Terms Of Use

LIGHTMESH, INC. ("LIGHTMESH") OWNS AND OPERATES THIS WEBSITE LOCATED AT WWW.LIGHTMESH.COM (THE "WEBSITE"). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE AND ANY CONTENT MADE AVAILABLE THROUGH THE WEBSITE, INCLUDING USERS WHO UPLOAD AND MAKE AVAILABLE ANY MATERIALS THROUGH THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE (INCLUDING USING NETWORK DESIGNS AND MATERIALS MADE AVAILABLE THROUGH THE WEBSITE) AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THE WEBSITE. PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THIS WEBSITE OR ANY OF ITS CONTENT OR SERVICES.

1. The LightMesh Service

The Website facilitates users who have created an account with managing their network configuration data. This includes, but is not limited to, IP Address Management (“IPAM”), Datacenter Transition and other related information.

2. Use of the Website

Key features of the Website include the ability for users to upload and generate content from anywhere. In using the Website you acknowledge and agree that all information, data, text or other materials transmitted to the Website by users, is the sole responsibility of such users ("User Content"). This means that the user and not LightMesh, is entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Website. LightMesh does not control User Content. As such LightMesh does not guarantee the accuracy, integrity or quality of such content and under no circumstances will LightMesh be liable in any way for any materials, including, but not limited to, any use or reliance on User Content.

3. Use Restrictions

In using the Website you shall not (a) copy or distribute any part of this Website (including content of the Website) except to the extent expressly permitted, (b) alter or modify any part of the Website, (c) upload, post, email, transmit or otherwise make available on the Website any material that is unlawful, untrue or misleading, harmful, threatening, abusive, defamatory, obscene, invasive of another's privacy, gives rise to civil liability, or is otherwise objectionable, (d) impersonate any person or entity or misrepresent your affiliation with a person or entity; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website; (f) upload, post, email, transmit or otherwise make available any material that You do not have a right to make available under any law or under a contractual relationship; (g) upload, post, email, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (h) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (i) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; (j) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (k) intentionally or carelessly violate any applicable local, state, national or international law or regulation; (l) collect or store personal data about other users or viewers; or (m) resell the content of the Website, the use of the Website or access to the Website or the content of the Website.

4. LightMesh Access to User Content

Your User Content is not generally visible to LightMesh personnel in your private account although like many online services, a select number of our employees must be able to access User Content for the reasons stated in our Privacy Policy (e.g., when legally required to do so).

5. DISCLAIMER

THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, LIGHTMESH DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. LIGHTMESH SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. LIGHTMESH DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND LIGHTMESH SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.

6. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL LIGHTMESH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE (INCLUDING USER CONTENT AND DESIGNS), (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, USER CONTENT OR DESIGNS, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF LIGHTMESH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

7. INDEMNIFICATION

YOU SHALL INDEMNIFY AND HOLD LIGHTMESH AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF ANY MATERIALS (INCLUDING DESIGNS) SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION ALL INTELLECTUAL PROPERTY RIGHTS).

8. Feedback

If You provide LightMesh with any suggestions, comments or other feedback ("Feedback") relating to the Website or services offered through the Website, LightMesh may use such Feedback in the Website or in any other products or services. Accordingly, You agree that: (a) LightMesh is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to LightMesh, (c) LightMesh (including all of its successors and assigns) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize the Feedback, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from LightMesh or any of the users of the Website.

9. Termination

LightMesh may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with LightMesh (including, without limitation, non-payment of any fees owed in connection with the Website or otherwise owed by You to LightMesh), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by LightMesh in its sole discretion and that LightMesh shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by LightMesh shall be in addition to any and all other rights and remedies that LightMesh may have.

10. Changes

LightMesh may alter, suspend or discontinue this Website at any time and for any reason or no reason but will endeavor to provide notification of this on the homepage of the Website. The Website may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. LightMesh may periodically add or update the information and materials on this Website without notice.

11. Security

Information sent or received over the Internet is generally unsecure and LightMesh cannot and does not make any representation or warranty concerning security of any communication to or from the Web site or any representation or warranty regarding the interception by third parties of personal or other information.

12. Enforcement

If any part of these Terms of Use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of LightMesh to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by LightMesh must be in writing and shall only apply to the specific instance identified in such writing. No waiver by LightMesh of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this Website or Your use of this Website must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

13. Assignment

You may not assign any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without LightMesh’s prior written consent. LightMesh may assign any rights or licenses granted hereunder, at any time without notice.

14. Survival

In addition to Sections 5, 6 and 7, all representations, warranties and conditions made by You in these Terms of Use shall survive the termination of these Terms of Use. Unless otherwise explicitly identified as terminating elsewhere in these terms of use, all licenses granted by You in these terms of use shall survive their termination. All payment obligations incurred by You prior to the termination of these Terms of Use shall survive their termination.

15. Entire Agreement

These Terms of Use, together with the Privacy Policy constitutes the entire agreement between the parties relating to the Website and all related activities.

LAST UPDATE: September 29, 2015