McAfee subscription auto-renewal scam Santa Clara California

McAfee is apparently trying to run a scam to auto-renew subscriptions for their anti-virus that you may not have signed up for. I have been a software developer for 15 years and by nature keep a copy of all EULA (End User License Agreements). I bought a Dell system in 2006 with McAfee Anti-Virus preloaded with a free year. I opted to renew for 2007 with the subscription to end in December 2008. I gave a credit card number to renew, but never agreed to a continual subscription. I never had to agree or check anything.

I just got an email from McAfee that I was auto-enrolled and had renewed my "subscription".

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Here's the email:

Your McAfee subscription has been successfully renewed using the payment information on file.
You can now enjoy another year of protection whenever you use your computer and go online.

With McAfee protection, you will be able to continue to confidently surf the web, send e-mail, and shop and bank online without worrying about viruses, spyware, spam, phishing scams, hackers and identity theft.

Details of your subscription renewals:

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CONFIRMATION RECEIPT
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Name: xxxxxxxxxx
Order #: xxxxxxxxxx
Date: Monday, November 03, 2008

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McAfee SecurityCenter : $ 69.99(USD)

Total Tax : -
Total Price : $69.99


McAfee is always working hard to keep you and your computer protected. We know your loyalty depends on our ability to continually provide you with the best and most innovative security products on the market. We are the only major security company that is 100% dedicated to security.

As always, we thank you for being a McAfee customer.

Sincerely,
McAfee Team

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In McAfee's contract they never state that you are enrolling in a subscription. McAfee claims that I did when I clicked "agree". Given that I have the original EULA and I asked for a digital signature that I did. I have a refund pending.

My End License User Agreement is posted below as well as my on-line chat with their customer service.

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End User License Agreement
NOTICE TO ALL USERS: PLEASE READ THIS CONTRACT CAREFULLY. BY CLICKING THE ACCEPT BUTTON OR INSTALLING THE SOFTWARE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) AGREE THAT THIS AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT ACCEPT THE TERMS OF THIS CONTRACT AND DO NOT INSTALL THE SOFTWARE. IF YOU PURCHASED THE SOFTWARE ON TANGIBLE MEDIA (e.g., CD) WITHOUT THE OPPORTUNITY TO REVIEW THIS LICENSE AND YOU DO NOT ACCEPT THIS CONTRACT, YOU MAY OBTAIN A REFUND OF THE AMOUNT YOU ORIGINALLY PAID IF YOU: (A) DO NOT USE THE SOFTWARE AND (B) RETURN IT, WITH PROOF OF PAYMENT, WITHIN THIRTY (30) DAYS OF THE PURCHASE DATE TO THE LOCATION FROM WHICH IT WAS OBTAINED.
1. Definitions.
a. "Software" means (a) all of the contents of the files,download packages, disk(s), CD-ROM(s) or other media (including electronic media) with which this Agreement is provided or such contents as are hosted by McAfee or its distributors, resellers, OEM/MSP partners, or other business partners (collectively "Authorized Partner(s)"), including but not limited to (i) McAfee or third party computer information or software; (ii) related explanatory materials in printed, electronic, or online form, including information on the term of your license ("Documentation"); and (b) upgrades, modified or subsequent versions and updates (collectively "Updates"), of the Software, if any, licensed to you by McAfee or an Authorized Partner as part of a maintenance contract or service subscription.
b. "Use" or "Using" means to access, install, download, copy or otherwise benefit from the Software.
c. "Permitted Number" means one (1) unless otherwise indicated under a valid license (e.g., volume license) granted by McAfee or an Authorized Partner.
d. "Computer" means a device that accepts information in digital or similar form and manipulates it for a specific result based upon a sequence of instructions.
e. "McAfee" means (a) McAfee, Inc., a Delaware corporation, with offices located at 3965 Freedom Circle, Santa Clara, California 95054 if the Software is purchased in the United States, Mexico, Central America, South America, or the Caribbean; (b) McAfee Ireland Holdings Limited, with offices located at 25/28 North Wall Quay, Dublin, Dublin 2 Ireland if the Software is purchased in Canada, Europe, the Middle East, Africa, Asia, or the Pacific Rim; and (c) McAfee Co., Ltd. with offices located at Shibuya Mark City West Building 12-1, Dogenzaka 1-Chrome, Shibuya-ku, Tokyo 150-0043, Japan if the Software is purchased in Japan.

2. License Grant. McAfee hereby grants to you a non-exclusive, non-transferable license to Use the Software subject to any restrictions contained herein or usage terms specified on the applicable product packaging included as part of the Documentation. Some third party materials included in the Software may be subject to other terms and conditions, which are typically found in either a "Read Me" file or an "About" file in the Software.

3. Term. Unless earlier terminated as set forth herein, this Agreement is effective for the term set forth in the Documentation. If no term is agreed, the default term shall be one (1) year from purchase except with regards to a free version of the software for which the default term shall be for so long as McAfee makes such Software available to you. If you have agreed to permit McAfee to automatically renew your subscription to the Software by charging a valid credit card number which you have provided to McAfee, your subscription will be automatically renewed thirty (30) days prior to the expiration of the term and each anniversary thereafter for a fee no greater than McAfees then-current price, excluding promotional and discount pricing. You must provide current, complete, and accurate information for your billing account. You must promptly update all information to keep your billing account current, complete, and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify McAfee if your credit card is canceled (for example, for loss or theft). Changes to such information can be made at http://us.mcafee.com/root/login.asp. If you fail to provide McAfee any of the foregoing information, you agree that McAfee may continue charging you for any subscription automatically renewed unless you inform McAfees customer support department at 1-800-338-8754 (or any other local number provided by the respective McAfee entity in your region) not to renew your subscription to the Software at least thirty (31) days prior to the expiration of your subscription to the Software and informing them of your desire not to have such subscription automatically renewed. This Agreement will terminate automatically if you fail to comply with any of the limitations or other requirements described herein. Upon any termination or expiration of this Agreement, you must cease use of the Software and destroy all copies of the Software and the Documentation.

4. Updates. This license is limited to the version of the Software delivered by McAfee and does not include Updates, unless you have purchased a service subscription that entitles you to Updates as described in the Documentation. After the specified maintenance period or service subscription period has expired, you have no further right to receive any Updates without the purchase of a new maintenance contract or service subscription.

5. Ownership Rights. The Software is protected by United States and other copyright laws, international treaty provisions and other applicable laws in the country in which it is being used. McAfee and its suppliers own and retain all right, title and interest in and to the Software, including all copyrights, patents, trade secret rights, trademarks and other intellectual property rights therein. Your possession, installation, or Use of the Software does not transfer to you any title to the intellectual property in the Software, and you will not acquire any rights to the Software except as expressly set forth in this Agreement. Any copy of the Software and Documentation authorized to be made hereunder must contain the same proprietary notices that appear on and in the Software and Documentation. To the extent you provide any comments or suggestions to McAfee, McAfee shall have the right to retain and use any such comments or suggestions regarding the Software in current or future products or services, without further compensation to you or without your approval.

6. Multiple Environment Software/Multiple Language Software/Dual Media Software/Multiple Copies/Bundles/Updates. If the Software supports multiple platforms or languages, if you receive the Software on multiple media, if you otherwise receive multiple copies of the Software, or if you receive the Software bundled with other software, the total number of your Computers on which all versions of the Software are installed may not exceed the Permitted Number. If the Software is an Update to a previous version of the Software, you must possess a valid license to such previous version in order to Use the Update. You may continue to Use the previous version of the Software on your Computer after you receive the Update to assist you in the transition to the Update, provided that the Update and the previous version are installed on the same Computer; the previous version or copies thereof are not transferred to another Computer unless all copies of the Update are also transferred to such Computer, and you acknowledge that any obligation McAfee may have to support the previous version of the Software ends upon availability of the Update.

7. Restrictions. You may not sell, lease, license, rent, loan, resell or otherwise transfer, with or without consideration, the Software. You may not reverse engineer, decompile, or disassemble the Software, except to the extent the foregoing restriction is expressly prohibited by applicable law. You may not modify, or create derivative works based upon, the Software in whole or in part. You may not copy the Software or Documentation except as expressly permitted herein above. You may not permit third parties to benefit from the use or functionality of the Software via a timesharing, service bureau or other arrangement. You may not remove any proprietary notices or labels on the Software. All rights not expressly set forth hereunder are reserved by McAfee.

8. Warranty and Disclaimer.
a. Limited Warranty. McAfee warrants (manufacturer warranty) that for thirty (30) days from the date of original purchase the paid version of the Software will operate substantially in accordance with the Documentation and that the media (e.g., CD ROM), if any, on which the Software is contained and provided to you will be free from defects in materials and workmanship.
b. Customer Remedies. McAfees and its suppliers' entire liability and your exclusive remedy for any breach of the foregoing warranty shall be, at McAfees option, either (i) return of the purchase price paid for the license, if any, or (ii) replacement of the defective media in which the Software is contained. You must return the defective media to your place of purchase at your expense with a copy of your receipt. This limited warranty is void if the defect has resulted from accident, abuse, or misapplication by you. Any replacement media will be warranted for the remainder of the original warranty period. Outside the United States, this remedy is not available to the extent McAfee is subject to restrictions under United States export control laws and regulations.
c. Warranty Disclaimer. Except for the limited warranty set forth herein, THE SOFTWARE IS PROVIDED "AS IS" AND McAfee MAKES NO WARRANTY AS TO ITS USE OR PERFORMANCE. EXCEPT FOR ANY WARRANTY, CONDITION, REPRESENTATION OR TERM THE EXTENT TO WHICH CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, MCAFEE, ITS SUPPLIERS, AND AUTHORIZED PARTNERS MAKE NO WARRANTY, CONDITION, REPRESENTATION, OR TERM (EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE) AS TO ANY MATTER INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SATISFACTORY QUALITY,INTEGRATION, OR FITNESS FOR A PARTICULAR PURPOSE. YOU ASSUME RESPONSIBILITY FOR SELECTING THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE SOFTWARE. WITHOUT LIMITING THE FOREGOING PROVISIONS, MCAFEE MAKES NO WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS.

9. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL McAfee, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR LOSS OF PROFITS, LOSS OF GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR NEGLIGENCE OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF DATA,COMPUTER FAILURE OR MALFUNCTION, OR FOR ANY OTHER DAMAGE OR LOSS. IN NO EVENT SHALL MCAFEE, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE PRICE PAID FOR THE SOFTWARE, IF ANY, EVEN IF MCAFEE, OR ITS AUTHORIZED PARTNERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This limitation shall not apply to liability for death or personal injury to the extent that applicable law prohibits such limitation. Furthermore, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you. Nothing contained in this Agreement limits McAfees liability to you for McAfees gross negligence or for the tort of fraud. McAfee is acting on behalf of its suppliers and Authorized Partners for the purpose of disclaiming, excluding and/or limiting obligations, warranties and liability as provided in this Agreement, but in no other respects and for no other purpose. The foregoing provisions shall be enforceable to the maximum extent permitted by applicable law.

10. Notice to United States Government End Users. The Software and accompanying Documentation are deemed to be "commercial computer software" and "commercial computer software documentation," respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, modification, reproduction, release, performance, display or disclosure of the Software and accompanying Documentation by the United States Government shall be governed solely by the terms of this Agreement and shall be prohibited except to the extent expressly permitted by the terms of this Agreement.

11. Encryption Feature Specific Notice. The Software provided hereunder contains features and functionality that allows you to protect sensitive information in files and folders on your Computer. You will be required to provide a password in order to encrypt and protect such information. Additionally, you may provide a challenge question that will allow you to recover your password in the event you forget such password. In the event that you lose or cannot remember the password and the answer to the challenge question you will not be able to recover the information you have encrypted. You acknowledge that the level of encryption used by the Software should protect your information from the average computer user; however the encryption may be broken by sophisticated users, certain software programs and government entities. Encryption without strong passwords (At least seven characters with at least 1 number, one uppercase letter, one lowercase letter and a character such as a hyphen.) can lessen the value of the protection that the Software offers. You also acknowledge that information that has been encrypted may not be unencrypted if your hard drive has bad sectors or fails. McAfee shall not bear responsibility for access of your information where you have provided your password to a third party or have failed to use reasonable efforts to protect such information, password, answers to challenge questions or for user error.

12. Export Controls. You are advised that the Software is of United States origin and subject to the United States Export Administration Regulations; diversion contrary to United States law and regulation is prohibited. You agree not to directly or indirectly export, import, download or transmit the Software to any country, end user or for any use that is prohibited by applicable United States regulation or statute (including but not limited to those countries embargoed from time to time by the United States government). You represent that neither the United States Bureau of Industry and Security nor any other governmental agency has issued sanctions against Customer or otherwise suspended, revoked or denied Customer's export privileges. You agree not to use or transfer the Software for any use relating to nuclear, chemical or biological weapons, or missile technology, unless authorized by the United States Government by regulation or specific written license. Additionally, You agree not to directly or indirectly export, import or transmit the Software contrary to the laws or regulations of any other governmental entity that has jurisdiction over such export, import, transmission or use.

13. High Risk Activities. The Software is not fault-tolerant and is not designed or intended for use in hazardous environments requiring fail-safe performance, including without limitation, in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, weapons systems, direct life-support machines, or any other application in which the failure of the Software could lead directly to death, personal injury, or severe physical or property damage (collectively, "High Risk Activities"). McAfee expressly disclaims any express or implied warranty of fitness for High Risk Activities.

14. Governing Law. This Agreement will be governed by and construed in accordance with the substantive laws in force: (a) in the State of California, if you purchased the Software in the United States, Mexico, Central America, South America, or the Caribbean; (b) in the Republic of Ireland, if you purchased the Software in Canada, Europe, Middle East, Africa, Asia, or the region commonly known as the Pacific Rim; and (c) in Japan if you purchased the Software in Japan . If you purchased the Software in any other country, then the substantive laws of the Republic of Ireland shall apply, unless another law is required to be applied. The United States District Court for the Northern District of California and the Superior Court of Santa Clara County, California, when California law applies, the courts of the Republic of Ireland, when the law of Ireland applies, and, the courts of Japan when Japanese law applies shall each have non-exclusive jurisdiction over all disputes relating to this Agreement. This Agreement will not be governed by the conflict of laws rules of any jurisdiction or the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If you are an individual consumer, this shall not affect any mandatory right you may have to take action in your country of residence and under the laws of that country.

15. Free Software. This product may include some software programs that are licensed (or sublicensed) to the user under the GNU General Public License (GPL) or other similar free software licenses which, among other rights, permit the user to copy, modify and redistribute certain programs, or portions thereof, and have access to the source code (Open Source Software). The GPL requires that for any Open Source Software covered under the GPL, which is distributed to someone in an executable binary format, that the source code also be made available to those users. For any Open Source Software covered under the GPL, the source code is made available on this CD or download package. If any Open Source Software licenses require that McAfee provide rights to use, copy or modify a Open Source Software program that are broader than the rights granted in this agreement, then such rights shall take precedence over the rights and restrictions herein.

16. Privacy. By entering into this Agreement, you agree that the McAfee privacy policy, as it exists at any relevant time, shall be applicable to you. The most current privacy policy can be found on the McAfee web site (www.McAfee.com). By entering into this Agreement, you agree to the transfer of your personal information to McAfee's offices in the United States and other countries outside of your own.

17. Audit . McAfee reserves the right to periodically use technological features to audit you to ensure that you are not using any Software in violation of this Agreement. By entering into this Agreement, you agree to the transfer of information related to such audits to McAfee's offices in the United States and other countries outside of your own.
18. Advertising. Some McAfee Software may display advertisements or search boxes. The manner, mode and extent of advertising by McAfee through its Software are subject to change. As consideration for your use of McAfee Software, you agree that McAfee shall not be responsible or liable for any loss or damage associated with any third party advertisers or sites you may chose to contact.

19. Miscellaneous. This Agreement sets forth all rights for the user of the Software and Documentation and is the entire agreement between the parties. This Agreement supersedes any other communications, representations or advertising relating to the Software and Documentation. No provision hereof shall be deemed waived unless such waiver shall be in writing and signed by McAfee. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.

20. McAfee Customer Contact. If you have any questions concerning these terms and conditions, or if you would like to contact McAfee for any other reason, please call (408) 988-3832, fax (408) 970-9727, or write: McAfee, Inc., Attention: Customer Service, 3965 Freedom Circle, Santa Clara, California 95054. Alternatively, you may contact your local McAfee entity at the number listed at http://www.McAfee.com.


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Chat with Customer Service


> Thank you for contacting McAfee Consumer Support. How can I help you?
GaneshKumar: Please give me a moment while I review the description you have typed in. In the meantime, could you please provide any additional information that may help me in resolving your issue today?
Customer: I didn't enroll in a subscription service and want it cancelled.
GaneshKumar: Dan, I see that you have valid McAfee products registered under the e-mail address xxxxxxxx@xxxxxxxx.net
Customer: Yes
GaneshKumar: If I understand you correctly Dan, you want to cancel the McAfee Always on Protection and receive refund for McAfee SecurityCenter?
Customer: Yes
GaneshKumar: Could you please let me know the reason for the refund?
Customer: I never authorized the transaction. I never enrolled in a subscription service.
Customer: I no longer want to use McAfee.
GaneshKumar: When the McAfee product is initially purchased, a user license agreement informing customers about the Always on Protection feature must be accepted. The Always on Protection feature ensures that customers are continuously protected by automatically renewing customers yearly at the current product price using the credit card or debit card information that is currently under the customer's account information. Customers who do not want to use the Always on Protection can contact McAfee at any time to turn off the feature. This feature was implemented because of strong customer demand for continuous protection.
Customer: Nope. This will not work. The McAfee product came pre-installed in my computer. You will need to provide the digital signature from me showing that I enrolled.
GaneshKumar: I can help you in processing the refund, before which I do have few options to retain you as a McAfee customer.
GaneshKumar: Would you be interested to continue the protection with McAfee, if 3-User McAfee Internet Security Suite offered to you for $45.49+TAX?
Customer: No.
GaneshKumar: Would you like to transfer this license to some other computer or to someone else under their e-mail address, instead of a refund?
Customer: No.
GaneshKumar: Thank you for all that information and you have been great in all that explanation and patient too.
GaneshKumar: Please give me a moment while I process your refund. I appreciate your patience.
Customer: Thank you.
GaneshKumar: As requested, we have refunded the McAfee Always on Protection charges of $69.99 for McAfee SecurityCenter, which will be credited to your account within 3 - 5 working days, or before you receive your next credit card statement. Your reference number will be CS4########.
GaneshKumar: The McAfee Always on Protection feature for your account under the e-mail address xxxxxx@xxxxxxx.net has been cancelled. Your account will no longer be automatically renewed.
Customer: Thank you.
GaneshKumar: Dan, I would like to recap what we have been working on today to ensure that you are comfortable with resolution that I have provided. You wanted a refund for the McAfee product that was auto renewed under your account; I have refunded it, and cancelled your McAfee Always on Protection feature. Is there anything else I can assist you with today?
Customer: No. Thank you for your help.
GaneshKumar: You may receive a survey from McAfee in the next couple of days that will give you an opportunity to provide feedback on the support we've offered. This information will be used to further improve our support. You may end this chat at your convenience. Thank you for visiting McAfee Customer Service.

Dan
Loganville, Georgia
U.S.A.

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