EL-NET, agrees to furnish services to the "Subscriber," subject to the following TOS (Terms of Service).
Use of EL-NET Services constitutes acceptance and agreement to both EL-NET's TOS (Terms of Service) and EL-NET's AUP (Acceptable Use Policy). The TOS and AUP may be changed from time to time at the discretion of the Company. Subscriber understands that changes to the TOS and / or the AUP by EL-NET shall not be grounds for early contract termination or non-payment by the Subscriber.
1. Term: Ongoing until ninety days written notice is given by either of the parties.
2. Service Cancellation:
A. EL-NET does not issue refunds except for balances on annual payments as specified below.
B. Service may be cancelled with 90 days notice via fax to EL-NET at 972-26233556. Faxed cancellation requests must be on company letterhead to the attention of "EL-NET Billing" and signed by the billing contact on record with EL-NET and include the EL-NET customer name and server IP address.
C. All more-than-one-year plans can be cancelled after expiration of the first year period with the standard 90 days notice. Subscriber will be refunded the difference between what the Subscriber has paid and what the Subscriber would have paid under the EL-NET monthly payment terms, including any setup fees that would have applied.
A. EL-NET does not extend credit to Subscribers. All services must be paid for in advance of service delivery. Subscribers will automatically be charged an amount equal to their next monthly service fees when they exceed their monthly transfer allotments, bandwidth commitments, or other pre-paid services and the charges will be reconciled at the end of the month.
B. Monthly fees and charges for extra metered services are automatically billed to your account on the monthly anniversary of the start of service. Subscriber is responsible for monitoring transfer, bandwidth utilization, and other metered services.
C. In order to prevent service interruption in the event that metered utilization exceeds pre-paid service level Subscribers must keep a valid credit card on file with EL-NET. Credit card information can be updated via fax to EL-NET at 972-26233556. D. Customers paying by credit card are charged the first business day prior to their account due date, allowing a minimum grace period of 48 hours after the first charge attempt before their service is interrupted. Charge attempts are made once per day. If a charge attempt is denied, there will be a $9.99 declined credit card fee for each unsuccessful attempt. It is the responsibility of the customer to maintain current billing information to prevent these fees. If a successful charge cannot be made upon final notice, service will be terminated pending customer response. Customers may reactivate their accounts within 3 business days after termination for a $49.99 fee.E. Customers paying by PayPal, bank transfer or check must have all dues submitted prior to account due dates. Annual Payment is required in order to pay by check. There is a $500.00 minimum transaction amount on all bank transfer transactions. Custom billing requests will incur a $24.99 fee. Returned checks will result in termination of service and will incur a $50.00 returned check charge, in addition to any service reestablishment fees applicable in order to reconnect terminated service.
F. All invoices are due upon receipt and will be considered overdue 10 days past the date received. A late fee of 1% per month will be charged on any overdue invoices.G. All fees described above must be paid in addition to the cost of services ordered to establish or maintain a customer account. EL-NET does not issue refunds or credits except as explicitly specified within the Terms of Service.
4. Adherence to Acceptable Use Policy (AUP):
A. Subscriber agrees not to allow EL-NET equipment and services to be used for activities specifically prohibited by the EL-NET Acceptable Use Policy (AUP) posted at http://www.EL-NET.com/AUP.htm. It is the Subscriber's responsibility to review this agreement prior to executing this contract. The AUP may be updated from time to time and it is the Subscriber's responsibility to regularly check for updates.
Subscribers must not allow EL-NET resources to be used for SPAM or Unsolicited Commercial Email (UCE), hosting of content advertised by UCE, perpetration of security breaches or hacking, network attacks, illegal activities, pornography, child abuse, fraudulent activity, Trademark or Copyright infringement, virus distribution, and like activities.
B. Subscriber agrees to compensate EL-NET for any expenses EL-NET may incur resulting from Subscriber's violation of the posted AUP, including any fines, fees, legal expenses, and labor for investigation and resolution. The cost of any investigations will be charged to the Customer at $99 per hour during normal business hours. Emergency investigations are charged double-time at $198 / hour with a one hour minimum.
C. Subscriber is responsible for any activity conducted on their server, including unauthorized activity by hackers. This includes any AUP violations or bandwidth or transfer usage caused by hackers. EL-NET will endeavor to assist Subscriber but EL-NET is not responsible for protecting Subscribers from hackers and their actions and use of Subscriber's server.
D. EL-NET does not monitor Subscriber content and activities but reserves the right to disable service or remove content pending investigation of possible AUP violations without first giving notice.
E. EL-NET does not issue refunds for terminating service due to suspected AUP violations.
5. Ownership of Data, Software, Hardware and IP addresses:
All software, hardware and IP addresses provided by EL-NET are leased to the Subscriber and remain the property of EL-NET. EL-NET reserves the right to change any network infrastructure, software, hardware and IP addresses at its sole discretion.
Subscriber will provide and transmit to the system software, data and content to be uploaded to the servers and accessed by the general public via the Internet. Upon termination of this agreement, Subscriber agrees to remove all uploaded software, data and content prior to the termination date of the contract. EL-NET will not be responsible for providing access or copies of the software, data or content stored on the system after the final termination date.
6. Service Levels:
A. EL-NET may interrupt service to perform maintenance. EL-NET will use its best efforts to inform Subscriber before interrupting service to insure that access loss is minimized. In the event of equipment malfunction or failure, EL-NET will provide its best efforts to repair the system as quickly as possible.
B. Subscriber is responsible for maintaining security patches and performing back-ups unless those services are specifically contracted to EL-NET. In the event that EL-NET suspects that server security has been breached, EL-NET reserves the right to disable the server in order to facilitate investigation and recovery in coordination with Subscriber.
C. Subscriber agrees that EL-NET shall not be responsible for any service interruptions.
7. Requirements for using Microsoft software:
A. Subscribers with more than five authenticated users of the Microsoft Windows Server Operating Systems are required to lease an authenticated license from EL-NET.B. Subscriber may not change the EL-NET administration account password without first providing the new password to EL-NET. Subscriber agrees to facilitate EL-NET's need to demonstrate to Microsoft appropriate licensing and utilization of Microsoft software. C. Subscriber cannot remove, or obscure any copyright, trademark or proprietary rights notices that appear on the Microsoft software products or that appear during use of Microsoft software products.D. Subscriber cannot reverse engineer, decompile or disassemble the Microsoft Software Products.E. Microsoft does not provide a warranty to the product or have any liability for damages that arise from the use of Microsoft software products provided by EL-NET.
F. Microsoft does not provide product support.
8. Limitation of Liability, Indemnification:
A. Upon the discovery of facts which reasonably indicate that EL-NET has breached the terms of this agreement or otherwise failed to perform its obligations under this Agreement, been negligent, or otherwise breached legal duty, Subscriber shall promptly notify EL-NET of such facts and follow up any such verbal notification with a written notice within 30 days of such discovery. The failure to give the foregoing notices shall constitute an irrevocable waiver of all claims and causes of action. Subscriber must commence any legal action against EL-NET with respect to this Agreement within 12 months after the incident giving rise to the claim or cause of action, regardless of when the incident is discovered. If proper notification is given to EL-NET as requested by Subscriber anytime during the twelve (12) month period following such notification, EL-NET shall at its sole discretion and option (i) revise or repeat free of charge the service affected by the failure of performance, negligence or breach, or, (ii) terminate this Agreement and pay Subscriber for all incidents, problems, and/or failures up to a maximum of all sums paid to EL-NET for service fees. Payment will be made via company check from EL-NET. The remedies set forth in this paragraph are Subscriber's sole and exclusive remedies should EL-NET breach the above express warranty or otherwise fail to perform its obligation under this Agreement, be negligent or in breach of legal duty.
B. The parties acknowledge and agree that EL-NET shall not be held liable for any consequential damages, including without limitation loss of use or loss of profits, incurred by Subscriber, Subscriber's Subscriber or customer or its subsidiaries or successors, regardless of whether such damages are sustained based upon as alleged breach of contract, negligent act, or omission.
C. EL-NET is not responsible for data or content maintained and distributed by EL-NET facilities. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. EL-NET DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. EL-NET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
A. The parties agree that any and all disputes, claims or controversies arising out of or relating to this agreement that are not resolved by their mutual agreement shall be submitted to before the Jerusalem Court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees and expenses, including attorneys fees, to be paid by the party against whom enforcement is ordered.
B. No delay, failure or discontinuance (whether partial or total) of any party in exercising any right, power, privilege or remedy thereunder shall effect or operate as a waiver or any other such right, power, privilege or remedy.
C. The agreement contains the sole and entire agreement of the parties with respect to the services to be provided by EL-NET, and any and all prior or contemporaneous communications, negotiations, commitments, and understandings related thereto are hereby merged herein.
D. EL-NET reserves the right to amend or otherwise change this agreement by publishing the updated service agreement on the EL-NET Web site at http://www.EL-NET.com/ServiceAgreement.htm. Subscriber may reject the revised agreement and cancel service with 90 days written notice if the amended terms are not acceptable to the Subscriber.
E. This Agreement shall be construed and enforced in accordance with the laws of the State of Israel, as applied to Israeli residents with respect to transactions entered into and to be performed entirely within the State of Israel.
F. All written communications shall be directed to the Subscriber using the contact information provided to EL-NET at the time of order unless otherwise instructed in writing by Subscriber. All fees due EL-NET should be mailed to ELIE PAVIE Associates, P.O.Box 37039, Jerusalem-91370, Israel.
Subscriber has reviewed the current Acceptable Use Policy and this Terms of Service and Subscriber and EL-NET hereby agree by making use of the EL-NET service.