Reseller – A customer granted the right to market the system under his name and not under the name of the supplier.
User – Any person accessing the supplier's servers.
Customer Client – A user who is using the tools provided by the supplier.
System – The tool used by the customer in order to build a site, advertise, send SMS messages and more.
System and infrastructure operator – a third party company that provides to the supplier and his users the technology and infrastructure and any tool that appears in the system.
Registration manager – Third party companies that manage domain name registration and correctness of the domain names.
Designer – a customer that works with the template design system provided by the supplier.
Service provider – A professional that is offered as part of a complimentary service to the Supplier’s users.
1.2. Please read these terms carefully, since by using the system or the server provided by the supplier, you agree to these terms.
2.1. Some of the services provided by the system require the user to register. As part of the registration process, you will be required to submit personal information, such as your name, address, contact information, e-mail address or credit card information. The information you provide during the registration process will be stored in the system's database. By law, you are not required to submit this information, however, failure to do so will prevent you from using these services. Please provide complete and accurate information only. During registration, you will be asked to select a user name and password. The user name and password will identify you at any time in which you use the system. Keep your user name and password in a secure place to avoid abuse by others. Be sure to change your password frequently, at least every three months.
3. Freedom of Expression and the Addition of Content to the Site Freedom of expression is one of the basic principles of this system, as well as the adherence to the laws of the State of Israel. Therefore:
3.1. You may not use the system to advertise content that includes any of the following: vulgar sexual messages, threats, slanders, malice, inciting of criminal or civil crimes, privacy offences, damage, offences to public emotions and content that breaches the law in any way, content whose intellectual property rights are not owned by you, content containing any kind of computer virus. The supplier may refuse advertising contents that, in his opinion, breach any of the abovementioned conditions and/or may damage the system and/or any third party, and he may delete these contents at any time.
3.2. The supplier will bear no liability whatsoever to the appearance of content on the system and/or in any other place where the content may appear, to the subject matter of this content including its reliability, accuracy and/or its influence on the users’ computers, or to any damage, inconvenience, loss, or distress resulting directly or indirectly thereof, to you, to your property or to any third party due to the use of these contents.
3.3. Remember: The contents that you submit for advertisement are exposed to all of the system users and the supplier can anticipate neither the responses that you may receive after submitting the content, nor the sources of these responses. Therefore, the supplier will not be held responsible to you (or to anyone on your behalf) for any action or any damage caused to you or to your property as a result of your contents.
4. Copyrights in the Supplier System
4.1. The supplier solely owns all the copyrights and intellectual property rights of the system design and of any software, application, computer code, graphic file, text and/or any other material contained therein. Do not copy, distribute, present in public or provide any third party with the abovementioned material without getting written approval in advance from the supplier. The trademarks in the site are the sole property of the supplier – or in the event of their advertisement, the property of those advertisers only. These trademarks cannot be used without their written approval in advance.
4.2. None of the tools in the supplier's system or in any part of a product offered by the supplier shall be transferred or copied without the written approval of the supplier. You may not build a site using the system and store it on another server or anywhere outside of the web.
4.3. It is not possible to create a site in the system and store it in another server in the network or outside the network.
4.4. So that there is no shadow of a doubt, the customer is not entitled in any case to use these images in any manner of advertisement and/or marketing and/or sale and/or copy to business card and/or flyers and/or any form of marketing known outside the limits of the site.
4.5. It is not possible to create a site in the system and store it in another server in the network or outside the network.
5. Limited Liability
5.1. The supplier's system offers a wide variety of tools that can be used by the customer. All tools are provided "as is". The supplier reserves the right to decide whether or not to add tools to the system, and the customer will not demand any additions that are not supported by the system. The supplier will do its best to develop and upgrade the system based on customers’ requests, but he is not obligated to do so.
5.2. The supplier may shut down the system and occasionally alter the system structure, system appearance and/or the availability of services and content provided, without prior notice. The customer will have no claims, demands or lawsuits against the supplier regarding this matter.
5.3. The supplier does not guarantee that the service provided by the system and/or the server will be uninterrupted, that the service will be provided continuously without malfunction and/or will be completely protected against illegal access to supplier computers. The supplier will be held accountable neither for any damages, malfunction, breakdowns, failures in hardware, software or communication lines used by the company or any of its providers, or any other damages for any reason, nor for any direct or indirect damage caused to you, to anyone in your behalf, and/or to your property as a result thereof.
5.4. The information you submit to the system will be exposed to all Internet users and perhaps to additional information systems. Be careful when providing your personal information (such as address or telephone number) or when responding to messages received through the system as a result of the existence of your information therein. Remember: When providing your information and responding to messages received, you must apply the same measure of care as you do when making non-Internet contacts.
5.5. The making of a payment for the use of the system will not render the payee an owner of the supplier's system or an owner of the system's source code in any way.
6.2. The supplier will avoid, to the extent possible, providing your personal information to a third party unless he is required to do so by law or if he faces a threat of legal action (criminal or civil) due to actions that you have performed on the system. In this case, the supplier may provide your information to the party claiming to be harmed by you or in accordance with the instructions of a judicial order.
6.3. The supplier may use your information in order to improve the services offered by the system as well as to contact you and adjust the system to your needs and preferences.
7.1. The supplier will not be held responsible for any information deleted from the system and/or for any malicious system break-ins. Change your password as often as possible and at least once every three months. Be careful when granting system management permissions.
7.2. Some of the system’s tools enable you to block certain pages and information from some or all users. The supplier does not guarantee that this information is properly blocked and that it is not accessible even without the proper permissions. It is recommended that you do not upload important or confidential information; the supplier does not guarantee its safety on the system.
8.1. The supplier is not responsible for customer system backup and the customer is responsible for creating a copy of any material uploaded to the system. The supplier will do his best to preserve the information and material kept on the customer system, including backups, however he cannot be held responsible for it.
9. Trial Period
9.1. The supplier grants you permission to use the system and store your site on the supplier's server for a trial period published in the system. Upon completion of this trial period and after acquiring experience in operating the system, you can decide whether or not to continue using the system and to pay for a license thereof.
9.2. The supplier may delete your site and any information it contains, if and when the customer fails to make payment at the end of this trial period.
9.3. The supplier may change the number of days in the trial period at any time.
9.4. Customers that abuse the trial period by opening a large number of sites and using them in an inappropriate manner, risk the supplier’s locking of these sites without any prior notice.
9.5. The supplier may send you a number of messages, using different methods (electronic mail, SMS and more), during your trial period.
10. Payment Policy
10.1. The customer may activate the system license only after the payment for it has been made in full.
10.2. Although the supplier has the right to change the prices charged for the services at any time, the prices are guaranteed for periods paid for in advance.
10.3. In the event of a credit card or its validity causing a delay in the transaction clearance by the credit card company, the supplier may immediately suspend the services provided to the customer until the issue is resolved and payment is made in full.
10.4. The customer is held responsible for making ongoing and full payments during the entire period during which his account is active, starting from the activation date of his account. Any changes to the credit card information must be immediately reported to the supplier in order to assure continuous service.
10.5. Invoices will be sent to the provided mailing address via Israeli regular mail a few days after the charges are made.
10.6. Payment through deposit/bank transfer or bank checks will be considered paid only after being approved and deposited in the supplier's bank account.
10.7. No refund will be given for long-term service periods paid in advance.
11.1. The customer may terminate the operation of his system prior to the end of his subscription but no refund will be granted to him for the remaining time.
12. Site Freezing
12.1. A customer interested in freezing his account can do so, but the subscription period will not be extended during this time.
13. End Users of your site
13.1. "End User" refers to any user who visits your site that was built through the supplier's system (regardless of how he visits your site).
13.2. The supplier will bear no liability for any conflicts that may arise between you and the end user, and the supplier will not be involved in any disputes between you and the end user.
14. Domain Purchase and Management
14.1. The registration manager of the relevant domain may accept or reject any requests for registering or renewing registration within a certain domain, at his sole discretion and for any reason whatsoever, including if he believes that the selected domain name is forbidden according to the rules of registration by which he is bound, and the supplier will not be liable for the failure to renew or purchase the domain.
14.2. The domain name you selected to register or re-new will not be registered to your name until the registration manager performs the registration or renewal. The supplier has no control over the activities of the registration managers and he is unable to tell you when or if the domain will be registered to you.
14.3. The supplier is not responsible for any action, decision, act or omission of any of the registration managers and you will have no claims, lawsuits or demands for any action, decision, act or omission by them toward the supplier– including, but not limited to the generality of the abovementioned, due to the rejection of a registration application or registration renewal for a domain, in the event that a domain registration or renewal has not performed, as well as in the event of any dismissal, suspension or termination of a domain registration.
14.4. The domain name cannot be changed or replaced by another name after it has been ordered.
14.5. The domain name can be cancelled after ordering it, but no refund will be received for the remaining period.
The process of transference of a domain name from one registry of the association to another registry and the renewal of a domain address that ended can take up to 5 working days.
15. Email Purchase and Management
15.1. The supplier enables the customer to purchase electronic mailboxes under his domain name.
15.2. The supplier is not responsible for incoming messages, including messages containing viruses, and the customer must protect himself against such malicious content.
15.3. The Supplier does not backup the mailboxes and the customer is responsible for downloading the incoming messages in his mailbox to the personal computer using the corresponding protocol. Any message that will stay in the mail server shall not be under the responsibility of the Supplier if the information is damaged in any way.
15.4. The Supplier shall not be responsible if the activity of the mail server is not operated correctly and the customer messages don’t get to their destination or are not received in the customer’s mailbox.
15.5. The Supplier shall not be responsible for damage caused to content uploaded or received in the mail server (email messages, lists of contacts, calendars, etc).
15.6. The Supplier is entitled to limit the number of submissions performed from any mailbox according to his criteria in order to prevent situations in which the mail server is blocked.
15.7. The Supplier is entitled to remove at any time mailboxes of users from the mail server if he receives complaints from Internet providers and the black lists of spammers in the world.
16. SMS Distribution Some of the tools provided by the system enable SMS messages. The customer must be aware of the following rules:
16.1. Every message that is sent, even if it does not reach its final destination, is counted.
16.2. Any message that is sent to an incorrect number is also counted and the customer is required to determine the correctness of the numbers.
17. Data Traffic
17.1. The supplier limits data traffic through the system to 5GB per site. However, if and when a certain site exceeds this limit, the activity will not be immediately halted and the supplier will enable the site to continue operating for an unlimited time and in accordance with the supplier's decision.
17.2. In essence, the supplier does not limit the customers’ use of the system in the traffic that they generate, but the supplier does reserve the right to remove sites that "monopolize" the server and inappropriately utilize server resources from the server, without a prior notice.
18. Commercial Email Advertising – SPAM
18.1. Some of the tools provided by the system enable the customer to send messages via advanced technological media (E-mail, SMS, etc). Using these tools for sending spam is strictly prohibited. The supplier may discontinue the activity of a system used by the customer for this purpose at any time and without prior notice.
18.2. The supplier enables companies and users throughout the web to report spamming in order to locate customers who do so.
18.3. Any transmission of spam that is not performed through the system servers must be assessed according to the laws of the country from which the messages are sent and the supplier has no connection to these messages.
18.4. The Supplier allows companies and surfers along the net to report to him about customers that send spam, in order to locate them.
18.5. No spam should be sent through servers as well. Sites that do send spam can be blocked and must indemnify us in respect of any damages that might stem from it.
18.6. Some of the tools in the system make it possible to track almost any operation of the surfers in the site when they register to the distribution list and when they remove themselves from it, the Supplier does not take the commitment to have the data that will be displayed in those lists fully updated and shall not be responsible for them in case the owner of the site needs to use them.
19. Site Footer
19.1. The supplier may add a line or logo at the bottom of your system, linking the users to a certain location on the web, according to the supplier’s discretion.
19.2. The supplier is not required to remove this link and he may occasionally alter its design and the link destination.
19.3. The supplier will enable the removal of the link for an additional fee to be determined by him, and this fee will appear in the system payment page.
20. Design Templates
20.1. The supplier offers the customer a variety of design templates to use for his site.
20.2. All templates are protected by system copyrights and the customer may not use them outside of the system without the written consent of the supplier.
20.3. The supplier may discontinue the use of certain design templates at any time, whether the customer has been using them for a short or long period of time. In this event the supplier will do his best to find an appropriate alternative for the customer, but he does not guarantee it.
20.4. The customer does not have exclusive rights to any of the design templates and other customers may use them.
20.5. The customer has no full copyright over certain design template that purchased and any object related to it and other customers shall be entitled to use it according to the decision of the Supplier. So that there is no shadow of a doubt, the customer knows that all the copyrights related to a template and/or image and/or object in the system belong to the Supplier and only to the Supplier.
21. Technical Support
21.1. The services provided in the site do not include support. The supplier will attempt to answer your questions regarding technical issues, received by electronic mail. However, the supplier is not required to do so.
22. Virtual Store
22.1. The supplier bears no responsibility for the store security.
22.2. The customer is responsible for information obtained from users, including credit card information, and the supplier will bear no liability whatsoever regarding this matter.
22.3. The credit card companies require business owners to be approved by them and the customer is solely responsible for obtaining this approval. The supplier is not involved in this issue.
22.4. When the customer chooses to charge a user through third party companies (Paypal, Netpay, etc) the supplier is not responsible for the quality of service of these companies and is not responsible for their operating procedures.
22.5. The supplier is not a party to the transaction and any problems that may arise must be referred to the site owner.
22.6. The user is aware of the fact that he must assess the security level and quality of the site with which he provides his credit card information.
23. Resellers' Account
23.1. Customers who become resellers will enjoy a system that is very similar to that of the supplier.
23.4. The supplier may alter the system price independently of the price offered by the reseller. The reseller is responsible for monitoring changes in supplier prices.
23.5. The customers of a reseller who decides to terminate his "reseller account" will automatically be transferred to another "reseller account", without considering the opinion of the reseller who closed the account.
23.6. The supplier will do his best to prevent a situation in which customers using an active reseller account (a paid or trial period reseller account) will find any connection between the reseller and the supplier. However, the supplier cannot guarantee that such a connection will not occur due to a technical problem or supplier negligence.
23.7. The reseller will not be permitted to decide which content will be presented on the system and the supplier may change the content at his discretion.
23.8. Should the Reseller act in an ambiguous manner and not reply to the Service Providers' inquiries of the matter, the Service Provider maintains the right to handle the Resellers' clients' complaints and act accordingly
23.9. The Reseller must be contactable by Email and/or phone at all business hours to receive notices and missives from the Service Provider. Failure to comply may force the Service Provider to enforce his prudence without prior consulting with the Reseller nor informing him save the attempts to contact him beforehand.
24. Free Site
The supplier enables certain customers to use the system without charging for the license. These customers agree to the following conditions:
24.1. The supplier may require the customer to pay for further use of the system at any time.
24.2. The supplier may not demand payment for past use of the system.
25. Separation between the conditions of use of the Supplier and the Distributor
25.1. There is a separation between the conditions of use in the Supplier’s system and the conditions of use of the Distributor through which you use the services of the Supplier.
25.2. You can read the additional conditions of use of the Distributor in the following link (show only on the reseller system where you manage your system)
25.3. You are aware of the fact that the Supplier is not responsible for the operations of the Distributor, but the Supplier undertakes to comply with his commitments under these conditions.
25.4. In any case of contradiction or missing information between the various conditions of use, the conditions of use of the Supplier shall prevail over the conditions of use of the Distributor.
27.2. The rules stipulated are additional to any other guidelines existing in the system. In the event of a dispute, these guidelines will prevail.
27.3. The failure to meet any article of this document will be considered a cause to terminate the customer's system without prior notice.
27.5. This agreement is subject to the applicable laws of the State of Israel.
27.6. In accordance with, and without detracting from the above, in any case and for any reason, the sole jurisdiction will be that of the authorized courts in Tel Aviv and the Central Region of Israel.