Terms

Terms of Use

Torah.com Foundation, Inc. (“Torah.com”) welcomes you to the Torah.com website and @Torah.com™, our exclusive personalized email program for teachers, students, organizations and other supporters of Torah. Please contact us at info@torah.com if you if you have any questions or relating to the personal email accounts or other products and services and we will do our best to resolve your questions as quickly as possible. We want to make sure you become a lifelong customer and contributor to the Torah.com community.

Terms of Service

By using this personalized email service, or any other of Torah.com’s products, software, services or web sites (“Torah.com services”), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the “Terms”). We may update the Terms in the future, and you will be able to find the most current version of this agreement on the website.

USE OF SERVICES

Torah.com, its subsidiaries and affiliated companies, offer Torah.com services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Torah.com services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Torah.com of any unauthorized use of your password or account or any other breach of security. Torah.com cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
@TORAH.COM™ EMAIL NAME REGISTRATION AND RENEWAL

Torah.com is the sole entity with authority to sell @Torah.com personalized email addresses. @Torah.com™ email names are names that preface the Torah.com domain in an email address and take the form of yourname@Torah.com.
Registration – The registration and/or renewal of an @Torah.com™ name grants you a personal license to use the name for a period equal to the registration period. Other then reserved Premium Names, we register @Torah™ names on a first come first serve basis. We do not guarantee the availability of any @Torah.com™ name you may wish to register or renew. Torah.com may, in our sole discretion, refuse to process your application for the registration or renewal of a particular @Torah.com™ name. Further, you understand and acknowledge that we may also delete the registration of any @Torah™ name that we have registered, at any time for any reason.
Expiration and Renewal – Keep good record of the expiration dates of all your registered @Torah.com™ names. It is your sole responsibility to ensure that all of your registered @Torah.com™ names are renewed prior to their expiration dates. You agree that we are not liable for any claims of damage or loss arising from any failure to renew an @Torah.com™ name. You understand and acknowledge that the renewal of a @Torah.com™ name is subject to payment of applicable fees prior to the name’s expiration date and that it is your responsibility to ensure that these fees are paid. If you do not renew an @Torah.com™ name on or before its expiration date, the name will no longer forward to the previously assigned forwarding email address.  You acknowledge and agree that your right and interest in an @Torah.com™ name ceases at the end of the Expiration Period. At the end of this period, we may, in our sole discretion, release the name for registration or transfer it to a third party.
Transfer or Sale – You may not transfer or sell your @Torah.com™ name to a third party.

FEES AND PAYMENT

Some Torah.com services require payment of fees. All fees are stated in U.S. dollars. You shall pay all applicable fees, as described on the Torah.com website in connection with such Torah.com services selected by you, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise. You represent to Torah.com that you are the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Torah.com services. All fee-based Torah.com services and virtual goods are provided “AS IS” with no warranties of any kind. Torah.com may modify and / or eliminate such fee-based Torah.com services at its discretion.
APPROPRIATE CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”) are the sole responsibility of the person from which such Content originated. Torah.com reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via Torah.com services. You understand that by using Torah.com services you may be exposed to Content that is offensive, indecent or objectionable, and that you use Torah.com services at your own risk. You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Torah.com.com services and for any consequences thereof. You agree to use Torah.com services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Torah.com services or servers or networks connected to Torah.com services. To report any activity or Content that may violate the Terms, please email: legal@Torah.com. In addition to this agreement, your use of some specific Torah.com services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement. You agree to comply with your company’s data usage and privacy policies. Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
TORAH.COM PRIVACY POLICY For information about our data protection practices, please see our Privacy Policy at http://www.torah.com/privacy.htm. By using Torah.com services, you acknowledge and agree that Torah.com may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce the Terms, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against imminent harm to the rights, property or safety of Torah.com, its users or the public as required or permitted by law. You understand that the technical processing and transmission of Torah.com services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.
PROPRIETARY RIGHTS Torah.com’s Rights You acknowledge and agree that Torah.com services and any necessary software used in connection with Torah.com services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in advertisements or presented to you through Torah.com services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Torah.com or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, Torah.com services or Software, in whole or in part except as specifically authorized in a separate written agreement. Subject to the Terms, Torah.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; 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, unless such activity is expressly permitted or required by law or has been expressly authorized by Torah.com in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Torah.com services. You agree not to access Torah.com services by any means other than through the interface that is provided by Torah.com for use in accessing Torah.com services except as specifically authorized in a separate written agreement. Except as expressly authorized by Torah.com you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Torah.com’s or any third party’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Torah.com services or Software. Your Rights Torah.com claims no ownership or control over any Content submitted, posted or displayed by you on or through Torah.com services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Torah.com services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Torah.com services which are intended to be available to the members of the public, you grant Torah.com a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on Torah.com services for the purpose of displaying, distributing and promoting Torah.com services. Torah.com reserves the right to syndicate Content submitted, posted or displayed by you on or through Torah.com services and use that Content in connection with any service offered by Torah.com. Torah.com furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
SOFTWARE AND AUTOMATIC UPDATES Your use of any Software provided by Torah.com will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. Torah.com Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop Torah.com services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.
POLICIES REGARDING COPYRIGHT AND TRADEMARKS Torah.com respects the intellectual property of others, and we ask our users to do the same. Torah.com may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. 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 Torah.com’s General Counsel 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; Torah.com General Counsel for claims of copyright or other intellectual property infringement can be reached as follows: By email: legal@torah.com By mail: General Counsel Torah.com, LLC 2801 SW 31st Avenue Suite 2B Miami, FL 33133
GENERAL PRACTICES REGARDING USE AND STORAGE You agree that Torah.com has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Torah.com services. You acknowledge that Torah.com may have set no fixed upper limit on the number of transmissions you may send or receive through Torah.com services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice. Upon the termination of your use of Torah.com services, including upon receipt of a certificate or other legal document confirming your death (G-d forbid), Torah.com will close your account and you will no longer be able to retrieve content contained in that account.
PERSONAL NON-COMMERCIAL USE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Torah.com services, use of Torah.com services, or access to Torah.com services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.
MODIFICATIONS TO SERVICE Torah.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Torah.com services (or any part thereof) with or without notice. You agree that Torah.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of Torah.com services.
TERMINATION You may discontinue your use of Torah.com services at any time. You agree that Torah.com may at any time and for any reason, including a period of account inactivity, terminate your access to Torah.com services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Torah.com services, your account or any files or other content contained in your account. Sections 12 (Termination), 15 (Indemnity), 16 (Disclaimer of Warranties), 17 (Limitations of Liability), 18 (Exclusions and Limitations) and 21 (including choice of law, severability and statute of limitations), of the Terms, shall survive expiration or termination.
ADVERTISEMENTS Some Torah.com services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the Torah.com services, queries made through Torah.com services or other information. The manner, mode and extent of advertising by Torah.com on its services are subject to change. As consideration for your use of Torah.com services, you agree that Torah.com may place such advertising and that Torah.com shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on Torah.com services or your subsequent dealings with advertisers.
LINKS Torah.com services may provide, or third parties may provide, links to other World Wide Web sites or resources. Torah.com may have no control over such sites and resources and you acknowledge and agree that Torah.com 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 Torah.com 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.
INDEMNITY You agree to hold harmless and indemnify Torah.com, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “Torah.com and Partners”) from and against any third party claim arising from or in any way related to your use of Torah.com services, violation of the Terms or any other actions connected with use of Torah.com services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Torah.com will provide you with written notice of such claim, suit or action.
DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF TORAH.COM SERVICES IS AT YOUR SOLE RISK. TORAH.COM SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TORAH.COM AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
TORAH.COM AND PARTNERS DO NOT WARRANT THAT (i) TORAH.COM SERVICES WILL MEET YOUR REQUIREMENTS, (ii) TORAH.COM SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF TORAH.COM SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH TORAH.COM SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF TORAH.COM SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE 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 TORAH.COM OR THROUGH OR FROM TORAH.COM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT TORAH.COM AND PARTNERS SHALL NOT BE LIABLE TO YOU 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 TORAH.COM OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE TORAH.COM SERVICES; (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 TORAH.COM SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON TORAH.COM SERVICES; OR (v) ANY OTHER MATTER RELATING TO TORAH.COM SERVICES.
EXCLUSIONS AND LIMITATIONS NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW
NO THIRD PARTY BENEFICIARIES You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
NOTICE You agree that Torah.com may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Torah.com services.
GENERAL INFORMATION Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Torah.com and govern your use of Torah.com services, superceding any prior agreements between you and Torah.com for the use of Torah.com services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Torah.com services, affiliate services, third-party content or third-party software. Choice of Law and Forum. The Terms and the relationship between you and Torah.com shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Torah.com agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Florida. Waiver and Severability of Terms. The failure of Torah.com to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect. Statute of Limitations. 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 Torah.com services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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