Service Provider, Supplier, Us, We - Dynamic Reseller
Users, User, You – any Internet user who accesses the Service Providers' servers.
Client – any User using the tools provided by the Service Provider.
System – the tool the Users use for various functions and/or services such as but not limited to: site building, advertising, sending SMS messages etc..
Reseller – a User delegated the right to market (ie. resell) the System under his own branding instead of the Service Providers' branding.
Registrar/Registrar Administrator – any third party company accredited by the ICANN (Internet Corporation for Assigned Names And Numbers) to handle domain registration, maintenance and relevant issues.
Please read the following terms attentively as using the System or surfing any of the sites stored on the Service Providers servers constitutes your agreement the terms.
This text addresses both genders alike. Any indication otherwise is due to lingual conventions alone.
Some of the services provided by the System require user registration. Registration requires the User to supply the System with personal information such as: name, address, contacting details, email address or debit/credit card information. Any and all of the information submitted will be kept in the companies database. The User is not legally required to supply the information though if not supplied the User will be denied access the services. You (the User) are required to fill in your details meticulously and truthfully. As part of the registration process you will be requested to choose personal and unique User handle and password (ie “Log-in Information”). Your Log-in Information will be required for any and all use of the Systems functions and/or services. Keep your Log-in Information confidential in order of preventing their misuse. Change your password at least once every three months to enhance User security.
Freedom of expression and uploading (addition of) content to sites located on Dynamic Reseller servers
The freedom of expression is a cornerstone of the System but so is keeping in accordance with Israeli law. Therefore: You are prohibited from using the system to publish content of/which is; explicit sexual nature, slanderous materials, threats, incitement towards crime or misdemeanor, infringes upon privacy, hurtful to public feelings and/or content which is in any violation of law.
Also disallowed is content which infringes upon intellectual property and/or content containing malicious code (computer viruses, trojans, worms etc.). The Service Provider may and will deny publication of content in violation of any of the conditions above and/or might cause harm to the System and/or a third party, and maintains the right to delete such content at any time and without further notice.
The Service Provider bears no responsibilities towards contents stored on the System or any endpoint machine on which it may be displayed. The Service Provider bears no guaranty to said content, it's accuracy, credibility, accuracy, dependability nor its' effect on the Systems' Users' machine as well as any damage, inconvenience, loss, grief nor any other direct or indirect consequences to You, Your property and/or any third party due to use of said contents.
Remember: the content you upload onto the System may be reviewed by any and all users of the System and the Service Provider has no way of foretelling what types of feedback/responses may be made consequentially to submitting your content, by whom, and in what manner. Therefore, the Service Provider will not be held responsible by You (nor anyone empowered by You) to such replies, or to any consequence to You or Your property due to said feedback/responses.
Copyrights regulations regarding the Service Providers' System
Complete Copyrights and rights to intellectual property of the Systems' design and of each individual piece of software, application, computer code, graphics however contained, texts or any other equivalent – are the sole proprietorship of the Service Provider and him alone. You are not allowed to copy, distribute, publish publicly or deliver to a third party any or all parts of the above unless given the Service Providers' explicit written consent in advance. All Trademarks on the site are the sole proprietorship of the Service Provider, except for the case of advertising related content that belongs to the advertiser and is under the advertisers' sole proprietorship. You may not make use of any such materials unless given the advertiser explicit written consent in advance.
You may not and will not transfer or copy any of the tools which constitute the System without the Service Providers explicit written consent.
You are disallowed to store sites built using the Service Providers' System on any other server but the Service Providers', whether accessible via the Internet or otherwise.
Copyrights regulations regarding the Clients' site
Complete Copyrights and rights to intellectual property of the Clients' sites' design and of each individual piece of software, application, computer code, graphics however contained, texts or any other equivalent – are the sole proprietorship of the Client and him alone. You are not allowed to copy, distribute, publish publicly or deliver to a third party any or all parts of the above unless given the Clients' explicit written consent in advance. All Trademarks on the site are the sole proprietorship of the Clients', except for the case of advertising related content that belongs to the advertiser and is under the advertisers' sole proprietorship. You may not make use of any such materials unless given the advertiser explicit written consent in advance.
The Service Providers' System offers a wide array of tools for the Client to use. The Service Provider maintains the right to decide whether and which tools will be added to the System and when will they be added. Though the Service Provider is highly attentive to the requests and preferences of his Clients, the Clients may not demand any features which the System does not support to be made available.
The Service Provider is prerogatived to close the System and to maintain and or upgrade it, affecting its' looks, structure and/or availability of the services without being required to notify in advance of procedures.
The Client will have neither claims nor demands to the Service Provider regarding the above.
The Service Provider makes no legal guarantee that the services provided by the System will not be interrupted and/or will be one hundred percent proof to illegal access of the Service Providers servers or other computers, nor that no harm will come to said servers or other computers due to breakdowns, failures, software and or hardware failures and bugs or damages and or malfunctions of communications infrastructure whether at the Service Providers or any of its' service providers for any reason at all, furthermore the Service Provider can not and will not be held accountable to any direct or indirect loss, grievance or damage caused to You or Your property due to any such malfunction.
The information that you submit for publication on the Service Providers system will be accessible to any and all Internet users and might be available by other means of IT or other. Act prudently when revealing your personal details (such as home address and personal phone number). It is also advised to act with extreme caution when replying to communication made following the use of the System or the publication of contacting details on it.
Remember: You must be treat on-line attempts to contact you at least as prudently as you would when the Internet is not involved.
In no case does the payment for the right to use the System grant the payer (either the Client or his or hers patron) ownership of or responsibility for the Service Providers' System or its' source code.
The Service Provider will abstain from surrendering your personal details to the furthest extent possible unless ordered to do so by law or the Service Provider is faced with legal action (criminal or civil) due to Your use of the System. In such cases the Service Provider may deliver your details to the plaintiff or else in accordance with the judicial order.
The Service Provider is privileged to use your statistical usage information to better and enhance the services available through the System as well as to use your personal information available on the System to contact you, to suit the system to your personal preferences and needs.
The Service Provider will not be held accountable for any loss or alteration of data/content stored on the site due to malicious attacks on the system. It is up to the Client to alter his password as frequently as possible (at the least once every three months). It is advised to show ultimate prudence in choosing who, if any, can edit/manage your site.
The Service Provider makes no guarantee that the Systems access restriction deny any and all access and that it is one hundred percent impossible to access information defended so. It is advised to not use the system for storing critical or otherwise confidential information in the System as We can not and do not guaranty its' protection.
The Service Provider is not required to maintain back-ups of the hosted sites' under any circumstance. It is the clients responsibility to save a backup copy of anything he uploads onto the System. The Service Provider will do the maximum possible to protect the Clients data/content, including backing it up, but the Services Provider can not and will not be held responsible in the unfortunate case of irreparable damage to Client data.
The Service Provider allows You the usage of the System and storage of your site on the Service Providers' server to try the system for the time time period specified in the Service Providers' site. After the end of this period and having gained experience in usage of the System it is Your choice whether to pay for license to continue using the System.
The Service Provider may delete the site built during the trial period should You not settle the payment for continued usage of the System at the end of said period.
The Service Provider maintains the right to change the trial periods' length.
Users who abuse the System by using the free trial offer to open a large number of sites for inappropriate commercial aims risk having the Service Provider lock and/or delete said sites with no prior notification.
In setting a trial period you agree to the Service Provider contacting You during the trial period by different means (SMS, Email etc.).
The Client will be able to activate his license to use the System only after the first payment for said use has been transferred fully.
Though the Service Provider is free to commence changes to the System at will, the prices are guaranteed for the period for which the license of use was payed for.
In the case a credit card number or duration will cause postponement of clearance by the credit company, the Service Provider may immediately suspend all services to the Client, until the issue of payment has been clarified and all payments were taken care of.
The Client is committed to make all payments fully and in due for the entire duration of his accounts' activity since initial activation of said account. Any and all change to credit card details must be immediately made known to the Service Provider to ensure no interruptions in the services given will be made by the Service Provider.
Tax invoices will be sent to the Clients in accordance with the payments made, within days of actual payment and according to the shipping details given by the Client.
Payments made by means of money transfers and/or deposits to the Service Providers bank account will only be considered actual payment after having been fully cashed and approved by the bank.
There will be absolutely no refund for prepaid long term services/subscriptions.
Termination of hosted sites' operations
A Client may remove his hosted site from the System, but he will not be entitled to any refund from the Service Provider.
Postponement of hosted sites' operations
A Client may postpone his sites' activity on the System, but is hereby informed that during the period of the postponement his subscription will not be halted hence though the site will be inaccessible, the duration of the subscription will not be prolonged in accordance with the time halted.
“End-users” on Your hosted site
The title “End-user” regards any Internet user who views Your System built site (regardless of the means by which he views said site).
The Service Provider bears no responsibility whatsoever to any dispute which may occur between You and the “End-user” and will not be side under any and all circumstances.
Domain Name acquisition and administration
The relevant Registrar Administrator may accept or deny any domain name registration or renewal request for any reason he sees fit, including but not limited to him deciding the domain name chosen does not comply with the registration regulations he is bound to, and it is solely of his discretion. Denial of renewal/registration for whatever reasons will not render the Service Provider responsible for the domain name not being renewed.
The domain name the Client chooses will not be registered in the Clients name until the Registrar Administrator executes the registration/renewal. The Service Provider has no control over the Registrar's procedures and can not guaranty when and if the domain name will actually be transferred to the Client.
The Service Provider is not accountable for any action, inaction and/or decision made by any of the Registrar Administrators' staff and You will hold no claim nor demand to the Service provider for any action, inaction and/or decision made by the Registrar Administration – including, but not exempting from the ubiquity of the written above, for denial of renewal or registration of a domain name, nor in cases of nullification, suspension or postponement of a domain names' registration.
Once a domain name has been registered it can not be altered nor exchanged. Once the domain name was registered it can be unregistered but can not be refunded for any of the subscription periods' duration.
Acquisition and administration of Email addresses
The Service Provider enables the Client to purchase Email “mailboxes” (each such “mailbox” consisting of an Email address and its' storage) under his Domain name.
The Service Provider is not responsible for any and all incoming messages to said “mailbox”, including email messages which contain malicious code. The client bears sole responsibility to defend himself from such threats.
SMS mailing list
Every and any SMS message sent, even those which fail reaching the addressee, is deduced from the Clients total SMS messages available.
Every and any message sent is deduced from the Clients' acount and it is the Clients' sole responsibility to ensure that all numbers listed in the mailing list are valid.
If and when a site hosted on the System exceeds the bandwidth limitation, set by default at 5GB/month, the Service Provider will not disrupt the sites' operation. The Service Provider will allow all sites' hosted to operate even when exceeding the specified bandwidth unless the superfluous usage interrupts with the operation of the other sites hosted. This will be decided at the Service Providers' discretion, can not be appealed, and will not require notification of the rouge sites' owner prior to discontinuation of the service.
Using Email to promote yourself
Some of the Systems' tools enable the Client to send messages by technologically advanced methods (SMS, Email etc.). These tools must under no circumstances be used for “spamming” (ie sending messages randomly and/or to unwilling recipients en masse or otherwise harassing potential consumers using the Systems' resources and/or provided tools). The Service Provider maintains the right to discontinue services to any and all Clients who should abuse the System in such a manner, with no prior notice..
the Service Provider empowers individuals and businesses on the Internet to report to him (the Service Provider) on “spamming” incidents to single out or otherwise identify Clients or Users who abuse the System in this manner.
Any sort of “spam” not sent from the Service Providers' Systems' servers must be inspected in accordance with the law in the country from which it was sent. The Service Provider is no related to such missives, legally or otherwise.
The Service Provider may add a line of text or a logo (constituting the banner) to the footer section (ie visual bottom) or your site and/or system, linking Internet users to an on-line Internet address of the Service Providers' choice.
The Service Provider has no obligation to remove said banner and may change its' design, content and the location to which it links at any time, at the Service Providers' discretion.
The Service Provider will allow the Client to remove the banner at an extra cost, specified at the price-list page on the System.
The Service Provider offers a wide variety of design templates for his Clients' use.
All design templates are copyrighted under the Systems' copyrights and the Client is disallowed to use them in any manner, in full or in part, out of the System – unless he has the Service Providers' written consent in advance.
The Service Provider may stop using a particular design template even if a Client have been making use of it for any time period long or short. The Service Provider will do all efforts to provide the Client with a comparable replacement but can not and does not guaranty one. The Client does not have exclusive rights of use for a pattern and other Clients may use it simultaneously.
The services offered on the System do not include any type of technical support. The Service Provider will do his best to address any technical issues the Service Provider is made aware of (solely by means of Email) but is not obligated to do so.
The Client may use the System to set up a virtual store under the following conditions:
The Service Provider is not responsible for the securing the virtual store.
The Client will carry sole responsibility for the User information obtained via the store, including debit/credit cards information, and the Service Provider will have no liabilities regarding this issue.
The credit companies require that business owners will be approved by them and the Client bears sole responsibility to handle this procedure. The Service Provider does not have the means to monitor this matter.
Should a Client choose to charge his customers using a third party service (such as PayPal or NetPay etc.) the Service Provider can not warrant for the quality of their (the third party) service and takes no responsibility regarding their work procedures.
The “End-user” entering a Clients virtual store must agree to the following terms (the Client is responsible of informing the “End-user”):
The Service Provider does not constitute a party in the proceedings, and any claim the “End-user” has will be addressed by the Client (i.e the store owner).
The “End-user” knows that ascertaining the quality of the Systems' security as well as the nature of the site he wishes to supply with his credit card number is his sole responsibility.
Clients who choose to become Resellers will enjoy usage of a system comparable to the Service Providers' System.
The Service Provider may change the pricing scheme with regardless of the Resellers' prices. The Reseller bears' sole responsibility to monitor fluctuation in the Systems' price-list.
The client-base of a Reseller who opted out of subscription will be automatically transferred to a different Reseller at the Service Providers' discretion, regardless of the quitting Resellers' opinion.
The Service Provider will do everything necessary to prevent such a situation where the clients of a Reseller (payed or under a trial account) conjecture a link between the Service Provider and the Reseller. However, the Service Provider can not guaranty that such conjecture will not be made due to technical issues or negligence on the Service Providers' end.
The Reseller has no say over what will be shown on the System (tools etc.) and the Service Provider may change it (the System) at his sole discretion, at any occasion he chooses to do so.
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.
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.
The Service Provider may choose to allow certain Clients the use of the System free of charge at his own discretion. Those Clients must agree to the following:
The Service Provider may demand payment for further use of the System at any given time.
The Service Provider may not and will not demand retroactive payment for services already supplied.
The regulations specified in this set of rules are added to to orders of any other set of rules within the System and in the case of inconsistency – surpass them.
In concurrence with and without exempting from any of the above, for any matter and reason for debate, the Tel Aviv and Merkaz regional court of Israel shall have sole jurisdiction.