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.
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.
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, 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.
Our services exist to support and enable legitimate business quality services. Uploading or seeding data in a peer2peer network, for more than 24 hours within a 30 day period, will be permitted only if you are on a “CIR” bandwidth plan. You must of-course have the legal rights to distribute this data.
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.
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.
Engaging in illegal activities or engaging in activities harmful to the operations of TOCICI or the customer.
Including fraudulent identification and/or use of fraudulent credit card numbers.
TOCICI may cancel or suspend your access to TOCICI services at any time and for any reason without notice. Upon cancellation or suspension, your right to use the service will stop immediately. You may not have access to data that you stored on the service after we suspend or terminate the service. You are responsible for backing up your data that you use with the service. 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.
You may terminate the service at any time by following the instructions in the Client Area. As soon as you cancel the service, your right to use it stops immediately. You may not have access to data that you stored on the service after you terminate the service. You are responsible for backing up your data that you use with the service. Cancellation of the service by you will not alter your obligations to pay all charges due to TOCICI at the time of cancellation.
You agree that TOCICI shall be permitted to charge your credit card on a monthly, quarterly, biannual, or annual basis in advance of providing its services or as needed for prepayments, for your subscription fee, any applicable sales taxes, and any other charges you may incur in connection with your use of TOCICI services. The subscription fee is billed in full on the first day the respective service is made available and monthly (or biannually, or annually) thereafter, unless and until you cancel your subscription.
TOCICI is not responsible for any additional bank fees, interest charges, finance charges, over draft 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. In addition, we do not give pro-rated refunds for unused time if cancellation is initiated during the middle of a billing cycle. 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 unless expressly stated otherwise, or otherwise provided by applicable law. The costs of any returns if permitted will be at your expense, unless otherwise provided by applicable law.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TOCICI SHALL NOT BE LIABLE TO YOU FOR ANY 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. YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE MONETARY LIABILTY 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 THREE TIMES ONE MONTHS RECURRING FEE FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM AS OF THE TIME OF THE OCCURRENCE OF THE EVENTS GIVING RISE TO THE CLAIM.
Nothing in this agreement is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited.
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
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.
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's 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.
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 your from time to time) constitute the entire 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 other 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 Minnesota 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.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of TOCICI services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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 . Please note that 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.
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this 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.
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, please familiarize yourself with the CAN-SPAM Act by following this link: http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm
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.
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.
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 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.
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.
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. Please 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.
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.
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.
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.
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.
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.
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.
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.
Please remember that 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.
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.
To ensure you receive the information you need to manage your account and protect your privacy, please be sure to keep your contact and billing information up to date. You can update all account-related information directly through your control panel. Alternatively, you can contact TOCICI Support by phone or through our online support form.
If you have any questions about this Privacy Policy or the practices described herein, you may contact: User Service, TOCICI, 25 NW 23rd PL STE 6 PMB 345, Portland, OR 97210 or support@tocici.com.
Except as stated in this policy, 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:
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, please update your preferences with our subscription settings tool or e-mail us at TOCICI Support. If you would like to cancel a TOCICI membership completely, please contact TOCICI Support through our online support form.
During the registration process, you are provided with the opportunity to opt out of receiving marketing and promotional communications from TOCICI and our partners that are not directly related to the services we provide. TOCICI, its affiliates or partners may use the information associated with your account to contact you with these special offers.
To unsubscribe from TOCICI newsletters and promotional mailings, please update your preferences with our subscription settings tool or e-mail us at TOCICI Support.
If you would like to cancel a TOCICI membership completely, please contact TOCICI Support through our online support form.
Please note that TOCICI reserves the right to send e-mail communications relating directly to their accounts to all active members:
TOCICI (“TOCICI”) supports the protection of intellectual property. Therefore, we have established the following policies regarding copyright infringement claims.
Please 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.
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 Gregory Berkholtz 25 NW 23rd PL Suite 6-345 Portland, OR 97210 E-mail: legal@tocici.com Fax: (503) 488-5461 x7
IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX (FAX # 503-488-5461). DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE 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:
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).
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:
Upon receipt of a Counter Notification from the User containing the information as outlined above, TOCICI will:
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.
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.
TOCICI is located in Portland, Oregon and all civil subpoenas should be served at that location or mailed or faxed to: TOCICI Gregory Berkholtz 25 NW 23rd PL Suite 6-345 Portland, OR 97210 E-mail: legal@tocici.com Fax: (503) 488-5461 x7
IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX (FAX # 503-488-5461). DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE 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 subpoena and will provide the User an opportunity to move to quash the subpoena in court.
TOCICI will charge the person or entity submitting the civil subpoena for costs associated with subpoena compliance. Payment must be made within thirty (30) days from the date of receipt of the TOCICI invoice. Checks should be made out to TOCICI.
TOCICI's subpoena compliance costs are as follows:
| Research | $100.00/hour |
| Federal Express | Cost as Billed |
| Paper Copies | $1/page |
| Compact Disk | $20.00/per CD |
| Data | $5.00/per GB |
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 the TOCICI e-mail address is related to the pending litigation and the underlying subpoena.
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, INC. (“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 Gregory Berkholtz 25 NW 23rd PL Suite 6-345 Portland, OR 97210 E-mail: legal@tocici.com Fax: (503) 488-5461 x7
IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER AND/OR FAX (FAX # 503-488-5461). DUE TO THE VAGARIES OF THE INTERNET, AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL, UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE (VIA PAPER AND/OR FAX), WILL HELP ASSURE 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:
TOCICI will also take reasonable steps to promptly notify the alleged infringer in writing of the claim against him or her, and that it has removed or disabled access to the material (see Sections 512©(1)(C) and (g) of the DMCA).
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:
Upon receipt of a Counter Notification from the Subscriber containing the information as outlined above, TOCICI will:
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.