TOCICI

Table of Contents

Preservation of Confidences and Secrets of a Client (aka: NDA)

We take confidentiality seriously. We understand that many are extremely protective and reluctant to give up information relating to products, services and goals. This is, of course, the prudent thing to do. Our goal, however, is to help you. In order to help you it may be necessary for you to provide us with information that should legally remain confidential. As soon as you contact us to seek professional assistance we commit to treat all communications as confidential. This is true even if we ultimately do not enter into a services agreement.

To specifically allay any fears, this is our pledge: We pledge to protect confidential information learned from a client (you, and the business(s) you represent) or potential client, in spirit with 37 C.F.R. § 10.57:

  1. “Confidence” refers to information protected by agent-client privilege under applicable law. “Secret” refers to other information gained in the professional relationship that the client has requested be held inviolate or the disclosure of which would be embarrassing or would be likely to be detrimental to the client.
  2. Except when permitted under paragraph (3) of this section, we shall not knowingly:
    1. Reveal a confidence or secret of a client.
    2. Use a confidence or secret of a client to the disadvantage of the client.
    3. Use a confidence or secret of a client for our advantage or of a third person, unless the client consents after full disclosure.
  3. We may reveal:
    1. Confidences or secrets with the consent of the client affected but only after a full disclosure to the client.
    2. Confidences or secrets when permitted or required by law or court order.
    3. The intention of a client to commit a crime and the information necessary to prevent the crime.
    4. Confidences or secrets necessary to establish or collect the fee or to defend TOCICI, its employees or associates against an accusation of wrongful conduct.
  4. We will always exercise reasonable care to prevent employees, associates, and others whom utilize our services, from disclosing or using confidences or secrets of a client, except that we may reveal the information allowed by paragraph (3) of this section through an employee.

Use of TOCICI Products and Services (Terms Of Service)

You may use any of our services, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other jurisdictions. In order to access certain services, you are required to provide current and accurate identification, contact, and other information as part of the registration process. You are responsible for maintaining the confidentiality of your account information, and are responsible for all activities that occur under your account. You are solely responsible for all content on your account. You agree to immediately notify TOCICI of any unauthorized use of your account or any other breach of security. TOCICI will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.

Venue and Arbitration

In consideration of the mutual promises and covenants contained herein, both parties agree to the following:

  • This Agreement shall be construed in all respects in accordance with the laws of the state of Oregon, Multnomah County applicable to contracts enforceable in that state. Venue will be Multnomah County, Oregon.
  • Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Acceptable Conduct (AUP)

You agree that you are responsible for maintaining your own account. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, files, attachments or other materials (“Content”) are the sole responsibility of the account from which such Content originated. TOCICI reserves the right, but does not assume the responsibility, to monitor or review any Content on TOCICI services. You agree that you are responsible for the conduct of all users of your account and any Content that is created, transmitted, stored, or displayed by, from, or within your account while using TOCICI services and for any consequences thereof. You agree to use TOCICI services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts TOCICI services or servers or networks connected to TOCICI services.

Managed & Unmanaged Services

Unless you purchase additional support from TOCICI, all services are unmanaged. This means that you will have full root access to your environment, and that TOCICI is under no obligation to provide you with support for data or software within your environment. This generally means that you are responsible for maintenance and management, and that you should remain vigilant against unauthorized access.

Further details can be found under the Support Guarantees section.

Prohibited Usage

You agree that any of the below activities are considered prohibited usage and could result in immediate account suspension or cancellation without a refund and the possibility that TOCICI will impose fees, and/or pursue civil remedies without providing advance notice.

Misuse of System Resources

Misuse of system resources, including but not limited to employing programs that consume excessive CPU time (outside of allotted CPU usage), network capacity, disk I/O (input/output) or storage space. You will be given a warning before suspension for misuse of resources occurs.

Bandwidth Overages

Extra bandwidth is charged at the next rate + 50%. There is no charge if you upgrade within 48 hours of an overage notice.

Resources (Burst/Committed)

Unless you are hosting simple, mostly static web pages, or merely using your environment for storage, we recommend that you select a hosting package with at least 256MB RAM. Attempting to consistently utilize burst allocations as committed will result in an overage fee equal to the next tier + 50%, if you do not upgrade within 24 hours of an overage notice

Idle CPU Utilization

Applications intended to use idle x86 CPU clock time are prohibited. This includes Bitcoin mining1), folding@home, SETI@home, and similar applications.

Torrent & Peer2Peer Sharing/Seeding

Our services exist to support and enable legitimate business quality services. We permit torrent & peer2peer sharing, only if you have the legal rights to the data that you wish to download, upload or seed in a peer2peer network. TOCICI's receipt of any DMCA notices for IPs assigned to your VPS may result in your VPS being taken offline, without prior notice or warning. During this time, you will not be eligible for service credits or refunds, and other fees may be due prior to a restoration of your VPS2)

Unsolicited Communications

Sending unsolicited bulk messages utilizing our network. Generating a significantly higher volume of outgoing e-mail than a normal user. Using a non-existent email return address. Open E-mail relaying. Sending out unsolicited email from any other network that points to a TOCICI server.

SPAM

Our policy on spam is simple - we hate it, don't do it!

We understand that not all spam cases are your direct fault and can happen due to a customer you sell to. We will work with you to address your first spam issue, continued incidents will risk immediate account and environment suspension.

SPAMHAUS Listings

If you hold a ROKSO listing on SPAMHAUS, and try to enlist our services, we will forward directly to SPAMHAUS any and all details and data available from your transactions and server(s).

Access to Other Computers or Networks without Authorization

Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.

Other Activities viewed as Illegal or Harmful

Engaging in illegal activities or engaging in activities harmful to the operations of TOCICI or our customers, this includes running any services which launch, or become the target of, Denial of Service attacks.

Repeat3) infringement of copyrighted materials.

IRC

We generally permit IRC usage, unless its used for any sort of malicious activity. We ask that you please keep a quiet policy, as any service which receives continued Denial of Services attacks will be terminated.

Game Servers

Game servers, such as Minecraft, are allowed. Provided you are using a legally licensed copy, and that you use current/updated releases.

TOR Exit Nodes

TOR exit nodes are not directly prohibited. Although ultimately:

  1. You MUST acquire a /29 IPv4 netblock from us, and have the IPs SWIP'd into your name, before running an exit node.
  2. You MUST handle any and all abuse complaints from TOR activities.
  3. You are responsible for the content of network traffic exiting your VPS.
  4. You are responsible for unwanted attention your VPS generates, including attacks.
  5. DMCA and abuse/attack complaints will be forwarded to you. You must respond directly to the complaining party within 24 hours, CCing our support@tocici.com address.
  6. Any TOR configuration which prompts repeated receipt of abuse complaints must be discontinued within 24 hours.

Recurring abuse/attack incidents are grounds for immediate termination of services.

Providing False Data on any Contract or Application

Including fraudulent identification and/or financial information.

Account Cancellation or Suspension

Payment Chargebacks

If the payment processor indicates stopped-payment, chargeback, or otherwise cancels, suspends or reverses an already submitted payment. Your right to use the service will be immediately suspended, until all charges due to TOCICI are paid in full via guaranteed funds delivery:

  1. Services are subject to an additional $50 re-activation charge, which is due in full prior to service re-activation.
  2. We recommend delivery of funds via an overnight/express document carrier, COD deliveries will not be accepted; you are responsible for 100% pre-payment of all related costs.
  3. If payment is not received within 96 hours of service suspension, all stored data will be considered abandoned and services are then permanently terminated.
  4. You may not have access to data that you stored on the service after suspension or termination of the service. You are responsible for backing up your data that you use with the service.

Other Situations

You may terminate the service at any time by canceling your subscription payment, or through submission of a support ticket indicating such intent.

  1. As soon as you cancel the service, your right to use it stops immediately at the end of your current billing period.
  2. You may not have access to data that you stored on the service after suspension or termination of the service. You are responsible for backing up your data that you use with the service.
  3. Cancellation of the service by you will not alter your obligations to pay all charges due to TOCICI at the time of cancellation.

You or TOCICI may cancel or suspend your access to TOCICI services at any time and for any reason without notice.

  1. Upon cancellation or suspension by TOCICI, your right to use the service will stop immediately.
  2. You may not have access to data that you stored on the service after suspension or termination of the service. You are responsible for backing up your data that you use with the service.
  3. If we cancel your service in its entirety without cause, we will refund to you on a pro-rata basis the amount of your payment corresponding to the portion of your service remaining right before we terminated your service.
  4. If we cancel your service in its entirety with cause attributed towards SPAM or abuse violations, you may be eligible for re-activation:
    1. Restoration of services requires that we are compensated for the time invested into repairing the damage that your spam/abuse has caused our business.
      1. Payment of a reactivation fee, payable only via guaranteed funds delivery.
      2. Reactivation fee will be assessed on a case-by-case basis: charged at $125/hour in minimum 15 minute increments. You will be charged for all time invested.
        1. At our sole discretion, charges may be waived: you must be in contact with us regarding the first abuse complaint, and you must supply compelling proof that you are actively working to correct issues.
      3. If payment is not received within 14 days of service suspension, all stored data will be considered abandoned and services are then permanently terminated.
  5. If we cancel your service in its entirety with cause attributed towards DMCA violations, you may be eligible for re-activation:
    1. Only after completion of a federally-mandated 10 day waiting period, or after you pay a service restoration fee and detail exactly how to remove infringing materials.
      1. Restoration of services prior to the 10 day waiting period is subject to a $50 re-activation charge, which is due in full prior to service re-activation. You must also detail exactly how to remove infringing materials, prior to service restoration.
    2. If payment is not received within 14 days of service suspension, all stored data will be considered abandoned and services are then permanently terminated.

Contact Information

It is your responsibility to maintain accurate and complete contact information. Failing to maintain accurate and complete contact information can result in a termination of services.

The primary means of updating and maintaining contact and billing information are detailed below.

Unmanaged VPS Customers

We encourage you to update all VPS account-related information directly through your control panel interface. Be sure to add an alternate email address, phone number, and a security question/answer. If you lose access to your primary email account (e.g. the account used when sending payments) then we will not have information necessary to validate ownership of a VPS, if you had not already provided an alternate email address, a phone number, and/or a security question/answer.

If we cannot validate VPS ownership, we will be unable to fulfil any requests to manually revise a VPS's linked account(s).

Changing Email Address

All VPS access is linked with the same email address you used when sending payment, this means that if you use:

  1. PayPal: VPS login name and primary contact address equals the same email address you used when paying for your VPS on PayPal's site.
  2. Dwolla or BitCoin: VPS login name and primary contact address equals the same email address you used when you originally ordered your VPS4).

Colocation and/or Managed Services Customers

The top of the first page on your private documentation site includes contact and billing information. We encourage you to edit/update this as revisions are needed. Alternatively, reach out to your primary TOCICI contact, or our support team, if you would us to manually apply updates instead.

Charges and Billing

Subscription fees are billed and due in full on the first day that a respective service is made available and on the recurring anniversary of each payment (i.e. monthly, quarterly, biannually, annually, etc…) thereafter, unless and until your subscription is canceled.

You agree that TOCICI shall be permitted to charge your credit card, bank account, or online merchant account, on a monthly, quarterly, biannual, or annual basis in advance of providing its services or as needed for prepayments of your subscription fee, including any applicable sales taxes, and other charges you may incur in connection with your use of TOCICI services:

  • TOCICI is not responsible for any additional bank fees, interest charges, finance charges, overdraft charges, or other fees resulting from charges billed by TOCICI.
  • Currency exchange settlements will be based on agreements between you and the provider of your credit card.
  • The costs of any returns, if permitted, will be at your expense unless otherwise provided by applicable law.
  • We reserve the right to change our fees, but will notify you in advance of increases, and will not retroactively apply fee increases.
  • All charges are non-refundable, in whole or in part, unless expressly stated otherwise.
  • You are eligible for pro-rated credits of unused time in a billing cycle, upon completion of account upgrades. These credits will come in the form of a one-time discount on your upgraded environment's initial payment.

Account Refunds

In the event an account refund is due to you, you agree that refunds are only payable via the same method in which funds where received. This means that:

  1. Transmission of refund is defined as the point in time which TOCICI issues a payment instruction.
  2. If your original payment was received via PayPal or Dwolla, TOCICI will issue a payment instruction through that service's originating account.
  3. If your original payment was received via physical check or cash, TOCICI will issue a payment instruction through our bank, to your address/attention.
  4. If your original payment was received via Bitcoin (BTC) or other forms of alternative currency, a refund will be issued in that currency's USD exchange rate as calculated at the time of refund5). Refund will be issued to the originating address, unless TOCICI receives from you an explicitly designated alternate refund address no greater than seven (7) days before a payment instruction.

Money-Back Guarantee

All sales are final.

TOCICI LLC may provide a full refund within 14 days6) of a new order's initial receipt, if you have communicated with us via our support ticketing system, and provided us with a minimum 7 day opportunity to respond to and cure any failed promises described on our website. This means that all of the following conditions must be met:

  • Request is delivered; through creation of a support ticket by emailing support@tocici.com within 7 days7) since your order submission.
  • Request is substantiated; specific relevant link(s) to TOCICI content/sites are provided, illustrating where a failed promise was made.
  • Request is clear; includes an unambiguous expression of dissatisfaction.
  • Request is specific; includes descriptions illustrating what was not delivered as promised and/or described on our website.
  • Request is legitimate; if less than 10% of any monthly bandwidth, storage, and/or CPU quota had been consumed8).

Subscription Payments

It is your responsibility to ensure timely payment for services. With that said, many of our products include tools designed to help you establish automated payments; providing consistent predictability for your recurring payment responsibilities.

Bitcoins (BTC) and other alternative currencies

We accept payment via Bitcoin (BTC) and other alternative currencies.

For accounting, auditing, and legal purposes, value will always be tracked in US Dollars (USD).

A 10% discount is applied for payments received via Bitcoin.

Prior to the anniversary of your recurring payment9), you will receive an email reminding you that payment is due soon:

  1. From your VPS's Control Panel interface, you will be able to request a unique Bitcoin address where payment should be sent.
  2. Your payment exchange rate will then be locked-in for 24 hours, to prevent market price fluctuations from affecting the value of your payment.
  3. Your unique bitcoin payment address will be valid for a one-time payment and credit to your account.
  4. Once payment is received, and confirmed by the bitcoin network10), your account will be credited the value of your payment.
Bitcoin Exchange Rates

The current rate is:

Calculating The Exchange Rate

The only exchange with enough liquidity and tight spreads to pull real time rates is BTC/USD.

After discounting your VPS by 10%11), your price will be locked-in for 24 hours when you request your unique bitcoin payment address.

More about Bitcoin

For more information about Bitcoin, see:

Dwolla Bank Transfers

We accept safe and encrypted auto-payment through Dwolla.

PayPal

We accept safe and encrypted auto-payment through PayPal. We accept PayPal, PayPal e-checks and credit cards (Visa, Mastercard, Amex, Discover) all through PayPal. A PayPal account is not required in order to make a purchase. If you would like to pay via an alternative method (money order, check, etc.), please review those options below.

Late PayPal Payments

When a payment attempt fails, the following occurs:

  1. PayPal automatically sends you a notification that states your payment attempt has failed; typically because your PayPal funding source does not have sufficient funds.
  2. PayPal immediately notifies us, and you then also receive an automated notification from TOCICI as well.
  3. If you had setup a monthly payment subscription, your VPS is subject to immediate suspension.

Upon a second failed payment attempt fails (typically three days later), the following occurs:

  1. PayPal automatically sends you a notification that states your payment attempt has failed; typically because your PayPal funding source does not have sufficient funds.
  2. PayPal immediately notifies us, and you then also receive an automated notification from TOCICI as well.
  3. If you had setup a monthly or quarterly payment subscription, your VPS is subject to immediate suspension.

Credit Cards

Visa, Mastercard, Amex, and Discover are all accepted through our PayPal payment option. A PayPal account is not required in order to make a purchase; pease review details on PayPal's website.

Your VPS will be provisioned once payment has cleared your bank. All other details related to PayPal payments are covered in the PayPal section above.

eCheck

We are happy to accept eChecks through our PayPal payment option. A PayPal account is not required in order to make a purchase; review details on PayPal's website.

eChecks can take up to a week to clear through your bank, your VPS will be provisioned once payment has cleared your bank. All other details related to PayPal payments are covered in the PayPal section above.

Invoicing for Payments

We are happy to invoice you for any services, in minimum $100 or 6 month periods12).

Services will be provisioned once payment has cleared your bank.

At least 30 days prior to your payment anniversary, we will send you an invoice. Payment will be due upon your receipt of invoice, and if not paid within no greater than 30 calendar days all related services will be subject to immediate suspension.

Payment Anniversaries and Due Dates

In the event that we have not received all funds due on the anniversary of your recurring payment13), then your payment will be considered late.

Regardless of the payment source, the following rules apply to all late payments:

  • You will receive an automated email notification of late payment from TOCICI.
  • Monthly payments: your environment is subject to immediate suspension, if payment is not received prior to the end of your current pre-paid subscription.
  • Quarterly payments14): your environment will be immediately suspended, if we have not received full payment within 72 hours of your recurring payment anniversary.
  • Semi-annual payments15): your environment will be immediately suspended, if we have not received full payment within 144 hours of your recurring payment anniversary.
  • Annual16) payments: your environment will be immediately suspended, if we have not received full payment within 144 hours of your recurring payment anniversary.

Guaranteed Funds Delivery

This method of payment is only required in very specific abuse and fraud prevention circumstances. For details on exactly what those circumstances are, search this document.

Guaranteed Funds Delivery means that payment must be in the form of an irrevocable payment, which is typically either cash17), a bank-signed cashiers check18), or bitcoins19).

  • In general, this means that we cannot accept payment via personal or business checks, money orders, bank transfers, PayPal or credit cards; this is a fraud-prevention measure that has no exceptions.
  • We recommend delivery of funds via an overnight/express document carrier20), COD deliveries will not be accepted; you are responsible for 100% pre-payment of all related costs.
  • We will consider other reasonable payment proposals.

Payments should be sent to:

TOCICI LLC
25 NW 23rd PL, STE 6-345
Portland OR, 97210

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOCICI SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING FROM: (I) THE USE OR THE INABILITY TO USE TOCICI SERVICES; (II) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (III) ANY OTHER MATTER RELATING TO TOCICI SERVICES. EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF TOCICI SERVICES MUST BE FILED WITHIN SIX (6) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION ACCRUED OR BE FOREVER BARRED. IN ANY CASE, THE MAXIMUM AGGREGATE MONETARY LIABILITY OF TOCICI AND ANY OF ITS AGENTS, SUPPLIERS, EMPLOYEES, OR AFFILIATES IN CONNECTION WITH THE TOCICI SERVICES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL NOT EXCEED THE LESSER OF: (A) THE AMOUNT ACTUALLY PAID UNDER THIS AGREEMENT TO TOCICI BY CLAIMANT DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION ACCRUED; OR (B) THE SUM OF ONE HUNDRED (US$100.00) US DOLLARS.

Exclusions and Limitations

Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to this agreement.

Warranty Disclaimer

TOCICI specifically disclaims all warranties of merchantability and fitness for a particular purpose.

YOU AGREE THAT YOUR USE OF TOCICI SERVICES SHALL BE AT YOUR SOLE RISK. ALL SERVICES PROVIDED BY TOCICI ARE AVAILABLE AS IS WITHOUT WARRANTIES OR GUARANTEES APPLIED.

More details available at ftc.gov.

Indemnity

You agree to defend, indemnify and hold harmless TOCICI, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney and legal fees) arising from: (I) your use of and access to the TOCICI services; (II) your violation of any term of this Agreement; (III) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (IV) any claim that use of our services caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the TOCICI services.

NOTICE

You agree that TOCICI may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on TOCICI services.

Entire Agreement

The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute an agreement between you and TOCICI and govern your use of TOCICI services, superseding any prior agreements between you and TOCICI for the use of TOCICI services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain TOCICI services, affiliate services, third-party content or third-party software.

Choice of Law and Forum

The Terms of Service and the relationship between you and TOCICI shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions.

Waiver and Severability of Terms

The failure of TOCICI to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

Service Level Agreement

You are responsible for load-testing and profiling your application, to understand your specific requirements.

Network Availability Guarantee

TOCICI's network is guaranteed to be available and capable of forwarding IP packets 99.99% of the time, averaged over a calendar month. TOCICI's IP network includes the customer access port (the port on the TOCICI aggregation router upon which the customer's circuit terminates) and the TOCICI IP backbone network. The TOCICI IP backbone includes TOCICI owned and controlled routers and circuits, including any transit connections. TOCICI's Network Availability Guarantee does not include the customer's Local Area Network (LAN), local access circuit (e.g. local loop), scheduled and unscheduled maintenance events, Customer Premise Equipment (router or CPE), customer caused outages or disruptions, interconnections to or from and within other Internet Service Provider (ISP) networks, and force majeure21) events.

If the Network Availability Guarantee is not met in a calendar month, once a relevant support ticket has been opened the customer is eligible to receive a credit up to 1/30th of the monthly service charge (MRC) for that month for each full hour of outage after the ticket's initial opening timestamp and in excess of the 99.99% guaranteed under this SLA up to a maximum of one month's recurring charge. This credit must be requested within 30 days of its related incident.

Latency Guarantee

The TOCICI network (as defined in the previous section) is guaranteed to have an average round trip packet transit time within the TOCICI backbone network over a calendar month of 65ms or less. The average network latency is measured as the average of 5 minute samples taken throughout the month. The TOCICI Latency Guarantee does not include the customer's Local Area Network (LAN), local access circuit (e.g. local loop), scheduled and unscheduled maintenance events, Customer Premise Equipment (router or CPE), customer caused outages or disruptions, interconnections to or from and within other Internet Service Provider (ISP) networks, and force majeure22) events.

If the Latency Guarantee is not met in a calendar month, once a relevant support ticket has been opened the customer is eligible to receive a credit up to 1/30th of the monthly service charge (MRC) for that month for each full 1ms above the 65ms average maximum guaranteed under this SLA up to a maximum of one month's recurring charge. This credit must be requested within 30 days of its related incident.

Packet Loss Guarantee

The TOCICI network is guaranteed to have a maximum average packet loss of 1 percent or less during any calendar month.

If the Packet Loss Guarantee is not met in a calendar month, the customer is eligible to receive a credit up to 1/30th of the monthly service charge (MRC) for that month for each full 1 percent above 1 percent average packet loss under this SLA up to a maximum of one month's recurring charge. This credit must be requested within 30 days of its related incident.

Hosting Availability Guarantee

TOCICI's host servers, supporting guests for the BuildYourVPS product are guaranteed to be available 99.99% of the time, averaged over a calendar month. The TOCICI host servers includes TOCICI owned and controlled equipment. TOCICI's Hosting Availability Guarantee does not include scheduled and unscheduled maintenance events, customer caused outages or disruptions, interconnections to or from and within other Internet Service Provider (ISP) networks, and force majeure23) events.

If the Hosting Availability Guarantee is not met in a calendar month, once a relevant support ticket has been opened the customer is eligible to receive a credit up to 1/30th of the monthly service charge (MRC) for that month for each full hour of outage after the ticket's initial opening timestamp and in excess of the 99.99% guaranteed under this SLA up to a maximum of one month's recurring charge. This credit must be requested within 30 days of its related incident.

Support Guarantees

Scope of Standard Support

This is included for all hosted environments, and is primarily limited to functionalities within the Control Panel in addition to our hardware, power and network related issues:

  • Physical Infrastructure: data-processing/servers, electrical, networking, cooling, and physical security.
  • Equipment additions, upgrades, management, maintenance and EOL rotations.
  • Networking: BGP announcements, VLANs, VPNs, traffic management, QoS guarantees, bandwidth management, DDoS mitigation and NIDS/NIPS.
  • Control Panel: enhancing your experience through ongoing development and feature additions/improvements.
  • Responding to abuse issues.

The primary objective is to ensure a stable environment where you're able to access your environment, and where your environment can access the internet, at no additional support cost to you.

Self-Support Services

You encouraged to login to your environment, and with your full SSH-based root access, administer your environment as you desire. This includes installation, configuration, and management of your desired software packages at anytime.

Support that require engineers to login, SSH or Remote Desktop (Terminal Services) to client environments, that require modifications of clients hosted custom application, or necessities troubleshooting of client's code, are out of scope for self-managed/unmanaged enviroment support. For additional support beyond our technical support scope as explained above, clients must subscribe to either a ProFOSS plan or provide a completed letter of engagement and pre-pay for hourly support25).

Support Tickets

Open a support ticket via support@tocici.com for these topics:

  • Billing questions.
  • The hardware node, which is the server on which your environment is placed.
  • Configuration changes that are done on the hardware node.
  • Freeing up space if your environment's disk becomes 100% full (tell us what you need removed, be very specific).
Control Panel

Use your control panel interface to complete the following fully-automated tasks, at no cost to you:

  • Root password resets.
  • Reverse DNS configuration adjustments.
  • Immediate RAM, bandwidth, disk space, or CPU capacity upgrades.
  • Adding free IPv6 addresses.
  • Restarts, rebuilds, and OS changes within your hosted environment.

Managed Support

Work towards lowering your costs, prioritizing your support requests, and integrating a complete systems monitoring solution with a ProFOSS plan.

Some of the many benefits of our managed services includes priority support queue placement, guaranteed response times, proactive monitoring and support of services within your specific hosted environment, in-depth support of your enviroment's applications, and system patch schedules tailored to your organization's specific needs.

Incident Response Eligibility

Customers with service contracts receive incident response assistance for any network attack related incident in which our services play a significant role, regardless of whether there is an identified problem.

TOCICI reserves the right to determine the type and degree of assistance it may offer in connection with any incident and to withdraw from any incident at any time. TOCICI may offer incident response services free of charge, or you may be billed for time and materials rendered, depending upon the circumstances of an incident, and our pre-existing contractual relationship with you. TOCICI may give special consideration to security incidents that involve actual or potential threats to persons, property, or the Internet as well as requests from law enforcement agencies or formal incident response teams.

Contacting Law Enforcement

If you want to involve law enforcement regarding a network attack related incident, and you are within the United States, contact your local FBI field office. More information is available at the National Infrastructure Protection Center web site. If you are located outside of the United States, no single point of contact exists. Contact your local law enforcement agency and ask for assistance.

TOCICI cannot contact law enforcement on your behalf. Once you have made the initial contacts, TOCICI can work directly with law enforcement agencies.

Domain Registration Agreement

If you register or renew a domain with us, or associate a domain with your hosting account, or otherwise obtain domain services from or through us, you and your domain services will be subject to (i) the following domain policy, and (ii) the terms of the Domain Registration Agreement set forth below. See the Tucows Registration Agreement . Such agreement will apply to your domain services irrespective of whether your registrar is Tucows or another domain registrar, provided that in the event of any conflict between the Tucows domain registration agreement and that of your domain registrar, the terms of the agreement of your registrar will take precedence.

Domain Name Registrations and Renewals

  1. Upon a Customer's request, and subject to these terms and conditions, TOCICI will attempt to register a domain name, or renew the registration of an existing domain name, on behalf of the Customer with any domain name registrar that TOCICI, in its sole discretion, elects to employ for such registration or renewal (the “Chosen Registrar”). TOCICI reserves the right to refuse any request for registration or renewal of a domain name.
  2. When registering a new domain name, or if your domain name is already registered with TOCICI's domain registrar, we will attempt to enroll your domain in our Automated Domain Renewal Service. Through this service, TOCICI will attempt to automatically initiate the renewal of any domain name you register through TOCICI. The renewal will be initiated 15 days before a domain's expiration date. Of course, you can opt out of the Automated Domain Renewal Service at any time through Domain Central. While participating in the Automated Domain Renewal Service, you agree to be bound by the policies associated with this service. In the event of conflict between those policies and rules and this Agreement, this Agreement will control.
  3. The registration or renewal of any domain name by TOCICI on behalf of a Customer is subject to, and contingent upon, (i) the Customer providing all information needed to complete such registration, (ii) the availability of the domain name, (iii) the domain name not being in violation of any applicable law, rule, statute or regulation, (iv) the domain name not being in violation of any policy of the Chosen Registrar, (v) any fees or costs for such domain name registration being paid in advance by the Customer and (vi) the Customer's continued compliance with any and all TOCICI Terms of Service and the AUP.
  4. Once a domain name has been registered or renewed through TOCICI, no refunds will be given for the domain registration or renewal fee.
  5. The Customer has full ownership rights over any domain name registered or renewed through TOCICI, where the domain registration fees have been paid in full by the Customer. In the event of fraud or failure to pay fees, TOCICI will retain possession of the domain name. In addition, if we receive a credit card charge-back for a domain registered with us, TOCICI will take ownership of the domain name(s) registered.
  6. TOCICI is not responsible for maintaining the registrant information for domain names. The domain owner can modify all this information using our control panel, by contacting our Support Team or contacting the Chosen Registrar. The Customer agrees to continually update all information required by the Chosen Registrar. Updating your information with TOCICI does not automatically update it with the Chosen Registrar.
  7. TOCICI is not responsible for any domain name's availability. The Customer waives any and all claims against TOCICI for, and hereby releases TOCICI from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name.
  8. The Customer acknowledges and understands that any and all domain name registrations and renewals are subject to the terms, conditions, rules, regulations, applicable law and policies of ICANN (Internet Corporation for Assigned Names and Numbers). In addition, any and all domain name registrations and renewals are subject to the terms and conditions of the Chosen Registrar, which can be found on the Web Site of such Chosen Registrar. Upon request, TOCICI will provide the Customer with the name of the Chosen Registrar.
  9. The Customer understands and accepts that a request for a domain name registration or renewal is no guarantee that the Customer will receive the domain name that has been requested. The Customer understands, accepts and appreciates the risks associated with circumstances and vulnerabilities generally affecting the Internet and e-commerce in general. The Customer waives any and all claims it may have against TOCICI for, and hereby releases TOCICI from, any loss, damage, liability, cost or expense arising out of, or relating to, the registration or release of a domain name in such circumstances.
  10. TOCICI is not liable for domain disputes that may arise over changed registrant information for a domain name.
  11. TOCICI is not responsible for resolving any domain disputes. These issues must be resolved by the parties involved, according to the legal bounds of ICANN, the domain name governing body. TOCICI will not act as an arbitrator, but will honor any ICANN decisions.

More about Domain Renewals

  1. If we are unable to secure payment before the domain renewal date, the domain name will expire.
  2. Ten (10) days after a domain renewal date, a domain name may be released by the Registrar and made available to the general public for re-registration.
  3. After a domain has expired, we will, upon a Customer's request, put in a request with our Registrar to renew and reactivate the domain name if all registration fees are paid (including any extra fees required to pull a domain name out of its redemption period). This process is normally complete within four (4) days.
  4. If we receive a dispute of payment, a chargeback or a request for a refund from your credit card TOCICI for a renewed domain name, TOCICI will take over the ownership of the domain name in question.
  5. The Customer agrees that any and all information provided in connection with any domain renewal request shall be true and correct in all respects. In connection with any such request, TOCICI assumes responsibility only for processing such renewal request with the Chosen Registrar. TOCICI disclaims any and all responsibility to verify any information provided in connection with the request and shall have no responsibility or liability for any loss, delay, inconvenience, interruption in service, service error or loss of data.
  6. TOCICI bears no responsibility or obligation to notify Customer of any approaching domain name expiration dates. The Customer agrees to bear complete responsibility for such deadlines.

Transferring a Domain to TOCICI

  1. If a Customer requests a domain name registration or renewal that requires a transfer from one registrar or reseller to another, the Customer is solely and completely responsible for compliance with any registrar or reseller terms, conditions, procedures and/or policies in connection with the request. TOCICI shall have no liability or responsibility resulting from a delay, inconvenience or expiration of a domain name as a consequence of the Customer's failure to comply with such terms, conditions, procedures and/or policies.
  2. While TOCICI will assist you in any way reasonable, we are not responsible for ensuring your domain name is transferred to our servers. During the domain transfer process, Customer is responsible for making any necessary domain name server changes and ensuring the transfer is implemented correctly.

LIMITATION OF LIABILITY

You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Domain Registration Agreement and any breach of this Domain Registration Agreement is solely limited to the amount you paid for the initial registration of your domain name. Tucows and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

Anti-Spam Policy

TOCICI (“TOCICI”) maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).

It is your obligation to ensure that e-mail sent by you, or on your behalf, does not violate this law. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. To avoid action under our AUP, familiarize yourself with the CAN-SPAM Act by following this link: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm

  1. You may not use any of our services or network to send SPAM. In addition, e-mail sent, or caused to be sent, to or through our network or services may not:
  2. Use or contain invalid or forged headers
  3. Use or contain invalid or non-existent domain names
  4. Employ any technique to otherwise misrepresent, hide or obscure any information in identifying the point of origin or the transmission path
  5. Use other means of deceptive addressing
  6. Use a third party's Internet domain name, or be relayed from or through a third party's equipment, without permission of the third party
  7. Contain false or misleading information in the subject line or otherwise contain false or misleading content
  8. Fail to comply with additional technical standards described below
  9. Otherwise violate TOCICI's User Agreement, AUP and other Terms of Service
  10. TOCICI does not authorize the harvesting, mining or collection of e-mail addresses or other information from or through its network. TOCICI does not permit or authorize others to use its network or services to collect, compile or obtain any information about its Users or subscribers, including but not limited to subscriber e-mail addresses, which are TOCICI's confidential and proprietary information. Use of our network or services is also subject to our User Agreement, AUP and other Terms of Service.
  11. TOCICI does not permit or authorize any attempt to use its network or services in a manner that could damage, disable, overburden or impair any aspect of any of our services, or that could interfere with any other party's use and enjoyment of any TOCICI product or service.
  12. We monitor for SPAM all traffic to and from our servers. Customers suspected of using TOCICI's products and services for the purpose of sending SPAM will be investigated. We assume SPAM complaints are valid unless we are provided with credible information to the contrary. It is TOCICI's policy to immediately suspend, terminate and/or cancel any offending Web site or account sending SPAM.
  13. Users may be asked to produce records that verify that explicit affirmative permission was obtained from a recipient before a mailing was sent. TOCICI may consider the lack of such proof of explicit affirmative permission of a questionable mailing.
  14. Users are prohibited from maintaining open mail relays on their servers. Ignorance of the presence or operation of an open mail relay is not and will not be considered an acceptable excuse for its (the open mail relay) operation.
  15. Users are prohibited from providing services for Web sites that have been included in SPAM, including, but not limited to hosting Web site(s), or providing DNS services or Web site redirect services.
  16. It is a violation of this Policy to commission a third party to send e-mail that is in violation of this policy or of applicable law, even if that third-party does not use TOCICI systems, networks or resources. E-mail not in compliance with this policy - regardless of source - which contains any reference to a Web site hosted by us or contains any reference or link to a network or system of TOCICI is prohibited.
  17. If TOCICI believes that unauthorized or improper use is being made of our network, or any product or service, it may, without notice, take such action as it, in its sole discretion, deems appropriate, including blocking messages from a particular internet domain, mail server or IP address. TOCICI may immediately suspend, terminate and/or cancel any account on any product or service which it determines, in its sole discretion, is transmitting or is otherwise connected with any e-mail that violates this policy.
  18. TOCICI reserves the right to suspend, terminate and/or cancel permanently any and all services provided to a User without any notification. In addition to any and all other rights hereunder or otherwise, if a Customer is in violation of any term or condition of this SPAM Policy, the Acceptable Use Policy, User Agreement or uses of our services to disrupt or, in TOCICI's sole judgment, which could disrupt TOCICI's business operations, TOCICI reserves the right to charge such Customer an administrative fee equal to $100.00 per each piece of SPAM sent.
  19. To report an incidence of SPAM, send an e-mail to abuse@tocici.com.
  20. Nothing in this policy is intended to grant any right to transmit or send e-mail to, or through, our network or services. Failure to enforce this policy in every instance does not amount to a waiver of TOCICI's rights.
  21. TOCICI maintains computer equipment in several states, and unauthorized use of our network will lead to use of equipment in such states. Unauthorized use of our network in connection with the transmission of unsolicited e-mail, including the transmission of e-mail in violation of this policy, may result in civil and criminal penalties against the sender and those assisting the sender, including those provided by the Computer Fraud and Abuse Act (18 U.S.C. §1030, et seq.) and other state and federal laws.

Privacy Policy

Your privacy is very important to us at TOCICI. We want to make your experience using our services as enjoyable and rewarding as possible, and we want you to use the Internet's vast array of information, tools and opportunities with complete confidence.

We have created this Privacy Policy to demonstrate our firm commitment to privacy and security. This Privacy Policy describes how TOCICI collects information from all end users of TOCICI's Internet services (the “Services”) - those who access some of our Services but do not have accounts (“Visitors”) as well as those who pay a service fee to subscribe to the Service (“Users”) - what we do with the information we collect, and the choices Visitors and Users have concerning the collection and use of such information. TOCICI requests that you read this Privacy Policy carefully.

Introduction

TOCICI collects information in different ways from Visitors and Users who access the various parts of our Services and the network of Web sites accessible through our Services. We use this information primarily to provide a customized experience as You use our Services and, generally, do not share this information with third parties. However, we may disclose personal information collected if we have received your permission beforehand or in very special circumstances, such as when we believe that such disclosure is required or permitted by law or other special cases described below.

Registration and Account Information

Users are asked to provide certain personal information when they sign up for our Services including name, address, telephone number, billing information (such as a credit card number), and the type of personal computer being used to access the Services. In addition, Users are asked to complete an online form that collects information about demographics, product usage and preferences, along with other information that will help us improve our products and services. The personal information collected from Users through these forms is used to manage each User's account (such as for billing purposes) and provide Users with information about services that may be of interest to them. This information is not shared with third parties, unless specifically stated otherwise or in special circumstances. However, in instances where TOCICI and a partner jointly promote the Services, TOCICI may provide the partner certain personal information, such as the name, address, and username of persons who subscribed to the Services as a result of the joint promotion for the sole purpose of allowing us and the partner to assess the results of the promotion. In this instance, personal information may not be used by the partner for any other purpose. TOCICI may also generate non-identifying and aggregate profiles from personal information Users provide during registration (such as the total number, but not the names, of Users). As explained in more detail below, we may in certain instances use this aggregated and non-identifying information to sell advertisements that appear on the Services.

Domain Registration

Domain name registration information legally has to be available to the public. Since domain name registration information is available to the public, anyone can access it through “WHOIS” searches. The WHOIS database is a publicly accessible database that lists the domain name and contact information of each registrant. The domain name registration you provide is hosted by us to the public. At times, our Users may receive solicitations that result from searches of the publicly available WHOIS database conducted by other companies or individuals. However, the solicitation and/or SPAM they receive does not in any way come from TOCICI.

TOCICI Partners and Sponsors

Some products and services are offered to Visitors and Users in conjunction with a partner (e.g., domain registration). To provide Visitors and Users with some of these products and services, the partner may need to collect and maintain personal information. In these instances, we will provide such data collected or transferred to our Partners and Sponsors. Additionally, many TOCICI Users have co-branded pages that are co-sponsored by non-affiliated partners. TOCICI will share non-identifying and aggregate information (except as described above), but not personal information, with such partners in order to administer the co-branded products or services offered.

Online Shopping

At some Web sites that you access through links on TOCICI, you can purchase products and services or register to receive materials, such as a catalog or new product updates. In many cases, you may be asked to provide contact information, such as your name, address, e-mail address, phone number, and credit/debit card information. If you complete an order for a Web site or service that is not provided by TOCICI, TOCICI has no control over the third parties' use of any personal information you provide when placing such an order; exercise care when doing so. If you order products directly from TOCICI, we will use the personal information you provide only to process that order. We do not share this information with outside parties except to the extent necessary to complete that order.

Online Advertisements

TOCICI does not share personal information about its Visitors or Users with advertisers. TOCICI may display online advertisements and may share aggregated and non-identifying information about our Visitors and Users collected through the registration process, as well as through online surveys and promotions with these advertisers. Additionally, in some instances, we use this aggregated and non-identifying information to deliver tailored advertisements. For instance, an advertiser tells us the audience they want to reach (for example, males between 25 and 55 years of age) and provides us an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience.

Responses to E-mail Inquiries

When Visitors or Users send e-mail inquiries to TOCICI, the return e-mail address is used to answer the e-mail inquiry we receive. TOCICI does not use the return e-mail address for any other purpose and does not share the return e-mail address with any third party.

Voluntary Customer Surveys

We may periodically conduct both business and individual customer surveys. We encourage our Users to participate in these surveys because they provide us with important information that helps us to improve the types of services we offer and how we provide them to you. Your personal information and responses will remain strictly confidential, even if the survey is conducted by a third party. Participation in our customer surveys is voluntary. We take the information we receive from individuals responding to our Customer Surveys and combine (or aggregate) it with the responses of other TOCICI Users to create broader, generic responses to the survey questions (such as gender, age, residence, hobbies, education, employment, industry sector, or other demographic information). We then use the aggregated information to improve the quality of our services to you, and to develop new services and products. This aggregated, non-personally identifying information may be shared with third parties. Unless otherwise noted in the survey invitation or the survey itself, Users have the option of completing surveys anonymously or providing us with contact information. We may use the contact information to follow up with Users based on the answers they provide. We may also contact you to highlight the changes we have made in response to feedback.

Special Cases

It is TOCICI's policy not to use or share the personal information about Visitors of Users in ways unrelated to the ones described above without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, TOCICI may disclose personal information about Visitors or Users, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: to satisfy laws, such as the Electronic Communications Privacy Act, regulations, or governmental or legal requests for such information; to disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies; to operate the Services properly; or to protect TOCICI and our Users.

"Cookies" and How TOCICI Uses Them

A “cookie” is a small data file that can be placed on your hard drive when you visit certain Web sites. TOCICI may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks.. These cookies do not enable third parties to access any of your User information. Additionally, be aware that if you visit non-TOCICI Web sites where you are prompted to log in or that are customizable, you may be required to accept cookies. Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them. In addition, TOCICI utilizes cookies to track referrals from internal and external affiliates, as well as advertising campaigns.

TOCICI.com Statistics

We use information gathered from our site statistics (for example, User IP addresses) to help diagnose problems with our servers, and to administer our Web site. We also gather broad demographic information from this data to help us improve our site and make your browsing and purchasing experience more enjoyable. This is not linked to any personally identifiable information, except as necessary to prevent fraud or abuse on our system.

TOCICI's Commitment to Children's Privacy

Protecting children's privacy is especially important to us. It is our policy to comply with the Children's Online Privacy Protection Act of 1998 and all other applicable laws. While we make every effort to ensure that our web sites are fun and age-appropriate for our younger audience, we believe that there is no substitute for proper parental supervision. TOCICI recommends that children ask a parent for permission before sending personal information to TOCICI, or to anyone online.

Security

All data collected at TOCICI is done so with the use of secure servers. The secure server software (SSL) encrypts all payment information you input before it is sent to us. In fact, for your further protection, our Support Agents can not view or access full, usable information about credit card. Furthermore, we take all foreseeable measures to protect the data we collect against unauthorized access.

Public Forums

Any information you may disclose in our user directory, spotlights/case studies, testimonials, forums, or other public areas of our web sites or the internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.

TOCICI's Commitment to Data Security

Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personally identifiable information, you acknowledge that: (a) there are security and privacy limitations of the Internet which are beyond our control; (b) the security, integrity and privacy of any and all information and data exchanged between you and us through this site cannot be guaranteed; and © any such information and data may be viewed or tampered with in transit by a third party, despite our best efforts.

Unless stated otherwise herein, data stored on our systems via retired or otherwise terminated, suspended, or discontinued services shall be retained for a minimum of 24 hours, TOCICI makes no data retention guarantees after this point.

How to Access or Modify Your Information

To ensure you receive the information you need to manage your account and protect your privacy, you are responsible for keeping your contact and billing information up to date. You can update all VPS account-related information directly through your control panel. Alternatively, you can email TOCICI Support via support@tocici.com.

Where to Direct Questions About TOCICI's Privacy Policy

If you have any questions about this Privacy Policy or the practices described herein, you may contact:

TOCICI LLC
Legal Affairs
25 NW 23rd PL, STE 6-345
Portland OR, 97210

Exceptions

Except as stated otherwise in our agreements and policies, we will never give out your information without your permission. As noted above, we may be required to share certain information if one of our partners requires it, but these situations are rare and we will always ask for your explicit permission first. We reserve the right to give out such information without explicit permission in the following circumstances:

  1. As and to the extent required or permitted by law, or where we believe in good-faith that it is reasonably necessary to comply with subpoenas, court orders, other legal process, or requests of governmental authorities;
  2. When intended to report, prevent or assist in the investigation of suspected fraud or other illegal activities, or otherwise to take actions in connection with such activities;
  3. To enforce our Terms of Service or otherwise establish or exercise our legal rights or defense against legal claims; or
  4. Otherwise as provided for in the User Agreement, AUP or this Privacy Policy.
  5. Choice/Opt-Out:
    1. When you become a User of TOCICI, You are automatically subscribed to receive notices about your account, e-mail newsletters and news of special promotions offered through TOCICI and/or in conjunction with partners. To unsubscribe from TOCICI newsletters and promotional mailings, update your preferences with our subscription settings tool or e-mail your request to support@tocici.com. If you would like to cancel a TOCICI membership completely, e-mail your request to support@tocici.com.
    2. TOCICI reserves the right to send e-mail communications relating directly to their accounts to all active members.

Revisions to This Policy

TOCICI reserves the right to revise, amend, or modify this policy, and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the Terms of Service.

Domain Name Dispute & Copyright Claims Policy

TOCICI (“TOCICI”) supports the protection of intellectual property. Therefore, we have established the following policies regarding copyright infringement claims.

Refer to the Uniform Domain Name Dispute Resolution Policy (the “UDRP”) if you have a concern or dispute concerning a domain name. The UDRP covers domain names disputes; this Policy specifically excludes domain name disputes.

  1. To notify TOCICI that there has been a copyright or trademark violation, you must follow the specific instructions below for filing a copyright complaint.
  2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy below.

Pursuant to Title 17, United States Code, Section 512©(2), all notifications of claimed copyright infringement on the TOCICI (“TOCICI”) system or Web site should be sent ONLY to our Designated Agent.

NOTE: the following information is provided solely for notifying TOCICI that your copyrighted material may have been infringed.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT.

Written notification must be submitted to the following Designated Agent:

TOCICI LLC
Legal Affairs
25 NW 23rd PL, STE 6-345
Portland OR, 97210

IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA ELECTRONIC MEANS YOU MUST DELIVER A DUPLICATE COPY VIA PAPER. DUE TO THE VAGARIES OF THE INTERNET, INCLUDING WITHOUT LIMITATION THE BURDENS AND UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER), WILL HELP ENSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.

Under Title 17, United States Code, Section 512©(3)(A), the Notification of Claimed Infringement must include ALL of the following:

  1. Physical or electronic signature of a person authorized to act on behalf of the copyright owner (i.e., merging a scanned handwritten signature into the electronic text or using public-key encryption technology).
  2. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
  3. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable the online service provider to locate the material (usually a URL to the relevant page).
  4. Information reasonably sufficient to allow the online service provider to contact the complaining party (address, phone number, e-mail address).
  5. Statement that the complaining party has “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
  6. Statement that the information in the notice is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner.

Upon receipt of notification of a claimed infringement, TOCICI will respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, regardless of whether the material or activity is ultimately determined to be infringing; if selective action is not possible, TOCICI will suspend or cancel the alleged infringer's Internet access.

TOCICI will also take reasonable steps to promptly notify the alleged infringer in writing or by e-mail of the claim against him or her, and that it has removed or disabled access to the material or suspend or cancel Internet access (see Sections 512©(1)(C) and (g) of the DMCA).

COUNTER NOTIFICATION

Upon receipt of notice from TOCICI that a claim of infringement has been made and/or that the material has been removed or that access to it has been disabled, the Subscriber may provide a Counter Notification.

To be effective, a Counter Notification must meet ALL of the following requirements:

  1. It must be a written communication;
  2. It must be sent to the Service Provider's Designated Agent;
  3. It must include the following:
  4. A physical or electronic signature of the Subscriber;
  5. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  6. A statement, under penalty of perjury, that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  7. The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber's address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a Counter Notification from the User containing the information as outlined above, TOCICI will:

  1. Promptly provide the Complaining Party with a copy of the Counter Notification;
  2. Inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days following receipt of the Counter Notice;
  3. Replace the removed material or cease disabling access to the material in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notice, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.

CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Civil Subpoena Policy

TOCICI's Privacy Policy prohibits the release of User or account information except in limited circumstances, including with express permission from the User, as and when required or permitted by law, to conform to the edicts of the law, or to comply with legal process properly served on TOCICI or one of its affiliates.

If you seek the identity or account information of a TOCICI User in connection with a civil legal matter, you must fax, mail, or serve TOCICI with a valid subpoena.

Submission of Subpoenas

TOCICI is located in Portland, Oregon and all subpoenas should be served at that location or mailed to:

TOCICI LLC
Legal Affairs
25 NW 23rd PL, STE 6-345
Portland OR, 97210

IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA ELECTRONIC MEANS YOU MUST DELIVER A DUPLICATE COPY VIA PAPER. DUE TO THE VAGARIES OF THE INTERNET, INCLUDING WITHOUT LIMITATION THE BURDENS AND UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER), WILL HELP ENSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.

Upon the receipt of a validly issued civil subpoena, TOCICI will promptly notify the User whose information is sought via e-mail or U.S. mail. If the circumstances do not amount to an emergency, TOCICI will not immediately produce the User's information sought by the civil subpoena and will provide the User an opportunity to move to quash the civil subpoena in court.

Fees for Subpoena Compliance

TOCICI will charge the person or entity submitting a subpoena for costs associated with subpoena compliance. Payment must be made prior to release of subpoenaed data, via bank-signed checks made payable to TOCICI LLC and delivered to the Legal Affairs address mentioned above.

TOCICI's subpoena compliance costs are as follows:

Research $200.00/hour
Federal Express Cost as Billed plus $50 for handling
Paper Copies $1 per page
Compact Disk $50.00 per 700MB CD-R, $200 per 4.7GB DVD-R
Data Transfer $5.00/per GB to transfer

Policies Regarding E-mail

TOCICI will not produce the content of e-mail, as the Electronic Communications Privacy Act, 18 U.S.C. § 2701 et seq., prohibits an electronic communications service provider from producing the contents of electronic communications, even pursuant to subpoena or court order, except in limited circumstances. TOCICI's e-mail servers do not retain deleted or sent e-mail. However, deleted e-mail may be recoverable from back-up servers for a limited time.

TOCICI reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how a hosted e-mail account/address is related to the pending litigation and the underlying subpoena.

Digital Millennium Copyright Act

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512©(2), all notifications of claimed copyright infringement on the TOCICI, LLC. (“TOCICI”) system or web site should be sent ONLY to our Designated Agent by either regular mail, or via our online DMCA Complaint Form. When we receive a clear and valid notice pursuant to the guidelines set forth below, we will respond by either taking down the allegedly infringing material or blocking access to it. We may contact the notice provider to request additional information. We reserve the right to ignore a notice or counter notice that is not in compliance with the DMCA, as set forth below.

NOTICE: The Following Information is provided solely for notifying TOCICI that your copyrighted material may have been infringed. DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OF E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE.

WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

Written notification must be submitted to the following Designated Agent:

TOCICI LLC
Legal Affairs
25 NW 23rd PL, STE 6-345
Portland OR, 97210

Alternatively, you can use our DMCA Complaint Form to submit an online DMCA notice to our Designated Agent by visiting http://abuse.tocici.com/dmca

IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA ELECTRONIC MEANS YOU MUST DELIVER A DUPLICATE COPY VIA PAPER. DUE TO THE VAGARIES OF THE INTERNET, INCLUDING WITHOUT LIMITATION THE BURDENS AND UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER), WILL HELP ENSURE THAT YOUR NOTICE WILL BE RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.

Under Title 17, United States Code, Section 512©(3)(A), the Notification of Claimed Infringement must include ALL of the following:

  1. It must be a written communication;
  2. It must be sent to the TOCICI's Designated Agent, by either physical mail, or via our online DMCA Complaint Form at http://abuse.tocici.com/dmca;
  3. Identification of the copyrighted work claimed to have been infringed or a representative list if multiple works are involved.
  4. Identification of the material that is claimed to be infringing that should be removed or access to disabled and information reasonably sufficient to enable TOCICI to locate the material (usually a specific complete URL to the allegedly infringing material).
  5. Information reasonably sufficient to enable TOCICI to contact the complaining party (physical and e-mail addresses).
  6. Statement that the complaining party has “a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.”
  7. The following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
  8. Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receipt of a clear and valid Notification of Claimed Infringement pursuant to the guidelines set forth above, TOCICI will:

  1. Respond expeditiously to remove, or disable access to, the material that is claimed to be infringing or to be the subject of infringing activity, regardless of whether the material or activity is ultimately determined to be infringing; if selective action is not possible, TOCICI will suspend and/or terminate the alleged infringer's Internet access.
  2. Take reasonable steps to promptly provide the Subscriber with a copy of the Complaining Party's Notification, and issue notice to Subscriber that TOCICI has removed or disabled access to the material (see Sections 512©(1)(C) and (g) of the DMCA).

Upon receipt of a notice from TOCICI that a claim of infringement has been made and/or that the material has been removed or that access to it has been disabled, the Subscriber may provide a clear and valid Counter Notification for the allegedly infringing material to be restored.

To be effective, a clear and valid Counter Notification must meet ALL of the following requirements:

  1. It must be a written communication;
  2. It must be sent to TOCICI's Designated Agent, by either physical mail, or via our online DMCA Counter Notification Form26);
  3. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  4. The Subscriber's name, address, telephone number and email address (if available);
  5. A statement that you consent to the jurisdiction of the U.S. Federal District Court for the judicial district in which Subscriber's address is located (or Portland, Oregon if Subscriber's address is outside of the United States);
  6. A statement that Subscriber will accept service of process from the person (or an agent of such person) who provided the DMCA Notice to TOCICI;
  7. The following statement: “I swear under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”;
  8. Physical or electronic signature of a person authorized to act on behalf of the Subscriber.

Upon receipt of a Counter Notification from the Subscriber containing the information pursuant to the guidelines set forth above, TOCICI will:

  • Promptly provide the Complaining Party with a copy of the Counter Notification
  • Inform the Complaining Party that it will reinstate the allegedly infringing material, unless the Complaining Party party obtains a court order to restrain Subscriber from engaging in infringing activity relating to the material on TOCICI's network or systems.

We reserve the right to ignore a Notice or Counter Notice that is not in compliance with the DMCA.

CAUTION: Pursuant to Title 17, Section 512(f) of the United States Code, any person who knowingly materially misrepresents that material or activity is infringing, or that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by TOCICI, who is injured by such misrepresentation, as the result of TOCICI relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Referral Program

How It Works

  1. Your referral signs up for a TOCICI Plan.
  2. During signup, your referral must indicate the domain, company or username of your account, by either entering it in the “Referred By” field, using a customized “Discount Code”, or mentioning it to an employee of TOCICI.
  3. For each new referred account, we will credit your account 20% of all collected and retained revenues, for a period of one year.

Eligibility

  • This offer applies to anyone over the age of 18.
  • Referral payments will only be issued if details are communicated at the time of sale.
  • Credits will be applied 30 days after each completed payment.
  • This offer not valid where prohibited by law, or in any jurisdiction whose laws materially affect the terms of this offer.

Program Terms

  • Referral credits must be for new accounts.
  • Payments will not be offered retroactively.
  • TOCICI reserves the right to revoke eligibility, due to Terms of Service and/or other contract or Acceptable Use violations, for fraud, refunds, cancellations, charge-backs, or a substantial change in business circumstances.
  • Details of the program are subject to change without notice.

Credit Limits

  • What limit? You're bringing us valuable paying customers! There is no limit to the number of referral payments that can be rewarded for individual referrals.

Definitions

Force Majeure

TOCICI shall not be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, earthquake, strike or other labor disturbance, breakdown or damage to machinery, equipment or software, malfunctioning of hardware or software, corruption of data, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Services. In the event of such a Force Majeure, the party shall send the other party prompt written or emailed notice within two (2) days27) of the Force Majeure. If any such event continues for a continuous period of greater than three (3) days28), client may terminate services, and is then eligible for a full refund totaling not more than the most recent month of service.

More specially, in the context of risk mitigation, and force majeure:

  • All data is stored on redundant data storage arrays. In this context force majeure means: if both primary and secondary/redundant data storage arrays have failed for reasons beyond our control.
  • All electrical services are hosted from facilities providing redundant power feeds, as well as redundant power through chemical and/or mechanical means29). In this context force majeure means: if primary, secondary, and tertiary electrical supply sources have all failed.
  • All services are hosted from facilities with multiple upstream internet connections. In this context force majeure means: if all upstream connections are inaccessible for reasons beyond our control.

Nodes & Environments

A “node” is any physical or virtual server environment.

1) also known as bitcoin block creation
2) At your request, we can and will attempt to review the validity of any received DMCA requests. In the event we discover data for which you cannot provide proof of legal rights to, existence of the data will be construed as abusive violations of the Terms of Service, and fees will be assessed as detailed at Account Cancellation of Suspension.
3) Mere accusations, even repeated, do not turn a user/subscriber into a repeat infringer who must be terminated. A user/subscriber will turn into a “repeat infringer”, upon a court finding, on multiple occasions, of infringement.
4) exception: if you've requested an address change since the initial setup, and if 72 hours has passed since a validated request to change your primary contact address, then your new primary address would be in full effect
5) will be based upon the USD value of your refund
6) 336 hours
7) 168 hours
8) as measured by TOCICI and accessible by you via the Control Panel interface: this is an abuse prevention provision, and there are no exceptions
9) , 13) i.e. monthly, quarterly, yearly, etc
10) a minimum of 4 confirmations are required; typically taking 30-60 minutes
11) Elimination of fraudulent chargebacks means we pass the savings onto you!
12) whichever amount is higher
14) i.e. every three (3) months
15) i.e. every six (6) months
16) yearly
17) in US dollars
18) immediately payable in full with United States dollars
19) USD/BTC exchange rate will be based upon the 24-hour weighted average published at www.bitcoincharts.com. Contact us for a unique payment address and for a locked-in exchange rate.
20) USPS Express Mail has previously delivered mail shipped from Pittsburgh, PA at 3pm on a Friday, by noon the next day (Saturday)…so that's a fast and trackable method we suggest you use.
21) , 22) , 23) see definition: Force Majeure
24) subject to pre-existing and mutually-signed ProFOSS support agreement. Self-managed plans include best-effort support response times.
25) Engineers reserve the right to provide additional support on a per case basis. We provide no guarantees that issues beyond the Scope of Standard Support will be resolved for clients subscribing to management plans or additional support hours. We will not be able to provide additional support if environments and/or contained data are inaccessible, or if a support issue is beyond the capability of our Senior Engineers.
26) a unique link is provided within each notification of claimed infringement
27) 48 hours
28) 72 hours
29) for instance: battery/chemical based uninterruptible power supplies, mechanical flywheels, and/or gas, diesel, or otherwise heat-engine powered generators