Attention: By using the www.digitalyoke.com web site (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Please read these terms (Hereinafter: Agreement) carefully before accessing or using this website (digitalyoke.com). Your access to and use of this site is governed by this agreement. By accessing or using this site, including, without limitation, use of any services, software or materials (as those terms are below), You agree to be bound by the terms and conditions of this agreement. If you do not accept this agreement, do not access of use this site, digitalyoke.com.
By proceeding to install digitalyoke production suite (or any updates to this Software that we may make available from time to time), you agree to the terms of this page and your use of such Software (including any updates) will be in compliance with these Terms and Conditions. If you do not agree to these, we are unwilling to license our Software to you. In this case, you may not install our Software and you must discontinue the installation process.
Violation of any of the terms below will result in the termination of your Account. While digitalyoke prohibits such conduct and content on the Service, you understand and agree that digitalyoke cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
Digitalyoke reserves the right to update and change the Terms from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at Terms of Service.
Use of the Digitalyoke Software
You agree to use the Software solely for the use of you or the entity that you represent. You agree not to enable public performance or other activities prohibited by applicable copyright law.
You may not use the Service to:
(1) Infringe on any proprietary right of any party;
(2) invade the privacy right of any person or entity;
(3) misrepresent the identity of a user;
(4) impersonate any person or entity, including any employee or representative of digitalyoke or its affiliated companies;
(5) conduct fraudulent or other illegal activities;
(6) Resell, transfer or sublicense any aspect of the Service;
(7) Collect or harvest information regarding other users of the Service for any reason whatsoever, including, without limitation, for sending such users unsolicited bulk e-mail or other forms of unsolicited bulk communications.
You must not access or use the Service is you are prohibited from doing so under applicable laws, rules and regulations of your resident country, the country from which you are accessing the Services. Otherwise Digitalyoke reserves the right, in its sole discretion, to suspend or terminate your access to and use of the Services at any time, with or without notice.
Accounts Terms
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- Whenever you are asked by the Service, you must provide your legal full name and a valid phone number and any other information requested in order to proceed. Provide dummy or false information is strictly prohibited. This entity will be registered as the Account Holder.
- Your login may be used by more than one persons. The Service does not prevent multiple simultaneous logins, but cannot be held liable for any security issues that arise from such use. You confirm that all persons that you provide access to your Account have agreed to these Terms.
- You are responsible for maintaining the security of your account and password. Digitalyoke cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You, the Account Holder, and all users that you have provided access to your Account, are responsible for all Content posted and broadcasted, as well as all activity that occurs under your Account.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- By using this Site, including any Materials, communications, content and services available through it, you agree that you will not do any of the following:
- Upload, post, or otherwise transmit to or through the Site any communications, content or materials that digitalyoke deems to be unlawful, threatening, hateful, offensive, libelous, defamatory, pornographic, vulgar, obscene, or sexually explicit;
- Upload, post, or otherwise transmit to or through the Site any communications, content or materials that could be deemed to encourage or advocate any illegal activities;
- Upload, post, or otherwise transmit to or through the Site any communications, content or materials that infringe and/or violate any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) the right of privacy; and (c) the right of publicity;
- Upload, post, or otherwise transmit to or through the Site any communications, content or materials that violate an agreement with a third party, including without limitation a confidentiality agreement;
- Upload, post, or otherwise transmit to or through the Site any communications, content or materials that might subject digitalyoke and/or its agents, affiliates or partners to any claims or liability;
- Disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;
- Upload, post, or otherwise transmit to or through the Site any viruses, robots, scripts, spiders or similar items or harmful, disruptive, or destructive files or elements;
- Create a false identity, or use or attempt to use another's account, password, service, or system;
- Access or attempt to access any area or content which you are not authorized to access; and/or disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any services, Materials, communications, content, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any affiliated or linked sites.
- You agree to indemnify, defend and hold digitalyoke and its agents, affiliates, and partners harmless from all claims, liabilities, damages, expenses, costs and attorneys’ fees arising out of or related to any violation (and/or alleged violation) of this Agreement by you.
Restrictions on 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 without prior written permission; (iii) use the Services for spamming and/or other illegal purposes; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service.
Acceptance
This agreement forms the conditions of supply of material on, use of, and access to the Services. As these Terms affect your legal rights, please read them carefully. By using the Services, you accept and agree to be bound and abide by these Terms, the Digitalyoke Intellectual Property Policy, available here and the Digitalyoke Privacy Policy, available here incorporated herein by reference. See the Privacy Policy disclosures relating to the collection and use of your information. Should you object to any of these conditions or any subsequent modifications, your only recourse is to immediately discontinue your use of the Services.
Data ownership & Privacy
Digitalyoke not own any customer data. The Customer shall have the sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all customer data.
Solely and only for the purpose of providing the services to you , with respect to Digitalyoke functionalities like backup, replication, high availability, caching for speed, performance, throughput and various other functional and non-functional capabilities, you grant digitalyoke royalty free, worldwide permission to access, copy, distribute, store, transmit, reformat, display and perform the content of your account.
Use of Services
You are granted a nonexclusive, nontransferable, revocable, limited license to access and use the content and the software for information and other content related to Digitalyoke, its products, and its services. You may use the Services for purposes expressly permitted by Digitalyoke. Any other use, including the reproduction, modification, distribution, transmission, or republication of the content on this site is strictly prohibited, except as expressly permitted in writing by Digitalyoke or in these Terms.
Spamming and Illegal Activities
You agree to be solely responsible for the contents of your transmissions through the Services. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, defamatory, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, pornographic, obscene, or is otherwise objectionable, offends religious sentiments, promotes racism, contains viruses or malicious code, or that which infringes or may infringe intellectual property or other rights of another. You agree not to use the Services for the transmission of "junk mail", "spam", "chain letters", “phishing” or unsolicited mass distribution of email. We reserve the right to terminate your access to the Services if there are reasonable grounds to believe that you have used the Services for any illegal or unauthorized activity.
Representations; Warranties; Disclaimer
Your use of this site is at your own risk. The services are provided “as is” and without warranties of any kind, either express or implied. Digitalyoke disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement. Digitalyoke does not warrant that the functions or content contained in the services will be uninterrupted or error-free, that defects will be corrected, or that the services or the server that makes the services available are free of viruses or other harmful components. Digitalyoke does not warrant or make any representation regarding use, or the result of use, of the services in terms of accuracy, reliability, or otherwise. The services may include technical inaccuracies or typographical errors, and Digitalyoke may make changes or improvements at any time. You, and not Digitalyoke, assume the entire cost of all necessary servicing, repair, or correction in the event of any loss or damage to you or your property arising from the use of the services or content thereon.
No advice or information, whether oral or written, obtained by you from the Services or any materials or content available through the Services will create any warranty regarding Digitalyoke or the Services that is not expressly stated in these terms
Liability
Digitalyoke is not liable for the accuracy in content and advisory value of any third party information that are linked and/ or referred to in the Digitalyoke Website. The links and reference are provided for your information only. Digitalyoke has no control over the contents of these third party sites and excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party for the use of these information. Nothing in these Terms and Conditions shall exclude or limit Digitalyoke's liability for (i) death or personal injury caused by its negligence; (ii) fraud; or (iii) any liability which cannot be excluded or limited under applicable law.
Trademark
You must not display or use in any manner digitalyoke trademarks or logos without digitalyoke's prior written permission.
Governing Law
These Terms and Conditions shall be governed by and construed in accordance with Indian law. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Indian courts.
