1. Acceptance of Terms. This website is provided by Flash Networks Ltd. (collectively with its subsidiaries, "Flash Networks," "we," "us,") subject to the following Terms of Service (the "Agreement"), which may be updated by us from time to time in our sole discretion. Flash Networks reserves the right to alter this Agreement without advance notice by posting a revised Agreement. You can determine when this Agreement was last revised by checking the "Last Revised" legend at the top of the Agreement. We may transfer our rights and obligations under these terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
This Agreement applies to the following websites: www.flashnetworks.com, lteacceleration.flashnetworks.com, morefor.me.flashnetworks.com, and all partner and customer extranets hosted by or on behalf of Flash Networks, and all Flash Networks sub-sites accessed from such sites(collectively, the "Site"). In addition, when using particular service(s) provided through the Site, you agree that you are subject to any additional posted guidelines, rules, terms, and conditions applicable to such service(s). All such guidelines, rules, terms, and conditions are hereby incorporated by reference into this Agreement.
2. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THE SITE. YOUR USE OF THE SITE CONSTITUTES YOUR AUTOMATIC AGREEMENT TO ABIDE BY THE FLASH NETWORK’S TERMS OF SERVICE THEN IN EFFECT.
3. You agree that by registering with, or by using the Site, including other information provided as part of the Site services, you are entering into a legally binding agreement with us based on the terms of this Agreement. If you are using the site on behalf of a company or other legal entity, you are nevertheless bound by this Agreement.
4. The Site may not be available at all times or in all areas. Flash Networks may permit you to register for services, and/or deny any service to you, at any time and in its sole discretion, including without limitation in the event you do not adhere to the Rules of Conduct set forth below. Flash Networks reserves the right to, at any time: (a) modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice; (b) charge fees for the use of the Site; and/or (c) modify and/or waive any fees charged in connection with the Site. You agree that Flash Networks shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or of any Content or Service (as defined below). Your continued use of the Site after ANY such changes will indicate your acceptance of such changes.
5. Any questions about the meaning or application of this Agreement should be directed to email@example.com.
6. Description of the Content and Services. Flash Networks provides users of the site with access to certain content concerning Flash Networks and its products and services, including descriptions, contact information, links, and other specialized content (collectively, the "Content"), as well as opportunities to contact Flash Networks or third parties, and other features and services (all of the foregoing, collectively with the Content, the "Services"). All-new Content, Services, or features made available through the Site that was not made available as of the "Last Revised" date above, shall automatically become subject to this Agreement.
8. As part of the registration process for certain Services, you will be asked to select a username and password. We may refuse registration to anyone, remove anyone’s registration, and/or require additional information prior to accepting any registration, at our sole discretion. Furthermore, we may refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Services or any part of the Content to any third party. If you have reason to believe that your account with us is no longer secure, you must immediately notify us of the problem by emailing us at firstname.lastname@example.org. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
9. Rules of Conduct. While using the Site, you agree to comply with all applicable laws, rules, and regulations. In addition, Flash Networks expects users of the Site to respect the rights and dignity of others, and your use thereof is conditioned on your compliance with the following Rules of Conduct. You will not:
- Transmit or otherwise make available in connection with the Site anything that is or may be: (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity, or another proprietary right, without the express permission of the owner of such right. Anything deemed to fall within this category may be removed immediately by Flash Networks without notice or liability in Flash Network’s sole discretion.
- Use the Site for any fraudulent or unlawful purpose; or transmit or otherwise make available in connection with the Site any material that would give rise to criminal or civil liability, which encourages conduct that constitutes a criminal offense, or that encourages or provides instructional information about illegal or potentially illegal activities.
- Transmit or otherwise make available any material, non-public information about a company without the proper authorization to do so.
- Interfere with or violate any other Site visitor's or user's right to privacy or other rights, or harvest or collect personally identifiable information about visitors or users of the Site without their express consent.
- Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
- Impersonate any person or entity, including, but not limited to, any Flash Networks agent or representative; falsely state or otherwise misrepresent your affiliation with any person or entity; or express or imply that we endorse any statement you make, without our prior written consent.
- Transmit or otherwise make available in connection with the Site any virus, worm, Trojan Horse, Easter egg, time bomb, web bug, cancelbot, "spyware," or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component.
- Interfere with or disrupt the operation of the Site or the servers or networks that host the Site or make the Site available; or disobey any requirements, procedures, policies, or regulations of such servers or networks.
- Restrict or inhibit any other person from using the Site, including by means of hacking or defacing any portion of the Site.
- Transmit or otherwise make available in connection with the Site any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," investment opportunity, or any other form of solicitation.
- Sell, license, or exploit for any commercial purposes any use of or access to the Content, Services, or Site.
- Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Content, Services, or Site.
- Remove any copyright, trademark, or other proprietary rights notice contained in the Content, Services, or Site.
- Frame or mirror any part of the Site without Flash Network’s prior express written authorization.
- Use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, data-mine, or in any way determine, archive, reproduce, or circumvent the navigational structure or presentation of the Site.
- Create a database by systematically downloading and storing all or any of the Content from the Site.
10. Flash Networks’ Proprietary Rights. You acknowledge and agree that the information and materials presented to you on or through the Site, including without limitation the Content and the Services, are and shall remain the property of Flash Networks and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. You may download one (1) copy of any material publicly available on the Site to any single computer for your personal, non-commercial use only, provided that you keep intact all copyright and other proprietary notices, and subject to all other terms and conditions of this Agreement. Except as expressly authorized in advance by Flash Networks, you agree not to copy, modify, rent, lease, loan, sell, distribute, or create derivative works based (whether in whole or in part) on, any materials, including without limitation the Content and the Services, that are made available on or through the Site.
11. You may request, and Flash Networks may provide, from time to time, certain Content which is the confidential information of Flash Networks, and which Flash Networks intends to protect as confidential. Such Content is generally marked "confidential" or with a similar legend unless posted on an extranet or other part of the Site with restricted access. In addition to the restrictions on the use of any Content set forth above, you agree to hold all confidential Content in strict confidence, not to disclose it to any third party, and to use at least reasonable care to protect its confidentiality and prevent its unauthorized use or disclosure.
12. Trademarks and service marks of Flash Networks: All trademarks and service marks on the Site not owned by Flash Networks are the property of their respective owners. The trade names, trademarks, and service marks owned by Flash Networks, whether registered or unregistered, may not be used in connection with any product or service that is not Flash Networks’, or in any manner that is likely to cause confusion with customers. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Flash Networks’ trade names, trademarks, or service marks without the prior express written permission of Flash Networks.
13. Limitation of Liability and Disclaimer of Warranties.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT, THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
THE SITE AND SERVICES ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE AND SERVICES, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, FLASH NETWORKS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FLASH NETWORKS WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF FLASH NETWORKS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IN PARTICULAR, AND WITHOUT LIMITATION, FLASH NETWORKS WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, ANY SERVICE MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE, OR ANY PRODUCTS OR SERVICES ACCESSED, USED, ACQUIRED, OR DISCOVERED THROUGH OR IN CONNECTION WITH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY SERVICE IS TO STOP USING THE SITE.
WITHOUT LIMITING THE FOREGOING, FLASH NETWORKS MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE SITE OR ANY SERVICE WILL MEET YOUR REQUIREMENTS; (B) ACCESS TO THE SITE OR ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICE WILL BE ACCURATE, TIMELY, OR RELIABLE; (D) ANY REPORTED PROBLEMS MAY BE RESOLVED WITH THE USE OF ANY INFORMATION PROVIDED ON THIS SITE; (E) THE QUALITY OF ANY SERVICES ACCESSED OR USED THROUGH OR IN CONNECTION WITH THE SITE WILL MEET YOUR EXPECTATIONS; (F) ANY ERRORS IN THE SITE WILL BE CORRECTED; OR (G) THE SITE OR THE EQUIPMENT OR NETWORK(S) ON WHICH THE SITE IS HOSTED ARE FREE OF VIRUSES, BUGS, WORMS, DEFECTS, OR OTHER HARMFUL COMPONENTS.
While we try to maintain the Site's integrity and security (and the integrity and security of the servers on and in connection with which the Site is operated), we do not guarantee that the Site will be or remain secure, complete, or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies or errors, or materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of such a situation, please contact us at email@example.com with a description of the material(s) at issue and the location ("URL") where such material(s) appear.
14. Links. The Site may provide links to other Internet websites and resources. Because Flash Networks has no control over such sites and resources, you acknowledge and agree that Flash Networks 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 through such sites or resources. Other websites may provide links to the Site with or without Flash Network’s authorization. Flash Networks has no control over the sites that provide links to the Site, and you acknowledge and agree that Flash Networks does not endorse such sites and is not responsible for any links from those sites to the Site, for any content, advertising, products, or other materials available on or through such other sites, or for any loss or damages caused by using or relying on any such materials. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs, and platform to access our site. You should use your own virus protection software.
You further acknowledge and agree that Flash Networks shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused by or in connection with the use of or inability to use: (a) any sites or resources to which Flash Networks provides links, or that provide links to the Site; or (b) any content, goods, or services available on or through any such sites or resources. Flash Networks shall have the right, but not the obligation, at any time and in its sole discretion, to block links to the Site through technological or other means, without prior notice.
15. Representations and Warranties; Indemnity. You represent and warrant that you will comply with all applicable laws in connection with your use of the Site and Services. You agree to defend, indemnify, and hold harmless Flash Networks and its sponsors, directors, officers, shareholders, licensors, employees, agents, and representatives, from and against all claims, losses, costs, damages, liabilities, and expenses (including but not limited to attorneys and professional fees) arising out of: (a) your activities in connection with the Site or Services; (b) any violation of this Agreement by you; or (c) any allegation that anything you transmit through or in connection with the Site infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other rights of any third party.
16. Dealings With Third-Party Providers of Goods and Services. Your correspondence or business dealings with, or participation in promotions sponsored by, any third-party advertisers or other third-party providers of goods or services found on or through the Site, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third-party advertiser or provider. You agree that Flash Networks shall not be responsible or liable for any loss or damage of any sort incurred in connection with any such dealings or as the result of the presence of such third parties' materials on the Site.
17. Termination. You agree that Flash Networks, in its sole discretion, may terminate your use of the Site or any part thereof, at any time and for any reason, including, without limitation, if Flash Networks believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. You agree that any termination of your access to the Site and/or the Services under any provision of this Agreement may be effected without prior notice. Upon termination of this Agreement, your right to use the Site will immediately cease. Flash Networks shall not be liable to you or any third party for any termination of your access to the Site or any part thereof.
18. Jurisdictional and Severability. The Site is controlled and operated by Flash Networks from its principal office in Herzliya, Israel, and is not intended to subject Flash Networks to the laws or jurisdiction of any state, country, or territory other than Tel Aviv, Israel. Flash Networks does not represent or warrant that the Site, Content, or Services, or any aspect thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk and are responsible for complying with local laws. We may limit the availability of the Site to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion. You agree not to transport, import, export, or re-export all or any part of the Services to (or to a national or resident of Cuba, Iraq, Lebanon, Libya, North Korea, Iran, Syria, Sudan, or any other country to which Israel or the United States has embargoed goods; and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality, and enforceability of the remaining provisions of this Agreement will not be affected in any way.
19. Investment Information. The information contained on the Site may not be current and should not be used or relied on for any decision to invest in Flash Networks or for any related purpose.
20. Forward-Looking Statements. Statements appearing on the Site that concern us, our Affiliates, or our and their management and that are not historical facts are "Forward-Looking Statements." Forward-Looking Statements are only predictions, and actual future events may differ materially from those discussed in any Forward-Looking Statement. Various external factors and risks affect our operations, markets, products, services, and prices
21. Miscellaneous. This Agreement does not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto. This Agreement is governed by and construed in accordance with the laws of the State of Israel, without regard to its principles of conflicts of law. You agree to exclusive jurisdiction by the federal and state courts located in Tel Aviv, Israel, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason is unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under this Agreement without Flash Networks’ prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This Agreement, together with all policies referred to herein, is the entire agreement between you and Flash Networks relating to your use of the Site and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Flash Networks with respect to such subject matter. Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to this Agreement or other matters, by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
22. Information or Complaints. If you have a question or complaint regarding the Site, please send an e-mail to firstname.lastname@example.org.
23. The Site, Services and this Agreement, © 2022 Flash Networks Ltd. All rights reserved worldwide.