Last Updated on 02nd March, 2022
THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER "YOU" OR "YOUR") AND THE APPLICABLE ZOHO CONTRACTING ENTITY LISTED HERE (HEREINAFTER "ZOHO") GOVERNING YOUR USE OF SITE24x7 SERVICE (HEREINAFTER "SITE24X7").
Zoho currently offers Site24x7 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.
You may subscribe to Site24x7 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 If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if Zoho has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, Zoho has the right to terminate your Account and refuse current or future use the Service.
If you register for a free trial of the Service, Zoho will make the Service available to you on a trial basis free of charge until the earlier of (i) the end of the free trial period of the Service (unless terminated earlier by you), (ii) the start date of the paid subscription period for the Service, or (iii) termination by Zoho in its sole discretion. We reserve the right to terminate your trail account unless you (i) purchase the corresponding paid subscription plan for the account, (ii) purchase applicable Service upgrades, or (iii) export such data before the end of the trial period. In the event of such termination, any data that you enter into the Service, and any customizations made to the Service during the free trial will be permanently lost. Notwithstanding anything contained in this Section, Service is offered as-is during the free trial, without any warranty, covenant, support or liability whatsoever, to the extent permitted by law.
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 email@example.com if you do not wish to permit Zoho to publish your name in the manner mentioned above.
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 Services 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.
When you subscribe to Site24x7's paid Account, you agree to pay for the Site24x7 Service in accordance with Site24x7's price schedule. You can pay for Site24x7 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.
In the event any tax such as GST, VAT, sales tax or the like is chargeable by Zoho in accordance with any local, state, provincial or foreign laws with respect to your subscription to our Services ("Taxes"), Zoho will invoice you for such Taxes. You agree to pay Zoho such Taxes in addition to the subscription fees. Zoho shall provide you with an invoice in the format prescribed by the applicable local, state, provincial or foreign laws to help you avail the applicable input tax credit for the Taxes so paid.
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 services; (ii) provide any service based on the services without any prior written permission; (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; vi) allow user licenses to be shared or used by more than one individual other than by way of reassigning the user license to a new user; (vii) except as permitted under applicable law, attempt to disassemble, reverse engineer or decompile the Service; (viii) attempt to gain unauthorized access to the Service or its related systems or network; (ix) use the Service to send or store material containing software viruses, worms or other harmful computer codes, files, scripts or programs; (x) use the Service in any manner that interferes with or disrupts the integrity, security or performance of the Service, its components and the data contained therein; (xi) host, display, upload, modify, publish, transmit, store, update or share any information that belongs to another person or entity and to which you do not have any right, including personal or confidential information of any person or entity with respect to which you do not have consent or permission from such person or entity; (xii) use the Service for transmitting information that is false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; (xiii) violate any applicable local, state, national or international law; (xiv) use the Service for any form of competitive or benchmarking purposes; and (xv) remove or obscure any proprietary or other notices contained in the Service.
The location of the cloud facility from which you are served depends on the mapping of your region/country to the available cloud facilities at the time of your sign-up. We may migrate your account or require you to migrate your account to a different cloud facility in the event of any updates to the region/country to cloud facility mapping at any point of time. You must not mask your internet protocol (IP) address at the time of sign-up since your region/country is determined base on your IP address. If, at any time, your actual region/country is found to be different from the region/country in our records, Zoho may take appropriate action such as migrate your account or require you to migrate your account to the cloud facility corresponding to your region/country, or close your account and deny the Service to you. If you are served from a cloud facility outside your region/country and a Zoho group entity has an office in your region/country, apart from storing the data in the cloud facility assigned to you, we may store a local copy of the data in your region/country.
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 Corporation Private Limited. You agree not to display or use, in any manner, the Zoho trademarks, without Zoho's prior permission.
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 SERVICES. 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.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZOHO BE LIABLE FOR ANY 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. IN NO EVENT SHALL ZOHO’S ENTIRE LIABILITY TO YOU IN RESPECT OF THE SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED ONE THOUSAND DOLLARS ($1000) OR THE FEES PAID BY YOU DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT GIVING RISE TO SUCH LIABILITY, WHICHEVER IS HIGHER. 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.
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.
Zoho may modify these Terms of Service upon notice to you at any time. You will be provided notice of any such modification by electronic mail or by publishing the changes on the web page. In the event Zoho modifies these Terms of Service, you may terminate your use of the Service. Your continued use of the Service after notice of any change to the Terms of Service will be deemed to be your agreement to the amended Terms of Service.
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 any provision of these Terms or the General Terms of Service or iii) Zoho determines that supporting the API is likely to result in a security risk to Zoho.
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.
The governing law and jurisdiction that will apply in case of any dispute or lawsuit arising out of or in connection with this Agreement, will depend on your billing address if you are a paid customer and your state or country of domicile in all other cases. Accordingly, each party agrees to the governing law (without regard to choice or conflicts of law rules) and to the exclusive jurisdiction of the courts mentioned herein in case of any dispute or lawsuit arising out of or in connection with this Agreement.
If you have any questions or concerns regarding this agreement, please contact us at firstname.lastname@example.org