| AdventNet,
Inc. Beta Service Agreement for Zoho Creator YOU SHOULD CAREFULLY
READ THE FOLLOWING TERMS AND CONDITIONS BEFORE USING THE BETA SOFTWARE.
ADVENTNET, INC. IS ONLY WILLING TO PROVIDE THE BETA SERVICE TO YOU UNDER
THESE TERMS AND CONDITIONS. ANY USE OF THE BETA SERVICE WILL SIGNIFY YOUR
AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE
TO THESE TERMS AND CONDITIONS, DO NOT PROCEED.
1. Purpose of Agreement
1.1 This service agreement ("Agreement") for use of Zoho Creator,
hosted service of AdventNet, Inc. ("Beta Service" or "Service"),
is between AdventNet, Inc. ("AdventNet", "us", or
"our") and the Subscriber ("you" or "your").
This Agreement sets forth the terms and conditions under which AdventNet
agrees to provide, and you agree to use, the Beta Service.
1.2 AdventNet, Inc. shall have sole authority and discretion to determine
the period of time for testing and evaluation of the Beta Service. AdventNet,
Inc. shall be the sole judge of the success of such testing and the decision,
if any, to offer the Beta Service as a commercial service. License shall
have no obligation to acquire a subscription to use the Beta Service released
as a commercial service.
2. Description of Beta Service
AdventNet provides Beta members to use Zoho Creator Service to create
and share applications. The service can be accessed through the Internet.
3. Right to Terminate/Modify Terms of Service
AdventNet may modify these Terms of Service upon notice to you at any
time. These modifications may include, without limitation, charging for
the Beta Service. AdventNet may provide notice to you of any such modification
by electronic mail or by publishing the changes on its Web site. In the
event AdventNet modifies these Terms of Service, you may terminate your
use of the Beta Service. Your continued use of the Beta Service after
notice of any change to the Terms of Service will be deemed to be your
agreement to the amended Terms of Service. AdventNet may also terminate
your use or right to use the Beta Service at any time for any reason.
AdventNet reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Beta 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 matter related to, araising
out of, or caused by the modification, suspension or discontinuance of
the Beta Service for any reason.
4. Beta Member Registration Obligations
In consideration of your use of the free Beta Service, you agree to: a)
provide true, accurate, current, and complete information about yourself
as prompted by the Beta Registration Process; and b) maintain and promptly
update your Beta Registration data to keep it true, accurate, current,
and complete. If you provide any information that is untrue, inaccurate,
not current, or incomplete, or if AdventNet has reasonable grounds to
suspect that such information is untrue, inaccurate, not current, or incomplete,
AdventNet has the right to terminate your Beta Membership and refuse current
or future use of the Beta Service.
5. Personal Information and Privacy
Personal information you provide to AdventNet through the Service is governed
by AdventNet - Zoho Creator's Privacy Policy and applicable laws related
to personal information. Your election to use the Beta Service indicates
your acceptance of the terms of the AdventNet 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@zohocreator.com. AdventNet is
in no way responsible for any loss or damages to you or to any third party
incurred as a result of any unauthorized access and/or use of your Beta
Member Account, or otherwise.
6. Fees and Payments
AdventNet reserves the right at any time to charge fees for access to
portions of the Beta Service or the Beta Service as a whole. However,
in no event will you be charged for access to the Beta Service unless
we obtain your prior agreement to pay such charges. Thus, if at any time
AdventNet requires a fee for the Beta Service, AdventNet will give you
reasonable advance notice of such fees and the opportunity to cancel your
membership before such charges are imposed. If you elect not to pay any
fees charged by AdventNet, AdventNet shall have the right to cease providing
the Beta Service to you. Further, AdventNet reserves the right to send
electronic mail to you, informing you of changes or additions to the Terms
of Service. AdventNet reserves the right to disclose information about
usage of the Beta Service and demographics, but your personal identity
will not be revealed.
7. Trademark
AdventNet, AdventNet logo, Zoho, Zoho Creator, Zoho Creator logo are trademarks
of AdventNet. Inc. All rights are reserved to AdventNet, Inc. You agree
not to display or use, in any manner, the AdventNet trademarks, without
AdventNet' s prior permission.
8. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USE OF THE BETA SERVICE IS
AT YOUR SOLE RISK. THE BETA SERVICE IS PROVIDED ON AN AS-IS-AND-AS-AVAILABLE
BASIS. ADVENTNET EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ADVENTNET MAKES
NO WARRANTY THAT THE BETA SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
VIRUS FREE, OR THAT ANY ERRORS IN THE SOFTWARE OR BETA SERVICE WILL BE
CORRECTED. ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE
BETA SERVICE IS DONE 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 BETA SERVICE
OR THE DOWNLOAD OF ANY SUCH MATERIAL. 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.
9. 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 DAMAGES WHATSOEVER OR FOR DAMAGES FOR LOSS OF BUSINESS
PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION,
OR OTHER LOSS ARISING OUT OF THE BETA SERVICE, THE USE OF OR INABILITY
TO USE THE BETA SERVICE, EVEN IF ADVENTNET HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ADVENTNET
RELATED TO THE BETA SERVICE SHALL BE CANCELLATION OF THE BETA SERVICE.
Because some jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, the above limitation
may not apply to you.
10. 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 Beta Service in
violation of another party’s rights, in violation of any law, in
violations of any terms of these Terms of Service, or other claim related
to your use of the Beta Service.
11. Termination
You agree that AdventNet may terminate your Beta Member Account and access
to the Beta Service for any reason. Cause for such termination may include
but not be limited to breaches or violations of these Terms of Service
or the AdventNet Privacy Policy, a request by you to terminate your Account,
discontinuance or material modification to the Beta Service, unexpected
technical issues or problems, extended periods of inactivity, and requests
by law enforcement or other government agencies. Termination of your AdventNet
Beta Account includes elimination of access to the Beta Service, deletion
of your account information such as your e-mail ID and Password, and deletion
of data in your Beta Member Account as permitted or required by law. If
you have any questions or concerns regarding this agreement, please contact
us at support@zohocreator.com |