1. Acceptance of Terms
Welcome to the Global Investors Network (GIN) website. Global Investors Network (GIN) is a project of its owner company Global Center for Sustainable Peace & Good Governance Ltd Registration No. 15222438 Address: Office 7565, 182-184 High Street North, East Ham, London, United Kingdom, E6 2JA.
By using the GIN website, you agree to these Terms of Use. If you do not agree, please do not use the site. These Terms of Use may be updated at any time without notice. GIN provides its service to the user of the GIN website subject to the following Terms of Service ("TOU") which may be updated by GIN at any time without notice to the user. The user of the GIN website can review the most current version of the TOU at any time by accessing the "Terms and Conditions" link on the GIN website. In addition, when using particular GIN services, the user of the GIN website and GIN shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOU. GIN also may offer other services from time to time, which may be governed by different Terms of Use. These TOU do not apply to such other services.
2. Description of Service
GIN currently provides users with access to a broad range of financial investment, tax, accounting, and other resources directly as well as through its network of contacts and service providers (the "Service"). The user of the GIN website also understands and agrees that the Service may include advertisements and that these advertisements may be necessary for GIN to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOU. The user of the GIN website understands and agrees that the Service is provided "AS-IS" and that GIN assumes no responsibility for the timeliness, deletion, miss-delivery, or failure to store any user communications or personalization settings. The user of the GIN website is responsible for obtaining access to the Service, and that access may involve third party fees (such as Internet service provider or airtime charges). The user of the GIN website is responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, the user of the GIN website must provide and is responsible for all equipment necessary to access the Service.
3. Registration Obligations
In consideration of the user of the GIN website using the Service, the user of the GIN website agrees to: (a) provide true, accurate, current and complete information about the user of the GIN website as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the user of the GIN website provides any information that is untrue, inaccurate, not current or incomplete, or GIN has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GIN has the right to suspend or terminate the account of the user of the GIN website and refuse any and all current or future use of the Service (or any portion thereof).
4. GIN Privacy Policy
The information submitted to us will be used primarily for the purpose of creating successful matches between entrepreneurs and investors. Any information received is necessary to provide a level of certainty of intent and to maximize credibility. It may also be used to provide backup that may be helpful in your desire to seek capital and/or to invest. It is also needed in order to aid with the continual improvement of the site, compile basic demographic data, and to generally improve the services offered to you. The company will not sell, share, or rent your confidential information to any independent third parties without your prior consent.
Indexing - Please note that the title and short summary of entrepreneurs' pitches will be indexed on Google to attract more interest to your project. We therefore advise you not to include any confidential information in these sections of your pitch.
Cookies - If you decide to register as an entrepreneur or investor with GIN, "cookies" are used to recognize you on subsequent visits and to make your online experience more user-friendly. "Cookies" are small bits of data that can be sent to your computer, which then may be stored by your browser on your computer's hard drive. They cannot be used to retrieve data from your hard drive, email addresses, or personally identifying information about you in any way. Most web browsers have features that can notify you when you receive a "cookie" or prevent "cookies" from being sent. Please note that by not accepting cookies you will limit the website’s functionality.
Security - Transaction information can be securely transmitted to the payment gateway via secure SSL connections. We do not store credit card details, nor do we share customer details with any 3rd parties.
Sponsor Sites - GIN provides links to third-party sponsors. These sponsors are independent of this site and regulated by their own policies and procedures. We do not share customer details with any 3rd parties.
5. Member Account, Password, and Security
The user of the GIN website is responsible for maintaining the confidentiality of the password and account and is fully responsible for all activities that occur under its password or account. The user of the GIN website agrees to (a) immediately notify GIN of any unauthorized use of its password or account or any other breach of security, and (b) ensure that the user of the GIN website exits from its account at the end of each session. GIN cannot and will not be liable for any loss or damage arising from failure of the user of the GIN website to comply with this Section 5.
6. Member Conduct
The user of the GIN website understands that all information, data, text, software, sound, photographs, graphics, video, messages, or other materials (the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the user of the GIN website, and not GIN, is entirely responsible for all Content that the user of the GIN website uploads, posts, emails, transmits, or otherwise makes available via the Service. GIN does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. The user of the GIN website understands that by using the Service, the user of the GIN website may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will GIN be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.
The user of the GIN website agrees to not use the Service to:
- Upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
- Harm minors in any way;
- Impersonate any person or entity, including but not limited to a GIN official, forum leader, guide or host, or falsely state or otherwise misrepresent the affiliation of the user of the GIN website with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- Upload, post, email, transmit, or otherwise make available any Content that the user of the GIN website do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party;
- Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (if any) that are expressly designated for such purpose;
- Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, provincial, national, or international law, including but not limited to regulations promulgated by any National, State, Provincial, or other Securities Commission or authority, any rules of any national or other securities exchange, and any regulations having the force of law;
- Stalk or otherwise harass another;
- Collect or store personal data about other users.
The user of the GIN website acknowledges that GIN does not pre-screen Content, but that GIN and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, GIN and its designees shall have the right to remove any Content that violates the TOU or is otherwise objectionable. The user of the GIN website agrees that it must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, the user of the GIN website acknowledges that the user of the GIN website may not rely on any Content created by GIN or submitted to GIN, including without limitation information in GIN Message Boards and in all other parts of the Service.
The user of the GIN website acknowledges and agrees that GIN may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GIN, its users, and the public. The user of the GIN website understands that the technical processing and transmission of the Service, including the Content of the user of the GIN website, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. Special Admonitions for International Use
Recognizing the global nature of the Internet, the user of the GIN website agrees to comply with all local rules regarding online conduct and acceptable Content. Specifically, the user of the GIN website agrees to comply with all applicable laws regarding the transmission of technical data exported from the country in which the user of the GIN website resides.
8. Content Submitted or Made Available for Inclusion on the Service
GIN does not claim ownership of Content the user of the GIN website submits or makes available for inclusion on the Service. However, with respect to Content the user of the GIN website submits or makes available for inclusion on publicly accessible areas of the Service, the user of the GIN website grants GIN the following world-wide, royalty-free, and non-exclusive license(s) as applicable:
- With respect to Content the user of the GIN website submits or makes available for inclusion on publicly accessible areas of GIN Message Boards and GIN Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service solely for the purposes of providing and promoting the specific GIN Message Board or GIN Group to which such Content was submitted or made available. This license exists only for as long as the user of the GIN website elects to continue to include such Content on the Service and will terminate at the time the user of the GIN website removes or GIN removes such Content from the Service.
- With respect to photos, graphics, audio, or video the user of the GIN website submits or makes available for inclusion on publicly accessible areas of the Service other than GIN Message Boards or GIN Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as the user of the GIN website elects to continue to include such Content on the Service and will terminate at the time the user of the GIN website removes or GIN removes such Content from the Service.
- With respect to Content other than photos, graphics, audio, or video the user of the GIN website submits or makes available for inclusion on publicly accessible areas of the Service other than GIN Message Boards or GIN Groups, the perpetual, irrevocable, and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Service are those areas of the GIN's network of properties that are intended by GIN to be available to the general public. By way of example, publicly accessible areas of the Service would include GIN Message Boards and portions of GIN Groups that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of GIN Message Boards and GIN Groups that are limited to members, GIN services intended for private communication, or areas off of the GIN's network of properties such as portions of World Wide Web sites that are accessible through the GIN but are not hosted or served by the GIN.
9. Payments
- General: The subscription plan to our Services consists of an initial charge and then followed by recurring period charges as agreed to by you. By entering into this Agreement you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. By subscribing to our Services you are agreeing to pay recurring periodic subscriptions for an indefinite time until cancelled by you. You can cancel your subscription at any time. You will not be charged for any cancellation. You can re-subscribe at any time following your cancellation, but we reserve the right not to permit re-subscription where we have previously elected to terminate a subscription by you.
- Price: The prices for the Services include VAT and any other taxes as applicable.
- Payment: Payment of the Services is to be made by credit card, debit card, or PayPal. Payments are processed by means of a third party. Therefore, we have no access to payment information, nor subsequently store said piece of information. You must update the payment information provided to us from time to time in order to ensure that it’s accurate and up-to-date. Should a payment not be processed because you fail to meet the obligations set forth in this section, your access to or use of the Services may be suspended or terminated.
- Invoicing: The Services are invoiced in advance. You expressly authorize us to issue electronic invoices for the Services.
- Automatically upgrading your plan: If you are under a paid plan, you may opt to upgrade to the next available plan. If activated, you will be expressly authorizing us to charge you for the difference between your then-current plan and the plan you are updating to. The paid plan to which you have been upgraded to will then auto-renew on a rolling basis.
- Note: Please note that by publishing your pitch, GIN will take this as your express request to start work straight away, and you acknowledge that you will lose your 14-day right to cancel.
10. Indemnity
The user of the GIN website agrees to indemnify and hold GIN, and its subsidiaries, affiliates, officers, agents, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content the user of the GIN website submits, posts, transmits, or makes available through the Service, the use of and connection to the Service by the user of the GIN website, the violation of the TOU, or of any rights of another by the user of the GIN website.
11. No Resale of Service
The user of the GIN website agrees not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, including any intellectual property rights of GIN or any person, firm, or corporation having posted information for availability through the Service.
12. General Practices Regarding Use and Storage
The user of the GIN website acknowledges that GIN may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings, or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on GIN's servers on behalf of the user of the GIN website, and the maximum number of times (and the maximum duration for which) the user of the GIN website may access the Service in a given period of time. The user of the GIN website agrees that GIN 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 Service. The user of the GIN website acknowledges that GIN reserves the right to log off accounts that are inactive for an extended period of time. The user of the GIN website further acknowledges that GIN reserves the right to change these general practices and limits at any time in its sole discretion with or without notice.
13. Modifications to Service
GIN reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The user of the GIN website agrees that GIN shall not be liable to the user of the GIN website or to any third party for any modification, suspension, or discontinuance of the Service.
14. Termination
The user of the GIN website agrees that GIN, in its sole discretion, may terminate the password, account (or any part thereof) of the user of the GIN website or the use of the Service and remove and discard any Content within the Service, for any reason, including without limitation, for lack of use or if GIN believes that the user of the GIN website has violated or acted inconsistently with the letter or spirit of the TOU or the GIN Acceptable Use Policy. GIN may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. The user of the GIN website agrees that any termination of the user's access to the Service under any provision of this TOU may be effected without prior notice, and acknowledges and agrees that GIN may immediately deactivate or delete the user's account and all related information and files in the user's account and/or bar any further access to such files or the Service. Further, the user of the GIN website agrees that GIN shall not be liable to the user of the GIN website or any third-party for any termination of its access to the Service.
15. Dealings with Advertisers
The correspondence or business dealings or participation in promotions of advertisers found on or through the Service by the user of the GIN website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between the user of the GIN website and such business promoter or advertiser. The user of the GIN website agrees that GIN shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such businesses, promoters, or advertisers on the Service.
16. Links
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because GIN has no control over such sites and resources, the user of the GIN website acknowledges and agrees that GIN is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. The user of the GIN website further acknowledges and agrees that GIN shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods, or services available on or through any such site or resource.
17. GIN's Proprietary Rights
The user of the GIN website acknowledges and agrees that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The user of the GIN website further acknowledges and agrees that Content contained in sponsor advertisements or information presented to the user of the GIN website through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by GIN or advertisers, the user of the GIN website agrees not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.
GIN grants the user of the GIN website a personal, non-transferable, and non-exclusive right and license to use the Service; provided that the user of the GIN website does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the GIN website, the Software, or the Content. The user of the GIN website agrees not to modify the Software in any manner or form, or to use modified versions of GIN website, the Software, or the Content, including (without limitation) for the purpose of obtaining unauthorized access to the Service. The user of the GIN website agrees not to access the Service by any means other than through the interface that is provided by GIN for use in accessing the Service.
18. Disclaimer of Warranties
The user of the GIN website expressly understands and agrees that:
- a) its use of the Service is at its sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. GIN expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
- b) GIN makes no warranty that (i) the service will meet the requirements of the user of the GIN website, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by the user of the GIN website through the service will meet its expectations, and (v) any errors in the Software will be corrected.
- c) Any material downloaded or otherwise obtained through the use of the Service is done at the sole discretion and risk of the user of the GIN website and that it will be solely responsible for any damage to its computer system or loss of data that results from the download of any such material.
- d) No advice or information, whether oral or written, obtained by the user of the GIN website from GIN or through or from the Service shall create any warranty not expressly stated in the TOU.
- e) It waives any claims it now has or in the future may have which gives or provides the user of the GIN with any cause of action whatsoever.
- f) Notwithstanding any other provisions herein, user of the GIN acknowledges that neither the GIN or its Contributors, nor their affiliates or representatives, shall be liable to the user of the GIN for special, incidental, or consequential, special, direct, or indirect damages arising directly or indirectly from any occurrence whatsoever (including without limitation, loss of profits, loss of business opportunity, loss of property of any nature whatsoever) whether or not such damages were foreseeable by the GIN or its Contributors or any one of them was advised of the possibility of such damages, and whether otherwise arising from any contractual tortuous acts or omissions of either party or of their respective affiliates or representatives, and whether or not it had any knowledge, actual or constructive, that such damages might be incurred for having relied on the material, information, data, or the Content presented or forming part of any of the GIN website to make personal, medical, legal, tax, accounting, investment, or financial decisions.
- g) The user of the GIN accepts total responsibility for any agreement, understanding, or relationship the user of the GIN enters into with any of the Contributors. Further, the user of the GIN understands, acknowledges, and agrees that GIN in no manner whatsoever endorses the said Contributors or whatever pitch may be presented by such Contributors, and that GIN shall not be held liable for any claims of any nature whatsoever arising or resulting from any thesis or pitch of any of the Contributors or from any agreement, understanding, association, investment, or relationship concluded, agreed, made, or established between the user of the GIN and any of the Contributors of any type and for any reason whatsoever.
- h) The user of the GIN understands, acknowledges, and agrees that the GIN website is designed as an educational and networking tool only and that GIN is not engaged in rendering, nor is it representing itself as rendering, legal, tax, financial, accounting, medical, or other professional advice or opinions of any nature whatsoever to the user of the GIN.
- i) the user of the GIN hereby confirms that it qualifies as a sophisticated, accredited, or professional investor" pursuant to all applicable legislation relating to the distribution and/or sale of securities.
- j) The user of the GIN understands, acknowledges, and agrees that it is its own responsibility to obtain independent legal, tax, financial, accounting, medical, or other professional advice with respect to evaluating, agreeing, establishing, and/or implementing any relationship or investment based on any of the material, information, or strategies presented on the GIN website. Further, it is highly recommended that the user of the GIN take adequate time to review and evaluate whatever material or information received with whichever independent professional advisors the user of the GIN deems appropriate.
19. Limitation of Liability
The user of the GIN website expressly understands and agrees that GIN shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if GIN has been advised of the possibility of such damages) resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of transmissions or data of the user of the GIN website; (iv) statements or conduct of any third party on the Service; (v) any agreement, understanding, or relationship the user of the GIN enters into with any of the Contributors or any other person or entity with whom it has been put in contact through the GIN website; or (vi) any other matter relating to the Service.
20. Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 17 and 18 may not apply to the user of the GIN website.
21. Special Admonition for Services Relating to Financial Matters
If the user of the GIN website intends to create or join any service, receive or request any news, messages, alerts, or other information from the Service concerning companies, stock quotes, investments, or securities, it is hereby urged to read the above Sections 17 and 18 again. These Sections apply with absolute rigor to the user of the GIN website. In addition, for this type of information, particularly, the phrase "LET THE INVESTOR BEWARE" is paramount. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. GIN and its service providers and suppliers shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any strategy, trading, or investment decisions made based on such information.
22. Notice
Notices to the user of the GIN website may be made via e-mail, fax, or regular mail. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to the user of the GIN website generally on the Service.
23. Trademark Information
The GIN logo, the GIN design, and the GIN stylized trademarks and service marks, and other GIN logos and product and service names are trademarks of GIN (the "GIN Marks"). Without GIN's prior permission, the user of the GIN website agrees not to display or use in any manner the GIN Marks.
24. General Information
The TOU constitute the entire agreement between the user of the GIN website and GIN and govern the use of the Service by the user of the GIN website, superseding any prior agreements between the user of the GIN website and GIN. The user of the GIN website also may be subject to additional terms and conditions that may apply when the user of the GIN website uses affiliate services, third-party content, or third-party software. The TOU and the relationship between the user of the GIN website and GIN shall be governed by the laws in force in the United Kingdom without regard to its conflict of law provisions. The user of the GIN website and GIN agree to submit to the personal and exclusive jurisdiction of the courts located within the country of Great Britain. The failure of GIN to exercise or enforce any right or provision of the TOU, the GIN subscription documentation, Terms and Conditions, or the GIN Acceptable Use Policy shall not constitute a waiver of such right or provision. If any provision of the TOU, the GIN subscription documentation, Terms and Conditions, or the GIN Acceptable Use Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU, the GIN subscription documentation, Terms and Conditions, and the GIN Acceptable Use Policy remain in full force and effect. The user of the GIN website agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU, the GIN subscription documentation, Terms and Conditions, and the GIN Acceptable Use Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.
25. Acceptable Use
For purposes of this Acceptable Use Policy ("AUP"), a "Customer" is defined to include any organization, individual, company, or other entity with which Global Investors Network (GIN) has entered into any agreement or contract for the supply of services, including through the GIN website. A Customer shall also be responsible for the use of the GIN website by any subsidiaries, affiliates, partners, Authorized Staff, suppliers, clients, or any other person gaining access to the GIN website in any manner whatsoever that directly or indirectly utilize the GIN website provided to the Customer.
The Customer may only use the GIN website for lawful purposes. The use of the GIN website in violation of any local or international legislation or regulation is prohibited. This includes but is not limited to transmission of proprietary or copyright material without the consent of the owner, material legally judged to be threatening, offensive, or obscene, and third-party material protected by patent, trade secret, or any other type of intellectual property right, whether or not the Customer was aware of the content of the material or of the relevant law.
GIN will fully co-operate with investigations of suspected criminal violations and violations of systems or network security under the leadership of law enforcement authorities.
Use of any information obtained via the GIN website is at Customers' own risk. GIN is not responsible for the accuracy, quality, or content of information obtained through NS Products.
All GIN services are for end-user use only and may not be resold to third-parties without providing end-user information to GIN.
The Customer will indemnify and hold GIN harmless from any claim brought by third parties alleging that use of the GIN website by the Customer has infringed any applicable local or international legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including reasonable legal fees), and final judgments awarded against GIN arising from such claims. The Customer shall immediately give GIN written notice of any claim the Customer is involved with or aware of. Should the Customer fail to do so, GIN may defend such claims at the Customer's sole cost.
GIN will cooperate with any law enforcement authorities having jurisdiction to discourage and resist abuses of acceptable use policies. GIN reserves the right to take corrective action upon notification to GIN of unacceptable use by the Customer. GIN reserves the right, at its discretion and without notice, to remove any material or data and to block the use of the network for one or more users.
The Customer may not circumvent user authentication or security of any host, network, or account (referred to as "cracking" or "hacking"), reverse engineer, decompile, deconstruct any programming, nor interfere with service to any user, host, or network (referred to as "denial of service attacks").
The Customer is forbidden to send e-mail to any person who does not wish to receive it. It is explicitly prohibited to send unsolicited bulk mail messages ("junk mail" or "spam") of any kind (commercial advertising, financial and investment promotions, political tracts, announcements, etc.) or to post the same or similar messages to large numbers of newsgroups (excessive cross-posting or multiple-posting, also known as "USENET spam"). A Customer caught spamming on the GIN or who persists in the mass distribution of unsolicited e-mail messages will be dealt with immediately in accordance with this AUP.
The GIN website may be used by the Customer to link into other networks worldwide and the Customer agrees to conform to the acceptable use policies of these networks. The Customer agrees through its own operations not to cause disturbances, outages, or other problems which may affect GIN's network or network-based equipment or which may adversely affect GIN's ability to provide services.
GIN reserves the right to prohibit activities that violate this AUP or may damage its reputation.
GIN will generally not monitor private electronic mail messages sent or received by its Customers but may conduct reasonable investigation of a Customer (i) if required by law or (ii) upon reasonable suspicion of a violation of this AUP to determine if there has been a violation, or (iii) when public safety may require it. GIN may at all times monitor usage of the GIN website electronically to determine if it is operating satisfactorily.
GIN may disclose its Customers' information or information transmitted by means of its facilities (i) to comply with legal requirements or (ii) where necessary to protect GIN and others from harm or (iii) where such disclosure is necessary to the proper operation of the GIN website.
The Customer acknowledges that GIN is unable to exercise control over the content of information passing through its facilities or carried as a result of supplying the GIN website and is therefore not responsible for that content.
GIN reserves the right, at its discretion and without notice, to automatically filter, disconnect, and/or deny access to any Customer who violates this policy. This remedy shall also be applied when the Customer has engaged in any of the foregoing activities by using the service of another provider and channeling such activities through a GIN account, re-mailer, or otherwise through the GIN website, or using a GIN account as a mail drop for responses or otherwise using the services of another provider for the purpose of facilitating the foregoing activities if such use of another party's service could reasonably be expected to adversely affect the GIN website. GIN reserves the right, where feasible, to implement technical mechanisms which block multiple postings as described above before they are forwarded or otherwise sent to their intended recipients.
Violation of this AUP (direct or indirect, including by a third party) entitles GIN to remove immediately the offending material, establish immediate or temporary filtering, deny access, suspend or terminate one or more subscriptions to the GIN website, or take any other appropriate action as determined by GIN in its sole discretion, in addition to any remedies provided by any agreement to provide access to the GIN website. GIN may give notice of violations, but GIN reserves the right to act without notice when necessary as determined by GIN in its sole discretion. Nothing in this AUP is to be construed to limit GIN's actions or remedies in any way with respect to any of the foregoing activities and GIN reserves the right to take any additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the cost of identifying offenders and terminating their access to the GIN website, and charging to cover GIN's costs in the event of such termination of access or like situation. GIN may co-operate with other service providers to discourage and resist abuses of acceptable use policies. GIN reserves the right to take corrective action upon notification to GIN of unacceptable use on other networks. The GIN website may be linked to other networks world-wide and the Customer agrees to conform to the acceptable use policies of these networks. The Customer agrees through its operations not to cause disturbances, outages, or other problems which may affect GIN's or any other network or network-based equipment or which may adversely affect GIN's ability to provide access to the GIN website.
Nothing contained in this AUP shall be construed to limit GIN's actions or remedies in any way with respect to any of the foregoing activities and GIN reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the GIN website and levying cancellation charges to cover GIN's costs in the event of disconnection of dedicated access for the causes outlined above. In addition, GIN reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
Customer will indemnify and hold GIN harmless from any claim brought by third parties relating to the Customer's use of the GIN website. The Customer must defend and pay all damages and costs (including legal fees) arising from such claims. The Customer must immediately notify GIN of any claim or potential claim within the Customer's knowledge involving the Customer related to the GIN website. Failure to do so gives GIN the right to defend such claims at Customer's sole cost and expense.
GIN is committed to providing quality service to all of its Customers. While the AUP may appear harsh, GIN believes it is necessary to ensure that it is able to provide professional, efficient, stable service within an environment of security and trust which its Customers may require and come to expect from an organization such as GIN.