1. Service Provision and User Responsibilities
Infrastructure-as-a-Service is offered by Cloudesk, which provides the actual servers and connectivity for hosting user applications. The Company will not control or monitor in any way the content of the applications hosted in their instances that the user may upload or share. The provision of the required infrastructure by Cloudesk does not imply that the users own or exercise control over their applications, software, and associated data.
2. Acceptable Use Policy
In using the Cloudesk Service, users agree to its use in a manner that is responsible and in compliance with all applicable laws and regulations. The following uses are not allowed and include, but are not limited to, the following: Violation of any law existing at the local, state, federal, or international levels. Violation of intellectual property rights of Cloudesk or its third-party owners. Hosting or publishing any form of defamatory, harassing, libelous, or content that is discriminatory in nature on grounds of race, gender, age, or otherwise protected classes, or hate.
3. Service Provision and User Responsibilities
Infrastructure-as-a-Service is offered by Cloudesk, which provides the actual servers and connectivity for hosting user applications. The Company will not control or monitor in any way the content of the applications hosted in their instances that the user may upload or share. The provision of the required infrastructure by Cloudesk does not imply that the users own or exercise control over their applications, software, and associated data.
4. Data Availability and Recovery
Cloudesk ensures that there are reliable data centers, networking, and proper backup systems in place. Uninterrupted availability or fail-proof backups cannot be guaranteed; therefore, the company holds no liability for service interruption due to server failure, network outage, or any other issues involving third-party data centers. Users must take independent measures to ensure proper data backups because Cloudesk makes no representations about the availability or loss of any data that might occur.
5. Security Measures and Limitations
Cloudesk employs industry-standard safety measures, like firewalls and encryption. No security system is entirely impenetrable, though. Cloudesk bears no liability for damages caused by unauthorized access, hacking, or other security breaches. Security beyond that depends on the user.
6. Data Privacy
Cloudesk respect users' right to privacy in the way data is handled according to relevant data protection and privacy laws and Cloudesk's Privacy Policy. Users, however, agree that Cloudesk can share with others, disclose or otherwise transfer information, including personal information, to comply with legal obligations or in response to a lawful request by public authorities.
7. Disclaimer of Warranties
Cloudesk offers the Service "as is" without warranties of any kind, whether express or implied. These warranties include, but are not limited to, merchantability, fitness for a particular purpose, or non-infringement. Cloudesk does not warrant that the Service will be free from errors, interruptions, or potential security threats.
8. Limitation of Liability
Under no circumstances will Cloudesk be liable for any indirect, incidental, consequential, or punitive damages arising from its use of the Service or any related content. Any liability of Cloudesk for damages shall not exceed the amount of the user's most recent monthly subscription fee or ninety-nine dollars ($99), whichever is less.
9. Third-Party Software and Licensing (e.g., OpenERP)
Users utilizing third-party software, such as OpenERP, are considered the primary and final users of such software. Cloudesk provides hosting and administrative support for these applications on behalf of the user. Users agree to comply with the licensing terms of any third-party software hosted, including but not limited to OpenERP.
10. Termination of Service
Cloudesk reserves the right, at its sole discretion, to refuse service, suspend accounts, or terminate this agreement at any time, with or without cause. Users may also choose to terminate their account by contacting Cloudesk customer support, subject to any outstanding fees and obligations.
11. Amendments
Cloudesk may modify these Terms from time to time. Users will be notified of significant changes, and continued use of the Service after modifications indicate acceptance of the updated Terms.
12. External Licenses
When using certain services hosted by Cloudesk, users may also be subject to external licenses that govern the use of third-party software. Relevant licenses include: