WEBSITE TERMS OF USE

Effective date April 31st 2010

PRIVETEL, together with its subsidiaries and affiliates (collectively, "Privetel") provide you access to the service-related Web sites containing information and data available via your computer and/or a device ("the Sites") subject to the terms and conditions set forth below, including all documents, policies, and guidelines incorporated therein (the "Agreement").

PLEASE READ THIS AGREEMENT CAREFULLY. By accessing, browsing, or using any of our Sites, you agree to be bound by the terms and conditions of the Agreement, including all documents, policies, and guidelines incorporated by reference. This Agreement does not alter in any way the terms or conditions of any other written or online agreement you may have or will have with PRIVETEL, including any Web site access agreement with a PRIVETEL’S affiliate relating to services other than services.

PRIVETEL reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy or guideline referenced herein at any time and in its sole discretion. If the Agreement is changed, we will post the new terms on the Sites and change the date accordingly. Any changes or modifications will be effective upon posting of the new Agreement on the Sites as revised, and your access to and use of the Sites following the posting of such changes or modifications will constitute your acceptance of the Agreement as revised.

Related Policies

Privacy Policy

PRIVETEL believes strongly in protecting user privacy and providing you notice of PRIVETEL’S collection and use of data, including personally identifying information, collected from the Sites. To learn about PRIVETEL’S information collection and use practices and policies, please refer to the Privacy Policy section of the Site.

Acceptable Use Policy


When PRIVETEL’S site, products or service, your activities must comply with our Acceptable Use Policy.

Intellectual Property
The Intellectual Property Rights in all data, information, systems, processes or other material used by or developed by us for the purposes of providing the Services or performing its obligations under this Agreement shall, or upon their creation, remain vested in us or its licensors. You shall use such material only for the purpose of receiving the Services, as contemplated by this Agreement.
Save where otherwise specified, the Intellectual Property Rights and contents of all the Website are owned by us or its licensors. Reproduction of part or all of the contents of the Website in any form is prohibited without our prior consent, other than that you may print or download one copy of the contents of the Website for personal non-commercial use.
Intellectual Property Rights
“Intellectual Property Rights” means all copyright, patents, trademarks, registered and unregistered design rights, rights in databases and topography rights and other intellectual property rights, all rights to bring an action for passing off, all rights to apply for protection in respect of any of the above rights and all other forms or protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world, and includes any trade marks that we have in the word “privetel” or “privetel.com”.
Trademarks and Service Marks

The trademarks and service marks displayed on the Sites are registered and unregistered trademarks of PRIVETEL, and  Knowledge Ventures and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PRIVETEL Knowledge Ventures or, if applicable, its licensor. In addition, PRIVETEL custom graphics, button icons, scripts, and page headers are covered by trademark, trade dress, copyright, or other proprietary right law, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PRIVETEL Knowledge Ventures. PRIVETEL trademarks, service marks, and trade dress may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits PRIVETEL. "PRVETEL,” design and all other PRIVETEL marks and logos, and the PRIVETEL products and services described on the Sites, are either trademarks, service marks, or registered trademarks of PRIVETEL and may not be copied, imitated, or used, in whole or in part, without the prior written permission of PRIVETEL affiliates. All other trademarks, service marks, registered trademarks, product and service names, and company names or logos that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PRIVETEL. You may not use any metatags or any other "hidden text" utilizing a PRIVETEL name, trademark, or product name without PRIVETEL’S express written consent.

Username and Password
Once you become a member of the Website, you will receive a username and a Password. You are entirely responsible for all activities which occur under your username and Password. You must notify us immediately if you become aware of any unauthorized use of your username and Password. If you forget or lose your password, you should request a new password by visiting the ‘Forgot your password’ section on the sign in page. You also agree that you will only register in your own name. Each username and password must be used by a single user and is not transferable.


Third Party Products and Services

Parties other than PRIVETEL offer and provide products and services on or through the Sites. Except for PRIVETEL branded information, products, or services that are specifically identified as being supplied by PRIVETEL, furthermore, PRIVETEL does not operate, control, or endorse any information, products, or services on the Sites or accessible through the Sites in any way. Except for PRIVETEL-identified information and PRIVETEL-branded products or services, all information, products, and services offered through the Sites or Internet generally are offered by third parties that are not affiliated with PRIVETEL. PRIVETEL is not responsible for examining or evaluating, and PRIVETEL does not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. PRIVETEL does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Product and Service Descriptions and Pricing

PRIVETEL and third parties offering information, products, or services on the Sites attempt to be as accurate as possible. However, PRIVETEL does not warrant that information, product, and service descriptions or other content of the Sites is accurate, complete, reliable, current, or error-free. Despite our efforts, it is possible due to computer or other error or cause that a product or service offered on the Sites may be mispriced or contain an inaccuracy in its description. In the event PRIVETEL determines that a product or service is mispriced or contains an inaccurate description, PRIVETEL reserves the right to take any action it deems reasonable and necessary, in its sole discretion, to rectify the error, including without limitation canceling your order.

Linking


Links to the Sites. You are granted a limited, nonexclusive right to create a hypertext link to the homepage of the Sites, provided such link does not portray PRIVETEL or any of its products and services in a false, misleading, derogatory, or otherwise defamatory manner. You may not use a PRIVETEL or other proprietary graphic or trademark of PRIVETEL to link to the Sites without the express written permission of PRIVETEL. This limited right may be revoked at any time.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, provided by you in the form of e-mail or submissions to PRIVETEL, or postings to or on the Sites, are non-confidential (provided that personal information provided on non-public areas of the Sites is subject to PRIVETEL’S Privacy Policy and you grant PRIVETEL a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world in any media now known or hereafter developed with or without acknowledgment to you in PRIVETEL’S sole discretion and without compensation to you. You also grant PRIVETEL the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no recourse against PRIVETEL for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and that the submission of any such materials to PRIVETEL, including the posting of materials to any forum or interactive area on the Sites, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the material is accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify PRIVETEL for all claims resulting from material you supply.


Press Releases
The information contained within press releases issued by PRIVETEL should not be deemed accurate or current except as of the date the release was posted. PRIVETEL has no intention of updating, and specifically disclaims any duty to update, the information in the press releases. To the extent any information therein is forward-looking, it is intended to fit within the safe harbor for forward-looking statements and is subject to material risk.

Disclaimers
"AS IS" AND "AS AVAILABLE" BASIS. THE SITES AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITES. YOU EXPRESSLY AGREE THAT USE OF THE SITES, INCLUDING ALL CONTENT, DATA, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITES, IS AT YOUR SOLE RISK AND RESPONSIBILITY.

WARRANTY DISCLAIMER. PRIVETEL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITES. PRIVETEL DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, SUBJECT TO CORRECTION OR THAT ANY SUCH MATERIALS AVAILABLE FOR DOWNLOAD FROM THE SITES ARE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. PRIVETEL IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE PRIVETEL ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITES IS SAFE, PRIVETEL CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER (S) WILL BE ERROR-FREE, UNINTERRUPTED, FREE FROM UNAUTHORIZED ACCESS (INCLUDING THIRD-PARTY HACKERS OR DENIAL OF SERVICE ATTACKS) OR OTHERWISE MEET CUSTOMER'S REQUIREMENTS.

PRIVETEL reserves the right to change any and all content contained on the Sites at any time without notice. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by PRIVETEL.
YOUR RESPONSIBILITY AND RISK It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services, merchandise, and other information provided on or through the Sites or on the Internet generally. The Internet contains unedited materials, some of which are sexually explicit or may be offensive to you. You access such materials at your risk. PRIVETEL has no control over and accepts no responsibility whatsoever for such materials.

Enforcement

PRIVETEL reserves the right but does not assume the obligation to strictly enforce this Agreement, including without limitation by issuing warnings, suspension, or termination of service, and/or removal, screening, or editing of posted message, data, information, text or other material ("Content"), self help and active investigation, litigation and prosecution in any court or appropriate venue. PRIVETEL may access, use, and disclose transaction information and Content to comply with the law (e.g., a lawful subpoena); enforce or apply our customer agreements; to initiate, render, bill, and collect for services; to protect our rights or property, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A PRIVETEL’S CUSTOMER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH CUSTOMER.

Limitation of Liability

IN NO EVENT SHALL PRIVETEL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (1) THE USE OR INABILITY TO USE THE SITES OR THE CONTENT, MATERIALS, INFORMATION, OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITES OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, EVEN IF PRIVETEL OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF PRIVETEL (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY), ARISING OUT OF OR RELATING TO THE USE OF PRIVETEL SITES, EXCEED $5.00 OR THE COMPENSATION YOU PAID PRIVETEL, WHICHEVER IS LESS. Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein. In such states, PRIVETEL’S liability is limited to the greatest extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless PRIVETEL, its officers, directors, employees, agents, licensors, suppliers, and any third-party information providers to the Sites from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you, or your violation of any rights of a third party.