Please read these terms and conditions carefully before subscribing to the gVoiceNet services (the "Services") or otherwise using this website (www.gvnetworks.com) (the "Website").
These terms and conditions govern your access to, and use of, the Website. Your subscription to, and use of, the Services is subject to separate terms and conditions.
By accessing and using the Website, you agree to be bound by these terms and conditions as well as any additional rules or policies that are or may be published on the Website from time to time. You should carefully read these terms and conditions before using the Website. If you use the Website in a manner inconsistent with these terms and conditions, we may terminate your access, block your future access and/or seek such additional relief as we may determine necessary in our sole discretion.
"You" means you, the individual subscribing to the Services and utilizing this Website pursuant to these terms and conditions.
"gVoiceNet" , "we" or "us" means Globalvoice Networks Ltd.
We may amend these terms and conditions at any time by posting the amended terms and conditions on the Website. Unless otherwise stated, all amendments to these terms and conditions will be effective immediately upon posting on the Website. By using this Website, you agree to be bound by any such amendments and should therefore periodically visit this page of the Website to determine the most current version of the terms and conditions to which you are bound. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms and conditions located on other pages of the Website. In particular, if you are a gVoiceNet customer and there is any conflict between these terms and conditions on the one hand, and the terms and conditions of the Customer Service Agreement on the other, the terms and conditions of the Customer Service Agreement shall prevail.
You agree that you will only access the Website in accordance with (i) these terms and conditions and (ii) all applicable laws and regulations of any applicable jurisdiction. You are obligated to keep your password strictly confidential in order to prevent any unauthorized use of your account. You acknowledge and accept that considering the nature of the Services, changes of your password will be required from time to time in order to avoid misuse and to maintain the secrecy of your account information. We will not be responsible for any wrongful or unauthorized use of your password or account under any circumstances. If you believe that there has been any breach of security of your password or account (such as the disclosure, theft or unauthorized use of your name, password or account information), you must notify us immediately.
Loaning your name, password or account to others, connecting to the Website through a system used by multiple persons, your group use of names, passwords and accounts, and accessing the Website through more than one modem or broadband communication line are explicitly prohibited. If you have multiple accounts, then you shall be limited to one log-in session per account at any time. Violation of these terms and conditions shall constitute theft of the Services and may be prosecuted under applicable civil and criminal law.
Violation of system or network security is prohibited and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve, and will cooperate with, law enforcement agencies if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
• Unauthorized access to, or use of, data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
• Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
• Forgery or obscuring any identification, hostnames, IP addresses or message header information in any data.
• Harassing or threatening transmissions through systems or networks.
• Probing for means of gaining unauthorized access to systems or networks.
• Introducing or causing to be introduced any computer contaminant or viruses into systems or networks.
• Introducing or causing to introduced any pornographic material into systems or networks.
You represent to us that you are 18 years of age or older.
Internet telephony is not permitted in connection with your use of the Website.
We shall not be liable, or deemed to be in default of these terms and conditions, for any delay, failure or interruption relating to your access of the Website resulting directly or indirectly from acts of God, civil or military authority, acts of public enemies, wars, riots, civil disturbances, insurrections, accidents, explosions, earthquakes, floods, natural disasters, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control.
All content on the Website, including the design of the Website (including, without limitation, text, graphics and any other materials appearing on the Website) which is owned and controlled by us, or our licensors or licensees, is protected by all applicable copyright, trademark and other intellectual property right laws. You agree to comply with all copyright and trademark notices, information or restrictions contained in any information accessed through the Website.
You may use the Website solely for your personal use. In no event are you permitted to publish, retransmit, sell, redistribute or otherwise reproduce any of the content supplied to you through, or which appears on, the Website in any format to any third party. You may not use any information or content contained in the Website in connection with any business or commercial enterprise or unlawful purposes.
We have sourced the content for the Website from third parties and have been adequately licensed to provide the content to you through the Website. If you believe that your or any third party's intellectual property rights have been violated by our inclusion of any content on the Website, please contact us with:
• a description of the copyrighted work or other intellectual property right that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Website; and
• your name, address, telephone number and e-mail address where we can contact you.
We will promptly forward your notice to the relevant content provider and may request additional information before removing the infringing content from the Website.
You acknowledge that the "spamming" of e-mails is prohibited. Spamming is the transmission of any form of electronic mail that can be interpreted as junk mail or mail generated via a distribution list which the recipient has not specifically requested. You can transmit only a fixed number of outgoing mails through the Website and a violation of this requirement will be considered spamming. We reserve the right to block your e-mail address or terminate the Services if this requirement is violated by you.
Your registration must be performed with complete and correct details such as your name, address, telephone number and e-mail address. In case of any changes to such information, such information should be updated by you as soon as possible.
We may change the format and content of the Website at any time. We may suspend the operation of the Website for support or maintenance work in order to update the content or for any other reason.
In using the Services, you agree to comply with all applicable laws, regulations and rules and hereby agree to indemnify us against any claims, losses, damages or expenses arising from your (i) non-compliance with any applicable laws, rules or regulations or (ii) actions in any manner contrary to such applicable laws, rules or regulations or that may, in our opinion, adversely affect the Website (including, without limitation, knowingly or recklessly transmitting or distributing a virus or corrupt data).
You will not use any domain name or e-mail name so as to infringe upon the intellectual property rights of gVoiceNet or any third party.
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity.
You acknowledge that we will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information we receive of such illegal conduct. When requested, we will cooperate fully with law enforcement agencies in any lawful investigation of alleged illegal activity on the Website.
We make no representation that the materials on the Website are appropriate or will be available for use in any locations outside Malta. You are entirely responsible for ensuring that your use of the Website is in compliance with all applicable laws.
Information that we publish on the World Wide Web may contain references or links to our products, programs and services that are not offered or available in your country. Such references do not imply that we offer or intend to offer such products, programs or services in your country. Please contact us for information regarding the products, programs and services that may be available to you in your country.
In using the Website, you shall not:
• Restrict on inhibit any third person from using and enjoying the Website;
• Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane or otherwise objectionable information of any kind on the Website, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
• Post or transmit any information or software on the Website which contains a virus, cancelbot, Trojan horse, worm or other harmful component;
• Upload, post, publish, transmit, reproduce or distribute in any way, information, software or other material obtained through the Website which is protected by copyright, or other proprietary right without obtaining the permission of the copyright owner or right holder;
• Violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material on the Website, or engage in any activity on the Website which is threatening, obscene or illegal;
• Upload, post, e-mail, transmit or otherwise make available any content through the Website that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy or otherwise objectionable;
• Impersonate any person or entity, including, but not limited to, a gVoiceNet official, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
• "Stalk" or otherwise harass another person through the Website or collect or store personal data about others through the Website;
• Restrict or inhibit any other person from using the Website, including, without limitation, by means of "hacking" or defacing any portion of the Website;
• Remove or modify any copyright, trademark or other proprietary right notice contained in the Website or on any material downloaded from the Website;
• Frame or mirror any part of the Website without our prior written authorization;
• Use any robot, spider, scraper, site search or retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Website or the information provided on the Website without our prior written authorization;
You are solely responsible for the truth and accuracy of all information you provide publicly or privately to us during your registration for the Services. The information which you provide to us shall not: (a) be fraudulent; (b) infringe on any third party's copyright, patent, trademark, trade secret, intellectual property rights or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation including, without limitation, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; (d) contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (e) link, directly or indirectly, to any other website; (f) contain any item that, by paying to us the fees for the Services, could cause us to violate any applicable law, statute, ordinance or regulation
You agree to release, indemnify, defend and hold harmless gVoiceNet and its affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") due to or arising from your use of, or conduct on, the Web Site.
YOU ACKNOWLEDGE AND AGREE THAT UNDER THESE TERMS AND CONDITIONS, WE WILL NOT BE LIABLE TO YOU, UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS AND CONDITIONS EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. ANY DEALINGS YOU HAVE WITH ANY THIRD PARTY VIA THE WEBSITE ARE YOUR OWN RESPONSIBILITY. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF A DISPUTE ARISING BETWEEN YOU AND ANY THIRD PARTY DUE TO USE OF THE WEBSITE.
WHILE WE WILL ATTEMPT TO PROVIDE YOU WITH ACCESS TO THE WEBSITE, THIS AGREEMENT IN NO WAY PROVIDES YOU OR ANY THIRD PARTY WITH A GUARANTEE THAT ACCESS TO THE WEBSITE WILL BE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE. WE WILL SEEK TO REPAIR REPORTED FAULTS AS SOON AS REASONABLY POSSIBLE. WHILE gVoiceNet ATTEMPTS TO MONITOR AND MAINTAIN COMMERCIALLY REASONABLE SERVICE LEVELS BETWEEN IT AND THIRD PARTY PROVIDERS WHO SUPPORT THE WEBSITE, gVoiceNet CANNOT ENSURE ACCEPTABLE SERVICE LEVELS FROM SUCH THIRD PARTY PROVIDERS. WE SHALL NOT BE RESPONSIBLE FOR (I) THE CONDITION OF CONTENT OR INFORMATION ACCESSED WHILE USING THE WEBSITE, INCLUDING WITHOUT LIMITATION, TRANSMISSION FAILURES CAUSED BY INTERNET TRANSMISSION INTERRUPTIONS OR FAILURES IN ACCESSING OR ATTEMPTING TO ACCESS EMERGENCY SERVICES, OR (II) THE SECURITY OF ANY DATA ON ANY SERVER ASSOCIATED WITH THE WEBSITE. THE PURPOSE OF THIS PARAGRAPH IS TO LIMIT gVoiceNet's AND ITS AFFILIATES' LIABILITY ARISING OUT OF THESE TERMS AND CONDITIONS AND/OR THE PROVISION OF CONTENT ON THE WEBSITE.
You agree that we have the right to monitor our provision of the Services to you electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Services properly or to protect you or our other subscribers. We will not intentionally monitor or disclose any message transmitted by you through the Website unless required by law.
THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. gVoiceNet AND ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATION REGARDING THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ABSENCE OF VIRUSES OR OTHER HARMFUL COMPONENTS ON THE WEBSITE OR THE SUFFICIENCY OR ACCURACY OF THE INFORMATION CONTAINED IN THE WEBSITE.
YOU AGREE THAT ANY DATA DOWNLOADED OR OBTAINED THROUGH YOUR USE OF THE WEBSITE OR THE SERVICES IS DONE ENTIRELY AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR (I) ANY DAMAGE TO YOUR COMPUTER OR PHONE LINE OR (II) ANY LOSS OF DATA THAT RESULTS FROM DOWNLOADING ANY MATERIAL AND/OR DATA THROUGH THE WEBSITE.
ALL THE SERVICES AND INFORMATION PROVIDED THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. gVoiceNet DOES NOT MAKE WARRANTY OR REPRESENTATION OF ANY KIND FOR ITSELF, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES OR ANY THIRD PARTIES PROVIDING MATERIALS, SERVICES OR CONTENT TO THE WEBSITE, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, WITH RESPECT TO THE WEBSITE OR INFORMATION, PRODUCTS OR THE SERVICES PROVIDED THROUGH THE WEBSITE OR TO WHICH THE WEBSITE REFERS. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, YOUR USE OF THE WEBSITE OR YOUR INABILITY TO USE THE WEBSITE, EVEN IF WE HAVE PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA UPLOADED TO AND DOWNLOADED FROM THE WEBSITE, AND FOR MAINTAINING A MEANS EXTERNAL TO THE WEBSITE FOR THE RECONSTRUCTION OF ANY LOST DATA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND INFORMATION OBTAINED THROUGH THE WEBSITE.
HOSTING OF ANY INFORMATION ON THE WEBSITE SHALL NOT CONSTITUTE AN INVITATION TO INVEST IN gVoiceNet OR ANY OF ITS AFFILIATES. YOUR USE OF THE WEBSITE OR THE INFORMATION ON THE WEBSITE IS AT YOUR OWN RISK. DIRECT2NATIONAND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE ARISING OUT OF YOUR ACCESS TO OR USE OF THE WEBSITE OR THE INFORMATION CONTAINED ON THE WEBSITE OR ANY SITE LINKED TO THE WEBSITE.
gVoiceNet has no liability, obligation or responsibility for any correspondence you may receive from, your purchase of goods and/or services from, or your participation in promotions of third party advertisers or sponsors during your use of the website. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party.
gVoiceNet has no responsibility, nor endorses, any external web sites or their contents or the web site links displayed on web sites that are not under the control of, or maintained by, gVoiceNet. Such links are hosted by third parties. You are solely responsible for the suitability of such third party web sites for your use or the suitability of any services and/or products available through any of such third party web sites. gVoiceNet (i) is not responsible for the owners or operators of such third party web sites or for any goods or services they supply or for the content of their web sites and (ii) does not provide any representations or warranties in relation to any such third party web sites or accept any liability in relation to such third party web sites.
You agree that gVoiceNet is not responsible for any content sent to you by any third party. Please read the terms and conditions of the relevant product or service before entering into any transaction on the website.
"gVoiceNet", "Globalvoice Networks Ltd" and all products, services and logos denoted with ™, SM or © are trademarks, service marks or copyrights of gVoiceNet or its affiliates. gVoiceNet trademarks may not be used in connection with any product or service that is not a gVoiceNet product or service. All content related to gVoiceNet's activities through the Website, such as text, graphics, logos, button icons, images, audio clips and software, is the exclusive property of gVoiceNet or its affiliates or licensors and is protected by applicable law concerning the protection and preservation of intellectual property rights and applicable international treaties governing intellectual property. The collection, arrangement and assembly of all content on the Website is the exclusive property of gVoiceNet and is protected by applicable laws. All software used on this Website is the property of gVoiceNet or its suppliers and is protected by Malta or international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this Website is strictly prohibited without the prior written consent of gVoiceNet.
gVoiceNet trademarks may not be used in connection with any product or service that is not a gVoiceNet product or service in any manner that is likely to cause confusion among gVoiceNet customers or in any manner that disparages or discredits gVoiceNet.
These terms and conditions shall be governed by and construed in accordance with the laws of Malta, without regard to choice of law rules.
In the event any provision of these terms and conditions is determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from these terms and conditions, while the remaining provisions shall remain in full force and effect. gVoiceNet's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these terms and conditions.
Any controversy or claim arising out of or relating to these terms and conditions shall be settled by binding arbitration in accordance with the according to the commercial arbitration rules then in effect of the Malta Arbitration Center, provided the country of the user has ratified the New York Convention on Arbitration Awards.
Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
VIOLATION OF ANY OF THESE TERMS AND CONDITIONS MAY RESULT IN IMMEDIATE TERMINATION OF THE PROVISION OF THE SERVICES TO YOU.
If gVoiceNet denies you access to the Services due to such violation, (A) you shall have no right (i) to access through the Website to any materials stored by you on the Internet, (ii) to obtain any credit otherwise due to you (and such credit shall be forfeited), (iii) to access third party services, merchandise or information on the Internet through the Website or the Services, and (B) gVoiceNet shall have no responsibility to notify any third-party providers of services, merchandise or information to you nor any responsibility for any consequences resulting from such lack of notification. You agree to the immediate termination of gVoiceNet's Services to you for your violation of any of these terms and conditions.