Terms of Service
1. Overview
This Hosting Agreement (this “Agreement”) is entered into between you and Lightning Base LLC (Lightning Base). This agreement provides the terms and conditions of Lightning Base LLC’s hosting services (the “Services”) and is the complete agreement in regards to these Services.
Lightning Base may at any time modify this agreement and post it to this site. We may email you to notify of changes to this agreement. It is your responsibility to maintain a current email address in the Lightning Base client area in order to receive these notifications. Changes to this agreement shall be effective immediately upon posting. Continued use of Lightning Base services shall constitute acceptance of this agreement.
2. Services
We will provide Services in accordance with the Terms of this Agremeent. The services provided will be in accordance with the Services ordered on the Lightning Base website.
The Services provided may be updated through the placmement of orders on the Lightning Base website or via support request. Fees and changes in Services provided will be displayed during the order process.
Lightning Base may update, replace, or end specific Services over time. These changes will not constitute a breach of this agreement.
3. Support and Authorized Users
You will have access the standard support methods Lightning Base provides. These support methods include opening a ticket at the Lightning Base client area, and emailing the Lightning Base service address.
Only Authorized Users will be granted full support by Lightning Base. Authorized Users may be added at the client portal. You will require authorized users to abide by the terms of this agreement.
In case you lose access to the client area, Lightning Base may assist in recovering access by adding or updating Authorized Users. This will be done at Lightning Base’s discretion and on a basis determined by solely by Lightning Base.
3. Payments, Termination, and Refund
Customer will pay service fees in accordance with any orders placed on the Lightning Base website. Fees are paid in advance of service and are payable via credit card or PayPal. Lightning Base reserves the right to suspend or cancel services due to non-payment of the required fees.
This agreement will renew automatically at the end of each payment period. You or Lightning Base may terminate this agreement at any time. Termination may be provided by Lightning Base due to any reason, including but not exclusive to a violation of this agreement, non-payment, or changes to Lightning Base services. An Authorized User may terminate this agreement in the Lightning Base client area or by emailing the Lightning Base support address followed by confirmation via email.
Refunds are provided at the sole discretion of Lightning Base and will never be larger than the most recent payment for the Services. Refunds will typically be provided in three situations: within 30 days of the initial commencement of the Services, with 7 days of any renewal of the the Services, on a pro-rated basis due to early cancellation of the Services when annual payment is used. When a pro-rated refund is given, the pro-rata will be calculated by rounding up to the full number of months used, and charging for months used at the regular monthly rate for the Services.
4. Website Contents
You are solely responsible for maintaining a copy of your website contents and data that does not rely on the Services. Content and data stored can be impacted by technical issues, data corruption, and malicious activity, among other situations. At this time, Lightning Base sends backups offsite nightly, retaining these backups for 30 days. This backup policy may be changed at any time, and these backups do not in any way represent a guarantee of the integrity of client data.
Lightning Base will take commercially reasonable measures to secure and protect server contents. You acknowledge that Lightning Base is not responsible for loss or harm caused to you by a security incident impacting the Lightning Base Services. In the event of a security incident impacting Lightning Base Services, we agree to notify you as soon as reasonably practicable after we have investigated the unauthorized access and fulfilled our legal obligations. You are solely responsible for the security of your individual website.
You shall be solely responsible and liable for the contents of your website. You will take reasonable measures to ensure illegal, inappropraite, or harmful content does not exist on your website. Lightning Base does not directly manage or exercise editorial control over website content. Compliance with applicable privacy and personal data protection requirements in relation to content stored by your website are your responsibility.
Lightning Base does not allow the storage of any content that may violate legal standards, involves gambling on the hosted website, is primarily pornographic in nature, is designed to incite hate or violence, contains are malicious or harmful computer code, or is designed to cause harm to the Service or to visitors or others systems on the Internet. This list is not comprehensive and Lightning Base reserves the right to remove any website or content that it deems inappropriate for the Services. Lightning Base will not be held responsible for any harm caused by the removal of content from its Services and may immediately terminate this Agreement on discovery of prohibited content.
5. Warranties
Each Party represents and warrants that (i) it has the power, authority, and legal right to enter into the Agreement and perform the obligations and grant the licenses set out herein; and (ii) it will comply with all laws and regulations applicable to its performance under the Agreement.
The Services offered by Lightning Base are being provided on an “AS IS” basis and Lightning Base expressly disclaims any and all warranties, whether express or implied. Lightning Base does not warrant that the services will be complete, uninterrupted, timely, secure, error-free, or will meet customer’s requirements.
In no event will either party or its representatives be liable for any indirect, incidental, special, punitive, consequential, or exemplary damages, including without limitation damages for loss of profits, revenues, customers, opportunities, goodwill, use, data, or customer content, any business interruption, or replacement services, even if advised of the possibility of such damages and however caused.
In no event will either party’s or its representatives’ aggregate liability arising out of or relating to this agreement exceed the amount of fees paid by customer to Lgihtning Base under the applicable order during the twelve months immediately preceding the first incident out of which the liability arose.
The foregoing limitations shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Service or Your use of Lightning Base or its Services offered.