Zetta Inc.,
Site Terms

Last Updated: February 19, 2014

These terms and conditions (these “Terms”) apply to your access and use of the website of Zetta, Inc. (“Zetta”, “our” or “we”) located at www.zetta.net (the “Site”). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Zetta for any products or services provided by Zetta. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf, and that such entity agrees to indemnify Zetta for violations of these Terms.

 

We reserve the right to change or modify any of the terms and conditions contained in these Terms or any policy or guideline of the Site, at any time and in our sole discretion. Any changes or modifications will be effective immediately upon the posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of this Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Therefore, you should frequently review these Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site. If you do not agree to the amended Terms, you must stop using the Site.

 

If you have any questions regarding the use of the Site, please email us at support@zetta.net.

 

Your Obligations

The Site includes property of Zetta. You agree that you will not do any of the following:

  • • Modify, adapt, hack or emulate the Site or the Site Materials (as defined below);
  • • Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Site; and
  • • Infringe upon or violate the rights of Zetta, its users or any third party.
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    Copyright and Limited License

    Unless otherwise indicated on the Site, the Site and all content and other materials on the Site, including, but not limited to, our logo and all designs, text, graphics, pictures, information, data, software and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of Zetta, our licensors or our users and are protected by U.S. and international copyright laws.

     

    You are granted a limited, non-sublicensable license to access and use the Site, and electronically copy (except where prohibited without a license), and print to hard copy, portions of the Site Materials (except Third Party Content) for your informational, non-commercial and personal use only. The license is subject to these Terms and does not include: (i) the collection and use of any product listings, pictures or descriptions; (ii) any resale or commercial use of the Site or the Site Materials therein; (iii) the distribution, public performance or public display of any Site Materials; (iv) modifying or otherwise making any derivative uses of the Site and the Site Materials (or any portion thereof); (v) use of any data mining, robots or similar data gathering or extraction methods; (vi) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (vii) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized in these Terms, without our prior written permission, is strictly prohibited and will terminate the license granted in these Terms. Such unauthorized use may also violate applicable laws including, but not limited to, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms will be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

     

    Trademarks

    The Zetta logos and slogan contained in the Site are trademarks of Zetta and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Zetta or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “Zetta” or any other name, trademark or product or service name of Zetta without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Zetta and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and Zetta names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

     

    Third Party Content

    Zetta may provide third party content on the Site and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information. Zetta does not control, endorse or adopt any Third Party Content and makes no representation or warranties of any kind regarding the Third Party Content including, but not limited to, its accuracy or completeness. You acknowledge and agree that Zetta is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content.

     

    Hyperlinks

    You are granted a limited, non-exclusive right to create a text hyperlink to the Site for noncommercial purposes, provided such link does not portray Zetta or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking website does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Zetta logo or other proprietary graphic of Zetta to link to this Site without the express written permission of Zetta. Further, you may not use, frame or utilize framing techniques to enclose any Zetta trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Zetta’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Zetta or any third party.

     

    Zetta makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Site, or websites linking to the Site. Such websites are not under the control of Zetta and Zetta is not responsible for the contents of any linked website or any link contained in a linked website, or any review, changes or updates to such websites. Zetta provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Zetta of any website or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site.

     

    Advertisements and Promotions; Third Party Products and Services

    Zetta may run advertisements and promotions from third parties on the Site or may otherwise provide information about or links to third party products or services on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Zetta is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-Zetta advertisers or third party information on the Site.

     

    Feedback & Submissions

    You acknowledge and agree that any feedback, information or materials you submit to Zetta regarding Zetta or the Site, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, or creative materials, whether provided by you in the form of email or other submissions to Zetta, or any postings on the Site (collectively the “Submissions”), are non-confidential and will become the sole property of Zetta. Zetta will own, and you hereby assign to Zetta, all rights in and to such Submissions, including all intellectual property rights, and Zetta will be entitled to the unrestricted use and dissemination of such Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. For information on ownership and rights in user content other than Submissions, please see below.

     

    Indemnification

    You agree, at your sole expense, to defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to your violation of these Terms

     

    Disclaimer and Limitation of Liability

    THE SITE, THE SITE MATERIALS, THE THIRD PARTY CONTENT, THE HYPERLINKS AND ANY OTHER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. IN NO EVENT WILL ZETTA BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE TERMS, THE SITE, THE SITE MATERIALS, THE THIRD PARTY CONTENT, THE HYPERLINKS AND ANY OTHER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.

     

    Applicable Law and Venue

    These Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed within the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in Santa Clara County, California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

     

    Questions & Contact Information

    Questions or comments about the Site may be directed to us at the email address support@zetta.net or by calling us at (650) 590-0950.

     

     

    PRIVACY POLICY

    Last Updated: February 19, 2014

    This Privacy Policy explains how information about you is collected, used and disclosed by Zetta, Inc. (“Zetta”, “our” or “we”). This Privacy Policy applies to information we collect when you use our website, register for services via our website and/or manage your account with us via our website (collectively, the “Site Services”). This privacy policy does not address any data, content, information or other materials provided by you to Zetta pursuant to your use of Zetta’s backup, data protection, disaster recovery and/or other services.

     

    We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Site Services to stay informed about our information practices and the ways you can help protect your privacy.

     

    COLLECTION OF INFORMATION

    Information You Provide to Us

    We collect information you provide directly to us. For example, we collect information when you create an account, fill out a form, make a purchase, request customer support or otherwise communicate with us. The types of information we may collect include your name, email address, postal address, phone number, fax number, credit card information and other contact or identifying information you choose to provide.

     

    Information We Collect Automatically When You Use the Site Services

    When you access or use our Site Services, we automatically collect information about you, including:

  • • Log Information: We log information about your use of the Site Services, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Site Services.
  • • Device Information: We collect information about the computer you use to access our Site Services, including the hardware model, operating system and version and unique device identifiers.
  • • Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer. Cookies are small data files stored on your hard drive or in device memory that helps us to improve our Site Services and your experience, see which areas and features of our Site Services are popular and count visits. We may also collect information using web beacons (also known as “tracking pixels”). Web beacons are electronic images that may be used in our Site Services or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. For more information about cookies, and how to disable them, please see “Your Choices” below.
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    Information We Collect From Other Sources

    We may also obtain information from other sources and combine that with information we collect through our Site Services. For example, we may collect information about you from third parties, including but not limited to identity verification services, credit bureaus, mailing list providers and publicly available sources.

     

    USE OF INFORMATION

    We may use information about you for various purposes, including to:

  • • Provide, maintain and improve our Site Services;
  • • Provide and deliver the products and services you request, process transactions and send you related information, including confirmations and invoices;
  • • Send you technical notices, updates, security alerts and support and administrative messages;
  • • Respond to your comments, questions and requests and provide customer service;
  • • Communicate with you about products, services, offers, promotions, rewards, and events offered by Zetta and others, and provide news and information we think will be of interest to you;
  • • Link or combine with information we get from others to help understand your needs and provide you with better service; and
  • • Carry out any other purpose for which the information was collected.
  • Zetta is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Site Services or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.

     

    SHARING OF INFORMATION

    We may share information about you as follows or as otherwise described in this Privacy Policy:

  • • With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;
  • • In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;
  • • If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of Zetta or others;
  • • In connection with, or during negotiations of, any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and
  • • With your consent or at your direction, including if we notify you through our Site Services that the information you provide will be shared in a particular manner and you provide such information.
  • We may also share aggregated or anonymized information that does not directly identify you.

     

    ADVERTISING AND ANALYTICS SERVICES PROVIDED BY OTHERS

    We may allow others to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons and other technologies to collect information about your use of the Site Services and other website, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by Zetta and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our Site Services and other website and better understand your online activity. For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.networkadvertising.org/managing/opt_out.asp and www.aboutads.info/choices.

     

    SECURITY

    Zetta takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

     

    YOUR CHOICES

    Account Information

    You may update, correct or delete information about you at any time by logging into your online account or emailing us at support@zetta.net. If you wish to deactivate your account, please email us at support@zetta.net, but note that we may retain certain information as required by law or for legitimate business purposes. We may also retain cached or archived copies of information about you for a certain period of time.

     

    Cookies

    Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Removing or rejecting browser cookies does not necessarily affect third party flash cookies used in connection with our Site Services. To delete or disable flash cookies please visit www.adobe.com/products/flashplayer/security for more information. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Site Services.

     

    Promotional Communications

    You may opt out of receiving promotional emails from Zetta by following the instructions in those emails or by visiting http://pages.zetta.net/UnsubscribePage.html. If you opt out, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.

     

    Your California Privacy Rights

    California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. We respect your privacy and our privacy policy ensures that your personal information will not be shared or sold to third parties for direct marketing purposes.

     

    CONTACT US

    If you have any questions about this Privacy Policy, please contact us at:

     

    Zetta Inc.

    1362 Borregas Ave.,

    Sunnyvale, CA 94089

    Phone: (650) 590-0950

    Fax: (408) 400-9091

    Email: support@zetta.net



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