הבדלים בין גרסאות בדף "Terms of Service"

מתוך ויקי נטפרי
קפיצה אל: ניווט, חיפוש
 
שורה 22: שורה 22:
  
 
#In order to establish the service, the customer must connect to an Internet access service provider, who cooperates with Netfree, as much as this option is available or to receive from Netfree the link to download the software, and to create a Netfree account with a user name and password, through which he can determine his personal filtering settings and manage his requests to Netfree.
 
#In order to establish the service, the customer must connect to an Internet access service provider, who cooperates with Netfree, as much as this option is available or to receive from Netfree the link to download the software, and to create a Netfree account with a user name and password, through which he can determine his personal filtering settings and manage his requests to Netfree.
#A customer who has started the registration process for Netfrey Services and has not completed it may be disconnected from the browsing service and must contact his Internet service provider to renew the browsing service or terminate the registration process.
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#A customer who has started the registration process for Netfree Services and has not completed it may be disconnected from the browsing service and must contact his Internet service provider to renew the browsing service or terminate the registration process.
#It is the responsibility of the customer to check with Netfree or the ISPs (for these conditions, an ISP, including a mobile surfing service provider) who cooperates with NetFree to meet the required technological requirements with respect to the end equipment it accesses and the bandwidth required for efficient browsing while using the Service.
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#It is the responsibility of the customer to check with Netfree or the ISP (for these conditions, an ISP, includes a mobile surfing service provider) who cooperates with NetFree to meet the required technological requirements with respect to the end equipment it accesses and the bandwidth required for efficient browsing while using the Service.
#It is clarified that technological requirements may change from time to time.
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#It is considered clarified that technological requirements may change from time to time.
  
 
===Cancellation===
 
===Cancellation===

גרסה אחרונה מ־12:47, 6 בנובמבר 2019

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DISCLAIMER: FOR ANY DIFFERENCES THAT ARE FOUND BETWEEN THE HEBREW VERSION AND THE ENGLISH VERSION - THE HEBREW VERSION WILL BE BINDING.

The text was written in male form for convenience but it refers to males and females alike.

The service

  1. Netfree provides content filtering service as part of Internet browsing with regard to stationary and mobile Internet access.
  2. Filtering is done through software that the user loads to his computer and / or cellular equipment and / or through a link to Netfree's systems, and the client's permission to allow Netfree to operate on the computer or device where the software is installed.
  3. The Customer acknowledges and agrees that by installing the Software, Netfree has the possibility to observe and intervene in various operations performed on his Device, including limiting it while maintaining a computerized link to Netfree Systems.
  4. The manner of filtering, the filtered content, and those that remain accessible are determined by Netfree's absolute discretion, which operates in accordance with the spiritual guidelines of the Rabbinical Committee. Without obligating Netfree, as a rule, the filtering works based on the whitelisting method, so that only sites that have been tested by Netfree are accessible to the user who uses Netfree service.
  5. Filtering can involve blurring images and removing images and texts from sites that remain accessible. Netfree reserves the right to use any means it deems appropriate within the Service to prevent exposure to unauthorized content. In addition, the service may direct the user to a site specifically tailored to the ultra-Orthodox sector and not necessarily to the main site.
  6. Netfree cannot guarantee that the user will be completely blocked from content that is unworthy due to the dynamic nature of the Internet, but will make its best reasonable effort to minimize these cases.
  7. It is known to the Client that during his browsing of the Internet, he may be identified by various websites, including trade sites, as referred to by Netfree - which may reward Netfree as a referrer. The customer agrees to this situation and declares that there is no claim or demand on Netfree regarding this matter.
  8. In accordance with the relevant technological advances and in accordance with the guidelines of the Spiritual Committee, Netfree may periodically change its composition and terms of service and characteristics. To the extent that Netfree makes such a change, it will make reasonable efforts to notify the Customer in advance.

Establishing service

  1. In order to establish the service, the customer must connect to an Internet access service provider, who cooperates with Netfree, as much as this option is available or to receive from Netfree the link to download the software, and to create a Netfree account with a user name and password, through which he can determine his personal filtering settings and manage his requests to Netfree.
  2. A customer who has started the registration process for Netfree Services and has not completed it may be disconnected from the browsing service and must contact his Internet service provider to renew the browsing service or terminate the registration process.
  3. It is the responsibility of the customer to check with Netfree or the ISP (for these conditions, an ISP, includes a mobile surfing service provider) who cooperates with NetFree to meet the required technological requirements with respect to the end equipment it accesses and the bandwidth required for efficient browsing while using the Service.
  4. It is considered clarified that technological requirements may change from time to time.

Cancellation

  1. Netfree will be entitled to cancel the contract and not provide the service to the customer, or alternatively delay the delivery of the service to the customer, in the event that the customer has breached his obligations as stated in this agreement and / or under the terms that he has agreed with Netfree, and will not amend what is required, within 15 days of receipt of the notification from Netfree.
  2. Netfree may terminate any of its services, including all, with a 30-day notice.
  3. The Customer may request termination of service by providing a written notice to Netfree which includes the Customer's identification information. Netfree may contact the customer to verify that he is behind the request. Netfree will determine the manner of submission of the application and may reduce it to a request by means of an interface that is available on the Netfree website or on the general interface of the service.
  4. The service will be discontinued within 3 working days, and the date will be deferred if Netfree contacted the customer during the period in question to ascertain that he was behind the request and the client was unavailable. In any event, the termination of service will not constitute grounds for reimbursement as the customer has paid for the monthly billing period during which the disconnection was made.
  5. A customer who has disconnected from Netfree Services may be required by his ISP or mobile service provider to obtain a new name and password from the ISP or a new mobile SIM, as appropriate, to renew Internet access.

The Payment

  1. For the provision of the service, the customer will pay a fixed monthly payment, in accordance with the agreement between the parties.
  2. The fixed monthly payment for the service will be charged by Netfree through the client's payment method delivered to Netfree or through the customer's payment method provided to his Internet service provider or by any other entity that collects for Netfree.
  3. The date of commencement of the service, for the purpose of charging the customer for his use, shall be considered the date on which Netfree completed the customer's connection to the services, according to Netfree's records.
  4. Payment will be made in advance for the entire billing period.
  5. The consideration agreed upon with the customer relates only to the services included in the summary and the scope and conditions specified therein. Any additional service, extension, addition, modification, improvement, update, and removal of any enhancements or additions shall incur additional payment on the Customer's part in accordance with Netfree's price or in accordance with any documented written or other external and reliable means between the Customer and Netfree's authorized representative or Digital Agent on its behalf.
  6. The Payment may be in accordance with the billing periods determined by Netfree from time to time, and according to the latest amounts and conditions in Netfree's price list. The payment may be fixed and / or according to the extent to which Netfree's services are used or the customer's actions within the service.
  7. Netfree may from time to time change the tariffs charged to the customer by notifying the customer, as well as setting a price for the services provided free of charge.
  8. Netfree will be entitled to full payment for the entire billing period, even if the customer was not connected to the service, during the entire billing period, and even in cases where Netfree services were disrupted.
  9. The Customer's payments do not confer upon him any proprietary right in the Netfree Infrastructure, its applications or licenses or its suppliers, or any tangible or intellectual property of Netfree's or of its suppliers.
  10. The Customer hereby agrees that invoice delivery will be made only electronically to an email box provided by the Customer to Netfree, or as part of the invoice on behalf of the ISP whose service he is subscribed to.

Availability and absence of warranty

  1. Services are provided to the customer on an "AS-IS" basis. It is clear to the customer that Netfree does not make any explicit or implied representation to the level of filtering and the suitability of the Services for a particular use.
  2. The Customer agrees and is aware that the service is inherently subject to outages and / or interruptions and / or disruptions, that Netfree does not undertake to provide the Services (including internet access and information) continuously and without interruption, and that there may be cases where inappropriate content may reach the equipment or a third party may be able to bypass the services and post inappropriate content.
  3. The customer is aware that the service may impair the quality of Internet browsing when using the service. The Customer exempts Netfree from liability for any damage and / or inconvenience that may be incurred by him and / or any third party for the use of the Service.
  4. The parties agree that in their relationship, the immunity provided for in sections 40-41 of the Communications (Bezeq and Services) Act 1982 ("the Law") shall apply, even if it does not apply to Netfree under the provisions of this Law.
  5. It is hereby clarified that Netfree will not be liable for damages which may be caused to the customer due to the service connection and / or disruption or interruption thereof.
  6. The Client is aware that Netfree is not part of his relationship with the ISP and that it does not assume any responsibility regarding the ISP's conduct towards the Client, including with regard to the Client's payments to the ISP and the quality of its services.
  7. In any event, Netfree's sole liability, whether under contract law, tort or any other law, shall be limited to the amount actually paid for the services provided by him under this agreement during the six months prior to the creation of the debt or up to ₪1,000, the lesser between the two of them.
  8. It is hereby clarified that the information and data transmitted under the Service is not secure and Netfree is not responsible for their security.
  9. Netfree is not responsible for any damages arising from the distribution of software and / or malicious files that originate with the client or any third party.
  10. Use of the service under this Agreement is at the sole responsibility of the Customer. The Customer shall be solely responsible for any damage caused to him as a result, as a result of and / or in connection with the use of the Service.
  11. The Customer will not come with a complaint to the Internet Access Provider, in any claim regarding Netfree's failures or acts in connection with the Service, to the extent that the Internet Service Provider has enabled the Customer to register for Netfree Services.

Privacy

  1. It is known to the customer that the details of his browsing of the Internet are exposed to Netfree as an integral part of the provision of the service.
  2. Netfree may collect, document and make use of every detail about the customer, including his financial charges, location data, patterns of use of Netfree's services and the uses made of his services, whether the information was obtained from the customer and / or the user or from any other source (hereinafter: "information").
  3. Netfree may use the information without identifying the customer or the user to third parties, on its own and / or through third parties acting on its behalf to perform statistical and marketing analysis and segmentation, for the development of services, advertising and delivery to the customer or others, marketing and / or offering various offers. Not necessarily in relation to Netfree Services to the customer and / or other users of Netfree Services.
  4. Netfree may provide information about the customer or its users without the permission of the customer, including information that identifies the customer to any third parties in order to use it in the following cases: for the purpose of monitoring / maintaining the integrity and / or the nature of its systems and / or the service and protecting its operations and users, checking Compliance with any law, or required for the provision of Netfree services, including their management, development, marketing, protection of its rights or rights of any party, collection of funds and generating accounts .
  5. The Customer hereby agrees to receive commercial or other advertisements and / or updates and / or any marketing material whether or not related to Netfree's services, to any of the means used by the Customer to use Netfree's services, including during or prior to use of any one of the Services, including : To his e-mail box, or while browsing the Internet, or within the equipment menus connected to Netfree Services, or during or before consuming content and media or communications services provided by Netfree. The customer will not make any claim to Netfree that the receipt of the materials in question has resulted in a failure to enjoy the services, or to delay their supply or to infringe on rights or privacy breach. Notwithstanding what was mentioned above in this subsection, the Customer may request from Netfree by contacting its service centers that it will not send any advertisement which applies to it, Section 30A of the Communications Law (Bezeq and Broadcasting), 1982.
  6. To avoid any doubt, it is hereby clarified that the provisions of this chapter shall not derogate and / or exhaust Netfree's rights to collect, use and / or disclose information under any law, and that the provisions of this chapter are to add to the provisions of any law.
  7. To avoid any doubt, the foregoing shall not prevent Netfree from responding to any instruction from a competent authority to provide and transmit information about the Customer to it.

Affiliation with a community

  1. The Customer may request affiliation to a particular community of subscribers from the subscriber communities established by Netfree for service needs.
  2. Netfree may set unique service characteristics for each community in coordination with the community representative, as it may be from time to time, for example: the types of sites and content to which access will be made.
  3. The Customer hereby consents, notwithstanding paragraph 6 above, to transmit the information as defined in section 6 above for perusal and use of the Community Representation, including: subscribed or associated service routes, Internet browsing times, disconnection from the service or community, and so on.
  4. The Client removes any allegations made to Netfree regarding the transfer of the above information to the Community Representative and any use that the Community Representative may make with it.

Intellectual Property

  1. All Intellectual Property Rights in the Service, in the software involved in the provision of the Services, are the sole property of Netfree or its third party or other third parties, including copyrights, proprietary rights, patents and designs, names, logos and trademarks, whether registered or unregistered, trade secrets and business information, including the technological information involved in it including the algorithms, methods, systems, databases, applications, graphs, computer codes, written materials and / or any other material or information contained therein, including designs and graphics (hereinafter: "Intellectual Property") ).
  2. The client is aware that the intellectual property rights granted to him are personal and for personal purposes only.
  3. The Customer undertakes not to use any intellectual property, including to copy, distribute, display or perform publicly, reproduce, market, sell, rent, edit, disclose to third parties, modify the design and / or graphic interface of the Service, create derivative works or make any use thereof any commercial intellectual property and / or any part of it, either by him or through or with the help of a third party, without the prior written consent of Netfree.
  4. To the extent that the client receives from Netfree the possibility of using software provided by Netfree for the purposes of using the Service, he will, at the end of its term, allow Netfree to remove it and make no more use of it. The Customer agrees that Netfree may make necessary changes to his equipment and settings, including through remote access, to prevent the customer from accessing its services upon termination of use.
  5. The Customer's obligations in this section shall remain in effect at all times.

Customer Statements and Commitments

  1. As part of the customer's use of Netfree Services, the customer undertakes as follows:
    1. Avoid damaging and / or interfering with and / or limiting the use of the Service and / or performing any act that may infringe on the rights of Netfree, its suppliers, other customers, users of the Services or any third party. The Customer will reimburse Netfree immediately upon demand to do so, for any damage and / or loss and / or expense (including legal expenses) incurred by it and / or any third party as a result of his use and / or use thereof and / or service including for damages and / or losses and / or expenses incurred as a result of a breach of a provision of the agreement and / or action contrary to the instructions given to the customer from time to time.
    2. That he will not use or permit the use of Netfree Services for any unlawful and / or wrongful and / or infringing intellectual property rights of Netfree and / or any other third party And / or any other third party and / or action that violates another's privacy under any law.
    3. Shall act in good faith and in an acceptable manner, and will use the service fairly and shall not do or act in any way that is or may be considered misuse.
  2. It is hereby clarified that the permission to use the Service under the terms of this Agreement is for Customer only for non-commercial private use. Customer will not allow use of any kind and kind, whether in return or in exchange, after. The Customer will keep confidential the means of access to Netfree's services provided to him by Netfree, will not pass on this information to any third party without the prior written permission from Netfree and change his passwords, as is possible, from time to time, in a way that will not allow third party unauthorized use of the Services.
  3. The Client undertakes not to endorse or otherwise transfer this Agreement or its rights thereunder. The service is provided to the customer for his own personal use only, and he undertakes not to trade or allow the use to others without the prior written consent from Netfree. It is clarified that such an attempt will be void and will constitute a fundamental breach of the Agreement.
  4. The Customer undertakes to cooperate with Netfree as much as is reasonably necessary to enable Netfree services to be provided, including providing free and secure access to equipment. The customer will also allow Netfree or anyone on his behalf to make engineering and other changes to the equipment that he has for use of the service, including through remote access.
  5. Without detracting from the terms set forth in this section, the Customer undertakes not to take any action to circumvent or remove the limitations inherent in Netfree Services.
  6. The Customer declares that he is authorized to order the Service with respect to the Internet Service Subscription for which the Service applies, and he undertakes to notify all users of the Internet Services in question that their network activity is exposed to Netfree as specified in Section 6 of these Terms. He also undertakes to notify all users of the web services in question of these Terms of Use and obtain their consent.
  7. The Customer undertakes immediately upon receipt of a demand to do so, to reimburse Netfree or any of its suppliers for any loss / expense / damage / loss (including legal expenses) incurred as a result of the Customer's act / omission in connection with the Service under this Agreement and Netfree's terms and conditions to its suppliers or other third parties including as a result of Customer's use of the Service, including for damages and / or losses and / or expenses incurred as a result of a breach of a provision of the Agreement and / or action contrary to the instructions given to the Customer from time to time.
  8. The Customer hereby declares that his acceptance of these Terms constitutes an agreement by all users of the means of Internet access that the Service is activated for, and that all of the above users know of all the details of these Terms, in particular with regard to the details set out in Sections 6 and 7, and has obtained their consent. The Customer declares that he is responsible for all acts of users towards Netfree with respect to the Service, and if any of them make requests or claims against Netfree, the Customer will reimburse Netfree in respect to all their demands and shall bear all Netfree's expenses in respect to such requests.

General

  1. In the event of any contradiction and / or inconsistency between these Terms of Use and any other publications, Netfree's records and procedures will constitute decisive evidence on all matters related in any way to this service.
  2. An ultra-Orthodox Jerusalem justice tribunal will have exclusive jurisdiction to hear out any dispute or disagreement regarding these Terms of Use. In any case where this Court of Justice cannot hear such dispute or dispute, the exclusive jurisdiction will be remanded to the Courts of the City of Lod.
  3. It is clarified and agreed that Customer Information, as provided by him upon joining the Service, including the email address provided by him or known to Netfree at the time of joining the Service, shall constitute his address for the purpose of sending messages by Netfree, including the sending of advertisement messages. To the extent that the customer has joined the service through a third party, the customer allows the same third party to transfer to Netfree all the details contained in that third party.
  4. Any message sent by Netfree to the customer shall be deemed to have been received by the customer within three business days from the date of shipment, whether sent by Israeli Post or sent to the e-mail address, and whether delivered by hand or transmitted by facsimile - upon receipt of its delivery or transfer, as applicable.