Community Terms of Use

From time to time, Cloud Software Group, Inc. (“Cloud Software Group”) may elect to provide online message boards, newsgroups, chat rooms, wikis, blogs and/or interactive forums, including discussion forums and communities (collectively “Forums”) that can be accessed by certain registered users of Cloud Software Group products and services. These Forums provide opportunities to interact with other users in order to share knowledge, news, content, or other materials related to Cloud Software Group products and services. The content you or other users post, submit, or upload to the Forums is known as “User Contributions.”

Your use, access, and participation in these Forums is voluntary and is governed by these Community Terms of Use, Cloud Software Group’s Terms of Use and any other applicable agreements between you and Cloud Software Group, and any additional terms that may apply to specific services and software you may access on or from the Forums (“Additional Terms”). Such Additional Terms will be available for you to read in connection with your use of such service or software. If there is a conflict between the Additional Terms and the terms expressly stated on this page, the Additional Terms shall control. Cloud Software Group reserves the right to modify, alter, update, or remove portions of these Community Terms of Use at any time, with or without notice to you. Please read these Community Terms of Use carefully. These Community Terms of Use are entered into by and between Cloud Software Group and you, and you accept them by using the Forums. If you cannot or do not wish to be subject to these Community Terms of Use, you must not use the Forums.

Accounts and Registration

You must be at least eighteen (18) years old or the age of majority in your jurisdiction to use and participate in the Forums. You acknowledge and agree that, when you elect to access or use the Forums that require registration, in consideration for your use of such Forums, you will: (a) provide complete and accurate information about yourself in the required fields in any registration forms and (b) promptly update such information to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that the information is not true, accurate, current, or complete, we may suspend or terminate your account and/or refuse any current or future use of the Forums, including any services.

You acknowledge and agree that Cloud Software Group may access, preserve, and disclose your account information and content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Community Terms of Use; (c) respond to claims that any content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Cloud Software Group, its customers and the public. By providing your personal information during the account creation or update process to Cloud Software Group, you consent to the collection, processing and storage by Cloud Software Group of your personal information in accordance with the terms of Cloud Software Group’s Privacy Policy.

You acknowledge and agree that we reserve the right, in our sole discretion, to terminate accounts that are inactive for an extended period of time, and that such a period of time may be determined in our sole discretion.

Rules of Conduct

The purpose of our Forums is to exchange information about Cloud Software Group products and services. You agree not to use the Forums to:

• post content that is unlawful, malicious, misleading, defamatory, fraudulent, harmful, threatening, abusive, harassing, obscene, libelous, invasive of another’s privacy, hateful, tortious, or racially, ethnically or otherwise objectionable;
• impersonate any person or entity, including, but not limited to, a Cloud Software Group employee or representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any content submitted to the Forums;
• post any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• post any private information about another person or entity, including personally identifiable information, login credentials and/or passwords, network inventories, or security vulnerabilities;
• knowingly post any content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary rights of any party;
• post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation or any form of lottery or gambling;
• post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
• interfere with or disrupt Cloud Software Group’s services or servers or networks connected to the Forums;
• intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
• collect or store personal data about other users.

Do not rely on the Forums for the safe or secure storage of any materials, including software. The Forums are not designed as the primary place to store any of these materials, and Cloud Software Group is not responsible for the alteration, deletion or loss of any stored items. If you wish to preserve any materials that you contribute to the Forums, we recommend that you create and retain a copy of such materials prior to making your contribution.

You may not use the information in the Forums, including any User Contributions, directly or indirectly to develop products or services that compete with Cloud Software Group or to engage in any competitive benchmarking or other competitive analysis, absent controlling applicable law to the contrary.

You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) ensure that your account is not used by anyone other than you and (b) immediately notify Cloud Software Group of any unauthorized use of your password or account or any other breach of security. Cloud Software Group cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements concerning your  password and account usage. You agree that you will not misuse or abuse account access and passwords, including, without limitation, giving access to third parties or allowing third parties to gain access to information from the Forums through you. 

License to User Contributions and Content

Your User Contributions

Any User Contribution you post to the Forums (including any content such as software, code, configuration files, scripts, or commands that you upload as part of a User Contribution), ideas, comments, feedback, materials, or suggestions will be considered non-confidential and non-proprietary. By providing any User Contribution to the Forums, you agree that Cloud Software Group or any other third-party user of the Forums may access, view, use, display, publish, transmit, sublicense, translate, create derivative works of, store, modify, distribute or reproduce your User Contributions, without restriction, except as specified in these Terms. You grant all users a license consistent with these Terms.

You represent and warrant that:

• you own or control all rights in and to the User Contributions and have the right to grant the licenses granted above;
• you are authorized to post User Contributions under U.S. import and export control laws and regulations, including the Export Administration Regulations (“EAR”) and any other applicable laws and regulations; and
• all of your User Contributions do and will comply with these Community Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Cloud Software Group, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. Cloud Software Group may or may not elect to pre-screen, monitor or edit User Contributions. However, Cloud Software Group and its agents have the right at their sole discretion to remove any content that, in their judgment, does not comply with these Community Terms of Use or is otherwise harmful, objectionable or inaccurate. Cloud Software Group is not responsible for any failure or delay in removing such User Contributions.

Rights to Others’ User Contributions

You may access, view, store, modify, or reproduce the User Contributions provided by other users, without restriction, subject to the Rules of Conduct outlined above and any other limitations in these Terms or your agreements with Cloud Software Group.

Cloud Software Group is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Forums.

Cloud Software Group Content

The Forums also contain content owned by or licensed to Cloud Software Group (“Cloud Software Group Content”). Cloud Software Group owns and retains all proprietary rights in the Cloud Software Group Content, including its intellectual property rights. You agree to use the Cloud Software Group Content only for your personal use and for no other purpose. We authorize you to download and print documents and portions of documents, including but not limited to information published by Cloud Software Group in the Forums, solely for internal viewing and browsing purposes. The Forums may also contain software, cloud services, code, configuration files, scripts, commands, bug fixes, workarounds, patches, and documentation provided by Cloud Software Group (“Cloud Software Group Software”) that you can download. Cloud Software Group owns and retains all rights in the Cloud Software Group Software, including all intellectual property rights therein. You agree not to change or delete any copyright, trademark or other proprietary notices from any copy of the Cloud Software Group Content or Cloud Software Group Software. Your use of the Cloud Software Group Software is governed by the license agreement that accompanies or is included with the specific Cloud Software Group Software. If no license is included,please contact us at legalip@cloud.com. 

Limitation of Liability; Indemnity

Cloud Software Group does not offer formal support for the Forums, including any content in the Forums. Our role is to provide a platform for people who want to exchange information about Cloud Software Group products and services. Cloud Software Group has the right, but not the obligation, in its sole discretion to pre-screen, refuse, or move any User Contributions for any reason whatsoever and without notice and to refuse access to the Forums for anyone, at any time, without notice, and for any reason.

You agree that you must evaluate, and bear all risks associated with the use of any information, including any reliance on the accuracy, completeness, or usefulness of such information, including any information that may be posted by any Cloud Software Group employee. Cloud Software Group’s provision of these Forums should in no way be construed as endorsement or approval of any third-party product or service that may be mentioned or referred therein.

THE CONTENT ON THE FORUMS IS PROVIDED “AS IS” AND “AS AVAILABLE” AND CLOUD SOFTWARE GROUP HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES, GUARANTIES, AND CONDITIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. CLOUD SOFTWARE GROUP MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTIES, OR CONDITIONS AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, OR COMPLETENESS OF ANY OF THE CONTENT CONTAINED ON THE FORUMS.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action

CLOUD SOFTWARE GROUP SHALL NOT BE LIABLE FOR ANY DAMAGES SUFFERED AS A RESULT OF USING THE FORUMS OR USING, MODIFYING, CONTRIBUTING, COPYING, DISTRIBUTING, OR DOWNLOADING THE USER CONTRIBUTIONS. IN NO EVENT SHALL CLOUD SOFTWARE GROUP BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE), HOWEVER IT ARISES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION OR CONTENT AVAILABLE FROM THESE FORUMS, EVEN IF CLOUD SOFTWARE GROUP HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU HAVE SOLE RESPONSIBILITY FOR THE ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE WEBSITE AND YOU WILL NOT MAKE A CLAIM AGAINST CLOUD SOFTWARE GROUP FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS, OR LOST PROFITS RESULTING FROM THE USE OF THE USER CONTRIBUTIONS.

You agree to indemnify and hold Cloud Software Group harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your User Contributions, your use of the Forums, your connection to the Forums, your violation of your agreements with Cloud Software Group, Cloud Software Group’s Legal Notices and Terms of Use, Cloud Software Group’s Privacy Policy and these Community Terms and Conditions, or your violation of any rights of another.

Privacy

You should exercise caution when deciding to disclose personal information. If you voluntarily disclose information in a Forum, please keep in mind that your information may be collected and used by a third party to send you unsolicited messages, advertisements or for other purposes. Cloud Software Group does not control the actions of third parties and is not liable for those actions. If you disclose personal information in a Forum, you do so at your own risk.