Terms of Service

Published on: 4th April, 2014

THIS IS AN AGREEMENT BETWEEN YOU OR THE ENTITY THAT YOU REPRESENT (hereinafter referred as "You" or "Your") AND ZOHO CORPORATION (hereinafter referred as "Zoho") GOVERNING YOUR USE OF RECOVERYMANAGER PLUS (hereinafter referred as "Service"). PLEASE READ THE FOLLOWING TERMS OF SERVICE (hereinafter referred as "TERMS") CAREFULLY BEFORE USING THE SERVICE. IF YOU DO NOT AGREE TO THE TERMS, DO NOT USE THE SERVICE.

Description Of The Service

ManageEngine RecoveryManager Plus is web-based Active Directory Backup and Restoration software. This solution comes with Active Directory change control and restoring capabilities that help in quickly restoring any accidental change made to an object or any specific attribute.

User Registration Obligations

You can access the Service using the OpenID authentication providers supported by Zoho. We will collect your name and corporate contact information to verify your identity and to send service announcements, follow-up communications and newsletters. You understand that these communications shall be considered part of using the Service. You may opt out of receiving newsletters and other secondary messages from Zoho by selecting the 'unsubscribe' function present in the message we send. However, you will not be able to opt-out from receiving service announcements and administrative messages.

You agree to: a) provide true, accurate, current and complete information about yourself as prompted by the sign up process; and b) maintain and promptly update the information provided during sign up to keep it true, accurate, current, and complete.

Privacy

Zoho will not collect any third party personal information unless such information is provided knowingly by You. Such personal information will be used only for the purpose of providing you the best possible service. We will neither sell nor rent such personal information to anyone for promotional purposes, nor utilize it for any purposes not expressly consented to by you.

With Whom We Share Information

We will not share or disclose your personal information without your consent. However, upon receipt of a valid subpoena or court order seeking your personal information and contents of your user account, we will make best efforts to notify you in order to afford you an opportunity to take legal action against such subpoena or court order. We may also disclose personal information and contents of your user account to law enforcement authorities if such disclosure is determined to be necessary by Zoho in our sole and absolute discretion for protecting the safety of our users, employees or the general public.

Visitor Details

We use the Internet Protocol address, browser type, browser language, referring URL, files accessed, errors generated, time zone, operating system and other visitor details collected in our log files to analyze the trends, administer the website, track visitor's movements and to improve our website.

Cookies

We use temporary and permanent cookies to enhance your experience of the Service. Temporary cookies will be removed from your computer each time you close your browser. If you have turned cookies off, you may not be able to use registered areas of the website. We tie cookie information to your browser to maintain and recall your preferences within the website.

Transfer Of Information Outside Your Country

We and our service providers may transfer the information stored by you to servers that are located outside your country. You consent to such transfer of information outside your country.

Fees And Payments

Subscriptions to paid Service are available on monthly and yearly subscription plans. In the event of termination of the subscription, you will be refunded the subscription fee for the unused portion of the subscription period. Zoho reserves the right to change the subscription fee and to charge for use of Services that are currently available free of charge.

Restrictions On Use

Your usage of the services is subject to applicable local, state and international laws. You shall not:

  1. Transfer or otherwise make available to any third party the Service;
  2. Provide any service based on the Service without prior written permission;
  3. Contains software viruses or other harmful computer code, files or programs
  4. Interfere with or disrupt servers or networks connected to the Service or
  5. Use the Services for any illegal purposes.

Trademark

Zoho, Zoho logo, ManageEngine and ManageEngine logos are trademarks of ZOHO Corporation. 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 SERVICEIS 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 AND FITNESS FOR A PARTICULAR PURPOSE. ZOHO MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR VIRUS FREE. USE OF ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE SERVICE SHALL BE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, WIRELESS DEVICE OR DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OF ANY SUCH MATERIAL. 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 THE TERMS.

Limitation Of Liability

YOU AGREE THAT ZOHO SHALL, IN NO EVENT, 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. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH ZOHO RELATED TO THE SERVICE SHALL BE TERMINATION OF SUCH SERVICE. IN NO EVENT SHALL ZOHO’S ENTIRE LIABILITY TO YOU IN RESPECT OF THE SERVICE, WHETHER DIRECT OR INDIRECT, EXCEED THE FEES PAID BY YOU TOWARDS SUCH SERVICE.

Indemnification

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 the Terms, or any other claim related to your use of the Service, except where such use is authorized by Zoho.

Arbitration

Any controversy or claim arising out of or relating to the Terms shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in California and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Zoho may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.

Suspension And Termination

We reserve the right to terminate your user account, upon reasonable belief that you have violated the Terms. We may suspend your user account or temporarily disable access to whole or part of the Service in the event of any suspected illegal activity or requests by law enforcement or other government agencies. Objections to suspension or disabling of user accounts should be made to legal@zohocorp.com within thirty days of being notified about the suspension. We may terminate a suspended or disabled user account after thirty days. In addition, we will also terminate your user account on your request.

Modification Of Terms Of Service

We may modify the Terms 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 website rmp.managenengine.com. You may terminate your use of the Service, if the Terms are modified in a manner that substantially affects your rights in connection with use of the Service. Your continued use of the Service after notice of any change to the Terms will be deemed to be your agreement to the amended Terms.

End Of Terms Of Service

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

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