ToeHosting - Acceptable Use Policy & Terms of Service (AUP/TOS) The ToeHosting Acceptable Use Policy & Terms of Service ("AUP/TOS") describes the proper kinds of conduct and prohibited uses of ToeHosting services (the "Services"). This AUP is not exhaustive and ToeHosting (The Outer Edge Corporation) reserves the right to modify this AUP at any time, effective upon posting of the modified AUP at www.toehosting.com. By ordering / registering for and using the Services, and thereby accepting the terms and conditions of this AUP, you agree to abide by these conditions as modified from time to time. Any violation of the AUP may result in the suspension or termination of your account or such other action as (ToeHosting) deems applicable. Shared & Reseller Hosting Server Abuse ToeHosting customers are privileged to be offered high level of bandwidth traffic for their web sites. The intention of ToeHosting is to provide a large space to serve web documents, not an off site storage area for electronic files. Any customer who violates ToeHosting Policies in abusing either space/site transfer will be notified and given 24 hours or 1 day to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed and suggested to either comply by paying for additional bandwidth to get them through the rest of the payment cycle, or site will be suspended until their next payment cycle has begun after payment has been processed. NOTICE – If services are suspended because of overages or max limit of bandwidth has been given, you will not be eligible for any credits, chargeback's, or any other funds since you are in breech of our policies and Service Level Agreements and TOS/AUP. If, you attempt to process your credit card for a chargeback, you will be sent a bill via e-mail, mail and or collection attempts from The Outer Edge Corporation and be expected to pay all applicable fees for account recoveries. To maintain the integrity of our shared hosting service the following limitations apply: Additional Bandwidth Traffic of normal data transfer can be billed at a cost of $2.00/1GB/month, $10.00/10GB/month will be billed to your account. You cannot to pre-pay for bandwidth overages, but you can do a “Bandwidth Traffic Add-on” if you foresee you are going near your limit for the month at any time. If your account continues to go near its limit or you foresee that you are using your max limit of bandwidth for 2 consecutive monthly payment cycles, then you will be sent an e-mail to contact us about customizing your package to a new rate plan. ToeHosting will be the sole arbitrator as to what constitutes a violation of this provision. Unsolicited Email (Spam) Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation. ToeHosting takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. The following activities are not allowed: Penalty: Depending on the severity of your SPAMMING, ToeHosting reserves the right to charge you between $5.00 - $50.00 PER SPAM sent through our network. CGI Scripts Each shared Unix web Hosting account comes with its own cgi-bin, in which you are free to use any* CGI scripts you wish. *See the Server Resource Abuse section. Server Resource Abuse Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, MSSQL, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning. Child Pornography Our policy on child pornography is zero tolerance. ToeHosting will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the ToeHosting network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT Abuse of SMTP Mail Server We do not allow clients to send more than 1000 pieces of e-mail per day from a shared Hosting account. If you do send more than 1000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 1000 per day, then you need to let us know. Current Contact Information Current customers must provide ToeHosting with, and keep current and up to date, good contact information including full address, email, phone, and fax numbers. ToeHosting uses contact information to reach customers during network emergencies, server downtime, maintenance windows and in case there are billing issues with your account. Failure to keep contact information up to date could lead to temporary account suspension until the information is updated. Excessive Use/Quota You will not exceed the bandwidth, storage and E-mail usage limits out dedicated lined by your particular web Hosting package. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month or if you exceed E-Mail storage and attachment size limitations, ToeHosting may, in its sole discretion, assess you with additional charges. If ToeHosting elects to take any corrective action, ToeHosting will not refund any unused pre-paid fees. Your use of your account and access to it is your responsibility. You are responsible for any unauthorized access to your account resulting in bandwidth, storage and/or E-mail usage exceeding the limits outlined in your particular web Hosting package specifications and resultant charges. Disk space add-on's are currently billed at $2/100MB/month or $10/1GB/month. Additional Disk Space can be billed at a cost of $2.00/100MB/month, $10.00/1GB/month will be billed to your account. You cannot pre-pay for DISK Space Overages, but you can do a “Disk Space Add-on” if you foresee you are going near your limit for the month at any time. If your account continues to go near its limit or you foresee that you are using your max limit of disk space for 2 consecutive monthly payment cycles, then you will be sent an e-mail to contact us about customizing your package to a new rate plan. ToeHosting will be the sole arbitrator as to what constitutes a violation of this provision. Payment Policies All accounts are set up on a pre-pay basis. Possible Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. ToeHosting reserves the right to change prices at any time, unless other terms have been agreed upon. Credit card accounts are subject to login deactivation upon the card declining for charges within 48 hours of email notification. Any account not brought current within a week (3 days) of e-mail notice or exceeding this time frame in any way is subject to complete account deactivation. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies ToeHosting through the Customer Profile System to request for termination of services. All payment is in U.S. currency. ToeHosting will bill each client $50.00 per returned credit card declined, unauthorized use, refused, insufficient funds and any chargebacks received. All ToeHosting accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a prorated fee up to $40.00 on your account for this change. Please contact the billing department at billing@toehosting.com should you wish to change your anniversary billing cycle. Late Payment Policies Termination Policies ToeHosting accepts credit cards and paypal transactions from customers for payment of web Hosting services and fees associated with your account. Additionally, if you decide to switch your payment method of billing cycle during the middle of your cycle you will be charged up to $50.00 pro-rated monthly rate / processing fee for that change. Cancellation ToeHosting reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by ToeHosting if ToeHosting institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.) All of ToeHosting web hosting plans is backed by a 99% Network Uptime Guarantee (*see restrictions below). If you have Network Downtime which is stated to where we consider this to be actual Downtime, in the SLA (Service Level Agreements) page within the monthly period of your contract, you will be given a percentage of a refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. There are No refunds if you are not wishing to have services after Activation of account has been completed, and you will only be granted a refund of the percentage amount if only Network Downtime occurs at any time. This policy does not apply to any additional services such as referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done following the steps outlined in the Customer Profile System by logging into your account with your E-mail Address and Password given at signup for your account . Cancellations via email requests will not constitute acceptance of any cancellation. Network Downtime or other permitted Related Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation. To receive your refund, you must terminate this Agreement in the manner described in above and cease using the Services. Cancellations are processed only from 9 a.m. - 5 p.m. CST ( USA ) on Monday-Friday. No cancellations are processed on USA / The Netherlands holidays or weekends. Liability and Obligations on Cancellation If the Agreement expires or is cancelled for any reason, ToeHosting is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, ToeHosting will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to ToeHosting under this Agreement. IP Address Overlap ToeHosting administers the network on which customer servers reside. The customer cannot use IP addresses which were not assigned to them by ToeHosting staff. Any server found using IPs which were not officially assigned will be suspended from network access until such time as the IP addresses overlap can be corrected. Material and Product Requirements You must ensure that all material and data placed on ToeHosting equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation by ToeHosting. ToeHosting will make no effort to validate any of this information for content, correctness or usability. If your material is not "server-ready", ToeHosting may reject this material. ToeHosting will notify you of its refusal of the material and afford you the opportunity to modify the material to satisfy ToeHosting requirements. Use of the Services requires a certain level of knowledge in the use of Internet languages, protocols and software. This level of knowledge varies depending on the anticipated use and desired content of your Web site. You must have the necessary knowledge to create and maintain a Web site. ToeHosting does not provide this knowledge or customer support outside of the Services. Intellectual Property Rights Material accessible to you through ToeHosting services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use ToeHosting or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the ToeHosting network. If you use a domain name in connection with ToeHosting or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party. Network Security Customers may not use the ToeHosting network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to: Shared & Reseller Hosting Accounts You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Electronic Commerce You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising there from. You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information. Static/Dynamic Content Caching You expressly (i) grant to ToeHosting a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by ToeHosting under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights. IP Address Ownership ToeHosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by ToeHosting and ToeHosting reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses. Domain Name Registration Customer agrees to pay ToeHosting prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the ToeHosting price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. ToeHosting reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from ToeHosting to the email address indicated in Customer's registration application. In the event of a charge-back by a credit card company (or similar action by another payment provider allowed by ToeHosting) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to ToeHosting as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. ToeHosting will reinstate Customer's domain name registration solely at ToeHosting discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Copyright Infringement DIGITAL MILLENNIUM COPYRIGHT ACT Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the ToeHosting system or Web site should be sent ONLY to our Designated Agent. NOTE: THE FOLLOWING INFORMATION IS PROVIDED SOLELY FOR NOTIFYING ToeHosting THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g. REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, etc.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. Written notification must be submitted to the following Designated Agent: The Outer Edge Corporation Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following: 1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner. Lawful Purpose ToeHosting reserves the right to refuse service to anyone. Customers may only use ToeHosting server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of ToeHosting management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Dallas County , Texas , and any dispute will be litigated or arbitrated in Dallas County , Texas . Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in Dallas County Courts. IN NO EVENT SHALL The Outer Edge Corporation (ToeHosting) MAXIMUM LIABILITY EXCEED FIFTY ($50.00) DOLLARS FOR ANY REASON. Indemnification CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD ToeHosting (THE OUTER EDGE CORPORATION) HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST ToeHosting (THE OUTER EDGE CORPORATION), ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS ToeHosting (THE OUTER EDGE CORPORATION) AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH ToeHosting (THE OUTER EDGE CORPORATION) SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM ToeHosting (THE OUTER EDGE CORPORATION) SERVER. Disclaimer ToeHosting (THE OUTER EDGE CORPORATION) WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. ToeHosting (THE OUTER EDGE CORPORATION) MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. ToeHosting (THE OUTER EDGE CORPORATION) DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY ToeHosting (THE OUTER EDGE CORPORATION) AND ITS EMPLOYEES. ToeHosting (THE OUTER EDGE CORPORATION) RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. CUSTOMER SHALL NOT TRANSFER OR ASSIGN THIS AGREEMENT WITHOUT THE PRIOR WRITTEN CONSENT OF ToeHosting (THE OUTER EDGE CORPORATION). HOWEVER, ToeHosting (THE OUTER EDGE CORPORATION) MAY ASSIGN THE CUSTOMER'S CONTRACT, IN PART OR IN WHOLE, AT ANYTIME WITHOUT CONSENT FROM OR NOTICE TO THE CUSTOMER. ToeHosting (THE OUTER EDGE CORPORATION) RESERVES RIGHT TO CANCEL CUSTOMERS RIGHTS UNDER THIS CONTRACT AT ANYTIME WITHOUT FURTHER OBLIGATION. ALL SUB-NETWORKS, RESELLERS, SHARED SERVER CUSTOMERS OF ToeHosting (THE OUTER EDGE CORPORATION) MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION. AUP/TOS Revisions ToeHosting (THE OUTER EDGE CORPORATION) RESERVES THE RIGHT TO REVISE, AMEND, OR MODIFY THIS AUP/TOS AND ALL OF OUR OTHER POLICIES AND AGREEMENTS AT ANY TIME AND IN ANY MANNER. NOTICE OF ANY REVISION, AMENDMENT, OR MODIFICATION WILL BE DEEMED WHEN THE NEW INFORMATION IS POSTED WITHIN THIS DOCUMENT OR ANY OTHER ONLINE AGREEMENTS. CUSTOMERS WILL NOT NECCESSARILY BE NOTIFIED IN WRITING OF THESE CHANGES. PLEASE CHECK THIS AND ALL OTHER ToeHosting (THE OUTER EDGE CORPORATION) AGREEMENTS AND DOCUMENTS FREQUENTLY FOR CHANGES. |