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These terms of service (“Terms”) represent the Terms of Service that govern the relationship between You and Link Datacenter for Data Exchange L.L.C., registration number 101146 (“LDC”). By accessing, or using LDC’s Website, You agree to comply with and be legally bound by these Terms and any other applicable Policies of LDC. These Terms constitute a binding legal agreement between You and LDC. LDC may change these Terms from time to time. Your continued access and use to LDC’s Website constitute Your acceptance of such changes, and such access and use will be subject to the current version of these Terms posted on LDC’s Website at the time of such use. Accordingly, You are advised to regularly check these Terms to view the then-current terms. LDC may notify You by the occurrence of any changes to these Terms. LDC disclaims any liability in the event You shall not receive LDC’s notice. In the event You disagree to these Terms, You are advised to deactivate Your registration as a Client and to stop accessing, or using LDC’s Website. For purposes of these Terms, all the capitalized words hereinafter shall have the meanings as set forth below at the end of these Terms.
1. Registration:
1.1 You have to create an Account on LDC’s Website by filling out an online registration form and accepting these Terms and LDC’s Policies, if any, in order to become a Client of LDC and to be able to subscribe to the Online Service(s) via LDC’s Website, and LDC reserves the right to accept or reject such Account.
1.2 You may need to provide Your Personal Information in order to create Your Account. Upon Your Account is created and LDC accepts Your Account, You become a Client of LDC, and such membership is free of charge.
1.3 Any transaction and payments made between You and LDC shall be recorded under Your Account.
2. LDC’s Online Service(s):
2.1 LDC allows You to Subscribe to the Online Service(s) via LDC’s Website, which means that You only reserve the right to use the Online Service(s) within the Agreed Term, based on the rights granted to You by LDC under these Terms and any other applicable Policies of LDC.
2.2 LDC shall use its highest professional standards in order to provide You with the Online Service(s) twenty-four hours a day and seven days a week.
2.3 LDC shall not be liable towards You in case of Online Service(s) downtime/failure to access the Online Service(s) due to: (a) inaccessibility of LDC’s Website or Online Service(s) as a result of including with no limitation Your equipment malfunctions, Your application errors, Your infrastructure outage; (b) Your failure to execute a milestone required to access any of the Online Service(s); (c) force majeure that include with no limitation cut of electricity or communication, hacking, war, riots, civil commotion, fire, severe weather conditions, strikes, or terrorist attacks.
2.4 In respect of any reasons other than the aforementioned reasons on sub-article (2.3) of these Terms, LDC shall be liable to compensate You as follow, solely in respect of VPS.
Online Service(s) Availability
Credit
99.7 to 100%
0
99.2 to 99.7%
3 days
3. The Rights Granted under the Online Service(s):
You must use the Online Service(s) based on the rights expressly granted under these Terms and LDC’s Policies, which include with no limitation non-sub-license, non-transferable, non-exclusive right. For the sake of clarity, these Terms do not grant you the right to resell the Online Service(s), unless You have signed a reseller agreement with LDC.
4. MIGRATION:
4.1 The migration is a process of transitioning or shifting Your data from an Online Service(s) to another Online Service(s) or to a third party.
4.2 LDC may migrate You to the most up-to-date version of the Online Service(s) that You have subscribed to without notifying You, if available.
4.3 In the event the migration is made by Yourself, You agree to take full responsibility for any and all loss or damage arising from such Migration.
4.4 In the event LDC shall entirely cease to provide any of the Online Service(s) that You have subscribed to before the end of the Agreed Term, LDC will either offer You (a) a new package of such Online Service(s) or (b) another Online Service(s), to migrate to for the remaining period of the Agreed Term. In such case, LDC shall decide, at its sole discretion, either the payment shall be a prorated in-store credit without any payment increase, or a prorated refund as per article (6.7) of these Terms.
4.5 In some cases, the migration made by LDC shall be provided with an extra fee after getting Your prior consent via e-mail, unless otherwise no migration shall be made by LDC with no liability on LDC.
5. REPRESENTATIONS AND WARRANTIES :
5.1 If (a) You are representing Yourself; or (b) You are representing a third party, either corporate person or natural person, You hereby represent and warrant to LDC that:
5.1.1 You have all necessary consents, licenses and approvals in connection with the entry into and performance of Your obligations under these Terms and under LDC’s Policies.
5.1.2 You are above the legal age for using and subscribing to the Online Service(s) in the country where You reside.
5.1.3 In the event You are representing a third party (example Your company), You must be the authorized representative of such third party in order to bind such third party by these Terms and by LDC’s Policies, unless otherwise You shall be fully liable of any consequences that may arise from such misrepresentation.
(a) it is recommended that the Registered E-mail that You use to register Yourself as a Client should be under the domain of the legal entity that You are representing.
5.1.4 You warrant that Your use to LDC’s Website and the performance of Your obligations under these Terms and under LDC’s Policies shall comply with all applicable laws, regulatory requirements, regulations, and You provide Your acceptance of LDC’s right to comply with such laws and regulations, if required and You acknowledges to comply immediately with such applicable laws, regulatory requirements, regulations.
5.1.5 You have all consents and approvals related to Your Content and/or any other data provided by Yourself under these Terms, and You are totally liable to obtain any past, present or future consents, licenses and approvals related to Your Content and/or related to any other data provided by Yourself.
5.2 In respect of LDC’s Website, You hereby represent and warrant that (a) You will not breach these Terms and LDC’s Policies; (b) You will not use LDC’s Website to send to a third party any spam, virus, links or applications designed to get any unauthorized access to a third party’s data without the knowledge of such third party; (c) You will not have an unauthorized access to any account owned by a third party on LDC’s Website, or to any other part in LDC’s Website that You are not authorized to access; (d) You will not circumventing, disabling or otherwise interfering with security-related features of LDC’s Website or any system resources, services or networks connected to or accessible through LDC’s Website; (e) You will not use LDC’s Website in connection with any unlawful, illegal, fraudulent activity, and/or Inappropriate Content; (f) You will not contact any of LDC’s clients or vendors for the purpose of making a private arrangement that would otherwise be made using LDC’s Website; (g) You will not do any action that may mislead or confuse others while using LDC’s Website; (h) You will not utilize any data mining, robots, or similar data gathering and extraction methods; (i) You will not violate the intellectual property of LDC and/or third party; (j) You will not interrupt, attempt to modify, change, or alter LDC’s Website.
5.3 In respect of Your Content and Personal Information, You hereby represent and warranty that (a) You will not breach these Terms and LDC’s Policies; (b) You have all necessary rights, title, power and authority to own, operate, use or provide such Content and Personal information, without any liability on LDC; (c) Your Content and Personal Information are true, accurate and You are not misrepresenting other; (d) You will update LDC by any changes that may occur to Your Personal Information; (e) Your Content will not contain any Inappropriate Content; (f) Your Content will not constitute an infringement of any applicable laws, regulations, LDC’s rights or any third party’s rights; and (g) Your Content will not harm LDC and/or any third party.
5.4 LDC reserves the right to provide Your Content and Personal Information to any governmental, security or judicial authority, if requested. LDC will give You, where practicable, prompt notice of the receipt of such requirement in order to permit You to seek to interpose an objection or obtain an order preventing or affecting such disclosure.
5.5 In respect of Your Account, You hereby represent and warrant that (a) You will not breach these Terms and LDC’s Policies; (b) You will not sell, rent, transfer or Sub-license Your Account to a third party; (c) You are responsible for any activity that occur on Your Account; (d) You will keep Your password secure and don’t let any other person use Your username or password; (e) You are responsible of the privacy of Your password and the security of Your account ; and (f) You will notify LDC immediately of any unauthorized access or use to Your Account via Ticketing system “client area → support Ticket → new Ticket →Select Sales Queue”.
5.6 When You Subscribe to an Online Service(s), You hereby represent and warrant that (a) You have chosen the Online Service(s) that suit Your needs ; (b) You shall use the Online Service(s) solely for Your own use and You shall not resell or rent such Online Service(s) to any third party, unless otherwise is expressly indicated; (c) You agree that You will not modify, Reproduce, display, Publish, copy, transmit, perform, license, create derivative works from, transfer, or sell or re-sell any information, software, or item obtained from LDC, except in accordance with these Terms and LDC’s Policies; (d) You cannot cancel a completed purchase order, (a complete purchase order means that the payment is done), without prejudice to (6.7) of these Terms; (e) LDC may provide Your Personal Information and any other details to a third party on a need to know basis and for the purpose of providing You with the Online Service(s) and/or by virtue of law; (f) You will use the Online Service(s) in a manner that will not harm LDC; (g) You will not use the Online Service(s) to send to a third party any spam, virus, links or applications designed to get any unauthorized access to a third party’s data without the knowledge of such third party; and (h) You will not use the Online Service(s) in connection with any unlawful, illegal, fraudulent activity, and/or Inappropriate Content.
5.7 For the avoidance of doubt, You acknowledge that You have no right to access the software code (including object code, intermediate code and source code) of the Online Service(s), either during or after the Agreed Term.
6. Payment Terms :
6.1 LDC shall charge You the total price of the Online Service(s) which is indicated on LDC’s Website in addition to the applicable tax.
6.1.1 In respect of Enom Domain, the price indicated on LDC’s Website is an initial payment (“Initial Payment”), and whin 24 hours, as of the payment of Your Initial Payment, LDC shall provide You via Registered E-mail with the final total price (“Final Price”) of Enom Domain in order to be paid from Your side. In the event You doesn’t pay the aforementioned Final Price within 24 hours as of receiving the e-mail related to the Final Price, LDC shall refund You the Initial Payment and consequently You shall not have the right to use Enom Domain.
6.1.2 In the event You are a company located outside Egypt, the price of .Eg Domain which is indicated on LDC’s Website is an initial payment (“Domain Initial Payment”), and whin 24 hours, as of the payment of Your Domain Initial Payment, LDC shall provide You via Registered E-mail with the final total price (“Domain Final Price”) of .Eg Domain in order to be paid from Your side. In the event You doesn’t pay the aforementioned Domain Final Price within 24 hours as of receiving the e-mail related to the Domain Final Price, LDC shall refund You the Domain Initial Payment and consequently You shall not have the right to use .Eg Domain.
6.2 You shall pay the price of the Online Service(s) in accordance with the currency of the invoice issued by LDC.
6.2.1 You agree to receive invoices electronically (e-invoice), and it will be available on Your Account. In the event You need a physical copy of the electronic invoice please submit a ticket to LDC via LDC ticketing system, then You shall be able to come to collect the physical copy of the electronic invoice from LDC premises on the date specified by LDC.
6.3 You can check all the payment methods that You can use to subscribe to the Online Service(s) when You are checking out from the cart.
6.3.1 If you have any dispute related to such payment method, Your payment, related to such dispute, will be freeze until the dispute is solved.
6.4 LDC reserves the right to increase the price of the Online Service(s), and the new price shall be effective upon it is posted on LDC’s Website. In the event You are renewing Your Agreed Term, the new price of Online Service(s) shall be effective as of the renewal of Your Agreed Term.
6.5 In the event of renewing Your Agreed Term, You will pay the renewal’s due price of the Online Service(s) before the end of Your Agreed Term.
6.6 You agree that LDC charges You the total price of the Online Service(s) in advance at the time of purchase, knowing that all payment made from Your side to LDC is non-refundable, except the payment made by You for Microsoft hosted exchange, website hosting, website builder, VPS and/or professional business email as clarified under sub-article (6.7) below.
6.7 Refund: As an exception to sub-article (6.6) of these Terms, LDC may decide to refund You all or part of the price You paid (the prorated refund will be at LDC sole and absolute discretion), and such refund may apply on the following cases:
(a) any breach made by LDC to these Terms.
(b) as expressly stated by law.
(c) As per sub-article (4.5) of these Terms, in the event LDC ceases to provide the Online Service(s) before the end of the Agreed Term. LDC may offer at its sole and absolute discretion a prorated refund in respect of the remainder of the Agreed Term.
(d) In the event You shall pay the price of the Online Service(s) without providing all the required documents and data that LDC may need in order to provide You the Online Service(s).
(e) In respect of Microsoft hosted exchange, website hosting, website builder, VPS and/or professional business email, You reserve the right to terminate such aforementioned services during the Agreed Term. Consequently, You shall be liable to pay all the due price till the end of the Hosting Month where the termination has occurred, in addition to any other due fees agreed between You and LDC. In the event You have paid any unconsumed amount in advance, LDC shall refund the unconsumed amount that is related to the Hosting Month(s) that comes after the Hosting Month where the termination has occurred, and the Hosting Months hereinafter, if any.
(i) As an exception to the above clause, in the event Your Agreed Term of Your subscription is 1 year, LDC shall deduct the amount of the discount applied when You have subscribed to the aforementioned 1 year subscription, and shall refund the unconsumed amount related to the Hosting Month(s) that comes after the Hosting Month where the termination has occurred, and the Hosting Months hereinafter, if any.
6.7.1 In order to refund You the due price, You are kindly requested to send a refund ticket by using ticketing system “client area → support ticket → new ticket →select support billing queue”. Consequently, LDC shall start the refund processes within 2 Working Days as of receiving Your refund ticket.
(a) To accomplish the refund process, You should fill out a refund form provided by LDC. Once you have filled out and signed/stamped this form, the following clause will apply.
6.7.2 The refund will be made as follow, using the same currency used from Your side while subscribing to the Online Service(s):
(a) In the event You pay the price of the Online Service(s) using credit card “payment done via Arab African International Bank’s dashboard”, the refund shall be made to Your credit card via the Arab African International Bank’s dashboard, regardless of the amount of refund.
(b) In the event You pay the price of the Online Service(s) using pre-paid cards, virtual credit card, accept “aman & masary”, instapay, bank transfer, bank deposit cash or cheque, the refund shall be made to Your side as follow, noting that the means of refund shall be based on the refunded amount:
(i) If the refunded amount is from 0 to 500 EGP, the refund shall be made by LDC in cash from LDC’s premises.
(ii) If the refunded amount is from 500 EGP to 10, 000 EGP, the refund shall be made either in cash or via bank transfer, as per Your request.
(iii) If the refunded amount is above 10,000 EGP, the refund shall be made via bank transfer only.
(c) In the event You pay the price of the Online Service(s) using credit card “payment done via PayMob’s dashboard, the refund shall be made to Your side as follow:
(i) If the refunded amount is from 0 to 500 EGP, the refund shall be made by LDC in cash from LDC’s premises.
(ii) If the refunded amount is from 500 EGP to 10, 000 EGP, the refund shall be made either in cash or via bank transfer, as per Your request.
(iii) If the refunded amount is above 10,000 EGP, the refund shall be made via bank transfer only.
7.Tax:
You are responsible for paying any applicable kind of taxes related to Your subscription to the Online Service(s).
8. Term and Termination
8.1 In respect of the Online Service(s) Subscription
8.1.1 The Agreed Term shall be as follow:
(a) In respect of .Eg Domain, the Agreed Term shall start as of the Effective Date and shall continue for 1 year, 3 years or 5 years.
(b) In respect of Enom Domain, the Agreed Term shall start as of the Effective Date and shall continue for a period of 1 year, 2 years, 3 years, 4 years or 5 years.
(c) In respect of SSL certificate, the Agreed Term shall start as of the Effective Date and shall continue for a period of 1 year, 2 year , 3 years, 4 years or 5 years.
(d) In respect of website hosting and website builder, the Agreed Term shall start as of the Effective Date and shall continue for a period of 1 month, 1 year, 2 years or 3 years.
(e) In respect of VPS, the Agreed Term shall start as of the Effective Date and shall continue for a period of 1 month, 3 months, 6 months or 1 year.
(f) In respect of professional business email,the Agreed Term shall start as of the Effective Date and shall continue for a period of 1 month, 6 months or 1 year.
(g) In respect of Microsoft hosted exchange,the Agreed Term shall start as of the Effective Date and shall continue for a period of 1 year.
(h) In respect of Microsoft Office 365, the Agreed Term shall start as of the Effective Date and shall continue for a period of 3 months, 6 months or 1 year.
8.1.2 Upon You pay the due price of the Online Service(s), LDC shall notify You via the Registered E-mail by the Effective Date of the Online Service(s) and all the required information about such Online Service(s).
8.1.3 Renewal:
8.1.3.1 In respect of.Eg Domain and Enom Domain, before the end of the Agreed Term, LDC shall send You a reminder notification under the form of a financial claim/payment request for the renewal term through Your Registered E-mail as per the following dates:
(a) At first, LDC shall send You a reminder notification 30 days before the end of the Agreed Term.
(b) Second, LDC shall send You a reminder notification 14 days before the end of the Agreed Term.
(c) Third, LDC shall send You a Reminder 7 days before the end of the Agreed Term.
8.1.3.2 In the event You shall not respond to the reminder notification, LDC shall not renew the Agreed Term of such aforementioned Online Service(s) immediately, and the following steps shall occur:
(a) In respect of .Eg Domain, sub-article (12.3.3) of these Terms shall apply.
(b) In respect of Enom Domain, after the end of the Agreed Term”, a grace period shall start, if applicable, then Enom Domain name shall enter into the redemption period and LDC cannot assume neither after how many days it shall enter into redemption nor the duration of redemption.
(for the sake of clarity, not all the Enom Domains include grace period)
(i) During the grace period, You can renew the term of Enom Domain, and its renewal fees shall be as described under the financial claim/payment request(s) sent by LDC to You under the form of renewal reminder.
(ii) During redemption, You can renew the term of Enom Domain name but LDC cannot assume the fees of such renewal.
8.1.3.3 In respect of SSL certificate, after the end of the Agreed Term the SSL certificate shall terminate immediately.
8.1.3.4 In respect of the VPS, website hosting, professional business email before the end of the Agreed Term, LDC shall send You a reminder notification under the form of a financial claim/payment request for the renewal term through Your Registered E-mail as per the following dates:
(a) At first, LDC shall send You a reminder notification 14 days before the end of the Agreed Term.
(b) Then LDC shall send You a reminder notification 7 days before the end of the Agreed Term.
(c) Then LDC shall send You a reminder notification 1 day after the end of the Agreed Term.
(d) Then LDC shall send You a reminder notification 3 days after the end of the Agreed Term.
(e) Then LDC shall send You a reminder notification 4 days after the end of the Agreed Term.
(f) Then LDC shall send You a reminder notification 5 days after the end of the Agreed Term.
8.1.3.5 In respect of the VPS, website hosting, professional business email, the following shall occur: (a) in the event You shall not respond to the aforementioned reminder notifications, LDC shall suspend the aforementioned VPS, website hosting, professional business email upon the end of the Agreed Term; and (b) in the event You shall not respond to the aforementioned reminder notifications during 30 days that come after the end of the Agreed Term, the Online Service(s) shall be terminated.
8.1.3.6 In respect of the website builder, Microsoft hosted exchange and Microsoft Office 365 before the end of the Agreed Term, LDC shall send You a reminder notification under the form of a financial claim/payment request for the renewal term through Your Registered E-mail as per the following dates:
(a) At first, LDC shall send You a reminder notification 14 days before the end of the Agreed Term.
(b) Then LDC shall send You a reminder notification 7 days before the end of the Agreed Term.
(c) In respect of website builder and Microsoft hosted exchange, in the event You shall not respond to the aforementioned reminders, LDC shall suspend the aforementioned website builder and Microsoft hosted exchange upon the end of the Agreed Term. In the event You shall not respond to the aforementioned reminder notifications during 30 days that come after the end of the Agreed Term, the Online Service(s) shall be terminated.
8.1.4.1 Termination for convenience: As a general rule, You shall not have the right to terminate any of the Online Service(s) during the Agreed term.
(a) As an exception, You reserve the right to terminate Microsoft hosted exchange, website builder, website hosting, professional business email, and/or VPS during the Agreed Term, after sending 7 days before the intended termination date.
(b) LDC reserve the right to terminate Microsoft hosted exchange, website hosting, website builder, professional business email and/or VPS during the Agreed Term, after sending 30 days before the intended termination date.
8.1.4.2 Termination for breach by LDC: LDC reserves the right to terminate Your right to use the Online Service(s), without notice, if You breach the rights granted to You under these Terms and under LDC’s Policies without remedying such breach within 5 days as of notifying You. You will be liable to indemnify LDC for any damages incurred by LDC due to such breach and You will stop using such Online Service(s).
(a) Such termination is taken without any liability on LDC and without prejudice to any rights, remedies, or defenses, all of which are expressly reserved.
8.1.5 Effect of Termination/Expiration
8.1.5.1 In respect of Your backup, You shall have the right to take a backup of Your data, document and Content till the termination/expiration date of the Online Service(s), and upon the termination/expiration of the Online Service(s) LDC shall have the right to destroy and deleted all you data, document and Content on the Online Service(s) without the need to notify You or to get Your consent.
(a) In respect of .Eg Domain and Enom Domain, there is no any backup stored by LDC during the Agreed Term.
8.1.5.2 All payments made during the Agreed Term shall be non-refundable, except on certain cases as expressly written on sub-article (6.7) of these Terms shall apply.
(a) for the sake of clarity, in respect of the payment made for the website hosting, website builder, professional business email, VPS and/or Microsoft hosted exchange, sub-article (6.7-(e) of these Terms shall apply.
8.1.5.3 Termination or expiration of any of the Online Service(s) shall not affect any rights or liability accrued between You and LDC prior to the date of termination or expiration and shall not affect any provision under these Terms expressed to survive in the event of termination or expiration, including with no limitation provision of indemnity and limitation of liability, confidentiality.
8.1.5.4 You agree that LDC reserves the right, at its sole discretion, to archive any data or information related to You as long as necessary to LDC, and/or as required by law.
8.1.5.5 In the event You have purchase the Online Service(s) via a Cashback Website, upon termination during the Agreed Term LDC shall deduct from Your dues at LDC the cash back amount You received from such Cashback Website while purchasing the Online Service(s).
(i) In the event Your dues at LDC are insufficient, You shall be liable to pay to LDC the cash back amount You received from the Cashback Website while purchasing the Online Service(s).
8.2 In respect of Your Account Registration
8.2.1 The term of Your Account registration will commence as of the acceptance of Your registration as a Client until either You or LDC deactivate Your registration.
(Your registration as a Client will continue to be active as long as You comply with these Terms, LDC’s Policies, applicable laws and regulations)
8.2.2 LDC reserves the right to suspend and/or deactivate immediately Your registration as a Client on LDC’s Website, without a notice, if (a) You breach these Terms and/or LDC’s Policies without remedying the breach within 5 days as of notifying You ; (b) LDC believes that You or Your Content may cause a harm to LDC or to others, and/or You are using the Online Service(s) in a manner that may create a risk for LDC, give risk to a threat of potential third party claims against LDC, or is potentially damaging to LDC’s reputation; and/or (c) a valid order issued by a governmental, security or judicial authority.
8.2.3 As a result to the aforementioned suspension/deactivation, the Online Service(s) shall be suspended/ deactivated.
8.2.4 Such deactivation or suspension is taken without any liability on LDC and without prejudice to any rights, remedies, or defenses, all of which are expressly reserved.
8.2.5 If You want to deactivate Your registration as a Client, You can send a ticket to LDC via LDC’s ticketing system and such deactivation will take effect after the end of the Agreed Term, unless You terminate earlier Your Online Service(s) as per sub-article (8.1.4) above.
8.2.6 Effect of Deactivation
8.2.6.1 You agree that LDC reserves the right, at its sole discretion, to archive any date or information related to You as long as necessary to LDC, and/or as required by law.
8.2.6.2 Deactivation of Your registration in Your capacity as a Client will not affect any rights or liability accrued between You and LDC prior to the date of deactivation and will not affect any provision under these terms of service expressed to survive in the event of deactivation or suspension.
9. Indemnity and liability
9.1 Indemnifying LDC by You
9.1.1 You agree to defend, indemnify and hold harmless LDC, its employees, directors, agent, licensors, sub-contractors and independent contractor (“Related Parties”) against all damages, liabilities, claims, loss and expenses including with no limitation cost of attorney, in connection with a third party claim against LDC and/or Related Parties, and incurred by LDC and/or Related Parties as a result of
(i) Your breach to these Terms and/or LDC’s Policies;
(ii) violating the rights of LDC;
(iii) Your negligence;
(iv) providing an Inappropriate Content;
(v) any illegal activities occur on Your Account; and/or
(vi) any payment dispute, related to Your breach, with a third party.
9.1.2 LDC shall notify You in writing by the occurrence of claim upon it is raised (provided that a failure or delay in providing such notice will not relieve You from obligations unless otherwise is indicated by law), and You agree to have sole and exclusive control over the defense and settlement of the claim at Your own expense.
9.1.3 You agree to indemnify and hold LDC and/or its Related Parties harmless, against all damages, liabilities, claims, loss and expenses arising out of or in connection with Your breach to any of Your obligations, warranties and/or representations under these Terms of service and/or LDC’s Policies.
9.2 Indemnifying You by LDC
9.2.1 LDC will defend, indemnify, and hold You harmless for any direct damages, including reasonable cost of attorney, in connection with a third-party claim against You, which result from LDC’s breach of the express warranties under these Terms of service and/or LDC’s Policies.
9.2.2 In order to be defended and indemnified by LDC, You:
(a) Shall notify LDC, in writing, by the occurrence of the claim as of You become aware of such claim.
(b) Shall send a notification that includes
(i) a clear description of the claim;
(ii) the name and the contact information of the person and/or entity making the claim;
(iii) copies of any correspondence received and/or sent in connection with the claim. You must send the soft copy of such notification to LDC at OF@linkdatacenter.net and send its hard copy upon LDC’s request.
(c) Agree that LDC shall have sole and exclusive control over the defense and settlement of the claim.
(d) Agree to cooperate with LDC in the defense or settlement of the claim at Your own expense.
(e) are not in breach of these Terms and/or LDC’s Policies.
9.2.3 LDC will not be liable for legal costs including attorney fees and other costs incurred prior to any notice provided from Your side related to the claim for which indemnity is sought.
9.3 You agree to release LDC from any claim, suit, loss, damages, liability in connection with any dispute between You and any third party, and in connection with the Online Service(s).
9.4 Liability
9.4.1 Nothing under these Terms will operate to exclude or limit Your liability and/or LDC liability for:
(a) Death or personal injury caused by a party's gross negligence or willful misconduct.
(b) Any other liability that cannot be excluded by law.
9.4.2 The maximum amount of liability of LDC, and the Related Parties towards You, whether in contract or in tort, shall not exceed the total amount paid by You on the 60 days that come before the occurrence of liability, in respect of the disputed Online Service(s).
(a) In the event the precedent period is less than 60 days, the maximum amount of liability of LDC, and the Related Parties towards You, whether in contract or in tort, shall not exceed the total amount paid by You during the period that comes before the occurrence of liability, in respect of the disputed Online Service(s).
9.4.3 You agree that LDC, and the Related Parties shall not be liable towards You (a) for any conduct, losses and/or damages caused by a third party; (b) for indirect, consequential, incidental, special damage, loss of profit, loss of revenue, loss of opportunity, loss of business, whether in contract, or tort, even if the possibility was reasonably foreseeable; (c) for any unauthorized access or use to Your Account, Your Content or Online Service(s); (d) for any unauthorized alteration made from Your side; (e) for any virus, bugs or any program that can harm Your Account and the Online Service(s); (f) for any damage incurred by You as a result of Your use to LDC’s Website and/or to the Online Service(s); (g) for all implied warranties; (h) for any continued use of the Online Service(s) following notice from LDC, or upon Your knowledge, that such Online Service(s) is subject to a claim of infringement of a third party's right; (i) for any permanent or temporary interruption of the Online Service(s), to the extent permitted by law, unless otherwise provided under these Terms; and/or (j) for combining the Online Service(s) with any third party product, data or business process.
(i) Solely in respect of .Eg Domain, Enom Domain, SSL certificate and Microsoft Office 365, LDC shall not be liable for any loss of data and loss of information.
10. Disclaimers
10.1 LDC shall use its highest professional standards in order to provide You with LDC’s Website and the Online Service(s) twenty-four hours a day and seven days a week, but such availability couldn’t be guaranteed all the time due to the internet interruption, some unscheduled maintenance, uncontrolled technical issue, Force Majeure or for any other reason that may forbidden LDC from providing LDC’s Website and/or Online Service(s) or may suspend Your access to LDC’s Website, and that could happen with or without notice. LDC will do its best to limit such unavailability and will not be liable towards You for any loss that You may suffer as a result of such unavailability.
10.2 LDC reserves the right to modify, totally or partially, LDC’s Website, at any time, for no reason and at LDC sole discretion, without notice, and You will not be entitled to any compensation or other payment upon the modification of LDC’s Website.
10.3 The Online Service(s) is provided to You "as is" without representations, warranties of any kind, either express, implied, or otherwise, including, but not limited to the warranties of merchantability, fitness for a particular purpose, non-infringement.
10.4 LDC makes no representations or warranties that (a) LDC’s Website will be permitted in Your jurisdiction, (b) LDC’s Website will operate without fault; (c) the data, information in LDC’s Website will be accurate, complete and error-free; and/or (d) LDC’s Website will meet Your needs.
10.5 To the maximum extent permitted under the applicable laws, all implied warranties and conditions related to LDC’s Website and to the Online Service(s) are expressly excluded by LDC.
11. Miscellaneous
11.1 Forbidden Working with Sanctioned Countries
11.1.1 If LDC believes in any of the following: (a) You are located in a country that LDC can’t make payments to or from that country; (b) the payment is from or to a person/legal entity located in a country sanctioned by an authority; and/or (c) a risk of loss could be suffered by LDC; LDC reserves the right to suspend and/or deactivate Your Account or refuse to process a payment, without notifying You.
11.1.2 You warrant that (a) You are not located in a sanctioned country; and (b) You will not subscribe to the Online Service(s) using funds sourced from a sanctioned country.
11.2 Assignment
11.2.1 You agree that LDC reserves the right to assign these Terms and/or LDC’s Policies, partially or totally, to any third party by virtue of a prior written notice to You, and Your acceptance to these Terms shall be deemed as an expressed consent to such assignment.
11.2.2 You have not the right to assign these Terms and LDC’s Policies to any third party without LDC’s prior written consent.
11.3 Waiver
Your failure to exercise any obligation or remedy contained under these Terms and/or LDC’s Policies shall not constitute a waiver for such obligation or remedy. None of these Terms and/or LDC’s Policies shall be deemed to have been waived unless such waiver is in writing and signed by LDC.
11.4 Severability
If any provision under these Terms and\or LDC‘s Policies is held by a court or other competent authority to be invalid or unenforceable in whole or in part, such provision will be interpreted or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision, and the validity of the other provisions of these Terms and\or LDC’s Policies shall not be affected.
11.5 Notices
11.5.1 All notices shall be legally effective and enforced when it will be addressed as per the following addresses:
- If You want to communicate with LDC, You can communicate with LDC electronically via contact us,support ticket or contacting Your support agent.
- LDC will communicate with You electronically through Your Registered E-mail that You shall insert in the registration form.
11.5.2 For contractual purposes, You agree that all agreements, notices, disclosures and other communications that LDC provide You electronically satisfy any legal requirement that such notices be in writing, unless You require otherwise based on mandatory applicable laws specifically require a different form of communication.
11.5.3 You agree to notify LDC immediately by any changes that may occur to Your Registered E-mail, unless otherwise all communication and notices sent to the old Registered E-mail will be effective and legally binding as of the receiving date of the e-mail.
11.5.4 It would be better if You save a copy on Your computer or print such notices for Your records as they may not be accessible online later.
11.8.1 You are not allowed to use the Link of LDC’s Website for any purpose, including with no limitation advertising or publicity, without the prior written consent of LDC.
11.8.2 If the Link of LDC’s Website is inserted on Your website or on any third party’s website, LDC doesn’t assume any liability relating to Your website or any third party’s website where the link of LDC’s Website is inserted, and such insertion doesn’t mean that LDC endorses Your website or third party’s website.
11.9 Third Party’s Website
11.9.1 If LDC’s Website contain links of third party’s website, LDC doesn’t assume any liability related to Your access or use to such third party’s websites. Such third party’s website is independent website, its existence on LDC’s website doesn’t mean that LDC endorses or encourages You to open it. The third party’s website has its own Terms of Service that You must abide if You will access and use such third party’s website.
11.9.2 LDC reserves the right, at any time at its sole discretion, to remove such link of third party’s website from LDC’s Website.
11.10 Feedback
11.10.1 You may post Your Feedback on LDC’s Website. You hereby represent and warrant that You will not use a false e-mail address, impersonate any person or entity, or otherwise mislead others.
(a) In respect of Your Feedback, You hereby represent and warranty that (i) You have all necessary rights, title, power and authority to own, operate, use or provide such Feedback; (ii) Your Feedback is true, accurate and You are not misrepresenting other; (iii) Your Feedback will not contain any Inappropriate Content; (iv) Your Feedback will not constitute an infringement of any applicable laws, regulations, LDC’s rights or any third party’s rights; (v) Your Feedback will not harm LDC and/or any third party; (vi) Your Feedback will not contain any form of spam, viruses, or any links or applications designed to get any unauthorized access; and (vii) Your Feedback will not breach these Terms and LDC’s Policies.
11.10.2 You grant LDC a non-exclusive, royalty-free, perpetual, irrevocable, and sublicensable right to use, Reproduce, modify, adapt, Publish, perform, create derivative works from, distribute, make available, translate, Exploit and display such Feedback throughout the world in any media. You grant LDC and LDC’s sub-contractors the right to use the name that You submit in connection with such Feedback.
11.10.3 You agree that LDC reserves the right to remove partially or totally any Feedback provided from Your side to LDC’s Website, and such removal will be at LDC’s sole discretion. The reasons of such removal may include with no limitation
(a) Your Feedback breaches the applicable law, these Terms and/or LDC’s Policies; (b) Your Feedback include any Inappropriate Content; (c) LDC believes that Your Feedback is unauthorized, misleading, incorrect, or breach the rights of others, (d) a valid order issued by a governmental, security or judicial authority, and/or (e) LDC believes that You or Your Feedback may cause a harm to LDC or to others.
11.10.4 LDC reserves the right to provide Your Feedback and Personal Information to any governmental, security or judicial authority, if requested.
11.10.5 You agree to indemnify LDC for all claims brought by a third party against LDC arising out of or in connection with such Feedback except to the extent that any liability arises from LDC failure to properly remove the Feedback when it is notified of the illegal nature of the Feedback arising out of or originating from the Feedback that You have provided to LDC. LDC has the right but not the obligation to monitor and edit or remove such Feedback anytime. LDC takes no responsibility and assumes no liability for any Feedback posted by You or any third party.
11.11 Governing Law and Dispute Resolution
11.11.1 These Terms, its application, execution, meaning and interpretation, shall be governed and construed in accordance with the laws of the Arab Republic of Egypt.
11.11.2 In case of (a) any dispute arising out of or in connection with any contractual obligation related to these Terms, and/or (b) any dispute arising out of or in connection with any non-contractual obligations related to these terms of service, You and LDC will use the best efforts to settle amicably the dispute within one 30 days from the date of receiving a written notification either by You or LDC, in respect of the occurrence of dispute.
11.11.3 In case the amicable settlement fails to settle the dispute, the dispute shall be referred to and finally resolved by Cairo competent courts.
11.11.4 You and LDC agree that the awards/settlements of the court shall be final and legally binding.
11.11.5 LDC reserves the right to modify these Terms at any time in its sole discretion, noting that no changes will apply to any pending legal claims asserted prior to such change.
11.12 The Relationship between You and LDC:
11.12.1 Nothing under these Terms shall create any joint venture, partnership or employment agreement between You and LDC.
11.12.2 Neither You nor LDC can represent each other in front of third parties, unless otherwise is expressly indicated in writing.
11.13 Upon You get notified by LDC to stop using an Online Service(s) that You have purchased its subscription, due to including with no limitation a claim of infringement, violation of third party right, or any other claim for which LDC may be liable, or if LDC removes such Online Service(s) due to a business risk as determined in LDC’s reasonable discretion and gives You notice of such removal, You agree to, at Your own expense, stop using the Online Service(s) immediately and, cease any future use of such Online Service(s). LDC shall provide You with a replacement Online Service(s) (which comparability will be determined by LDC in its reasonable commercial judgment) free of charge and subject to the same Terms of Service of the removed Online Service(s).
12. Additional Terms related to the Online Service(s):
12.1 CPU Overutilization:
12.1.1 In respect of website hosting: In the event You exceed the server CPU limit and memory resources, such overutilization has the potential to disrupt or impede regular service performance for other clients.
Consequently, all Web Hosting plans are bound by predefined CPU limit. In the event You surpass such CPU limit, Your website's speed may slowdown, and LDC reserves the right to (i) suspend Your website upon notifying You, until supplementary resources are allocated upon Your request or until minimizing usage on Your website upon Your request; or (ii) terminate the website hosting if You don’t remedy such breach, without prejudice to any other clause, within 5 days as of notifying You by the occurrence of breach without any liability on LDC.
12.1.2 In respect of VPS: In the event You exceed the server CPU limit and memory resources, such overutilization has the potential to disrupt or impede regular service performance for other clients.
Consequently, In the event You surpass such CPU limit, the speed of Your website/ database/ software/ application may slowdown, and LDC reserves the right to (i) suspend VPS upon notifying You until supplementary resources are allocated upon Your request or until minimizing usage on VPS upon Your request; or (ii) terminate the VPS if You don’t remedy such breach, without prejudice to any other clause, within 5 days as of notifying You by the occurrence of breach without any liability on LDC.
12.2 Overutilization:
In respect of any of the Online Service(s): In the event You exceed the reasonable use of the resources, LDC shall (a) suspend the Online Service(s) upon notifying You until supplementary resources are allocated upon Your request or until minimizing usage on the Online Service(s) upon Your request; or (b) terminate the Online Service(s) if You don’t remedy such breach, without prejudice to any other clause, within 5 days as of notifying You by the occurrence of breach without any liability on LDC.
12.3 In respect of “.Eg Domains”, the following shall apply:
12.3.1 .Eg Domain Registration General Rules: (a) Domain name registration does not give You any legal rights or intellectual property to this name, but it gives You an exclusive license to use the domain name for a specified period.
(b) LDC is not responsible for resolving disputes over the registration of domain names.
(c) LDC is not a party to any legal dispute arising from the content of the domain.
(d) LDC’s acceptance of a request to register a specific domain name does not imply endorsement or support of the documents submitted with the registration request.
(e) The .Eg Domain may not be used in a way that violates values and morals.
(f) The .Eg Domain may not be used in a way that offends countries, cities or legal persons.
(g) The .Eg Domain may not be used in a way that contradicts or offends monotheistic religions, public morals, and the system and custom prevailing in society.
(h) The purpose of registering a domain name may not be to trade it later (sell or rent).
(i) The Egyptian Universities Network reserves the right to cancel the registration of any domain if it finds that You have violated any of the rules, policies and regulations applicable to domain registration.
(j) You are obligated to inform LDC of any changes that may occur to the technical or administrative information related to domain registration, which are included in the registration form.
(k) Registration is done on a first-come, first-served basis, provided that the registration requirements are met.
(L) The domain name can be registered for companies that are already operating or that are still under construction
(m) These policies and rules are subject to review by the network from time to time.
12.3.2 .Eg Domain Registration Eligibility and The Agreed Term:
(a).Eg Domain Registration Eligibility:
(i) Registration is done on a first-come-first-served basis (precedence of request).
(ii) The name can be registered for entities, or companies that do not have a headquarters in the Arab Republic of Egypt, provided that they have an accredited representative or agent inside the Arab Republic of Egypt.
(b).Eg Domain Agreed Term:
The domain name can be registered for a period of 1 year, 2years, 3 years or 5 years, and the fees varied based on the Agreed Term.
12.3.3 .Eg Domain Renewal Term and Grace Period:
(a) .Eg Domain Renewal Rules: The registered domain is not automatically renewed for another year after the end of the agreed Term, unless You notify LDC and pay in advance the dues of the renewed Agreed Term. Otherwise, the rules for the grace period shall apply.
(b) The grace period:
(i) In the event You don’t pay the domain dues, the domain will be suspended after a month has passed from the due date, provided that it is not submitted for registration (the name is not available to others).
(ii) In the event the name is made available for registration (the name is made available to others) without referring to You, a third party can use it after 2 months have passed from the end of the grace period.
12.3.4 Rules for choosing a domain name
(i) The domain name can be registered under the trademark name. In this case, proof of ownership of the entity registering this name or trademark must be submitted, authenticated by the ministry or the relevant authority. It is not permissible to use trademark documents owned by others to reserve a domain in the name of the trademark, even if there is an authorization to use this trademark on behalf of the company requesting registration. However, in this case, it is possible to request registration of the trademark domain for the benefit of the company that owns the trademark, taking into account all the conditions required for registration, and the company to which the power of attorney was issued to use the trademark is considered a representative of the owner company in reserving and registering the name only, not the registrant.
(ii) The domain name can be registered in the name of a product or service provided by the company. In this case, proof of the existence of this product or service must be provided to the company, such as submitting a promotional folder, a picture of the product, or the advertising campaign, or any physical image in any form used to promote the product or the service, with an acknowledgment from the company that the domain name requested to be registered is affiliated with it.
(iii) The domain name to be registered must be taken from the name of the entity or the nature of its work, and proof of this must be provided.
12.3.5 The documents required from Your side in order to complete the registration process are indicated on the .
12.4 In respect of Enom Domains, the Following shall apply:
12.4.1 You provide Your acceptance of LDC’s right to comply with all rules and policies of ENOM and ICANN, if required, and You acknowledge to comply immediately with such rules and policies of ENOM and ICANN, upon LDC’s request.
12.4.2 You agree to be liable of all damages and loss incurred by LDC due to Your breach to the Terms of Service of ENOM and ICANN.
12.4.3 In the event the authorization/license provided by ENOM to LDC is terminated, the provision of Enom Domain shall be terminated automatically, without any liability on LDC towards You.
(a) In the event Enom decides to suspend or terminate the provision of Enom domain to You, such suspension/termination shall be out of LDC control and shall be applied without any liability on LDC towards You.
12.4.4 You must not display the ICANN or ICANN-Accredited Registrar logo or otherwise represent You as accredited by ICANN unless You have written permission from ICANN to do so.
(b) Enom has the right to immediately terminate the provision of Enom Domain to You, without notice or right to cure, in the event that You violate any of Enom and ICANN Terms, or that the use of Enom Domain by You presents an unreasonable risk of harm to Enom.
12.4.5 Restrictions on Use of Enom Domain: In addition to any other right under these Terms, Enom specifically has the right to immediately terminate the provision of Enom Domain to You, without notice or right to cure, in the event that You violate any of the following terms:
(a) The transmission of unsolicited e-mail (spam);
(b) any activity which results in Enom’s IP addresses being reported to spam-blocking organizations or other organizations which attempt to police or monitor abuse of the Internet;
(c) any illegal, dishonest, deceptive, or unfair trade practices;
(d) any use which fails to abide by customary industry acceptable use policies or any applicable laws.
12.4.6 Disclaimer of Warranties. Nothing under these Terms warrants that Enom Domain shall be uninterrupted, error free.
12.4.7 Applicable Laws. You represent and warrant that You will comply with all applicable laws and regulations. Without limiting the generality of the foregoing, You represent and warrant that: (a) You will not act in any fashion or take any action that will render ENOM and/or LDC liable for a violation of any applicable anti-bribery regulation (including without limitation, the U.S. Foreign Corrupt Practices Act and the UK Bribery Act 2010); and (b) You will comply with U.S. laws that prohibit or limit the ability of U.S. persons from directly or indirectly exporting or providing goods or services to certain persons or countries. You shall comply with all U.S. export regulations if shipping to another country, including licensing requirements.
12.4.8 ENOM may request additional requirements in order to provide Enom Domain, and consequently You must comply with such requirement in order to receive Enom Domain.
12.4.9 You are responsible for regularly monitoring e-mail sent to the Registered E-mail in Your Account. You may lose Your rights to the domain name(s) or Your right to receive Enom Domain if You do not respond appropriately and timely to an e-mail sent in conjunction therewith.
12.5 In respect of Microsoft Office 365 and/or Microsoft hosted exchange, the following shall apply:
12.5.1 LDC and Microsoft makes no warranties, representations or conditions, assumes no liability as to items distributed under the name, copyright, trademarks or trade name other then LDC and Microsoft (“External Items”), that may be offered or combined with or incorporated into Microsoft Office 365 and/or Microsoft hosted exchange. To the maximum extent permitted by law, Microsoft and LDC will have no liability in connection with such External Items, unless otherwise agreed in writing between the Parties.
12.5.2 You shall perform Your obligations under these Terms in accordance with the rules and instructions of Microsoft, and You provide Your acceptance to LDC in order to comply with such Microsoft’s rules and instructions, if any.
12.5.3 Microsoft may request a written consent from Yourself in order to renew the provision of Microsoft Service.
12.5.4 shall apply.
12.6 In respect of the VPS and the website hosting the following shall apply:
12.6.1 In the event the VPS/website hosting provided to You is “not managed”, LDC acknowledges it exercises no control whatsoever over Your Content.
12.6.2 In the event the VPS/website hosting provided to You is “managed” and/or “os managed”, LDC shall not amend and/or remove any part of the Content except as expressly agreed between You and LDC in writing, by virtue of law, and/or NTRA’s decision(s).
12.7 Violation
12.7.1 In the event of violating any these Terms, LDC reserves the right, in additions to all rights granted to LDC under these Terms, to
(a) delete, totally or partially, the unauthorized Feedback provided by You on LDC’s Website, which is taken without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved; (b) suspend and/or terminate Your license to access and use LDC’s Website; and/or (c) report You to the competent authorities.
(i) If Your registration as a Client has been suspended, You can ask LDC to activate Your registration upon You provide the following, and LDC reserves its right to accept or reject such activation request:
- The reasons for the suspension.
- The solutions made from Your side in order to avoid any further suspension.
- an acknowledgment issued from Your side stating that You will no longer make any violation/infringement to LDC’s rights and/or third party’s rights.
(ii) If Your registration as a Client has been deactivated by LDC, You will not be able to create any other registration on LDC’s Website.
(iii) LDC reserves the right to pursue any and all remedies available to it as a result of Your violation of any these Terms.
12.7.2 Submitting a Complaint
(a) If You want to submit a complaint related to any violation to these Terms, You must submit a complaint to LDC via of@linkdatacenter.net, and You agree to include the following in Your complaint:
(i) Identification of the work claimed to have been infringed.
(ii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit LDC to locate the material.
(iii) Information reasonably sufficient to permit LDC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(iv) A statement that the information in the notification is accurate.
(v) LDC reserves the right to ask for any further requirements.
(vi) Upon You submit Your complaint to LDC, LDC reserves the right to use, Reproduce, modify, adapt, publish, translate, create derivative works from, and display Your complaint throughout the world in any media.
12.8 Entire Agreement:
These Terms, e-mails send from LDC to You, and LDC’s Policies are considered the entire agreement between You and LDC. The entire agreement governs Your access and use of LDC’s Website and the Online Service(s), and supersede all prior agreements, oral or written, relating to the subject matter hereof.
The word “including” or any variation thereof means “including, without limitation” and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it.
13.2 Definition:
- Account: means an account created by You on LDC’s Website, and it keeps records of all the transactions made between You and LDC on LDC’s Website.
- Agreed Term: means the period of subscription to the Online Service(s) as set forth in article (8) of these Terms.
- Cashback Website(s): means the online platform(s) that reward You with a percentage of Your spending when You make purchases through the cashback website’s affiliate merchants.
- Client: means a natural person who registers himself as a client on LDC’s Website in order to be able to subscribe to the Online Service(s) via LDC’s Website.
- Content: means all data, documents, images or videos that You provide in order to be hosted\inserted on the Online Service(s).
- Effective Date: means the activation date of the related Online Service(s).
- .Eg Domain: means as described under sub-article 12.3 these Terms.
- ENOM: means the authorized reseller of LDC for the Enom Domain.
- Enom Domain: means a top level domain, as described under 12.4 of these Terms.
- Feedback: means any reviews, comment, suggestion, ideas, recommendations, and/or data provided from Your side on LDC’s Website.
- Force Majeure: means acts of God (including fire, flood, storm, hurricane or other natural disaster), war, act of foreign enemies, revolution, military or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout or interruption or any event that is not reasonably foreseeable and beyond the reasonable control of You and/or LDC.
- Hosting Month: means each consecutive 30 days that start as of the Effective Date of the related Online Service(s).
- ICANN: means internet corporation for assigned names and numbers. It is a private, non-government, non-profit corporation with responsibility for internet protocol (IP) address space allocation, protocol parameter assignment, domain name system management and root server system management functions.
- Inappropriate Content: means unlawful content; illegal content; obscene; indecent; pornographic; seditious; offensive; defamatory; threatening; libelous; incite acts of terrorism; blasphemous content; discrimination against individuals based on race, religion, disability, age, gender, nationality or gender identity; incite violence; harassment or bullying; violating the privacy of others; content related to tobacco, weapons, politics and/or gambling services.
- Microsoft” means Microsoft Ireland Operations Limited.
- Microsoft Office 365 means license owned by Microsoft, and LDC resell and provide such Service to You, as described under LDC’s Website.
- Personal Information: mean all information provided from Your side that identify You.
- LDC’s Policies: means privacy policy, intellectual property rights policy, and all terms and regulations issued by LDC and posted on LDC’s Website.
- Online Service(s): means the following services that You subscribe to through LDC’s Website:
VPS (including fully management service, os management service, un-management service)
Website hosting
Website builder
SSl certificate
.Eg Domain
Enom Domain
Microsoft Office 365
Microsoft hosted exchange and/or
Professional business email
- Publish: means any act which is liable to make available to the public, in any manner, the data and/or item, and such manner include with no limitation communicating, exhibiting, sending, supplying, or offering the data and/or item to public.
- Registered E-mail: means the e-mail used by Yourself to create the Account.
- Reproduce: means making one or more exact copies of data and/or item via any medium and by whatever means, in whole or in part, including permanent or temporary storage of the data and/or item in an electronic form.
- Working Day: means a day (other than Friday and Saturday or public holiday) when commercial banks are open for ordinary business in Egypt.
- You: means the Client (hereinafter referred to as “You” or “Your”).
Microsoft Terms of Service
1- You shall be liable to sign the Customer Agreement (Customer Agreement: means an agreement signed between Microsoft and You in connection with Microsoft’s services/licenses, if any.) with Microsoft prior to ordering any Microsoft service/license from LDC. By placing an order by Yourself, You represents and warrants that You have accepted the Customer Agreement. Consequently, in the event You don’t sign the Customer Agreement, or such Customer agreement is terminated with You, You shall not have the right to order any Service.
9- Proof of License: Microsoft may issue license confirmations to You or provide You with access to a secure website with Your licensing information. LDC will only deliver or facilitate the delivery of license confirmations to You who are entitled to receive them under a Customer Agreement. LDC will not change any written confirmation of a license that Microsoft provides to a customer.
2- Microsoft may update the Customer Agreement, then You must accept the new Customer Agreement prior to or at the submission of a subsequent order or the renewal of Your subscription.
10- Microsoft may reject any purchase order for a software offer, in whole or part, within ten (10) days from the receipt of LDC's order. Microsoft will notify LDC if Microsoft rejects any order, consequently LDC shall notify You by such cancellation.
3-Your usage for Microsoft service/license must be consistent with the Customer Agreement.
11-LDC will have sixty (60) days from the purchase order Date to submit any revisions to such purchase order. All revision requests must be accompanied by supporting Your documentation as required by Microsoft and will be subject to Microsoft’s review and approval. Microsoft may, in its sole discretion, decide to charge a handling fee of 5% of the value of any purchase order revision submitted and approved after sixty (60) days.
4- In the event You don’t accept the Customer Agreement, Microsoft reserves the right to suspend the provision of Microsoft service/license, and You shall be liable to Microsoft and\or LDC for any costs and damages incurred by Microsoft and\or LDC as a result of Your failure to accept the Customer Agreement.
12- Microsoft may collect, use, transfer, disclose and otherwise process Your Data, including personal data as described under the Customer Agreement.
5- Microsoft may terminate Your status as a customer at any time. Microsoft will promptly notify LDC of the termination of Your status. Following such notice, LDC will notify You and promptly stop collecting order(s) from your side; Microsoft may refuse to provide Your order(s) submitted after the termination of Your status. LDC will also stop delivery of any program information and materials to the terminated customer. Termination will not affect Your obligation to file the next required order or report, if any. If Microsoft terminates Your subscription, You will not have any claim against Microsoft and\or LDC for damages or lost profits resulting from the termination. LDC will be entitled to invoice You for the Service/license’s order(s) that You ordered before termination.
13- Microsoft reserves the right to unilaterally modify the license/service’s Terms of Service from time to time. Microsoft will provide LDC by such changes in advance, and consequently LDC shall notify You.
6- Microsoft may temporarily disable Your subscription for legal or regulatory reasons or as otherwise permitted under the Customer Agreement. Microsoft will notify LDC of such a disablement as soon as commercially reasonable
14- Microsoft may update, or otherwise modify, the license/service to add new features or functionality at any time.
7- If Your subscription is cancelled by Microsoft before its term expires and during LDC's billing cycle, (i) Microsoft will provide a prorated credit for the un-used pre-paid portion of the canceled subscription in LDC's subsequent invoice, provided that such cancellation is not due to any violation of the terms of the Customer Agreement by You.
15- Microsoft will provide LDC in advance before discontinuing the license/service or removing any existing features or functionality, unless such discontinuance or removal relates to a currency fluctuation event, and consequently LDC shall notify You in advance.
8- Microsoft makes certain service level commitments to You in the SLA. If a Customer makes a claim on the SLA, LDC must promptly escalate the claim to Microsoft for review. Microsoft will review the claim according to the standard SLA review process. Microsoft will then apply any credit due on LDC’s next billing reconciliation report. LDC must then credit You who submitted the SLA claim at least the amount Microsoft has paid LDC for the SLA credit. You are eligible for credits not to exceed the total monthly Subscription estimated retail price.
16- In the event of terminating the authorization provided by Microsoft to LDC in order to resell the license/service to You: (i) Microsoft may continue to provide the license/service to LDC in respect of You with an active Subscription for the shorter of twelve (12) months or the minimum period of required performance by LDC under the applicable customer agreement. (ii) LDC may continue to provide the license/service to You with a binding Customer Agreement for the shorter of twelve (12) months or the minimum period of required performance by LDC under the applicable customer agreement. (iii) LDC and Microsoft will work in good faith to develop and specify options available to existing customers at the end of such period and issue any necessary communication to such customers describing such options.
Documents required for registration under the different subdomains
All data of the registration form on the website (domain.eg) must be completed, and the form must be signed and stamped, with the required documents attached according to the type of domain as follows:
.eg
For government agencies: A letter from the authority stamped with the seal of the eagle.
For government companies: The commercial registry or the tax card, in addition to a letter from the government agency to which it is affiliated, stamped with the seal of the eagle.
For companies inside Egypt:The commercial registry or the tax card, in addition to the ID card of the company’s owner whose name appears on the commercial register or tax card.
For companies outside Egypt: A trademark for the name to be registered, provided that the trademark is registered inside Egypt or that it is registered internationally in accordance with the Madrid Convention on Trademarks with WIPO, and the company has a representative or agent inside Egypt.
For third companies: If the conditions and documents are available for registering any sub-domain, documents for sub-domain registration are submitted in the event that a .eg domain is desired to be registered.
Noting the following in the case of the subdomain (.com):
• No abbreviation of the name mentioned in the commercial register or the use of the first letters of the name is permitted, and the name must be as stated in the commercial register.
• Registration of the name is not permitted if it is only two letters unless there is an Egyptian trademark already registered with the same name. Each case is studied separately to determine the extent to which the domain registration conditions are met.
• Using trademark documents owned by others to reserve a domain in the name of the trademark is not permitted, even if there is a power of attorney to use this trademark in favor of the company requesting registration. However, in this case, registration of the domain for the trademark can be requested in favor of the company that owns the trademark, taking into consideration all the conditions required for registration and considering the company to which the power of attorney was issued to use the trademark as a representative of the owning company in reserving and registering the name only and not the registrant.
• Registration of common names (prophets, messengers, religious symbols, countries, cities, legal persons, or a name from the list of prohibited names) is not permitted, even if it matches the name in the commercial register or trademark.
.gov.eg
• It is registered to any government agency \ company
For government agencies \ Company: A letter from the government agency stamped with the seal of the eagle.
.edu.eg
• Governmental universities and institutes
• Private and national universities
• Any entity, company or educational center affiliated with any of the government ministries
For universities and government institutes: The decision to establish the university or institute.
For private and national universities: The decision to establish the university, provided that it is one of the universities included in one of the recognized lists issued by the Ministry of Higher Education or the Supreme Council of Universities.
In case of that the establishment decision is not issued, the approval of the Secretary of the Supreme Council of Universities is required to register.
For educational entities, companies, or centers: A letter from the government ministry to which it is affiliated, stamped with the seal of the eagle, is required stating the establishment of this entity under the umbrella of the ministry for educational or research purposes.
.ac.eg
• Private institutes and academies
• Public, private and international schools
For private institutes and academies: The decision to establish the institute or academy, provided that it is one of the institutes or academies of universities included in one of the recognized lists issued by the Ministry of Higher Education or the Supreme Council of Universities.
For public, private and international schools: The decision to establish the school is issued by the Ministry of Education or a decision by the Ministry to teach international curricula such as American or British.
.sci.eg
• For entities working in the research and scientific sector
An approved document proving the entity’s affiliation with the Ministry of Higher Education, the state for scientific research, or one of its affiliated entities or bodies.
.com.eg .net.eg .info.eg
• Government companies
• Companies inside Egypt
• Companies outside Egypt
For government companies: the commercial registry or the tax card, in addition to a letter from the government agency to which it is affiliated, stamped with the seal of the eagle. Allow the registration of ranges with the names of company products and services, with an acknowledgement by the registering company of the dependency of the name of the domains to be registered and proof of the existence of this product or service to the company, such as the presentation of a promotional folder, photo of the product, promotional campaign or any physical image in any form used to promote the product or service.
For companies inside Egypt: the commercial registry or tax card of the company, in addition to a copy of the ID card of the owner of the company or the person authorized by the company to deal with domain registration. Allow the registration of ranges with the names of company products and services, with an acknowledgement by the registering company of the dependency of the name of the domains to be registered and proof of the existence of this product or service to the company, such as the presentation of a promotional folder, photo of the product, promotional campaign or any physical image in any form used to promote the product or service.
For companies outside Egypt: a trademark for the name to be registered, provided that the trademark is registered inside Egypt or registered internationally in accordance with the Madrid Convention on Trademarks with WIPO, and the company has a representative or agent inside Egypt.
.tv.eg
• Regional and satellite TV channels and TV programs of the Radio and Television Union
• Private Egyptian satellite channels subject to the supervision and control of the Investment Authority and all programs offered to it
• Non-Egyptian satellite channels licensed to exploit space on the Nilesat satellite
For channels and programs affiliated to the Radio and Television Union: A letter from the Radio and Television Union stamped with the seal of the Republic.
For channels and programs affiliated with the Investment Authority: A letter from the Investment Authority stamped with the seal of the Republic.
For non-Egyptian satellite channels: registration is done according to the licensing contract.
.org.eg
• National associations
The decision to establish the association or organization.
.sport.eg
• Entities, clubs and sports federations
A letter from the sports authority stamped with the authority's seal.