Jetserver web hosting terms of service:

Dear user, before you can benefit from our services, you must carefully review the Terms and Conditions and accept that you have read, understood and agree to complete acceptance of the Terms and Conditions – without any reservation and/or a claim on your part.

Your acceptance of the Terms and Conditions constitutes a basic and fundamental condition for the provision of web hosting services, as well as for the other related services (hereinafter: “the Services”) that you wish to receive from us in accordance with your order (the “Service Order”).

Your digital signature on the Terms and Conditions will constitute an unequivocal agreement to the Terms of Use and conditions of use of the services subject to the provisions of the law. Without your signature on the Terms and Conditions, no binding agreement will be signed between you and the Site Owner and the Service Provider, Jetserver Ltd. (hereinafter: “the Company” and/or “the Site Owner”).

In any breach of the rules and/or the Terms and/or the provisions of the law, the company may, at its sole discretion, suspend and/or delete an account and/or prevent access and/or block any user from using the company’s services, Without any prior warning and without the user being able to make any claim, compensation demand, indemnification or reimbursement (hereinafter: the “Sanctions”).

Your signature on the Terms and Conditions constitutes your express consent to join the company’s mailing list so that the company may send to you the contact details you have entered – notices and/or advertisements. You may remove yourself from the mailing list by sending a written removal notice to be included in the messages and/or advertisements sent to you.

Website Hosting:

1. In order to benefit from the company’s Web Hosting Service, you must provide the company with up-to-date and real-time contact information, including an updated external e-mail address to the URL (see, for example, Gmail address), for the purpose of contacting you, or in any other case.
2. It is your sole responsibility to ensure that your contact information, including an external e-mail address, is updated at all times.
3. Providing false information alone constitutes grounds for sanctions against the user, without prior warning. Moreover, providing false details is against the law. The company reserves the right to apply to the appropriate authorities in case of false details.
4. Once you have signed the terms and the payment is made to the company for the service, the company will install and maintain your site on its servers and/or on its computers (hereinafter: “the Site”), subject to compliance with all of your obligations including but not only – regular payments.
5. If the site 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 site and its data from the other company to the company’s servers and computers. The company is not responsible for the time and/or loss of data and/or any damage caused to the user from the transfer of the site and/or data from another company.
6. Uploading content to the site and updating the content will be done by the user and at his own risk – using a user name and password that will be allocated by the company and will allow the user access to the control panel of the site. It is the user’s responsibility to ensure that the username and password are confidential from anyone who is not authorized by the user.
7. The company allows the user to store a site without limitation of volume and/or restricting traffic, in reasonable use and subject to the company’s collective hosting restrictions policy, which will be determined by the company at its sole discretion, and in a manner that will change from time to time in accordance with the company’s needs and exclusive considerations.
8. As part of the company’s policy regarding reasonable use, the company shall not allow the storage of iso files and other CD copies, compressed backup files such as zip, rar of more than 300 mb for all such files, video files of any type greater than 10 mb per file, 300MB to total all files of this type.
9. Accounts with over 20,000 files and/or volume over 5GB will continue to function normally, but will not be backed up.
10. One user account will be limited to 20 concurrent connections, 20 Processes, and 20 threads (“quota”). Should you exceed the quota, your website will display a message: “Resource limit reached”.
11. One user account will be limited to 256MB of RAM (“memory quota”). If the user exceeds the memory quota, a PHP error message will be displayed on the site.
12. One user account will be limited to 25% CPU capacity (“processor quota”). If the user exceeds the CPU quota, an Internal Server Error message will be displayed on the site.
13. One user account will be limited to the monthly bandwidth purchased according to the hosting package (the “Bandwidth Quota”). Where the user exceeds the bandwidth quota, the company reserves the right to charge the user’s payment method for excess of bandwidth. The user has the right to inform the company in writing that he does not wish to be charged additional charges for exceeding the bandwidth quota. In this case, the company reserves the right to suspend the user’s account in the event of an exception, until the next allotment begins or until an additional quota is purchased by the user.
14. The company reserves the right to change its policy regarding reasonable use and/or restrictions on shared hosting – at any time, subject to its sole discretion and without prior notice to do so and/or with the consent of the user.
15. It is the sole responsibility of the user to ensure that his/her account does not deviate from the reasonable use policy and the limitations of the company’s shared hosting. The company is not responsible for any damage of any kind caused to the user or third party as a result of the termination of the user’s account and/or the display of an error message due to an excess of quota and/or memory quota and/or CPU quota and/or bandwidth .
16. For the avoidance of doubt, the company does not provide hosting services to sites broadcasting video in direct viewing, radio, music, or any kind of streaming which may constitute a violation of copyright.
17. It should be emphasized that the site hosting service is not intended for the purposes of submitting banners for advertising campaigns. Submission of such banners constitutes a fundamental breach of the conditions and will result in an immediate sanction. The company may operate a dedicated server for the submission of such banners and the user must contact the company’s support for the purpose of receiving the said service.
18. The company operates an arrangement from authorized sub-marketers that purchase designated hosting areas and market them to their users (hereinafter: “Resler” and/or “the Reseller”). Resellers are responsible for their user service, content stored on their users’ sites, user actions, and compliance with their policies and/or terms.
19. Violation of the Terms and Conditions by resellers is deemed to be a violation of the by-laws and/or conditions by the resellers themselves. The company reserves the right to impose sanctions on the resellers and/or their users.
20. Resellers whose users will contact the company’s support will be referred to the resellers for the purpose of receiving support. However, the company reserves the right to suspend and/or delay and/or take any sanction, both with regard to the reseller’s user account and with respect to the reseller’s account itself – until the reseller has utilized to the fullest his/her responsibility towards the user or towards the company.
21. No imposition of sanctions at the expense of the secondary marketer and / or its users shall constitute 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 maintenance, maintenance, server auditing, security operations, etc. The above is necessary for routine maintenance and does not constitute grounds for compensation and / Or indemnification and / or refund of any kind.
23. For the avoidance of doubt, the responsibility for securing the site, securing the information on the site, backing the content, preserving the content and information therein, preventing access to the site from unauthorized persons, securing the website’s computer code and other necessary security measures are solely for the user and must take every action to protect and secure the site. Site and data, including consultation with a network security expert, etc.
24. The Company operates, as a service to the user only and outside the law, a site backup service that is subject to the Company’s policy and various technological limitations. As stated in the above, the Company is not responsible for any failure of backup of any kind and as a result, for any damage caused to the Site and / or the User and / or to the User, directly or indirectly. The responsibility for backing up the site and the content on it rests solely with the user!
25. The User shall have no claim and / or cause of action against the Company regarding the security of the Site and / or the backup of the content as detailed above. Any direct or indirect damage caused to the User or to third parties shall apply to the User only. Therefore, it is presumed that the user consulted an information security expert and / or hired his services prior to his engagement with the company and receipt of its services.
26. If the user’s site includes a credit card clearing service, the user must ensure that the site complies with the strict standards for this purpose – the PCI dss standard.
27. The Company reserves the right to impose sanctions against a user and / or site that does not comply with the above-mentioned standards and / or contains security breaches of any kind that may endanger the users of the Site, the Company or third parties – without notice and without any user Claim and / or cause to sue or demand from the Company.
    

    Restricted / Forbidden Content:

28. At the outset it should be emphasized that the responsibility for the contents of the site applies only to the user. The company shall not bear any liability for such contents, including direct and/or indirect damage caused to any person as a result of such contents.
29. The user hereby undertakes not to include in the website / websites content what is defined in these articles as prohibited content as well as other content prohibited by any law. Otherwise, the user will be subject to sanctions by the company and to legal proceedings under any law:
    • Streaming services, including those that infringe copyright – such as direct viewing of films, series, channels and content, radio and music of any kind protected by copyright.
    • Submission of banners to advertising campaigns, excluding the company’s dedicated services.
    • The delivery of advertisements that do not comply with the provisions of the law, including spam messages or spam advertisements of any kind.
    • Any content and/or act that may encourage, publish and distribute prohibited games and/or illegal gambling and/or lotteries and/or pyramid methods prohibited by law.
    • Any content and/or act that infringes the proprietary rights of a third party, including copyrights, trademarks, trade names, trade secrets, patents, etc.
    • Any content and/or act that may constitute a “computer offense” – including penetration of computer material, transfer or use of viruses, hostile software, malware, spyware, Trojan horses, worms, vandals, harmful applications and their like.
    • Any content and/or act that constitutes an offense against the law and/or the political law of any state and/or that may harm the feelings of the public and/or the feelings of a particular public.
    • Any content and/or act that may infringe on the privacy of another person, including the publication of his/her name, personal details, payment details, etc.
    • Any content and/or act that can publicize the identity of minors, including their names, particulars, addresses or any way of communicating with them – except for publications made in coordination with the law and with the consent of the minor’s legal guardian.
    • Any content and/or act that may encourage, guide, support, assist a criminal offense and/or any offense under any law, including defamation, infringement of privacy, legal orders, gag orders, censorship. etc..
    • Any content and/or act that can publish, distribute or display pornographic content of any kind.
    • Any content or act which, in the opinion of the company and in its sole discretion, is rude, threatening, racist, offensive, harassing, contrary to public policy and good order, including any content that may constitute grounds for civil action and/or criminal proceedings – by any law.
    • Any content and/or act that is contrary to the rules of proper use of the Internet, subject to the company’s policy and in its sole discretion.
    • For the purposes of prohibited content, a user’s failure is tantamount to an “act” for all intents and purposes.
30. The Company may impose upon the user the full payment and/or expenses and/or indemnifications and/or damages caused to it as a result of the user’s breach of the above sections – including expenses for technical activities, programmer’s working hours, and various legal costs.
31. The User shall be solely responsible for any damage caused to any person, including the company itself, as a result of breach of the rules and/or the terms in general, and breach of the “prohibited content” section in particular.
    

    Additional Services:

32. The provisions of the articles and the conditions set forth above shall apply in full, without reservation, to all the accompanying services provided by the company, both present and future.
33. The company provides its users with a variety of related services, some of which are paid and some are free services – all as detailed in the service order.
34. The company reserves the right to change the scope of the accompanying services, as well as the rate of the accompanying services, at its sole discretion and without the user’s consent.
35. Any service provided to the user as a free service at no additional cost is given to the user “as is”. The company is not responsible for the reliability of the service, its nature or any aspect connected to it. For example, the backup service of the content accompanying the site hosting service, for which the company is not responsible for its quality and/or for any use thereof including loss of content, disruption of content and all that stems from it. The use of the complimentary free services is at the user’s own risk.
36. The company operates e-mail services, in volume as determined in the service order (“email service”).
37. The user hereby declares that he/she is aware that the use of an email service will be subject to the terms of the above regulations, as well as to the conditions detailed below:
    • The email service should not be used for the purpose of sending “spam”, chain letters and other content, in violation of the Communications Law and/or any other law. The user will compensate the company for any damage caused to it!
    • The email service should not be used for the purpose of distributing prohibited content as defined in these articles, including libel, threat, pornography, infringement of privacy, encouragement of violations of the law, any material – both in the body of the notice and in an attachment that may constitute a computer offense and so forth.
    • The email service should not be used for the purpose and/or the creation of misrepresentations of a person, identification or impersonation of another person, and so on.
    • The email service should not be used for the purpose and/or infringement of copyrights, intellectual property and/or any third party’s right.
    • The email service should not be used for the purpose and/or harm to third party computer or email services, including the company itself.
    • Each user is limited to sending 500 messages per hour only. Exceeding this will lead to a failure in the service and return the messages to the sender.
    • Each user is limited to receiving only 60 pop3 per hour for each domain defined in the account.
    • Each user is limited to a mailing list of 5,000 recipients. A request for a longer mailing list will be made by contacting the company and a special arrangement at an additional charge.
    • Emphasized! Sending a large amount of messages at the same time may result in an excess of the CPU quota and, as a result, email service errors and other errors as well as an error message displayed on the web site.
    • Sending email to more than 900 recipients can only be made between 24:00 and 6:00 AM, ie outside of rush hours.
    • Emphasized! Do not send advertising emails to distribution lists purchased from external companies, as this is a violation of the law!
    • Do not use direct mail delivery services via SMTP from other storage or hosting servers. Email delivery will only be done through the company’s SMTP service.
    • The user hereby declares that email will not be used for the purpose of sending advertising messages before consulting with a legal professional to ensure that he/she does not violate the any law.
    • The user shall bear full and exclusive liability for any act, including omissions, resulting from the use of the email service, including the content of the messages and the authenticity of the content, the attachments to the messages and the damages caused to any person as a result of the user’s use of the email service.
    • The company shall not bear the slightest responsibility for any act resulting from the user’s use of the email service, including the content of the messages, the files attached thereto, as well as the damages caused to any person as a result thereof.
    • The company shall not bear the slightest responsibility for delays in the email service, irregularities in it, claims of loss of outgoing or incoming messages, loss of data of any kind, unauthorized use of the email service, and so on.
    • For the avoidance of doubt, the responsibility for securing the information in the email services, backing up the contents, preserving the content and information therein, preventing unauthorized access and other security actions is solely the responsibility of the user and the user must take every action to protect and secure the email box and data therein.
    • As stated above, the company is not responsible for the failure of backup of any kind and as a result, for any damage caused to the email service and/or to the user, directly or indirectly. The responsibility for backing up the email box and its content rests only with the user!
    • The user shall have no claim and/or cause of action against the company regarding the security of the email box and/or the backup of the contents as detailed above, and any direct or indirect damage caused to the user or to third parties shall be solely the user’s responsability to have consulted with an information security expert prior to his/her engagement with the company and receipt of its services.

    Payments and User Billing:

38. At the time of the service order, the user shall provide a form of payment registered in his/her name and/or he/she has the legal authority to use it for the purpose of charging the company in favor of the services. The user shall be solely responsible for the nature of the means of payment and the legality of its use.
39. The use by a user of a means of payment that he/she does not have the legal authority to use, constitutes a violation of the law. The company reserves the right to appeal to the appropriate authorities in any such case and even to sue the user for any direct or indirect damage caused to it as a result.
40. Credit card clearing will be carried out through an external company (Tranzila). The external company is responsible for securing the means of payment and operates under the strictest PCI standard of its kind. The company does not store the details of the means of payment on its servers, and therefore, the responsibility for maintaining the means of payment, directly and indirectly, rests entirely with the external company.
41. Any transaction between the company and the user is a transaction of the type “ongoing transaction” as defined by law.
42. The company reserves the right to change the service tariffs at any time, at its sole discretion, unless explicitly stated in the service order that the user will enjoy the service at a fixed price for a fixed period.
43. By signing the Terms of Use, the user authorizes the company to charge the payment method he/she has provided on a continuous basis and renews, monthly, until the user cancels the transaction in accordance with the section “Cancellation of Transaction” and subject to the law.
44. Non-payment by the user is an immediate and fundamental violation of the Terms and Conditions. Such non-payment shall constitute cause for sanctions under these regulations, together with the creation of an immediate cause for taking legal action by the company against the User.
45. ​​It is agreed between the parties that for each day of delay in payment, the user will reimburse the company by 10% of the monthly usage fees, from the date the user was supposed to pay until the date of actual payment. This amount will bear interest as defined by law.
46. The user’s signature of these articles shall be treated as a contract under any law. Therefore, in the event of non-payment, the parties agree that the company may make use of this signed agreement at any legal instance, including the enforcement authority, in order to sue the user for a fixed amount.
    

    Cancellation of Transaction:

47. Cancellation of transaction shall be carried out in accordance with the Consumer Protection Law regarding “Ongoing Transaction”.
48. Notice of cancellation of transaction 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: the “Notice of Cancellation”).
49. The Company shall cease to charge the user’s means of payment within 3 business days from the date of the notice of cancellation.
50. Should the notice of cancellation be given to the company after the transaction took effect and the services are rendered, the company shall cease to charge the user’s means of payment within 3 business days from the date of the notice of cancellation. In addition, the company is entitled to charge cancellation fees of 5% or 100$, whichever is lower (hereinafter: the “Cancellation Fees”).
51. If end equipment is installed at the user’s home or business, the company may charge an amount of 100$ for the installation of the end equipment at the cancellation date. The user must return the equipment to the company when it is in perfect condition. Returning the equipment in a completely perfect condition is a condition for canceling the transaction.
52. Cancellation of a transaction and provision of cancellation notice do not resolve the user from payment for services actually consumed until the date of charging the actual means of payment.
53. In the event that a payment is charged for a future service, the company shall credit the user within 14 days from the date of the notice of cancellation, in one payment or by cancellation of the charge on the credit card (hereinafter: the “Credit”). The company may deduct from the credit the cancellation fees and/or installation fees and/or any payment due to it by virtue of the agreement and under any law.
54. In the event of dissatisfaction with the company’s servers, the company shall grant the user or the reseller the right to cancel the transaction and receive a full refund, 30 days from the commencement of the contractual agreement between the parties (hereinafter: “the refund”). The company reserves the right to deduct installation fees, management fees and additional payments.
55. The refund is valid only for users who have purchased a hosting package and resellers. The refund is not valid for dedicated servers, shared location servers, management fees, setup fees, purchased domain names, customized programs and services, etc.
    

    Professional Liability:

56. All of the company’s services, without exception, may be used “as is”. Therefore, the user declares that he/she checked the services of the company prior to signing the service agreement and found them suitable for his/her needs.
57. The user declares that he/she waived any claim and/or demand from the company regarding the suitability of the services to his/her needs.
58. To do so, the user is given 30 days to terminate the service and receive a full refund, subject to the articles above under “Cancellation of Transaction”.
59. The provision of the company’s services is subject to ongoing maintenance work, the nature of which involves the disabling of the services for reasonable periods of time. Therefore, the user declares his/her consent to temporary breaks and/or temporary interruptions in the provision of the services as a result of technical failures and/or for ongoing maintenance work – and that the user shall have no claim and/or cause to claim a refund and/or compensation of any kind in respect of the aforesaid.
60. The company undertakes to act as quickly as possible in order to overcome any malfunction and/or disturbance as detailed above and to restore the services to their order as soon as possible. It should be clarified again that such malfunctions and irregularities do not constitute grounds for compensation and/or credit and/or indemnification and/or claim by the user.
61. Notwithstanding the removal of liability from the company, and in any event, the company shall not bear damages in excess of the monthly amount paid by the user to the company during the three months preceding the damage event. You hereby declare that this limitation of liability is acceptable to you and is the result of the distribution of risks between you and the company.
62. The company reserves the right to impose sanctions in accordance with these regulations, as well as to announce the cancellation of the agreement at its sole discretion, by written notice 14 days in advance. The user declares that he/she will have no 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 stay and/or deletion and/or closure and/or termination of the user account – as a result of a breach of these articles.
63. Cancellation of the agreement, for any reason, does not derogate from the user’s obligation to pay the company for the dates on which the user received service from the company.
64. The company may suspend files and/or content and/or websites until payment of the due to it from the user, in full, including any indemnification and/or compensation that the company deserves from the user.
65. The company reserves the right to transfer the full details of a user who has violated the law to the competent authorities by virtue of the law.
66. As stated in the terms of the above regulations, the user assumes full responsibility for any damage, direct or indirect, caused to anyone, including the company itself, as a result of his/her actions or omissions in connection with his/her use of the company’s services and/or violation of these Articles.
67. The user hereby undertakes to indemnify the company and/or anyone acting on its behalf in respect of any loss, loss of profit, payment or expense incurred by them, including legal expenses and attorneys’ fees, due to a breach of any of the terms and conditions and/or use of the company’s services and/or publication of content, etc.
    

    Intellectual Property:

68. The company is the exclusive owner of the rights in any extension and/or application developed by it and provided to the user for use only by means of a non-unique license, and only temporarily.
69. The user hereby undertakes not to copy and/or distribute and/or transfer and/or grant any rights to anybody to the software, extensions and/or applications as set out above and any intellectual property owned by the company and may be used by the user solely by way of a non-unique license.
    

    Arbitration and Jurisdiction:

70. Any dispute that will arise between the parties will be brought before a savvy arbitrator with knowledge of internet law and contract law, appointed by the chairman of the Bar Association at the request of either party.
71. This agreement shall apply to the laws of the United States of America.
72. Any computerized print from the company shall constitute evidence of the truth of its content in any legal proceeding between the parties.
73. This section constitutes an arbitration agreement between the parties.
74. This agreement is a contract for all intents and purposes. Together with the service order, the contract shall constitute a valid document for the claim in a fixed amount according to any law. In the event of non-payment and/or termination of payment by the user – the company will be able to claim what is due to it in the execution office and/or the court (depending on the amount of the claim) in presenting the articles and the service order.
75. The contents of this agreement, exhaustive of all agreed upon between the parties. There is no validity to agreements that preceded this agreement, verbal agreements, negotiations, etc. Any change in the consent of the parties shall be made only in writing.