Internet service provision agreement

General

Dear user, before you can benefit from our services, you must carefully read the regulations and conditions of use (hereinafter: “the regulations” and/or “the conditions”) and sign that you have read, understood and agree to the regulations and conditions – without any reservations and/or conditions and/or a claim on your part.

Your agreement to the regulations and conditions constitutes a basic and fundamental condition for the provision of website hosting and hosting services, as well as for the other ancillary services (hereinafter: the “Services”) that you wish to receive from us in accordance with your order (hereinafter: the “Service Order”).

Your digital signature on the regulations and conditions will constitute an unequivocal agreement to the regulations, the conditions and that you will use the services subject to the provisions of the law. Without your signature on the regulations and conditions, no binding agreement will be entered into between you and the website owner and the service provider, JetServer Ltd. (hereinafter: “the company” and/or “the website owner”).

In any violation of the regulations and/or the conditions and/or The provisions of the law, the company may, at its sole discretion, suspend and/or suspend and/or delete a user account and/or prevent access and/or block any user from using the company’s services, without any prior notice and without the user being able to assert any claim , to demand compensation, indemnification or reimbursement (hereinafter: the “Sanctions”).

The terms and conditions do not derogate from the provisions of the Consumer Protection Law, 1981 (hereinafter: the “Consumer Protection Law”).

Your signing of the regulations and conditions constitutes an explicit consent to your joining the company’s mailing list, so that the company can send to the contact details you have entered – messages and/or advertising words as this means in section 30a of the Telecommunications Law (Bezeq and Broadcasting), 1982 and its other sections. At any time, You can remove yourself from the mailing list by sending a written removal notice that will be included in the messages and/or in the advertising that will be sent to you.

The regulations and conditions are worded in the masculine language for convenience only and refer to all genders.

Website Hosting:

1. In order to benefit from the company’s website hosting service, you must provide the company with up-to-date and authentic contact information, including an up-to-date e-mail address external to the website address (cf. example: Gmail address), and this for the purpose of contacting you even in cases of imposing sanctions on the user and/or in any other case.
2. It is your sole responsibility to ensure that your contact details, including external e-mail address, are current at all times.
3. Providing false details alone constitutes grounds for taking sanctions against the user, without prior notice. Furthermore, providing false information may constitute an offense against the law. The company reserves the right to contact the appropriate authorities in any case of providing false information.
4. After you have signed the terms, and arranged the payment to the company for the service, the company will install and maintain your website on its servers and/or on its computers (hereinafter: “the website”) and everything is subject to the fulfillment of all obligations on your part by virtue of the regulations and continued regular payment by virtue of ordering the service.
5. If the website is stored on another company’s servers, the company will make reasonable efforts, as a service to the user only, in order to transfer the website and its data from the other company to the company’s servers and computers. The company is not responsible for the duration and/or loss of data and/or any damage caused to the user by transferring a site and/or data from another company.
6. Uploading content to the website and updating the content will be done through the user and under his sole responsibility – using a username and password that will be assigned by the company and will allow the user access to the website’s control panel. It is the user’s responsibility to ensure that the username and password are confidential from anyone who is not authorized on behalf of the user.
7. The company allows the user to store a website without volume limitation and/or traffic limitation, with reasonable use and subject to the company’s shared storage limits policy which will be determined by the company, according to its sole discretion, and in such a way that the policy will change from time to time in accordance with the company’s needs and its sole considerations.
8. As part of the company’s policy regarding reasonable use, the company will not allow the storage of iso files and other cd copies, compressed backup files such as zip, rar over 300mb in size for all files of this type, video files of any type larger than 10mb per file and 300mb for all files of this type.
9. Accounts containing over 20,000 files and/or whose size is over 5GB will continue to operate normally, but will not be backed up.
10. One user account will be limited to 20 Concurrent Connections, 20 Processes, and 20 Threads (hereinafter: “the quota”). As the user exceeds the quota, the message Resource limit reached will be displayed on the website.
11. One user account will be limited to a RAM memory amount of 256mb (hereinafter: the “memory quota”). Whenever the user exceeds the memory quota, a PHP error message will be displayed on the site.
12. One user account will be limited to a CPU amount of 25% of one processor core (hereinafter: “CPU quota”). Whenever the user exceeds the processor quota, an error message of the type Internal Server Error will be displayed on the website.
13. One user account will be limited to the monthly bandwidth he purchased in accordance with the hosting package (hereinafter: “bandwidth quota”). Wherever the user exceeds the bandwidth quota, the company reserves the right to charge the user’s payment method for exceeding the bandwidth. The user has the right to notify the company in writing that he is not interested in additional charges for exceeding the bandwidth quota, and in this case – the company reserves the right to suspend and/or suspend the user’s account in the event of an exception, Until the start of the next allocation or until another quota is purchased by the user.
14. The company reserves the right to change its policy regarding reasonable use and/or the limitations of shared storage – at any time, subject to its sole discretion and without being obligated to give prior notice and/or the user’s consent.
15. It is the user’s sole responsibility to ensure that his account does not exceed the reasonable use policy and the company’s shared storage limits. The company is not responsible for any damage, of any kind, that will be caused to the user or a third party as a result of disabling a user account and/or the website and/or displaying an error message – as a result of exceeding the quota and/or the memory quota and/or the processor quota and/or the bandwidth quota.
16. For the avoidance of doubt, the company does not provide web hosting services to websites that broadcast live video, radio, music, or any type of streaming that may constitute a violation of copyright.
17. It should be emphasized that the website hosting service is not intended for the needs of submitting banners for advertising campaigns. Submitting such banners is a fundamental violation of the terms and will result in an immediate sanction. The company may operate a dedicated server for submitting banners as mentioned and the user must contact the company’s user service to receive the aforementioned service.
18. The company operates an arrangement with authorized resellers who purchase dedicated storage spaces and market them to their users (hereinafter: “Reseller” and/or “the reseller” The sub-marketers are responsible for the service of their users, for the content stored on their users’ websites, for the actions of their users and for their users’ compliance with the regulations and/or conditions.
19. Violation of the regulations and/or conditions by users of the sub-marketers – shall be considered a violation of the regulations and/or conditions by a marketer The sub-marketer itself. The company reserves the right to impose sanctions on the sub-marketer and/or its users.
20. The sub-marketers who contact the company’s service will be referred to the sub-marketers for treatment / or to freeze and / or take any sanction, both regarding the account of the sub-marketer and the account of the sub-marketer himself – until the sub-marketer has exhausted his responsibility towards the user or towards the company.
21. There is no point in imposing sanctions on the account of the sub-marketer and/or its users to be grounds for compensation and/or indemnification and/or refund of any kind.
    

    Information security:

22. The company reserves the right to reset passwords and/or disable the service for reasonable periods of time in order to perform upkeep, maintenance, server audits, security operations, etc. For compensation and/or indemnity and/or refund of any kind.
23. For the avoidance of doubt, the responsibility for the security of the website, the security of the information on the website, the backup of the contents, the preservation of the content and the information therein, the prevention of access to the website from unauthorized persons, the security of the website’s computer code and the other necessary security actions , are incumbent on the user only and he must take any action to protect and secure the site and the data on it, including consultation with a network security expert etc.
24. The company operates, as a service for the user only and before the law, a website backup service that is subject to the company’s policy and various technological limitations. As stated in S. above, the company is not responsible for backup failure of any kind and as a result, for any damage caused to the website and/or the user and/or anyone, directly or indirectly. The responsibility for backing up the site and its contents rests solely on the shoulders of the user!
25. The user will not have any claim and/or grounds for a lawsuit against the company regarding the security of the website and/or the backup of the content as detailed above. Any direct or indirect damage caused to the user or third parties will apply only to the user. Therefore, it is assumed that the user consulted an expert in the field of information security and/or hired his services prior to entering into a contract with the company and receiving its services.
26. If the user’s website includes a credit card clearing service, the user must make sure that the website complies with the strictest standards for this matter – the PCI dss standard.
27. The company reserves the right to take sanctions against a user and/or a website that does not comply with the above strict standards and/or contains security breaches of any kind that could endanger the users of the website, the company or third parties – without prior notice and without the user having any A claim and/or a reason to sue the company or demand something from it.
    

    Prohibited contents:

28. At the outset, it will be emphasized that the responsibility for the contents of the site applies only to the user. The company will not bear any responsibility for those contents, including direct and/or indirect damage caused to Man Daho as a result of those contents.
29. The user hereby undertakes not to include on the website contents which are defined in these regulations as prohibited contents as well as other contents which are prohibited by virtue of any law in the State of Israel, otherwise he will be exposed to sanctions from the company as well as to legal proceedings according to any law.
30. In this chapter – “Prohibited contents”:
    1. Streaming services of all kinds, including those that infringe copyrights – such as direct viewing of movies, series, channels and similar contents, radio broadcasts and music of all kinds protected by copyright.
    2. Submission of banners for advertising campaigns, excluding dedicated services of the company.
    3. Sending advertisements that do not meet the conditions of the Communications Law, including spam messages or publishing spam ads of any kind.
    4. Any content and/or act that encourages, publishes and distributes prohibited games and/or illegal gambling and/or lotteries and/or ‘pyramid’ methods prohibited by Israeli law.
    5. Any content and/or act that infringes the proprietary rights of a third party, including copyrights, trademarks, trade names, trade secrets, patents of any kind, etc.
    6. Any content and/or act that constitutes ” “Computer offense” – including penetration of computer material, transmission or use of viruses, hostile software, malware, spyware, Trojan horses, worms, vandals, applications that have the purpose of harm and the like.
    7. Any content and/or act which violates the law and/or state law of the State of Israel and/or which has the purpose of harming the feelings of the public and/or the feelings of a certain member of the
       public , his personal details, his payment details, etc
    8. Any content and/or act that has the purpose of publishing the identity of minors, including their picture, name, details, their name or any way of contacting them – with the exception of publications made according to any law and with the consent of the legal guardian of the minor.
    9. Any content and/or act that encourages, guides, supports, assists in a criminal offense and/or any offense according to any law of the State of Israel, including defamation laws, invasion of privacy, legal orders, publication ban, censorship instructions, etc. “B.
    10. Any content and/or act that has the purpose of publishing, distributing or displaying pornographic content of any kind.
    11. Any content or act that in the opinion of the company, and subject to its sole discretion, is rude, threatening, racist, offensive, disturbing, contrary to public policy and good order, including any content that may be grounds for a civil lawsuit and/or criminal proceedings and/or contrary to all laws and regulations in the State of Israel.
    12. Any content and/or act that is contrary to the proper rules of use on the internet, subject to the company’s policy, and at its sole discretion.
    13. Regarding prohibited content, the user’s default is considered an “act” for all intents and purposes.
31. The company may impose on the user the full payment and/or expenses and/or indemnities and/or damages that will be caused to it as a result of the user’s violation of the above sections – including expenses for technical operations, programmer work hours, various legal costs, including editor’s fees -law.
32. The user will be solely and exclusively responsible for any damage caused to Man Dho, including the company itself, as a result of his violation of the regulations and/or conditions in general, and the violation of the ‘Prohibited Content’ chapter in particular.
    Ancillary services:
33. The provisions of the regulations and the conditions detailed above will apply in full, without reservation, to all the ancillary services provided by the company, both now and in the future.
34. The company provides its user audience with a variety of ancillary services, some for a fee and some as a free user service – all as detailed in the service order.
35. The company reserves the right to change the scope of the ancillary services, as well as the tariff of the ancillary services, subject to its sole discretion and without needing the user’s consent.
36. Any service that is provided to the user as a free service and at no additional cost, is provided to the user as is and the company is not responsible for the reliability of the service, its nature or any aspect related to it. R. For example – the content backup service accompanying the website hosting service, for which the company is not responsible for its quality and/or any use thereof, including loss of content, disruption of content and anything that arises from it. The use of the accompanying free services is the sole responsibility of the user.
37. The company operates e-mail services, in the volume and scope as stipulated in the order for the service (hereinafter: “email service”).
38. The user hereby declares that he is aware that the use of the e-mail service will be subject to the terms of the above regulations, as well as to the conditions detailed as follows:
    1. Do not use the email service for the purpose of sending “spam”, chain letters and other material, contrary to the provisions of the Communications Law and/or any other law. Sending advertising material through the email service that is done in violation of the law will result in sanctions from the company and will oblige the user to compensate the company for any damage caused to it.
    2. You may not use the email service for the purpose of distributing prohibited content as defined in these regulations, including defamation, threats, pornography, invasion of privacy, encouragement to commit offenses against the law, any material, both in the body of the message and in an attachment that constitutes a computer offense etc.
    3. Do not use the email service for the purpose and/or creating false representations, deceiving a person, identifying or impersonating another person, etc.
    4. Do not use the email service for the purpose and/or infringing copyright, intellectual property and/or any other right of a third party.
    5. Do not use the email service for the purpose and/or infringing computer or email services of Third party, including the company itself. Each user is limited to sending 500 messages per hour. Exceeding the above will lead to the return of the messages to the sender.
    6. Each user is limited to withdrawing 60 pop3 per hour.
    7. Each user is limited to the list
       Mailing for a total of 5,000 recipients. Requests for longer mailing lists will be made by contacting the company for an additional fee. Error on the website. Therefore, it is recommended to send emails in small quantities.
    8. Sending emails to over 900 recipients can only be done between 24:00 and 6:00 in the morning, that is, outside of rush hours.
    9. Will be highlighted! Do not send promotional emails to distribution lists purchased from external companies, as this is a violation of the provisions of the Communications Law.
    10. Do not use direct mail delivery services via SMTP from other storage servers. Email delivery will be done using the company’s SMTP service only.
    11. The user hereby declares that e-mail will not be used for the purposes of sending advertising messages before consulting with a professional in the field of law to ensure that he does not violate the provisions of the Communications Act and any other law.
    12. The user will bear full and exclusive responsibility for any act, including negligence , which resulted from his use of the email service, including the content of the messages and the authenticity of the content, the files attached to the messages and the damages that will be caused to the user as a result of the user’s use of the email service.
    13. The company will not be held responsible, even the slightest, for any act, including omission, which resulted from the user’s use of the email service, including the content of the messages, the files attached to them, as well as the damages that will be caused to Man Daho as a result.
    14. The company will not bear any responsibility, even the slightest, for interruptions in the email service, irregularities in it, claims of loss of outgoing or incoming messages, loss of such and other data, unauthorized use of the email service, etc.
    15. For Remove any doubt, the responsibility for the security of the information in the email services, the backup of the contents, the preservation of the content and the information therein, the prevention of access by unauthorized persons and the other necessary security actions, rests with the user only and he must take any action to protect and secure the email box and the data therein.
    16. The company operates, as a service to the user only and before the law, a backup service for the email box, subject to company policy and various technological limitations. As stated in S. above, the company is not responsible for a backup failure of any kind and, as a result, for any damage caused to the email service and/or the user, directly or indirectly. The responsibility for backing up the email box and its contents rests solely on the shoulders of the user!
    17. The user will not have any claim and/or grounds for a lawsuit against the company regarding the security of the email box and/or the backup of the content as detailed above. Any direct or indirect damage, caused to the user or third parties, will apply only to the user. Therefore, possession of the user Because he consulted with an expert in the field of information security, he enters into a contract with the company and receives its services.
        Payments and billing of the user:
39. When ordering the service, the user will provide a means of payment registered in his name and/or that he has the legal authority to use, for the purpose of billing the company for the services. The user will be solely responsible for the nature of the payment method and the legality of its use.
40. The user’s use of a means of payment that he does not have the legal authority to use constitutes an offense against the law. The company reserves the right to contact the appropriate authorities in any such case and even to sue the user for any damage, direct or indirect, caused to it as a result.
41. Clearing credit cards will be done through an external company (Tranzila). The external company is responsible for the security of the payment method and operates under the strictest PCI standard of its kind. The company does not store the details of the payment method on its servers and therefore, the responsibility for maintaining the payment method, directly and indirectly, lies entirely with the external company.
42. Every transaction between the company and the user is an “ongoing transaction” as defined in the Consumer Protection Law.
43. The company reserves the right to change the service rates at any time, at its sole discretion, unless it is explicitly stated in the service order that the user will enjoy the service at a fixed price for a fixed period.
44. By signing the user’s terms and conditions, he authorizes the company to charge the means of payment he provided to her on a continuous and renewable basis, one month at a time, until the user cancels the transaction in accordance with what is stated in the chapter “Cancellation of a Transaction” and subject to the Consumer Protection Law.
45. Failure to pay by the user is an immediate and fundamental violation of the regulations and conditions. Failure to pay as mentioned, will be a reason for taking sanctions subject to these regulations, alongside the creation of an immediate reason for taking legal proceedings on the part of the company against the user.
46. It is agreed between the parties that for each day of late payment, the user will compensate the company in the amount of 10% of the monthly usage fees, from the date the user was supposed to pay until the actual payment day. This amount will bear interest and linkage differences according to law.
47. The user’s signature on these regulations is considered a contract according to any law. Therefore, in case of non-payment – the parties agree that the company may use these signed regulations before any legal court, including the enforcement authority, in order to sue the user in a lawsuit for a set amount.Canceling a transaction:
48. Canceling a transaction will be done in accordance with the Consumer Protection Law regarding “ongoing transaction”.
49. A transaction cancellation notice by the consumer shall be made in writing and sent to the company, subject to presentation of an invoice or other proof of purchase in accordance with the Consumer Protection Law (hereinafter: “cancellation notice”).
50. The company will stop charging the user’s payment method within 3 business days from the date of the cancellation notice.
51. To the extent that the cancellation notice was given to the company after the transaction entered into force and the provision of the services began, the company will stop charging the user’s payment method within 3 business days from the date of the home notice. In addition, the company may charge a cancellation fee of 5% or NIS 100, whichever is lower (hereinafter: the “cancellation fee”).
52. To the extent that terminal equipment has been installed in the user’s home, the company may collect a sum of NIS 100 for the installation of the terminal equipment at the time of cancellation. The user must return the end equipment to the company, when it is in perfect condition. Restoring the end equipment in a completely working condition is a condition for canceling the deal.
53. Canceling a transaction and giving the cancellation notice does not relieve the user from paying for services that he actually consumed until the time the payment method is actually charged.
54. In the event that a charge is made for a future service, the company will credit the user within 14 days of receiving the cancellation notice, in one payment or by canceling the charge on the credit card (hereinafter: “the credit”). The company may deduct from the credit the cancellation fee and/or the installation fee and/or any payment due to it by virtue of the agreement and according to any law.
55. Before the law, in case of dissatisfaction with the company’s employees, the company will grant the user or sub-marketer the right to cancel the transaction and receive a full refund, 30 days from the beginning of the contractual relationship between the parties (hereinafter: “the refund”). The company reserves the right to deduct installation fees, management fees and other payments.
56. The refund is valid only for users who purchased a web hosting package and from authorized resellers (Risler). The refund is not valid regarding dedicated servers, shared location servers, management fees, installation fees, purchased domain names, programs and services that have been customized for the user, etc.Warranty
57. All of the company’s services, without exception, can be used as is (quantity Therefore, the user declares that he checked the company’s services at the time of signing the service agreement and found them suitable for his needs. 58. The user declares that he waived any claim and/or demand from thecompany regarding the suitability of the services for his needsThus, the user is given 30 days to stop the service and receive a full refund, subject to what is detailed in section 55.
58. The provision of the company’s services is subject to ongoing maintenance work, which by its very nature involves shutting down the services for reasonable periods of time. Therefore, the user declares his consent to temporary interruptions and/or interruptions Temporariness in the provision of the services as a result of technical failures of any kind and/or for the purpose of ongoing maintenance work – and that the user will not have any claim and/or reason to claim a refund and/or compensation of any kind for the aforementioned.
59. The company undertakes to act as quickly as possible to overcome any malfunction and/or disruption as detailed above and to restore the services to order as soon as possible. It will be clarified again that such malfunctions and irregularities do not constitute grounds for compensation and/or credit and/or indemnification and/or a claim on the part of the user against the company.
60. Despite the removal of responsibility from the shoulders of the company, and regardless of where it may be, the company will not bear damages that exceed the monthly amount paid by the user to the company in the three months preceding the event of the damage. You declare that this limitation of liability is acceptable to you and is the result of sharing risks between you and the company.
61. The company reserves the right to impose sanctions in accordance with these regulations, as well as to notify the cancellation of the agreement at its sole discretion, by written notice, 14 days in advance. The user declares that he will not have any claim and/or right and/or claim for compensation of any kind as a result of the imposition of sanctions in accordance with these regulations, including suspension and/or delay and/or deletion and/or closure and/or cancellation of a user account – as a result of a violation provisions of this regulation.
62. Cancellation of the agreement, for any reason whatsoever, does not detract from the user’s obligation to pay the company the consideration for the times the user received service from the company.
63. The company may withhold files and/or content and/or websites until the payment due to it from the user is paid in full, including any indemnification and/or compensation due to the company from the user.
64. The company reserves the right to transfer the full details of a user who has violated the provisions of the law, to the authorities authorized by law.
65. As stated in the terms of the regulations above, the user assumes full responsibility for any damage, direct and/or indirect, that may be caused to anyone, including the company itself, as a result of his actions or omissions in connection with his use of the company’s services and/or violation of the provisions of these regulations.
66. The user hereby undertakes to indemnify the company and/or anyone on its behalf, for any damage, loss, loss of profit, payment or expense incurred by them, including court costs and attorney’s fees, and this due to a violation of the terms of the regulations and/or the conditions and/ or using the company’s services and/or publishing content, etc.
    

    Intellectual property

67. The company is the owner of the rights and the sole owner of any add-on and/or application that is developed by it and given to the user for use only by way of a non-exclusive license, and only temporarily.
68. The user hereby undertakes not to copy and/or intellectualize and/or distribute and/or transfer and/or grant rights and any kind of rights to anyone else, in plugins and/or applications as specified above and in any intellectual property owned by the company and given to the user for use only by way of a license not unique. Arbitration and Judgment
69. Any dispute that may arise between the parties shall be brought before an arbitrator, who has education and knowledge in Internet law and contract law, who is appointed by the Chairman of the Bar Association at the request of one of the parties.
70. This agreement shall be governed by the laws of the State of Israel only.
71. Any A computer printout from the company will constitute evidence of its content in any legal proceeding between the parties.
72. These regulations are a contract for all intents and purposes. The contract will constitute a legal document for a fixed amount according to law. In case of non-payment and/or cessation of payment on the part of the user, the company may claim what it is entitled to with the enforcement authority and/or in court (depending on the amount of the claim) upon presentation of the regulations and ordering the service.
73. What is stated in this agreement, exhausts everything agreed between The parties. There is no validity to agreements that preceded this agreement, agreements made orally, negotiation procedures, etc. Any change in the agreement of the parties will be made only in writing.