Terms of Service

Introduce

Welcome to LightNode's Terms of Service! The first part of our Terms of Service is an introduction, which is structured like an FAQ and lists some concepts before diving into other terms.

What files does the TOS consist of?

We refer to the Terms of Service as "TOS"

This page lists the core of our TOS, but we have other contract documents that you can consider additional terms on specific topics. Legally, these other documents are incorporated by reference as if they were written here and form part of the entire TOS. Therefore, you should also check out these other documents, which can be found at the following links:

Privacy Policy, which outlines how we collect, use and share data on our website and services

Who is this TOS for?

When we refer to "LightNode" or use pronouns such as "we," "us," or "our," we mean LightNode, LLC and its parent, affiliates, and subsidiaries.

When we refer to "User", we mean you, and we also use words such as "you" and "your" to refer to you. Who "you" is may become more complicated if you use our services on behalf of a company, organization or other entity, in which case you represent to us that you have the right to bind your company, organization, other entity to this TOS, and you undertake to represent that entity (and "User", "you" and "your" then refer to such entity). If you are not sure what this means, or whether you have the authority to bind your company, organization or entity to this contract, you should ask others in your organization for clarification of authority.

What are the terms of service?

This TOS is a binding contract between you and LightNode covering all products, websites, products, services, features, content, applications and other content we provide to users like you.

We will periodically distinguish between our websites, such as lightnode.com (which we will collectively refer to as the "Site"), and all of our other services, such as our cloud infrastructure and other paid services (which we will collectively refer to as the "Services").

As you will see later in the TOS, Section 3 (Site Terms) is specific to your use of the Site and Section 4 (Terms of Service) is specific to your use of the Services.

When does this TOS apply to me?

Now that we have some common language, we want to make sure you understand when and how TOS applies.

First, you must understand that this is a binding legal contract necessary to use our website and services. Therefore, you may use our website and services only if you agree to have read, understood and agreed to be bound by this TOS.

If you register for the service or create an account through our website, this TOS is effective when you tick "I agree to the Terms of service" or other feature that indicates your acceptance of its terms. If you purchase the Services through a separate written contract, this TOS will be included in that contract, whether or not stated. Regardless of these other methods, this TOS applies and is legally binding on you and your access and use when you access or use our website and services. These are common examples and this paragraph does not necessarily include all other ways in which you may be bound by this TOS.

How are disputes under this TOS handled?

A requirement of our TOS is that you must agree to resolve disputes arising under this TOS through direct binding arbitration between you and LightNode. In arbitration, a neutral arbitrator or panel of arbitrators will hear the arguments of both parties and decide the dispute in a convenient and cost-effective manner. When these cases involve small clai

You should understand that this means neither you nor LightNode have the opportunity to resolve certain disputes in court before a judge or jury. You will not be able to file a claim in a traditional trial, nor will you be able to participate in a court-based class action or similar process.

TOS Terms and Conditions

1. Eligibility and registration

1.1 Before you use our website and services, you must ensure that such use complies with all laws, rules and regulations that apply to you. Your right to access the Site and Services will be revoked if your use is prohibited or if our regulations conflict with any applicable laws, rules or regulations. It is your responsibility to make these decisions before using the website and services.

1.2 The Site and Services are not directed to, and are not intended to be used by, anyone under the age of 18. By using the Site and Services, you represent and warrant to us that: (a) you are at least 18 years old; (b) you otherwise have sufficient legal consent, license and capacity to use in the applicable jurisdiction as determined by you Website and Services.

1.3 To access certain features of the Services and Website, you must register for an account ("Account"). When you register for your account, you may be required to provide us with some information about yourself, such as your name, email address and a valid payment method, and you may also voluntarily provide optional information about yourself. Account information and our use and disclosure of it are governed by the Privacy Policy and Data Processing Agreement.

1.4 We may, in our sole discretion, refuse to provide or continue to provide the Site and Services to any person or entity and change the eligibility criteria at any time, including if you fail to comply with the TOS. We reserve the right to deactivate, terminate, block access, disable the Services and/or delete any account or access to the Site and Services at any time in our sole discretion.

2. Ownership of LightNode

2.1 As between you and LightNode, the website and services are owned and/or provided by LightNode. names, logos, trademarks, trade dress, arrangements, visual interfaces, graphics, designs, compilations, information, data, computer code (including source or object code), products, software, services and all other elements of the website, and services ( "Material") The content we provide is protected by intellectual property and other laws. All materials contained in the Site and Services are the property of LightNode or its third-party licensors. You may only use the Site and Services in the manner expressly authorized by us and set forth in this TOS. You shall comply with and maintain all intellectual property notices, information and restrictions contained in the Site and Services. We reserve all rights to the Site and Services not expressly granted by these Terms of Service.

2.2 If you choose to provide comments and suggestions ("Feedback") regarding issues or proposed changes or improvements to the Site and Services, you hereby grant us an unrestricted, permanent, irrevocable, non-exclusive, full payment Royalties - Free right to use Feedback in any way and for any purpose, including improving the Site and Services and creating other products and services.

2.3 You allow us to disclose you as a customer in our promotional and marketing materials, including by name, corporate logo and trademark.

2.4 Certain materials provided by LightNode are licensed under one or more open source, Creative Commons or similar licenses (collectively, the "Open Source Licenses"). Nothing in this TOS prevents, restricts, or is intended to prevent or restrict your access to such materials under applicable open source licenses, or your use of such materials under those open source licenses.

2.5 Subject to your full and ongoing compliance with these TOS and our rights therein, LightNode grants you a limited, non-exclusive, non-assignable, non-sublicensable, revocable license to access and use as described in website and/or services, and are governed by these Terms of Service.

3. Service Content

3.1 Our Services allow you to provide us with source code, files, software, processes, interfaces, data, text, settings, media or other information for the Services to store, host or process (your "Service Content"). Service content includes listing information and vendor offerings (as defined in the LightNode Marketplace Terms and Conditions).

3.2 By providing your Service Content to or through the Service, you grant LightNode a license to host, store, transmit, display, perform, reproduce, modify and distribute your Service for the purpose of formatted display only, in accordance with these Terms of Service The content is provided to you.

3.3 As between you and LightNode, you retain any copyright and other proprietary rights you may have in the Service Content.

3.4 If you resell the services under TOS to third parties, or your own products and services (bound with TOS services) are allowed to be used by third parties through public websites, applications, and interfaces, then some TOS services will allow Third parties accessing, using or sharing your Service Content, such other users are collectively referred to as your "End Users" for the purposes of this TOS. For clarity, "end user" in this document includes all such other users, whether they are intermediaries, end users of other end users, etc. It is your responsibility to ensure that your end users comply with this TOS.

3.5 You are solely responsible for the content of your Service, your end users and any activities of your end users, and you agree that LightNode will not and will not in any way be responsible for the content of your service, your end users and/or your end users' Responsible for the activity. By providing your service content through the service, you confirm, represent and warrant that:

Your Service Content and your or your End User's use of Your Service Content will not violate this TOS (including the AUP) or any applicable laws, regulations, rules or rights of third parties;

You are solely responsible for the development, review, operation, maintenance, support and use of your Service Content, including when Your Service Content is provided by your end users;

Your Service Content and your or your end users' use of Your Service Content will not and will not: (i) infringe, violate or misappropriate any third party rights, including any copyright, trademark, patent, trade secret, moral rights , privacy, publicity or any other intellectual property or proprietary rights; (ii) defame, defame, defame or violate any other person’s privacy, publicity or other property rights; (iii) cause us to violate any law, regulation, the rules or the rights of third parties; and Except for certain services provided to you under this TOS or other express contract, you are solely responsible for the technical operation of the content of your services, including on behalf of your end users.

3.6 It is your responsibility to properly configure and use the Services and to take your own steps to maintain the appropriate security, protection and backup of your Service Content, which may include the use of encryption technology to protect Your Service Content from unauthorized access As well as routine archiving of your services. LightNode makes no commitment to retain any saves or backups of your Service Content. You are solely responsible for the integrity, preservation, and backup of your Service content, whether or not your use of the Service includes LightNode backup features or functionality, and to the fullest extent permitted by law, LightNode is not responsible for any loss of data and may not use, or other consequences related to the above.

3.7 When purchasing the Services, you may specify the geographic area in which your Services content will be stored. You agree to store your service content in and transfer your service content to a geographic area of ​​your choice. Unless you and LightNode agree otherwise in writing, you agree that LightNode may, at its sole discretion, transfer and store your Service content in other geographic areas. You represent and warrant that such storage and transfer have been given your full consent and are permitted in accordance with applicable laws, regulations, rules and third party rights.

4. Code of Conduct

4.1 You must use the Site and Services in accordance with our AUP, which is incorporated by reference. Therefore, any use of the Site and Services in violation of the AUP constitutes a violation of this TOS.

4.2 You are solely responsible for activities that occur on your account, whether such activities are performed by you, your employees, any third party (including your contractors or agents), your end users, your licensees or your conducted by the customer.

4.3 You are responsible for informing your employees, agents and others in connection with your use of the Site and Services of the terms of this TOS, including where the terms of the TOS bind them.

4.4 You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to obtain any source code or underlying ideas of any part of the Website or Services (including without limitation any Application) or algorithms, unless such restrictions are expressly prohibited by applicable law to the limited extent; (ii) modify, translate or otherwise create derivative works of any portion of the Site or Services; (iii) copy, rent, rent, distribute or otherwise transfer any rights you acquire under this Agreement. You shall comply with all applicable local, state, national and international laws and regulations. If any part of the Site or Service is governed by an open source license, such open source license applies regardless of this section.

4.5 We reserve the right to access, read, store and disclose any information we reasonably deem necessary to (i) respond to any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Service, including investigating possible violations of these Terms of Service; Terms of Service; (iii) detect, prevent or otherwise resolve fraud, security or technical issues; (iv) respond to user support requests; (v) protect the rights, property or safety of us, our users and the public. More information can be found in our Law Enforcement Guide.

4.6 As a bonus to early adopters of the Service, some users with older accounts receive free bandwidth promotions, subject to their account remaining active, in good standing and complying with this TOS (“Free Bandwidth Account”). Free bandwidth accounts will no longer receive free bandwidth if: (a) ownership of such accounts is transferred to a third party; (b) use of such free bandwidth accounts violates this TOS (including the AUP); or © this Such free bandwidth accounts are used for any of the following activities: (i) to run Torrents for download or torrent servers, TOR, or services that contain adult or pornographic content; (ii) to resell or otherwise provide such free bandwidth as a service to third parties; (iii) otherwise circumvent or attempt to circumvent the intended use of free bandwidth accounts by redistributing the benefits of free bandwidth to third parties; (iii) accounts that have been logged out by users, or users who have lost their login passwords but have not The account was retrieved from LightNode in time, and it became an invalid account due to not logging in for many years.

4.7 You should use appropriate security protocols, such as setting strong passwords and access control mechanisms, protecting access to all logins and passwords, and verifying the trustworthiness of those who access information on trusted accounts. You are solely responsible for any unauthorized access to your Account and must notify LightNode immediately upon becoming aware of any such unauthorized access.

4.8 If you become aware of any security incident or breach affecting the Website or Services, including unauthorized access to your account or account credentials, you shall notify LightNode and shall assist the authorities or any investigation or legal action taken by LightNode to investigate and correct the cause. A security incident or breach resulting from your account or your use of the Site and Services. Our data processing agreement contains further information about security incidents related to certain personal data.

5. Payment and billing

5.1 We use a third party payment processor ("Payment Processor") to bill you through the payment account associated with your account (your "Billing Information"). In addition to this TOS, payment processing may be subject to the terms, conditions and policies of the payment processor. We are not responsible for the actions or omissions of payment processors. You agree that in accordance with our Pricing and Billing Policy, and you hereby authorize us and the applicable payment processor to charge all such payments to you

5.2 You must provide your account and billing information with current, complete and accurate information and must promptly update all such information in the event of changes (such as changes to billing address, credit card number or credit card expiration date). If your payment method is cancelled (for example, lost or stolen) or otherwise unavailable, you must notify us or our payment processor immediately. This information can be changed in your account settings.

5.3 By entering into these Terms of Service and using the Services, you agree to recurring billing and automatic billing by us or our payment processor using your payment method at the time of invoicing. If your method of payment or payment of fees is subject to other terms and conditions set forth in an order, invoice or otherwise, those other terms and conditions apply in addition to this TOS. You may also be charged an amount not exceeding your current balance at any time to verify the accuracy of your account information. We reserve the right to deactivate, terminate, block access, disable the Services and/or delete any account or access to the Site and Services at any time in our sole discretion, including payment methods for non-payment, late payment or failure to bill you.

5.4 We may offer Service Credits from time to time and any provision for such Credits is governed by the disclosures, terms and policies regarding Credits. You acknowledge and agree that all credits, whether previously offered or otherwise, may be withdrawn or prematurely expired by us at any time for any reason or no reason, including abuse, misrepresentation of account information, unauthorized transfers or conduct you illegally.

6. Third-party services

The websites and services may include links to third-party websites, services or other resources on the Internet, and third-party websites, services or other resources may also include links to our websites and services. When you access third-party resources on the Internet, you do so at your own risk. These third-party resources are not under our control, and to the fullest extent permitted by law, we are not responsible or liable for the content, functionality, accuracy, legality, appropriateness or any other aspect of such resources. The inclusion of any such link does not imply our endorsement or any association between us and any third party. To the fullest extent permitted by law, we disclaim any direct or indirect responsibility or liability for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party resources. We also allow certain vendors to make Vendor Products available on the LightNode Marketplace ("Vendor" and "Vendor Product" are defined in the LightNode Marketplace Terms and Conditions). Use of any vendor product may require you to agree to certain terms and conditions directly with the vendor, and LightNode may not be a party to such agreement. It is your responsibility to protect your system from risks that may be posed by third-party resources or vendor products described in this section, such as viruses, worms, Trojan horses, and other security risks.

7. Confidentiality and Testing Services

7.1 If you receive or possess any non-public information from us that is designated as confidential or reasonably should be understood to be confidential given the nature of the information or the circumstances surrounding its disclosure, then such information is our “confidential information”. ”” and must be handled in accordance with this TOS. Confidential information includes, but is not limited to: (a) non-public information about our technology, customers, business plans, marketing and sales activities, financial, operational and other business information; (b) ) the existence and content of our discussions or negotiations with you regarding the use of your account and/or services. Confidential Information does not include any information that is: (i) publicly or publicly available without breaching this TOS; (ii) ) can be documented by evidence that you were aware of our notice at the time of receipt; (iii) received from a third party that did not obtain or disclose the information through an unlawful or tortious act or violation of our or a third party's rights;

7.2 You shall not use Confidential Information except as permitted by these Terms of Service or separately authorized by us in writing in connection with your use of the Services. You agree not to disclose Confidential Information during the term of this TOS, after you stop using the Services, and after this TOS no longer applies. You will take all reasonable steps to avoid disclosure or unauthorized use of Confidential Information, including at least the steps you take to protect your own Confidential Information of a similar nature.

7.3 We may offer "beta versions" or features of the Services (each referred to as "Beta Services")). Any production candidate or non-production version of the Service or other version of the Service designated as a beta or beta version is considered a beta service under this TOS. We will determine the availability, duration, features and components of each Beta Service at our sole discretion. If we allow you to use the Beta Services, you agree that the information we provide in connection with the Beta Services is confidential and, in addition to other requirements set forth in this TOS, you specifically agree not to: (i) use for benchmarking or performance test or publicly disseminate performance information or analysis of the Beta Services from any source related to the Services; (ii) modify or create derivative works of the Beta Services or remove any product identification, proprietary, copyright or other notices contained in the Beta Services; ( iii) allow any other individual to access or use the Testing Services. We will continue to provide any Beta Services at our sole discretion and may discontinue any Beta Services at any time.

8. No warranty

8.1 The Site and Services, including but not limited to any content delivered as part of it, are provided on an "as is" and "as available" basis. LightNode disclaims all warranties of any kind, express or implied, with respect to the Site and Services and all content associated therewith, including, but not limited to: (a) merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; (b) any warranties arising in the course of dealing, use or trade; © any warranties or guarantees relating to availability, accuracy, error rates, system integrity or uninterrupted access. We do not warrant that: (i) the website or service will be secure or available at any particular time or location; (ii) any defects or errors will be corrected; (iii) any content on or available through the website or service or the software is free of viruses or other harmful components; (iv) the results of using the website or services will meet your requirements. Your use of the Site and Services is entirely at your own risk.

To the maximum extent permitted by law, we disclaim all liability for supplier products. Instead, if applicable, all limited warranties, disclaimers, limitations of liability, and other specific terms regarding Supplier's products can be found in the LightNode Marketplace Terms and Conditions or (if applicable) in the agreement between you and the Supplier.

8.2 LightNode is not responsible for the content you access through your use of the Website, Services or the content of other users of LightNode or other third parties. To the extent permitted by applicable law, you release us from all liability related to such content. You acknowledge and agree that we make no representations about any content contained in or accessed through the Site or the content of other users of LightNode or other third parties, and we are not responsible for the accuracy, quality, legality or other attributes of or Obligation to such content.

8.3 LightNode does not disclaim any warranties or other rights that applicable law prohibits LightNode from disclaiming.

9. Limitation of Liability

9.1 To the fullest extent permitted by law, in no event shall we, whether based on warranties, contract, tort (including negligence), statute or any other legal theory, and whether we have been advised of the possibility of damages. To the fullest extent permitted by law, you agree that we are not responsible for any data that may be destroyed, lost or otherwise inaccessible, whether because of your failure to back up the data or for any other reason.

9.2 Each provision in these Terms of Service that sets forth the limitation of liability, disclaimer of warranty or exclusion of damages is intended and does distribute risk among the parties under these Terms of Service. This allocation is an essential element of the basis of the transaction between you and us. Each of these terms is severable and independent of all other terms of this TOS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. Indemnity

To the fullest extent permitted by law, you shall be responsible for your use of the Site and Services, and you shall defend, indemnify and hold harmless us and our employees, officers, directors, agents, contractors and representatives from all Liability, Claims, and Expenses, Including Reasonable Attorneys' Fees and Costs Arising from or Related to Your Service Content, User Content, Your End Users, or Your Access to or Use of the Site and Services, including your breach of this TOS or applicable Law, willful misconduct, negligence, illegal activity, breach of security or data, unauthorized access or use of your account, or violation of third party rights, including any intellectual property, confidentiality, property or privacy rights. We reserve the right to the exclusive defense and control of any matter for which you are required to indemnify, without limiting your obligation to indemnify such matter, in which case you will use your best efforts to assist and cooperate with us in defending that matter at your own expense.

11. Termination

While we would prefer to give earlier notice of termination, we reserve the right, in our sole discretion, to terminate your access to all or any part of the Site and/or Services at any time, with or without notice, effective immediately. Any such termination may result in the immediate forfeiture and destruction of data associated with your account. Unless otherwise provided in this Agreement or expressly agreed by the parties, any and all fees paid to us are non-refundable and any and all fees still owed to us at the time of termination shall be immediately due and payable. Upon termination, any and all rights granted to you by these Terms of Service will immediately cease and you must also immediately cease all use of the Site and/or Services.

12. Miscellaneous Provisions

12.1 Updates and Modifications. LightNode reserves the right to update, change or otherwise modify this TOS at any time in LightNode's sole discretion. If LightNode updates this TOS, LightNode may provide notice of such update, such as by sending an email notification to the email address listed in your account and/or updating the "last updated" date at the beginning of this TOS. Updates will take effect on the date specified in the notice. By continuing to access or use the Site or Services after the date specified in the notice or updated Terms of Service, you agree to accept and be bound by the updated Terms of Service and all terms contained therein. If you do not agree to the updated TOS,

12.2 General. These Terms of Service, including all documents expressly incorporated herein by reference, constitute the entire agreement between the parties and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, with respect to its subject matter. The use of section headings in this TOS is for convenience only and will not have any effect on the interpretation of any provision. Any use of the singular should reasonably be construed as if it also included the plural and vice versa. Any use of "including" or "for example" should be construed as "including but not limited to" if not expressly stated otherwise. If any part of this TOS is found to be invalid or unenforceable, the unenforceable part will be effective to the greatest possible extent and the remainder will remain in full force and effect.

12.3 Assignment. You may not assign, assign or delegate this TOS or any of your rights and obligations under the TOS, in whole or in part, by law or otherwise, without our prior written consent. We may assign, assign or delegate this TOS or our rights and obligations under this TOS without notice or consent. Subject to this section, this TOS will be binding on and inure to the benefit of the parties and their respective permitted successors and assigns, and any assignment or assignment in violation of this section will be void.

12.4 Consent to Electronic Communications. By using the Site and/or Services, you agree to receive certain electronic communications from us, as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communication practices. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications are in writing.

12.5 Relationship of the Parties. The parties are independent contractors. These Terms of Service do not create a partnership, franchise, joint venture, agency, trust or employment relationship between the parties. Neither party nor any of their respective affiliates is an agent of the other party and has no authority or authority to bind the other party for any purpose.

12.6 Force Majeure. If LightNode is subject to any act or event beyond LightNode's reasonable control (including but not limited to acts of God, war, unrest or riot, strike, any action of a government entity, weather, quarantine, fire, flood, earthquake, explosion, utility or telecommunications outages, internet disruptions, epidemics, epidemics or any unforeseen change in circumstances, or any other cause beyond our reasonable control.

12.7 No Third Party Beneficiaries. This TOS does not create any third party beneficial rights to any person or entity that is not a party to this TOS.

12.8 Government Use. LightNode provides the website and services, including related software and technology, for ultimate federal use only in accordance with the following: Government technical data and software rights associated with the website and services include only those rights customarily made available to the public, such as these Terms of Service.

Copyright 2020 LightNode, LLC. all rights reserved. No part of the LightNode website may be reproduced, modified or distributed in any form or by any means without the prior written permission of LightNode.