SITE123-Nutzungsbedingungen - SITE123

SITE123-Nutzungsbedingungen

Datum des Inkrafttretens: 24. Mai 2018

Provider - sOptions LTD.
User - Any person that enters the servers of the Provider.
Client - User who is using the tools provided by the Provider.
System - The tool used by the Client to receive various options such as site construction, mailing package, and more.
System and Infrastructure Operator - A third-party company that provides its users and the Provider the technology, infrastructure, and other tools that appear in the system.
Registration manager - Third-party companies that manage the registration of domain names and their soundness.

  1. Introduction
    1. Use of the system is subject to the following terms of use. Terms of use are intended to ensure proper use of the services that the Provider allocates to its customers and the appropriate use of the Internet towards users and in general, adherence to the system's environmental requirements, offered by the Provider.
    2. Please read these terms carefully, as the use of the system or surfing the servers of the Provider constitutes your agreement to all such terms, notices, and conditions of these terms.
    3. The Terms of Use are styled in the singular for convenience but apply to individuals and companies and other legal entities equally.
       
  2. Registration
    1. Some of the services provided by the system require registration. During registration, you will be required to provide personal information such as your name, address, contact details, e-mail address and more. The information you provide when registering will be kept in the system's database. You are not required - by law to provide such information, however, without it, you cannot use the services supplied.
    2. You are asked to be accurate when giving the details and to provide correct information only.
    3. By purchasing such services you declare and pledge that you are over 18 years old and have the full legal capacity to complete such contractual action without the need for permits or other consents.
    4. When registering you will be asked to choose a name and password. The user name and password will serve you for identification each time you use the services of the system. Keep your user name and password confidential to prevent others from abusing them. Change your password as often as possible, and in any case every three months at least. Responsibility for actions taken using the account you created is yours alone. You will also be required to provide your email address; this address is the only address relevant regarding the password recovery.
       
  3. Freedom of expression and adding contents to the site

    Freedom of Expression is one of the cornerstones of the system, as well as keeping the laws. Therefore:

    1. You are prohibited from posting contents of a vulgar sexual nature, threatening, defamatory, encouraging criminal or civil offenses, violate the privacy, damaging, offend public feelings and content that constitute any violation of the law; contents that their intellectual property rights do not belong to you; contents that contain computer viruses of any kind.
    2. The Provider may refuse to publish content that he believes violate one or more of the above and/or may damage the system and/or any third party and may delete such content at any time without previous notice.
    3. The Provider shall bear no liability regarding the content found in the system and any end device on which they appear, the content, reliability, accuracy, credibility and influence on the computers of users of the system as well as any damage, inconvenience, loss, grief and so those results, directly or indirectly caused to you, your property or any third party for use of these contents.
    4. The content you post on the site or various end devices will be exposed to all users and the Provider cannot know what responses you may receive after submitting the content. Therefore, the Provider shall not be liable to you (or anyone on your behalf) for these responses or of any consequence caused to you or your property following these responses.
       
  4. System Provider's Copyright
    1. All copyrights and intellectual property for the system and any software, application, computer code, design, graphics files, text and other material contained therein - are only of the Provider. You may not copy, distribute, publicly display or disclose to a third party any part of the above without getting the prior written consent of the Provider.
    2. The trademarks on the website are the property of the Provider only - or if they were advertised, the property of those advertisers. No use should be made without their prior written consent.
    3. It is not allowed to move and/or copy tools/code/software/images, etc. from the Provider's system without the written approval or as part of a product offered by the Provider.
    4. As part of the client’s website design, a variety of images will be presented to the client by the Provider. Clients may keep these images in his site only and may not sell/copy and/or reproduce the images to other places on the Web.
    5. For the avoidance of doubt, the client is not entitled in any case to use these images in any form of advertising and/or marketing and/or sale and/or copying for business cards and/or flyers and/or any other form of marketing outside the frame of the site.
    6. The Provider may discontinue the use of a particular image by removing the image, without prior notice, even if the client is already using it. The Provider gives no warranty to find a suitable replacement for the client.
    7. It is not possible to build a site in the system and store it on another server or outside it.
       
  5. Limitation of Liability
    1. The Provider's system offers a wide range of tools that clients can make use of them, and they are given as they are (“as is"). The Provider reserves the right to decide whether to add tools to the system, but the client will not have the option to require things that the system does not support. The Provider will make every effort to develop and upgrade the system - according to client requests, but he is not obligated to do so.
    2. The Provider may shut down the system, and change from time to time its structure, system appearance, and availability of services and content provided without the need for prior notice. The client will have no claim or demand against the Provider in connection therewith.
    3. Provider does not warrant that the service provided by the system and the server will not be interrupted without malfunction and/or will be immune from unauthorized access to its computers, damages or malfunctions, failures in hardware, software, or the company’s communication lines or those of its Providers or harm by any reason otherwise, the Provider will not be liable for any direct or indirect damage, pain and suffering etc. caused to you or your property as a result. The Provider will do every effort to keep the service uninterrupted.
    4. The information you submit to the system will be exposed to all Internet users and perhaps to additional information means. Be careful when providing your personal information (such as address or telephone number) and so in responses to inquiries received through use of the system or posting of your information there. Remember: You need to implement the same measure of caution while delivering information and receiving applications as when establishing contact when it is done not through the Internet.
    5. Payment for the use of the system does not make the payer owner or holder of the property or person responsible for the Provider's system, including the system source code in any way.
    6. The Provider reserves the right to implement at any time certain system changes that may directly affect the client's website's appearance and ambiance. Our website builder is a commercial product, therefore we make every effort to ensure the client's website's exceptional performance.
    7. The provider, may without prior notice, change the functionality or design of the platform, or permanently or temporarily terminate them, to you or anyone else, generally including, but not limited to, modules, layouts, styles, fonts, third party tools, plugins and any other tool or functionality within the system. For any of these changes, for reasons stated or undisclosed, you will continue to be bound by the terms and conditions of this Agreement.
       
  6. Privacy
    1. When using the system information regarding your habits, products and services purchased or sold, information or advertisement you read, the pages viewed, the offers and services of interest to you, payment method you used may accumulate. Information will be used only under this Privacy Policy.
    2. The Provider will avoid as much as possible providing your personal information to third parties unless required to do so on - by court order, or if he faces the threat of legal action (criminal or civil) in respect of acts done by you in the system. In this case, the Provider may provide the information to the party claiming to have been damaged by you or in accordance with a judicial order.
    3. The Provider may use your information in order to improve the services offered by the system and adjust the system to your needs and preferences, as well as to contact you.
       
  7. End users on your site
    1. "End user" means any surfer who visits the client's site, built using the system, without distinction regarding the means through which he uses to surf.
    2. The Provider shall not be under any liability for any differences that may arise between the client and the end user or intervene in them in any case.
    3. All terms and conditions of the system are also applicable to the users of the website and the client must inform about it.
       
  8. Security
    1. The Provider is not responsible for any information deleted from the system or maliciously hacked. Be sure to check who you add to the permissions to manage your system. Change your password as often as possible, and in any case every three months at least.
    2. Some of the tools in the system allow blocking pages or certain information to different users or at all. The Provider does not guarantee that this information is properly blocked and will not be accessible even without the proper permissions. It is recommended not to upload important or confidential information as the Provider does not guarantee its safety within the system.
       
  9. Backups
    1. The Provider is not responsible for the client’s system backup and it is the client's responsibility to back up and keep a copy of any content of any kind prior to uploading it to the system.
       
  10. Trial Period
    1. The provider is entitled to use the system free of charge for a limited period or without limitation (trial period) as published and periodically updated (by the decision of the provider). If a fixed period was set, the user can decide after the trial period, whether to continue to use the system and pay for a license to use it. The provider may change at any time the fixed period given to the client.
    2. Clients that will make use of the system in this framework agree with the following conditions:
      1. Sites during the trial period ("without limitation" or "limited period") are assigned subdomains. The provider reserves all rights to cancel or suspend the use of any "subdomain" at any time without reason. The user declares that he agrees and knows that all subdomains are owned by the provider and that he may for any reason or no reason, at its sole discretion and without notice or liability to User or any third party, terminate or suspend the user's account and sub-domain, and remove or delete any content associated with the account, the user name and subdomain immediately.
      2. The provider may at any time change this condition and require the customer pays for continuing the use of the system. It is understood that the provider will not require payment for use prior to the change in this condition.
      3. The Provider may place advertisements alongside free services, without prior notice.
      4. The Provider may block and/or delete any information from your system, if and when the customer fails to make payment at the end of this period including discontinued payment if possible in advance.
      5. Customers that used the trial period for opening multiple sites for this period and using them commercially in an inappropriate manner are at risk that the Provider will lock or delete these sites without notice.
      6. The Provider may send you several messages in different ways (email, text, etc.) during your trial period.
         
  11. Payment Policy
    1. Purchasing a product or service will be completed only after it is fully paid for.
    2. Although the Provider has reserved the right to change the prices for the services at any time, prices are guaranteed for prepaid periods.
    3. In the event of a credit card number or its validity causes a delay in clearing by credit card companies, the Provider may suspend immediately the services provided to the customer until the issue is resolved and payment is made in full.
    4. The Client is charged for payments in full every period in which the account is active from the date of opening the account. Any change in the credit card information must be reported immediately to continue to provide and receive services on an ongoing basis and without service interruptions.
    5. In order to prevent unexpected shutdown of a customer's website, domain, or email accounts, the automatic renewal will be enabled, once the payment has been executed. The mechanism is designed to automatically extend subscription of purchased services before they expire. Automatic renewal can be disabled by the customer via their personal account interface (My Account >> Billing & Products (in the customer's personal profile payment interface).
    6. Tax invoices in accordance with charges will be sent to the customer immediately after the billing to the email address. The system shall provide the customer with the invoices for this purpose.
    7. Payment by deposit/bank transfer or bank checks will count as the actual payment, but only after being fully redeemed and approved by the bank.
    8. Proportional refunds are not available for services paid long-term in advance.
    9. Refunds for all renewals, manual renewal and auto-renewals, of any service, are not provided.
    10. A 14-day money back period is available after every initial purchase of a website package. After this 14-day period has expired, no refund will be provided. The 14-day money back period which applies to website packages does not apply to domains, email accounts, and other services.
       
  12. Termination of the site in the system and cancellation of a transaction
    1. A customer interested in stopping the use of the services of the Provider previous the conclusion of the period of the connection can do so, but there will be no refund from the Provider. All transactions are final and in advance. It should be noted that the above applies to all products offered by the company.

  13. Purchase and management of a Domain (Domain Name)
    1. The relevant Registration Manager may accept or reject any request to register or renew the registration of a domain name, in his sole discretion and for any reason, including if he believes that the Domain name selected is forbidden for registration - according to the registration rules that binding him and the Provider will not be responsible if the domain is not renewed or it is purchased.
    2. The domain name you have chosen to register or renew will not be registered in your name until the Registration Manager performs the registration or renewal. The Provider has no control over the operation of the Registration Managers and is unable to warrant when or if the domain will be actually registered to you.
    3. The Provider is not responsible for any action, decision, act or omission of any Registration Managers and you shall have no claim or demand for any action, decision, act or omission by them - including, without limitation, in respect of the rejection of a request registration or renewal of registration of a domain name, the event that a domain registration or renewal has not performed as well as for each dismissal, suspension or cancellation of a domain registration.
    4. After ordering the domain name, it cannot be edited or replaced by another name.
    5. After ordering the domain name, it is possible to apply for a cancellation of registration but no refunds will be given for the remaining period.
    6. The process of transferring a domain name from one registry to another registry and renewal of a domain address that ended, can take up to five business days and in any case it is the responsibility of the relevant Registration Manager.
    7. The Provider hereby wishes to inform you that the Rules of the Global Internet Society (ICANN) for the domain names and generic extensions entered into force, aimed at ensuring that the details of the Domain names holder are correct, accurate and updated (COM, NET, BIZ, ORG, NAME, INFO, MOBI, etc.). When you register a new domain or update existing domain information, the duty of the holder is to confirm that the email address provided is correct and active. This confirmation is done by clicking on the link sent automatically to the email address specified in the domain. If the e-mail address was not verified until the 15th day from the date of registration/update – the domain will be suspended and will not be accessible; the suspension of the domain will not cause its deletion, but will rather stop its activity on the Internet. It should be noted that the suspension of the domain does not eliminate the need for renewal at the end of the initial registration period. That is if the domain is not renewed, it will eventually be deleted. You can click the following link to read more about your rights and obligations as published by ICANN regarding generic top-level domains (gTLDs): https://www.icann.org/resources/pages/registrars/registrars-en
       
  14. Commercial e-mail advertisements - spamming
    1. Do not send spam through the company's services or by using the services of another company.
    2. If any problem should occur in the Provider's servers or the ongoing work of the Provider, as a result of spamming, by any internal or external means, the Provider may use any means at his disposal including the termination of the services that the client receives from the Provider and even removing the site from the network without prior notice.
    3. Some of the system tools allow the client to send messages using advanced technological means (such as email, SMS, etc.). It is strictly forbidden utilizing these tools for sending spam messages and the Provider may terminate the client's system activity that uses these tools inappropriately at any time and without previous notice.
    4. Using the system contains different elements for handling outgoing mail and removal requests of users from the mailing lists. The Provider does not guarantee that these tools meet the legal requirements in your country. The responsibility for checking whether these elements meet the appropriate requirements apply to you only and the Provider shall not have any responsibility in this matter.
    5. The Provider allows companies and users throughout the network to report spamming in order to detect factors that make it.
    6. No spam should be sent through other servers as well. Sites that do so may be blocked and must indemnify the Provider for any damage caused as a result of this.
    7. There are tools that enable the system monitoring user’s activities on the site by joining the mailing list. The Provider does not guarantee that the data presented in those lists are current or full in any way, and will not be responsible for them or their contents in case the owner of the site needs to use them.
       
  15. Bottom Credit Link
    1. The Provider may add to the bottom of the client’s system a line or a logo that will be linked to a particular location on the network according to the sole discretion of the Provider.
    2. The Provider is not required to remove this link and he may change the design and the place to which it refers at any time.
    3. The Provider may allow the removal of the line or logo or text for an additional charge which will appear on system payment page.
       
  16. Design Templates
    1. The Provider allows the client to select a design template for his site from a wide selection of templates.
    2. The Provider may discontinue the use of certain design templates without notice, even if the client already uses it. The Provider will make an effort to find a suitable replacement for the client, but he is not obligated to do so.
    3. Acquisition of a template is for a single site only and the client is not entitled to sell and/or copy and/or reproduce, etc. the template to other users.
    4. The client may use the images and template files only as received at the opening of the design template and is not allowed to edit photos and/or those files, or any part of them.
    5. Acquisition of design templates does not give the client copyright on it or other objects or other content related to it, and additional clients will be able to use it as decided by the Provider.
    6. For the avoidance of doubt, the client knows that all copyrights related to the template and/or image and/or objects found in the system belong to the Provider only.
       
  17. Purchasing and managing mailboxes (Email)
    1. The Provider allows the client to purchase mailboxes under his domain name.
    2. The Provider is not responsible for incoming messages through this mailbox, including messages containing viruses and the client has to defend himself against these malicious items.
    3. The Provider does not back up the mailboxes and the client is responsible for downloading the incoming messages in his mailbox to a personal computer using the appropriate protocol. Messages remaining on the mail server will not be the responsibility of the Provider in case the information is damaged in any way.
    4. The provider shall not be responsible if the mail server operations will not function properly and the client messages will not reach their destination or are not received at the client's mailbox.
    5. The Provider shall not be responsible for damage caused to content uploaded or received to the mail server (email messages, contacts, calendar, etc.).
    6. The Provider may limit the number of submissions performed from every box at his discretion in order to avoid situations of mail server blocking.
    7. The Provider may at any time remove user mailboxes from the mail server if he receives complaints from Internet service providers and/or spammer blacklists in the world.
       
  18. External components
    1. The Provider may rely on external components supplied by third parties, including fonts, images, text, and audio to provide a certain level of functioning. The Provider may bring an end to the use of these components at any time for any reason or no reason and the client will have no claim or demand against the Provider in connection therewith.
    2. Some fonts appearing in the system are provided using Google Fonts. The use of these fonts are in accordance with the terms of use of Google Fonts and therefore any change in policy and terms of use of Google can bring a policy change by the Provider including stopping using these fonts completely and the client will have no claim or demand against the Provider in connection therewith. Also, the responsibility for checking the license for each font applies to the client. The conditions of use of Google Fonts can be read at the following link:
      https://developers.google.com/fonts/terms
       
  19. Links to third party sites
    1. The system may include links to websites of third parties. These sites are not controlled and/or owned by the Provider and he is not responsible for the contents of any linked site. These sites are the property of the third party and may be protected by copyright and/or intellectual property laws and/or any other protection. The Provider is providing these links only as a convenience and he does not approve and not assume any responsibility for the content, security, functionality or practices of such sites. Also, the inclusion of these links does not imply support of the Provider to the site or any contact with his handlers.
    2. You acknowledge and agree that the Provider may disable your use or remove any third party linked sites at any time.
       
  20. Technical Support
    1. The services on the site include 24 hours / 7 days week technical chat support in a variety of languages as well as email, unless otherwise noted.
    2. In any case, if offered support the provider may, at his sole discretion, change the nature of the support, and/or hours of support and/or the ways in which it provides support including even stop providing support at all, and the client will have no claim in this regard.
    3. It is further noted that the provider may also stop providing client support to a certain client and this is if a client acted in an inappropriate manner towards any employees of the company and the decision in this matter is subject to the sole discretion of the provider.

  21. E-Commerce
    1. SITE123 service also includes certain features which enable you to sell goods, services, content, and media through your SITE123 website.
    2. You are solely responsible for your E-Commerce related activities, and any promotions and related content. This includes content contained or referred to in your website, and compliance with any applicable laws.
    3. SITE123 only provides the platform for you to manage your online E-Commerce activities. SITE123 is not involved in your relationship and/or any transaction with any actual or potential buyers of your products.
    4. When someone purchases your products, the transaction payments will be processed through third party payment service providers and third party payment gateways with which you decided to register and set up an account, in accordance with such E-commerce Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with any E-Commerce Service Providers or third party payment gateways, or for the actions of any of these E-Commerce Service Providers or third party payment gateways.
    5. By using any of our E-Commerce features, you acknowledge, warrant and agree that:
      1. You are solely and fully responsible for all taxes and fees of any nature associated with your E-Commerce activities, including any taxes related to the purchase or sale of your products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your end users of such and provide them with a duly issued invoice as required by law.
      2. You shall be responsible for and bear all costs of procuring and delivering your products and services. You are responsible for providing them in a safe and professional manner, consistent with industry standards.
      3. You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding your products, and shall provide correct contact information for any questions, complaints, or claims.
      4. You may not offer or sell any products, or provide any information, content, or material regarding products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations, and sanctions, support, and maintenance/export.
      5. SITE123 may, at any time and at its sole discretion, suspend, disable access to, or remove your website - whether or not incorporated, published with or made a part of your ecommerce platform at such time, without any liability to you or to any end users, including for any capacity loss that would result.

  22. Links to third party sites
    1. The system may include links to websites of third parties. These sites are not controlled and/or owned by the Provider and the provider is not responsible for the contents of any linked site. These sites are the property of the third party and may be protected by copyright and/or intellectual property laws and/or any other protection. The Provider is providing these links only as a convenience and the provider does not approve and does not assume any responsibility for the content, security, functionality or practices of such sites. Also, the inclusion of these links does not imply support of the Provider to the site or any contact with third party website owners.
    2. You acknowledge and agree that the Provider may disable your use or remove any third party linked sites at any time.

  23. Terms of use for Affiliates
    1. The Provider reserves the right to refuse admission of affiliates under the provider’s sole discretion only.
    2. Advertising Campaign
      1. Any commissions that may be given to an affiliate in the affiliate program are one-time and no double or continuous commissions will be given.
      2. The Provider may discontinue any program / campaign at any time, with a 30-day notice that will appear in the affiliate’s management interface. Appeals made before the end of this time period will be counted and the affiliate will still receive payment for them.
      3. An affiliate should identify themselves using real details, complete and correct at the time of registration. Lack of such details or other essential information may prevent the provider from completing the transfer of fees.
      4. The system will provide the affiliate a special campaign link, performing actions through which will be measured and calculated in real time by the system. Commissions will be paid for the operations performed through the campaign link only and no claims will be accepted about actions done not through the link or made before registration as an affiliate in the Provider's affiliate program.
      5. The affiliate will have the option to view, at any moment, his personal performance and the total payments at his disposal. The Provider will act to display current data at any time but is not obligated to do so.
      6. The Provider reserves the right to terminate the program under their sole discretion, at any time, with notice to affiliates active in the program. The notification shall take effect as soon as the email is sent to the affiliate.
      7. The Provider does not warrant that the site or the affiliate's advertisements will appear regularly without any problems. In case of a malfunction that will cause the termination of the display of the advertisements, and/or stop showing the site of the Provider, the Provider will not be charged for the cost of the damage caused to the affiliate because of this, including entries made through the affiliate that did not reach their destination.
    3. Obligations of the Affiliate to the Provider
      1. The affiliate must not give the connecting details to any entity not authorized to access their account. All responsibility for uncontrolled access to the affiliate account due to the transfer of connecting details shall fall only on the affiliate account holder.
      2. The affiliate may not sell, transfer, endorse, give, or make commercial use of the rights assigned under this agreement.
      3. The affiliate declares and confirms that all information provided on the site belongs to the affiliate and that the affiliate has the right to distribute information and services that the affiliate’s website offers.
      4. The affiliate declares and confirms that in his site or in any other location wherein he advertises does not contain material which infringes the proprietary rights of others, particularly intellectual property rights.
      5. The affiliate declares and confirms that in his site or any other location wherein he advertises that all content does not contain any malicious computer program, computer code or application ("Virus"), including additional malware.
      6. The affiliate declares and confirms that his site or any other location wherein he advertises does not contain illegal material or material encouraging, supporting, assisting, and/or providing instructions or guides for performing an act which constitutes a criminal offense under national or international laws.
      7. The affiliate declares and confirms that his site or any other location wherein he advertises does not contain material of a harassing nature or insulting, hostile, threatening, obscene, racist, or abusive material that could be the basis for a civil claim or is otherwise in violation of national or international laws.
      8. Fraud - If an affiliate account is suspected of any fraud, the Provider reserves the right to cancel, close, or suspend the relevant affiliate account. In this case, the affiliate is not entitled to fees accrued in the account, unless it is proven that the fees were not achieved in the process of fraud, but in legal ways that do not violate these Terms of Use.
      9. Payment Policy
        1. For every deal that came through an affiliate, a one-time commission will be given. The Provider does not offer continuous commission track, but will pay the affiliate a one-time commission for each new client he recruited for the Provider according to the program in which he participated.
        2. Advertising fees will be paid by affiliate request only after the affiliate managed to accumulate a minimum amount of $300 in his affiliate account.
        3. No payment will be transferred to the affiliate if the account has accumulated an amount smaller than $300.
        4. Advertising fees will be transferred upon presentation of a tax invoice, subject to national and international laws.
        5. The affiliate will send an orderly payment request through the system. Then he will receive a sum in accordance with the invoice. Upon receipt of the payment invoice, the affiliate will be paid according to Net 30 EOM.
        6. In cases where the client canceled the transaction (whether by law or through the credit card company), the affiliate will not be entitled to a commission.
        7. In the case where the sale was canceled after the affiliate received compensation for it, the Provider will be entitled to subtract the fee accrued from his affiliate account. In the event the affiliate is unable to gain commissions in the future, the Provider will be able to demand a refund from the affiliate for the failure to provide due compensation.
      10. Restrictions and conditions about advertising methods
        1. The affiliate will receive links (URLs) that he will be able to publish to gain commissions.
        2. In no way or manner should spam be sent through the company's services or by using the services of another company. The Provider will be able to use all means at his disposal including the termination of the services, including the option to remove the affiliate account from the network without previous notice. The Provider reserves the right not to remit payment (even if accrued before delivery of spam) to an affiliate that tries to gain commissions by using spam.
        3. The affiliate may not post the links on sites that contain pornographic material or any other illegal content by the laws of the country to which the advertising appears.
        4. The affiliate may not post the links on Google AdWords or in advertising campaigns of other search engines. You can post a link on another site or page from which the user may click on the affiliate links.
        5. The affiliate may not post the links through content that is not owned directly by the advertiser, such as a picture whose rights are protected, or a quote from a source that did not give specific permission to use it.
        6. The affiliate may not post the links using illegal computer software, such as a virus, malware application, "Trojan" and/or other comparable means.
        7. The affiliate may not use any technological means aimed to influence and to increase artificially and non-naturally profits from the program, such as robots and various traffic increasing tools.
        8. The affiliate may not offer any reward to the client in return for their actions - clicking on the link, opening a site, or any product that the Provider approved for marketing by his affiliates.
        9. Inserting advertising to screens and pages that use frames is allowed only under the condition that the user can view the publications in the site presented in their entirety and without change.
    4. The relationship between the parties
      1. Under no occurrence or situation, will there be allowed an employer-employee relationship or partnership between the Provider and the affiliate.
      2. The affiliate may not display, directly or by implication, a message that suggests there is a link or any business cooperation besides the affiliate program, between the affiliate and the company.
      3. The affiliate may not display, directly or by implication, a message that suggests that the product does not belong to the Provider or is owned by the affiliate. You have to highlight and display the Provider's trademarks and brand names when posting.
      4. The company reserves the right to terminate relationships with affiliates for any reason. In this case, a message will be sent by email and the termination shall be valid from the time it was sent. Commissions earned will be paid to the affiliate in the following month, as long as there is no suspicion of fraud whatsoever.
    5. Responsibility
      1. Under no circumstances will the Provider and/or any of his representatives be responsible for any direct, indirect, punitive, incidental, special or consequential damages or any other damages of any kind, including and without limiting the generality of the above damages for loss of use, loss of data, or loss of profits, arising from or related in any way to any delay in use and the inability to use the company's services and copyright violations arising from the content of the pages of the website.
      2. The Provider's system offers a wide range of tools that clients can use and they are provided as they are. The Provider reserves the right to decide whether to add tools to the system and the affiliate or the client will not have any right to demand things that the system does not support.

  24. Terms of Use for Experts
    1. The Provider is not responsible for the content and/or quality of work and/or authenticity of the content offered by the expert in his personal account or any other contract between him and any user using his services. The responsibility regarding the connection between the user and the expert applies to these parties only and the Provider is not a party in this matter.
    2. The expert agrees that the details he filled in the system, including personal details, are correct and complete. The expert also agrees to update this information if it changes.
    3. The expert undertakes to act in his name only and not to present himself in any event directly, implied or implicit, as if there is a link or any business collaboration besides the experts program, between the expert and the Provider. Also, in any situation, there will be no employer-employee relationship or a partnership between the Provider and the expert.
    4. It is known to the expert that any website he will design and create will be used solely in the Provider’s system and that the expert will have no claims of it.
    5. The expert confirms that with the purpose of building a website, he will not make use of any image and/or photo and/or a graphics file and/or text and/or computer code and/or any other work, that violates the intellectual property rights of any third party. Using storage images and files made available to him by the Provider is not exclusive and those can be used by other parties as well.
    6. The expert will compensate the Provider for any damages and/or costs incurred by it (including costs and attorney's fees) in connection with any action brought against the Provider related with style, substance, content and intellectual property information that the expert provides.
    7. The Provider may delete an expert website according to the provider’s sole discretion.
    8. Any website that an expert creates for their own personal use cannot be considered an expert website or be categorized and treated as such.
    9. Payments and Fees
      1. For each user who purchases a website, the expert will receive a fixed price commission as it appears in the expert program and can be found in the expert program panel.
      2. The expert user must remain active for at least 1 full month.
      3. The expert shall be entitled to request the money from the moment the expert accumulated more than $300 in his account. If after the withdrawal, the amount remaining in his expert account is lower than $300, the expert will only be entitled to request the money after the accrued amount in his account exceeds $300.
      4. Requesting money will be done only through the experts program panel by clicking the "Request payment" button. The money will be paid only via PayPal directly to the experts PayPal account. Therefore, a Paypal account is required to complete the transfer of funds.
      5. If the expert did not accumulate over $300 into his account and/or the expert is not able to issue an invoice for the Provider, the Provider is entitled not to pay the amount of commissions earned until all of these conditions are met.
      6. Payment to the expert will be carried out only after providing an invoice that will be sent to the Provider, as subject to all national and international laws.
      7. In the following cases, the expert will not be entitled to receive a commission: if the client canceled his order after a few days and/or if the transaction is not approved for billing by the credit card company or any other means of payment, and/or the content of the transaction was incorrect and in fact no order was made for a website.

  25. Changes to the Terms of Use
    1. The Provider may change these terms and conditions from time to time and without giving prior notice.
    2. The Provider will be able to publish the new terms and they will be effective from their date of publication.
       
  26. General
    1. In the event, the Provider transferred the rights, or any part thereof to a third party, the third party will be entitled to forfeit his rights under these terms and conditions.
    2. These regulations are added to any other regulations found within the system and in the case of a discrepancy, they have precedence.
    3. Non-compliance with any section of this document will be considered cause to terminate the client's account immediately and without any prior warning.
    4. The Provider will be entitled to terminate the accounts of those who violate these terms of use in whole or in part.
    5. This agreement is subject to the laws of the State of Israel only.
    6. Subject to and without limiting the foregoing, in each case and for any reason, any dispute shall be within the sole jurisdiction of the competent court of the Be'er Sheva district in Israel.
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