Terms and Conditions
AUTHORITY
By using our Site, you represent that you are at least 13 years old. Persons who are at least 13 years of age but under the age of 18 may only use our Site(s) with legal parental or guardian consent. Accordingly, you agree that you are at least 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, representations, and warranties set forth in the Terms; otherwise, please exit the Site. Netvata, LLC suggests that you take advantage of any access controls offered through the Site or third-party Site(s), which are designed to assist you in limiting or blocking access to certain types of web content you may feel are harmful to or inappropriate for minors.
CHANGES TO THE TERMS OR SITE
Netvata, LLC may change or modify the Terms from time to time without notice other than posting the amended Terms on the Site. The amended Terms will be automatically effective when posted on our Site. Your continued use of our Site after any changes in these Terms shall constitute your consent to such changes. Netvata, LLC reserves the right to change, modify or discontinue, temporarily or permanently, the Site (or any portion thereof), including any and all content contained on the Site, at any time without notice. You agree that Netvata, LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site (or any portion thereof).
REGISTRATION, PASSWORD, AND SECURITY
Whenever you provide us information on our Site, you agree to: (a) provide true, accurate, current, and complete information and (b) maintain and promptly update such information to keep it true, accurate, current, and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current, or incomplete, Netvata, LLC may without notice suspend or terminate your access to our Site and refuse any and all current or future use of our Site (or any portion thereof).
If any portion of our Site requires you to register or open an account, you may also be asked to choose a password and a username. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to immediately notify Netvata, LLC of any unauthorized use of your password or account or any other breach of security. Netvata, LLC reserves the right to take any and all action, as it deems necessary or reasonable, to ensure the security of the Site(s) and your account, including without limitation terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, Netvata, LLC may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall Netvata, LLC be held liable to you for any liabilities or damages resulting from or arising out of (i) any action or inaction of Netvata, LLC under this provision, (ii) any compromise of the confidentiality of your account or password, and (iii) any unauthorized access to your account or use of your password.
PRIVACY POLICY
Please view our Privacy Policy, which explains Netvata, LLC's practices relating to the collection and use of your information through or in connection with our Site(s). Netvata, LLC's use of your information is governed at all times by our Privacy Policy, which is incorporated into these Terms. You understand that through your use of these Site(s), you consent to the collection and use of this information (as set forth in the applicable privacy policy).
TRADEMARKS AND SERVICE MARKS
Trademarks (including but not limited to Netvata, LLC and its Logo) that are used or displayed on the Site(s) are owned by Netvata, LLC or by third parties other than Netvata, LLC that offer and provide products and services on or through the Site(s). The trademarks of Netvata, LLC may not be copied or used, in whole, partial, or modified form, without the prior written permission of Netvata, LLC or, if applicable, its licensor. In addition, Netvata, LLC's custom graphics, logos, 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, partial, or modified form, without the prior written permission of Netvata, LLC. Other trademarks, and trade names are those of their respective owners.
THIRD-PARTY PRODUCTS AND SERVICES
Parties other than Netvata, LLC may offer and provide products and services on or through the Site(s). Except for Netvata, LLC-branded information, products or services that are identified as being supplied by Netvata, LLC, Netvata, LLC does not operate, control, or endorse any information, products, or services on the Site(s) or accessible through the Site(s) in any way. Netvata, LLC is not responsible for examining or evaluating, and Netvata, LLC does not warrant the offerings of, any of these businesses or individuals or the content of their websites. Netvata, LLC 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.
The Site(s) may contain links to other websites not operated by Netvata, LLC. The links are provided for your convenience. The inclusion of any links to other websites does not imply affiliation, endorsement or adoption by Netvata, LLC of those websites or the contents therein. We are not responsible for the contents, links, or privacy of any linked website. Access to any other websites linked to the Site(s) is at your own risk. When leaving the Site, you should carefully review the applicable terms and policies, including the privacy and data gathering practices, of that third-party website.
PRODUCT AND SERVICE INFORMATION
Netvata, LLC does not warrant that information, graphic depictions, product and service descriptions or other content of the Site(s) is accurate, complete, reliable, updated, current, or error-free. Despite our efforts, it is possible that the price for a product or service offered on the Site may be inaccurate or the product or service description may contain inaccuracies. In the event that Netvata, LLC determines that a product or service contains an inaccurate price or description, Netvata, LLC 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, unless prohibited by law. Netvata, LLC may make improvements or changes to any of its content, information products, services, or programs described on the Site(s) at any time without notice. You agree to notify Netvata, LLC immediately if you become aware of any pricing or descriptive errors or inconsistencies with any products or services you order through the Site(s) and comply with any corrective action taken by Netvata, LLC.
ONLINE ORDERS
In order to protect Netvata, LLC and its customers from fraudulent activity, we may implement reasonable procedures regarding any online orders including, but not limited to validating information provided or limiting the amount of equipment (e.g., wireless phones) and/or services that may be ordered online by a single individual or entity. Netvata, LLC reserves the right to further limit quantities or to cancel or reject orders in its sole discretion.
SITE SECURITY
Violating the security of our Site is prohibited and may result in criminal and civil liability. Netvata, LLC may investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems including any attempt to probe, scan, or test the vulnerability of the Site or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, e-mail header, or any part of a message header, except for the authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any use limitations.
GEOGRAPHICAL RESTRICTIONS
Unless expressly and specifically stated otherwise on the Site, Netvata, LLC provides this Site for use only by persons located within the United States. Certain subsidiaries or affiliates of Netvata, LLC only provide certain regulated telecommunications and other services in certain portions of the United States. Netvata, LLC makes no representation that all products, services and/or material described on the Site are appropriate or available for use in locations outside the United States or all territories within the United States. Those who choose to access our Site from other locations do so on their own initiative and are responsible for compliance with local laws. Certain companies affiliated with Netvata provide services and operate websites in various other countries throughout the world, some of which (websites) may be linked to from our Site. Any such International websites will be governed by their own terms of use and privacy policies and not by these Terms.
GENERAL PRACTICE REGARDING USE AND STORAGE
You acknowledge that Netvata, LLC may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Site, the maximum number of email messages that may be sent from or received by an account on the Site, the maximum size of any email message that may be sent from or received by an account on the Site, the maximum disk space that will be allotted on Netvata, LLC servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. Your use of this Site constitutes your consent to allow Netvata, LLC to store electronic communications on its servers. You agree that Netvata, LLC 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 Site. You acknowledge that Netvata, LLC reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Netvata, LLC reserves the right to modify these general practices and limits from time to time.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
ENFORCEMENT
Netvata, LLC reserves the right, but does not assume the obligation, to strictly enforce these Terms, including without limitation by issuing warnings, suspension, or termination of access to the Site(s) and/or services, and/or by removing, screening, or editing of Content, or by engaging in self-help and active investigation, litigation and prosecution in any court or other appropriate venue. Netvata, LLC may access, use, and disclose transaction information and any Content provided by you to comply with the law (e.g., a lawful subpoena) or based on Netvata, LLC's reasonable judgment that disclosure is necessary, or to enforce or apply our agreements (including these Terms), to initiate, render, bill, and collect for services, to protect our rights or property, or to protect users of Netvata, LLC services, the Site and other persons or entities from fraudulent, abusive, or unlawful use of the Site or any such services. INDIRECT, ATTEMPTED OR ACTUAL VIOLATIONS OF THESE TERMS OR ANY RELATED POLICY BY YOU OR ANY THIRD-PARTY ON YOUR BEHALF SHALL BE CONSIDERED VIOLATIONS OF THESE TERMS BY YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL NETVATA, LLC, ITS EMPLOYEES, OFFICERS, REPRESENTATIVES, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE 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 THE USE OR INABILITY TO USE THE SITE(S) OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE(S).
INDEMNIFICATION
To the extent permitted under applicable law, you agree to indemnify, defend and hold harmless Netvata, LLC and its underlying content and service providers, licensors and suppliers, and each of their respective subsidiaries, affiliates, officers, agents, and employees, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, made by any third-party due to or arising out of Submitted Material or any other content you submit, post or upload to or transmit through our Site, your use of our Site, your connection to our Site, your violation of these Terms, or your violation of any law or the rights of another.
TERMINATION/SUSPENSION
Netvata, LLC may immediately terminate or suspend your account, any associated email address, and access to all or any part of the Site(s) or change your password without notice. Cause for such termination, suspension or change shall include, but not be limited to, breaches or violations of these Terms or other incorporated agreements or guidelines, requests by law enforcement or other government agencies, a request by you (self-initiated account deletions), discontinuance or material modification to the Site(s), unexpected technical or security issues or problems, extended periods of inactivity, and engagement by you in fraudulent or illegal activities.
MISCELLANEOUS
Netvata, LLC's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms shall be governed and construed in accordance with the laws of the State of Florida applicable to agreements made and to be performed in Florida. Any legal action or proceeding between Netvata, LLC and you for any purpose concerning these Terms shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Florida. Netvata, LLC may assign its rights and duties under this Agreement to any party at any time without notice to you.