Welcome to TotalWebSecurity.com, the website and mobile Application owned by Omkar Software Pvt. Ltd. (Company).Terms and conditions
Please read these TERMS & CONDITIONS OF USE carefully .This page explains the terms by which you may use our online and or mobile services, website and software provided on or in connection with the services( COLLECTIVELY THE " SERVICE " ).
Company reserves the right to change or modify any of the terms and conditions contained in these Site Terms or any policy or guideline of the Site or the Services, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of this Site or the Services following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site and Services. If you do not agree to the amended terms, you must stop using the Site and the Services.
Use of Service
The website and the Mobile App gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You may never use another User's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, Company will not be liable for any losses caused by any unauthorized use of your account.
You agree not to engage in any of the following prohibited activities:
(i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated "scraping";
(ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Service in a manner that sends more request messages to the TotalWebSecurity servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
(iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service;
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(vi) uploading invalid data, viruses, worms, or other software agents through the Service;
(vii) collecting or harvesting any personally identifiable information, including account names, from the Service;
(viii) using the Service for any commercial solicitation purposes;
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity. You are responsible for all activities that occur under your Account and your Password. You agree to notify Company immediately of any unauthorized use of your Account or Password or any other breach of security and to exit from your Account at the end of each session. You agree that you are responsible for any losses arising out of the unauthorized use of your Account
(x) interfering with the proper working of the Service;
(xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
(xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are responsible for all the mobile data usage resulting from the use of Service. Consult your mobile operator concerning your plan, data rate charges and limits. You are solely responsible for your interactions with other Total web security Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Total web security shall have no liability for your interactions with other Users, or for any User's action or inaction.
Fees and Payment
You will be responsible for payment of the applicable fee (the "Service Subscription Fee") at the time you create your Account and select your annual package (the "Service Commencement Date"). All fees will be billed to the credit card or PayPal account you designate during the registration process. Company will automatically renew your subscription on each anniversary of the Service Commencement Date (each, a "Renewal Commencement Date").
You will have thirty (30) days from the Service Commencement Date or any Renewal Commencement Date to cancel the Service (the "Cancellation Period"), in which case the Company will refund your Service Subscription Fee for the applicable Service Term provided that you have not submitted a Malware Removal Request during the Cancellation Period. You agree that you will make any cancellation request by way of a general request ticket that you submit through the Company's ticketing system. In the event that you are using a PayPal account to make payments hereunder, you must also log in and cancel your recurring payments via your PayPal interface. Except as set forth above, your Service Subscription Fee shall be non-refundable.
If timely payment cannot be charged to your credit card or PayPal account for any reason, or if you are otherwise in material breach of these Terms, Company has the right to either suspend or terminate the Service. All provisions of these Terms, which by their nature should survive, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied. company disclaims all warranties without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the information, content or materials on the site or provided through the services. company does not represent or warrant that Total web security materials, including the information available in or on the site, or the services are accurate, complete, reliable, current or error-free. company does not represent or warrant that the site or its servers or its mobile apps are free of viruses or other harmful components. use of the service is at your own risk.
you should independently verify the accuracy of any information you obtain on the site or through the services before using it. you agree to be solely responsible for your use of the content found on this site, the Total web security materials and the services. company is not responsible for errors or omissions in any information or materials contained on the site or through the services. while company attempts to make your access and use of the site and services safe, company cannot and does not represent or warrant that the site or its services, or any content or materials are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses, spyware, malware, and other harmful or otherwise undesirable components from any download. company reserves the right to change any and all content contained in the site and any services offered through the site at any time without notice.
If at any time during the Service Term, you submit a Malware Removal Request for a Covered Website that Company determines is infected, Company will use reasonable commercial efforts to clean the infected Covered Website. In the event that Company is unable, for any reason, to clean the infected Covered Website, Company will, as its sole and exclusive remedy, refund to you the annual fee you paid to the Company for the clean up of that Covered Website.
For example, if you purchased a Business annual plan (which covers up to ten Covered Websites), Company will refund to you 1/10 of the annual fee for the plan for each Covered Website that Company is unable to clean. Except as set forth above, the service (including, without limitation, any content or company materials) is provided "as is" and "as available" and without warranty or condition of any kind, express or implied, including, but not limited to, the implied warranties or conditions of title, non- infringement, merchantability and fitness for a particular purpose, and any warranties or conditions implied by any course of performance or usage of trade, all of which are expressly disclaimed. company, and its directors, employees, agents, suppliers, partners and content providers (the "company parties") do not warrant that:
(a) the service will prevent the infection, or re-infection, of the covered websites;
(b) the covered website will operate after it has been cleaned by company;
(c) the service will be secure or available at any particular time or location;
(d) any defects or errors will be corrected;
(e) any content or software available at or through the service is free of viruses or other harmful components; or
(f) the results of using the service will meet your requirements. any content downloaded from or otherwise accessed through the sites or the service is accessed at your own risk, and you shall be solely responsible for any damage to your property or person, including, but not limited to, your computer system, any device you use to access the sites or the service, and any covered websites, or any other loss that results from accessing such content. you understand and agree that you use the sites and the service at your own discretion and risk and that you will be solely responsible for any damages to your computer systems, the covered websites, or loss of data that results from use of the sites and the service.
some jurisdictions do not allow the exclusion of certain warranties, representations or conditions, the limitation or exclusion of implied warranties, or limitations on how long an implied warranty may last, so some of the above limitations may not apply in full to you, where legislation in a jurisdiction implies in these terms any condition or warranty that cannot be exclusive, company's liability for breach thereof shall be limited, at company's option, to the supply of services again, or the payment of the cost of having them supplied again. Limitation of liability in no event shall company or any of its corporate affiliates, independent contractors, service providers or consultants, or any of their respective directors, employees and agents, be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to, loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way related to or connected with any use of the site, the services, the content or the materials contained in or accessed through the site or services, including without limitation any damages, loss or injury caused by or resulting from reliance by user on any information obtained from company or the site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to company's records, programs or services. the aggregate liability of company, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating in any manner to the use of the site, the services or the TWS materials, shall not exceed any compensation you pay, if any, to company for access to or use of the site or the services
You agree to defend, indemnify and hold harmless Company, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, store or otherwise transmit on or through the Site or the Services or your use of or inability to use the Site or the Services, including without limitation any actual or threatened suit, demand or claim arising out of or relating to the User Content, your conduct, your violation of these Site Terms or your violation of the rights of any third party.