Acceptable Use Policy

1. Definitions; Purpose

• Policy means this Acceptable Use Policy, as amended from time to time in accordance with the “Changes to This Policy” section.
• Togglebox Network means the network, systems, and infrastructure operated by Togglebox, including the websites and services hosted thereon.
• User means any customer of Togglebox and any other person or entity that accesses or uses the Togglebox Network, including any client or end user of a customer.
• Customer means the person or entity that purchases or uses the Services under the Terms of Service.
• Services means the hosting and related services Togglebox makes available to the Customer.

Togglebox has adopted this Policy to promote the responsible use of its Services and to enable Togglebox to provide its Users with secure, reliable, and productive Services. This Policy is incorporated by reference into, and forms part of, the Terms of Service. Each Customer is responsible for ensuring that its own clients, end users, and authorized users comply with this Policy, and remains liable for their acts and omissions on the Togglebox Network.

2. General Conduct

The Togglebox Network may be used only for lawful purposes. No User shall use the Togglebox Network to transmit, distribute, or store material that:

1. violates any applicable law or regulation;
2. infringes the copyright, trademark, trade secret, or other intellectual-property rights of any person, or violates the privacy, publicity, or other personal rights of any person; or
3. is obscene, threatening, abusive, or hateful, including material advocating terrorism or the killing of any individual or group.

3. Child Sexual Abuse Material (CSAM)

1. Zero Tolerance. The use of the Togglebox Network to create, store, transmit, distribute, or otherwise make available child sexual abuse material, or any other material that sexually exploits minors, in violation of applicable law — including 18 U.S.C. § 2251 et seq. — is strictly prohibited.
2. Cooperation with Law Enforcement. Togglebox will cooperate fully with any criminal investigation into a violation of laws protecting minors, including by preserving and disclosing information as required by law.
3. Customer Responsibility. The Customer is responsible for the actions of its clients and end users on the Togglebox Network and shall be liable for unlawful material posted by them.
4. No Credits. No credits or refunds will be issued for any interruption of service resulting from a violation of this section.
5. Reporting. Suspected child sexual abuse material may be reported to the National Center for Missing & Exploited Children (NCMEC) through the CyberTipline at report.cybertip.org.

4. System and Network Security

Users are prohibited from violating, or attempting to violate, the security of the Togglebox Network, including, without limitation, by:

1. accessing data not intended for such User, or logging into a server or account that such User is not authorized to access;
2. probing, scanning, or testing the vulnerability of any system or network, or breaching security or authentication measures, without proper authorization;
3. interfering, or attempting to interfere, with service to any user, host, or network, including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing”;
4. forging any TCP/IP packet header, or any part of the header information in any e-mail or newsgroup posting; or
5. taking any action in order to obtain services to which such User is not entitled.

Violations of system or network security may result in civil or criminal liability. Togglebox will investigate occurrences that may involve such violations, and may involve, and cooperate with, law-enforcement authorities in prosecuting Users involved in such violations.

5. E-mail

No User shall send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements (“spam”), in a manner that could reasonably be expected to adversely affect the Togglebox Network, including, without limitation, by using an e-mail account on the Togglebox Network to send spam or bulk e-mail, or by using the service of another provider to send spam or to promote a site hosted on, or connected to, the Togglebox Network. In addition, no User shall use the Togglebox Network to:

1. send e-mail messages that are excessive or intended to harass or annoy others;
2. continue to send e-mail messages to a recipient who has indicated that they do not wish to receive them;
3. send e-mail with forged TCP/IP packet header information;
4. send malicious e-mail, including, without limitation, “mailbombing”;
5. send or receive e-mail messages in a manner that violates the use policies of any other internet service provider;
6. use an e-mail box exclusively as a storage space for data; or
7. offer for sale, or solicit, e-mail lists for the purpose of sending bulk e-mail.

6. Usenet

Users who post messages to Usenet newsgroups are responsible for familiarizing themselves with, and complying with, any written charter or FAQ governing the use of such newsgroups. Regardless of such charters or policies, no User shall:

1. post the same message, or a series of similar messages, to one or more newsgroups (excessive cross-posting or multiple-posting, also known as “Usenet spam”);
2. cancel or supersede posts not originally posted by such User, except in the course of such User’s duties as an official newsgroup moderator;
3. post any message with forged packet header information; or
4. post messages that are excessive or intended to annoy or harass others, including, without limitation, chain letters.

7. Enforcement; Suspension and Termination

1. First Violation. Any User that Togglebox determines to have violated any provision of this Policy shall receive a written warning and may, at Togglebox’s discretion, be subject to a temporary suspension of service pending such User’s written agreement to refrain from further violations.
2. Immediate Action. Notwithstanding the foregoing, if Togglebox deems it necessary, Togglebox may suspend or terminate such User’s service immediately and without prior warning.
3. Repeat Violations. Any User that Togglebox determines to have committed a second violation of any provision of this Policy shall be subject to immediate suspension or termination of service, without further notice.
4. No Refunds. Accounts and Services terminated by Togglebox for a violation of the Terms of Service or this Policy will not be granted refunds.

8. Third-Party Content; No Responsibility

Togglebox assumes no responsibility for any material created or supplied by any party other than Togglebox and not posted to the Togglebox Network by Togglebox. Togglebox is not responsible for the content of any websites linked to or from the Togglebox Network; such links are provided as internet navigation tools only and do not constitute an endorsement.

9. Privacy

1. No Sale or Sharing. Togglebox does not sell, trade, rent, or otherwise share personal information — including mailing lists — with third parties for their own commercial purposes.
2. PCI Compliance. Togglebox is PCI DSS compliant with respect to its handling of payment-card information.
3. Safeguards. Togglebox employs reasonable administrative, technical, and physical safeguards designed to protect personal information against unauthorized access, use, or disclosure.
4. Governing Policy. Togglebox’s collection, use, and disclosure of personal information are governed by the Privacy Policy, which is incorporated herein by reference. Users who wish to opt out of marketing communications may do so by contacting [email protected].

10. Confidentiality

1. Confidential Information. The Customer acknowledges that, by reason of the parties’ relationship, each of the Customer and Togglebox may have access to certain products, information, and materials relating to the other party’s business — which may include business plans, customers, software technology, and marketing plans — that are confidential and of substantial value to the disclosing party, and the value of which would be impaired by disclosure to third parties.
2. Non-Use; Non-Disclosure. Each party agrees that it will not use any such information disclosed to it by the other party for its own account or for the account of any third party, and will not disclose such information to any third party.
3. Protection. Each party shall take every appropriate precaution to protect the confidentiality of such information.
4. Return or Destruction. Upon termination of the Terms of Service between the parties, neither party shall use or disclose any confidential information of the other party in its possession, and all confidential documents shall be returned to the rightful owner or destroyed.
5. Survival; Injunctive Relief. The provisions of this section shall survive termination of the Terms of Service for any reason. Upon any breach or threatened breach of this section, the non-breaching party shall be entitled to injunctive relief, and neither party shall contest the granting of such relief.

11. Copyright and Intellectual Property

1. User Content. Togglebox does not, and cannot, control the content made available through the Togglebox Network. Users decide what content to make available to others using the Togglebox Network and what content to download, and are responsible for complying with all federal and state laws applicable to such content, including copyright laws.
2. No Infringement. Togglebox respects copyright law and expects its Users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. As a condition of the User’s account with Togglebox, the User agrees not to use the Services to infringe the intellectual-property rights of others in any way.
3. Repeat Infringers; Termination. Togglebox will terminate the accounts of Users who are repeat infringers of the copyrights, or other intellectual-property rights, of others. In addition, Togglebox reserves the right to terminate the account of a User upon any single infringement of the rights of others in connection with the use of the Services, or if Togglebox believes that the User’s conduct is harmful to the interests of Togglebox, its affiliates, or other Users, or for any other reason in Togglebox’s sole discretion, with or without cause.
4. DMCA Notices. Togglebox responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act. Notices should be sent to Togglebox’s designated agent — Togglebox DMCA Agent, 661 W. Germantown Pike, Suite 01, Plymouth Meeting, PA 19462; email: [email protected] — and must include the information required by 17 U.S.C. § 512(c)(3).

12. Changes to This Policy

Togglebox reserves the right to modify this Policy at any time, in its sole and absolute discretion. When Togglebox does so, it will post the revised Policy on this page with an updated “Last Updated” date. Continued use of the Togglebox Network after a revised Policy takes effect constitutes acceptance of the revised Policy.

© Togglebox. All rights reserved. This Policy may not be copied or redistributed in any form.