The terms and conditions set forth in this document constitutes the entire understanding and full and complete agreement between you, the party as specified in the application (CLIENT) and the Libyan Spider (“LS”) (PROVIDER).
By using the Libyan Spider Web Site, Hosting Services, Domains, any Support Services, any LS software, or any other products or services of LS, you agree to be bound by the terms of this Agreement. The terms contained within this document super cedes and replaces any other agreement or negotiation between you and LS, whether oral, written or otherwise, including any statements made to you by any representative of LS at any time. Any amendments, changes, additions, deletions or other modifications of this Agreement are void unless specifically expressed in writing and agreed to by LS.
The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.
Libyan Spider helps organisations of all sizes to successfully do business online. Since 2002 we have been offering our clients state of the art domain registration, web development, design, software and hosting services.
I. Price change. PROVIDER has the right to change the price of the services at any time with 30 days notice. Pricing of services can be found on the LS website, www.libyanspider.com, or a custom quote can be given by a LS representative by calling 00218213631322 or submit a ticket on contact us page.
II. Fees. CLIENT agrees to pay a setup fee, a yearly fee, an usage fee (if any), and a web traffic fee (if any). The setup fee and first yearly fee is due upon sign up. PROVIDER will present a fee schedule to CLIENT before sign up.
III. Domain name registration. If PROVIDER has paid for the registration of Client’s domain name and CLIENT cancels his or her web hosting plan CLIENT will be charged $35.00 for the domain name registration.
IV. Late Payment. CLIENT agrees to pay a one time penalty of 10% of the amount due plus $10 per month for delayed payments. Client’s servers and other equipment located at Provider’s premises will be used as collateral for unpaid bills and penalties. This includes suspension of the Client’s account and website. Such servers, website, account and equipment will not be released until CLIENT pays his bills and/or penalties in full.
I. Terms. CLIENT can terminate the services with advance notice in writing only to the billing department by mail or e-mail email@example.com CLIENT understands that there will be no reimbursement and no pro-rate if he or she decides to terminate the services before the end of a prepaid term, regardless of the reason for the termination. PROVIDER can terminate this agreement at the end of a billing period, with a 30 days notice. PROVIDER can terminate the agreement immediately without any compensation if CLIENT does not comply with the “Acceptable use policy” (see III)
II. No Partnership or Agency. Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party hereto, it being understood that the parties are independent contractors vis-à-vis one another.
III. Acceptable Use Policy. LS strictly enforces compliance with its acceptable use terms. You agree to maintain your website in full compliance with the terms set forth below. Failure to comply is cause for immediate suspension and possible termination in services with no reimbursement or refund of any kind. CLIENT agrees to not violate laws, regulations, or other requirements of any applicable Federal, State, or local government. CLIENT agrees to not engage in any activity of any kind that causes harm or encourages or consists of any threat to minors, persons, or property or to perform any activity which is likely to cause such harm. CLIENT agrees not to make or attempt any unauthorized access to any LS website or the website of any LS client.
CLIENT agrees not to violate any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. CLIENT agrees not to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, offensive, indecent, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal or international law, and laws protecting intellectual property including copyright, trademark, trade secret, misappropriation and anti-dilution laws.
IV. Excused Performances. Provider shall not be held responsible for, or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the Services, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond the control of the PROVIDER. In the event of any such delay or failure, the parties shall defer performance of the Services to a date and time mutually agreeable.
V. “Unlimited” usage policies.
“Unlimited” usage policies and definitions apply only to shared hosting.
What does unlimited mean?
Libyan Spider will only provide unlimited space and unlimited email accounts if the client is committed to the terms and conditions of this package.
Shared hosting stands for a group of websites hosted on one server. Thus, this service is only suitable for small businesses and start-ups and it does not fit the mid / big enterprise websites. Also it was not designed for the web applications which are preferable to be hosted on Dedicated servers.
To insure fairness for all clients that are using this service, Libyan Spider has the absolute right to apply limits and guarantees that prevent the misuse of this service.
Libyan Spider does not set limits on the amount of disk space a client can use for the their website, provided the client’s use of storage complies with these Terms. Please note, however, that the unlimited plan is designed to host small websites. Libyan Spider does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such abuse of the service will result in the termination of the account, with or without notice. Accounts with a large number of files (inode count in excess of 250,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Libyan Spider may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the account, with or without notice.
Libyan Spider does not set any limits on the amount of visitor traffic a web site can receive on in a given month, as long as the client’s use of the service complies with these Terms. In most cases, a client’s web site will be able to support as much traffic as the client can legitimately acquire. Libyan Spider reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other services on the same server.
Libyan Spider does not set any limits on the number of parked domains and subdomains a client can associate with the unlimited plan. However, we do limit the addon domains to 5 domain names.
VI. Liability. CLIENT specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement and/or violation of acceptable use policy without regard to whether or not the material claimed to have been infringing is later found to be infringing and/or in violation of the acceptable use policy.
VII. ASSIGNMENT. This agreement and the rights hereunder is not assignable or transferable except that LS may freely assign all of its rights hereunder to any person or entity who shall become a principal owner, successor, or shareholder of LS, or to any affiliated company or successor in interest of LS. Any other attempted transfer or assignment of rights hereunder shall be null and void. Upon any such assignment by LS to any other party, including to any affiliated company or successor in interest of LS, you have the right to terminate this Agreement by giving notice thereof in writing to LS and any such termination shall become effective thirty (30) days after the receipt of such notice by LS
VIII. CHOICE OF LAW. This Agreement shall be interpreted under the laws of Libya without regard to any conflict of laws provisions
Any .LY domain name may be registered, except domains containing obscene and indecent names/phrases, including words of a sexual nature; furthermore domain names may not contain words/phrases or abbreviations insulting religion or politics, or be related to gambling and lottery industry or be contrary to Libyan law or Islamic morality, the same applies to the site content.
In principle, you are free to choose the domain name. However, you cannot choose names that are in use by other organizations, or names that for various reasons are prohibited or reserved for technical, ethical or national considerations. You also have a duty to ensure that your registration of a domain name does not infringe another party’s right to the same name. Remember that the responsibility always rests with you. If you are not sure whether you can use the name, ask us. Here, you can read nic.ly policy.
Registration of Ly Domains Terms and Conditions (Registration Agreement)
Domain names are registered for a period of one year, to a maximum of 10 years at a time.
Registration fees are payable by credit card, bank-wire transfers, cash, or checks upon application.
If domain name deletion should occur due to non-payment, the registration fees remain due and payable to Libyan Spider (LS).
By registering a domain name through LS, the applicant agrees that LS does not give any legal rights to that name. Any disputes between parties over the rights of use of a particular name are to be settled between the contending parties using normal legal methods.
Applying for the domain name and through the use or continued use of the domain name, the applicant agrees to be bound by these terms and conditions. LS is not responsible for checking the applicants right to use any name and it is up to the applicant to ensure they are not infringing any registered trademarks. LS will obey any legal order and reserves the right to suspend use of any domain.
LS is not responsible nor will be held accountable for any disputes, fees, penalties or charges laid on the applicant over rights to use a particular name, .ly domains registration and renewal fees are non-refundable.
Should a domain name dispute arise by any third party, or if any dispute arises under this Registration Agreement, the applicant agrees to abide by these terms and conditions. Please note that Ly domain registration is a first come, first serve basis.
Should a domain name fail to register due to technical difficulties (ie. server shutdown, power outage) beyond Libyan Spider’s control, Libyan Spider is not and will not be held responsible for loss of such domain should it be registered afterwards by a different applicant. LS will refund the registration fee should the first applicant is unable to register the domain.
Clients who would like to transfer their domains from another .ly reseller to Libyan Spider are required to pay 1 year’s renewal as a transfer fee (The domain will be renewed for 1 year), this is also the same incase you decide to transfer your domains from Libyan Spider to another reseller (Your domain will also be renewed for 1 year).
This Registration Agreement shall be governed in all respects by and construed in accordance with the laws of the Libya, General Post and Telecommunications Company (GPTC) (and, without respect to its conflict of law rules. This Registration Agreement is the complete and exclusive agreement of the applicant and the (parties) regarding domain names. It supersedes, and its terms govern, all prior proposals, agreements, or other communications between the parties.
Please also read nic.ly Regulations