2. DESCRIPTION OF SERVICE
Netzarim.Info currently provides users with access to a rich collection of resources through its network. You also understand and agree that the Service may include advertisements and that these advertisements are necessary for Netzarim.Info to provide these services. You also understand and agree that the service may include certain communications from MessianicGroups, such as service announcements, administrative messages and a Netzarim.Info Newsletter, and that these communications are considered part of Netzarim.Info membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current services, including the release of new Netzarim.Info services, shall be subject to the TOU. You understand and agree that the Service is provided "AS-IS" and that Netzarim.Infos assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the service.
Please be aware that Netzarim.Info has certain areas on the service that may contain questionable doctrinal content. Users are warned to carefully document and review such content before applying it to one's belief system.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Netzarim.Info has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Netzarim.Info has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof). Netzarim.Info is concerned about the safety and privacy of all its users, particularly children. Please remember that the service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the services and/or content (as defined in Section 6 below) are appropriate for your child.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Netzarim.Info of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Netzarim.Info cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the service. Netzarim.Info does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will Netzarim.Info be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the service to:
teach against a belief in Y'shua as Messiah will be deemed harmful to others, such postings found to be designed to promote these teachings will be subject to immediate removal. The posting owner may be banned from creating future articles and may be added to our permanent moderation list. Once added it will be very difficult to be removed. Requests for removal from permanent moderation should be made by multiple article owners who are in good-standing with Netzarim.Info.
promote the Book of Mormom, Quran/Koran, or other "modern apocryphal" books are forbidden. The Articles may be removed or edited and the article creator may be moved to permanent moderation. Discussions debating these texts may be permitted.
teach kabbalah based on hermetic or magical or new-age qabala, All Kabbalah discussions should be based on Jewish/Torah Observant sources.
Articles are open to both the observant and non-observant communities. Articles which teach against observance of Torah or teach practices against Torah are forbidden.
harm minors in any way;
upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. This especially concerns Anti-Semitism;
impersonate any person or entity, including, but not limited to, a Netzarim.Info official or affiliate, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the service;
upload, post, email, transmit or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;
upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
interfere with or disrupt the Service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
"stalk" or otherwise harass another; or
collect or store personal data about other users
You acknowledge that Netzarim.Info does not pre-screen content, but that Netzarim.Info and its designees shall have the right (but not the obligation) in their sole discretion to refuse, move, or modify any content that is available via the service. Without limiting the foregoing, Netzarim.Info and its designees shall have the right to remove any content that violates the TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Netzarim.Info or submitted to Netzarim.Info, including without limitation information in all other parts of the Service.
You acknowledge and agree that Netzarim.Info may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Netzarim.Info, its affiliates, its users and the public.
You understand that the technical processing and transmission of the service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Netzarim.Info does not claim ownership of content you submit or make available for inclusion on the service. However, with respect to content you submit or make available for inclusion on publicly accessible areas of the service, you grant Netzarim.Info the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to content you submit or make available for inclusion on publicly accessible areas of Netzarim.Info, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the service solely for the purposes of providing and promoting the specific Netzarim.Info article to which such content was submitted or made available. This license exists only for as long as you elect to continue to include such content on the service and will terminate at the time you remove or Netzarim.Info removes such content from the service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such content on the service solely for the purpose for which such content was submitted or made available. This license exists only for as long as you elect to continue to include such content on the service and will terminate at the time you remove or Netzarim.Info removes such Content from the service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the service, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the Netzarim.Info network of properties that are intended by MessianicGroups to be available to the general public.
You agree to indemnify and hold Netzarim.Info, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the service, your use of the service, your connection to the service, your violation of the TOU, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the service, use of the service, or access to the service.
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Netzarim.Info may establish general practices and limits concerning use of the service, including without limitation the maximum number of days that email messages, message board postings or other uploaded content will be retained by the service, the maximum number of email messages that may be sent from or received by an account on the service, the maximum size of any email message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on Netzarim.Info's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the service in a given period of time. You agree that Netzarim.Info has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that Netzarim.Info reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Netzarim.Info reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
12. MODIFICATIONS TO SERVICE
Netzarim.Info reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Netzarim.Info shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Netzarim.Info, in its sole discretion, may terminate your password, account (or any part thereof) or use of the service, and remove and discard any content within the service, for any reason, including, without limitation, for lack of use or if Netzarim.Info believes that you have violated or acted inconsistently with the letter or spirit of the TOU. Netzarim.Info may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that Netzarim.Info may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that Netzarim.Info shall not be liable to you or any third-party for any termination of your access to the Service.
14. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Netzarim.Info shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Netzarim.Info has no control over such sites and resources, you acknowledge and agree that Netzarim.Info is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Netzarim.Info shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16. NETZARIM.INFO'S PROPRIETARY RIGHTS
You acknowledge and agree that the service and any necessary software used in connection with the service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to you through the aervice or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Netzarim.Info or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the service or the software, in whole or in part.
Netzarim.Info grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the service. You agree not to access the service by any means other than through the interface that is provided by Netzarim.Info for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MESSIANIC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NETZARIM.INFO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NETZARIM.INFO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MESSIANICGROUPS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MESSIANICGROUPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the service concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Netzarim.Info and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
Notices to you may be made via either email or regular mail. The service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.
22. TRADEMARK INFORMATION
Netzarim.Info logos and product and service names are trademarks of Netzarim.Info. Without Netzarim.Info's prior permission, you agree not to display or use in any manner, the Netzarim.Info Marks.
23. COPYRIGHTS and COPYRIGHT AGENTS
Netzarim.Info respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Netzarim.Info's Copyright Agent the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual property that you claim has been infringed;
a description of where the material that you claim is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Netzarim.Info's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: By mail: Copyright c/o Netzarim.Info
Colleyville, TX By fax: By email: firstname.lastname@example.org
24. GENERAL INFORMATION
The TOU constitute the entire agreement between you and Netzarim.Info and govern your use of the Service, superceding any prior agreements between you and Netzarim.Info. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and MessianicGroups shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and Netzarim.Info agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Tarrant, Texas. The failure of Netzarim.Info to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOU are for convenience only and have no legal or contractual effect.
Please report any violations of the TOU to email@example.com.
26. GROUP/LIST EXISTENCE, USE, AND USER POSTINGS
It is acknowledged that groups, files, postings, and discussions are the responsibility of the article owners. Netzarim.Info's owners, affiliates, staff, and associates are not responsible for their content, and said content may not be in agreement with them. The discussions existing in Netzarim.Info and the positions held are those of the authors and not of this service as listed above. Complaints about content should be first taken to the article creator/owner and then to us at abuse@netzarim.Info for violations of this "TOU".