AGREEMENT BETWEEN LbGo.com, INC. ("LbGo") AND USER
1.1 This TERMS OF SERVICE AGREEMENT (the "TOS Agreement") is made and entered into by and between LbGo, Inc. ("LbGo" or "the Site"), with its principal place of business at Lebanon 3120, Suite 200, Chakik Tour, KA and the LbGo Member ("Member" or "you"). By registering to use LbGo's Web hosting services, you agree to be bound by all the terms and conditions set forth below without modification. Please note that different Terms of Service may govern other Chakik Network, Inc. ("ChakikNet") services.
2.1 LbGo is capable of allowing you to use 20MB of free Web space thanks to the sponsorship of our advertisers. Each page that you create is required to carry our advertising HTML, which will load in an advertising banner. These banners will always be limited to one standard-size (468x60) sponsorship banner. The banner advertisements must be located "above the fold" on all LbGo-hosted pages. "Above the fold" is the uppermost viewable area within a browser window consisting of 608x320 pixels, which is approximately the size of a single screen that is visible to browsers without the need for scrolling. Publishers familiar with the advertising standards for on-line media proposed by CASIE should note that "above the fold" adheres to the dimensions of 19x10 units of 32x32 pixels. The requisite banner cannot be moved "below the fold." If the banner is interfering with frames or other features on LbGo-hosted pages, the banner ad may be moved to be in only one of the frames. LbGo also reserves the right to run a text link along with each banner and additional pop-up.
2.2 LbGo makes some pre-installed CGI processes available to Free Hosting members only.
2.3 LbGo maintains the right to disable any CGI script and, if necessary, the Member's account without prior notice if LbGo determines the script presents a security risk or a server upload. LbGo also prohibits the use of any scripts that automatically update a links listing.
2.4 LbGo reserves the right to include traffic generated by all Web sites it hosts in its overall accounting of page views, unique users and other usage measures. This includes providing Web traffic measurement companies with all LbGo-hosted URLs for use in their projection of LbGo and Chakik Net's overall traffic.
2.5 LbGo reserves the right to send Members service e-mails notifying the Member of operational or other changes that may affect or significantly change the current services offered. Please note that Members cannot opt out of such service e-mails because these service e-mails provide information critical for the operation of Members' LbGo Accounts.
2.6 LbGo also reserves the right to communicate with its Members regarding, but not limited to, special promotions, and new services ("Non-Service Communications"), if the Member has previously elected to receive such notifications in the LbGo registration process. Communications may be in the form of e-mail, direct mail. If at any time after registering, a Member elects to discontinue receiving these Non-Service Communications, please follow these steps:
1) You must actually log in to your account.
3.1 This service is provided for both BUSINESSES and Personnal uses. Personal home pages are allowed. LbGo is not responsible for the content of any Web page hosted by LbGo. The opinions and views expressed in the LbGo-hosted Web pages do not necessarily reflect those of LbGo or Chakik Net. The contents of the Web pages hosted on LbGo are not reviewed in any way before they appear on LbGo. As the author of Web pages hosted on LbGo, you take full responsibility for their contents. Do not use the Web space provided by LbGo to provide material that is grossly offensive to the Web community, including, but not limited to, blatant expressions of bigotry, racism, hatred, profanity or for promoting or providing instructional information about illegal activities or promoting physical harm or injury against any group or individual.
3.2 LbGo services shall only be used for lawful purposes. Transmission or solicitation of any material that violates Lebanese - International states or other laws that may apply in this jurisdiction or your local area is prohibited.
3.3 LbGo-hosted pages cannot contain, or provide links to, materials that LbGo, in its sole discretion, may consider illegal or offensive, including, but not limited to:
3.3.1 Copyrighted material not belonging to you--for example, music, images, software or video -- unless you have the prior consent of the copyright owner;
3.3.2 Trademarked material not belonging to you--for example, wordmarks, design marks or a combination thereof -- without prior consent of the trademark owner;
3.3.3 Adult material--pornography, nudity, sex or any other material that would commonly be considered "indecent" or "appealing to the prurient interest;"
3.3.5 Foul language;
3.3.6 Hate-group propaganda;
3.3.7 Mpeg layer two or three ("MP2 or MP3") files;
3.3.8 Mail fraud;
3.3.9 Pyramid or Ponzi schemes;
3.3.10 Insults to other persons or companies, including but not limited to: material that is obscene, threatening, harassing, libelous or in any way a violation of intellectual property laws.
3.4 Members shall not use their LbGo-hosted Web pages to conduct the following activities:
3.4.1 Sell weapons or promote the use thereof;
3.4.2 Send bulk/spam e-mail from a LbGo server, or sending such e-mail with a LbGo-hosted Web site listed as the contact address. Read more about our Spam Policy.
3.4.3 Send mass/spam news postings;
3.4.4 Advertise or distribute software or services that may contribute to news or e-mail spamming;
3.4.5 Host a banner exchange;
3.4.6 Disclose the trade secrets of any other entity or individual;
3.4.7 Use patented materials without the prior consent of the patent owner;
3.4.8 Rent, sell or otherwise distribute LbGo-hosted Web space to third parties;
3.4.9 Host WAREZ, CRACKS and/or SERIALZ on LbGo systems or accounts; or
3.4.10 Conduct any other activities, that LbGo determines, in its sole discretion, to be illegal or an unreasonable drain on system resources.
3.5 It is impermissible to use LbGo servers for the following purposes:
3.5.1 To act as proxies to access other servers including, but not limited to: File Transfer Protocol (FTP) or Hypertext Transfer Protocol (HTTP);
3.5.2 To run any type of server or daemon including, but not limited to, ICQ or FTP;
3.5.3 To launch malicious attacks on other servers including, but not limited to, denial of service attacks, mail bombs, hack attacks, spamming, port scanning or port probing;
3.5.4 To connect directly to external servers using, for example, Internet Relay Chat (IRC), port scanning or any other unauthorized connection;
3.5.5 To open sockets of any kind including but not limited to, ICQ, IRC or FTP;
3.5.6 To provide CGI for any third party;
3.5.7 To act as a file repository or to serve files for other sites; or
3.5.8 To conduct any other activity that LbGo determines, in its sole discretion, to be an improper use of the LbGo servers.
3.6 LbGo reserves the right to terminate your LbGo account or remove any page it determines, in its sole judgment, is in violation of any provision of this TOS Agreement.
4.1 It is illegal to attempt to compromise the security on the LbGo servers by any means, including, but not limited to:
4.1.1 Attempting to gain access to restricted information on LbGo servers;
4.1.2 Attempting to disable, cripple or modify LbGo servers or any service running on a LbGo server; or
4.1.3 Attempting to access information in other LbGo accounts.
4.2 LbGo reserves the right to prosecute any individual attempting to compromise the security of the Site to the fullest extent allowable by federal, state or local law.
5.1 LbGo provides Members with free subdomain name registrations, e.g. http://mycompany.lbgo.com and http://www.mycompany.lbgo.com.
6.1 Member understands that the Internet and other various networking communication mediums are not secure, unless explicitly specified as such, and may be subject to interception or loss. LbGo makes no warranties of any kind, either express, implied or statutory, concerning the data or information available through the LbGo network. LbGo SERVICES ARE PROVIDED ON AN "AS IS" BASIS. LbGo MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:
6.1.1 THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT;
6.1.2 THAT THE LbGo WEB SITE WILL MEET YOUR REQUIREMENTS OR WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR;
6.1.3 THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE LbGo WEB SITE WILL BE AS REPRESENTED BY SELLERS, AVAILABLE FOR SALE AT THE TIME OF SALE, LAWFUL TO SELL OR THAT SELLERS OR BUYERS WILL PERFORM AS PROMISED;
6.1.4 ANY IMPLIED WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE; AND
6.1.5 ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF LbGo.
6.2 TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, LbGo DISCLAIMS ANY AND ALL SUCH WARRANTIES.
7.1 LbGo WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS TOS AGREEMENT, THE SITE, THE INABILITY TO USE THE SITE OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE. LbGo's liability to the Member for actual damages for any cause whatsoever, regardless of the form of the action, will be strictly limited to a maximum of the Fees paid, if any, for the prior twelve (12) months.
7.2 LbGo, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY RESULTING FROM THE USE OF LbGo, CAUSED IN WHOLE OR IN PART BY ITS NEGLIGENCE OR CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING, MAINTAINING OR DELIVERING LbGo SERVICES AND ANY CONTENT FOUND ON LbGo-HOSTED WEB SITES. IN NO EVENT WILL LbGo, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON SUCH CONTENT. LbGo, ITS OFFICERS, DIRECTORS, OWNERS, AGENTS AND EMPLOYEES, SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF ADVISED OF THE POSSIBLILTY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR INABILITY TO USE LbGo.
8.1 Member represents and warrants that the products and/or services it seeks to list and sell on LbGo via its site (the "Member Site"), and any other materials it seeks to place on the Member Site and any Web site linked from such Member Site, complies with all local, state, federal and foreign regulations and laws.
8.2 Member further represents and warrants that the products and/or services it seeks to list and sell on LbGo via the Member Site and any other materials it seeks to place on the Member Site will not violate the rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity, violation of any anti-discriminatory law or regulation, or any other right of any person or entity.
8.3 Member agrees to indemnify and hold Chakik Net, LbGo, its subsidiaries, affiliates, officers, employees and agents, harmless from any liability, loss, claim, demand, damage or cause of actions, including reasonable attorney's fees that may be incurred by Chakik Net and/or LbGo, asserted by any third party due to or arising out of your conduct or use of this service.
11.1 This TOS Agreement supersedes and replaces any written or oral agreements between LbGo and Member. Any failures by LbGo to enforce any provision of this TOS Agreement shall not constitute a waiver of any term hereof.
11.2 If any provision of this TOS Agreement is held invalid or unenforceable, such provision will be struck and the remaining provisions shall be enforced. The unenforceability of any provision in a given jurisdiction shall not render that provision unenforceable in any other jurisdiction.
11.3 The section titles in this TOS Agreement are for convenience only, and have no legal or contractual effect.
11.4 This TOS Agreement shall be governed by and construed in accordance with the laws of the Lebanese country, without giving effect to its conflict of laws rules. Any dispute or controversy arising under or related to this TOS Agreement shall be adjudicated in a court of competent jurisdiction within Lebanon. Member agrees to waive any jurisdiction, venue and inconvenient forum objections to any state or federal court sitting in Lebanon.