Terms and Conditions

Your Rights and Responsibilities
 
 

Internet Access Service Agreement
Effective July 30, 2013

This Internet Access Service Agreement (“Agreement”) is between you and TOAST.net. By purchasing or using TOAST.net’s Internet access, e-mail, web hosting, or any other services (“Service”) and any software, hardware or other equipment provided by TOAST.net (“Equipment”) and any firmware or software used by TOAST.net to provide the Service, whether embedded in any Equipment, or used in connection with the Service (collectively "Software"), you agree to be bound by and comply with the following:

  1. Service and Term. TOAST.net agrees to provide Service in exchange for monthly payment from you. Your service is paid in advance and provided to you on a month-to-month basis. You will be automatically billed on the first of each calendar month, using the credit card associated with your online account. If you wish to suspend automatic billing, you must notify TOAST.net in accordance with the provisions in Service Termination. Alternatively, you can elect to pay for service for an entire year as provided on the TOAST.net site.
     
  2. Payments and Billing. You will make payments to TOAST.net for the Service and Equipment using your cash, check, money order or credit, debit, or other acceptable bank card (the "Card"). You will ensure that the Card information you have provided to TOAST.net is valid at all times. Failure to provide valid Card information or Card status may result in Service suspension or termination. Charges for Service may be found under “My Account.” (My Account is TOAST.net's web-based online account management system that allows you to view your account status, view and pay for service, make changes to your account profile at any time and purchase additional services at any time). Whenever you update your Card information on file with us, TOAST.net may charge a reasonable fee to validate your Card. TOAST.net will bill you on a monthly basis. Monthly charges will be automatically charged to your Card on record as specified in any applicable recurring payment plan you enter with TOAST.net. You expressly agree that TOAST.net may charge your Card all amounts associated with your TOAST.net account. You will pay TOAST.net all outstanding balances when due. Accounts not paid in full by the due date are subject to suspension or termination by TOAST.net. Persons applying for service must be 18 years of age or older. To avoid service suspension or termination you must maintain valid Card information on your account. If your Card expires or the account is closed or suspended and you have not provided TOAST.net with valid replacement Card information, your account may be suspended or terminated. Before Service can be reactivated, you must pay TOAST.net all amounts due. You may also be required to pay a reasonable re-activation fee per account to cover TOAST.net's administrative costs associated with the termination.
     
  3. Service Availability. You acknowledge that TOAST.net Service may not be available in all areas and even within coverage areas service availability, signal strength, quality and network speeds may vary and may be lower than advertised or be insufficient for use of the Service. Service activation may take up to 30 days depending on the type of service. DSL service may require a one-year commitment based on service location. Early termination of such service will result in a $150.00 termination fee.
     
  4. Service Usage. We reserve the right to safeguard our network from abuse, excessive bandwidth consumption, on current dial-up, cable and DSL sessions, or any activity that compromises the performance of our network. We may limit throughput speeds, control the amount of data transferred, and suspend, modify or terminate service, without notice, if your usage adversely impacts our network or exceeds the monthly allowance of your data plan. All excess usage may be billed at a rate in accordance with the service plan you selected. We may monitor your compliance with the above but will not monitor the content of your transmissions except as otherwise expressly permitted or required by law.
     
  5. Prohibited Uses. Services may not be used in a manner that violates any law (including, without limitation, copyright and intellectual property laws) or this Agreement.
     
  6. Website Terms of Use Policy. The Website Terms of Use Policy www.toast.net/terms/ is incorporated into this Agreement as though it is a part of the Agreement. TOAST.net reserves the right to immediately restrict, limit, suspend or terminate your Service or terminate this Agreement for any violation of the Website Terms of Use Policy, in which case you will forfeit any unused internet time and will not be entitled to a refund.
     
  7. Service Outage. No refunds or credits will be made for service outages for any reason, whether such outages are the result of planned or unplanned maintenance performed by TOAST.net or for any other reason. From time to time, TOAST.net or its applicable suppliers or network providers may perform maintenance on its network at such times as each may determine in their sole discretion. Maintenance or service interruptions may occur without notice to you. TOAST.net will use commercially reasonable efforts to schedule maintenance outages so as to minimize the impact on its customers, but cannot guarantee that your Service will not be interrupted. You acknowledge and agree that TOAST.net shall not be responsible for any losses or damages suffered by you as a result of any Service interruptions due to maintenance outages.
     
  8. Credits. No credit or adjustment will be made for interruptions or degradations of the Service.
     
  9. Billing Disputes. You must notify TOAST.net in writing no later than thirty (30) days after receiving your Card or bank account statement if you dispute any TOAST.net charges on that statement or such dispute will be deemed waived.
     
  10. Third-Party Fees. TOAST.net is not responsible for fees imposed by your telephone company or third-party web sites. Any such fees are your sole responsibility.
     
  11. Complaint Resolution and Notices. All complaints must be sent to the TOAST.net Billing Review Committee at www.toast.net/support/billingrequest.asp. TOAST.net requires you to describe the complaint in writing. Written notices to you from TOAST.net will be deemed given when sent to the email address specified on your most recent Order or Statement. You are responsible for notifying TOAST.net of any changes in your email and/or mailing address. Written notice to TOAST.net will be effective when directed to TOAST.net's Billing Review Committee and received at www.toast.net/support/billingrequest.asp. Except as provided in this Agreement, notices must be in writing to be effective. You also agree that all correspondence and notice sent to you by TOAST.net, including account statements, account status, payment and billing information, and changes to terms of service may be sent by TOAST.net electronically to the last email address provided by you.
     
  12. Privacy. TOAST.net's Privacy Policy can be found at www.toast.net/terms/, which is incorporated into this Agreement as though it is part of the Agreement, and describes how TOAST.net may collect and use your personally identifiable and other information.
     
  13. Ownership; No Licenses. (i) The Service and Equipment, and any Software used to provide the Service; (ii) all Service information, documents and materials delivered to you by TOAST.net or located on TOAST.net's website (collectively "Information"); (iii) all names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of TOAST.net; and (iv) all other intellectual property rights in the data, schematics, layout, designs, specifications, firmware and software related to the Equipment, Service and/or the Software are and will remain the sole property of TOAST.net and nothing in this Agreement grants you the right or license to use any of such Software, Information, or Marks except for your nonexclusive use of the Software and Information in connection with your personal use of the Service and Equipment in accordance with this Agreement. You may not decompile, disassemble, reverse engineer or modify the Equipment or Service or any other product or service purchased from TOAST.net, or combine it with, or incorporate it in, other products without prior written authorization from TOAST.net.
     
  14. Technical Support. Free technical support extends to configuring and maintaining internet access, e-mail accounts, web pages, managed anti-virus and backup services. Web-site specific applications and hardware configuration is not supported. TOAST.net is not responsible for damage to a computer resulting from the assistance of technical support or for software and/or system failures encountered during the installation or use of hardware or software provided by TOAST.net.
     
  15.  DISCLAIMER OF REPRESENTATIONS AND WARRANTIES. THE ONLY WARRANTIES BEING MADE BY TOAST.NET WITH REGARD TO THE SERVICE AND EQUIPMENT ARE THE EXPRESS LIMITED WARRANTIES SET FORTH IN THIS AGREEMENT. TOAST.NET AND ITS AFFILIATES, THE AGENTS AND SUPPLIERS OF EACH, AND ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SHAREHOLDERS, SERVICE PROVIDERS AND SUPPLIERS (COLLECTIVELY, THE "TOAST.NET PARTIES") DISCLAIM ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY PERFORMANCE AND FITNESS FOR A PARTICULAR PURPOSE OR USE, AVAILABILITY, NON-INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR EQUIPMENT, OR NON-INFRINGEMENT. ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS OR OTHER DOCUMENTS NOT EXPRESSLY INCORPORATED HEREIN, OR BY ANY TOAST.NET EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY ANY TOAST.NET PARTIES. TOAST.NET DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON TOAST.NET'S BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE EQUIPMENT. THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
     
  16. LIMITATION OF LIABILITY.(A) IN NO EVENT SHALL ANY OF THE TOAST.NET PARTIES BE LIABLE OR OBLIGATED IN CONNECTION WITH THIS AGREEMENT, UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, BREACH OF WARRANTY, OR OTHER LEGAL OR EQUITABLE THEORY: (I) FOR ANY AMOUNTS (WHETHER SEPARATE OR CUMULATIVE) IN EXCESS OF THE AGGREGATE OF THE FEES PAID TO TOAST.NET FOR THE APPLICABLE SERVICE AND EQUIPMENT HEREUNDER DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE GIVING RISE TO LIABILITY; (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICE, PRODUCTS, OR RIGHTS; (III) FOR ANY LOSS OR CORRUPTION OF DATA, DELAYED, DEGRADED OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO THE INTERNET, INABILITY TO MAKE OR COMPLETE CALLS USING THE INTERNET PHONE SERVICE, OR DAMAGE TO ANY HARDWARE, SOFTWARE, OR THE SERVICE LOCATION; (IV) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES AND/OR LOST PROFITS (INCLUDING WITHOUT LIMITATION LOSS OR INTERRUPTION OF USE, DATA, BUSINESS, REVENUES OR PROFITS), HOWEVER CAUSED, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ANY OF THE EQUIPMENT, SERVICE OR OTHER PRODUCTS OR SERVICES PROVIDED BY TOAST.NET HEREUNDER, EVEN IF TOAST.NET HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES; (V) FOR ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY OF YOUR DATA OR ANY USER'S DATA; OR (VI) FOR ANY DAMAGES ARISING FROM ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OR CAUSES OUTSIDE TOAST.NET'S REASONABLE CONTROL.
     
    (B) THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION SHALL APPLY WHETHER OR NOT TOAST.NET WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR EQUIPMENT OR IF YOU HAVE ANY OTHER DISPUTE WITH TOAST.NET, OR CLAIM AGAINST TOAST.NET, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ANY LIABILITY WILL BE LIMITED TO THE RECOVERY OF YOUR DIRECT DAMAGES, LIMITED BY THE LIMITATIONS OF LIABILITY CONTAINED HEREIN AND BY THE EXCLUSIONS SET FORTH IN THIS SECTION. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR OTHER MODIFICATIONS OF OR LIMITATIONS TO CERTAIN REMEDIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU, IN WHOLE OR IN PART.
     
    (C) YOU ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT BETWEEN YOU AND TOAST.NET AND THAT, IN THE ABSENCE OF SUCH LIMITATIONS, TOAST.NET WOULD NOT ENTER THIS AGREEMENT WITH YOU AND ANY ALTERNATIVE AGREEMENT BETWEEN YOU AND TOAST.NET FOR THE PROVISION OF THE EQUIPMENT AND THE SERVICE WOULD CONTAIN TERMS SUBSTANTIALLY DIFFERENT THAN THOSE CONTAINED IN THIS AGREEMENT.
     
  17. Equipment. TOAST.NET DOES NOT MAKE ANY WARRANTY ON ANY EQUIPMENT, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS WHERE DISCLAIMING SUCH WARRANTY IS PROHIBITED BY LAW.
     
    TOAST.net is not responsible for any loss, damage, or injury caused by the Equipment. TOAST.net is not responsible for any direct, indirect, special, or consequential damages arising in any way from the installation, use, or maintenance of the Equipment or the Service except where the law requires a different standard. TOAST.net provides no warranties on Equipment. Equipment may be warrantied through the manufacturer. TOAST.net may offer a refund or replace Equipment in its sole discretion up to 30 days after purchase and must be returned in original packaging including all manuals. You are responsible for return shipping fees.
     
  18. Indemnification. You will defend, indemnify, and hold harmless the TOAST.net Parties against any and all claims, losses, damages, and liabilities arising from the use or misuse of the Service or Equipment or any breach of this Agreement by you or by any person that you allow to use the Service or Equipment. This section will survive termination or expiration of this Agreement for any reason.
     
  19. Service Termination. Subject to applicable law, you expressly agree that all applicable monthly service fees and charges will accrue until the last day of the month of notice of termination of this Agreement provided such termination notice is received by the last day of the month. TOAST.net provides ongoing Service. You can cancel online in My Account or by calling during office hours. Monthly fees will not be prorated upon cancellation. If a customer who has paid for a full year cancels, the remaining balance will be returned with the exception of any partial months and any discounts received with the annual plan. Upon termination of this Agreement for any reason, TOAST.net and its suppliers reserve the right, to the extent permitted by applicable law, to delete any data or files, including documents, photographs, electronic messages and/or voicemails, or other information stored on TOAST.net's or its suppliers' servers or systems (collectively, the “Data”). TOAST.net, its officers, directors, employees, affiliates and their agents and suppliers will have no liability whatsoever as the result of the loss of any such Data. TOAST.net may suspend or discontinue providing the Service or terminate your Service, either in whole or in part, at any time in its sole discretion. If TOAST.net discontinues providing the Service or terminates your Service for a reason other than your breach of this Agreement, you will be responsible only for charges accrued through the end of the month of such discontinuation or termination.
     
  20. Modification. The current version of this Agreement can be found on the TOAST.net website. TOAST.net reserves the right to revise, amend, or modify this Agreement or any other policy at any time by sending you an email notification to the email address associated with your account or by posting any amendments or modifications on the TOAST.net website. Amendments or modifications to this Agreement will become effective on the date we send them to you by email or immediately upon posting to our website, whichever is earlier. Your continued use of the Service or Equipment will constitute your acceptance of any such amendments or modifications. This Agreement may not be otherwise amended except in a writing signed by you and TOAST.net. If you do not wish to continue service after a change that is materially disadvantageous to you, you may terminate this Agreement in accordance with the provisions in Service Termination.
     
    Certain services may require third-party software to be installed in order to function. TOAST.net shall not be liable for any use or installation of such software. Any third-party software installed will be governed by its third-party end user license agreement.
     
  21. Entire Agreement/Severability. This Agreement, as may be modified by TOAST.net as described in Section 18, represents the entire agreement and understanding of you and TOAST.net regarding the subject matter of this Agreement and supersedes all other representations, whether electronic written, or verbal, regarding the subject matter contained herein. In the event this Agreement is inconsistent with any document incorporated herein by reference or any other agreement between you and TOAST.net, this Agreement will control expressly stated otherwise. In the event that a court of competent jurisdiction determines in a final non-appealable judgment that any provision of this Agreement is invalid, illegal, or otherwise unenforceable, such provision will be deleted and the remainder of this Agreement will remain in full force and effect and shall be enforced as nearly as possible in accordance with the stated intention of the parties.
     
  22. No Waiver. If TOAST.net waives any term or provision of this agreement at any time, that waiver will only be effective for the specific instance and specific purpose for which the waiver was given.
     
  23. Assignment and Successors in Interest. All of the provisions of this Agreement will be binding upon, inure to the benefit of, and be enforceable against your respective successors and permitted assigns. Except as specifically stated herein, you may not assign or delegate this Agreement or any of your rights, interests, or obligations without the prior written consent of TOAST.net, which consent may be withheld in its sole discretion. Any such assignment without consent will be null, void and of no effect.
     
  24. ARBITRATION; CHOICE OF LAW; STATUTE OF LIMITATIONS; JURY AND CLASS ACTION WAIVER. THIS AGREEMENT WILL BE GOVERNED BY THE LAWS OF THE STATE OF OHIO WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL DISPUTES ARISING UNDER THIS AGREEMENT (OTHER THAN YOUR FAILURE TO MAKE PAYMENTS IN ACCORDANCE WITH THIS AGREEMENT, ANY ACTION TO COLLECT AMOUNTS DUE TO TOAST.NET UNDER THIS AGREEMENT, AND/OR ANY ACTIONS CONCERNING TOAST.NET’S INTELLECTUAL PROPERTY RIGHTS, EACH OF WHICH MAY BE BROUGHT BY TOAST.NET IN ANY COURT OF COMPETENT JURISDICTION) WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION USING THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA") THEN IN EFFECT. THE PLACE FOR ARBITRATION WILL BE IN LUCAS COUNTY, OHIO. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH THE AAA RULES WHO HAS EXPERTISE IN TELECOMMUNICATIONS, E-COMMERCE AND LICENSING MATTERS WILL CONDUCT THE ARBITRATION. THE DECISIONS OF THE ARBITRATOR WILL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION WILL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. THIS DUTY TO ARBITRATE AND THE PROVISIONS IN THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. THE ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO AWARD ANY SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES EXCEPT AS PERMITTED BY THIS AGREEMENT. YOU AND TOAST.NET WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE SERVICE OR EQUIPMENT. NEITHER PARTY SHALL, AND EACH PARTY WAIVES ANY RIGHT TO, PARTICIPATE IN A CLASS ACTION (INCLUDING ANY CLASS ARBITRATION), EITHER AS A CLASS REPRESENTATIVE OR A CLASS MEMBER, ACT AS A PRIVATE ATTORNEY GENERAL, OR JOIN OR CONSOLIDATE CLAIMS WITH CLAIMS OF ANY OTHER PERSON, UNLESS IN THE SOLE JUDGMENT OF TOAST.NET, TOAST.NET WISHES TO CONSOLIDATE THE LEGAL CONTROVERSY OF TWO OR MORE PARTIES IN ANY ARBITRATION PROCEEDING OR OTHER LEGAL ACTION. YOU AND TOAST.NET AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THIS AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED. NOTHING IN THIS AGREEMENT WILL PREVENT TOAST.NET FROM SEEKING CONSERVATORY, PROTECTIVE OR INJUNCTIVE RELIEF WITH RESPECT TO A VIOLATION OF ITS INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION PENDING THE OUTCOME OF THE ARBITRATION, OR ENFORCEMENT OR RECOGNITION OF ANY AWARD OR ORDER IN ANY COURT OF COMPETENT JURISDICTION. SHOULD YOU FILE AN ACTION CONTRARY TO THIS PROVISION, TOAST.NET MAY RECOVER FROM YOU ITS REASONABLE ATTORNEY FEES AND COSTS. YOU AND TOAST.NET INITIALLY SHALL SHARE EQUALLY THE FEES AND EXPENSES OF THE ARBITRATION. HOWEVER, THE PREVAILING PARTY (IF APPLICABLE AND AS DETERMINED BY THE ARBITRATOR) SHALL BE ENTITLED TO RECOVER FROM THE NON-PREVAILING PARTY ALL SUCH FEES AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES). THE FOREGOING TERMS NOTWITHSTANDING, TOAST.NET MAY SEEK ANY INTERIM OR PRELIMINARY RELIEF FROM A COURT OF COMPETENT JURISDICTION IN LUCAS COUNTY, OHIO NECESSARY TO PROTECT ITS RIGHTS PENDING THE COMPLETION OF ANY ARBITRATION PROCEEDING AND SHALL ALWAYS HAVE AND RETAIN THE RIGHT TO PURSUE LEGAL ACTION OF ANY KIND OR NATURE WHATSOEVER IN ANY APPROPRIATE JURISDICTION IN ORDER TO PROTECT ITS INTERESTS.

Terms of Use Addendum
Effective July 1, 2012

THE FOLLOWING ADDENDUM DESCRIBES THE TERMS UNDER WHICH TOAST.NET OFFERS YOU ACCESS TO OUR WEB SITE AND RELATED SERVICES

I. GENERAL

These Terms of Use ("TOU") constitute a legal agreement between you and TOAST.net ("TOAST.net"), the provider of this web site and related services (the "TOAST.net Site"). Your use of the TOAST.net Site is subject to the terms laid out in this document, so you should take the time to fully understand how it governs your relationship with TOAST.net and how it affects the way you use the TOAST.net Site. By your continued use of the TOAST.net Site, you expressly agree to the terms found in this TOU. You agree that the TOU is not intended to confer and does not confer any rights or remedies upon any person other than you and TOAST.net. We may amend the TOU at any time, from time to time, by posting an amended TOU on the TOAST.net Site. Any changes to the TOU will become effective immediately upon posting and may be changed without notice to you. This TOU may not be otherwise amended except in a writing signed by you and TOAST.net.

Section 1.1 Privacy

Certain information about you is subject to the Privacy Policy Addendum. Notwithstanding the foregoing, TOAST.net reserves the right at all times to disclose any information as TOAST.net deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in TOAST.net's sole discretion. You understand and agree that the TOAST.net Site Privacy Policy, including TOAST.net's enforcement of that policy, is not intended to confer, and does not confer, any rights or remedies upon any person. We may change our Privacy Policy from time to time, and our changes are effective upon the posting of those changes on the TOAST.net Site. This posting may be done without notice to you, as provided in the Privacy Policy.

II. USING THE TOAST.NET SITE

Section 2.1 Inappropriate Uses

You agree;

  1. Not to introduce viruses, worms, harmful code, or Trojan horses onto the Internet;
     
  2. Not to do anything that might be construed as hacking such as port scanning, unauthorized access, or denial of service attacks;
     
  3.  To keep your password confidential. If you suspect unauthorized use of the Service, notify TOAST.net immediately. Until then, you remain responsible for unauthorized use. Liability for use of a credit, debit, or charge card remains subject to your agreement with the card issues;
     
  4. To keep all registration information including email address, phone number, and billing information current;
     
  5. Not to store, publish, distribute, or otherwise disseminate unlawful material or information including, but not limited to: threatening, harassing, defamatory, obscene, vulgar, indecent, hateful, objectionable, tortious, libelous, deceptive, or fraudulent information and materials, or information and materials that constitute or give rise to claims of an invasion of another person's privacy;
     
  6. Not to conduct any activity that is a violation of any State or Federal law or to request unlawful services or materials;
     
  7. Not to harm minors in any way;
     
  8. Not to impersonate any person or entity or to falsely state or otherwise misrepresent your affiliation with a person or entity;
     
  9.  Not to store, publish, distribute, or otherwise disseminate child pornography or similar material;
     
  10.  Not to infringe (directly or indirectly) upon the intellectual property rights of others, including, but not limited to, copyrights, trademarks, service marks, trade secrets, and patents;
     
  11. Not to interfere with any other party's use and enjoyment of the TOAST.net Site;
     
  12. Not to degrade or disable the TOAST.net Site or any other computer system or to prevent or impede the delivery of any legitimate data;
     
  13. Not to make inappropriate postings to newsgroups, chat rooms, electronic bulletin boards and any other forum on the TOAST.net Site or elsewhere;
     
  14. Not to aide persons under the age of 18 in the purchase of products without the involvement of a parent or guardian;
     
  15.  Not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
     
  16. Not to unlawfully copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for content you provide to us) from the TOAST.net Site without the prior expressed written permission of TOAST.net or the appropriate third party.
     
  17.  Depending on your Service Plan, these additional Acceptable Use policies may apply: www.covad.net/legal (DSL outside MI, IN & OH), Buckeye Telesystem (Metro Ethernet)

III. CONTENT

Section 3.1 License

TOAST.net grants you a limited license to access and make personal use of the TOAST.net Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of TOAST.net. This license does not include any resale or commercial use of the TOAST.net Site or its contents; any collection or use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Any unauthorized use terminates the permission or license granted by TOAST.net. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the TOAST.net site so long as the link does not portray TOAST.net, or its products or services, in a false, misleading, derogatory, or otherwise offensive manner.

TOAST.net does not claim ownership of any information, data, text, communications, software or graphics, music, sound, photographs, video, messages or other materials (each, "Content") you submit or make available for inclusion on the TOAST.net Site. However, with respect to submitted Content you may post on the TOAST.net Site, you grant TOAST.net a world-wide, royalty free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the TOAST.net Site solely for the purposes of providing the TOAST.net Site services. This license exists only for as long as you elect to continue to include, transmit or store such Content on the TOAST.net Site and will terminate at the time you remove or TOAST.net removes such submitted Content from the TOAST.net Site. You expressly warrant you have the right to grant this license in any Content you upload, store or transmit to or through the TOAST.net Site. If you do not have the right to grant such license, you should not be uploading, storing or transmitting such material, and doing so will be a breach of the TOU. You acknowledge that TOAST.net may or may not pre-screen Content, but that TOAST.net and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the TOAST.net Site. Without limiting the foregoing, TOAST.net and its designees shall have the right to remove any submitted Content that violates the TOU or is otherwise objectionable. You agree that you 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, you acknowledge that you may not rely on any Content created by, or submitted to TOAST.net.

Section 3.2 Product Submissions

If you send TOAST.net any unsolicited submissions of new products, creative suggestions, ideas, notes, drawings, concepts, or any other information (“Information”), you agree that any and all Information you send TOAST.net is in the public domain, is not confidential and is sent by you for use by TOAST.net without payment or compensation to you or acknowledgement of the source. For any Information you submit to TOAST.net, you grant TOAST.net a world-wide, royalty free, fully paid-up and non-exclusive license(s) to use, distribute, reproduce, modify and adapt such Information for the sole benefit of TOAST.net. TOAST.net makes no warranty to you, whether express or implied, regarding its use of any Information you may submit to TOAST.net.

Section 3.3 Links

TOAST.net may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TOAST.net has no control over such sites and resources, you acknowledge and agree that TOAST.net 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. You further acknowledge and agree that TOAST.net 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.

Section 3.4 TOAST.net's Intellectual Property Rights

The Content provided by TOAST.net (that is, Content other than as submitted by site users) on the TOAST.net Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TOAST.net or its content suppliers, partners, or affiliates, and is protected by U.S. and international copyright laws. The compilation of all Content on the TOAST.net Site is the exclusive property of TOAST.net and is protected by U.S. and international copyright laws. All software used on this site is the property of TOAST.net or its software suppliers and is protected by U.S. and international copyright laws. You acknowledge and agree that the TOAST.net Site contains proprietary and confidential information that is protected by applicable U.S. and international intellectual property and other laws. Except as expressly authorized by TOAST.net, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the TOAST.net Site, including its interface, in whole or in part, and other logos and product and service names that are trademarks of TOAST.net ("TOAST.net Marks"). Unless you have written permission, you agree not to display or use in any manner, TOAST.net Marks.

Any trademarks, logos, service marks, brand identities, titles, characters, graphics, designs, and/or other properties displayed on the TOAST.net Site are property of TOAST.net and are protected as registered and unregistered trademarks and copyrights. To protect our brand names and accompanying marks, TOAST.net requires a license agreement or written permission from an authorized agent at TOAST.net, prior to any use of trademarks or copyrights belonging to TOAST.net. Any misuse of trademarks belonging to TOAST.net is strictly prohibited.

IV. WARRANTY AND LIMITATION OF LIABILITY

THE TOAST.NET SITE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  1. YOUR USE OF THE TOAST.NET SITE IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM 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.
     
  2. TOAST.NET MAKES NO WARRANTY THAT (a) USING THE TOAST.NET SITE WILL MEET YOUR REQUIREMENTS, (b) SERVICE WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE TOAST.NET SITE WILL MEET YOUR EXPECTATIONS, AND (e) ANY ERRORS IN THE TOAST.NET SITE WILL BE CORRECTED.
     
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE TOAST.NET SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
     
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TOAST.NET OR THROUGH OR FROM THE TOAST.NET SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

TOAST.NET SHALL NOT BE LIABLE FOR ANY FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER WHERE SUCH FAILURE RESULTS FROM ANY CAUSE BEYOND TOAST.NET'S REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, MECHANICAL, ELECTRONIC OR COMMUNICATIONS FAILURE OR DEGRADATION. IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE TOAST.NET SITE, OUR SERVICES, OR THIS AGREEMENT HOWEVER ARISING, INCLUDING NEGLIGENCE. OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE AMOUNT OF FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO ANY PURPORTED LIABILITY.

V. INDEMNIFICATION

You agree, at your own expense, to indemnify, defend and hold harmless TOAST.net and its employees, representatives, subsidiaries, affiliates, officers, directors, suppliers and agents (collectively, "TOAST.net Indemnified Parties"), against any claim, suit, action or other proceeding against TOAST.net Indemnified Parties, by a third party, to the extent that such claim, suit, action or other proceeding is based on or arises in connection with your use of the TOAST.net Site (or the use of any of your sub-accounts) specifically including (i) a violation of the terms set forth in the TOU (ii) a claim that any use of the TOAST.net Site by you infringes any third party intellectual property right, is libelous or defamatory, or otherwise results in injury or damage to anyone. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

VI. ARBITRATION

Any legal controversy or legal claim arising out of or relating to this TOU or the TOAST.net Site, excluding legal action taken by TOAST.net to collect our fees and/or recover damages for, or obtain an injunction relating to, TOAST.net or TOAST.net Site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, unless in our sole judgment, TOAST.net wishes to consolidate the legal controversy of two or more parties in any legal action. The arbitration shall be conducted in Lucas County, Ohio, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. TOAST.net may seek any interim or preliminary relief from a court of competent jurisdiction in Lucas County, Ohio necessary to protect our rights pending the completion of arbitration. Should you file an action contrary to this provision, TOAST.net may recover from you our reasonable attorney fees and costs. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or services or the TOU must be filed within six (6) months after such claim or cause of action arose or be forever barred. Notwithstanding anything else to the contrary in this TOU, TOAST.net shall always have and retains the right to pursue legal action of any kind or nature whatsoever in any appropriate jurisdiction in order to protect our interests.

VII. TERMINATION

You agree that TOAST.net may, under certain circumstances and without prior notice, immediately terminate your access to the TOAST.net Site and TOAST.net services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOU or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated termination), (d) discontinuance or material modification to TOAST.net service (or any part thereof), (e) unexpected technical or security issues or problems, and (f) extended periods of inactivity. Termination of your TOAST.net services includes (i) removal of access to all TOAST.net services and the TOAST.net Site, (ii) removal of access and deletion of all related information, files and content associated with or inside services provided to you by TOAST.net (or any part thereof), and (iii) barring further use of the TOAST.net Site and TOAST.net services. Further, you agree that all terminations for cause shall be made in TOAST.net' sole discretion and that TOAST.net shall not be liable to you or any third party for any termination of the TOAST.net Site or TOAST.net services.

VIII. MISCELLANEOUS

Section 8.1 No Agency

You and TOAST.net are independent contractors. No agency, partnership, joint venture, or employment is created as a result of this TOU and you do not have any authority of any kind to bind TOAST.net in any respect whatsoever. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Section 8.2 Savings

If any provision of this TOU is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this TOU shall otherwise remain in full force and effect and enforceable.

Section 8.3 Modifications

From time to time it may be necessary for TOAST.net to update or revise certain provisions of the TOU. By using the TOAST.net Site, you agree that TOAST.net may modify the terms of the TOU, including, but not limited to, those terms related to the charges (if any) associated with your use of the TOAST.net Site. You are responsible for reviewing the latest version of the TOU and any additional terms and conditions that may be posted. Your continued use of the TOAST.net Site constitutes your agreement to all such terms, conditions, and notices. If you do not agree to the changes proposed by TOAST.net, or to any of the terms in the TOU, your only remedy is to stop using the TOAST.net Site.

Section 8.4 Notice

Any notice by us to you may be made at our option via a posting on the TOAST.net site or via email or first class mail. It is your responsibility to check the TOAST.net Site from time to time for updates. Your continued use of the TOAST.net Site constitutes your agreement to and acceptance of this TOU and any changes to it.

Section 8.5 Choice of Law, Compliance with Applicable Laws

If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of Ohio, excluding its conflicts-of-law rules, govern the TOU and your account. User conduct may be subject to other local, state, national, and international laws. You expressly agree that exclusive jurisdiction and venue for any claim or dispute with the TOAST.net Site or relating in any way to your account or your use of the TOAST.net Site resides in the courts of Lucas County, Ohio, and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Ohio in connection with any such dispute including any claim involving TOAST.net or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.

You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to the TOAST.net Site any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this TOU.

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes any portion of this site or access to the TOAST.net Site or our services.


Privacy Policy Addendum
Effective July 1, 2012

This website (the “TOAST.net Site”) is provided by TOAST.net (“TOAST.net”). Your use of the TOAST.net Site is governed by the Internet Access Service Agreement, and by your use of the TOAST.net Site you accept and acknowledge this privacy policy.

  1.  Privacy of Children Under 13. The TOAST.net Site is not directed to or otherwise promoted for use by children under the age of thirteen (13). TOAST.net does not knowingly collect or use any personal information of anyone under the age of thirteen (13).
     
  2.  What Personal Information TOAST.net Collects. TOAST.net receives and stores any information you enter on the TOAST.net Site or give TOAST.net in any other way (your “Personal Information”). This Personal Information may include, but is not limited to, your name, address, telephone number, e-mail address, TOAST.net username and password, and billing information. Also, when you visit the TOAST.net Site, TOAST.net may place a “cookie” (a text file containing a randomly assigned number) on your computer so that TOAST.net has the ability to customize the look and feel of the TOAST.net Site for you. You are always free to set your browser to notify you when a cookie is sent or to decline TOAST.net’s cookies if your browser permits, although doing so may impede your use of certain of the TOAST.net Site’s features. Using embedded tracking technology, TOAST.net may also collect a variety of other information regarding your usage of TOAST.net’s website, including your IP address, your username, your session ID, the name of the browser you are using, information regarding web pages you view, and information regarding referring web pages, when you access TOAST.net’s website.
     
  3. Why TOAST.net Collects this Information. The Personal Information TOAST.net collects from you is used to respond to your request for products and services, for provision of such products and services, to determine your satisfaction with your purchase(s) and to customize TOAST.net’s future interactions to meet your needs. The information about your computer and/or your mobile device is used to analyze marketing statistics, identify trends and continually improve the way in which TOAST.net serves you.
     
  4. How TOAST.net Uses Your Personal Information. TOAST.net may use your Personal Information in the following ways:
    1. to customize the look and feel of the TOAST.net Site for you;
       
    2. to internally monitor TOAST.net’s customers’ usage of the various aspects of the TOAST.net Site in order to enhance the products and services that TOAST.net currently or will, in the future, offer;
       
    3. to send you material about topics on which you have requested more information; and
       
    4. to provide you with technical and other support.

While TOAST.net uses information about TOAST.net’s users on an aggregated basis and will often share such data with unaffiliated third parties, this information, by its aggregate nature, contains none of your Personal Information. When TOAST.net refers to an “unaffiliated” third party, TOAST.net means one that (i) is not controlled by TOAST.net, (ii) does not control TOAST.net, and (iii) is not controlled by the same party controlling TOAST.net.

  1. When TOAST.net Discloses Your Personal Information. Except as explicitly stated in this privacy policy, TOAST.net will not disclose to unaffiliated third parties any of your Personal Information without first obtaining your consent. TOAST.net does and will continue to disclose your Personal Information to unaffiliated third parties in the following circumstances
  1. if required by law, regulatory or court order, or legal process;
     
  2. if TOAST.net determines that doing so would be in the public interest (i.e., if TOAST.net was to suspect that you were using the TOAST.net Site in connection with the commission of a crime);
     
  3. in connection with a sale, merger, consolidation, change in control, transfer of substantial assets, reorganization, or liquidation of the TOAST.net;
     
  4. if you provide such information to TOAST.net in connection with a promotion of a good or service offered by a third party, for purposes of such promotion, including, without limitation, sharing such information with that third party;
     
  5. to provide you with certain services on the TOAST.net Site that are provided by such parties, as reasonably required to provide such services and;
     
  6. in the context of working with third-party contractors engaged by TOAST.net in the provision of the TOAST.net Site or related matters.

After TOAST.net discloses your Personal Information to unaffiliated third parties in such instances, TOAST.net can no longer control the use or further disclosure of your Personal Information. Consequently, TOAST.net will not be responsible to you for such use or further disclosure.

  1. Correcting Your Information. You can ensure that your account information is correct and current by reviewing and updating it at any time. You may do so as often as necessary by logging into My Account at http://www.toast.net/members.
     
  2. Email Referrals. If you choose to use any website referral function (as may be provided by the TOAST.net from time to time) to tell friends about TOAST.net, you will be required to provided your name and email address and the email addresses of your friends. The form automatically sends your friends a one-time email inviting them to visit the TOAST.net Site. TOAST.net does not access or store this information, except to send the invitation to visit the TOAST.net Site. By using the referral form you are authorizing TOAST.net to contact your friends on your behalf and to list your name and email address as the referring party.
     
  3. Security. TOAST.net takes precautions involving physical, electronic, and managerial controls to protect from loss, misuse, unauthorized access or disclosure, and alteration any of your Personal Information in TOAST.net’s possession. TOAST.net may employ industry-standard Secure Sockets Layer encryption when requesting certain financial Person Information from you. TOAST.net does not, however, use such encryption during your day-to-day use of the TOAST.net Site. You should note that the confidentiality of any information transmitted over the Internet cannot be guaranteed.
     
  4. Links to Other Sites. You should be aware that this privacy policy applies only to the TOAST.net Site. Importantly, it does not apply to any other web or other sites to which a link may be provided as part of the TOAST.net Site. TOAST.net cannot control and is not responsible for the actions of third parties operating such sites. You should not take the existence of an affiliation with, or a link from, the TOAST.net Site to any such other site to mean that it has a privacy policy similar to this one. You should review the privacy policy of any such site.
     
  5. No Data Transmission Guarantee. There is no method of data transmission that can be guaranteed against any interception or other type of misuse, every time. TOAST.net does not ensure or otherwise warrant the security of information that you provide. TOAST.net does use the tools that are commercially available to secure TOAST.net’s systems, monitor them and adopt new and better tools as they become available. Also, TOAST.net cannot vouch for the privacy measures of other websites or wireless networks, should you visit them via a link from the TOAST.net Site. TOAST.net’s provision of hyperlinks is for your convenience and does not imply that the TOAST.net endorses or has an association with the linked sites. Please note that if you transmit your information using an on-device client, your information will be traveling over the wireless network provided by your network provider and the TOAST.net cannot ensure the privacy of your information when it travels over such third party networks.
     
  6. Changes to This Policy. As TOAST.net’s business is a very dynamic one, TOAST.net needs to be able to make revisions to this privacy policy. Consequently, TOAST.net reserves the right to change this privacy policy at any time without notice to you. Please check back here from time to time, especially before you provide your Personal Information via the TOAST.net Site, so that you are always up to date on this important issue. Your continued use of the TOAST.net Site constitutes your agreement to and acceptance of the privacy policy and any changes to it.