Terms of Service
Welcome to Central Desktop
By registering, accessing or using any services developed, operated, maintained or hosted by Central Desktop, Inc. including all websites and IP addresses available at and configured for use at http://www.centraldesktop.com, ("Service"), you agree to be bound to the following terms and conditions ("Terms of Service."). The following Terms of Service apply to all versions of the Service, whether they be Free, Trial, ALPHA, BETA, Pre-Release, Full Release, Educational, Non-Profit, Complete or any Paying version of the Service.
Central Desktop reserves the right to change, update and revise the Terms of Service from time to time, at its sole discretion, by posting the most current version of the Terms of Service at http://www.centraldesktop.com/terms.
BY CONTINUING TO USE THE SERVICE, YOU ARE CONFIRMING YOUR CONSENT AND AGREEMENT TO BE BOUND BY THE MOST RECENT TERMS OF SERVICE.
- The Service is intended for Adult use only. All users must be 13 years or older to access and use the Service. In accordance with the Federal Children's Online Privacy Protection Act of 1998 (COPPA), Central Desktop will never knowingly solicit nor will it accept personally identifiable information from users known to be under thirteen (13) years of age.
- Central Desktop is not responsible for maintaining the security of your username and password, except to the sole extent whereby the username and password are maintained and stored within a Central Desktop server or computer. In such situation, Central Desktop is solely responsible for the protection and security of the username and password in order to stop a third party from accessing this information. It is your responsibility to notify Central Desktop if you believe your username or password have been compromised or used in an unauthorized manner. Central Desktop assumes no responsibility, liability or obligations for any loss or damage to resulting from your failure to comply with the security of your username and/or password.
- You are responsible for all activity and usage of the Service and for all content created on, posted to or accessed under your username and password, unless such use of the username and password were made by an unauthorized third party due as a direct result of a breach by Central Desktop of its obligation to adequately protect and secure this confidential information.
- You agree not to share your username and password with other people. Each user account may only be used by one person.
- You must provide a name, valid email address and other information necessary to register with the Service. You agree to provide true and accurate information to register with the Service. You agree not to impersonate any person or entity or a false identity or attempt to manipulate identifiers to mislead or disguise the origin of any information used to access the Services. Central Desktop reserves the right to terminate your use of the Services upon the discovery that the information you provided is not complete or accurate.
- You are responsible for complying with all applicable local, state, national and foreign laws relating to your use of the Service. You may not violate any applicable law or regulation; post or transmit any materials that violate any applicable local law.
- Central Desktop may modify, suspend or discontinue this Service at any time, for any reason, at its sole discretion. Central Desktop reserves the right to refuse service to anyone for any reason at any time.
- If you cancel or terminate your account with Central Desktop, all of your content, data, information, text, files, documents, images and feeds will be immediately deleted from the Service.
- Central Desktop claims no ownership, responsibility or intellectual property rights over any of the content or materials you provide to the Service.
- Central Desktop assumes no responsibility for any content or material loss that results from you Downgrading your account.
GENERAL CONDITIONS OF USE
- You agree not to upload, post, email or transmit otherwise any other unlawful unsolicited email including "spam" to Central Desktop or any users of the Service.
- You agree not to knowingly upload, post, email or transmit otherwise any material that contains, software viruses, trojan horses, worms, files or programs intended to interrupt, destroy, deface or limit the use, access or functionality of the Service.
- You agree not to upload, post, email or transmit otherwise any material that is illegal, pornographic, abusive or obscene. Central Desktop, in its sole discretion, may remove content and block user access to any content that it determines to be illegal, threatening, pornographic, abusive, obscene or in violation of another party's intellectual property.
- You agree not to "reverse engineer," change, modify, hack, make derivative works, exploit, or crack any portion of the Service for the purposes of storing, licensing, sublicensing, selling, reselling, copying, duplicating, reproducing, distributing or making available to any third party.
- You agree not "crawl" or "spider" or release any automated software or service to obtain information stored, saved or contained on any web page as part of the Service.
- You acknowledge, understand and agree that Central Desktop cannot guarantee the security of your data while it is being transmitted over the Internet and through servers that are out of our control. We strive to protect your personal information but Central Desktop cannot ensure or warrant the security of any information you transmit to our website or services. Any data transmissions you make over the internet are done so at your own risk. Once we receive the data transmission, we make our best efforts to ensure its security and privacy on our systems.
- Withstanding Enterprise Customers that have signed a service level agreement with Central Desktop, you acknowledge, understand and agree that Central Desktop provides the Service to you "As Is" and "As Available" without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties of availability, accuracy, reliability, timeliness, security completeness or non-infringement. Central Desktop also makes no warranty that the Service will meet the user's requirements.
- Central Desktop reserves the right to limit the file download and/or bandwidth capacity of any or all sites in its sole discretion if it deems such limitation to be in the best interests of the operating performance across all sites. In addition, Central Desktop reserves the right to limit the number of e-mails transmitted from its servers for any individual site or group of related sites on a daily basis in its sole discretion. For continued use, additional charges may apply.
- In the event of an interruption of service, user agrees to hold Central Desktop harmless and not liable for any minor, material or consequential loss to the user's business, practice or services.
- You agree to defend, indemnify, and hold harmless Central Desktop, its officers, directors, employees and its agents from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from your use of the Service or your violation of this Terms of Service.
- Central Desktop respects the privacy of its users. Please read our Privacy Statement at http://www.centraldesktop.com/privacy, which forms part of these Terms.
- You agree to receive administrative and legal notices about the Service electronically via email.
New Central Desktop users are provided access to a Free Version of Central Desktop to evaluate, test and use the Service. The Free Version of the Service is provided at no cost to the user. While using the Free Version, Central Desktop may restrict the length of time, number of days, storage limits, page views, number of participating members and the number of Workspaces created and owned by the user. If the user desires additional services beyond the scope and limitations of the Free Version, then the user must subscribe to the Service as a paying customer. Central Desktop reserves the right to change the terms of the Free Version at any time.
While using the Free Version, if the user does not log in to the Service for a period of 90 days, Central Desktop will delete all content, data, information, text, files, documents, images and feeds that were created and stored in Free Version.
Central Desktop does not require users to be paying customers to access Workspaces owned by other users or companies
- To administer Workspaces beyond the scope of the Free Version, users must select a payment plan and subscribe to Central Desktop.
- You may upgrade your Free Version to a paying plan anytime. By upgrading to a paying plan your Free Version will end. Your billing cycle begins immediately on the day you upgrade your Service.
- Services are billed in advance and in accordance with the payment schedule you select: monthly, quarterly or annually. Central Desktop will continue to bill your credit card or invoice you automatically on the monthly, quarterly or annual billing cycle in accordance with the payment schedule you select.
- All fees are exclusive of all taxes or duties imposed by taxing authorities.
- You may use our online upgrade/downgrade service, or send us email to email@example.com and we will upgrade or change your plan accordingly.
- All payments rendered are non-refundable. You may cancel at anytime, by simply logging into your account and processing online. Refunds and/or credits cannot be issued for partial months or periods pre-paid in advance.
- All cancellation notices are made effective immediately upon receipt. Refunds and/or credits cannot be issued for unused partial months or periods pre-paid in advance. Upon cancellation, Central Desktop will destroy all content, data, information, text, files, documents, images and feeds that were created and accessed during your subscription to the Service.
- Central Desktop may change the prices for any of its Services upon 30 days notice via the Central Desktop website (www.centraldesktop.com) or through the Service itself. Central Desktop will not raise or lower prices for pre-paid periods in advance. Any price changes will be made effective upon the next billing cycle.
The failure of Central Desktop to enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service apply to you and may not be transferred, assigned or delegated to anyone without the express written permission of Central Desktop. Any attempt by you to assign, transfer or delegate these Terms of Service without the express written permission of Central Desktop shall be null and void. These Terms of Service shall be governed by the law of California, USA, without regard to its conflicts of law provisions. These Terms of Service comprise the entire agreement between you and Central Desktop with respect to the use of the Service and supersedes all prior agreements between the parties regarding the subject matter contained herein (including any prior versions of the Terms of Service).
Please direct further questions or concerns about these Terms of Service to firstname.lastname@example.org
Last Updated: October 10, 2011 10:54am