1.0 Access to the service
1.1 The Company will provide Internet Access and computer-related services on its data access servers to individual and business Internet Users for a fee, provided the Internet User complies with the terms and conditions set forth in this agreement.
1.2 The Company Services are defined as Internet communications access and information services. These services also include access to software, computing, data, and information services provided by others via the Internet.
1.3 The Company Services include access to some groups containing language or images of subjects intended for adults. Internet Users less than 18 years old must have a parent or legal guardian agree to these conditions to indicate acceptance and knowledge of this.
2.0 Account and Agreement Term
2.1 This Agreement shall remain in effect as long as the Internet User’s account remains open, valid or undeleted on a Company server. The Company or Internet User may cancel this Agreement at any time, for any reason, by providing proper acceptable written notice in accordance with the terms stated herein.
3.0 Account Cancellation Requests
3.1 Cancellation of an account requires at least 30 days’ notice and must be received in writing via fax or email at support@libatech.net.lb. Such requests must be received 30 days prior to the 1st of the month in order to be processed by the beginning of the next accounting cycle.
3.2 All Internet accounts must be paid in full before cancellation is complete.
4.0 Indemnification
4.1 The Internet User acknowledges that the Company makes an honest effort to keep the software, data, and information available on the Company’s servers accurate. The Company has no control over any information, data, or software that is available through the Internet. The Company makes no warranty of any kind, either expressed or implied, regarding the availability, accuracy, or validity of data, software, and information. The use of data, software, or information obtained from or through the Company is always at the risk of the Internet User.
4.2 The Internet User agrees to indemnify and hold Company harmless from any and all liability, loss, claim, damage, cost, or expense of whatever nature, including attorney’s fees, resulting from the Internet User using The Company services or software.
5.0 Fees, Payments and Penalties
5.1 The fees are the current fees published by The Company in its official list price, which may be modified from time to time. Charges or fees associated with canceled, closed or terminating accounts are not prorated. Accounting cycles begin the first of each month.
5.2 All payments shall be due in advance of receiving services. The Company may require, in its sole discretion, the Internet User to post a deposit, prepay estimated monthly fees, or provide other forms of guarantee to ensure the Internet User’s performance under this Agreement.
5.3 Payment is due at the beginning of each billing cycle. Accounts are billed to Internet User credit card or by direct bank draft (domiciliation) that Internet User has provided for this purpose.
5.4 Any unpaid account balance by the beginning of the next accounting cycle shall be delinquent and subject to 1.5% interest per month.
5.5 Accounts that are delinquent may be terminated and deleted.
5.6 In the event an account is put on hold for less than 3 months, a reactivation fee equal to $11.00 is required to remove the hold status.
5.7 The Internet User acknowledges account responsibility until payment is made in full.
5.8 There is a $25.00 service charge for each returned payment.
5.9 The Company will publish a notice of fee increases 10 days before such increases take effect.
6.0 Accounts and Use of Services
6.1 The Internet User agrees to maintain a secure password. Secure passwords are those that are between 6 and 8 characters long; contain upper and lower case letters, and numbers or other characters.
6.2 The Internet User agrees not to use The Company services to make unauthorized attempts to access the computers, accounts, files, systems, and networks of others.
7.0 Net Etiquette
7.1 The Internet User acknowledges proper Internet etiquette will be practiced at all times. The Internet User agrees to use the services provided by The Company as permitted by all applicable laws. The Internet User agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law. All usage by the account holder, such as email, file transfers, advertising, announcements, or postings shall be performed in a considerate, unobtrusive manner that shall not waste or overuse Internet data bandwidth.
8.0 Abuse of Services / Termination
8.1 Usage of The Company resources that disrupts the normal use of the Company servers, other Internet hosts, and/or other Company customers is considered to be an abuse of resources and is grounds for account cancellation. Some examples of system abuse include consuming excessive amounts of memory, bandwidth, and CPU time.
8.2 Depending on the nature and the severity of the abuse, the user may have their account suspended by The Company. Occasionally, unintentional misuse is misinterpreted as intentional misuse. Customers who believe their activity has been misinterpreted may appeal to The Company.
8.3 The Company does not allow the dissemination or storage of any pornographic or like material in any Internet User account. Placing such material in an account for public access is immediate grounds for account cancellation. The Company considers harassment of others via the use of The Company access grounds for account cancellation.
8.4 Any violation of any governmental/Ministry of Telecommunications regulation, violation of any law, failure to comply with any term or provision of this Agreement or engage in any act of fraud by Internet User shall be deemed as a breach of the terms of this Agreement and may cause immediate suspension or termination of this Agreement by Company. Termination shall not, however, relieve Internet Users of obligations incurred prior to the termination.
8.5 In no event will Company be liable to the Internet User for any compensation or reimbursement of damages of any kind.
9.0 Copyrighted and Public Domain Material
9.1 Public Domain materials may be downloaded or uploaded using The Company access. The Internet User accepts all responsibilities and assumes all risks that are associated with the determination of whether or not material obtained via The Company is in the public domain.
9.2 As provided by United States law and by International treaties, copyrighted materials (like, images, text, and software) may not be uploaded using The Company services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed or modified in away.
9.3 Some materials on the Internet and provided by The Company are called “SHAREWARE” or “FREEWARE.” Generally, these materials are copyrighted. The copyright holder often gives limited permission as to the use of these materials. If Internet user chooses to continue using the materials, the copyright holder requests that Internet User registers his usage and may require that Internet User pay a license fee.
10.0 The Company Right Reserved
10.1 The Company reserves the right to refuse service to anyone for any reason.
11.0 Effective Date
11.1 This Agreement becomes effective upon the opening of the Internet User’s new account.
12.0 General
12.1 All obligations of either party which expressly or by their nature survive the expiration or termination of this Agreement shall continue in full force and effect notwithstanding its expiration or termination until they are satisfied in full or by their nature expire.
12.2 Each provision of this Agreement shall be considered severable and if a provision is for any reason held to be invalid, all remaining provisions shall be enforceable in scope, which could be made enforceable by limiting the scope of the provision to preserve enforceability.
12.3 This Agreement and any amendments shall be governed and interpreted under the laws of Lebanon.
12.4 This Agreement and any attachments set forth the entire understanding between the parties and supersede all previous agreements, arrangements, and understandings between the parties, whether verbal or written. No change or modification of any terms or conditions stated will be valid or binding unless made in writing by an authorized representative from each party.
12.5 Internet User shall not have the right to assign this Agreement or any rights hereunder without the prior written consent of the Company.
12.6 All notices shall be in writing and shall be effective when received or if earlier, 5 days after they are sent by e-mail or certified mail.
In witness whereof, the parties have caused this Agreement to be executed by their duly authorized representatives. Until accepted and signed by an official representative of Company at its principal office, this Agreement shall not become effective and shall not constitute a binding contract.