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TERMS OF USE

Welcome, and thank you for your interest in LogZilla Corporation ("LogZilla,"
"we," or "us") and our website at www.logzilla.net (our "Service"). These Terms
of Use are a legally binding contract between you and LogZilla regarding your
use of the Service. 




PLEASE READ THE FOLLOWING TERMS CAREFULLY. BY USING THE SERVICE, YOU ACKNOWLEDGE
THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND
CONDITIONS, INCLUDING THE LOGZILLA PRIVACY POLICY (TOGETHER, THE "TERMS"). If
you are not eligible, or do not agree to the Terms, then you do not have our
permission to use the Service.




LogZilla Service Overview




The Service is a website that: (a) provides information regarding LogZilla and
LogZilla’s proprietary software; and (b) facilitates the purchase of licenses
and access to LogZilla software. Your use of LogZilla software is subject to
additional terms and conditions which you will have an opportunity to review and
accept prior to downloading or otherwise accessing LogZilla software, currently:
End User License Agreement

Eligibility. You must be at least 18 years of age to use the Service. By
agreeing to these Terms, you represent and warrant to us that: (a) you are at
least [18] years of age; (b) you have not previously been suspended or removed
from the Service; and (c) your registration and your use of the Service is in
compliance with all applicable laws and regulations. If you are using the
Service on behalf of an entity, organization, or company, you represent and
warrant that you have the authority to bind that organization to these Terms and
you agree to be bound by these Terms on behalf of that organization. 







Accounts and Registration




To access some features of the Service, you may be required to register for an
account. When you register for an account, you may be required to provide us
with some information about yourself, such as your email address or other
contact information. You agree that the information you provide to us is
accurate and that you will keep it accurate and up-to-date at all times. When
you register, you will be asked to provide a password. You are solely
responsible for maintaining the confidentiality of your account and password,
and you accept responsibility for all activities that occur under your account.
If you have reason to believe that your account is no longer secure, then you
must immediately notify us at support@/spambot-remove/logzilla.net.







Payment




The Service may enable you to perform purchase transactions for licenses to
LogZilla software. Before you pay any fees, you will have an opportunity to
review and accept the fees that you will be charged. LogZilla uses a third party
payment processor to collect this payment and unless otherwise agreed, LogZilla
accepts payment for purchase transactions via credit card. Fees are due
immediately upon placement of an order through the Service. By placing an order,
you authorize LogZilla to provide your payment details to its third party
payment processor for processing and to charge all sums you specify at the time
of purchase, to the payment method you specify at the time of purchase. If you
pay any fees with a credit card, LogZilla or its third party payment processor
may seek pre-authorization of your credit card account prior to your purchase to
verify that the credit card is valid and has the necessary funds or credit
available to cover your purchase. The Service may include functionality for
activating, updating or canceling recurring payments for periodic charges. If
you activate or update recurring payments through the Service, you authorize
LogZilla or its third party payment processor to periodically charge, on a
going-forward basis and until cancellation of either the recurring payments or
your account, all accrued sums on or before the payment due date for the accrued
sums. If you use the Service to update or cancel any existing authorized
one-time or recurring payment, it may take up to 30 business days for the update
or cancellation to take effect. 







User Content 

User Content Generally. Certain features of the Service may permit users to
upload content to the Service, including messages, reviews, photos, video,
images, folders, data, text, and other types of works ("User Content") and to
publish User Content on the Service. You retain copyright and any other
proprietary rights that you may hold in the User Content that you post to the
Service. 




Limited License Grant to LogZilla




By posting or publishing User Content, you grant LogZilla a worldwide,
non-exclusive, perpetual, irrevocable, royalty-free, fully paid right and
license (with the right to sublicense) to host, store, transfer, display,
perform, reproduce, modify for the purpose of formatting for display, and
distribute your User Content, in whole or in part, in any media formats and
through any media channels now known or hereafter developed. 




Limited License Grant to Other Users




By posting or sharing User Content with other users of the Service, you grant
those users a non-exclusive license to access and use that User Content as
permitted by these Terms and the functionality of the Service.




User Content Representations and Warranties.




You are solely responsible for your User Content and the consequences of posting
or publishing User Content. By posting or publishing User Content, you affirm,
represent, and warrant that:




You are the creator and owner of the User Content, or have the necessary
licenses, rights, consents, and permissions to authorize LogZilla and users of
the Service to use and distribute your User Content as necessary to exercise the
licenses granted by you in this section, in the manner contemplated by LogZilla,
the Service, and these Terms; and

your User Content, and the use of your User Content as contemplated by these
Terms, does not and will not: (i) infringe, violate, or misappropriate any
third-party right, including any copyright, trademark, patent, trade secret,
moral right, privacy right, right of publicity, or any other intellectual
property or proprietary right; (ii) slander, defame, libel, or invade the right
of privacy, publicity or other property rights of any other person; or (iii)
cause LogZilla to violate any law or regulation.







User Content Disclaimer




We are under no obligation to edit or control User Content that you or other
users post or publish, and will not be in any way responsible or liable for User
Content. LogZilla may, however, at any time and without prior notice, screen,
remove, edit, or block any User Content that in our sole judgment violates these
Terms or is otherwise objectionable. You understand that when using the Service
you will be exposed to User Content from a variety of sources and acknowledge
that User Content may be inaccurate, offensive, indecent, or objectionable. You
agree to waive, and do waive, any legal or equitable right or remedy you have or
may have against LogZilla with respect to User Content. We expressly disclaim
any and all liability in connection with User Content. If notified by a user or
content owner that User Content allegedly does not conform to these Terms, we
may investigate the allegation and determine in our sole discretion whether to
remove the User Content, which we reserve the right to do at any time and
without notice. For clarity, LogZilla does not permit copyright-infringing
activities on the Service.




Digital Millennium Copyright Act




DMCA Notification. We comply with the provisions of the Digital Millennium
Copyright Act applicable to Internet Service providers (17 U.S.C. §512, as
amended). If you have an intellectual property rights-related complaint about
material posted on the Service, you may contact our Designated Agent at the
following address:




LogZilla Corporation




ATTN: Legal Department (Copyright Notification)




166 Hargraves Dr., Ste. C400-218, Austin, TX, 78737





Any notice alleging that materials hosted by or distributed through the Service
infringe intellectual property rights must include the following information:




An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright or other right being infringed;

A description of the copyright-protected work or other intellectual property
right that you claim has been infringed;

A description of the material that you claim is infringing and where it is
located on the Service;

your address, telephone number, and email address;

A statement by you that you have a good faith belief that the use of those
materials on the Service is not authorized by the copyright owner, its agent, or
the law; and

A statement by you that the above information in your notice is accurate and
that, under penalty of perjury, you are the copyright or intellectual property
owner or authorized to act on the copyright or intellectual property owner's
behalf.







Repeat Infringers




LogZilla will promptly terminate without notice the accounts of users that are
determined by LogZilla to be "Repeat Infringers." A Repeat Infringer is a user
who has been notified of infringing activity or has had User Content removed
from the Service at least twice.




Prohibited Conduct. BY USING THE SERVICE YOU AGREE NOT TO: 

use the Service for any illegal purpose or in violation of any local, state,
national, or international law;




violate, or encourage others to violate, any right of a third party, including
by infringing or misappropriating any third party intellectual property right; 




post, upload, or distribute any User Content or other content that is unlawful,
defamatory, libelous, inaccurate, or that a reasonable person could deem to be
objectionable, profane, indecent, pornographic, harassing, threatening,
embarrassing, hateful, or otherwise inappropriate;




interfere with security-related features of the Service, including by: (a)
disabling or circumventing features that prevent or limit use or copying of any
content; or (b) reverse engineering or otherwise attempting to discover the
source code of any portion of the Service except to the extent that the activity
is expressly permitted by applicable law; 




interfere with the operation of the Service or any user’s enjoyment of the
Service, including by: (a) uploading or otherwise disseminating any virus,
adware, spyware, worm, or other malicious code; (b) making any unsolicited offer
or advertisement to another user of the Service; (c) attempting to collect
personal information about another user or third party without consent; or (d)
interfering with or disrupting any network, equipment, or server connected to or
used to provide the Service, or violating any regulation, policy, or procedure
of any such network, equipment, or server;




perform any fraudulent activity including impersonating any person or entity,
claiming a false affiliation, accessing any other Service account without
permission, or falsifying your age or date of birth; 




sell or otherwise transfer the access granted under these Terms or any Materials
(as defined in Section 12) or any right or ability to view, access, or use any
Material; or




attempt to do any of the acts described in this Section 7, or assist or permit
any person in engaging in any of the acts described in this Section 7.




Termination of Use; Discontinuation and Modification of the Service




If you create an account for the Service, you may terminate it at any time by
clicking on the "Delete" button in the account profile. If you terminate your
account, you remain obligated to pay all outstanding fees, if any, incurred
prior to termination relating to the Service. If you violate any provision of
these Terms, your permission from us to use the Service will terminate
automatically. In addition, LogZilla may in its sole discretion terminate your
user account on the Service or suspend or terminate your access to the Service
at any time for any reason or no reason, with or without notice. We also reserve
the right to modify or discontinue the Service at any time (including by
limiting or discontinuing certain features of the Service), temporarily or
permanently, without notice to you. We will have no liability whatsoever on
account of any change to the Service or any suspension or termination of your
access to or use of the Service. 







Privacy Policy




Please read the LogZilla Privacy policy carefully for information relating to
our collection, use, storage and disclosure of your personal information. The
LogZilla Privacy Policy is incorporated by this reference into, and made a part
of, these Terms. 




Additional Terms




Your use of the Service is subject to all additional terms, policies, rules, or
guidelines applicable to the Service or certain features of the Service that we
may post on or link to from the Service (the "Additional Terms"), such as
end-user license agreements for any downloadable software, or rules that
applicable to a particular feature or content on the Service, subject to Section
11. All Additional Terms are incorporated by this reference into, and made a
part of, these Terms.




Modification of these Terms




We reserve the right, at our discretion, to change these Terms on a
going-forward basis at any time. Please check these Terms periodically for
changes. Material modifications are effective upon your acceptance of the
modified Terms. Immaterial modifications are effective upon publication.
Disputes arising under these Terms will be resolved in accordance with the
version of these Terms that was in effect at the time the dispute arose. 







Ownership; Proprietary Rights.




The Service is owned and operated by LogZilla. The visual interfaces, graphics,
design, compilation, information, data, computer code (including source code or
object code), products, software, Services, and all other elements of the
Service ("Materials") provided by LogZilla are protected by intellectual
property and other laws. All Materials included in the Service are the property
of LogZilla or our third-party licensors. Except as expressly authorized by
LogZilla, you may not make use of the Materials. LogZilla reserves all rights to
the Materials not granted expressly in these Terms.







Feedback




If you choose to provide input and suggestions regarding problems with or
proposed modifications or improvements to the Service ("Feedback"), then you
hereby grant LogZilla an unrestricted, perpetual, irrevocable, non-exclusive,
fully-paid, royalty-free right to exploit the Feedback in any manner and for any
purpose, including to improve the Service and create other products and
Services.







Indemnity




You are responsible for your use of the Service, and you will defend and
indemnify LogZilla and its officers, directors, employees, consultants,
affiliates, subsidiaries and agents (together, the "LogZilla Entities") from and
against every claim, liability, damage, loss, and expense, including reasonable
attorneys' fees and costs, arising out of or in any way connected with: (a) your
access to, use of, or alleged use of, the Service; (b) your violation of any
portion of these Terms, any representation, warranty, or agreement referenced in
these Terms, or any applicable law or regulation; (c) your violation of any
third-party right, including any intellectual property right or publicity,
confidentiality, other property, or privacy right; or (d) any dispute or issue
between you and any third party. We reserve the right, at our own expense, to
assume the exclusive defense and control of any matter otherwise subject to
indemnification by you (without limiting your indemnification obligations with
respect to that matter), and in that case, you agree to cooperate with our
defense of that claim. 







Disclaimers; No Warranties







THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE
PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS, WITHOUT WARRANTY OR CONDITION
OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE LOGZILLA ENTITIES DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND
ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE
OF DEALING, USAGE, OR TRADE. THE LOGZILLA ENTITIES DO NOT WARRANT THAT THE
SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED
THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES,
OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE
CORRECTED. 




NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE
SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE
ANY WARRANTY REGARDING ANY OF THE LogZilla ENTITIES OR THE SERVICE THAT IS NOT
EXPRESSLY STATED IN THESE TERMS. YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY
RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALING WITH ANY OTHER
SERVICE USER, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU
UNDERSTAND AND AGREE THAT YOU USE THE SERVICE, AND USE, ACCESS, DOWNLOAD, OR
OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED
SITES OR SERVICES, AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR
MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR THE LOSS OF DATA THAT
RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF THAT MATERIAL OR
CONTENT. 




SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE
OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.




Limitation of Liability




IN NO EVENT WILL THE LOGZILLA ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR
LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR
RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE
SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY,
CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT ANY LOGZILLA ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF
DAMAGE. 

THE AGGREGATE LIABILITY OF THE LOGZILLA ENTITIES TO YOU FOR ALL CLAIMS ARISING
OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE
SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE,
IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO LOGZILLA FOR
ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR
CIRCUMSTANCES GIVING RISE TO CLAIM; OR (B) $100. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. 

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY,
DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES
ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN
ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE
PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.
THE LIMITATIONS IN THIS SECTION 15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS
OF ITS ESSENTIAL PURPOSE.




Governing Law




This Agreement will be governed by and construed in accordance with the internal
laws of the State of Texas without giving effect to any choice or conflict of
law provision or rule (whether of the State of Texas or any other jurisdiction)
that would cause the application of laws of any jurisdiction other than those of
the State of Texas and not including the provisions of the 1980 U.N. Convention
on Contracts for the International Sale of Goods. If a lawsuit or court
proceeding is commenced pursuant to these Terms, then you and LogZilla agree to
submit to the personal and exclusive jurisdiction of the state courts and
federal courts located within Travis County, Texas for the purpose of litigating
any dispute. We operate the Service from our offices in Texas, and we make no
representation that Materials included in the Service are appropriate or
available for use in other locations. 




Notice




The following are trademarks of LogZilla Corp: "Network Event Orchestrator",
"Network Event Orchestration", "NEO" logo, "Preduplication", "PreDup". The
following are Registered trademarks of LogZilla Corporation: "LogZilla". Other
marks as used in this website are the property of the respective owners thereof.
Certain products of LogZilla Corporation may contain intellectual property
covered by one or more of the following: US Patent Numbers 9,122,694 and
9,195,674.




General




These Terms, together with the Privacy Policy and any other agreements expressly
incorporated by reference into these Terms, are the entire and exclusive
understanding and agreement between you and LogZilla regarding your use of the
Service. Except as expressly permitted above, these Terms may be amended only by
a written agreement signed by authorized representatives of all parties to these
Terms. You may not assign or transfer these Terms or your rights under these
Terms, in whole or in part, by operation of law or otherwise, without our prior
written consent. We may assign these Terms at any time without notice or
consent. The failure to require performance of any provision will not affect our
right to require performance at any other time after that, nor will a waiver by
us of any breach or default of these Terms, or any provision of these Terms, be
a waiver of any subsequent breach or default or a waiver of the provision
itself. Use of section headers in these Terms is for convenience only and will
not have any impact on the interpretation of any provision. If any part of these
Terms is held to be invalid or unenforceable, the unenforceable part will be
given effect to the greatest extent possible, and the remaining parts will
remain in full force and effect. Upon termination of these Terms, Sections 2, 4,
5, and 6 through 19, along with the Privacy Policy and any other accompanying
agreements, will survive. 







Consent to Electronic Communications




By using the Service, you consent to receiving certain electronic communications
from us as further described in our Privacy Policy. Please read our Privacy
Policy to learn more about our electronic communications practices. You agree
that any notices, agreements, disclosures, or other communications that we send
to you electronically will satisfy any legal communication requirements,
including that those communications be in writing. 

Contact Information. The Service is offered by LogZilla Corporation, located at
166 Hargraves Dr., Ste. C400-218, Austin, TX, 78737.

You may contact us by sending correspondence to that address or by emailing us
at support@/spambot-remove/logzilla.net. 

‍

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