Touchtown Inc. ("Touchtown Inc.", "we" and "us') has formulated this Acceptable Use Policy ("AUP") in
order to encourage the responsible use of our Touchtown networks, systems, services, web sites and
products (collectively, "Touchtown") by our customers and other users of Touchtown (collectively, "Users"
and "you"), and to enable us to provide Users with secure, reliable and productive services. By using
Touchtown, you consent to be bound by the terms of this AUP. We reserve the right to modify this AUP at
any time. Such modifications will be effective when posted.
By using the Touchtown service you agree to this policy, as well as any modifications we may choose to make from time to time.
You must use Touchtown in a manner that is consistent with its intended purpose and only for lawful purposes. You must not use Touchtown in order to transmit, distribute or store material that is in violation of any applicable law or regulation, including export or encryption laws or regulations, or that may expose us to criminal or civil liability. You may not assist any other person in violating any part of this AUP.
Responsibility for Content.
We take no responsibility for any material created or accessible on or through Touchtown. We are not obligated to monitor or exercise any editorial control over such material, but we reserve the right to do so. In the event that we become aware that any such material may violate this AUP and/or expose us to civil or criminal liability, we reserve the right to block access to such material and suspend or terminate any User creating, storing or disseminating such material. We further reserve the right to cooperate with legal authorities and third parties in the investigation of alleged wrongdoing, including disclosing the identity of the User that we deem responsible for the wrongdoing.
You may not use Touchtown to transmit, distribute or store material that is inappropriate, as reasonably determined by us, or material that is indecent, obscene, pornographic (including child pornography), defamatory, libelous, threatening, abusive, hateful, or excessively violent.
Material accessible through Touchtown may be subject to protection under privacy, publicity, or other personal rights and Intellectual Property rights, including but not limited to, copyrights and laws protecting patents, trademarks, trade secrets or other proprietary information. You may not use Touchtown in any manner that would infringe, dilute, misappropriate, or otherwise violate any such rights. If you use a domain name in connection with any of Touchtown, you may not use that domain name in violation of the trademark, service mark, or other rights of any third party.
You may not use Touchtown to transmit, distribute or store material that contains a virus, worm, Trojan horse, or other component harmful to Touchtown, any other network or equipment, or other Users.
You may not use Touchtown to transmit or distribute material containing fraudulent offers for goods or services, or any advertising or promotional materials that contain false, deceptive, or misleading statements, claims, or representations. In addition, you are prohibited from submitting any false or inaccurate data on any order form, contract or online application, including the fraudulent use of credit cards
Email and Unsolicited Messages
You may not use Touchtown to send unsolicited e-mail messages, including, without limitation, bulk commercial advertising or informational announcements ("spam"). Further, You are prohibited from using the service of another provider to send spam or to promote a site hosted on or connected to Touchtown. In addition, You may not use Touchtown in order to (a) send email messages which are excessive and/or intended to harass or annoy others, (b) continue to send email messages to a recipient that has indicated that he/she does not wish to receive them, (c) send email with forged TCP/IP packet header information, (d) send malicious email, including, without limitation, "mailbombing", (e) send or receive email messages in a manner that violates the use policies of any other internet service provider, or (f) use an email box exclusively as a storage space for data.
Forums and Newsgroups.
You may have access through Touchtown to search engines, subscription Web services, chat areas, bulletin boards, discussion forums, Web pages, USENET, or other services ("Forums") that promulgate rules, guidelines or agreements to govern their use. You must adhere to any such rules, guidelines, or agreements.
If you post messages to Forums, you are responsible for becoming familiar with any written charter or FAQ governing use of those Forums and complying therewith. Regardless of such policies, you may not (a) post the same message, or a series of similar messages, to one or more Forums (excessive cross-posting or multiple-posting), (b) cancel or supersede posts not originally posted by such User, unless such User does so in the course of his/her duties as an official newsgroup moderator, (c) post any message with forged packet header information, or (d) post messages that are excessive and/or intended to annoy or harass others, including, without limitation, chain letters.
System and Network Security.
You are prohibited from violating or attempting to violate the security of Touchtown, including, without limitation, (a) accessing data not intended for your use or logging into a server or account which you are not authorized to access, (b) impersonating Touchtown Inc. personnel, (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (d) attempting to interfere with, disrupt or disable service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mailbombing", "denial of service" attacks or "crashing", (e) forging any TCP/IP packet header or any part of the header information in any e- mail or newsgroup posting, (f) taking any action in order to obtain services to which you are not entitled, or (g) attempting to utilize another User's account name or persona without authorization from that User. You are also prohibited from attempting any action designed to circumvent or alter any method of measuring or billing for our services. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations, and we will work with appropriate law enforcement authorities in prosecuting any and all Users who are involved in such violations.
If we determine that you have violated any element of this AUP, we may choose to suspend or terminate your service, and if we deem it necessary, do so without notice. We may take such further action as we determine to be appropriate under the circumstances to eliminate or preclude repeat violations, and we shall not be liable for any damages of any nature suffered by you or any Customer, User, or any third party resulting in whole or in part from our exercise of our rights under this AUP.
Violations of this AUP may be reported by sending email to email@example.com.
You are prohibited from sending unsolicited email messages including bulk commercial advertising or informational announcements ("Spam") and we will immediately terminate any account which we believe, in our sole discretion, is transmitting or is otherwise connected with any Spam. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages of five dollars ($5.00) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.
We may elect to notify you before termination, but are not required to do so. When an account has been terminated or suspended, you may only reactivate your old account or acquire a new one with our express permission. You may be held responsible for any charges associated with installation or activation, whether for a new account, or an existing suspended or terminated account.
Account Usage and Password
You agree that you will be the only user of your user name and password and that you will not transfer or disclose either your user name or password to any other person, except that you may at your own risk and responsibility permit other members of your family or business associates to access the Services using your user name and password. You must ensure that any other such users comply with this Agreement and the AUP and you agree to be held responsible for all usage of the Services and any other services accessed through the Services on your account whether or not authorized by you. You acknowledge that you are aware that certain content that may be accessible through the Services may contain material that is unsuitable for minors. You agree to supervise usage of the Services through your account by any minors.
Storage Space and Other Limitations
You may not use your personal account for commercial, high volume, or any excessive use. If your use impacts our ability to provide services or network resources, your use of the Service can be terminated immediately. We may choose to limit the amount of mailbox storage space per User to 50 megabytes. When a mailbox reaches this limit, we may, at our sole discretion, prevent you from receiving email. Email that exceed the limits may not be delivered.
The Services are also subject to idle time-outs. An idle time-out is the disconnection of a session when a dial-up account is idle for a specified period of time and no interactive, human generated data appears to be received from the remote user's computer system. Automated data is not considered interactive or human generated and is also subject to idle time-out. Examples of automated data include, but are not limited to data generated by an automatic re-dialer, script or other program that runs on your computer system for the purpose of avoiding inactivity disconnects.
In using the Services, you will not resell any services or offer public information services over dial-up accounts (unlimited usage or otherwise), nor permit more than one log-on session to be active at one time on analog dial-up accounts.
Monitoring the Services
We have no obligation to monitor the Service, but may do so and disclose information regarding use of the Services for any reason if we, in our sole discretion, determine that it is reasonable to do so, including but not limited to: satisfy laws, regulations, or governmental or legal requests; operate the Service properly; or protect ourselves and our customers.
You have the responsibility to monitor your accounts for access to newsgroups and Web sites that may contain improper material. You encourage you to notify us of the continual receipt of email that you believe is illegal or unsolicited. You must not design or provide systems used for the collection of information about others without their explicit knowledge and consent.
Personal Web Page
If you use the personal Web page feature of the Service, this section shall apply to you in addition to the other provisions of this Agreement.
You acknowledge and agree that (a) the use of your personal Web page and any content, information, and all other aspects of your personal Web page will not violate the AUP, any applicable law, or any rights of another, (b) you are solely responsible for the content, quality, performance, and all other aspects of the information or other content contained in or provided through your personal Web site and (c) we have no proprietary, financial, or other interest in any of the content or information that may be described in or made available through your personal Web site. We may, without prior notice, terminate or suspend your personal Web page if we, in our sole discretion, believe that you have violated this Section.
If we provide you with a domain name that has our names or marks embedded therein ("Domain Name"), you may use the Domain Name only for the duration of this Agreement. We own the Domain Name, and the Touchtown Domain Name may be subject to change by us or applicable domain name registry. Other than for identifying the location of your personal Web site, you may not use our name or any marks of us or any of our affiliates in any press release, promotional materials, or other manner without our express written approval.
You own all graphics, text or other information or content supplied by you for incorporation into or delivery through your personal Web site. We own any software developed or modified by us and all graphics, text or other information or content materials supplied by us for incorporation into your personal Web site ("Touchtown Materials"). You may only use the Touchtown Materials in association with your personal Web page and only for the duration of this Agreement.
Disclaimer of Warranties and Limitation of Liability
YOU ASSUME TOTAL RESPONSIBILITY FOR USE OF THE SERVICES AND THE INTERNET AND ACCESS THE SAME AT YOUR OWN RISK. WE EXERCISE NO CONTROL OVER AND HAVE NO RESPONSIBILITY WHATSOEVER FOR THE CONTENT ACCESSIBLE OR ACTIONS TAKEN ON THE INTERNET AND WE EXPRESSLY DISCLAIM ANY RESPONSIBILITY FOR SUCH CONTENT OR ACTIONS. WE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING BUT NOT LIMITED TO ANY LOSS OF USE, LOSS OF BUSINESS, LOSS OF PROFIT, LOSS OF INFORMATION OR DATA, OR INTERRUPTED COMMUNICATIONS, ARISING OUT OF OR RELATED TO THIS TERMS OF SERVICE. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU OR ANY THIRD PARTIES FOR AN AMOUNT GREATER THAT THAN THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU DURING A SIX MONTH PERIOD.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO WARRANTY OF ANY KIND, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree to indemnify, defend, and hold harmless us and our subsidiaries, affiliates, officers, employees, agents, suppliers, or other partners from any and all third party claims, liabilities, costs, and expenses, including reasonable attorneys fees, arising from your use of the Services, your violation of this Agreement, or your violation of any rights of another.
This Agreement and the AUP constitute the entire agreement between you and us with respect to your use of the Services. We may assign this Agreement and your rights and obligations under this Agreement, in whole or in part, at any time without notice to you. You may not assign this Agreement without our prior written consent. Our failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or rights. If any provision of this Agreement is held to be unenforceable, the unenforceable provision shall be construed as nearly as possible to reflect the original intent of the parties and the remaining provisions shall remain in full force and effect.
For purposes of this Section, the term "information" means material of any type capable of being posted or transmitted on or through the Service, including material in print, graphic or pictorial form.
When using the Service you agree to the following:
Our dedication to customer service means that we take seriously and respond to all complaints about its subscribers' use of the Internet. This means complaints by both our subscribers and complaints by other Internet users. We believe that our customers should be able to enjoy full use of the Internet without interference by persons who use the Internet in an improper or unlawful manner.
We will respond to any complaint that involves online activities that are Prohibited Activities under our policies. We will follow the Complaint Response Procedures described below to respond to complaints from Users and others about our Users. Under these procedures, Internet users, including Touchtown Users, are responsible for monitoring use of the Internet by others. We will issue warnings to our Users, suspend subscribers' accounts and even cancel accounts when we learn of continuing improper activities.
Complaints may be submitted in any form: by e-mail at firstname.lastname@example.org, fax (to 412-826-0155), or mail (to Touchtown Inc., 215 Allegheny Ave., Oakmont PA 15139 USA).
If you register a complaint with the Touchtown Customer Service department, you should submit the following information:
1. The online username of the individual involved, and if possible, any other information about the individual, such as his or her name and address;
2. A detailed description of the activities involved;
3. If possible, the specific category or categories of Prohibited Activity you believe is involved in the activities;
4. The dates the activities took place, e.g., the date information was posted.
If you have any questions regarding this Agreement or any of our policies, you can call our Customer Service Department at 412-826-0155.