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Web-Toast Terms & Conditions and Acceptable Use Policy

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ACCEPTABLE USE POLICY

1. 1. Introduction

1. 1.1. This Acceptable Use Policy ("AUP") specifies actions prohibited by Web-Toast to users of the Internet Services.

2. 1.2. You must read this AUP very carefully. It is important. It and our Terms and Conditions are part of your legally binding relationship with us.

3. 1.3. "Users" and "you" means customers or anyone else who uses or accesses the Services. This AUP outlines the principles that govern use of the systems, services and software provided by Web-Toast. By using our Services, you agree to comply with all parts of this AUP, and we may (notwithstanding our rights of suspension and restriction referred to below) terminate your account if you fail to comply with any of the same.

4. 1.4. We may amend, modify or substitute this AUP at any time and any such modification, amendment or substitution shall be posted on the relevant web site and become automatically effective upon all Users as from the date of posting.

5. 1.5. We recommend that you visit our website regularly to check for any updates or amendments to this AUP.

2. 2. Web-Toast’s Right to Suspend, Restrict or Terminate Your Services

1. 2.1. We will take action if you abuse the Services (for example, by sending spam or making racist forum postings). The actions we may take include:

* a formal warning to you;
* suspension of your account (with or without notice);
* restriction of your access to the Services (or any part of the Services); or
* termination of your account.

This is not a full list of the action we may take. See also paragraph 2.2 below.

2. 2.2. Notwithstanding our right to restrict, suspend or terminate the Services, if you breach this AUP and/or our Terms and Conditions you may receive a formal warning from us specifying the unacceptable conduct and notifying you that repeated breaches may result in the Services (or any part of Services) being temporarily or permanently withdrawn from you.

3. 2.3. If, after you have received a formal warning from us in accordance with paragraph 2.2 above, your conduct continues to breach this AUP, then we will withdraw the Services (or part of the Services) from you until such time as we are satisfied that you have implemented appropriate steps to ensure that your use of our systems, Services or equipment will comply with this AUP.

4. 2.4. If such a suspension is imposed, then this may be lifted at our discretion, upon receipt of a formal written undertaking from you not to commit any future relevant abuse. However, all cases will be considered individually (in our sole discretion) upon their merits.

3. 3. Use of the Services

1. 3.1. We reserve the right to investigate any suspected violation(s) of this AUP. When we become aware of possible violations, we may initiate an investigation, which may include gathering information from the User involved and the complaining party, if any, and examination of material on our servers, networks or any other equipment associated with the Services.

2. 3.2. You must not use the Services in any way that is unlawful or illegal or in any way to the detriment of other Internet users. You also must not allow anybody using your connection to use the Services in any way that is unlawful or illegal or in any way to the detriment of other Internet users.

3. 3.3. During an investigation, if we believe that a violation of this AUP or our Terms and Conditions has occurred, we may take immediate remedial action. Such action may include temporary or permanent removal of material from our servers, the cancellation of forum postings, warnings to the User responsible, and the suspension, restriction or termination of the User's account. We will determine what action will be taken on a case-by-case basis. Please note that we have a policy of open co-operation with all relevant authorities and regulators.

4. 3.4. In addition to and without prejudice to your obligations pursuant to our Terms and Conditions, you agree to comply with (and ensure that others using the Services comply with) all applicable laws, statutes and regulations in connection with the Services. As the User of record, you are responsible for all use of your account, irrespective of use without your knowledge and/or consent.

5. 3.5. You are required to keep your contact details provided to Web-Toast up to date. Keeping such records up to date is important as we may need to send notices or other information to you using the contact information you gave us.

6. 3.6. Users are expected and required to review email in their primary mailbox provided as part of the Services on a regular basis. This is to enable us to advise you of any significant issues that may affect your use of the Services.

4. 4. Use of Material

1. 4.1. You are prohibited from storing, distributing, transmitting or causing to be published any Prohibited Material through your use of the Services. Examples of "Prohibited Material" shall be determined by us (acting in our sole discretion) and shall include (but are not limited to) material that:

2. 4.1.1. is threatening, harassing, invasive of privacy, defamatory, racist, obscene, indecent, offensive, abusive, harmful or malicious;

3. 4.1.2. infringes or breaches any third party's intellectual property rights (which shall include, but not be limited to copyright, trade mark, design rights, trade secrets, patents, moral rights, paternity rights and performance rights) - this includes the use, distribution and/or copying of any material without the express consent of the owner;

4. 4.1.3. is in violation of any law or regulation that is enforceable in the United Kingdom;
5. 4.1.4. unsolicited promotional or marketing material;
6. 4.1.5. chain letters or pyramid selling schemes; and
7. 4.1.6. programs containing viruses, hoaxes or any tools designed to compromise the security of other websites and/or systems. However, you may pass samples of malware in a safe manner to appropriate agencies for the purpose of combatting its spread.

8. 4.2. For the avoidance of doubt, the storage upon and/or distribution over our systems by any User of "pirated" software, or any other materials that are not expressly licensed to the User, will constitute a violation of this section 4 of the AUP.

9. 4.3. We reserve the right to inform and/or report the storage, distribution, transmission, retransmission or publication of Prohibited Material (and/or any other materials which may constitute unlawful conduct by Users) to relevant authorities and/or regulators, in addition to any action we may take as outlined in this AUP.

5. 5. System Security

1. 5.1. You are prohibited from using the Services to compromise the security, adversely affect or tamper with our system resources or accounts (including but not limited to those of other Users) on our systems, or at any other site accessible via our systems, without the explicit consent of the owner of such account and/or site. Malicious use or distribution of tools designed for compromising security is prohibited.

2. 5.2. The security of the services used by you from your home or business is your responsibility. It is also your responsibility to ensure that you keep your passwords secure. We are not responsible for any negative consequences (e.g. lost or corrupted files) incurred by your failure to employ adequate security measures.

3. 5.3. Users are responsible for the security of their own devices that are directly or indirectly connected to our network. This includes, but is not limited to: PCs, wired and wireless home networking devices and games consoles.

4. 5.4. If we identify that machines on the end of your connection are causing significant impact to our service or are part of a “botnet” (machines hijacked by others to distribute malicious software or other forms of abuse), we reserve the right to disconnect your connection without notice.

6. 6. Prohibited Uses of Web-Toast’s Systems and Services

1. 6.1. Users must not take any action that may restrict or inhibit any person, partnership, company, firm or organisation (whether a customer of Web-Toast or otherwise) in its lawful use or enjoyment of any of our systems, services or products. Examples of this may include: Prohibited Actions: General Conduct:

2. 6.1.1. the sale or resale of our services and products;
3. 6.1.2. any form of on-line advertising or marketing practices - deceptive, misleading or otherwise;
4. 6.1.3. furnishing false data on our sign-up forms, contracts or on-line applications, including fraudulent use of credit card numbers (and such conduct is grounds for immediate termination and may subject the offender to civil or criminal liability);

6. Prohibited Actions: System and Network Security:

1. 6.1.5. attempting to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the User, logging into a server or account the User is not expressly authorised to access, or probing the security of other networks without the express authorisation of the owner of such third party network(s);

2. 6.1.6. effecting security breaches or disruptions of Internet communications. Security breaches include, but are not limited to, accessing data of which the customer is not an intended recipient or logging onto a server or account that the customer is not expressly authorised to access. For the purposes of this section "disruption" includes, but is not limited to, port scans, ping floods, packet spoofing, forged routing information, deliberate attempts to overload a service, any otherwise unspecified form of Denial of Service (DoS) attack, or attempts to "crash" a host;

3. 6.1.7. using any program/script/command, or sending messages of any kind, designed to interfere with or adversely affect a user's enjoyment of our network by any means, locally or by the Internet - including violating the privacy of other Users; and

4. 6.1.8. executing any form of network monitoring which causes the interception for malicious purposes of any data that does not belong to the User.

7. 7. Internet Protocol Services

1. 7.1. Users may only provide Internet Protocol Services ("IPS") within the limits set out in this Section 7. Users are deemed wholly responsible for any and all network traffic emanating from relevant servers and are required to ensure that such IPS are secured against abuse by third parties. This includes (but is not limited to) ensuring that servers are running up to date security patches and are configured so as to not act as relay servers at any time. "Relay servers" mean servers that can be utilised by another Internet user to relay spam, or any other type of abusive network traffic.

2. 7.2. Failure by Users to secure servers against such abuse may result in immediate suspension or termination of service by us (acting at our sole discretion), with no prior notice, in order to protect the overall network and services provided to other customers.

3. 7.3. In addition to the above, Users' provision of IPS may not adversely affect any other users of our network (including telephony and internet services). Further, Users may not include within and/or distribute via an IPS any content without the express consent of the owner of all relevant rights in such content (including but not limited to intellectual property rights). We reserve the right to monitor network traffic and to take appropriate action as required, including the right to restrict any IPS. An example of such adverse usage could be the consumption of a high proportion of the available upload bandwidth over a significant period of time. We will not offer any technical support for the provision of IPS.

8. 8. Forum Usage

1. 8.1. Our Services include access to many Forum discussion groups. You acknowledge that some forums contain language, media or discussion of subjects intended for adult audiences. We do not monitor access to Usenet newsgroups or the content of posts by our customers or customers at other sites. Accordingly, we are not responsible for the content of any posting made to Usenet.

2. 8.2. We reserve the right to discontinue access to any Usenet newsgroup at any time and for any reason.

3. 8.3. We will investigate complaints regarding posts of inappropriate material to Usenet by Users and may, at our sole discretion, take action based on the rules set out below. Criteria for determining whether a post is inappropriate include (without limitation):

4. 8.3.1. the written charter of the newsgroup(s) in question;
5. 8.3.2. the established Usenet conventions outlined below;
6. 8.3.3. the system resources consumed by the posting; and
7. 8.3.4. applicable laws.

8. 8.4. Forum articles posted using the Services must comply with the written charter of the forum to which they are posted. If a forum does not have a charter its title or recent content may be considered sufficient to determine the general topic of the forum. You are responsible for determining the rules of a forum before posting to it.

9. 8.5. You may post advertisements only in those forums that specifically permit them in the charter. Some forums may permit "classified ads" for single transactions between private individuals, but not commercial advertisements. You are responsible for determining whether or not a forum permits such non-commercial advertisements before posting.

10. 8.6. Users may not alter the headers of posts to Forum to mislead other Internet users as to the origin of the posting. This includes but is not limited to, pre-loading the path, using another users details, using an incorrect "Date:" line. Using an invalid From: address for the purposes of combatting e-mail spam messages that would otherwise be sent to you is not considered to be misleading. We may cancel Forum articles posted via our servers if they breach this AUP. Users should not cancel Forum articles of any third party without the express consent of such third party. You may not use our resources to cancel articles that you did not post. The sole exception to this rule is for moderators and retro-moderators of formally moderated forums or newsgroups specifically allowing this in their charter, in which case the moderator or retro-moderator of a forum may cancel any articles in a forum he or she is moderating.

11. 8.7. You may not attempt to "flood" or disrupt Forum newsgroups. Examples of disruptive activities include posting multiple messages with no text in the body, or posting many follow-ups to messages with no new text.

12. 8.8. Usenet use must be fully compliant with Sections 3 and 4 of this AUP (Use of Services and Use of Material).

13. 8.9. The Web-Toast-specific forums must be used in accordance with this AUP and the guide to the Web-Toast forums.

9. 9. Email Use

1. 9.1. Email usage must be fully compliant with Sections 3 and 4 of this AUP (Use of Services and Use of Material).

2. 9.2. We will investigate complaints regarding email and may take action at our discretion, which shall be based on but not limited to the following:

3. 9.2.1. you may not use your email to send unsolicited messages to groups of people;

4. 9.2.2. if so requested by us or a recipient, you must desist from posting messages to said recipient;

5. 9.2.3. malicious mail, unsolicited e-mail and unsolicited bulk e-mail is prohibited from being sent from or via a Web-Toast connection. Users must take all appropriate precautions to prevent such use of their machines by third parties. We will not forward mail of accounts terminated for bulk mailing or unsolicited advertising;

6. 9.2.4. chain letters are unsolicited by definition and may not be propagated using the Services;

7. 9.2.5. you may not send, distribute, or reply to mailbombs (whether malicious or otherwise). "Mailbombing" is understood as causing individuals to receive large amounts of unrequested email by any means;

8. 9.2.6. Users may not construct, alter and/or forge the headers of email messages to conceal the sender's email address, or to prevent other Internet users from responding to messages;

9. 9.2.7. violations of this AUP may result in a large amount of email traffic. If our customers receive so much email that our resources are affected, we reserve the right to take such action(s) as may be necessary (to be determined at our sole discretion) to protect both the Services and our Users, including, but not limited to, deployment of appropriate network security software; and

10. 9.2.8. harassment, whether through language, frequency or size of messages sent, is prohibited.

10. 10. Webspace

1. 10.1. It is the Users responsibility to back up their webspace content. Upon suspension or termination of services the content may be removed without notice.

2. 10.2. We may modify, remove or suspend content without notice if this AUP is breached in any way.

3. 10.3. Webspace usage must be fully compliant with Sections 3 and 4 of this AUP (Use of Services and Use of Material).

4. 10.4. Any content that has potential to offend other Internet users (whilst within the law, and our Terms and Conditions) contained on a Users webspace must be preceded by an appropriate content warning (to warn the viewer that should they continue they may find the resulting images offensive).

5. 10.5. The User is wholly responsible for the content stored on their webspace and must ensure that all appropriate intellectual property right permissions are obtained. If said permissions can not be made available when requested by us the content may be removed.

6. 10.6. Any content that results in abnormal data volume use that adversely impacts our network may be removed with or without notice.

11. 11. Complaints and Enforcement

1. 11.1. Complaints

2. 11.1.1. Complaints regarding the conduct of a User on our network will be accepted by our reporting system available at https://web-toast.co.uk/service/submitticket.php and via all other standard abuse reporting mechanisms. We must be able to verify each instance of abuse, and so each complaint must include the full headers and/or complete body of the offending message (where appropriate) or other forms of quantitative, supportive evidence. Submitting all relevant evidence in the original abuse report will significantly speed up the resolution of the issue by our Internet Security Team.

3. 11.1.2. Please do NOT send excerpted parts of a message; sending a copy of the entire message, including headers, helps to prevent misunderstandings based on incomplete information, or information used out of context. Full headers demonstrate which path the message has taken, and enable us to determine whether any part of the message has been forged. This information is vital to our investigation.

4. 11.2. Enforcement

5. 11.2.1. We may, in our sole discretion, suspend, restrict or terminate a User's service for violation of any of part of this AUP at any time and without warning.

6. 11.2.2. Prior to terminating services as a general rule, we will attempt to work with Users to avoid future violations of the AUP and to ensure that there is no reoccurrence of the incident (but it shall not be obliged to do so).

12. 12. Web-Toast Is Not Responsible For Content

1. 12.1. We are not responsible for the content of any Forum posting, whether or not the posting is made by a User.

2. 12.2. We are not responsible for the content of materials and information published by others (including Users) that are accessible via the Services, and we do not accept liability or responsibility for any such publication.

3. 12.3. At our sole discretion (and without prejudice to any of our other rights pursuant to this AUP and our Terms and Conditions), We reserve the right to remove any materials from any server under our control.

TERMS & CONDITIONS.

This is a legal and binding agreement between you, the Customer, and WebToast. By using, installing or accessing the WebToast website, the Services and certain Products that are offered, as our Customer you agree to all of the terms and conditions of this agreement. If you do not agree to these terms, the Acceptable Use Policy or any other Terms and Conditions posted on the WebToast web site, all services will be discontinued, activation of the account will cease and your account terminated.

END USER LICENSE AGREEMENT LICENSE GRANT.

Subject to the provisions contained herein and payment of applicable fees, WebToast hereby grants to you a non-exclusive, non-transferrable, license to use its accompanying proprietary software application products offered on the WebToast web site ("Software",) for your own use. Such Software is protected by the laws of the United Kingdom & United States and internationally. 

RESTRICTED USE.

All rights not expressly granted herein are retained by WebToast and its licensers. Except as stated above, this Agreement does not grant the Customer any intellectual property rights in the Software. Customer shall not rent, lease, transfer or sub-license the Software. Customer shall not under any circumstances nor shall Customer permit a third party to (i) de-compile,, disassemble, reverse engineer or otherwise attempt to reconstruct or discover the source code of the Software or (ii) prepare derivative of the Software or (iii) remove any product identification, Webtoast, trademark or other notice from the Software. Any such copy made by you shall be subject to this Agreement and shall contain all of WebToast's notices regarding WebToast's, trademarks and other proprietary rights as contained in the Software originally provided to you.

TITLE.

The Software's organisation, structure, sequence, logic, and source code are valuable to the Company.  Any and all title, ownership rights, and intellectual property rights in and to the Software and Documentation shall remain at any and all times in WebToast and/or its suppliers.  Title, ownership rights, and intellectual property rights in and to the content accessed through the Software is the property of the applicable content owner and may be protected by applicable WebToast or other law. This License does not give Customer any rights to such content.

LIMITED WARRANTY.

WebToast warrants to the Customer, for a period of ninety (90) days from the date of this agreement, installation of Software, or use of services, whichever is earlier, that it will replace any defective media on which the Software is provided and that the Software, if not modified and if properly installed and used, will substantially conform to the material specifications set forth in the documentation, Such warranties are for the Customer's benefit only and  are not transferable. WebToast does not warrant that the Software will operate error free or uninterrupted or will meet your requirements. Except for the express warranties stated in this section, the Software are licensed "as is" and WebToast specifically excludes and disclaims all warranties of merchant-ability, fitness for a particular purpose, statutory non-infringement of third party intellectual property rights and any warranty that may arise by reason of trade usage, custom or course of dealing and Customer hereby expressly waives any and all such warranties.  

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY OR BY JURISDICTION.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, WEBTOAST OR ITS SUPPLIERS OR RESELLERS BE LIABLE TO YOU OR ANY OTIER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTFER COMMERCIAL DAMAGES OR LOSSES, OR FOR ANY DAMAGES IN EXCESS OF WEBTOAST'S LIST PRICE FOR A LICENSE TO THE SOFTWARE AND DOCUMENTATION, EYEN IF WEBTOAST SHALL HAVE BEEN INFORMED OF TFE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTFER PARTY. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT APPLICABLE LAW PROHIBITS SUCH LIMITATION. FURTHERMORE, SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU. 

EXPORT CONTROLS.

You may not download, use or otherwise export the Software or any underlying information or technology except in full compliance with all United States  and other applicable laws and regulations. In particular, but without limitation, none of the Software or underlying information or technology may be downloaded, used or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Haiti, Iraq, Libya, Yugoslavia, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you are agreeing to the foregoing and you are representing and warranting that you are not located in, under the control of, or a national or resident of any such country or on any such list. 

TERMINATION.

This Agreement is effective until terminated. Webtoast may terminate this Agreement immediately if Customer attempts to reverse engineer the Software or otherwise violate any of the restrictive uses as described herein.  Otherwise, this Agreement may be terminated by either party for a breach of any of its material terms, provided the non-breaching party provides to the breaching party 30 days written notice describing such breach and offering the breaching party an opportunity to cure.  Failure to cure a material breach within the notice period shall result in automatic termination of this Agreement.  Should this Agreement be terminated for your material breach, Customer agrees to remove all copies of the Software or any part of the Software from any and all computer storage devices, and destroy the Software and all Documentation.  At Webtoast's request, Customer or any of Customer's authorised signatory on the account, shall certify in writing to Webtoast that all complete and partial copies of the Software and the Documentation have been destroyed and that none remain in Customer's possession or under its control. The provisions of this Agreement except for the Section 1, "License Grant," shall survive. 

MISCELLANEOUS.

This Agreement represents the complete and exclusive statement of the agreements concerning this license between the parties and supersedes all prior agreements and representations between them. It may be amended only by a writing executed by both parties.

THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO TIE TFRMS SET FORTH HEREIN, AND WEBTOAST AGREES TO FURNISH THE SOFTWARE AND DOCUMENTATION ONLY UPON THESE TERMS AND NOT THOSE CONTAINED IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make. It enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting this Agreement. This Agreement shall be governed by and construed under the US and UK law as such law applies to agreements between US and UK residents entered into and to be performed entirely within the US and UK, except as governed by Federal Law. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.

U.S. GOVERNMENT RESTRICTED RIGHTS.

Use, duplication or disclosure by the Government is subject to restrictions set forth in subparagraphs (a) through (d) of the Commercial Computer-Restricted Rights clause at FAR 52.227-19 when applicable, or in subparagraph (c)(l)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013, and in similar clauses in the NASA FAR Supplement. Contractor / manufacturer is Webtoast.