Terms and Conditions
WHAT IS IT ABOUT ?
Purpose. These Specific Conditions of Service set out the terms of use applicable to OVHcloud Community Forum (hereinafter referred to as the “Community Forum”)
Contractual framework. These SC supplement the current General Terms of Services (“GTS”), which are also applicable to the Community Forum.
CONTENT
2. WHAT IS THE COMMUNITY FORUM?
5. WHAT KIND OF POSTED CONTENT IS FORBIDDEN?
6. DOES OVHCLOUD INTERVENE IN THE POSTED CONTENT?
7. CAN CLIENTS TRUST THE POSTED CONTENT?
9. HOW OVHCLOUD PROCESSES PERSONAL DATA COLLECTED WITHIN THE COMMUNITY FORUM?
1. DEFINITIONS
The terms beginning with a capital letter in these Specific Conditions of Service are defined below and in the other contractual documents that make up the Contract agreed between the Client and OVHcloud.
« Community Member(s) » : Category comprising Clients who signed up as members of the Community Forum, as well as OVHcloud personnel engaged in responding questions posted in the Community Forum.
« Posted Content » : Any content posted on, or somehow uploaded to, the Community Forum by a Community Member.
« Specific Conditions of Service » or « SC » : These SC, applicable to the Community Forum.
2. WHAT IS THE COMMUNITY FORUM?
The Community Forum is a Service free of charge automatically available for all Clients, consisting in a digital space where Clients can interact about Services, by asking questions, answering to questions posted by other Clients, sharing their technical expertise with each other, or simply coming to get informed.
There is no restriction of languages that Clients can adopt in the Posted Content but there is no commitment from OVHcloud about which languages may be adopted by its personnel who are Community Members in their Posted Content.
3. HOW TO SIGN UP?
In order to have access to the Community Forum, Clients just need to sign up for a Client Account and click on the log in button. At the first login, a pop-up window will appear requiring Clients to accept these SC in order to access the Community Forum. No placement of Order is required.
4. BEST PRACTICES
OVHcloud encourages the following practices to be adopted by Clients when using the Community Forum:
- Search the answer for your questions in old threads before opening new ones;
- Name correctly your threads in order for it to be easier to find when searched by other Community Members;
- Don’t post any content that is irrelevant for other Community Members and/or that is not related to Services;
- Make sure your profile on the Community Forum is complete and up to date, so other Community Members might have a higher level of trust on your content;
5. WHAT KIND OF POSTED CONTENT IS FORBIDDEN?
The following types of Posted Content are forbidden, and must not be posted by the Client on the Community Forum under any circumstances:
- that violates applicable laws and governmental regulations, including, but not limited to, all intellectual property, data, privacy, and export control laws, and regulations promulgated by any government agencies, including any rules of any national and other securities exchanges;
- that is abusive, offensive, vulgar, obscene, hateful, racist or bigoted, threatening, libelous, defamatory, or fraudulent;
- That constitutes personal data (including, but not limited to, phone numbers, email or mailing addresses) or causes a violation of data protection rights;
- that otherwise spams or distorts the Community Forum by not fitting in its purpose described in article 2 of these SC.
The Client also agrees to respect any specific constraint or guideline specifically provided by a Community Member who is part of OVHcloud’s personnel in the course of their duties.
6. DOES OVHCLOUD INTERVENE IN THE POSTED CONTENT?
- Monitored content. OVHcloud reserves the full discretion to monitor, remove and alter any Posted Content at any time, regardless of notice, for reasons such as in case of:
- violation of the Contract; or
- Posted Content otherwise being deemed inappropriate and/or unlawful by OVHcloud.
OVHcloud has the discretion to block Clients who violate the Contract from posting and/or to terminate a Client’s access to the Community Forum.
Clients can report to OVHcloud, through specific buttons on the Community Forum interface, content posted by other Clients that violates the Contract.
- Moderation. OVHcloud may exercise at its sole discretion large moderation powers within the Community Forum, which includes but it is not limited to, intervening in, and even closing a discussion. OVHcloud will make reasonable efforts to moderate Posted Content posted by Clients.
7. CAN CLIENTS TRUST THE POSTED CONTENT?
- Responsibility for posted content. Clients are solely responsible for any content posted by them in the Community Forum. Except when posted by a Community Member who is part of OVHcloud’s personnel in the course of their duties, no Posted Content represents OVHcloud’s opinion or positioning and OVHcloud must not be held liable for any damage related to the Posted Content or the consequences of its use.
- Reliance on Posted Content. Clients should exercise judgment before relying on Posted Content, except when posted by a Community Member who is part of OVHcloud’s personnel in the course of their duties. It means that, when posted by another Client, Posted Content must be understood for information purposes only and is not intended to be used without further validation by a qualified professional, although such content may be often useful in the process of seeking a solution for an issue regarding Services.
8. INTELLECTUAL PROPERTY
- Ownership of Posted Content. The Client grants to OVHcloud and its Affiliates, free of charge and for the duration of copyright protection, a non-exclusive worldwide license, including the rights of consultation, reproduction, representation, adaptation and archiving of the Posted Content, for the purpose of making it accessible, in whole or in part, on the Community Forum and/or in any other media, and/or for the purpose of marketing, creating or improving Services.
- Warranties and indemnification regarding third-party rights. The Client warrants that the posting of the Posted Content by the Client will not infringe any third-party rights, including the intellectual property rights (notably the rights attached to trademarks, distinctive signs, trade names, and copyrights) of any third parties. Moreover, the Client guarantees OVHcloud against all consequences, in particular all claims or legal actions by a third party, resulting from (a) the Posting of illicit Posted Content by the Client, including when it violates intellectual property rights of third parties. The Client shall take appropriate actions in all requests, claims and/or actions by third parties, or by administrative and judicial authorities, involving the Posted Content posted by the Client. As such, the latter shall indemnify and hold harmless OVHcloud against all resulting damages and will bear all reasonable legal costs (reasonable professional fees of lawyers, court costs and fees, bailiff's fees, expert fees, disbursements, etc.), as well as any damages awarded to a third party by settlement or binding decision against OVHcloud. The Client shall not agree to any settlement of any such claim or action without the prior written consent of OVHcloud. The Client is solely responsible for the relationship with third parties, in particular the Users, and guarantees OVHcloud against all requests, claims and/or actions by third parties involving the Posted Contend posted by the Client. The Client undertakes to notify OVHcloud in writing as soon as possible of any requests, claims and/or actions by third parties involving such Posted Content, specifying the subject matter of the request as well as any useful information so that OVHcloud can communicate to the Client the elements in its possession which may be appropriate. If the claim or action is based on a breach by OVHcloud, the Client may engage the liability of OVHcloud under the GTS.
9. HOW OVHCLOUD PROCESSES PERSONAL DATA COLLECTED WITHIN THE COMMUNITY FORUM?
The processing, as a data controller, of personal data collected by OVHcloud within the Community Forum is regulated by OVHcloud Data Usage Policy.