such a notice together with the date that the new fee structure will take effect on our Website.
  9. If you fail to pay fees due to Livedrive or fail to comply with these Reseller Terms (including but not limited to the obligation to provide an appropriate level of support to your customers) then Livedrive reserves the right to suspend or terminate Services to your customers and, at our discretion, to contact your customers to inform them that this has occurred and to offer them alternative Services.
  10. You may not bid on Livedrive brand keywords in Adwords and other Pay-Per-Click advertising. These include keywords such as “Livedrive”, “live-drive”, “livedrive.com” or any other variation or misspelling of “Livedrive” including bidding on “Livedrive” with other keywords.
  11. You may not claim to be Livedrive or to represent Livedrive on your website or in any form of media or social media. You must make it clear if you are going to mention Livedrive that you are a reseller of Livedrive and are not part of the Livedrive organisation. You may also not use the name Livedrive in your domain for any website you own or control or use the name Livedrive or any variation as your name in any social media that you use.
  12. The Limitation of Liability set out at part (b) of condition 19 of the Terms of Use, shall in the case of Resellers be amended to state as follows: aggregate liability for all claims relating to the Services for an amount greater than (i) £100; (ii) the amounts paid by you to Livedrive for the past twelve months; or (iii) the amount paid by you for any period of time remaining on the applicable Fixed Contract Period. In all other respects the Limitation of Liability for Resellers remains as stated in condition 19 of the Terms of Use.
Copyright Policy
In accordance with the Digital Millennium Copyright Act of 1998, Livedrive will respond expeditiously to claims of copyright infringement committed using the Livedrive service and/or the Livedrive website (the “Site”) if such claims are reported to Livedrive in the manner identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorised to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Site by completing the following DMCA Notice of Alleged Infringement and delivering it by postal mail to the address below.
DMCA Notice of Alleged Infringement (“Notice”)
  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material or link you claim is infringing (or the subject of infringing activity) and to which access is to be disabled, including at a minimum, if applicable, the URL of the link shown on the Site or the exact location where such material may be found.
  3. Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice:
“I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to:
Livedrive Internet Ltd.
The Battleship Building
179 Harrow Road
London, W2 6NB
United Kingdom”

 

Last Edited December 1, 2015