Terms of Service

Last updated: April 18, 2022

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.

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 are responsible for charges incurred under your account according to the rates specified at https://portal.lancium.com/about/pricing or, if applicable, a separately negotiated pricing structure. You will be billed monthly for incurred charges.

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.