INTELLECTUAL PROPERTY RIGHTS POLICY
By accessing or using the Website or subscribing on the Online Service(s) You agree to comply with and be legally bound by this intellectual property rights Policy (hereinafter referred to as “Policy”). In the event You disagree to this Policy, You are advised to stop accessing or using the Website and\or subscribing on the Online Service(s).
The Policy may be subjected to change from time to time and such changes shall be effective upon being posted on the Website, and accordingly You are advised to refer back to the Policy from time to time. LDC may notify You by the occurrence of the changes made to the Agreement upon You create an account on the Website. LDC disclaims any liability in the event You don’t receive LDC’s notice.
In the event You disagree to such changes, Your sole remedy is to stop accessing, using the Website and\or subscribing on the Online Service(s). Your continuous access and use to the Website and the Online Service(s) shall be deemed as an acceptance of such changes. To the extent that may differ with the legal terms and conditions, the Policy shall prevail.
In this Policy the following words shall mean the following meanings:
(i) LDC: means Link Datacenter for Data Exchange L.L.C.
(ii) Contact Information: mean all information provided from Your side that identify You.
(iii) Inappropriate Content: means unlawful data, obscene, indecent, pornographic, seditious, offensive, defamatory, threatening, liable to incite racial hatred or acts of terrorism, menacing, and blasphemous content.
(iv) Marks: means including with no limitation tradename, trademarks, copyright, logo, designs, whether registered or not registered, know-how, domain name.
(v) Online Service: means the service(s) that You subscribe on them through the Website which are as follow:
- Hosting solution “virtual dedicated hosting” (including fully management service, os management service, un-management service)
- Shared hosting
- Security portal “ssl”
- Mail services
- Domain name
(vi) Website: means “www.linkdatacenter.net”
(vii) Working Day: means from Sunday to Thursday unless official holidays as per Egyptian calendar.
(viii) You: means the person, firm or company who access, use the Website or subscribe on the Online Service(s) (hereinafter referred to as “You” or “Your”).
2. Terms and Conditions
- 2.1 LDC retains all rights, titles and interest in, and intellectual property rights of (i) LDC’s Marks, (ii) Online Service(s), and (ii) the Website that include with no limitation domain name, source code, software, Online Service(s), designs, images, artwork.2.1.1 You shall not gain, by virtue of the Agreement and \or this Policy, any rights owned by LDC. Nothing in this Agreement shall be interpreted as an ownership transfer of any of LDC’s intellectual property right to You which shall remain LDC’s sole property.2.2 You retain all rights, titles and interest in, and intellectual Property Rights of Your Contact Information, Your Content, Your Additions, Your domain name and all data provided from Your side on the Online Service(s) and Website.2.3 LDC grants You a non-exclusive, non-transferrable, non-sublicense and revocable license to access and use Your account and the Online Service(s). You shall have the right to use the Online Service(s) solely for Your own use.
2.3.1 You are not allowed to modify, copy, resell, display, exploit or license to a third party Your account, the Online Service(s) or any content on the Website that doesn’t belong to You unless after LDC’s prior written consent.
2.4 You grants LDC a non-exclusive, irrevocable, royalty free, sublicense and transferable license to use, modify, remove, incorporate, transmit, display, publish any Additions added from Your side on the Website or on Your account.
2.5 You are not allowed to use LDC’s Marks or any other intellectual property rights which are owned by LDC unless after LDC’s prior written consent.
2.6 You acknowledge that (i) LDC’s Marks belong to LDC and You will not take action which is inconsistent with LDC’s ownership; (ii) You shall insert and write LDC’s Marks in an appropriate way and write the same spelling, same design and same color without any changes; (iii) You shall not misrepresent LDC’s relationship with You; and (iv) You shall not harm LDC’s reputation.
2.7 You are not allowed (i) to incorporate and use LDC’s Marks with Your Marks, even with different design or spelling or any other modifications or in any other way that can misrepresent LDC’s relationship with You or harm LDC’s interest; (ii) to incorporate or use LDC’s Marks with Your Marks in order to create a new product or any new entity; (iii) to create any Marks similar to LDC’s Marks, even with different design, different spelling, abbreviation or making any modifications, in order to avoid any confusion that may arise to a third party and harm LDC’s interest; (iv) to use LDC’s Marks in order to imply LDC’s endorsement, sponsorship or approval towards You or a third party; (v) to use the Website to breach or infringe any third party’s intellectual property rights; (vi) to mislead, defamatory, infringe LDC’s Marks.
2.8 At LDC’s sole discretion, LDC shall evaluate Your use and decide whether that Your use violates or not any of the forgoing restrictions.
2 9 You shall indemnify LDC against all direct and indirect damages, liabilities, claims, loss and expenses (including with no limitation cost of attorney) incurred by LDC as a result of (i) Your breach or infringement to this Policy; (ii) Your breach or infringement to LDC’s Marks; and\or (iii) Your breach or infringement to a third party’s Marks.
2.10 In the event You shall not be comply with this Policy, it shall be deemed an infringement, and LDC reserves the right to suspend Your use and access to the Website, account and\or the Online Service(s) at any time.
2.11 In order to get LDC’s consent to use LDC’s Marks, You are recommended to send an e-mail at email@example.com, providing the following required information. LDC is under no obligation to respond:
(i) Your exact name, capacity, telephone, e-mail address and location (City/Country).
(ii) Explaining Your reason to use LDC’s Marks (advertising, conference …etc) and providing the relevant proofs.
(iii) Specific description of materials in which LDC’s Marks shall appear.
(iv) Specifying the timeframe of using LDC’s Marks, the territory where the Marks shall be used and channel of distribution and all details related to Your usage to LDC’s Marks.
2.12 In the event You believe that Your intellectual property rights are infringed on the Website, You are requested to submit a complaint at firstname.lastname@example.org
2.12.1 LDC will forward Your complaint to the owner of the disputed content in order to defend itself or approve Your complaint. Your complaint must include the following:
(i) Your exact name, capacity, telephone, e-mail address and location (City/Country)
(ii) Identifying yourself proving whether You are the owner of the infringed intellectual property rights or the authorized representative.
(iii) Describing the case of infringement in details and providing proof of such infringement.
2.12.2 Until reaching a final decision in respect of the complaint, at LDC’s sole discretion, LDC shall either keep or remove from the Website such disputed intellectual property right.