Terms of Service
Last Updated: May 23, 2011.
Leostream Cloud Desktops (the "Service") is a desktop service that provides you full desktop functionality without owning a physical device. Our parent company is Leostream Corporation ("Leostream"). Leostream Cloud Desktops is a service and users are responsible for any licenses for software applications and for all data, files or other material they transfer onto our hosted desktops.
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use the Service. If these terms and conditions are considered an offer by Leostream, acceptance is expressly limited to these terms. These Terms may be changed periodically by Leostream, with changes effective immediately. You must be at least 13 years old to use the Service.
Leostream Cloud Desktops enables you to create desktops hosted by Leostream.
Fees and Charges
Leostream Cloud Desktops is a service. Each desktop associated with your account is subject to a management charge of $10 a month for this service. Desktops used for less then a month are pro-rated on a daily basis.
These fees and charges may be changed periodically by Leostream, with changes effective immediately.
Shipping, Delivery, and Returns
Leostream Cloud Desktops is delivered as an online service that can be cancelled at any time. Additional software components and documentation for the service are available as downloads from the Leostream Cloud Desktops Web site. Leostream does not ship any components of the service directly to you.
Leostream does not require the return of any downloaded components upon cancellation of your account. Any Leostream Cloud Desktops associated with your account are deleted upon cancellation.
Use of Service
You are responsible for all activities that occur under your account and any other actions taken in connection with your desktops. You are responsible for maintaining the security of your account and related desktops. You agree to notify immediately Leostream of any unauthorized uses of your desktops, your account, or any other security breaches. Leostream will not be liable for any acts or omissions by the user, including any damages of any kind incurred as a result of such acts or omissions, including use of unlicensed applications or software on your desktops. Further, you agree that you will provide only truthful information in your user profile.
Leostream Cloud Desktops logos, code, and designs are all property of Leostream and are protected by intellectual property law. Use of these items is subject to the Terms of Service and is only permitted within normal use of the Service. Your use of the Service grants you no right or license to reproduce or otherwise use any Leostream or third-party trademarks.
Obligations of Users
If you use the Service, you agree to:
Comply with all applicable laws and regulations;
Not infringe on the intellectual property or privacy of others;
Only share Content that is not pornographic, illegal, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, does not incite or otherwise facilitate any criminal activity, and does not violate the privacy or publicity rights of any third party;
Fully comply with any third-party licenses relating to the Content, and have ensured that such licensing requirements are observed by end users, as required by law;
The Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
The Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
Comply strictly with any carrier agreements and terms associated with your mobile device;
Not attempt to disrupt the Service.
Please use your discretion in the use of any Leostream hosted desktop. Please observe the same level of care you would use with any Web service. Leostream Cloud Desktops, and its parent company, Leostream, its employees, officers and directors are not responsible for and do not endorse any of the content posted to and/or used via the Service.
Changes and Service Updates
Leostream Cloud Desktops may periodically change and/or update the Service. Disruptions to the Service are rare but may occur.
You may cancel your account at any time by contacting email@example.com. Leostream will bill you for the management of all desktops in your account, up to that point in the month. Leostream will not provide refunds for service usage prior to cancellation. Any Leostream Cloud Desktops associated with your account are deleted upon cancellation.
Leostream reserves the right to terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately. Should you wish to cancel this Agreement or your use of the Leostream Cloud Desktops service, simply shut down your existing Leostream Cloud Desktops and email firstname.lastname@example.org.
Disclaimer and Warranties
The Service is provided "as is". Leostream Cloud Desktops and Leostream hereby disclaim all warranties of any kind, expressed or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Leostream Cloud Desktops, Leostream nor its suppliers and licensors make any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
In no event will Leostream Cloud Desktops, Leostream, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data. Under no circumstances will Leostream Cloud Desktops or Leostream be liable for any failure or delay caused by any interruption of use or loss of Service or any corruption or loss of data.
You agree to indemnify and hold harmless Leostream Cloud Desktops, Leostream, their contractors, licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
Customers Responsibility for Proper Licensing
Customers are responsible for properly licensing any applications that they load onto or use on Leostream Cloud Desktops, with the exception of the Windows and Ubuntu operating system and Open Office licenses provided by Leostream. Customers agree to acquire the necessary Remote Desktop Services Client Access License (RDS CAL) licenses from Microsoft Corporation in order to access desktops running a Windows Server 2008 operating system. We reserve the right to immediately discontinue service to any user found in violation of this policy.
This Agreement constitutes the entire agreement between Leostream Cloud Desktops, Leostream and you relating to the subject matter hereof, and this agreement may only be modified by a written amendment signed by an authorized executive of Leostream Cloud Desktops or Leostream, or by the posting by Leostream Cloud Desktops or Leostream of a revised version. Except to the extent applicable law, this Agreement will be governed by the laws of the state of Delaware, U.S.A.
End User License Agreement
Please click here to download our End User License Agreement.