TERMS OF SERVICE

  • Tuesday, 1st January, 2013
  • 17:00pm

TERMS OF SERVICE

Lebanese For Advanced Information Technologies SARL

LFAIT / MFAIT

These Terms of Service govern the purchase, access, renewal, and use of services provided by Lebanese For Advanced Information Technologies SARL and its applicable brands, including LFAIT and MFAIT.

By ordering, purchasing, paying for, accessing, renewing, or using any Service, you acknowledge that you have read, understood, and agreed to these Terms of Service and the separately published Acceptable Use Policy.


1. Definitions

For purposes of these Terms:

“Company,” “LFAIT,” “we,” “us,” or “our” means Lebanese For Advanced Information Technologies SARL and its applicable brands, including LFAIT and MFAIT.

“Customer,” “you,” or “your” means the individual, company, organization, reseller, or other entity purchasing, accessing, or using the Services.

“Services” include dedicated servers, virtual servers, cloud services, hosting, colocation-related services, networking, IP transit, bandwidth, IP addresses, storage, security services, DDoS protection, software, licenses, technical support, trial services, and any other service supplied by LFAIT.

“Customer Content” means all data, files, applications, databases, websites, streams, media, software, messages, configurations, or other material uploaded, stored, processed, transmitted, or distributed through the Services.

“Customer Users” means the Customer's employees, contractors, administrators, customers, subscribers, resellers, end-users, or any other person obtaining access to the Services directly or indirectly through the Customer.

“Upstream Provider” includes any data center, carrier, transit provider, network operator, cloud provider, IP provider, software licensor, domain provider, payment provider, or other third party used by LFAIT in delivering the Services.

“Support System” means LFAIT's official billing, ticketing, support, and other officially designated communication channels.


2. Acceptance of Terms

By placing an order, paying an invoice, activating a Service, renewing a Service, signing an agreement with LFAIT, or accessing or using the Services, you agree to be bound by these Terms.

If you accept these Terms on behalf of a company or organization, you represent that you have authority to bind that organization.

If you do not agree to these Terms, you must not order or use the Services.

Service-specific agreements, quotations, order forms, invoices, Service Level Agreements, the Acceptable Use Policy, Privacy Policy, and other expressly incorporated policies may contain additional conditions.

Where a specifically negotiated written agreement expressly conflicts with these general Terms, the specifically negotiated provision will apply to the extent of that conflict.


3. Orders, Acceptance, and Right to Refuse Service

Receiving an automated invoice, payment confirmation, order confirmation, or electronic receipt does not by itself constitute final acceptance of an order.

LFAIT may, where permitted by law, accept, reject, cancel, limit, or request additional verification for an order where we reasonably identify:

  • suspected fraud;
  • identity inconsistencies;
  • unusual payment activity;
  • sanctions or compliance concerns;
  • previous abuse;
  • previous unpaid balances;
  • chargeback history;
  • security or operational risk;
  • inaccurate information; or
  • other circumstances reasonably affecting our ability to provide the Service.

We may request additional information before provisioning or continuing a Service.


4. Customer Identification, Verification, and KYC

Customers may be required to verify their email address, telephone number, identity, address, business registration, payment information, beneficial ownership, or other information reasonably required for security, fraud prevention, compliance, or risk management.

Customers must provide accurate and current information.

Providing false, misleading, forged, stolen, incomplete, or materially inaccurate information may result in rejection, suspension, or termination.

LFAIT may require additional verification at any time, including after activation, particularly in connection with suspicious activity, abuse, payment disputes, unusual usage, or legal requests.

Failure to complete requested verification within the specified or otherwise reasonable period may result in suspension or termination.


5. Customer Contact Information

The Customer must maintain valid and regularly monitored:

  • email information;
  • telephone information;
  • billing contacts; and
  • technical or abuse contacts where applicable.

The Customer is responsible for keeping account information current.

Notices sent to registered Customer contact information may be considered delivered when transmitted by our systems, subject to applicable law.


6. Service Scope and Provisioning

LFAIT will provide Services substantially according to the applicable Service description, quotation, order, invoice, or written agreement.

Service specifications may contain operational limits relating to:

  • bandwidth and traffic;
  • network ports;
  • CPU and memory;
  • storage;
  • IP addresses;
  • power;
  • software licensing;
  • support scope; and
  • other technical resources.

The Customer is responsible for determining whether a Service is suitable for its intended use.


7. Resource Usage, Bandwidth, and Overages

The Customer must comply with the technical and commercial limits associated with its Service.

Where a Service includes metered bandwidth, traffic, storage, IP addresses, power, or another measurable resource, usage exceeding the included allocation may result in additional charges.

Where technically or commercially necessary, LFAIT may:

  • rate-limit traffic;
  • temporarily restrict affected resources;
  • request a Service upgrade;
  • invoice applicable overages; or
  • suspend a resource where continued operation could materially affect the network or other customers.

Any guaranteed bandwidth or performance commitment applies only where expressly stated in writing.


8. Payments and Invoices

Services depend upon timely receipt of payment.

Unless otherwise agreed in writing, recurring Services are invoiced according to their applicable billing cycle.

The Customer is responsible for:

  • all charges associated with the Services;
  • applicable taxes;
  • overage charges;
  • authorized administrative charges;
  • applicable third-party fees; and
  • amounts incurred before termination.

LFAIT may suspend Services for overdue balances after the applicable grace period.

Suspension does not remove the Customer's obligation to pay outstanding amounts.

Where permitted by law, reasonable administrative, processing, collection, or reactivation charges may apply.


9. Cancellation

Cancellation requests must be submitted through the official LFAIT Support System or another cancellation mechanism specifically provided by LFAIT.

Cancellation ordinarily prevents future renewal but does not retroactively cancel charges already incurred.

Cancellation does not create a right to a refund unless expressly stated for the applicable Service, separately agreed in writing, or required by applicable law.

Customers should submit cancellation requests before the applicable renewal date.


10. Refunds, Trials, Payment Disputes, and Chargebacks

Because infrastructure Services may involve immediate provisioning, dedicated hardware, reserved capacity, IP allocation, software licensing, bandwidth commitments, setup costs, or other non-recoverable resources, payments are generally non-refundable once the applicable Service has been provisioned or activated, except where required by law or expressly agreed otherwise.

Payment Disputes

Customers experiencing a billing or Service problem should first contact LFAIT through the Support System and allow a reasonable opportunity for investigation.

A payment dispute or chargeback does not automatically establish that an invoice was invalid.

Where a chargeback or payment reversal creates a reasonable fraud or non-payment risk, LFAIT may temporarily suspend affected Services while investigating.

LFAIT may provide dispute-resolution providers with relevant evidence, including:

  • orders and invoices;
  • acceptance records;
  • login and provisioning records;
  • usage or traffic records;
  • support tickets;
  • customer communications;
  • payment records; and
  • other records reasonably relevant to the dispute.

Fraudulent or abusive chargebacks may result in termination or restriction of future Services where permitted by law.


11. Lawful Use and Acceptable Use Policy

LFAIT supplies infrastructure and technology Services.

The Customer is solely responsible for ensuring that its use of the Services complies with applicable laws, regulations, licensing requirements, contractual obligations, and third-party rights.

All Customers are additionally bound by LFAIT's separately published Acceptable Use Policy.

Violation of the Acceptable Use Policy constitutes a violation of these Terms of Service and may result in restriction, suspension, or termination.


12. Customer Content and Responsibility

The Customer retains responsibility for Customer Content and for applications and services operated through LFAIT infrastructure.

LFAIT does not ordinarily create, select, upload, edit, publish, or control Customer Content.

The Customer remains responsible for activity originating from Customer-controlled servers, virtual machines, applications, scripts, accounts, credentials, APIs, websites, databases, and Customer Users.

The Customer may not avoid contractual responsibility merely because prohibited activity was performed by its own customer, reseller, employee, contractor, end-user, compromised account, automated system, application, or other Customer User.


13. Resellers and End-Users

Customers who resell, share, sublicense, provide, or otherwise make the Services available to third parties remain responsible for compliance with these Terms and the Acceptable Use Policy.

Resellers must maintain reasonable procedures for handling abuse by their end-users.

The contractual relationship between the Customer and its end-user does not restrict LFAIT's right to protect its infrastructure, enforce its policies, or comply with legal and Upstream Provider obligations.


14. Suspension and Termination

LFAIT may suspend, restrict, or terminate a Service where permitted by law if:

  • invoices remain unpaid;
  • the Customer violates these Terms or the Acceptable Use Policy;
  • required verification is not completed;
  • fraudulent activity is reasonably suspected;
  • Customer activity creates a material security, legal, operational, or upstream risk;
  • credible abuse complaints are not adequately addressed;
  • an applicable legal authority requires action; or
  • continued Service would materially threaten LFAIT's infrastructure or ability to provide Services.

Where circumstances reasonably allow, LFAIT may provide notice and an opportunity to remedy a violation.

Prior notice is not required where immediate intervention is reasonably necessary for emergency, security, fraud, serious abuse, legal-compliance, or network-protection purposes.


15. Effect of Suspension or Termination

Suspension or termination does not eliminate payment obligations already incurred.

Unless required by applicable law or agreed otherwise in writing, termination caused by Customer abuse, fraud, unlawful activity, or material breach does not create a right to a refund for the unused portion of a billing period.

LFAIT may require proof of remediation before reactivating a suspended Service.

LFAIT is not obligated to reactivate Services following serious or repeated abuse.


16. Customer Data Following Suspension or Termination

Following termination, expiration, or extended suspension, Customer Content may become inaccessible and may be deleted according to LFAIT's operational and retention procedures, subject to applicable law and any separately contracted retention obligation.

Customers should not use LFAIT infrastructure as the only copy of critical data.

LFAIT does not guarantee recovery of data after termination unless a specific backup or retention service has been contracted.


17. Backups and Data Loss

Unless a paid backup product or written agreement explicitly provides otherwise, the Customer is solely responsible for maintaining backups.

Even where LFAIT provides backup functionality, Customers should maintain an independent backup appropriate to the importance of their data.

To the maximum extent permitted by law, LFAIT is not responsible for data loss resulting from Customer actions, configuration errors, compromised credentials, Customer software, malicious third parties, unsupported applications, hardware failure, upstream failure, corruption, ransomware, abuse enforcement, or circumstances outside LFAIT's reasonable control.


18. Law Enforcement and Legal Requests

LFAIT may respond to lawful orders and legally binding requests from competent governmental, judicial, regulatory, or law-enforcement authorities as required by applicable law.

Where legally permitted and operationally appropriate, LFAIT may notify the affected Customer.

LFAIT may preserve relevant information where reasonably necessary to comply with lawful preservation obligations.


19. Logs, Technical Records, and Evidence

LFAIT may maintain operational records reasonably necessary for Service delivery, security, fraud prevention, abuse investigation, billing, network management, troubleshooting, dispute resolution, and legal compliance.

Depending on the Service, records may include:

  • authentication events;
  • administrative login IPs;
  • provisioning records;
  • bandwidth measurements;
  • network events;
  • system alerts;
  • abuse notices;
  • support communications;
  • payment records; and
  • other operational metadata.

Such records may be used as supporting evidence in billing, abuse, fraud, security, or contractual disputes.


20. Account Credentials

The Customer is responsible for protecting its account credentials, passwords, keys, tokens, and administrative access.

The Customer must promptly notify LFAIT after discovering or reasonably suspecting compromised credentials or unauthorized account access.

Activity performed using valid Customer credentials may be treated as Customer account activity unless the circumstances reasonably indicate otherwise.

LFAIT may temporarily restrict access where account compromise is reasonably suspected.


21. Service Availability and Maintenance

LFAIT may perform maintenance, upgrades, migrations, security updates, equipment replacement, network changes, or emergency work affecting availability.

Where practical, planned maintenance may be announced in advance. Emergency maintenance may occur without advance notice.

Unless a written Service Level Agreement expressly states otherwise, no specific uptime level, latency, throughput, packet-loss threshold, repair time, or service credit is guaranteed.


22. Free, Trial, Promotional, or Evaluation Services

Free, trial, promotional, or evaluation Services may be subject to additional limitations.

LFAIT may restrict repeated trial registrations, trial abuse, multiple accounts intended to obtain duplicate promotions, or use inconsistent with the purpose of a trial.

No Service Level Agreement applies to free or trial Services unless expressly stated.


23. Software, Licenses, Portals, and APIs

Where Services include software, scripts, management portals, APIs, license keys, or proprietary tools, the Customer receives only the rights expressly granted for the duration of the applicable Service.

Unless expressly permitted, Customers may not resell licenses, reverse-engineer proprietary systems, share license keys, bypass licensing restrictions, copy proprietary software, interfere with portals, or obtain unauthorized access to internal systems.


24. Confidentiality

Each party should use reasonable care to protect confidential information received from the other party and use it only for legitimate purposes relating to the Services.

This obligation does not apply to information that is publicly available without breach, already lawfully known, independently developed, lawfully obtained from another source, or required to be disclosed by applicable law.

This section does not replace any separately executed NDA.


25. Privacy and Data Protection

Each party is responsible for complying with data-protection and privacy laws applicable to its own processing activities.

The Customer is responsible for establishing a lawful basis for personal information collected, stored, transmitted, or processed through its Services.

Where a separate Data Processing Agreement is required, the parties may enter into one where appropriate.


26. Warranty Disclaimer

To the maximum extent permitted by applicable law, Services are provided on an “AS IS” and “AS AVAILABLE” basis.

Except for obligations expressly agreed in writing, LFAIT disclaims warranties, whether express, implied, or statutory, including warranties relating to merchantability, fitness for a particular purpose, non-infringement, uninterrupted operation, error-free operation, and suitability for a particular Customer application.


27. Limitation of Liability

To the maximum extent permitted by applicable law, LFAIT will not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, revenue, business, opportunity, goodwill, reputation, Customer Content, or business interruption.

To the maximum extent permitted by applicable law, where liability cannot otherwise be excluded, LFAIT's aggregate liability arising from the affected Service will not exceed the amount paid by the Customer to LFAIT for that affected Service during the 30 days immediately preceding the event giving rise to the claim.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.


28. Indemnification

To the maximum extent permitted by applicable law, the Customer agrees to indemnify and hold harmless LFAIT and its directors, officers, employees, contractors, affiliates, and applicable service partners from third-party claims, liabilities, losses, damages, penalties, and reasonable legal costs arising from Customer Content, unlawful use of the Services, infringement of third-party rights, violation of these Terms or the Acceptable Use Policy, Customer Users, unauthorized broadcasting or media distribution, fraud, malicious activity, or breach of applicable law attributable to the Customer.


29. Third-Party and Upstream Failures

LFAIT may rely upon third-party infrastructure and services.

To the extent permitted by law and subject to any applicable SLA, LFAIT is not responsible for interruptions or failures resulting from circumstances outside its reasonable control, including failures affecting carriers, upstream networks, utilities, data centers, Internet exchanges, cloud providers, domain registries, software vendors, license providers, or payment processors.


30. Force Majeure

Neither party will be responsible for failure or delay caused by circumstances beyond its reasonable control, subject to applicable law.

Such circumstances may include natural disasters, war, terrorism, civil unrest, widespread Internet disruption, government action, sanctions, major cyberattacks, utility or telecommunications failures, fire, flood, earthquake, labor disruption, epidemic, pandemic, or failure of critical third-party infrastructure.

Payment obligations already accrued are not automatically cancelled by a force majeure event.


31. No Waiver and Severability

Failure by LFAIT to enforce a provision on one occasion does not constitute a waiver of that provision or future enforcement.

If a provision is determined to be invalid, unlawful, or unenforceable, the remaining provisions will remain effective to the maximum extent permitted by law.


32. Assignment

The Customer may not assign or transfer its contractual rights or obligations without LFAIT's prior written consent where such consent is legally permitted to be required.

LFAIT may assign these Terms in connection with a corporate restructuring, merger, acquisition, transfer of business, or transfer to an affiliate, subject to applicable law.


33. Changes to Services and Terms

LFAIT may modify technical aspects of the Services where reasonably required for security, network stability, vendor changes, software or hardware lifecycle, upstream changes, legal compliance, or operational improvement.

LFAIT may update these Terms from time to time. The current version will be published on the LFAIT website with an updated revision date.

Where required by law or contract, material changes will be communicated using an appropriate method.


34. Governing Law and Jurisdiction

These Terms shall be governed by the applicable laws of Lebanon, without regard to conflict-of-law principles, except where mandatory laws require otherwise.

Subject to mandatory consumer-protection, jurisdictional, or other applicable legal requirements, disputes arising from or relating to these Terms shall be submitted to the competent courts of Beirut, Lebanon.


35. Entire Agreement and Priority of Documents

These Terms, together with applicable order forms, quotations, invoices, Service descriptions, signed agreements, Service Level Agreements, the Acceptable Use Policy, Privacy Policy, Data Processing Agreements, and other policies expressly incorporated by reference constitute the agreement between LFAIT and the Customer concerning the applicable Services.

In case of conflict, the following priority generally applies:

  1. individually signed written agreement;
  2. Service-specific order form or agreement;
  3. applicable Service Level Agreement;
  4. these Terms of Service;
  5. Acceptable Use and operational policies;
  6. general website descriptions.

36. Contact

Technical and Billing Support

Customers should use the official LFAIT Support System for technical, billing, cancellation, and account-related requests.

https://lfait.com/submitticket.php?step=2&deptid=2

Abuse

[email protected]


Lebanese For Advanced Information Technologies SARL

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