Legal and Compliance

All participants and OpenIX itself must adhere to the legal framework of Lebanon and any other relevant jurisdictions. This section outlines the key legal terms and compliance requirements associated with the use of OpenIX services.

By participating in the IX, networks are agreeing to these terms:

Governing Law

The operation of OpenIX and the participation agreements are governed by the laws of Lebanon. Any disputes, claims, or legal actions arising from the service will be handled according to Lebanese law. If not otherwise specified in a signed contract, the competent courts in Beirut will generally have jurisdiction to resolve disputes.

Participants must ensure their usage of OpenIX is in compliance with all applicable Lebanese legislation, including telecommunications regulations, data laws, and any relevant MoT decrees or directives.

Regulatory Compliance

OpenIX maintains any necessary licenses or authorizations to run an Internet Exchange, if such are required by the Lebanese Telecommunications Regulatory Authority or MoT.

Participants that are Lebanese telecom operators or ISPs should have their own licenses to operate as network providers. The exchange should not be used as a means to circumvent licensing; for example, a company without an ISP license in Lebanon should not use the exchange to provide ISP services indirectly.

Foreign participants must likewise ensure they are complying with their home country laws regarding international connectivity and with Lebanese law when connecting to infrastructure in Lebanon. OpenIX may request proof of a license or authorization from participants if relevant (particularly for local ISPs).

If the regulatory environment changes (for instance, if the government imposes new rules on IXPs or on international interconnections), OpenIX will adapt and all participants will be expected to comply with any new legal requirements.

Liability and Indemnification

OpenIX will operate the exchange with due care, but OpenIX disclaims liability for any indirect or consequential damages that participants may suffer related to use of the IX. This includes, but isn’t limited to, lost profits, lost revenue, loss of data, or incidental damages arising from any performance issues or outages at the exchange.

In any case, if OpenIX is found liable for direct damages (e.g., due to negligence or breach of contract), that liability is typically limited to a cap (often the amount of fees paid by the participant for a certain recent period, like the last 6 or 12 months).

Each participant, by connecting, agrees to indemnify and hold harmless OpenIX, its owners and staff from any claims or lawsuits that arise due to that participant’s use of the exchange. For instance, if a participant’s actions on the IX cause harm to a third party and that third party brings a claim against OpenIX, the participant should cover OpenIX for any costs or damages.

This indemnification typically covers legal fees, damages, or settlements. It is essentially a requirement that participants take responsibility for their own use of the service.

No Warranties

Except for the uptime commitments in the SLA, OpenIX provides the service on an “as is” and “as available” basis. We make no warranty that the service will be absolutely uninterrupted or error-free, though we strive for excellence.

We also do not guarantee any specific quality of service beyond what’s stated (for example, we can’t warrant that a participant will achieve a certain business outcome by peering, or guarantee traffic levels). All implied warranties (merchantability, fitness for a particular purpose, etc.) are expressly disclaimed.

In summary, participants use the IX at their own risk, understanding that OpenIX will do its best to deliver a good service as described in this policy.

Confidentiality

OpenIX will treat any confidential information of participants with care. This includes non-public information like a participant’s network plans shared with us, or their traffic levels if not publicly disclosed, and any personal contact information provided.

We will not share a participant’s sensitive information with third parties without consent, except as required by law or as needed to operate the service (for example, listing their ASN and peering info on our website or in documentation is usually considered standard and not sensitive). Participants should likewise keep any sensitive information about OpenIX’s operations or other participants confidential if they become privy to it (for example, if under NDA or if involved in a community discussion that isn’t public).

Note that basic participant information (such as ASN, company name, peering IPs, etc.) is generally public for an IX; confidentiality here refers to things like a participant’s network diagrams or business strategy which might be shared in confidence.

Lawful Use and Content

OpenIX itself does not monitor content of traffic, but if required by Lebanese law enforcement or court order, OpenIX may have to take certain actions (such as capturing traffic samples, blocking a participant, or providing logs of MAC addresses or IP assignments).

Participants should be aware that they are responsible for the legality of the traffic they exchange. If a participant is found to be using the exchange for an unlawful purpose (for example, distributing illicit material or coordinating illegal activities), OpenIX will cooperate with authorities as needed and the participant’s service may be suspended or terminated immediately.

OpenIX expects participants to follow all laws regarding data privacy, intellectual property, and cybercrime. Using the IX to infringe copyright (e.g., if an ISP’s customer is pirating content, that’s outside OpenIX’s scope, but if an entire participant network is dedicated to illegal file distribution and gets court orders against it, OpenIX would have to respond accordingly).

Force Majeure

OpenIX is not liable for failure to perform obligations if such failure is due to events beyond its reasonable control (force majeure).

This includes natural disasters, acts of war, civil unrest, strikes, power grid failures that exceed facility backup, governmental actions (like an order to shut down telecom services), or other emergencies. In such cases, OpenIX will make efforts to restore service, but no SLA credit or liability is applicable during the force majeure event.

If a force majeure condition continues for an extended period (making the service untenable), either party may have rights to terminate the agreement without penalty, as typically covered in contracts.

Dispute Resolution

In case of disputes between OpenIX and a participant, we encourage amicable resolution through discussion. If needed, a formal escalation path can involve arbitration or mediation (if agreed in contract) or litigation.

Underlying all, Lebanese law applies as noted. Participants should refer to their service agreement for any specific dispute resolution clause. OpenIX’s policy is to be fair and transparent, and legal action is a last resort.

Changes to Policy

OpenIX reserves the right to modify these policies as necessary to adapt to new circumstances (e.g., changes in law, evolving best practices, new services introduction). Any significant changes to the policy will be communicated to all participants with reasonable notice (for example, via email and posting on the website).

Participants are expected to review such changes. Continued use of the service after the effective date of policy changes will constitute acceptance of the new terms. If a participant has a serious concern with a policy change, they should contact OpenIX to discuss, or if needed, they may choose to terminate their connection (without penalty if it’s due to a materially adverse change, in line with contract terms).

OpenIX values its relationship with participants and thus aims to ensure policies remain fair and mutually beneficial.