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Wikitech:Cloud Services End User Terms of use

From Wikitech
This Terms of Use for End Users of Wikimedia Cloud Services Projects applies to users of sites, tools, and projects hosted on Wikimedia Cloud Services. The additional terms of use for administrators and developers can be found at Cloud Services Terms of use.

Welcome and thank you for visiting projects on Wikimedia Cloud Services ("WMCS"), a hosting service provided by the Wikimedia Foundation ("WMF", "we", "our", or "us") for Wikimedia community developers to create projects for the Wikimedia movement. WMCS projects include projects hosted on the Toolforge instance.

Since WMCS is a WMF project, WMCS are governed by the WMF Terms of Use and you must adhere to the WMF Terms of Use, which we have also published in full below. In addition, by using this service, you agree to these additional terms set out below, the Terms of Use for End Users of Wikimedia Cloud Services Projects ("Terms"), when visiting projects on WMCS. Together, the Terms and the WMF Terms of Use governs your rights and responsibilities when visiting projects hosted on WMCS. If you disagree with these conditions, please discontinue your use of WMCS.

1. WMCS governing policies

Developers and administrators of WMCS projects should adhere to the Wikimedia Cloud Services Terms of Use for Administrators and Developers.

Note that while WMF adheres to the WMF Privacy Policy and the WMF Data Retention Guidelines in its activities on WMCS, these policies do not always govern the privacy practices of WMCS projects. Unless you are otherwise explicitly notified, projects administered or developed by WMF staff on WMCS and all Toolforge projects will still adhere to the WMF Privacy Policy and the WMF Data Retention Guidelines.

To summarize, WMCS projects are governed by the following WMF policies:

Note: developers and administrators of WMCS projects may set additional terms for users of their projects, as long as the additional terms do not conflict with the Wikimedia Cloud Services Terms of Use for Administrators and Developers, and if applicable, the WMF Privacy Policy and the WMF Data Retention Guidelines.

2. Public nature of WMCS and your privacy

WMCS is a public environment for community developers to create projects related to a Wikimedia project or MediaWiki software development or testing. Generally, we do not monitor WMCS projects or content on them — we merely host the projects in the WMCS environment. Given the public nature of WMCS, any information you post or that is collected by WMCS projects may be available to WMF, volunteers, administrators, or other WMCS developers.

The administrators and developers of WMCS projects, instead of WMF, are responsible for controlling and processing any information, including personal information, collected on their WMCS projects. All WMCS projects, except for projects administered or developed by WMF staff on WMCS and for all projects on Toolforge, should set out in a "Privacy Statement" the personal information collected by the project, how the project will use this information, how long the project will retain this information, and who else may have access to the information. This "Privacy Statement" should be posted in conspicuous manner from the home page of the WMCS project. The "Privacy Statement" governs the data collection practices of the associated WMCS project so please read it carefully.

3. Transfer of data on WMCS

WMCS is hosted and operated in the United States. By using WMCS, whether from inside or outside of the United States, you understand that collection, transfer, storage, disclosure, and other processing of your information (personal or otherwise) will take place in the United States. You also understand that your information may be transferred to other countries and that the United States and such other countries may have different or less stringent data protection laws than your country.

4. Disclaimers

WMCS is a public environment, so all your use of WMCS is at your sole risk. We host WMCS projects on an "as is" and "as available" basis, and we expressly disclaim all warranties of all kinds, including implied warranties of fitness for a particular purpose, merchantability, and non-infringement. We make no warranty that WMCS projects will meet your requirements, be safe, secure, or uninterrupted.

We are not responsible for the content, data, or actions of third parties, including administrators and developers of WMCS projects, and you release us, our officers, directors, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against such a third party.

5. Other terms

These Terms do not create an employment, agency, partnership, or joint venture relationship between you and us, the Wikimedia Foundation. If you have not signed a separate agreement with us, these Terms and the WMF Terms of Use are the entire agreement between you and us. If there is any conflict between these Terms, the WMF Terms of Use, and a signed written agreement between you and us, the signed agreement will control.

If in any circumstance, we do not apply or enforce any provision of these Terms, it is not a waiver of that provision.

These Terms were written in English (U.S.). While we hope that any translations of these Terms are accurate, in the event of any differences in meaning between the original English version and a translation, the original English version takes precedence.

If any provision or part of a provision of these Terms is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and will be enforced to the maximum extent permissible, and all other provisions of these Terms will remain in full force and effect.

Finally, we think this is highly unlikely, but if necessary you will defend, indemnify, and hold us harmless from and against any claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) arising out of or relating to any third-party claim concerning: (a) your use of WMCS projects and the content on those projects; (b) breach of these Terms or violation of applicable law by you related to your use of WMCS projects; or (c) a dispute between you and administrators or developers related to your use of their WMCS projects. If WMF is obligated to respond to a third-party subpoena or other compulsory legal order or process described above, you will also reimburse us for reasonable attorneys’ fees, as well as our employees’ and contractors’ time and materials spent responding to the third-party subpoena or other compulsory legal order or process. We will promptly notify you of any claim subject to this provision, but our failure to promptly notify you will only affect your obligations to the extent that our failure prejudices your ability to defend the claim. You may: (a) use counsel of your own choosing (subject to our written consent) to defend against any claim; and (b) settle the claim as you deem appropriate, provided that you obtain our prior written consent before entering into any settlement. We may also assume control of the defense and settlement of the claim at any time.

6. Modification of these Terms

We will make our best efforts to give you reasonable notice of changes in these Terms but it is your responsibility to read announcements from WMCS administrators and comply with the updated Terms. Your continued use of WMCS projects constitutes acceptance of any new terms or changes to the Terms.

7. Questions/Contact us

These Terms are maintained by the Wikimedia Foundation Legal Team. You may contact us at legal at wikimedia.org for any questions or issues related to these Terms. If you have any specific questions or concerns about how a WMCS project has handled your personal information, please contact us at privacy at wikimedia.org.

Thank you! Please also find republished below our WMF Terms of Use.

WMF Terms of Use

This Wikimedia Cloud Services Terms of Use went into effect on 2023-05-26. Previous versions can be found below: