PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE24x7 SERVICE. USE OF THE SERVICE WILL SIGNIFY YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.

Purpose of Agreement

The Site24x7 Service is made available to you by AdventNet subject to the following Terms of Service. AdventNet may also offer other services that are governed by a different Terms of Service. AdventNet provides the services only to persons who are above 13 years of age. By using the services, you represent that you are 13 years or older.

Description of Service

AdventNet currently offers Site24x7 Service as both free and paid service. The Service enables you to monitor URL(s) and or IP address(es). You agree to obtain prior verifiable permission from the ownsers of the URL(s) and or IP address(es) "Owner(s)" that are monitored using the Service. You shall not monitor a server from more than one account. Account shall mean single registration for Site24x7 service.

Subscription to Site24x7 Service

You may subscribe to Site24x7 Service by completing the registration process at the Site24x7 website. AdventNet 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 AdventNet 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.

Modification of Terms of Service

AdventNet 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 http://site24x7.com/website/terms.html. In the event AdventNet 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.

Member Registration Obligations

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 If you provide any information that is untrue, inaccurate, outdated, or incomplete, or if AdventNet has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, AdventNet has the right to terminate your Account and refuse current or future use the Service.

Personal Information and Privacy

Personal information you provide to AdventNet through the Service is governed by Site24x7 Privacy Policy and applicable laws related to personal information. Your election to use the Service indicates your acceptance of the terms of the Site24x7 Privacy Policy. You are responsible for maintaining the confidentiality of your Account information and other sensitive information. You are responsible for all activities that occur in your Account and you agree to notify AdventNet immediately of any unauthorized Account use at support@site24x7.com. AdventNet is in no way responsible for any loss or damage to you or to any third party incurred as a result of any unauthorized access and/or use of your Account, or otherwise.

Communications from AdventNet

The Service may include certain communications from AdventNet, 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, AdventNet 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 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.

Restriction of 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 services; (ii) provide any service based on the services; (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.

Trademarks

AdventNet, AdventNet logo, Site24x7 and Site24x7 logo are trademarks of AdventNet. Inc. You agree not to display or use, in any manner, the AdventNet trademarks, without AdventNet' 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. ADVENTNET 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. ADVENTNET 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 ADVENTNET, 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 ADVENTNET 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 ADVENTNET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ADVENTNET 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.

Indemnification

You agree to indemnify and hold harmless AdventNet, 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.

Termination

You agree that AdventNet may terminate your Account and access to the Service for reasons including, but not be limited to, breaches or violations of these Terms of Service or the Zoho Privacy Policy, a request by you to terminate your Account, discontinuance or material modification to the Services, unexpected technical issues or problems, extended periods of inactivity and requests by law enforcement or other government agencies. Termination of your AdventNet Account includes termination of access to the Service, deletion of your Account information such as your e-mail ID and Password and deletion of data in your Account as permitted or required by law.

END OF TERMS OF SERVICE

If you have any questions or concerns regarding this agreement, please contact us at legal@adventnet.com