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Terms And Conditions Last update: Mar 3, 2006
1. General
This agreement explains the terms and conditions governing your use of services made available to you from IT Lab, Inc., hereinafter called IT Lab, GlobalWeb or "We". It represents the complete agreement and understanding between IT Lab, Inc and the individual or organization who subscribes to the Service hereinafter called Member or "You". PLEASE READ THIS AGREEMENT CAREFULLY. By submitting your account application, you agree to comply with all of the Terms and Conditions set out in this agreement. IT Lab may terminate user accounts at any time, without notice for conduct that violates this agreement, or for any other reasons, and may terminate Member accounts and delete any and all Member information for conduct that IT Lab believes is harmful to the business of IT Lab, or any of its Members, or other party(s). IT Lab reserves the right to modify this agreement at any time, effective upon posting of the modified agreement to this URL. Members are responsible to read this document from time to time to ensure that their use of the service remains in compliance with this agreement. 2. Service
IT Lab provides free and commercial web hosting and email services to all customers for a lifetime. Members who have IT Lab, GlobalWeb service and found not complying with any of the Terms and Conditions posted here are subjected to be removed without any prior notice without any chargeback rights, they have the option to re-register the service (upon GlobalWeb agreement). Re-activation service charges will apply. Services are provided on the basis of service, facility and equipment availability. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason whatsoever. 3. Services Fees/Charges
Fees are due at the time of registration and are non-refundable. For use of the IT Lab Service all fees and charges related to an account must be paid in full. In the event that Members exceed their transfer limit, quotas or any of the services IT Lab, GlobalWeb provides, they have to upgrade to any of the advanced packages. In the case that upgrade is requested from IT Lab and payment cannot be successfully processed, the requested upgrade will be declined and Member's account will be cancelled. IT Lab strictly enforces a zero tolerance policy for SPAM (unsolicited commercial email). Accounts that have violated our SPAM policies will be immediately suspended from our service. Exceptional situations may permit Members to continue using IT Lab Service however service charges will apply. Current service charges for commercial web hosting packages include (but not limited to) fees for:
IT Lab reserves the right to modify service fees and rates effective upon posting on the IT Lab website and/or on this agreement. All fees are quoted and billed in US dollars unless otherwise noted. 4. Payment/Invoices
IT Lab uses an automated payment processing system offered by 2CO. Billing inquiries and disputes should be brought to our attention within 30 days of the invoice date. Failure to do so will be deemed to be an admission that the entire contents of the invoice are accurate. 5. Chargebacks/Charge Disputes
Billing questions or problems should be directed to us and 2CO and should not be investigated through credit card issuing financial institutions. In the case that chargeback or charge dispute notices are received for Member account(s), any IT Lab Services provided to Member may be immediately suspended pending further investigation and subject to chargeback service charges. 6. Your Responsibilities
Members are responsible for maintaining accurate account information at all times including credit card and contact information. Such information can be updated by Members by email. Access to GlobalWeb accounts and is gained via the GlobalWeb Member ID and password. Members are responsible for keeping their Member ID and password secure and are advised not to share that information with other individuals. Members are responsible for payment of all purchases made for their account including those made under unauthorized account entry. You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, consuming excessive amounts of memory, CPU or bandwidth usage. The following is a non-exclusive list of content and behaviors prohibited by the IT Lab Service:
You agree that you will not (and you will not allow any third party to) partake in the following actions: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any IT Lab Service, Solution or Technology; individual passwording of Member Sites (or pages contained therein). 7. Service Interruption
IT Lab, GlobalWeb suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves. Members agree that it may be necessary for us to temporarily suspend our Service for technical reasons or to maintain our network, equipment or facilities. IT Lab, GlobalWeb will not bear any liability whatsoever for any such disruption to Service. 8. Limitation of Liability
The Service is provided on an "as is" and "as available" basis and use of the Service is at Members’ own risk. IT Lab, GlobalWeb makes no representations or warranties, either expressed or implied, with respect to the Service or any service or information provided through the Service. It is Members’ responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information of the Service. The respective directors, officers and employees (collectively, in this paragraph, "IT Lab, IT Lab, Inc., IT Lab, GlobalWeb or GlobalWeb"), are not responsible or liable to you or third parties for any claim, loss, damages, liability or expenses you or others may suffer or incur as a result of, arising out of, or in any way connected with the Service, any use of it or interruption in it, or IT Lab equipment, whether through act or omission, negligence or otherwise. Without limitation, IT Lab is not liable for any incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if IT Lab has been advised of the possibility of such claim, loss, damages, liability or expenses by you or others. You assume all responsibility and liability with respect to mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance. The limitations on liability contained in this Agreement will survive the termination of this Agreement. Your Indemnification of IT Lab, Inc. You shall indemnify and hold IT Lab and its directors, officers and employees harmless against all claims, loss, damages, liability or expenses that we may suffer or incur, directly or indirectly, arising out of, resulting from or in connection with your use of the Service. Indemnification includes, but is not limited to, claims by third parties, the installation, presence, maintenance, and removal of any and all equipment, the violation by you of the Agreement in force from time to time, and legal fees, disbursements and all other reasonable costs incurred by IT Lab in connection with any legal, collection or other proceedings brought by us against you related to this Agreement. 9. Force Majeure
IT Lab will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay of service provisioning. 10. Governing Law
The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the Arabic Republic of Egypt. You may be subject to other local, provincial or state and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Arabic Republic of Egypt for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets. 11. Waiver
No waiver of any of the provisions of these Terms and Conditions will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby. 12. Entire Agreement
These Terms and Conditions represent the complete Agreement and understanding between us with respect to the IT Lab Service and supercedes any other written or oral agreement. |
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