gTalk® Home Phone Service
1. Acceptance of the terms and conditions mentioned in this document ('Agreement') is a pre-condition for using any part of gTalk® Home Phone service ('gTalk®'). This service Agreement is between Genusys Inc. ('Genusys'), the provider of gTalk® Home Phone ('gTalk®') service and you ('You' or 'User). By opening gTalk® account You confirm that (a) You are over 18 years of age, (b) Competent to enter into this Agreement, and (c) will abide by the terms of this Agreement.
1.1.1 gTalk® service is Internet dependent. You must have broadband Internet service already subscribed at the place from where you want to use gTalk service. The quality and stability of gTalk® service largely depends on the quality and stability of your Internet service.
1.1.2 gTalk® is a month-to-month pre-paid service. It is designed for ordinary personal or home use only. It is NOT intended for use in life, environment, property threatening or any type of emergency situations. However gTalk® provides E911 emergency calling service whose reliability is dependent on the reliability of your Internet service. gTalk® services may not be suitable or compatible with certain data and voice services like FAX, TTY, or home security systems.
1.1.3 Unlimited calling means normal single residential use pattern. Your use of gTalk® service implies your acceptance of our policies on this matter underParagraph 35.
1.1.4 You may request cancellation of gTalk® service within 7 days of activation of your account and receive full refund of your payment. Please note that gTalk® Home service is provided on monthly term. You accept that there will not be any pro-rated refund on cancellation of your gTalk® account if the request is made 7 days past the activation of the account.
gTalk® service in Internet dependent. You must have broadband Internet service already subscribed at the place from where you want to use gTalk® service. The quality and stability of gTalk® service largely depends on the quality and stability of your Internet service on which it rides. It implies that like any other Voice Over IP ('VoIP') phone service,gTalk® service is not 'fail-safe'. So gTalk® service is designed for ordinary personal home use only. It is NOT repeated NOT intended for use in life, environment, property threatening or any type of emergency situations. gTalk® categorically disclaims any implied or express warranty of fitness of the service for any kind of emergency situations. gTalk® service provides E911 Emergency reporting service which is covered under Paragraph 19.
3. License and Limitations
3.1 Subscription of gTalk® service comes with a limited right of usage license. The license granted is personal and is NOT assignable or transferable or re-sellable and can be revoked under the terms of this Agreement. gTalk® retains all rights which are not expressly granted to You.
3.2 Subscription of gTalk® service does not grant you permission to resell the service. Written permission under separate contract is a pre-requisite for being appointed as a gTalk® reseller. As a gTalk® customer you may participate in the promotional 'Refer-a-Reward' program of gTalk® service if and when the program is launched in the future.
3.3 Subscription of gTalk® service in part or full does NOT grant any Intellectual Property of any part of the gTalk® system to You. Under all circumstances gTalk® or its licensor(s) will retain exclusive rights to the Intellectual Property of the gTalk® system.
3.4 gTalk® Home Phone reserves full rights to add, delete, or modify any of its functions. You understand that gTalk® has no obligation in making available to the User any subsequent versions of the Applications or Services.
4. Representations of Customer
You represent and warrant that:
4.1 You have authority to enter into this Agreement.
4.2 You have land and/or mobile services from other providers at all times to dial 911 or other emergency services if needed. You are not dependent on gTalk® service for reaching emergency services.
4.3 The information You provided during opening i.e. registration of Your gTalk® account are accurate. You will maintain the same information updated at all times by either logging on to your account or by calling gTalk® customer care.
4.4 You will not use the gTalk® Home Phone services violating any of the rules herein.
4.5 You own and is responsible for any transmission and content thereof passed through gTalk® system from Your account. It is your duty to not allow any unauthorized use of Your gTalk® service account at any time.
4.6 You are financially and legally responsible for the authorized or unauthorized use of gTalk® service by Your account. You will Pay for all gTalk® Home Phone services.
4.7 Your use of gTalk® services is subject to all applicable local, state, national, and international laws and regulations.
4.8 You have appropriate working Internet service paid for by You and made available for gTalk® Home Phone service to function.
5. Account Ownership
The Account owner shall be You who signs up for gTalk® service and whose credit card information is on gTalk® records. Subsequent changes to ownership must be supported by appropriate legal documentation. If at any point in time gTalk® is unable to determine the valid owner of the Account, gTalk® reserves the right to suspend or terminate the account and services immediately.
6. Promotion of gTalk® Services
From time to time in the future You may receive gTalk® related updates and marketing and/or promotional information at no cost to you ('Promotional Information'). The mode of delivery of these information may be email, mail, flyer, web posting etc. You may request to unsubscribe these if you want. You must understand and agree that Information on special promotion offered is confidential and need to be treated as such.
7. Product Information and Availability
7.1 gTalk® makes every effort to accurately present product description, availability, and pricing ('Product Information'). Nevertheless, errors may occur though rarely. So gTalk® does not warrant that Product Information in its website www.gtalkhome.com, marketing materials, promotional flyers, advertisements, or other printed or electronic materials ('Service Product Materials') is accurate, complete, reliable, current, or error-free. In the rare events of errors/inaccuracies detected or reported by customers, gTalk® may take reasonable action to fix the issue immediately. You agree to immediately inform gTalk® on any errors or inconsistencies with any gTalk Products Information You may come across.
7.2 You understand that gTalk® Home Phone service may experience downtime, though rarely, primarily due to instability in the Internet service You provide. As a general rule, for minor downtime (several hours at a time) no credit allowance will be admissible. For larger down time gTalk® Home Phone at its sole discretion may grant service credit on case-by-case basis equivalent to the actual prorated charges for the down time. Credit allowances for interruption of the Services may only be provided on a case-by-case basis at the sole discretion of gTalk® and shall be Your sole remedy for any Service interruptions or other issues with the Services.
8. Standard Usage Policies
8.1 Under no circumstances gTalk® service be used for improper, illegal, infringing, harassing, threatening or fraudulent purposes.
8.2 Usage of gTalk® service by a client must not interfere with the usage of the same service by some other client or damage the gTalk® system itself.
9.Charges, Credits and Taxes
9.1 You will be invoiced on all the services Your account uses including taxes and fees. Also You are responsible for settling those invoices in time.
9.2 All rates and fees for gTalk® services irrespective of where advertised are exclusive of any federal, state, local taxes (Taxes and Fees). You agree to pay all Taxes and Fees and/or similar liabilities that may now or hereafter be levied on the Services which are recoverable from customers by any federal, state, local, or international law or regulation, as well as any administrative and recovery fees and charges levied on the Services by gTalk®, whether or not mandated by law or regulation.
10. Service Plans
gTalk® offers or may offer in the future different service plans to its customers with different rate elements such as monthly plan, pre-paid plan, metered plan, unlimited plan etc. Each plan has its special terms and privileges. You need to consider all terms of your selected plan carefully before signing on.
gTalk® Home offers or may offer in the future different service plans to its customers with different rate elements such as monthly plan, pre-paid plan, metered plan, unlimited plan etc. Each plan has its special terms and privileges. You need to consider all terms of your selected plan carefully before signing on. gTalk® Home customers may change their subscribed service plan on any day. However this action will change the billing date to the change of service date. Also the customer has to pay for the new plan from the change of service date. In such cases customers will not be entitled to any remaining value of the old plan.
11. Add-On Services
Add-On services are optional services that a gTalk® Home World customer may buy to make calls to international destinations that are not covered under his/her current gTalk® Home service plan subscribed. You understand that these services are offered in the form of non-refundable Pay Per Package (PPP) services. The balance of PPP services are in minutes of calls which must be used up within specified package duration. Customers will have the choice of purchasing an Add-On service as a one-time purchase or setup the system to auto-purchase under certain conditions i.e. exhaustion of call minutes or on the PPP expiration date. Purchase of Add-On service and Monthly service charges are billed and invoiced separately. You understand that gTalk® Home reserves the right to introduce new, modify, and/or cancel existing Add-On services without any notice to customers. However any PPP-deal already sold and still live will be served through respective pre-set expiration date. New or changed rates for Add-on services will only be applicable for new purchases. You also understand that the official notification of any changes to any existing Add-On service plans or introduction of new Add-ONservice plans will be posted on the web www.gtalkhome.com. gTalk® Home at its discretion may send out such notification by email.
Plan Credits, Additional Credits, Promotional Credits, and International Calling Credits have no monetary value and cannot be exchanged for the cash value at any time after such credits are purchased by You. Any unused Monthly Credits expire at the end of the relevant Service month and do not "roll over" to the next month. Additional Credits and Promotional Credits expire according to the terms of their purchase. If a promotion and/or discount is offered on a confidential basis, You agree not to disclose the promotion and/or discount to others.
13. Billing and Payment
13.1 Any charges whether initial, usage, monthly, support, and other fees are billed in full in advance and must be pre-paid. Account closing, equipment return fees and transfer charges, if any, are billed in arrears. Upon termination of Your Account for any reason, all unused Plan Credits shall expire in their entirety on the termination date. No refund, transfer or proration shall be made for any unused Plan Credits, Additional Credits, Promotional Credits, or of any remaining periods/months on any Service plan. However International calling credits if any may be refunded less $3 administrative fees.
13.2 When You open account You will provide us a valid credit card information and authorize gTalk® to settle pre-payments and/or invoices. You agree to notify us of any changes to Your credit card information within 7 days of its occurrence or you may make the changes Yourself by login on to your account. Anytime a charge attempted by gTalk® on your credit card to settle an invoice is declined for any reason gTalk® will immediately notify you of the incident by email. In addition depending on the duration of delay in payment of monthly invoice following actions will be taken:
If you suspect fraudulent activity or erroneous charges in Your account, You must inform gTalk® of such event immediately. Frequently, gTalk® can resolve the issue without bank or credit card company intervention. To report fraudulent activity or erroneous charges on Your gTalk® Account, contact gTalk® customer support at 866-4811010. If You do not contact gTalk® within thirty (30) days after the suspected fraudulent activity or erroneous charges appear on Your Account, You waive Your rights to object to or challenge such activity or charges. Furthermore, if You request that Your bank or credit card company perform a chargeback without first contacting gTalk®, and gTalk® subsequently determines that the charges at issue are not erroneous, gTalk® reserves the right to terminate Your Account immediately and take any available legal action. However,You are solely liable for any transactions or activities and in no event shall gTalk® be liable for any unauthorized use of Your Account.
15. Billing Disputes
You must dispute any charges for the Services in writing to gTalk® Home Phone within thirty (30) days of the date of the charge by gTalk®. If You fail to provide a written statement explaining in reasonable detail Your reasons for disputing the charge within such time period, You hereby waive any objection and further recourse with regard to such charges. Written statements disputing charges must be sent to firstname.lastname@example.org.
16. Copyright .
Any claim of copyright infringement Pursuant to Title 17, Section 512 of the United States Code for any material You believe to reside on gTalk®'s Applications should be provided in writing to gTalk®'s Legal Department at our current address as posted on gTalk® Website.
17. Export Restrictions
You affirm that You are not located in a country which is subject to a U.S. Government embargo.
To the maximum extent permitted by applicable law, You shall indemnify and hold harmless, individually and collectively, gTalk®, its affiliates, agents, resellers, and other providers who furnish goods and services to You in connection with the Services, and their officers, directors, managers, employees, and shareholders (the "Indemnified Parties") from and against any and all liability/claims.
19. Number Porting and Availability
19.1 gTalk® will use reasonable efforts on port requests from You. You agree to provide us necessary information for the execution of porting between service providers.
19.2 You acknowledge and understand that number porting depends on the cooperation of third parties outside of gTalk®'s control. Accordingly, You agree that gTalk® will not be liable for any failure/delay of any other party to cooperate in the porting process.
19.3 gTalk® Home offers phone number porting service free of charge ONLY if the request is made at the time of opening a new account. However if you want to replace your existing active gTalk Home phone number by (i) either a new number or by (ii) porting from other service provider, then subject to availability/portability of the number you have to pay a one-time number replacement service fee of $20.
19.4 You understand and agree that gTalk® may from time to time need to change the telephone number assigned to You (due to reasons beyond our control). gTalk® shall not be liable for any damages to You in such event.
20. 911 Service (E911)
20.1 gTalk® Home VoIP 911 service operates differently than traditional 911 or E911 service. We are required by the FCC to advise you of the circumstances under which 911service may not be available or may be in some way limited in comparison to traditional 911/E911 service. Such circumstances include:
20.1.1 Internet Service Outage. You understand clearly that outage of Internet service over which Your gTalk® Service rides will interrupt your gTalk® Hone service. During that interruption You will not have access to gTalk® Home service and therefore 911 emergency service will also NOT be available.
20.1.2 Number Flexibility & Service Portability. Traditional 911 service automatically sends Your 911 call to the appropriate local emergency responder, or Public Safety Answering Point ("PSAP"). Traditional E911 service automatically sends Your 911 call to the appropriate PSAP along with Your registered address and telephone number. Because the gTalk® Home Phone service permits You to obtain a telephone number that may not correspond to Your geographic location (for example, You may obtain a gTalk® telephone number with a California area code even if You do not have a California address) and allows You to use gTalk® Home service from anywhere having broadband Internet access, the gTalk® Home VoIP 911 service cannot report Your actual location if that is not Your registered address with gTalk®. So Youmust understand and discharge Your responsibilities in making Your 911 calls effective, which are:
22.214.171.124 You must provide gTalk® with the street address(es) where You will be using gTalk® Home Phone Service ("Registered Location(s)") when You sign up for the service.
126.96.36.199 gTalk® Home Phone Service will, where possible, automatically transmit Your Registered Location to the PSAP. You must update Your Registered Location with gTalk® to ensure that the VoIP 911 service transmits Youraccurate location information to the PSAP.
188.8.131.52 If You relocate any gTalk® device (PC with softphone, IP phone, or ATA with traditional phone) that You use to access the gTalk® Home Service, You are responsible for updating Your Registered Location(s) with gTalk®. If You do not update your Registered Location(s), any 911 emergency call You make using the gTalk® Home Service will be routed based on Your previously provided Registered Location and therefore may not be routed to the appropriate PSAP for Your new location.
184.108.40.206 Unless You have a backup system to power Your broadband Internet connection and gTalk® device (PC with softphone, IP phone, ATA with traditional phone) that You use to access Your gTalk® Home Service, You will not have phone service and 911 emergency service during any power outage.
220.127.116.11 If You travel overseas and carry your gTalk® Home Phone device along to use it there You should know that 911 emergency service will NOT be available from outside USA.
20.2 Update Registered Location: You may update Your Registered Location by logging on to Your Account settings page or calling customer support at (866) 481-1010. For the purposes of 911 Dialing, You may only register one Registered Location for each gTalk® Home account.
20.3 Notify All Users of 911 Limitations. You should inform all household residents, guests, and other persons who may be present at the physical location where You utilize the VoIP Service that 911 service may not be available or may be in some way limited in comparison to traditional 911/E911 service.
20.4 Recording of 911 Emergency Call Conversation: Please know that, for your safety, all 911 emergency calls made using gTalk® Home Phone Service will be automatically recorded by gTalk® Home service system.
20.5 Misuse of 911 Emergency Call Service: Misuse, false or improper use of 911 emergency call service is an offence and may be subjected to fines and/or other forms of punishments by concerned authorities. So please use Your common sense and judgment in making a 911 call.
20.6 Disclaimer of 911 Liability. gTalk® Home Phone Service disclaims all responsibilities for the conduct of PSAPs, the National Emergency Call Center, and all other third parties involved in the provision of emergency response services. gTalk® Home Phone Service does not have any control over PSAPs, the National Emergency Call Center, or other third parties and is therefore not responsible for whether they answer 911 calls made using the gTalk® Home Phone Service, how they answer these calls, or how they handle or respond to these calls. gTalk® Home Phone relies on third party service in the provision of 911 service and disclaims any and all liability for acts or omissions by third parties in the provision of gTalk® Home Phone's 911 emergency call service.
21. Activation of New gTalk® Home Account
Following opening of a new account gTalk® will (a) conduct verification of account information, (b) send gTalk® Home device to the customer, and (c) if requested, start processing porting of existing phone number. The new account will be activated for service and billing purpose within 7 days of receipt of the device by the customer or porting of customer's existing number (if requested) , whichever is later.
22. Cancellation and Termination of Service Account
22.1 Account cancelation within 7 days past activation date: You have the option to cancel or terminate Your gTalk® service within 7 days from activation of the service. Subject to return back and receipt confirmation of gTalk device with Ethernet cable and power adapter by gTalk Home in good working condition, You will be refunded the full amount You paid. The device along with its components should be returned by certified mail to 209 State Hwy 121 Bypass, Suite 31, Lewisville TX 75067.
22.2 Cancellation of Inactive account after one month of opening of the account: Request for cancellation of an account remaining inactive (for reasons attributable to the customer) for over a month will incur a $5 cancellation charge.
22.3 You understand and agree that gTalk® may at any time, and without additional notice to You, terminate, modify, suspend, disconnect, discontinue, or block access to some or all of the features of the Application or Services if gTalk® determines that You have materially breached this Agreement.
22.4 Upon any termination or suspension of Your Account, gTalk® may immediately deactivate or delete Your Account and all related information and files in Your Account and/or restrict any further access to such files, information, or the Applications or Services.
22.5 gTalk® shall not be liable to You or any third party for any reason for terminating or suspending Your use or access to the Applications or Services. If You or gTalk® terminate or suspend Your right to use the Services, You shall not be entitled to any refund or pro ration of any pre-paid amounts, Plan Credits, international calling credits, or other amounts paid to gTalk® prior to the termination or suspension date.
23. Equipment Return Policy
23.1 You agree to cover shipping expenses for any hardware returned to gTalk® for any reason, including when returned hardware is covered under warranty.
23.2 Entitlement of refunds, if any, associated with equipment return situations will be governed by the Service Cancellation Policy as defined in Paragraph 20.
23.3 In addition, the following terms apply to hardware returns:
23.3.1 All hardware must be fully functional, include all components, manuals, peripheral devices, and all other accessories including original box that were shipped with the hardware. At our discretion, we may decline Your return or charge you an additional fee of twenty dollars ($20) for each missing item or for each item that we determine is damaged or not in good working condition.
23.3.2 Loss of personal data on account cancelation: Please note that You will lose all Your personal data with gTalk® Home service e.g. call log, recharge log etc. on cancelation of Your gTalk® Home account.
24. Recording Conversations
Certain gTalk® Services provide a function that allows You to record individual telephone conversations. The laws regarding the notice, notification, and consent requirements for recording conversations vary from state to state. You are solely responsible for complying with all federal, state, and local laws in any relevant jurisdiction when using this feature. gTalk® expressly disclaims all liability with respect to your recording of telephone conversations.
25. Storage of User Information
gTalk® is not obligated to store Your communications logs, voicemails, faxes, e-mails, or other messages and does so only as a convenience to You. You agree that gTalk® has no responsibility or liability whatsoever for the deletion or failure to store any customer call log. You acknowledge and agree that gTalk® may establish limits as to the size of communications that gTalk® transmits or stores and the duration for which gTalk® Home Phone stores any communications.
26. Support and Feedback
26.1 gTalk® provides technical service support to You via telephone and e-mail. gTalk® will use reasonable efforts to troubleshoot and resolve issues reported by You but does not make any representations or guarantees that gTalk® will be able to fully resolve any such issues. Except as provided in this section, gTalk® has no obligation to provide additional customer support, technical support, or to provide solutions (e.g., bug fixes to software) to any issues that may arise in Your particular use of the Services.
26.2 From time to time, gTalk® may send You service feedback material. You hereby grant gTalk® a perpetual, unlimited, worldwide fully-paid up, royalty free license to use all feedback, answers, ideas, comments, or other information You provide to gTalk®.
27. Force Majeure
gTalk® shall be excused from any delay or failure in performance hereunder caused by reason of occurrence or contingency including but not limited to, acts of God or suppliers, sabotage, war, government requirements, or other events that are beyond gTalk®'s reasonable control.
28. Warranty Disclaimer
THE SERVICES PROVIDED HEREUNDER ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND gTalk® Home Phone MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY, WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF OR ANY COUNTRY. gTalk® Home Phone MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES ARE FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS (INCLUDING PATENT AND TRADE SECRET RIGHTS). THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE SERVICES SHALL BE BORNE SOLELY BY YOU.
gTalk® Home Phone MAKES NO WARRANTY ON UP-TIME or RESPONSE TIMES.
gTalk® Home Phone MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED.
gTalk® Home Phone DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM gTalk® Home Phone, ITS EMPLOYEES, RESELLERS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT gTalk® Home Phone CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
29. Limitation of Liability
IN NO EVENT SHALL gTalk® Home Phone BE LIABLE TO YOU OR ANY THIRD PARTY FOR SPECIAL, EXEMPLARY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND WHETHER ARISING UNDER CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR ANY OTHER THEORY OF LIABILITY, EVEN IF gTalk® Home Phone HAS BEEN INFORMED IN ADVANCE OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN BY gTalk® Home Phone. gTalk® Home Phone'S TOTAL LIABILITY FOR ANY AND ALL DAMAGES, REGARDLESS OF THE FORM OF THE ACTION, SHALL BE LIMITED AND CAPPED IN THEIR ENTIRETY TO THE MONTHLY FEES gTalk® Home Phone CHARGED YOU DURING THE ONE (1) MONTH IMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED. THE LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY IN ANY AND ALL CIRCUMSTANCES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO CERTAIN OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Notices to You shall be effective on the date sent to Your registered electronic mail address when sent by email or, at gTalk®'s option, three (3) days following the date deposited in regular United States Mail, postage prepaid, and addressed to Your current address on Your Account. You are responsible for notifying gTalk® of any changes in Your contact information or address through Your Account settings page or by contacting our customer service. Written notice to gTalk® shall be effective when directed to gTalk® and received at gTalk®'s then-current address as posted on gTalk® Website. Your notice must specify Your name, Account telephone number, and address. All notices from You to gTalk® must be made in writing.
gTalk® may assign this Agreement and any of its rights and obligations hereunder at any time. You may not transfer or assign this Agreement or any of Your rights or obligations under this Agreement. Any purported transfer or assignment in violation of this section is void. Subject to the foregoing, this Agreement shall be binding on the parties, their successors, permitted assigns, and legal representatives.
32. Future Changes to this Agreement
We may change the terms of this Agreement from time to time upon delivery of electronic or written notices to You. gTalk® generally provides written notice of changes to Your account, including this Agreement and any other legal agreements, via email, electronic notice on the gTalk® Website or Your Account Page, or on Your billing statements. You agree to carefully read and review each such e-mail notice, electronic notice, and billing statement from gTalk® fully regarding any such notices of changes to Your Account.
33. Interpretation of this Agreement
This Agreement, including the documents incorporated herein, constitutes the entire agreement between You and gTalk® with respect to the Applications and Services and supersedes all prior or contemporaneous understandings regarding such subject matter. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions shall remain in full force and effect. The failure of gTalk® to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or any other provision.
34. Dispute Resolution and Optional Arbitration .
34.1 In the event of any dispute, claim, question, or disagreement between You and gTalk® ("Dispute"), You and gTalk® shall first use reasonable best efforts to settle the dispute, claim, question, or disagreement. To this end, You and an authorized member of gTalk®'s legal department (or other representative of gTalk® designated by the legal department) shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. Neither You nor gTalk® Home Phone shall file or pursue any Disputes in any court, administrative, arbitral, or other adjudicative body prior to engaging in such consultations and negotiations.
35.2 You agree that any Disputes shall be adjudicated in the state and federal courts of the State of Texas, U.S.A. Notwithstanding the adjudication requirement above, for any Disputes involving ten thousand dollars ($10,000) or less, either party may choose to resolve such Dispute through binding, non-appearance-based arbitration (i.e., arbitration conducted online, through written filings, and/or via teleconference). Such arbitration shall be conducted through an established alternative dispute resolution provider mutually agreed upon by the parties, and any judgment rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator's decision shall be final and legally binding.
36.3 In the event of any litigation/arbitration between You and gTalk®, the non-prevailing party shall reimburse the prevailing party for all reasonable and documented attorneys' fees, costs, and expenses relating to the Dispute.
36.4 This Agreement and Your use of the Applications and Services shall be governed by and construed under the laws of the State of Texas and the United States without regard to its conflict of law rules.
37. Prohibited Uses of gTalk® Home Phone includes but are not limited to:
37.1 Behavior that is illegal, obscene, threatening, harassing, defamatory, libelous, deceptive, fraudulent, malicious, infringing, tortious, or invasive of another's privacy.
37.2 Exceeding normal usage pattern for the service subscribed. The normal usage pattern is solely decided by gTalk®.
37.3 Multiple simultaneous calls through one line or usage of a single line by multiple persons.
37.4 Presenting a false ID.
37.5 Predictive dialing.
37.6 Sending bulk voicemail i.e. spamming.
37.7 Intentionally left blank.
38. Fair Use Policy of gTalk® Home Service
38.1 gTalk® has prepared this Fair Use Policy ("Policy") as a guide for its customers to understand the intended and permissible uses of our service, and to prevent exploitation, fraud, and abuse of its unlimited calling plans and features. This Policy is based upon the relevant provisions in our Terms of Service and is applicable to all our services.
38.2 Normal, Fair Residential Use. gTalk® Home Phone's service is a single (and not extended or multi-) family residential voice service. It is engineered to process and deliver traffic profiles and utilization levels of our typical residential customers' calling patterns (hereafter also referred to as "normal" residential use). "Unlimited" refers to that type and level of usage. "Typical" refers to the calling patterns of at least 95% of our customers on a particular calling plan. Normal residential traffic profiles and utilization do not include business line or trunk class of service levels that may arise from business, multiple or extended family, community or fraudulent use. "Unlimited" does not refer to those types and levels of usage. Telephone utilization that is indicative of, or arising from, impermissible business, multiple family, community or fraudulent use, as outlined herein, on a residential class of service line may create network congestion that will manifest itself in increased busy signals for themselves and others.gTalk® Home Phone's residential unlimited service plans and features are only for single (and not extended or multi-) family residential (or personal, non-commercial) or co-branded use only. Co-branded use is defined as gTalk® Home Phone service that is provided by a third party partner under that third party partner's marketing brand, with or without reference to gTalk® Home Phone. This means that only the account holder, residential family members, and those extensions registered with gTalk® Home Phone by the account holder may use gTalk® Home Phone's residential unlimited service plans. Residential family members include your immediate family who reside in your personal residence - e.g., spouse, domestic partner, parents and/or children. If your residential service plan allows you to extend the service or feature(s) to another residential or mobile number, all use under that service plan is aggregated and must conform to single (and not extended or multi-) family residential (or personal, non-commercial) or co-branded use.
38.3 Impermissible Use(s). gTalk® Home Phone evaluates customer usage in comparison to typical levels of permissible usage engaged in by legitimate customers (residential use under residential service plans, small business use under small business service plans, or affiliate use under co-branded service offers or plans). Each of the following is impermissible under gTalk® Home Phone's residential unlimited plans and considered outside of normal single (and not extended or multi-) family residential (or personal, non-commercial) or co-branded use:
Over 95% of gTalk®'s residential unlimited calling plan customers use less than 3000 minutes per month and do not have any unusual usage patterns in terms of unique numbers called, high call forwarding/transferring usage and so on. A customer's aggregate usage may be considered outside of normal use if it exceeds 3000 minutes per month IN COMBINATION with one or more of the following, including, but not limited to, excessive:
Based on such a combination, gTalk® Home Phone may determine that abnormal, unreasonable or impermissible usage is occurring when compared to typical customers on the same calling plan, and may take appropriate steps described below to enforce this Policy and the Terms of Service ("gTalk® Home Phone's Rights"). gTalk® Home Phone may also determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps described below even if the number of minutes used is not excessive, when a customer's calling patterns during more than one month reflect excessive:
38.4 Changes. gTalk® reserves the right to change this Policy at any time. Changes shall become effective when a revised Policy is posted to gTalk® websites (www.gtalkhome.com).
39.2 Collection of Information. We collect personally identifiable information like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is strictly used to fulfill your specific requirements. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.
39.3 Cookie/Tracking Technology. The site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technologies, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties
39.4 Distribution of Information. We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
39.5 Commitment to Data Security. Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.