TOASTnet Internet Disclaimers
Disclaimer & Offer Details
Internet Service Agreement
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 this Agreement.
- 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 responsibility.
- Complaint Resolution and Notices. All complaints must be sent to the TOAST.net Billing Review Committee at toast.net/billing-request. TOAST.net requires you to describe the complaint in writing. Written notices to you from TOAST.net will be deemed given when sent to the email address specified on your most recent Order or Statement. You are responsible for notifying TOAST.net of any changes in your email and/or mailing address. Written notice to TOAST.net will be effective when directed to TOAST.net's Billing Review Committee and received at toast.net/billing-request. 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.
- Ownership; No Licenses. (i) The Service and Equipment, and any Software used to provide the Service; (ii) all Service information, documents and materials delivered to you by TOAST.net or located on TOAST.net's website (collectively "Information"); (iii) all names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of TOAST.net; and (iv) all other intellectual property rights in the data, schematics, layout, designs, specifications, firmware and software related to the Equipment, Service and/or the Software are and will remain the sole property of TOAST.net and nothing in this Agreement grants you the right or license to use any of such Software, Information, or Marks except for your nonexclusive use of the Software and Information in connection with your personal use of the Service and Equipment in accordance with this Agreement. You may not decompile, disassemble, reverse engineer or modify the Equipment or Service or any other product or service purchased from TOAST.net, or combine it with, or incorporate it in, other products without prior written authorization from TOAST.net.
- 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 IN PART.
- 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 reason.
- 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 parties.
- 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 effect.