Terms and Conditions
Your Rights and Responsibilities
Internet Access Service
Effective November 11, 2014
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:
- 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.
- 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.
- Service Availability.
You acknowledge that TOAST.net Service is not available in some areas. Within coverage areas, service availability, signal strength, quality, and network speeds 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 and early termination of such service will result in a termination fee (see Service Termination).
- 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.
- Prohibited Uses. Services may not be
used in a manner that violates any law (including, without
limitation, copyright and intellectual property laws) or
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
unused internet time and will not be entitled to a refund.
- 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.
- Credits. No credit or adjustment will
be made for interruptions or degradations of the Service.
- 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.
- 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
- Complaint Resolution and Notices. All
complaints must be sent to the TOAST.net Billing Review
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.
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.
- 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
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- DSL-2 Annual Contract. You expressly agree that in the event that you terminate this contract prior to the one year commitment, you will pay the lesser of the following: $200.00 or the total of all monthly charges multiplied by the number of months remaining on the contract. (Termination Fee). The Termination Fee would be waived if the DSL-2 service is cancelled before installation or the service cannot be installed.
In the event of cancellation, you agree that TOAST.net may immediately, upon receipt of the cancellation notice, charge my account via debit or credit the Termination Fee. In the event you are a customer paying via check/cash, the service will terminate upon receipt of a check/cash in the amount of the Termination Fee. In the event the Termination Fee is unable to be collected, for any reason, you agree to pay to TOAST.net any related expenses for collection of such fee, including court costs, and attorney fees.
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.
- 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.
- 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
- 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.
- 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
- 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.
Effective July 1, 2012
THE FOLLOWING ADDENDUM DESCRIBES THE TERMS UNDER WHICH TOAST.NET OFFERS YOU ACCESS TO OUR WEB SITE AND RELATED SERVICES
Section 1.1 Privacy
II. USING THE TOAST.NET SITE
Section 2.1 Inappropriate Uses
- Not to introduce viruses, worms, harmful code, or Trojan
horses onto the Internet;
- Not to do anything that might be construed as hacking
such as port scanning, unauthorized access, or denial of
- 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
- To keep all registration information including email
address, phone number, and billing information current;
- 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
- Not to conduct any activity that is a violation of any
State or Federal law or to request unlawful services or
- Not to harm minors in any way;
- Not to impersonate any person or entity or to falsely
state or otherwise misrepresent your affiliation with a
person or entity;
- Not to store, publish, distribute, or otherwise
disseminate child pornography or similar material;
- 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;
- Not to interfere with any other party's use and
enjoyment of the TOAST.net Site;
- 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;
- Not to make inappropriate postings to newsgroups, chat
rooms, electronic bulletin boards and any other forum on the
TOAST.net Site or elsewhere;
- Not to aide persons under the age of 18 in the purchase
of products without the involvement of a parent or guardian;
- Not take any action that imposes an unreasonable
or disproportionately large load on our infrastructure.
- 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.
- Depending on your Service Plan, these additional Acceptable Use policies may apply: www.covad.net (DSL outside MI, IN & OH), Buckeye Telesystem (Metro Ethernet)
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:
- 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.
- 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
- 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.
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.
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.
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.
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.
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.
Effective July 1, 2012
- 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).
- 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
- 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.
- How TOAST.net Uses Your Personal Information.
TOAST.net may use your Personal Information in the following
- to customize the look and feel of the TOAST.net Site
- 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;
- to send you material about topics on which you have
requested more information; and
- to provide you with technical and other support.
- to customize the look and feel of the TOAST.net Site for you;
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.
- if required by law, regulatory or court order, or legal
- 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);
- in connection with a sale, merger, consolidation, change
in control, transfer of substantial assets, reorganization,
or liquidation of the TOAST.net;
- 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
- 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;
- 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.
- 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
- 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.
- 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.
- Links to Other Sites. You should be
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
- 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.