Updated on: 01st June 2017
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT ("YOU" OR "YOUR") AND ZOHO CORPORATION B.V., A PRIVATE COMPANY WITH LIMITED LIABILITY, INCORPORATED AND EXISTING UNDER DUTCH LAW, HAVING ITS REGISTERED OFFICE IN AMSTERDAM, THE NETHERLANDS AND ITS OFFICE ADDRESS AT HOOGOORDDREEF 15 (1101 BA) AMSTERDAM, REGISTERED WITH THE TRADE REGISTER UNDER NUMBER (63503387) (HEREINAFTER "ZOHO") GOVERNING YOUR USE OF SITE24x7 SERVICE ( “SERVICE”) (“the TERMS OF SERVICE”).
Description of Service
Zoho currently offers the Service as both free and paid service. The Service enables you to monitor websites, applications, servers, network devices, etc. You agree to obtain prior verifiable permission from the owners of such resources that are being monitored using the Service.
Subscription to the Service
You may subscribe to the Service by completing the registration process at the Site24x7 website. Zoho reserves the right to modify or discontinue, at any time and from time to time, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Zoho shall not be liable to you or to any third party for any harm related to, arising out of, or caused by the modification, suspension or discontinuance of the Service for any reason.
In consideration of your use of the Service, you agree to: a) provide true, accurate, current and complete information about yourself as prompted by the registration process; and b) maintain and promptly update your registration data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Zoho has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Zoho has the right to terminate your Site24x7 Account and refuse current or future use the Service.
Personal Information and Privacy
Zoho reserves the right to publish your name and logo in the customer list on our website, press releases, advertisements, brochures and other promotional materials. You should email firstname.lastname@example.org if you do not wish to permit Zoho to publish your name in the manner mentioned above.
Communications from Zoho
The Service may include certain communications from Zoho, such as service announcements, administrative messages and newsletters. You understand that these communications shall be considered part of using the Service and that you will not be able to opt out of receiving them. Further, Zoho reserves the right to send electronic mail to you, informing you of changes or additions to the Terms of Service.
Fees and Payments
When you subscribe to Site24x7's paid Account, you agree to pay for the Service in accordance with Site24x7's price schedule. You can pay for the Service either by credit card, Paypal account or by raising a Purchase Order. Subscriptions made through credit card will automatically renew, unless you cancel your subscription. You agree to notify Site24x7 of any changes to your credit card account number and/or its expiration date.
Restrictions on use
In addition to all other terms and conditions of this Agreement, you shall not: (i) transfer or otherwise make available to any third party the Service; (ii) provide any service based on the Service; (iii) use the third party links to sites without agreeing to their website terms & conditions; (iv) post any third party link sites including their logo, company name, etc. without their prior written permission; or (v) use the for illegal purposes.
Accessing Third Party Applications Integrated with the Service
Administrator and Primary Contact
You will be the default administrator of the Site24x7 Account created by you. If you join a Site24x7 Account based on an invitation received from someone, such person will be the default administrator. An administrator of a Site24x7 Account may designate any number of users as administrators for such Site24x7 Account or revoke the administrator privileges of any user. There must always be a primary contact (and only one primary contact) for a Site24x7 Account who should also be an administrator. By default, the first administrator is the primary contact. An administrator may designate any other administrator as the primary contact. All communications in respect of a Site24x7 Account will be sent to the primary contact.
Zoho, Zoho logo, Site24x7 and Site24x7 logo are trademarks of Zoho. You agree not to display or use, in any manner, the Zoho trademarks, without Zoho's prior permission.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE BASIS. ZOHO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ZOHO MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF THE SERVICE WILL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM ZOHO, ITS EMPLOYEES OR REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZOHO BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER LOSS OR DAMAGE WHATSOEVER OR FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER LOSS ARISING OUT OF OR CAUSED BY YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ZOHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ZOHO RELATED TO THE SERVICE SHALL BE CANCELLATION OF THE SERVICE. THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO YOU IF YOUR STATE DOES NOT PERMIT SUCH EXCLUSION OR LIMITATION OF LIABILITY.
You agree to indemnify and hold harmless Zoho, its officers, directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses (including attorney's fees and costs) arising out of or relating to any claims that you have used the Service in violation of another party's rights, in violation of any law, in violations of any provisions of these Terms of Service, or any other claim related to your use of the Service.
Usage Limits for Site24x7
Zoho may prescribe usage limits based on the subscription plan chosen by you. You must make sure that your usage is within the usage limits prescribed by Zoho in order to avail uninterrupted service. You understand that Zoho may restrict an activity if you reach the usage limit corresponding to such activity.
Modification of Terms of Services
We may modify the Terms of Service upon notice to you at any time through a service announcement or by sending email to your primary email address. If we make significant changes to the Terms of Service that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Service by providing Zoho notice by email within 30 days of being notified of the availability of the modified Terms of Service if the Terms of Service are modified in a manner that substantially affects your rights in connection with use of the Service. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Terms of Service will be deemed to be your agreement to the modified Terms of Service.
TERMS FOR USE OF SITE24x7 API
Integration of Site24x7 with Third Party Applications using APIs provided by Zoho requires technical skill. You understand that errors or defects in the integration may cause loss and corruption of data. You must make sure that you use the services of technically skilled persons for the integration. You agree that Zoho is not liable for any loss and corruption of data caused due to errors or defects in the integration.
You must not try to access any functionality that is not exposed in the documentation for the API. You understand and agree that Zoho will not be liable for the consequences of accessing or using any unexposed functionality of the API.
Zoho, in its discretion, may cease providing the current version of the API either as a result of discontinuation of the API or upgradation of the API to a newer version. In both cases, the current version of the API will stand deprecated and become the deprecated version of the API (hereinafter "Deprecated Version"). When Zoho decides to deprecate the current version of the API, You will be informed about such deprecation through a service announcement. For a period of six months following announcement of deprecation (hereinafter the "Deprecation Period"), Zoho will use commercially reasonable efforts to support the Deprecated Version. You understand that Zoho is not obliged to provide the features of the newer version in the Deprecated Version.
Zoho in its discretion may cease supporting the Deprecated Version during the Deprecation Period if i) Zoho is required to do so by law or ii) You have breached Terms of Service or iii) Zoho determines that supporting the API is likely to result in a security risk to Zoho.
API Usage Limits
Zoho may prescribe usage limits, including limits on the number of calls, number of records per call, bandwidth usage and frequency of calls. You are required to adhere to the usage limits prescribed by Zoho in order to avail uninterrupted service. You understand that Zoho may restrict an activity if you reach the usage limit corresponding to such activity and that an API call may either fail or be partially executed if the usage limits are reached before or during an API call.
END OF TERMS OF SERVICE
If you have any questions or concerns regarding this agreement, please contact us at email@example.com