Terms of Service

Last updated: July 21, 2019

These terms of service (the “Terms of Service”) apply to users of Lancium LLC’s Internet sites. In what follows, “we” or “us” refers to Lancium LLC, “you” refers to the individual(s) or organization(s) purchasing or using Lancium LLC services, and “Service” and “Services” refers to all services, products, software and accompanying services provided to you by Lancium LLC, which may include computing infrastructure, data storage, and applications.

You must be at least 18 years old to purchase or use our Services and in addition to this we reserve the right to refuse Service to any person or organization at our sole discretion.

Electronic Communications

When you visit our sites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our sites. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Our Services and Responsibilities

We may, at our discretion, provide our Services and/or access to our Services to you by separate agreement. Our Services to you may include the provision of capacity on this infrastructure and/or the use of our applications, both via our sites. We may provide to you capacity on our infrastructure, which you will access exclusively over the internet, and you may use this capacity to store your data. We may provide to you access to our applications on our computing infrastructure, which you will access exclusively over the internet, and you may use our applications for operating on your data stored on our infrastructure. We may additionally offer to you accompanying services.

We have taken reasonable care in compiling the content of our sites, but make no warranty as to the accuracy of any descriptions of our Services on our website, and we do not accept any liability resulting from any reliance you or any third party may place on such descriptions. In particular, performance descriptions are indicative and not guaranteed.

We do not make any representations, warranties or guarantees regarding data retention, data integrity, Service security or Service suitability for any purpose. You must not use our Services for any safety critical systems or place any data covered by legal restrictions, including, but not limited to, Federal Controlled Unclassified Information (CUI).

Depending on your agreement with us, you may have access to storage and computing capacity, and applications, on our infrastructure. You may not always be able to increase the amount of capacity that you use on our infrastructure, even when payment for this would be covered by your agreement, since our infrastructure may be fully or nearly fully-utilized by other customers.

The accompanying services which we offer may be subject to additional terms and conditions from us or third parties who are involved in their provision. We will notify you of these conditions, which you must also accept should you wish to use these accompanying services.

Beta Services

You understand and acknowledge that any Service provide by us and labeled as “BETA” is being provided as a “Public Beta”, and is made available on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing us with feedback on the quality and usability of the Service. The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from your accessing device and from peripherals (including, without limitation, servers and computers) connected thereto. We strongly encourage you to back-up all data and information on your accessing device and any peripherals prior to using the Service. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR ACCESSING DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical or other support for the Service.

Your Responsibilities

You are responsible in all respects for your use of our Services. Without limitation, this includes:

  • All data stored by you.
  • All data processed by you.
  • All data transmitted by you.

With regard to data protection laws, you are the data controller for all data stored by you on our infrastructure.

You are responsible for maintaining any required backup copies of data stored in your account. We do not make or maintain backup copies on your behalf.

You will not disclose your access credentials to our site, infrastructure, or Services to third parties for any purpose. If your access credentials are compromised by third parties, then you will notify us immediately at support@lancium.com and you will change any access credentials which may have been compromised. We reserve the right to make any changes to your account for purposes of ensuring access security.

You will indemnify us and keep us indemnified from and against all claims, costs (including legal costs), damages, expenses, losses and liabilities incurred by us or due to third party claims against us as a result of, or in connection with your breach of any third party rights, including but not limited to any infringement of third party intellectual property rights.

Access Credentials

If you use our sites, you are responsible for maintaining the confidentiality of your access credentials and for restricting access to your access credentials, and you agree to accept responsibility for all activities that occur under your access credentials. We reserve the right to terminate or suspend access credentials in our sole discretion.

Acceptable Use Policy (AUP)

We do not permit the use of our Services for actions or activities which, at our sole discretion, may be illegal, offensive, abusive or contrary to accepted internet norms or threaten our infrastructure. We will take any actions necessary to enforce these prohibitions, including those listed under the Suspension and Termination section below. The uses which are not permitted include but are not limited to the following:

We prohibit all uses of our Services which appear to us at our sole discretion to be illegal under any applicable laws. This includes but is not limited to:

  • Storage or transfer of illegal material, including material which it is illegal to transmit over a public telecommunications network.
  • Involvement in fraudulent activities.
  • Misuse of our or other computer systems.

We prohibit uses of our Services which appear to us at our sole discretion to be offensive. This includes but is not limited to storing, processing, or transmitting any content or links to any content which we believe to be:

  • Pornographic.
  • Excessively violent, inciting violence or threatening violence.
  • Harassing or inciting hate of any person or group of persons.
  • Defamatory.
  • Violating the privacy of any person or group of persons.
  • Promoting or soliciting illegal activities under any applicable laws.
  • Exposing trade secrets, infringing copyright, trademarks or patents or assisting others in doing so.
  • Unfair or deceptive under consumer protection laws.
  • Creating a risk to safety, health or national security.

We prohibit all uses of our Services which appear to us at our sole discretion to be abusive or contrary to accepted internet norms. This includes but is not limited to:

  • Sending of unsolicited bulk/commercial email (spam).
  • Excessive posting on web forums, news groups, chat services or IRC.
  • Publishing of websites or other material which are advertised by techniques (including but not limited to spam) which we would classify as abuse if they were carried out via us.
  • Distribution of viruses, adware or other malware.
  • Fraudulent collection of personal or financial data (phishing).
  • Unauthorized access to or misuse of data, computer systems or networks.
  • Unauthorized probing, scanning or testing the vulnerability of computer systems or networks.
  • Interference with service to other users of computer systems or networks, including denial of service attacks.
  • Unauthorized interception or monitoring of network traffic.
  • Transmitting fake or misleading network traffic, including forged IP packets or email headers.
  • Any conduct likely to result in retaliation against us, including engaging in behavior that results in a denial of service attack.

We prohibit all uses of our Services which appear to us at our sole discretion to threaten our infrastructure. This includes but is not limited to:

  • Usage which imposes excessive load beyond the resources you contracted for.
  • Infrastructure usage outside of your contract terms or of a malicious nature. For example, fork bombs, zip bombs, or root escalation attacks.
  • Allowing unauthorized third-party access.
  • Attempts to circumvent our mechanisms for controlling, monitoring or billing usage.

You will ensure that all use of our Services follows the Terms of Service.

Compliance with Law

You undertake that your use of our Services does not and will not violate any applicable laws and that you will not permit any such violations by others.

We are not responsible for any use which you make of our Services, nor any charges that you may incur with a third party. You will indemnify us against any liability for any action that you undertake that does or may breach any applicable laws and any costs (including our legal fees and a commercially reasonable additional charge for our time), claims, damages, expenses, losses and liabilities resulting from such breach.

Privacy Policy

We are committed to respecting and protecting the privacy of our customers.

As our customer, you will provide us with contact and payment information. Your information will only be used to support your customer relationship with us, and will never be passed to any third party unless this is necessary to provide Services to you or we are legally required to do so.

We keep your personal information to enable your continued use of our Services, as may be required by law (including for tax and accounting purposes), or as otherwise communicated to you. How long we retain specific personal information varies depending on the purpose for its use, and we will delete your personal information in accordance with applicable law.

With respect to your data that you store or process on our infrastructure, we will never disclose your data to any third party unless we are required to do so by court or administrative order, or only as reasonably necessary to investigate suspected violations of our Acceptable Use Policy

Alteration of Terms of Service

The current version of the Terms of Service will be the version available on our website at https://portal.lancium.com/about/terms_of_service. However, we reserve the right to alter the Terms of Service at any time.

Suspension and Termination

We may, at our sole discretion, immediately and without notice, terminate or suspend for a period of time all or part of our Services to you, including deleting your stored data, in the following situations:

  • In the event that you violate our Acceptable Use Policy, any other provision of the Terms of Service or any applicable laws. In the event of termination or suspension in this situation, you will not be entitled to any refund. In addition, we will have the right to recover from you any costs resulting from the violation, including our time which we and you agree will be charged at a rate of $1,000 per day and which we and you agree is a genuine pre-estimate and commercially reasonable; any legal fees that we incur; and a commercially reasonable additional charge for the violation itself.
  • In the event that your payments do not cover your use.

We may also, at our sole discretion, terminate or suspend for a period of time all or part of our Services to you, including deleting your stored data, where we have provided you with at least 30 calendar days notice.

Notice

You can contact us and provide notices to us by email at support@lancium.com.

You will ensure that your email address and any other contact details specified in your online account settings are kept up to date at all times, particularly as we will send critical correspondence to you at your email address. In the absence of evidence of earlier receipt, a notice or other communication is deemed given: if sent by email at one hour after the email has been sent; if delivered by hand, at the time of delivery; if sent by post (other than air mail), at midday on the third Business Day after posting it.

Liability

Our liability under these Terms of Service will not exceed your bill for use of our supplied Services in the calendar month in which the incident occurred, and you will make no claim against us unless you notify us of the details of the claim within one month of the incident occurring and one month prior to making the claim.

We will not be liable for any losses or liabilities that you may incur as a result of any force majeure event or law enforcement activity. A force majeure event in the Terms of Service is an event that is outside our control and will include but not be limited to fire, flood, earthquake, storm, hurricane or other natural disasters, war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or failure of electricity or other utilities. With the exception of losses with regard to fraud on our part and personal injury, we will not be liable for any consequential losses which you or your customers may suffer as a result of our breach of these Terms of Service, such losses including but not limited to economic loss, loss of goodwill or reputation, and loss of or damage to data.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

OUR SITES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS & APPLICATIONS (INCLUDING ANY SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN AN AGREEMENT. WE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS & APPLICATIONS (INCLUDING ANY SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OUR SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS & APPLICATIONS (INCLUDING ANY SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OUR SITES, ITS SERVERS, OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE OUR SITES OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS & APPLICATIONS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE OUR SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Governing Law and Jurisdiction

These Terms of Service and all other legal relationships between you and us will be governed by and construed in accordance with the laws of the State of California. The courts of the United States are to have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms of Service and any proceedings will be brought in the U.S. courts. You irrevocably submit and agree to submit to the jurisdiction of the U.S. courts. You irrevocably waive any objection which you may at any time have to the U.S. courts being so nominated and agree not to claim that the U.S. courts are not a convenient or appropriate forum.

The illegality, invalidity or unenforceability of a provision of the Terms of Service under the law of any jurisdiction does not affect: the legality, validity or enforceability of any other provision of the Terms of Service in that jurisdiction; or the legality, validity or enforceability of that or any other provision of the Terms of Service under the law of any other jurisdiction.

Copyright

All content included on our sites, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of us or our content suppliers and protected by United States and international copyright laws. The compilation of all content on the our sites is the exclusive property of us and protected by U.S. and international copyright laws. All software used on the our site is the property of us or its software suppliers and protected by United States and international copyright laws.

Trademarks

Our trademarks and trade dress may not be used in connection with any product or Service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Site Access

We grant you a limited right to access and make use of our sites and our content and applications thereon, and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of us. This limited right does not include any resale of our sites or their contents; any derivative use of our sites or their contents not owned by you; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by us in a separate agreement, your right to use any software, data, documentation or other materials that you access or download through our sites is subject to these Terms or any superseding agreement you may execute with us.

Our sites or any portion of our sites may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of us. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of ours without express written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without express written consent from us. Any unauthorized use terminates any rights of access or use of our sites granted by us to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of our sites, so long as the link does not portray us, our sites or its products or Services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our logos or other proprietary graphic or trademark as part of the link without express written permission.