Terms Of Service : The following terms and conditions govern all use of the SysAlly.co
website and
all content, services and products available at or through the website (taken together, the
Website). The Website is owned and operated by PiServe Technologies Pvt Ltd. SysAlly is a brand
created by PiServe Technologies Pvt Ltd for its Server Management Businesses . The Website is
offered subject to your acceptance without modification of all of the terms and conditions contained
herein and all other operating rules, policies (including, without limitation, SysAlly's Privacy
Policy) and procedures that may be published from time to time on this Site by SysAlly
(collectively, the "Agreement"). Please read this Agreement carefully before accessing or using the
Website. By accessing or using any part of the web site, you agree to become bound by the terms and
conditions of this agreement. If you do not agree to all the terms and conditions of this agreement,
then you may not access the Website or use any services. If these terms and conditions are
considered an offer by SysAlly, acceptance is expressly limited to these terms. The Website is
available only to individuals who are at least 13 years old.
Your SysAlly.Com Account And Site
If you create a blog/site on the Website, you are responsible for maintaining the security of your
account and blog, and you are fully responsible for all activities that occur under the account and
any other actions taken in connection with the blog. You must not describe or assign keywords to
your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or
reputation of others, and SysAlly may change or remove any description or keyword that it considers
inappropriate or unlawful, or otherwise likely to cause SysAlly liability. You must immediately
notify SysAlly of any unauthorized uses of your blog, your account or any other breaches of
security. SysAlly will not be liable for any acts or omissions by You, including any damages of any
kind incurred as a result of such acts or omissions.
Responsibility Of Contributors
If you operate a blog, comment on a blog, post material to the Website, post links on the Website,
or otherwise make (or allow any third party to make) material available by means of the Website (any
such material, "Content"), You are entirely responsible for the content of, and any harm resulting
from, that Content. That is the case regardless of whether the Content in question constitutes text,
graphics, an audio file, or computer software. By making Content available, you represent and
warrant that: The downloading, copying and use of the Content will not infringe the proprietary
rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any
third party; If your employer has rights to intellectual property you create, you have either (i)
received permission from your employer to post or make available the Content, including but not
limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the
Content;You have fully complied with any third-party licenses relating to the Content, and have done
all things necessary to successfully pass through to end users any required terms;The Content does
not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive
content;The Content is not spam, is not machine- or randomly-generated, and does not contain
unethical or unwanted commercial content designed to drive traffic to third party sites or boost the
search engine rankings of third party sites, or to further unlawful acts (such as phishing) or
mislead recipients as to the source of the material (such as spoofing);The Content is not
pornographic, does not contain threats or incite violence towards individuals or entities, and does
not violate the privacy or publicity rights of any third party;Your blog is not getting advertised
via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web
sites, and similar unsolicited promotional methods; Your blog is not named in a manner that misleads
your readers into thinking that you are another person or company. For example, your blog's URL or
name is not the name of a person other than yourself or company other than your own; andYou have, in
the case of Content that includes computer code, accurately categorized and/or described the type,
nature, uses and effects of the materials, whether requested to do so by SysAlly or otherwise. By
submitting Content to SysAlly for inclusion on your Website, you grant SysAlly a world-wide,
royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely
for the purpose of displaying, distributing and promoting your blog. If you delete Content, SysAlly
will use reasonable efforts to remove it from the Website, but you acknowledge that caching or
references to the Content may not be made immediately unavailable.Without limiting any of those
representations or warranties, SysAlly has the right (though not the obligation) to, in SysAlly's
sole discretion
(i) refuse or remove any content that, in SysAlly's reasonable opinion, violates any SysAlly policy
or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the Website to any individual or entity for any reason,
in SysAlly's sole discretion. SysAlly will have no obligation to provide a refund of any amounts
previously paid.
Payment And Renewal.
General Terms
By selecting a product or service, you agree to pay SysAlly the one-time and/or monthly or annual
subscription fees indicated (additional payment terms may be included in other communications).
Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and
will cover the use of that service for a monthly or annual subscription period as indicated.
Payments are not refundable.
Automatic Renewal.
Unless you notify SysAlly before the end of the applicable subscription period that you want to
cancel a subscription, your subscription will automatically renew and you authorize us to collect
the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes)
using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled
at any time by submitting your request to SysAlly in writing.
Services
Fees; Payment
By signing up for a Services account you agree to pay SysAlly the applicable setup fees and
recurring fees. Applicable fees will be invoiced starting from the day your services are established
and in advance of using such services. SysAlly reserves the right to change the payment terms and
fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime
on thirty (30) days written notice to SysAlly.
Support
If your service includes access to priority email support. "Email support" means the ability to make
requests for technical support assistance by email at any time (with reasonable efforts by SysAlly
to respond within one business day) concerning the use of the VIP Services. "Priority" means that
support takes priority over support for users of the standard or free SysAlly. co services. All
support will be provided in accordance with SysAlly standard services practices, procedures and
policies.
Responsibility Of Website Visitors
SysAlly has not reviewed, and cannot review, all of the material, including computer software,
posted to the Website, and cannot therefore be responsible for that material's content, use or
effects. By operating the Website, SysAlly does not represent or imply that it endorses the material
there posted, or that it believes such material to be accurate, useful or non-harmful. You are
responsible for taking precautions as necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain
content that is offensive, indecent, or otherwise objectionable, as well as content containing
technical inaccuracies, typographical mistakes, and other errors. The Website may also contain
material that violates the privacy or publicity rights, or infringes the intellectual property and
other proprietary rights, of third parties, or the downloading, copying or use of which is subject
to additional terms and conditions, stated or unstated. SysAlly disclaims any responsibility for any
harm resulting from the use by visitors of the Website, or from any downloading by those visitors of
content there posted.
Content Posted On Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made
available through the websites and webpages to which SysAlly.co links, and that link to SysAlly.co.
SysAlly does not have any control over those non-SysAlly websites and webpages, and is not
responsible for their contents or their use. By linking to a non-SysAlly website or webpage, SysAlly
does not represent or imply that it endorses such website or webpage. You are responsible for taking
precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan
horses, and other harmful or destructive content. SysAlly disclaims any responsibility for any harm
resulting from your use of non-SysAlly websites and webpages.
Copyright Infringement And DMCA Policy
As SysAlly asks others to respect its intellectual property rights, it respects the intellectual
property rights of others. If you believe that material located on or linked to by SysAlly.co
violates your copyright, you are encouraged to notify SysAlly in accordance with SysAlly's Digital
Millennium Copyright Act ("DMCA") Policy. SysAlly will respond to all such notices, including as
required or appropriate by removing the infringing material or disabling all links to the infringing
material. SysAlly will terminate a visitor's access to and use of the Website if, under appropriate
circumstances, the visitor is determined to be a repeat infringer of the copyrights or other
intellectual property rights of SysAlly or others. In the case of such termination, SysAlly will
have no obligation to provide a refund of any amounts previously paid to SysAlly.
Intellectual Property
This Agreement does not transfer from SysAlly to you any SysAlly or third party intellectual
property, and all right, title and interest in and to such property will remain (as between the
parties) solely with SysAlly. SysAlly, SysAlly.co, the SysAlly.co logo, and all other trademarks,
service marks, graphics and logos used in connection with SysAlly.co, or the Website are trademarks
or registered trademarks of SysAlly or SysAlly's licensors. Other trademarks, service marks,
graphics and logos used in connection with the Website may be the trademarks of other third parties.
Your use of the Website grants you no right or license to reproduce or otherwise use any SysAlly or
third-party trademarks.
Advertisements
SysAlly reserves the right to display advertisements on your blog unless you have purchased an
ad-free account.
Attribution
SysAlly reserves the right to display attribution links such as 'Blog at SysAlly.co,' theme author,
and font attribution in your blog footer or toolbar.
Partner Products
By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's
terms of service. You can opt out of their terms of service at any time by de-activating the partner
product.
Domain Names
If you are registering a domain name, using or transferring a previously registered domain name, you
acknowledge and agree that use of the domain name is also subject to the policies of the Internet
Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and
Responsibilities
Changes
SysAlly reserves the right, at its sole discretion, to modify or replace any part of this Agreement.
It is your responsibility to check this Agreement periodically for changes. Your continued use of or
access to the Website following the posting of any changes to this Agreement constitutes acceptance
of those changes. SysAlly may also, in the future, offer new services and/or features through the
Website (including, the release of new tools and resources). Such new features and/or services shall
be subject to the terms and conditions of this Agreement.
Termination
SysAlly may terminate your access to all or any part of the Website at any time, with or without
cause, with or without notice, effective immediately. If you wish to terminate this Agreement or
your SysAlly.co account (if you have one), you may simply discontinue using the Website.
Notwithstanding the foregoing, if you have a paid services account, such account can only be
terminated by SysAlly if you materially breach this Agreement and fail to cure such breach within
thirty (30) days from SysAlly's notice to you thereof; provided that, SysAlly can terminate the
Website immediately as part of a general shut down of our service. All provisions of this Agreement
which by their nature should survive termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer Of Warranties
The Website is provided "as is". SysAlly and its suppliers and licensors hereby disclaim all
warranties of any kind, express or implied, including, without limitation, the warranties of
merchantability, fitness for a particular purpose and non-infringement. Neither SysAlly nor its
suppliers and licensors, makes any warranty that the Website will be error free or that access
thereto will be continuous or uninterrupted. You understand that you download from, or otherwise
obtain content or services through, the Website at your own discretion and risk.
Limitation Of Liability
In no event will SysAlly, or its suppliers or licensors, be liable with respect to any subject
matter of this agreement under any contract, negligence, strict liability or other legal or
equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to SysAlly under this agreement during the
twelve (12) month period prior to the cause of action.
SysAlly shall have no liability for any failure or delay due to matters beyond their reasonable
control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation And Warranty
You represent and warrant that (i) your use of the Website will be in strict accordance with the
SysAlly Privacy Policy, with this Agreement and with all applicable laws and regulations (including
without limitation any local laws or regulations in your country, state, city, or other governmental
area, regarding online conduct and acceptable content, and including all applicable laws regarding
the transmission of technical data exported from the United States or the country in which you
reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual
property rights of any third party.
Indemnification
You agree to indemnify and hold harmless SysAlly, its contractors, and its licensors, and their
respective directors, officers, employees and agents from and against any and all claims and
expenses, including attorneys' fees, arising out of your use of the Website, including but not
limited to your violation of this Agreement
Miscellaneous
This Agreement constitutes the entire agreement between SysAlly and you concerning the subject
matter hereof, and they may only be modified by a written amendment signed by an authorized
executive of SysAlly, or by the posting by SysAlly of a revised version. Except to the extent
applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will
be governed by the laws of the Hyderabad, India, excluding its conflict of law provisions, and the
proper venue for any disputes arising out of or relating to any of the same will be the state and
federal courts located in Hyderabad, India. Except for claims for injunctive or equitable relief or
claims regarding intellectual property rights (which may be brought in any competent court without
the posting of a bond), any dispute arising under this Agreement shall be finally settled in
accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation
Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration
shall take place in Kochi, India, in the English language and the arbitral decision may be enforced
in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be
entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or
unenforceable, that part will be construed to reflect the parties' original intent, and the
remaining portions will remain in full force and effect. A waiver by either party of any term or
condition of this Agreement or any breach thereof, in any one instance, will not waive such term or
condition or any subsequent breach thereof. You may assign your rights under this Agreement to any
party that consents to, and agrees to be bound by, its terms and conditions; SysAlly may assign its
rights under this Agreement without condition. This Agreement will be binding upon and will inure to
the benefit of the parties, their successors and permitted assigns.