Terms of Service
Last Updated - March 16, 2022
These Terms of Service (“TOS” or “Agreement”) are provided by Green Egg Media, Inc. (“we”, “us”, “our”, “GEM”) and govern access to and use of Lampseed Websites (“Product”). They apply to you (“you”, “your”, “User”, “Customer”) as the user of the Product and to all visitors to your Lampseed Website.
By accessing or using the Product, you agree to be bound by the Agreement and other operating rules, policies, and procedures related to the Product and related services. These terms are applicable until you have canceled the use of this Product and no longer have access to your Lampseed Website.
This Product combines done-for-you website setup with managed hosting and ongoing Product platform updates to help you easily establish an online web presence that provides the ability for completely custom development in the future if desired. Your website will be on our Product platform, and as features and functionality are added, modified, or removed over time, you will automatically receive all such features and functionality without any action on your part. In the event that you desire any features or functionality that are not already present in the Product, you may submit a feature request; however, development of custom features for your own instance(s) of the Product will require removing your instance(s) from the platform and signing a separate Work Order as a custom development customer. The ability to remove your instance(s) from the platform and enjoy a complete custom experience is what sets us apart from the many other available platforms. This Product allows you to create your website with confidence today, knowing that if your needs change in the future, you won’t have to start all over to build something truly custom. By using this Product you agree to use it responsibly, legally, and kindly.
At the time of sign up, you will be charged the total amount of the annual service fee for each Product instance (1 instance = 1 unique domain/subdomain). The initial fee includes setup plus one year of service that begins immediately. The date on which you sign up shall become your Annual Renewal Date.
Your Product will auto-renew annually and will be billed to the card on file on the Annual Renewal Date.
Anticipated annual renewal pricing will be provided when you first sign up. In the event that renewal pricing changes before your Annual Renewal Date, you will be notified by email no later than thirty (30) calendar days before your Annual Renewal Date. Renewal pricing is subject to change at any time.
You can change your card on file at any time by contacting your Account Manager. If your payment is declined for any reason you will be contacted via email or phone to resolve the payment issue.
Following a declined payment, you have a Grace Period of five (5) business days from the Annual Renewal Date to update the payment method and successfully pay the Product renewal fee. Failure to pay your renewal fee within this time will result in a suspension of your Product instance and your website will no longer be accessible.
If you fail to bring your account current within the Grace Period, you will enter a Lapse Period for twenty (20) business days after Grace Period ends. During the Lapse Period, your Product instance can be restored by paying the annual renewal fee in full plus an additional restoration fee of $250.
Except in the case of legitimate fraud, in the event that any payment from you to us results in a chargeback, your Product instance will be immediately suspended without a Grace Period and you will enter a Lapse Period for twenty (20) business days. In order to restore your site, your account will need to be brought back into good standing during the Lapse Period by paying the charged back amount in full, plus a $250 restoration fee, plus an administrative fee equivalent to the fees we incurred as a result of the chargeback plus 10%.
If you enter a Lapse Period and fail to timely bring your account current, your Product instance will be terminated and you will lose access to your website, content, files, and all associated data. This action is permanent, and no backup of your website, content, or data will be recoverable.
You may cancel your account at any time.
Upon account cancellation, your Product instance will be terminated and you will lose access to your website, content, files, and all associated data. This action is permanent, and no backup of your website, content, or data will be recoverable.
Due to the concierge nature of our service and our costs to establish and maintain your Product instance we do not offer refunds for any reason, including your failure to cancel before the Annual Renewal Date.
The Product and all Product instances contain proprietary code created by GEM. You may not attempt to reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the Product or any related technology that is not open source.
Payment of your annual service fees for each Product instance grants you a license to use the Product on the Product platform as provided. You may add, remove, and modify your own content through the Product interface; however, you may not directly or indirectly access or change Product code.
In the event that you wish to sell the website you have on the Product, you may do so; however, you are selling only access to the Product instance and not the Product or its code.
We will not provide code exports, backups, or full database exports for any reason.
If you remove your Product instance from the Product platform and become a custom digital services customer, different license terms and restrictions will apply.
You represent to us and unconditionally guarantee that any elements of text, graphics, photos, videos, designs, trademarks, or other artwork furnished to us for inclusion in a Product instance are owned by you, or that you have permission from the rightful owner to use each of these elements. You further represent to us and unconditionally guarantee that any content, media, or other files that you add or store on your Product instance(s) are owned by you, or that you have permission from the rightful owner to use each of these elements. You will hold harmless, protect, and defend GEM and our subcontractors from any claim or suit arising from the use of all such content.
As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please send us notice.
We do not review all content that you use on your Product instance. You are responsible for ensuring that all content displayed on your Product instance is legal, accurate, appropriate, and in compliance with these Terms of Service. Green Egg Media is not responsible for content that does not align with these standards and we reserve the right to terminate your Product instance with or without notice if this Agreement is violated.
The following uses of and behaviors on our Product are strictly forbidden:
Controlled substances - unlawfully selling or distributing controlled substances or related paraphernalia
Defamatory speech or impersonation - slandering or otherwise hurting another person or organization’s reputation including pretending to be a person or organization you are not or have qualifications and certifications that you do not have
We make use of multiple third-party services in order to provide maintenance and support for the Product platform and individual Product instances. Third-party service providers may automatically send data from the Product platform or Product instances to the service provider to alert or inform us of potential problems.
To best serve our customers, we collect data from each Product instance in order to monitor performance, provide support, maintain services, take and retain backups, monitor uptime, and more. You consent that we may store copies of your content, data, and files for these purposes and you grant us a non-exclusive, limited license to all of your content for these specific uses. Don’t worry, you still own your content, and this license allows us only to keep the Product platform and Product instances safe, healthy, and stable. We will not use this data for any other purpose.
We don’t like conflict, but once in a while, disputes arise that need to be resolved. GEM and the Client agree to attempt to resolve any disputes directly. If the parties are unable to resolve such disputes within thirty (30) days, any dispute arising under this Agreement shall be settled in accordance with the expedited procedures set forth in the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules , by a single neutral Arbitrator appointed in accordance with such Rules. The arbitration shall take place in Arapahoe County, Colorado, in the English language and the arbitral decision may be entered in any court with jurisdiction. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
We provide no warranty, express or implied, that the functions of the Product or your individual Product instance will meet your ongoing requirements or that the operation of the Product will be uninterrupted or error-free. We are unable to test all Product features under every possible use case that might exist. You acknowledge that all software will have bugs or show unexpected performance under various conditions that were not foreseen or tested. In no event will we be liable to you or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to use or operate the Product, even if we have been advised of the possibility of such damages.
We will take a full backup of your Product instance, including file system and database, once per week and will retain up to four (4) backups before deleting the oldest backup. We offer this service as a convenience to you; however, your use of the Product is at your sole risk. We shall not be liable for any data loss that might occur from a failure of backups to be taken timely or a failure of backups to be maintained.
You acknowledge that the benefit of all services that we provide are received by you in the State of Colorado.
The language of all parts of the Agreement shall, in all cases, be construed as a whole, according to its fair meaning and not strictly for or against any party.
We sometimes have to change the legal terms under which we provide the Product. When any such changes are made, we will post a revised version of this Agreement. You agree to be bound by this Agreement both now and as amended in the future. We may provide notice of revisions, such as by sending an email notification to the email address listed in your account or by updating the “Last Updated” date at the beginning of this Agreement. Your continued use of the Product after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should terminate use of the Product.