cloudesk logo

Cloudesk Website Terms of Service

Proper Use of Service
Cloudesk provides Infrastructure-as-a-Service only and does not monitor, control,
or restrict user content except when required to provide the service. User is
deemed to own and control the software or instances of the software, whereas
Cloudesk exclusively provides the physical servers and connectivity to host the
software as a service.

User Data
User agrees that it will not use the Cloudesk Service in a way that:
a. violate any state, federal or foreign laws or regulations
b. violate any intellectual property rights of Cloudesk or any third party
c. are defamatory, slanderous or trade libelous, threatening or harassing content
of any type
d. are discriminatory based on gender, race, age or promotes hate
e. contain any type of pornography or illegal drugs or substances
f. violate any Cloudesk policy
g. facilitates virus, trojan, worm, or any software, or malware which may result in
damage damage of Cloudesk's software, servers, or any third party

Infrastructure Resource Usage
User may only utilize the amount disk, bandwidth, cpu, memory resources made
available by Cloudesk. Cloudesk reserves the right to suspend or terminate any
account that utilizes excessive resources repeatedly or for sustained periods.

Availability and Backups
Cloudesk makes reasonable efforts to maintain the underlying infrastructure, such as
but not limited to: servers, backup equipment, and network connectivity.
However Cloudesk does not warranty any of these sytems to be free from failure.
Cloudesk will not be liable in the event of failure of its infrastructure, or of
that provided by third parties, such as but not limited to: datacenter, internet
connectivity. Cloudesk will not be liable to compensate User for any damage arising
if any such failure occurs.
Cloudesk makes reasonable efforts to protect its servers and the data hosted
therein. However Cloudesk will not be responsible for any loss of data, and will not
be liable to compensate User for any damage arising if data loss occurs.
Cloudesk systems are programmed to make backups regularly, however there may be
instances where backups would not succeed or become unavailable. Cloudesk provides a
facility for Users to download their backups. Users are responsible for their own backups.

Security
Whilst Cloudesk employs firewall and other security measures, it does not warranty
its infrastructure or software to be impervious from any form of hacking or
malicious unauthorized access. Cloudesk will not be liable to compensate User for
any damage arising if any such security breach occurs.

Cloudesk reserves the right to refuse service to anyone, and at its own discretion,
may immediately terminate this Agreement.

Disclaimer
Cloudesk offers its services in an 'as is' basis and without warranty of any kind,
and totally disclaims all warranties, express or implied, with respect to each
of the foregoing, without limitation, any warranty of merchantability, fitness
for a particular purpose, non-infringement or arising from a course of dealing.

Limitations of Liability
You, the User, agree that:
Cloudesk shall not be liable for any damages resulting from loss of data, profits,
use of cloudesk.co website or any of Cloudesk's products or services, or for any
incidental, indirect, punitive, or consequential damages in connection with
this agreement or in connection with any products or services provided hereunder.
In no circumstance shall Cloudesk's final total cumulative liability exceed an
amount greater than your monthly subscription fee or ninety-nine dollars ($99.00),
whichever is lesser.

Licenses Related to OpenERP
You, the User, agree that you are the direct and final user of the OpenERP software,
and allow Cloudesk to host and administer the software on your behalf.

You, the User, further agree to the OpenERP terms of License as described below:
1. GPL v3.0
2. AGPL v3.0
3. OpenERP Web Client License