This agreement is a legally binding contract between
you and KosherNet relating to the KosherNet service
and software products and any supplemental media,
text, printed matter and "online" or other
electronic listings or technical manuals describing
the operation and use of programs. You are
consenting to be bound by the following terms and
provisions of this arrangement. You must be at least
18 years of age to purchase any KosherNet service.
Additional terms and conditions will be extended as
required with advanced or adjusted services.
Accountability
You are accountable for all actions and all charges
on your account statement. Violations of any of the
terms or provisions of this Agreement or any illegal
or corrupt activity will be cause for prompt expiry
of service without notification by KosherNet.
Copyrights and Trademarks Notification
The Software and any Associated Relevant Materials,
whether in written, electronic, or digital media,
are secured by United States copyright and trademark
laws and international treaty provisions. KosherNet
and its licensors retain all license, title and
possession in and to the Software and any Associated
Materials, as applicative. You promise to use your
finest attempt and take all rational measures to
protect the Software and the Associated Materials.
You agree to reserve the Software and the Associated
Materials in trust and take all requisite efforts to
confirm that means to any part thereof is not
afforded to any person or that which is perceived or
known to have its own distinct existence other than
your genuine staffer or spokespersons whom
necessitate such access to allow you to utilize the
Software and Associated Materials in conjunction
with this Agreement. This Agreement does not yield
any rights regarding the service marks, trade marks,
logos and trade names affiliated with the Software
and Associated Materials. All rights not explicated
in this Agreement are reserved by KosherNet.
License Permit
This Agreement gives you the controlled,
non-privileged, personal, non-assignable (except as
provided hereunder or explicitly otherwise in
official KosherNet publicized material) license to use the Software and
its Associated Materials on an individual computer.
A transcript of the Software and all Associated
Materials in an electronic media are "in use" in a
computer when consigned into the temporary memory
(i.e., RAM) or placed into the permanent memory
(e.g., hard disk, CD-ROM, or other memory mechanism)
of that individual computer. Emplacement of the
Software or Associated Materials on a network server
establishes "use" that must abide by the terms and
conditions of this Agreement. Also, you may not
reverse engineer, alter, or convert executable
(ready-to-run) program codes (sometimes called
object code) into some form of higher-level
programming language so that it can be read by a
human or disassemble the original Software, any
Associated Materials or any copy thereof. KosherNet
moreover gives you the right to (a) make one copy of
the Software and one copy of the Associated
Materials in an electronic media only for safety or
purposes relating to or contained in or serving as
an archive or (b) transfer the Software and any
Associated Materials in electronic media to an
individual hard disk; on condition that you maintain
the original only for safety or purposes relating to
or contained in or serving as an archive.
Other Restrictions
Except under other circumstances outlined in this
Agreement, you may not (a) Reproduce or otherwise
duplicate the Software or any Associated Materials,
(b) Vary or produce imitative copies established on
the Software or Associated Materials, (c)
Disseminate replicas of the Software or Associated
Materials by vending or various relocation of
ownership, (d) Sublicense, let for money,
subcontract or loan the Software or Associated
Materials, or commercially take advantage of or
otherwise gain money or materially from the Software
or Associated Materials, or (e) Present the Software
or Associated Materials in a manner accessible to or
observable by the public. You or any third party may
not farm out, sublease, adjust, vary, reconstruct,
allocate, reproduce, remove, or otherwise utilize
the Software or Associated Materials other than as
written in this Agreement. You are for the express
purpose forbidden by law from any forwarding of the
Software or Associated Materials, electronically or
in other respects or ways over the Internet or by
means of any other media, to any third party. You
may not approach any KosherNet service by any means
other than the one KosherNet renders.
Conditions and Nullification
This Agreement is operative on the date you download
and register the Software or when you click the
agreement box on Koshernet's website, and extends in
effect for the length of the initial condition you
have chosen and purchased ("Initial Term"). Upon
termination of the Initial Term and any subsequent
term, this Agreement shall act to renew for a term
same in length of time to the Initial Term ("Renewal
Term"). You will be billed for the authorization and
service fees for the applicatory term as expressed
within this document (see "Billing and Payment").
Either party (KosherNet or you) may discontinue this
Agreement at any time. This Agreement also will end
automatically if you do not act in accordance with
any term or stipulation of this Agreement. Promptly
upon termination of this Agreement for any cause,
the license given hereunder and your right to
utilize the Software and/or Associated Materials, as
applicable, discontinues (without any form of
notification) and all rights hereunder return wholly
to KosherNet. You agree upon termination to
instantly destroy (a) The Software and any
Associated Materials and all of the component parts
of the Software and any Associated Materials; and
(b) Any representation of the original Software and
any Associated Materials and the component parts of
same. All rights not expressly granted are returned
to KosherNet, and nothing in this Agreement
legitimizes a waiver of any rights under copyright
laws or any other federal or state law or treaty.
Whereupon you wish for KosherNet to dissolve your
account, you must email KosherNet at
Sales@Koshernet.com.
Per agreement terms as posted on the Koshernet
website, depending on the type of product or service
purchased, if you terminate your account before the
end of its initial contracted term, you may be
liable and automatically billed for early
termination fees. If you received equipment and do
not return equipment provided to you, you may be
liable and automatically billed for the equipment.
KosherNet Billing and Payment Systems
KosherNet will (with your permission hereby granted)
automatically bill your statement for the applicable
permit and service fees at the latest rate for
KosherNet end users at the time of each Renewal
Term. KosherNet preserves the right to alter dues or
billing plans at any time and at various times,
which such dues shall be operative upon notice to
you or 30 days after KosherNet prints such rates on
its website, whichever occurs earlier. You may
obtain the current rates at www.koshernet.com.
KosherNet may endeavor to notify you of rate changes
but is not bound to do so. KosherNet over the
Internet accepts credit cards as remuneration for
services delivered. The subscription fee is billed
and accumulated in advance. There is no partial
credit for unused portion of billing periods. You
may also be billed a one-time activation, setup or
delivery fee at the start of your agreement, as
described on the Koshernet website. You must keep an
active and valid e-mail account for the duration of
your subscription. You must keep an active, valid
credit card on file with KosherNet. It is your duty to inform the KosherNet billing department of e-mail address
deviations and credit card information changes.
Unpaid subscription fees due to credit card charge
decline may render filtering or internet access
inoperative, or inaccessible. Late charges or service fees may be
administered if accounts are 30 or more days past
due and will not be relinquished if you do not
receive notice due to having no e-mail account, an
e-mail account set up to filter KosherNet e-mail
correspondence, or an invalid account. Any account
that is 60 or more days past due will be dissolved
by KosherNet and may be canceled at the inclination
of KosherNet. KosherNet will add a late fee or
service charge of 1.5% per month for past due
accounts. The due date is the corresponding
numerical date for any given month or year, as
applicable, on which the applicable term started.
Due dates that fall on the 29th, 30th or 31st in a
month without such a numerical date will then be
billed on the last day of that month. Annual fees
will automatically be charged on your due date.
KosherNet is not liable, and will not currently,
make a proportional settlement or distribution to
refunds.
All KosherNet pricing is designed for one location
and one user account unless otherwise documented in
a written statement by KosherNet. Specifically, you
have 1 service loading permitted to you for the
first purchase price unless otherwise agreed upon in
writing by KosherNet. This service loading can not
be utilized numerous times by a single user to
systems under their control. In addition to all
legal remedies, either in this Agreement or by law,
availed to it, KosherNet keeps the right to
automatically end the service to any single user who
misuses this provision.
Conduct Stipulation
KosherNet will not tolerate improper conduct
regarding the use of any of its services including,
but not only behavior which is illegal, deceitful,
indecent, dishonorable, an infringement of copyright
or trademark, gambling, invasion of privacy, or any
unauthorized undertaking to procure or use
facilities which are the property of KosherNet, its
customers or vendors. Any attempt to attain
unauthorized access, avoid security or disrupt
services will force KosherNet to bring a criminal
action against any individual(s) resulting in
immediate prosecution to the fullest extent of the
law. Violations of good conduct will result in
immediate dissolution resulting in termination of
services without notification and may result in
damages owed to KosherNet.
KosherNet Services
While KosherNet works to provide the highest quality
of service, the Internet world is not flawless and
there will therefore be unstable outages
periodically. KosherNet makes every practical
attempt to minimize the duration of a malfunction.
Down time is not cause for refunds or credits.
KosherNet holds the right to increase, alter, or rid
services and charges for services in order to better
serve its subscribers.
Filter Service
KosherNet’s filtering service works to protect its
customers from viewing material they do not wish to
see, however we are not an impenetrable firewall. We
cannot protect you from things that will harm you or
your computer such as viruses, worms, data miners,
etc. Any attempt to bypass, discard, alter or
otherwise disrupt the filtering system will be cause
for termination of KosherNet services. Safeguards
within our system to defeat hacking may freeze the
PC if filter removal is attempted without utilizing
the uninstall password. KosherNet has the option to
disconnect the customer and disable certain aspects
of the subscriber’s computers. KosherNet accepts no responsibility
for technology or user activity that causes the
filter to be overcome. KosherNet also accepts no
responsibility for any material or website that
might evade the filtering system. No filter is 100%
able and KosherNet does not represent the filtering
service as 100% equipped and ready for service at
all times.
Warranties Disclaimer and Risk of Loss
The software and accompanying materials are rendered
in agreement that the buyer accepts the delivery of
services in the condition which they are found and
with all risks without warranty of any kind and the
entire venture as to satisfactory quality,
operation, accuracy, and undertaking is with you,
the end user. There is no warranty against hindrance
of your pleasure or against transgression with
respect to the software and associated materials.
There is no warranty that the software or the
associated materials will render any of your
particular purposes or requirements. There is no
tacit warranty of benefit for the usual purposes to
which such software or associated materials are
utilized. There is no warranty, representation or
guarantee that the software will constantly operate
or be free of failure or that any problems will be
rectified. Should the software or any of its
components test defective or unusable in any manner,
you (and not KosherNet or its affiliates or
representatives) accept the whole cost of all
necessary servicing, refurbish or correction. Also,
KosherNet does not warrant, ensure, or make any
representations in relation to the application of,
or the results of the application of the software
either in terms of its power to ascertain unlicensed
access, its accordance with hardware or other
software, its dependability or otherwise; and you
rely on the software and its operation entirely at
your own risk. Any and all other representations and
warranties including but not limited to any implied
warranties of merchantability and/or condition of
the merchandise for a particular use or requirement,
grade of excellence, course of dealings, usage of
trade, error in content caused by KosherNet’s lack
of success to perform with fair care, quiet
enjoyment or non-infringement are hereby expressly
disclaimed.
KosherNet shall not, nor shall any of its
subordinate or subsidiary associates, persons
authorized to serve in a position of authority,
those controlling resources and expenditures, any
representative acting on behalf of other persons,
any company that markets merchandise, franchisees or
persons hired to work for KosherNet be responsible
for the installation, operation or upkeep of
equipment, software or other services or products
not provided by KosherNet or its associates. No
advice or data given by KosherNet, its associates or
its contractors or their respective workers shall
bring into existence a warranty. Neither KosherNet
nor its associates, nor its network provider warrant
that the act of help or assistance will be
transmitted error free, or that any information,
software or other material available on the Internet
is free of viruses, worms, Trojan horses, or other
destructive elements. You assume total
responsibility and all risk for your and any
authorized person employing KosherNet’s services. It
is exclusively your obligation to measure the
accuracy, completeness and utility of all opinions,
advice, services, and other information, and the
quality and state of being purchased or sold
including all merchandise provided over the
internet. Nothing in this contract shall be
interpreted to bind KosherNet to maintain and
support the software and associated materials during
the duration of this agreement.
Software, programs or information provided by
KosherNet, either online or by any other means, such
as CD, are provided as-is, with no guarantee,
warranty or responsibility for its performance,
quality or functionality. Any responsibility for the
performance and effect of programs or information is
by the user or the software’s or information
vendor’s, manufacturer or original source.
Your Remedies
KosherNet’s entire obligation and your exclusive
remedy under this Agreement for any conflict with
KosherNet shall be the conclusion of this Agreement.
You understand that filter service subscribers are
not eligible for a refund. Early termination of your
account may trigger early termination fees.
Termination may be delivered via e-mail at
sales@koshernet.com.
Indemnification
You will make amends for and hold harmless,
KosherNet and its subordinate or subsidiary
associates, persons authorized to serve in a
position of authority, those controlling resources
and expenditures, any representative acting on
behalf of other persons, any company that markets
merchandise, franchisees or persons hired to work
for KosherNet from any and all losses, for any sum
of money paid in compensation, costs or other amends
incurred by such indemnified parties (including
court costs and legal fees) to the extent arising
out of your use or improper or excessive use of the
Software or the Associated Materials and/or your
breach of this Agreement.
Just Remedies
You hereby agree that, if the terms of this
Agreement are not fully implemented, KosherNet will
be damaged to an irreparable degree, and therefore
you concur that KosherNet shall be entitled, without
bond, other security, proof of damages to allot
equitable remedies with respect to any breach(es) of
this Agreement, in addition to any other available
remedies.
Damages Limitations
Under no circumstances and in no event shall
KosherNet, its associates, its contractors or its
official representatives be responsible to you or
any third party for direct or indirect damages,
including any loss of finances, lost savings, loss
of information or other incidental, punitive or
consequential damages arising out of your (or any
authorized user’s) or any unrelated party's use or
unfitness to utilize the software, any associated
materials or any KosherNet service, or your (or any
authorized user’s) or any unrelated party's reliance
or use of data, services, or product provided on or
through the Internet, or that result from errors,
mistakes resulting from neglect, the act of delaying
continuity, deletion of files or other informational
loss, errors, defects, delays in operation, service
or transmission or any failure of performance, even
if KosherNet or any official representative of
KosherNet has been counseled of the possibility of
such damage. In no event will KosherNet’s liability
(if any is imposed notwithstanding the terms of this
agreement to the contrary) surpass the amount of any
fee(s) remunerated to KosherNet by you arising out
of in connection with your use of the software and
associated materials. KosherNet will not be
responsible for any claim by a third party. Because
some states and countries do not allow the exclusion
or limitation of consequential or incidental
damages, the above limitations may not apply to you.
U.S. Government Restricted Rights
KosherNet produced the Software and the Associated
Materials entirely with private funds. All KosherNet
products and related written materials are provided
with restricted and limited rights. If you are an
agency of the United States government, then the
Software and Associated Materials shall be
"commercial computer software" and "commercial
computer software documentation," respectively, as
such terms are used in 48 C.F.R. 12.212 and 48 C.F.R.
227.7202 (and their respective successors, as in
effect from time to time). In accordance with such
provisions, the Software and Associated Materials
are provided to all United States government end
users with only those rights set forth in this
Agreement.
Miscellaneous
This Agreement is governed by the laws of the State
of New York, U.S.A., excluding any conflict of laws,
rules or similar principals. Any action arising out
of any dispute with respect to this Agreement shall
only be brought in the state or federal courts
located in Kings County, (Brooklyn) New York. If any
provision of this Agreement is held to be illegal,
invalid, or unenforceable, then that provision shall
be fully severable from this Agreement and shall not
affect the legality, validity, or enforce ability of
the remaining provisions of this Agreement. You
acknowledge that the Software and the Associated
Materials may be governed by laws, rules and/or
regulations, including, without limitation, the laws
and regulations of the United States, which restrict
the import, export, and re-export of certain
software, technical data and other materials. You
agree that you will not, directly or indirectly,
violate any local, state or federal law or
regulation of the country or countries in which you
use the Software and Associated Materials, or the
export laws of any country which may regulate the
import or export of such items. This Agreement has
been written in the English language and the English
language shall control. You waive any rights that
you may have under the laws of your country for this
Agreement to be written in the language of that
country. The remedies and limited warranties offered
by KosherNet are not available without proof of
purchase from an authorized United States or
international source. You may not assign this
Agreement in whole or in part without the prior
written approval of KosherNet. KosherNet may assign
its rights under this Agreement in whole or in part
without your consent.
Final Agreement
You recognize that you have read this agreement,
understand it, and agree to be bound by its terms
and conditions; you further understand that it is
the whole and exclusive statement of the agreement
between you and KosherNet which takes the place of
any proposal or prior arrangement, written or
spoken, and any other interactions between you and
KosherNet relating to the subject matter of this
agreement. A copy of this agreement is available for
review at www.Koshernet.com. If you have any
questions regarding this Agreement, please contact
KosherNet at the address set forth in the foregoing
website.