Acceptable Use Policy

Togglebox has formulated this Acceptable Use Policy in order to encourage the responsible use of Togglebox’s services by our customers and other users (‘Users’), and to enable us to provide our Users with secure, reliable and productive services.

General Conduct

The Togglebox network, including the websites hosted by Togglebox (collectively, the ‘Togglebox Network’), may be used only for lawful purposes. Users may not use the Togglebox Network in order to transmit, distribute or store material (a) in violation of any applicable law, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or the privacy, publicity or other personal rights of others, or (c) that is obscene, threatening, abusive or hateful, including the advocating of terrorism and/or the killing of any individual or group.

Child Pornography

Togglebox will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the Togglebox network, and will be liable for illegal material posted by their clients. According to the Child Protection Act, child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years. No credits will be issued for any interruption in service resulting from policy violations. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at icpicc@customs.treas.gov.

System and Network Security

Users are prohibited from violating or attempting to violate the security of the Togglebox Network, including, without limitation, (a) accessing data not intended for such User or logging into a server or account which such User is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, ‘flooding’, ‘mailbombing’ or ‘crashing’, (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or (e) 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 which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

E-Mail

Users may not send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements (‘spam’) in a way that could be reasonably expected to adversely impact the Togglebox Network, including, without limitation, using an e-mail account on Togglebox’s network to send spam or bulk e-mail, or using the service of another provider to send spam or to promote a site hosted on or connected to the Togglebox Network. In addition, Users may not use the Togglebox Network in order to (a) send e-mail messages which are excessive and/ or intended to harass or annoy others, (b) continue to send e-mail messages to a recipient that has indicated that he/she does not wish to receive them, (c) send e-mail with forged TCP/IP packet header information, (d) send malicious e-mail, including, without limitation, ‘mailbombing’, (e) send or receive e-mail messages in a manner that violates the use policies of any other internet service provider, or (f) use an e-mail box exclusively as a storage space for data (g) Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.

Usenet

Users who post messages to Usenet newsgroups are responsible for becoming familiar with any written charter or FAQ governing use of such newsgroups and complying therewith. Regardless of such policies, Users may not (a) 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’), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.

Suspension / Termination

Any User which Togglebox determines to have violated any element of this Acceptable Use Policy shall receive a written warning, and may be subject at Togglebox’s discretion to a temporary suspension of service pending such User’s agreement in writing to refrain from any further violations; provided, however, that if Togglebox deems it necessary, it may immediately suspend or terminate such User’s service without issuing such a warning. Users which Togglebox determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. Accounts and Services terminated by Togglebox for a violation of the Terms of Service or Acceptable Use Policy will not be granted refunds.

Responsibility

Togglebox takes no responsibility for any material input by others and not posted to the Togglebox Network by Togglebox. Togglebox is not responsible for the content of any other websites linked to the Togglebox Network; links are provided as Internet navigation tools only.

Privacy

Any User interacting with our site and providing Togglebox with name, address, telephone number, e-mail address, domain name or URL or any other personally identifiable information permits Togglebox to use such information for commercial purposes of its own, including contacting Users about products and services which may be of interest. For each visitor to our Web Site, our Web server recognizes only the visitor’s domain name, not the e-mail address. We collect information volunteered by the visitor, such as form submittals and/or site registrations. This information is used to improve the content of our Web site, it is not shared with other organizations for commercial purposes. Any User who does not wish to receive further contacts from Togglebox should send Togglebox a specific request (i.e., stating do not use or do not share or both) by certified mail or by regular mail clearly marked ‘Privacy-Urgent’ addressed as follows: Togglebox, 1000 E. Walnut St, Suite 721, Perkasie, Pennsylvania 18944.

Confidentiality

Customer acknowledges that by reason of their relationship, both the Customer and the Company 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 either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third part, any such information revealed to it by either party, as the case may be. The Customer and the Company further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the vent of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of the agreement for any reason. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.

Copyright Policy

Togglebox does not, and cannot, control what content is available to you using the Togglebox Network. Togglebox’s users decide what content to make available to others using the Togglebox network and what content to download. Users are responsible for complying with all applicable federal and state laws applicable to such content, including copyright laws. Togglebox respects copyright law and expects our users to do the same. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights. As a condition to your account with Togglebox, you agree that you will not use the Togglebox service to infringe the intellectual property rights of others in any way. 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 conjunction with use of the Togglebox service, or if Togglebox believes that user 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. Togglebox does not sell, rent or otherwise disclose its mailing lists to third parties. Togglebox reserves the right to modify this Acceptable Use Policy at any time in its sole and absolute discretion. Copyright Togglebox. All rights reserved. Do not copy or redistribute in any form.