These Conditions constitute an integral part of the Order Form for website hosting and e-mail services signed by you, or of the on-line order for website hosting and e-mail services as confirmed by you (hereinafter: “
the Order Form”), and together with the Order Form or online form, as applicable, constitutes a binding Agreement between you and Domain The Net Technologies Ltd. (hereinafter: “
Domain The Net” or “
the Company”).
You should read the Conditions thoroughly because you must confirm your acceptance of them. If you do not agree to these Conditions and wish to refrain from entering into a binding Agreement with the Company, you will be unable to receive the accompanying website hosting and e-mail services, or to renew these.
N.B.: Domain The Net may, at its sole discretion and at any time, suspend or cancel the access to any one of the services provided to you under this Agreement if they are misused or if they are used contrary to these Conditions or in contravention of the law.
For the purpose of these Conditions the following specified terms shall have those meanings stipulated alongside them:
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The Site” – One website of the customer on the World Wide Web, or a Virtual Private Server (VPS).
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The Agreement” or “this Agreement” – These Conditions and the Order Form.
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The Computer” – A server-computer connected to the Internet and located at the Company’s communications center in Israel or held by a third party in Israel or abroad.
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The Domain Name” – The Site’s Domain Name.
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The Contents” – A computer file of any sort whatsoever fed into the Site by means of a File Transfer Protocol (FTP) address allocated to the Customer by the Company.
Website hosting
- The Site will be installed and maintained on the Computer, subject to the performance of your obligations pursuant to this Agreement. Sites with special installation needs, as determined from time to time by Domain The Net, at its sole discretion (e.g. the installation of DLL files in the Computer), will be installed on a computer specifically designated for Sites of this sort. Due to the nature of the stated special requirements, the Computer may be more sensitive to data security risks and less stable than other computers and you therefore agree to make no demands and/or claims and/or suits in connection with the said limitations of the Computer.
- The transfer of the Contents to the Site and updates from time to time shall be performed by you and at your liability only via an FTP address and an appropriate password or via any other access method to be allocated to you by Domain The Net enabling your access to the Site. Keep your password secure and do not give it to any third party whatsoever who is not authorized by you to access the Site’s files.
- If your Site has a domain name, you hereby authorize Domain The Net to undertake any action in your name and stead to ensure that the domain name points to the Site.
- If you have requested that applications be installed on the Site and/or that any activities be carried out on the Site which are not part of the Website hosting or the ancillary services provided for no consideration, as defined in the Order Form, you undertake to pay Domain The Net the payment for such on an ‘as is’ basis usual with Domain The Net from time to time for these applications and/or activities as a pre-condition for the installation and/or performance thereof.
- Exceeding the Site’s volume or the Site's traffic volume beyond that stipulated in the Order Form will be charged an additional charge as stated in Domain The Net's price list for that time for each additional megabyte or part thereof and/or will cause the ceasing of the Site's activity until the excess volume issue will be resolved. It will be your full responsibility to resolve the excess volume issue, and Domain The Net will not be responsible for any damage that may be caused to you due to the cease of activity of the site.
- Requests to carry out changes to the Website hosting, or technical aspects of its operation, or to any of the ancillary services ordered by you, shall be forwarded to Domain The Net in writing. Domain The Net shall respond to such requests to the best of its ability. If the change involves payment, its actual implementation shall be subject to payment of such consideration to Domain The Net.
The Site Contents
- You have full and sole responsibility for the Site’s contents and Domain The Net shall bear no liability in respect of them. You undertake, as a fundamental and substantive term of this Agreement, not to include any of the following contents in your Site, and not to perform any of the following actions via Domain The Net’s computers:
7.1 any content and/or action infringing or breaching property rights of others, including copyrights, patents, designs, domain names or trade marks;
7.2 any pornographic content and/or any pornographic act or any content or act having an explicit sexual nature, contravening the provisions of any law or likely to offend public sentiment;
7.3 any content and/or act involving minors and identifying them, their personal details or their address and means of communicating with them – save for legal publication made with the consent of the guardian of every minor;
7.4 any computer program, computer code or application containing a computer virus, including hostile programs known as Trojan Horses, Worms, Vandals, Malicious Applications, and so forth;
7.5 passwords, user names and other details enabling the use of computer programs, digital files, Internet sites or services, requiring registration or payment, without making the said payment or registration;
7.6 any illegal content and/or action, or any content and/or action encouraging, supporting, assisting or providing instructions or directing the execution of an act which is a criminal offence according to the laws of the State of Israel;
7.7 any content and/or act constituting libel of a person or infringing his privacy;
7.8 any content and/or act prohibited for publication under law;
7.9 any content and/or act of an insulting, harassing, hostile, threatening, crude, racist nature or offending public sentiment and likely to form the grounds for a civil claim or constituting some other contravention of Israeli law and/or of the laws of the country in which Domain The Net’s server is used for the Website hosting;
7.10 any content and/or act likely to mislead consumers, as such is defined in the Consumer Protection Law, 5741 – 1981;
7.11 any content and/or act containing encouragement to participate in gambling or lotteries that are forbidden under Israeli law as well as any content and/or act concerning pyramid schemes (schemes characterized by one member bringing other members to join in return for monetary remuneration);
7.12 any content and/or act contrary to the accepted rules of using the Internet or which is likely to cause damage or to harm Internet users in general and customers of Domain The Net in particular.
For the purposes of this clause, “an act” shall include an omission.
- You declare and confirm that you hold the full copyrights in the Site and the contents published in the Site and/or through the Site from time to time and/or that you have been granted the legal licenses to make use thereof.
- Domain The Net does not undertake that the Site will arouse interest, what response (if any) will be received due to the Website hosting, who will respond to the contents published on the Site and how such response will be made. Consequentially, Domain The Net will not bear any responsibility towards you and/or towards any other third party for responses sent to you, or for any consequence arising, directly or indirectly, from the publication of the Site and its contents. Neither shall Domain The Net bear any liability whatsoever for use made by any third party of the Contents.
- If you have requested that the domain name be transferred so that it points to another computer which is not under Domain The Net’s ownership, you will be exclusively responsible for all the consequences arising from such transfer. In such a case you undertake, inter alia, to take, at your own expense, any action necessary in order to secure continuity in the delivery of e-mail messages to that computer.
Ancillary Services
- Domain The Net provides additional ancillary services, some of which are provided as a free service to the customer and some of which are subject to additional payment – all pursuant to that specified in the Order Form. The scope of the ancillary services provided by Domain The Net and the tariff to be collected for such will be determined from time to time by Domain The Net at its sole discretion.
- Registration in Search Engines – The registration of the Site in search engines on the Internet by Domain The Net requires additional and separate payment. You declare and confirm that you are aware that actual registration of the Site in these search engines is not under Domain The Net’s control, and after the submission of the Site, its actual registration is at the sole discretion of the operating body of the relevant site or search engine. N.B.: – In leading sites, months may pass from the time at which the site was submitted for registration until its actual registration (if it is found to be suitable for registration).
- Statistics – Domain The Net shall provide you, at your request, and as a free service, with basic reports of registration logs containing details of activities on the Site. Domain The Net may supply, for additional payment, statistical analysis services through programs monitoring various parameters of activity in the Sites contained in its Computers, e.g. the number of visits (‘hits’) to the Site, the Internet address from which the hits reached the Site, during which days and at what time, etc. Domain The Net shall not be liable for the accuracy of the statistical analysis presented by these programs. This service is provided on an ‘as is’ basis.
- E-Mail Boxes – Domain The Net shall provide you, at your request, with e-mail boxes, of the size, number and under the Conditions as specified in the Order Form. You hereby undertake as follows:
14.1 not to make use of the service for the sending of commercial mail, the sending of mail to distribution lists or the sending of chain letters, junk mail, unsolicited e-commerce (Spam), etc.;
14.2 not to make use of the service for the sending of messages or material (including attached files) which are illegal, harassing, fallacious, hostile, damaging, threatening, lewd, objectionable, controversial, encourage the commission of a criminal offence, are liable to form the basis of a legal action, a criminal charge or civil liability – including any material harmful to privacy or which is libelous;
14.3 not to send any message which infringes intellectual property rights or other rights of third parties, including copyrights and trade marks;
14.4 not to forward any material containing viruses, Trojan Horses, worms or any other harmful application of any kind or sort;
14.5 not to make use of the service for the execution of any act likely to upset the proper working order of any computing system whatsoever;
14.6 not to perform any operation likely to upset the services provided by Domain The Net to any of the service subscribers;
14.7 not to create a false identity or fake e-mail address or to include misleading details in any material sent through the service;
14.8 to bear full and sole responsibility for the contents of your messages and the full consequences arising from such messages.
- Back Ups – Domain The Net does not perform back-ups for the Site’s files and the data stored therein. You undertake to constantly and continuously keep an updated copy of the Site files and data and confirm that you shall have no claim, demand and/or suit against Domain The Net for any loss of said files and data, for any reason whatsoever.
- Additional Services – Domain The Net will provide you, at your request, with additional services offered by it, such as access to a secure server (SSL), a data base (MSSQL) and a control panel for the management of Site-related issues.Domain The Net may collect additional payment for these services. The services are provided on an ‘as is’ basis and you will bear full and sole responsibility for the use of these services and any consequence arising from such.
Consideration
- In consideration for the services provided to you by Domain The Net in connection with the Website hosting, you undertake to pay in advance to Domain The Net those current amounts which are charged by Domain The Net from time to time in respect of these operations. You can view the updated tariffs at which you will be charged on Domain The Net’s website at www.domainthenet.com. Domain The Net may, from time to time, alter, update, raise or reduce the consideration involved in the execution of these operations, and you shall have no claim, suit or demand with respect thereof.
- You confirm and agree that you are not entitled to receive a refund for payments made by you and/or which you have undertaken to pay to Domain The Net, unless Domain The Net has agreed otherwise, at its sole discretion, beyond that which is required of it and without it having any duty to do so. In order to eliminate any doubt, it is clarified that if you will request to cancel the service before the end of the period to which you committed in your order, you will not be eligible to any monetary refund, whether you actively used the service, and whether you made no active use of the service you ordered.
- You acknowledge and agree that until the consideration is paid to Domain The Net to its satisfaction, or if the payment of the consideration has not been guaranteed to its satisfaction, then Domain The Net will not provide the requested services. You acknowledge and agree that the non-payment of additional payments to Domain The Net’s satisfaction during the course of the Agreement will constitute a fundamental breach of the Agreement. In such a case, Domain The Net may immediately cancel the Agreement and/or remove the Site from the Computer and/or prevent access to the Site without the need for any prior notice.
- Without prejudicing the rights of Domain The Net under this Agreement and/or the provisions of any law, every payment not paid by the due date shall bear full linkage differentials vis-à-vis the consumer price index plus annual interest at the rate of 12% p.a., accumulating to the linked principal once every three months, all commencing from the due date for the payment to Domain The Net and up until the actual payment. That stipulated in this Agreement shall add to Domain The Net’s rights under this Agreement and/or under the provisions of any law.
Payments
- In order to make a payment you must be the holder of a valid credit card from one of the credit companies operating in Israel (Isracard, Visa C.A.L., Visa Leumi, American Express, etc.). You hereby permit Domain The Net to debit the credit card held by you with the consideration for the services purchased by you or for the renewal thereof.
- You may make the payment by transfer to Domain The Net’s bank account. In order to do this you must contact Domain The Net by telephone and return to it the appropriate form of undertaking which will be sent to you, after signing such form, and execute the bank transfer accordingly.
- You may also make the payment by check. In order to do so you must send a check in the appropriate amount to the order of Domain The Net Technologies Ltd., 81 Sokolov St., Ramat Hasharon 47238. N.B.: In the event of the delivered check not being honored for any reason whatsoever, you will be charged for payment of handling fees in the amount of NIS 30.
- Domain The Net is not obligated to receive payments in any other manner.
Liability
- The Website hosting services at Domain The Net, including any ancillary service, are provided to the user on an ‘as is’ basis. You declare and confirm that, prior to your signing on the Order Form, you have examined the services, the capabilities and limitations thereof, and found them to be suitable to your needs and you waive any claim, demand and/or suit against Domain The Net regarding the suitability of the services for your needs.
- Domain The Net gives no undertaking that the storage of the Site, access to the Site from the Internet and any use of the files on the Site or the services to be provided by Domain The Net will not be disturbed, will be provided in an orderly manner or without interruption, will be maintained securely and without errors, or will be immune from unauthorized access to Domain The Net’s computers or against damages, breakdowns, mishaps, including problems with hardware, software or communication lines to the Site at Domain The Net or any of its providers. Domain The Net shall not bear any liability, and you shall have no claim, demand and/or suit against Domain The Net, in the event of the above stated occurring; however, Domain The Net will act to the best of its ability to speedily repair any such breakdown.
The foregoing shall not apply if damage, breakdowns or mishaps are caused due to gross negligence or maliciousness on the part of Domain The Net. In such a case you will be entitled to compensation only for direct damages caused to you and you shall not be entitled to any compensation for indirect damages and/or consequential damages. Under no circumstances shall Domain The Net’s liability under this clause exceed the amount of the monthly consideration you have paid to Domain The Net during the six months preceding the occurrence of the damage. You declare and agree that this limitation of liability is the consequence of the distribution of risks between the parties and that it is reasonable and acceptable considering the terms of this Agreement and the amount thereunder.
Cancellation of the Agreement and Breaches
- Each party may notify the other of the cancellation of the Agreement by prior written notice of ten days. Your right to cancel the Agreement will only come into force three months after the date of your signing on the Order Form. In the event of the Agreement being cancelled your obligation to pay Domain The Net the consideration for the entire period to which you committed in your order will not be affected. Domain The Net may stay the release of files, data and domain name of the Site until the full payment of the consideration owing to it by you.
- If Domain The Net has found, to the best of its judgment, that the Contents in the Site are in contravention of that stipulated in this Agreement and/or that you have fundamentally breached this Agreement and/or have misused a service provided to you by Domain The Net and/or you have made use thereof in contravention of this Agreement, or in contravention of law, it may act in all or any of the ways stipulated below, and may do so in addition to other rights vested in it under this Agreement and/or under any law:
28.1 To cancel this Agreement and to immediately remove from the Computer, fully or partially, the Site in breach of this Agreement or to prevent access to the Site or any part thereof as stated, without prior notice, and at its sole discretion.
28.2 To immediately cancel any additional service provided to you by Domain The Net without prior notice and at its sole discretion.
28.3 In the event of Domain The Net receiving information from a third party proving, to the satisfaction of Domain The Net, that said third party’s rights have been infringed by material published on the Site, Domain The Net may, in addition to that stipulated so far, provide such third party with your details so that you and the party alleging the infringement of its rights can settle each other’s claims directly. Domain The Net may also do so if it is proved, to its satisfaction, that a breach has been committed of any of the provisions of this Agreement prohibiting the publication of unlawful material, or material encouraging, supporting, assisting, providing instructions for the execution or directing the execution of an act constituting a criminal offence under the laws of the State of Israel and/or under the laws of the country in which Domain The Net’s servers are used for the Website hosting. In any event, Domain The Net will provide your details in the case of it being presented with a judicial order requiring it to do so.
28.4 Without derogating from that stipulated so far in this Agreement, the following actions shall also entitle Domain The Net to act in the foregoing manner:
28.4.1 the sending of junk e-mail and/or commercial e-mail to large distribution groups who have not explicitly asked to receive it (Spam) and/or chain letters;
28.4.2 the execution of any act or omission likely to harm or cause damage to Internet users in general and users of Domain The Net in particular;
28.4.3 the execution of any act or omission contrary to the customary rules of behavior on the Internet;
28.4.4 the execution of actions causing, or likely to cause, overuse of the Computer resources where the Site is stored, including overuse of processors;
28.4.5 the execution of actions harming, or likely to harm, the stability of the operating system and the ancillary systems and/or any other system administered or operated by Domain The Net and/or anyone acting on its behalf;
28.4.6 the execution of actions harming, or likely to harm, data security on the storage servers and the electronic mail, including the operation of infinite loops, the running of harmful scripts, the operation of unstable software components, etc.;
28.4.7 deviation from traffic volume, hosting disk space volume or database size included in the storage package.
Indemnification
- You undertake to indemnify Domain The Net, its employees, directors or anyone acting on its behalf for any damage, loss, loss of profits, payment or expense caused to them – including attorneys’ fees and legal expenses – due to the breach of your undertakings under this Agreement and/or in connection with the Contents published on the Site and/or in connection with the usage of any of the ancillary servers.
Intellectual Property
- Domain The Net is the exclusive holder of the “DomainTheNet” trade marks and of “Domain The Net” and any graphic or other expression of these marks, including those which have not yet been registered. You undertake not to make use of the Domain The Net trade marks, unless and only to the extent that you have been permitted to so by Domain The Net in writing and in advance. If you have been permitted by Domain The Net to include any of the words of “DomainTheNet” and “Domain The Net” in your domain name, Domain The Net shall continue to be the sole holder of these trade marks.
- If Domain The Net has installed any application on the Site which has been developed by it and/or in which it holds rights (including a search engine), it hereby grants you a non-exclusive license to make use of the application on the Site. In order to eliminate any doubt, it is clarified that the full copyrights and/or intellectual property rights in every such application shall continue, at all times, to be the sole property of Domain The Net. You undertake not to copy, distribute, transfer or give rights (including secondary licenses) in any such application.
Assignment of Rights
- You may not assign, pledge, mortgage or transfer your rights under this Agreement, unless you have received the prior written consent of Domain The Net. Domain The Net shall not refuse to grant its consent on unreasonable grounds. Inter alia, a monetary debt owed by the customer to Domain The Net will be considered as reasonable grounds. No assignment, pledge, mortgage or transfer shall be valid if made in contravention of this clause.
General
- A print-out or statement from Domain The Net’s Computers will be evidence of the veracity of the contents thereof in the settling of any dispute between the parties and any proceedings before a judicial, administrative or other forum.
- That stated in this Agreement exclusively exhausts all that which has been agreed upon between the parties in the matter of the Website hosting and the additional services in this Agreement and no negotiations, agreements, presentations, undertakings, consents and/or promises preceding the signing of this Agreement are to be taken into consideration.
- The addresses of the parties for the purposes of this Agreement are as stated in the heading of the Order Form. Notices between the parties may be sent by registered mail, by courier, by fax and by e-mail. Any notice sent by one party to the other by registered mail shall be deemed to have been received three days after the date it was sent. Any notice delivered by courier shall be deemed to have reached its destination at the beginning of the first business day after its dispatch, subject to confirmation in writing of the execution of the dispatch. Any notice sent by facsimile or by e-mail shall be deemed to have reached its destination at the beginning of the first business day following its actual transmission, subject to telephonic confirmation of the transmission.
Change of Terms
- As the services provided by Domain The Net develop and change rapidly, and over the couse of time extensive business experience accumulates in this regard, Domain The Net shall be entitled, from time to time, to change the provisions of the Agreement. The new terms of the Agreement will apply to you immediately upon renewal of the services ordered by you.
Arbitration and Judicial Jurisdiction
- Only the laws of the State of Israel will apply to this Agreement.
- Any dispute arising between the parties, including disputes connected with the use of any of the services in issue in this Agreement, or connected to this Agreement, shall be brought for arbitration before an arbitrator who will be a lawyer knowledgeable in the field of e-commerce and the Internet and whose identity shall be determined by the head of the Israel Bar Council at the request of any of the parties.
- The arbitrator may grant temporary measures and interim orders. The location for the holding of the arbitration proceedings will be in Tel Aviv. The arbitrator shall not be bound by the Rules of Civil Procedure, but he shall be bound by the rules of evidence and the substantive law. The arbitrator shall be required to state the grounds for his award.
- Notwithstanding the above, if any of the parties to this Agreement is sued by a third party in any legal proceedings whatsoever, the defendant may, despite the foregoing, have the other party to this Agreement joined as a litigant to those judicial proceedings and in such a case, arbitration shall not apply to this Agreement.
- The competent court pursuant to the provisions of the Arbitration Law, 5728 – 1968 shall be the court located in the city of Tel Aviv.
- This clause constitutes, for all intents and purposes, an arbitration Agreement between the parties.
- Subject to, and without derogating from the foregoing, in all matters which do not fall within the arbitrator’s jurisdiction, or in any matter in which this arbitration Agreement does not apply, for any reason whatsoever, the exclusive jurisdiction shall lie with the competent court in the Tel Aviv and Central districts of Israel.