Terms of Use
1. Introduction
The lightapp service is provided for your personal use subject to the following Terms of Use. By registering with the service, you agree that you have read and accepted these terms.
These Terms of Use reflect widely used, common sense practices in using a shared internet service, our customers must observe these rules governing their use of the lightapp service.
A core part of these Terms of Use is the Acceptable Use Policy in Section 7; lightapp users should be aware that their service could be restricted or withdrawn if these Terms of Use are violated.
2. Registering to use the lightapp Service
The registration process will prompt you for data and we ask that you provide this data correctly as it will be used to help us learn how we can improve our service to you.
3. Service Description
lightapp provides you with many elements of a computer environment and is accessed via a web browser. Within the lightapp environment you can run selected applications and save personal files. We will make our best reasonable efforts to deliver any emails you send and maintain all information you store within the service (whether files or email messages). To use the service you need a user account, a Java-enabled web browser and a broadband connection to the internet.
You will not be able to download any other applications for use within the lightapp service, you can only run the pre-loaded applications. If there are other applications you would like to see integrated into our service, please contact us at support@lightapp.com.
Unless we state otherwise, any new services added to lightapp will be subject to these Terms of Use.
4. Changes to the lightapp Service
The lightapp service is evolving, we reserve the right to implement further practices and limits pertaining to the use of the service over time. This includes modifying or discontinuing, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that lightapp shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
5. Privacy Policy
lightapp is committed to protecting your privacy within the constraints of the law in force at the time of usage. Please see the separate Privacy Policy statement. Note: All company communications from us will be sent to you from the address admin@lightapp.com. Support communications from us will come from the address support@lightapp.com. We will never ask for your password.6. International Legal Compliance
As the internet transcends national boundaries, you agree to comply with your local laws and polices in force regarding online conduct and acceptable content. Please remember that copies of visited pages are stored in the web browser’s cache and storage of illegal material may constitute a criminal offence.
7. Acceptable Use
The core tenant of the lightapp service is that you must not interfere with the legitimate use by others of the Internet.
7.1 Illegal Content
lightapp cannot be used to transmit or store any item that is illegal to send or possess. lightapp reserve the right to determine what constitutes "illegal" content even if no breach of English law can be said to have occurred. This may be covered by acts of Parliament dealing with Improper Use of Public Telecommunications System. These items include, but are not limited to:
- Content that is unlawful; offensive, aggravates and/or objectionable to others; racist and/or ethnically objectionable; obscene; libellous; harmful; hateful; harasses; threatens; defames; abusive; vulgar; incites violence;
- Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party unless you have the rights to do so;
- Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
- Content relating to child pornography and exploitation of children under the age of 18;
- Content that allows the procurement of any illegal product or service;
- Content relating to malicious software, including but not limited to computer viruses or any other device files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
7.2 Impersonation
You must not use the lightapp service to impersonate any person or entity. This would include (and is not limited to), for example, forging headers or addresses.
7.3 Spam, advertising and abuse of email
You must not use the lightapp service to participate in the sending of spam (the term now used for unsolicited bulk email). This restriction applies to material which you originate while using the lightapp service as well as any third party material which passes through the lightapp system via your account.
You must not use the lightapp service to transmit any advertising material if the recipient has not either requested such information or otherwise expressed an interest in the material advertised. This includes all forms of solicitation including, but not limited to, advertising and promotional material, spam mail and pyramid schemes.
You must not use the lightapp service to send multiple emails or one large email with the objective to annoy and/or seek revenge on another internet user.
7.4 Denial of Service Attacks
A Denial of Service (DOS) attack is defined as any activity that disrupts an internet service to the detriment of its users or service providers. If you use the lightapp service to instigate a DOS attack this will be treated seriously and your lightapp account will be terminated without any warning.
7.5 Use of lightapp Service
lightapp may only be used by you for lawful purposes. You are responsible for your lightapp account, the data within it and keeping your password confidential. If you realise that someone else has been using your account (without your permission) please email us immediately at support@lightapp.com.
You are allowed to use the lightapp service for personal use only. Commercial use of the service can result in termination without warning. If you wish to discuss commercial use of the service, please contact us at admin@lightapp.com.
If you wish to cancel your access your lightapp account at any time, please contact us at support@lightapp.com.
7.6 Mailing List Subscriptions
You must not subscribe anyone, other than yourself, to a mail list or similar service via the lightapp service without their permission.
7.7 New forms of Internet Abuse
New forms of internet abuse are likely to be found that are not covered by the categories defined in this Terms of Use and the Internet community generally believe them to be abuse of the Internet. When detected in a lightapp account, we will ask you to stop, and normally provide you with 14 days to comply.
Where the new form of abuse impacts our service, or causes a major problem on the Internet, or for any other reason, we reserve the right to ask you to stop immediately. This can be enforced by withdrawing your service and/or closing your account.
7.8 File Sizes
If we deem that the sizes of files you are storing, or attaching to emails, are too large, we reserve the right to not transmit them (in the case of email) or warn you to reduce the amount of information you are storing. lightapp reserve the right to implement further limits pertaining to the use of the service over time.
8. Content Ownership
lightapp does not claim any ownership of the content you store within the lightapp service. You acknowledge that while lightapp does not pre-screen content lightapp has the right (but not the obligation) at their sole discretion to refuse or remove any content that is available via the service which we deem to be inappropriate. You agree that it is your responsibility to evaluate, and bear all risks associated with, the use of any content you choose to store within the service and lightapp absolves all content responsibilities.
9. Investigation & Complaint Process
If you have a complaint about material stored within the lightapp environment, please send an email to abuse@lightapp.com. If you have a complaint about any aspect of the lightapp service, please send an email to complaints@lightapp.com. lightapp cannot guarantee your issue will be dealt with promptly if any other mechanism is used.
lightapp reserve the right to investigate suspected violations of these Terms of Use which may result in an investigation by any external bodies such as the Police. This could involve gathering data from users, the lightapp facilities, other service providers and the complainant.
If such an investigation is required and while it is under investigation, lightapp is within its rights to suspend the suspect account and either temporarily or permanently remove the material involved from the lightapp environment.
lightapp may be bound by current or future legal statutes, such as the Regulatory of Investigatory Powers Act 2000 to access, monitor, store, take copies of, or otherwise deal with the users’ data stored on or transmitted by the service. Without limitation, you expressly authorise lightapp to use personal data and other account information in connection with any such investigation, including disclosure to any third party authority that is considered to possess a legitimate interest in any such investigation or its outcome.
10. Termination
10.1 lightapp Termination
lightapp reserve the right to terminate or restrict your account for any reason, including but not restricted to violation of any of the Terms of Use stated in this document. By accepting these Terms of Use, you agree that termination may occur without prior notice.
10.2 Termination due to Non-Compliant Activity
Where serious transgressions or illegal activities are found occurring within the lightapp service, lightapp is within its rights to inform any relevant authority, including the police. lightapp are within its rights to make any public announcement to say action has been taken, including identification details.
Where you are found at fault, you will be liable for all costs and damages incurred by lightapp in the provision of this service and you will have no compensation in respect of withdrawing your service and/or closing your account.
11. Proprietary Rights
You acknowledge and agree that the lightapp service and any necessary software used in connection with the service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws.
Decompilation, reverse engineering or re-engineering of any nature, or attempting to do so is strictly forbidden.
12. Resale of the Service
You expressly agree not to sell, resell, copy, duplicate, reproduce or exploit any part of the lightapp service, application or documentation. Commercial use of the service can result in termination without warning. If you wish to discuss commercial use of the service, please contact us at admin@lightapp.com.
13. Changes to the Terms of Use
We reserve the right to modify these Terms of Use from time to time without notice as the service continues to evolve; we ask you to review them when new changes are issued.
14. Assignment
We reserve the right to assign this contract at any time whether in whole or in part. You do not have this right but can cancel your contract at any time by contacting us.
15. Jurisdiction
These Terms of Use are governed by English law and under the jurisdiction of English courts.
If any of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the Limitation of Liability and the Disclaimer of Warranties clauses at the end of this document, then the invalid or unenforceable provision will be deemed as having been superseded by a valid, enforceable provision which most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue in effect.
16. Indemnity
You agree to indemnify and hold lightapp, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of your content, your use of the lightapp service, your connection to the service, your violation of the Terms of Use, or your violation of any rights of another.
DISCLAIMER OF WARRANTIES
YOU EXRESSLY UNDERSTAND AND AGREE THAT THE LIGHTAPP SERVICE, SOFTWARE, DOCUMENTATION AND ANY ASSOCIATED MATERIALS ARE PROVIDED ON AN ‘AS IS’ BASIS WITH NO WARRANTIES WHATSOEVER. LIGHTAPP AND THEIR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW WHETHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF (A) MERCHANTABILITY, (B) FIT FOR A PARTICULAR PURPOSE, (C) NON-INFRINGEMENT, (D) RELIABILITY, (E) INTERUPTION OF SERVICE, (F) TIMELINESS, (G) PERFORMANCE OR (H) ERROR FREE. LIGHTAPP DISCLAIM ANY WARRANTIES REGARDING (A) THE SERVICE MEETING YOUR REQUIREMENTS, (B) ANY INFORMATION OR ADVICE OBTAINED THROUGH THE SERVICE, (C) QUALITY OF ANY GOODS, SERVICES, INFORMATION OR OTHER MATERIALS RECEIVED OR PURCHASED THROUGH THE SERVICE, (D) ANY ERRORS WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OBTAINED THROUGH THE USE OF THE LIGHTAPP SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LIGHTAPP WILL IN NO WAY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, OR DAMAGES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, LOSS OF USE, GOODWILL OR ANY OTHER INTANGIBLES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM OR ARISING OUT OF (A) PROCUREMENT COST OF SUBSTITUTE GOODS AND/OR SERVICES, (B) INABILITY OR USE OF THE SERVICE, (C) UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (D) UNAUTHORISED USE, (E) ANY PERFORMANCE OR NON-PERFORMANCE ISSUE RELATING TO THE SERVICE AND (F) ANY OTHER MATTER RELATING TO THE SERVICE.
11 July 2006