Lavabit Inc. (“Lavabit”) offers the following services.
These Terms of Service (the “Agreement”) is a legal binding agreement between you the user (”You”) and Lavabit. References to “we,” “our” and “us” refer to Lavabit, while “you”, “your” and “user” refer to the user. BY USING OUR SERVICES, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
To use many of our Services you need to set up a Lavabit account. You may set up a Lavabit Registered account ("Regular Account"), or a Lavabit Business account ("Business Account").
Regular Accounts are available for individuals only and, not for business customers, organizations, etc. The Regular Account is provided free of charge with a limitation in storage capacity and features, but will not be subject to limited throughput. Lavabit reserves the right to apply other limitations on Regular Accounts. A Regular Account may be terminated by Lavabit if it has been inactive for a period of one year or longer.
A business, organization or individual can create a Business Account. When creating a Business Account, a Business Account Administrator will be created automatically. The Business Account Administrator is responsible for adding and maintaining Business Account Members.
When a User has subscribed for an account in compliance with Lavabit´s instructions, Lavabit provides the User the right to utilize all of our services. The User shall only use our services within the purpose and with the limitations and instructions provided by Lavabit. Lavabit grants you a non-exclusive, non-transferable, non-sublicensable license to install and execute our services only for the purpose of using our services. Certain third party code may be provided with our services. The third-party code is governed by accompanying third-party licenses. Our services and their structure, organization, source code and documentation contain trade secrets of Lavabit. Lavabit is the sole owner of all our services and the software utilized to provide our services and all the related documentation. Our services allow the User to share, send and exchange digital content and data with other people. The User must have all necessary rights to distribute this digital content and data. By using our services you acknowledge that Lavabit has no control over any digital content or data sent through or used with our services and Lavabit can therefore not be held responsible or liable in any way neither for the use, content, storage or throughput of the said digital content and/or data. Lavabit reserves the right in its sole discretion to remove content, end sessions or take any action it deems necessary relating to content that is in violation with applicable laws. Lavabit reserves the right to conduct virus checks and may block certain files from being uploaded, distributed and shared using any of our platforms. The User may not make commercial use of our services, including but not limited to selling or distributing the Software or Service to any third party.
Subscriptions on Regular Accounts and Business Accounts are not automatically renewed when the current subscription period ends. (The default is one year from the creation date) The User can at any time Cancel his Subscription. Lavabit will downgrade the the Regular Account to a disabled state after the Subscription has ended. If the Regular Account contains data at the end of a subscription, all files on the account will be deleted 14 days after the Subscription has ended. The User can at any time Delete or Terminate a Regular Account, and request that all data be deleted from our systems. (We will hold on to backups, even if backups contain data initially deleted by us previously, although this data will not be restored in the case of utilizing said backups.) Contact firstname.lastname@example.org if you want to Cancel or Terminate your account. For Regular Accounts, Lavabit reserves the right to store User data for up to 90 days after the User account has been Terminated. Lavabit has the right to Terminate the User’s account if the User acts in a manner that is not compliant with this Agreement. The User’s data will be deleted immediately on termination of accounts that violate this rule.
The age limit for using services hosted by Lavabit is 13 years. We will delete any information including User accounts and data if we learn that the User is under 13 years of age.
The User shall notify Lavabit about changes such as email address and other matters of importance immediately.
Lavabit may collect and store non-personally identifiable information that resides on your computer. This includes, without limitation,
statistics and performance metrics related to services, with the exception of our VPN service. This information is sent to Lavabit and may be used by
Lavabit without restrictions. If presented with a binding court order from a Norwegian Court, Lavabit will hand over personal user data to Norwegian
authorities in accordance with the court order. Lavabit will notify the User of such events, to the extent permitted by Norwegian law.
To use our services, you’ll need to have a compatible computer or mobile device with Internet access. If you access our services using a wireless data plan on your mobile device, you may incur increased charges from your wireless carrier. You are responsible for paying all wireless charges and for all equipment and other third party services you use to access all of our services. You understand and agree that our services may include certain communications from Lavabit, such as service announcements and administrative messages, and that these communications are considered part of your subscription and you will not be able to opt out of receiving them. The User is responsible for keeping passwords secure. The User is solely responsible and liable for any activity that occurs under his/her username and account. If the User were to lose his/her password for the User’s account, the User may not be able to access his/her data. The User’s username and password is personal and may not be shared with any third party. If Users become aware of any misuse of their account, they must notify Lavabit immediately.
All use of the Lavabit Products and Services shall be in accordance with the principles and objectives as outlined in the Agreement and in accordance with applicable statutory laws and regulations. Regular Accounts with an unlimited subscription plan may use our services for normal individual usage. Although Lavabit does not limit bandwidth or storage on Subscription plans, we reserve the right to limit excessive abuse. The Users total storage and network usage may be deemed excessive if your usage greatly exceeds the average usage of Lavabit customers. As an example, we would define storage consumption over 100GB as excessive and beyond the scope of normal usage. In the event that the User is deemed to have violated this policy, we reserve the right to offer an alternative Lavabit Product or Subscription. Following prior written notification, we reserve the right to terminate the User account and delete User data in such events. You may not trade accounts or any account features. The User cannot share his password with third parties and must store this in a safe manner. You may not use Lavabit Products or Services for any illegal and/or unlawful purposes. You may not store or distribute data on any of our services that in any way violates Norwegian law and regulations, including privacy or copyright laws, and also including child pornography and/or other illegal content. Lavabit may establish or amend general operating practices to ensure availability of our services and to prevent abuse. As a part of these practices, we reserve the right to monitor our systems to identify excessive consumption of storage and network resources and to take such technical and other remedies, as we deem appropriate. Lavabit reserves the right to block access and deny use of our services, delete user data and/or terminate the User account and content if the User in Lavabit’s sole discretion violates this Agreement. Storage and/or distribution of data in violation of this Agreement may be reported to the proper authorities.
UNDER NO CIRCUMSTANCES SHALLL LAVABIT OR ITS SUPPLIERS, RESELLERS OR PARTNERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE OUR SERVICES, THE SOFTWARE OR OUR SERVICES EVEN IF LAVABIT OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF LAVABIT, AND ITS SUPPLIERS, RESELLERS AND PARTNERS ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, BY LAVABIT OVER THE LAST TWELVE (12) MONTHS FOR THE SOFTWARE OR SERVICE. IF THE SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN LAVABIT AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD LAVABIT AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS HARMLESS FROM AND AGAINST ALL CLAIMS, LIABILITIES, LOSSES, EXPENSES, DAMAGES AND COSTS. THE SOFTWARE AND SERVICES AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND SERVICES, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SERVICES, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICES AND SUCH THIRD PARTY SOFTWARE AND SERVICES. The User is solely responsible for the data stored and its content. Lavabit is not responsible in any way for data and its content stored and/or distributed by the User.
Lavabit reserves the right to modify the terms and conditions of the Agreement with 30 (thirty) days notice. Lavabit also reserves the right to cancel, modify, suspend or terminate any of our services, fully or on in part after having notified the User at least 30 (thirty) days preceding the cancellation of the respective service. All notifications of the above mentioned changes will be sent to the User via email.
Lavabit reserves the right to transfer this agreement to a third party. Lavabit will give Users notification of such change. The User will be notified 3 (three) days in advance via email.
This Agreement is governed by and construed in accordance with the laws of Norway. For any legal disputes arising out of this Agreement, jurisdiction falls to the Court of Oslo, Norway.
For questions about any of our services, please contact customer service via email on email@example.com. Lavabit will try to answer all requests within a reasonable time frame.
Phone: +47 784 32 015
Address: Lavabit Inc., Stiklestadveien 3, 7041 Trondheim Norway