Terms of Service
These Terms of Service (the "Agreement") set forth the terms and conditions of Your Use of hosting and related services ("Services"). In this Agreement "You" and "Your" refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "us" and "our" refer to Lebcloud, sarl. This Agreement explains Our obligations to You, and explains Your obligations to Us for the various services or products offered by Lebcloud (“Services”). When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement.
Modification
You agree that LEBcloud may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes LEBcloud may reasonably make to this Agreement when such changes are made. If You have purchased Services from LEBcloud, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.
Accurate Information
You agree to maintain accurate information by providing updates to Lebcloud, as needed, while You are using the Services. You agree You will notify Lebcloud within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Lebcloud to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Lebcloud has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Lebcloud has the absolute right, in its sole discretion, to terminate its Services and close Your account.
Privacy
Lebcloud 's Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and Lebcloud 's responsibilities with regard to Your personal information. Lebcloud will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that Lebcloud, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. Lebcloud will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to Lebcloud as part of the Services with regard to:
(i) the purposes for which such third party’s personal data has been collected
(ii) the intended recipients or categories of recipients of the third party’s personal data
(iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary
(iv) how the third party can access and, if necessary, rectify the data held about them.
You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to Lebcloud in the future. Lebcloud is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data.
Accepted Use Policy
Lebcloud’s Accepted Use Policy (“AUP”), is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:
1. Not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
2. Not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
3. Not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
4. Not to make, attempt or allow any unauthorized access to Lebcloud website, servers, your own hosting account or the account of any other customers of Lebcloud.
5. Not to allow any remote code execution of malicious software through the hosting account provided by Lebcloud.
6. Not to cause denial of service attacks, port scans or other endangering and invasive procedures against Lebcloud servers and facilities or the servers and facilities of other network hosts or Internet users.
7. Not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
8. Not to use Lebcloud services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
9. Not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
10. Not to engage in or to instigate actions that cause harm to Lebcloud or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc.
11. Not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.
Lebcloud reserves the right to refuse service to anyone upon Our discretion. Any material that in Lebcloud judgment, is either obscene or threatening is strictly prohibited and will be removed from Lebcloud servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Lebcloud will take corrective action upon our own discretion and will notify You. Lebcloud decision in such case is binding and final, and cannot be a subject of a further change. Lebcloud cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Lebcloud or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You have taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Lebcloud will not be liable for any loss or damages in such cases.
At its discretion, Lebcloud can remove any content we determine to be prohibited by this agreement. No backups will be kept of removed content.
Storage and Security
At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to:
(i) prevent any loss or damage to Your server content
(ii) maintain independent archival and backup copies of Your server content
(iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Lebcloud servers
(iv) ensure the confidentiality of Your password. Lebcloud services are not intended to be used for data backup or archiving purposes.
Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and Lebcloud shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Lebcloud are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Lebcloud shall have no liability to You or any other person for Your use of Lebcloud products and/or services in violation of these terms.
Ownership
Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by Lebcloud or its third party partners, and you agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to you, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by Lebcloud and all right, title and interest in and to each such Derivative Work shall automatically vest in Lebcloud. Lebcloud shall have no obligation to grant You any right in any such Derivative Work.
Third-Party Content
If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. LEBcloud has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current LEBcloud policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all service renewals and orders. In the event that an error occurs the account holder must notify LEBcloud immediately of the error. In no event shall LEBcloud be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.
Billing and Payment
All fees for the Services shall be in accordance with Lebcloud 's fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Lebcloud may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due Lebcloud remains unpaid seven (7) days after such payment is due for cloud hosting packages, Lebcloud, in its sole discretion, may immediately terminate this agreement, and/or withhold or suspend Services. There will be a $15.00 fee to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by You.
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Lebcloud will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at Lebcloud 's then current rates.
If you improperly charge back for web hosting services rendered, we may disable the ability to transfer any other your Lebcloud services away from Lebcloud.
Termination & Refund Policy
The initial term of Your agreement with LEBcloud shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with LEBcloud shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.
This agreement may be terminated: (i) by You by submitting a helpdesk ticket under Billing Issues category at least three (3) working days before the account is due to renew; or (ii) by Lebcloud at any time, without prior notice, if, in Lebcloud 's judgment, You are in violation of any terms or conditions herein; or (iii) in Lebcloud 's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon LEBcloud or could disrupt Lebcloud 's business operations; or (iv) by Lebcloud if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and Lebcloud.
In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that Lebcloud may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of Lebcloud.
In the event of termination of this Agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs LEBcloud incurs in closing your account. You agree to pay any and all costs incurred by LEBcloud in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials provided to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, Lebcloud may delete all information related to you on the Services.
Refunds do not apply on any kind of service Lebcloud offers unless we have failed to provide such service.
Customer Support
LEBcloud provides customer support to You at no additional fee for issues related to LEBcloud service only. LEBcloud has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable.
Currency
While all purchases are processed in US dollars, LEBcloud may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, LEBcloud makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.
Limitation of Liability: Waiver and Release
The Services offered by Lebcloud are being provided on an "AS IS" and Lebcloud expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Lebcloud expressly does not warrant that the Lebcloud Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from Lebcloud shall create any warranty not expressly made herein. You agree that Lebcloud will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of Lebcloud; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.
In no event shall Lebcloud be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the Services, even if Lebcloud is aware of or has been advised of the possibility of such damages.
In addition, You specifically acknowledge and agree that any cause of action arising out of or related to Lebcloud or the Services provided by Lebcloud must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
In addition, You specifically acknowledge and agree that in no event shall LEBcloud’s total aggregate liability exceed the total amount paid by You for the particular Services that are the subject of the cause of action.
The foregoing limitations shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Service or Your use of Lebcloud or its Services offered.
No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Lebcloud.
Trademark or Copyright Claims
Lebcloud is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent Lebcloud receives a proper notice of infringement of copyright, trademark or other intellectual property, Lebcloud reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if Lebcloud believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.
Lebcloud expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Lebcloud also reserve the right to terminate an account or subscriber for even one instance of infringement.
Governing Law and Jurisdiction for Disputes
Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Lebanese Republic. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the Lebanese Republic under the mount Lebanon court.
Legal Age
You attest that you are of legal age (18 or over) to enter into this Agreement.
No Agency Relationship
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
Assignment and Resale
Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without LEBcloud's prior express written consent.
Force Majeure
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over LEBcloud, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (10) days in the aggregate, LEBcloud may immediately terminate this Agreement.
Headings
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
