1. ACCEPTANCE OF TERMS
Welcome to Lightspoke. Lightspoke provides web-based database services subject to the following Terms of Service ("TERMS"). We may update these TERMS from time to time without notice to you. You can always review the most current TERMS at any time at: http://www.lightspoke.com/terms.html. BY ACCESSING OR USING THE WEB SITE LOCATED AT WWW.LIGHTSPOKE.COM (THE "SITE") OR OUR SERVICES (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS AND ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS, YOU MAY NOT USE THE SITE OR THE SERVICES. WE SUGGEST YOU PRINT A COPY OF THESE TERMS FOR YOUR RECORDS.
If you are using the Site or the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to indemnify you and Lightspoke for violations of these Terms. Nothing in these Terms will be deemed to confer any third party rights or benefits.
2. DESCRIPTION OF SERVICE
Lightspoke currently provides users with access to applications on top of a web-based database platform (the "SERVICE"). You also understand and agree that the service may include administrative messages, password retrieval information and any requested service including but not limited to data backup dumps from Lightspoke. These communications are necessary in order to use Lightspoke safely, securely and productively. Hence, they will be part of the Lightspoke membership and you will not be able to opt out of receiving them. You understand and agree that the Service is provided "AS-IS" and that Lightspoke assumes no responsibility for the timeliness or failure to store any user data or application and personalization settings. You are responsible for obtaining access to the SERVICE and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. ACCOUNT TERMS
Lightspoke will bill you in arrears on a monthly basis. For each billing period, LIGHTSPOKE will send an invoice to you via email.
AUTOMATIC RENEWAL: Your Lightspoke subscription will automatically renew.
TERMINATION: Either party may terminate SERVICE upon written notice to the other party with thirty (30) days' prior written notice. Lightspoke will acknowledge termination request in writing within 3 business days. Writing acknowledgement serves as the only acceptable proof of receipt of the termination request.
TERMINATION FOR CAUSE BY LIGHTSPOKE. LIGHTSPOKE MAY TERMINATE SERVICES TO CLIENT IMMEDIATELY AND WITHOUT PRIOR NOTICE (TERMINATION FOR CAUSE) FOR ANY OR ALL OF THE FOLLOWING REASONS: 1. Material Breach: includes but is not limited to violation of the lightspoke's acceptable use or no spam policies. 2. Non-payment: You fail to remit payment within forty-four (44) days of the date on which LIGHTSPOKE sends the email invoice to you.
NO REFUNDS: Lightspoke will not be obligated to issue any refunds for any fees charged to your Credit/Debit Card/PayPal Account. No refunds will be given without proof of receipt of termination request.
You represent and warrant that you:
1. Are authorized to use and have fees charged to the credit card number, debit card number or paypal account you provide via the Site.
2. All of your registration and account information is true, accurate and complete.
3. You will maintain the security of your password.
4. You accept all responsibility for all activity that occurs under your user name.
Any breach or suspected breach of any of the above representations or warranties may result in immediate termination of your account or suspension of your account without, if applicable, any refund.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Lightspoke of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Lightspoke cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
6. MEMBER CONDUCT
You understand that all information ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Lightspoke, are entirely responsible for all Content that you upload, save, display, transmit or otherwise make available via the Service. Lightspoke does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Lightspoke be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, saved, displayed, transmited or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that Lightspoke may not pre-screen Content, but that Lightspoke and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Lightspoke and its designees shall have the right to remove any Content that violates the TERMS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Lightspoke or submitted to Lightspoke, including without limitation information in Service.
You acknowledge, consent and agree that Lightspoke may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TERMS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Lightspoke, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree that Lightspoke may, under certain circumstances and without prior notice, immediately terminate your Lightspoke account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TERMS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your Lightspoke account includes (a) removal of access to all offerings within the Service (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Lightspoke's sole discretion and that Lightspoke shall not be liable to you or any third-party for any termination of your account, any associated access to the Service.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Lightspoke SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Lightspoke HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICE.
Please report any violations of the TERMS to Lightspoke.