Terms of Service

Definitions

• Agreement means these Terms of Service and any policies referenced herein (including, without limitation, the Acceptable Use Policy and Privacy Policy), as updated from time to time.
• Customer (or Client) means the person or entity that purchases or uses the Services.
• Authorized E-mail Address means an email address listed as an authorized contact for the Customer account in the Client Area.
• Services means any Togglebox product or service, including (without limitation) cloud, hosting, support, domains, and related services.
• Billing Month means the monthly period used for billing and SLA calculations for a Service.
• Good Standing means an account that is current on payment obligations and not in violation of this Agreement or the Acceptable Use Policy.
• Account Credit means a non-cash credit applied to future invoices.
• Activation Fee means a small setup/activation charge (if applicable) used to verify payment and reduce fraud; it may be credited to the account balance as described in the Refund Policy.

Billing Policy

1. All Togglebox services are periodic services, and will renew automatically until canceled by the client.
2. All Cloud Virtual Datacenter fees are due in advance of the services provided. Failure to pay in advance may result in termination or suspension of services without notice.
3. All Hourly Cloud hosting fees are based on your resource allocation for the previous month, and are post-paid.
4. Services that are 3 days past due will be suspended.
5. Services that are 14 days past due will incur a late fee up to $20.
6. Services that are 20 days past due will be terminated, including all data and all backups.
7. Security audit reports and compliance certifications are available to Customers in good standing upon request.
8. Additional security features or dedicated security support may be available for an additional fee.

Refund Policy

1. All Refund Requests must be submitted by Support Ticket, or by E-Mailing billing@togglebox.com from your account’s Authorized E-mail address.
2. If you cancel within the first 7 days you may request a refund of periodic service fees billed in advance (the “Money Back Guarantee”), excluding non-refundable items listed below.
3. Cancellations after the first 7 days are not eligible for refunds of periodic service fees.
4. Pre-payments for 3, 6 and 12 months, and Credit Deposits, are NOT refundable unless the cancellation is requested within the Money Back Guarantee period (First 7 days).
5. Refunds will only be sent to the payment method that originally made the purchase.
6. If an account has due invoices, any approved refunds will be processed as Account Credits.
7. Account Credits are non-refundable and are applied to future invoices only, except as explicitly stated (e.g., the Activation Fee Exception below).
8. SSL Certificates, Domain Registrations, Domain Transfers, Support Fees, and most Setup Fees are NOT refundable, unless explicitly stated otherwise.
9. Activation Fee Exception: Certain Services may include a $1 setup/activation fee to verify payment. This $1 is credited to the account balance. Upon request, Togglebox will refund this $1 activation fee (including requests after 30 days), subject to verification and account standing.
10. Crypto Payments are non-refundable.
11. Money Back Guarantee only applies to the first purchase for an individual, group or account.

Cancellation Policy

1. Cancellation requests must be scheduled via the provided control panel or by emailing billing@togglebox.com from your account’s Authorized E-mail Address.
2. For the security of our clients:
   • Cancellation requests sent by E-mail may require additional validation or verification.
   • Togglebox will not process any cancellation requests sent from a non-authorized contact.
   • Togglebox will not accept cancellation requests via phone, Live Chat, fax, or standard mail.
3. Unless otherwise stated in writing, cancellation stops renewal of the Service. You remain responsible for all charges incurred up to the effective cancellation date, including any usage-based charges.
4. Data Retention: Upon cancellation or termination (including for non-payment), Togglebox may delete all Customer data and backups. Data retention is not guaranteed. Customers are responsible for maintaining their own offsite backups prior to cancellation or termination.
5. For non-payment, Services may be suspended after 3 days past due and terminated after 20 days past due. Termination may include deletion of all data and all backups.
6. If you cancel your service, but fail to transfer your site(s) to another provider and continue to utilize our hosting network you will be billed until such time that you are no longer utilizing our services.

Promotions

1. Promotions are only eligible for use by new and unique clients, unless otherwise specified.
2. Promotional Credits expire after 30 days.

Affiliates

1. Togglebox pays an Affiliate Bonus of $50 per unique sign-up.
2. Affiliate payouts can be made via PayPal or Togglebox Account Credits.
3. To be eligible for the sign-up bonus each sign-up must:
   • Pass our Fraud Screening process.
   • Be a new and unique sign-up.
   • Remain active and in good financial and account standing for 90 days.
4. Hourly Clouds MUST be in continuous use for 90 days to be eligible for an Affiliate Payout.  Empty ($0) Hourly Clouds do not qualify until they  have reached 90 continuous days of active billing.
5. Information in the Affiliate Center in the Client Area is not always accurate, and should only be used to view basic Sign-up information.
6. Affiliates can request a review of any sign-ups at any time by submitting a Support Ticket to the Sales team.
7. Togglebox reserves the right to refuse commission payments to anyone who attempts to falsify sign-ups, sign up for multiple accounts, or otherwise violates any part of our Terms of Service or Acceptable Use Policy.
8. Affiliate Bonuses are only eligible for our standard product lines. Any special promotional VPS or Cloud is not eligible for Affiliate Bonus payouts.

Prohibited Activities

The Customer may only use Togglebox’s services for lawful purposes. In the event that Togglebox believes that the service is being used by the Customer illegally or in contravention with any of the terms and provisions contained in this Agreement, Togglebox has the right to immediately discontinue services to Customer without liability. Togglebox reserves the right to report any illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution.

The following are restrictive and prohibited uses, and shall be cause for the immediate termination of this Agreement, Customer’s Account, Web Services, and all Data Retention without notice to the Customer:

1.  Unauthorized distribution or copying copyrighted data, materials, information, or software.
2.  Violation of United States export restrictions
3.  Embarrassment, fraud, trafficking in obscene material, drug dealing, and other illegal activities;
4. Offering for sale or soliciting e-mail lists for the purposes of bulk e-mail.
5. Unsolicited advertising via email and/or ‘Spamming’.
6. Using a non-existing E-mail return address on a commercial solicitation, trolling (posting outrageous messages to generate numerous responses, mailbombing (sending multiple messages without significant new content to the same user), subscribing someone else to a mailing list without that person’s permission, cross-posting articles to an excessive number of newsgroups, or attempting without authorization to enter into a secured computer system.
7. Tortious conduct such as posting of defamatory, libelous, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyright, or other intellectual property rights.
8. Illegal adult-oriented websites are prohibited.
9. IRC is prohibited.
10. Proxies are prohibited.
11. Torrents are prohibited.
12. Virtual Currency Mining and any long-running computational program are prohibited (Bitcoin, etc.).
13. Stock Trading Software.
14. Attempting to breach or test the security of other customers’ resources.
15. Deploying malware, ransomware, or other malicious software.
16. Using services for vulnerability scanning without prior written authorization.
17. Failing to maintain reasonable security practices that could compromise the platform.

Support

1. Standard Support (Default): Standard support is considered Semi-Managed. The first 15 minutes of a support issue are complimentary. After the first 15 minutes a support issue can be considered billable. Further support for the issue will be priced at $15/15 minutes. Support fees are non-refundable. First Response SLA for support tickets with Standard Support is 4 hours.
2. Priority Support ($20/month): Priority Support is a flat fee per Cloud instance. Priority Support does not charge based on the time required for an issue. First Response SLA for support tickets with Priority Support is 1 hour. Priority Support fees are NOT REFUNDABLE.
3. First Response SLA: The First Response SLA guarantees that our Support staff will confirm that the issue is being investigated or addressed. The First Response SLA does not guarantee any specific or estimated time for resolution to an issue.
4. Togglebox does not guarantee or warranty the level of available support for Standard or Priority Support packages. “Best Effort” support is given for any application, software or files not specifically included in the Operating System templates that are provided.
5. Togglebox currently offers support via Support Tickets, E-mail, and Live Chat.
6. Some requests may not be able to be completed on Live Chat due to security, or time required for resolution.  In these cases Togglebox Staff may request that a Support Ticket be submitted for continued support on the issue.
7. Security support is limited to Togglebox-managed infrastructure. Customers are responsible for securing their applications, data, and configurations.
8. Togglebox will provide guidance on security best practices but is not responsible for implementing Customer security controls.
9. Togglebox reserves the right to refuse support at any time.

SLA

This section defines the Network and Host Server Service Level Agreement (SLA).

1. Availability: To Customers in good financial standing with Togglebox, we guarantee that our network is available 99.9% and the physical host server infrastructure is available 99.9% of the time in a given Billing Month, excluding scheduled maintenance.
2. Scope: The network is defined as core network infrastructure excluding the hardware, services and software running on your server. The server is defined as the physical host hardware that houses the account and excludes software running on your server.
3. Security incidents resulting from Customer misconfiguration, inadequate access controls, or failure to patch Customer-managed systems are not covered under this SLA.
4. Togglebox’s security responsibilities are limited to the infrastructure layer as defined in the Shared Security Responsibility Model section.
5. Downtime Measurement: Downtime is measured from the moment the Customer notifies a Togglebox support representative of a failure to the time the Network or Server responds to an external “ping” request.
6. Service Credits: If Network or Server downtime exceeds 0.1% in a given Billing Month for the affected Service, the Customer may request a service credit equal to 5% of the affected Service’s monthly fee, plus an additional 5% for each additional full 5 minutes of downtime beyond the 0.1% threshold, up to 50% of the affected Service’s monthly fee.
7. How to Request Credits: The Customer must submit a Support Ticket requesting SLA credits within 7 days after the end of the affected Billing Month. Approved credits are applied as Account Credits and are not payable as cash.
8. Credits shall not be provided to the Customer if downtime is the result of:
   • scheduled maintenance
   • circumstances beyond Togglebox’s reasonable control, including, but not limited to: DDoS or other network attacks, upstream or 3rd party network outages, war, fire, flood, sabotage, labor disturbance, acts of government, acts of God
   • Breaking this Agreement or Togglebox’s Acceptable Use Policy.

Togglebox will utilize its best efforts to maintain acceptable performance of services, but Togglebox makes absolutely no warranties whatsoever, express or implied, including warranty of merchantability or fitness for a particular purpose. Togglebox cannot guarantee continuous service, service at any particular time, or integrity of data stored or transmitted via its system or via the Internet. Togglebox will not be liable for the inadvertent disclosure of, or corruption or erasure of, data transmitted or received or stored on its system. Togglebox shall not be liable to Customer or any of its customers for any claims or damages which may be suffered by Customer or its customers, including, but not limited to, losses or damages of any and every nature, resulting from the loss of data, inability to access Internet, or inability to transmit or receive information, caused by, or resulting from, delays, non-deliveries, or service interruptions whether or not caused by the fault or negligence of Togglebox.

Indemnification

The use of any data or material, which Customer receives from the service provided by Togglebox, is at Customer’s sole and absolute risk. Togglebox specifically disclaims and denies any responsibility for the completeness, or accuracy of quality of any and all information obtained through the services to be provided hereby.

Customer agrees that it shall defend, indemnify, save and hold harmless from any and all demands, liabilities, losses, costs, claims, including reasonable attorney’s fees, (‘Liabilities’) against Togglebox, its agents, its customers, servants, officers, and employees, that may arise or result from any services provided, performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Togglebox against Liabilities arising out of any injury to person or property caused by any products sold or distributed in connection with Togglebox’s services; and material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective product which Customer sold on Togglebox’s Services; any security breach or data loss resulting from Customer’s failure to properly secure their resources, applications, or data according to the Shared Security Responsibility Model. As a result of this, Customer agrees that Togglebox shall not be liable to Customer for any claims of actual, compensatory and/or consequential damages which may be suffered by Customer, including, but not limited to, losses or damages due to the loss data resulting from delays, non-deliveries, or service interruptions caused by the fault or negligence of Togglebox. Notwithstanding the above mentioned, Customer’s exclusive remedies, damages, losses and causes of actions shall not exceed the aggregate dollar amount which Customer paid during the term of this Agreement.

Togglebox will not be responsible for any damages your business may suffer. Togglebox makes no warranties of any kind, expressed or implied for services provided. Togglebox disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions or failures caused by Togglebox and its employees. The services provided by Togglebox are provided AS-IS and without any warranty expressed or implied. Togglebox reserves the right to revise its policies at any time.

Shared Security Responsibility Model

Togglebox operates under a shared security responsibility model. Security and compliance are shared responsibilities between Togglebox and the Customer. The distribution of responsibilities depends on the services selected and deployment model.

Togglebox Responsibilities (“Security OF the Cloud”):

1. Physical data center security, including physical access controls, environmental protections, and hardware security.
2. Network infrastructure security up to and including the hypervisor layer.
3. Core network security, DDoS protection at the infrastructure level, and network isolation between customers.
4. Hypervisor security, patching, and maintenance.
5. Physical host hardware security and maintenance.
6. Virtualization layer security ensuring proper resource isolation (CPU, memory, storage) between customers.

Customer Responsibilities (“Security IN the Cloud”):

1. All data security, including encryption at rest and in transit.
2. Identity and access management (IAM) for all user accounts and applications.
3. Operating system configuration, patching, and security (for all IaaS deployments).
4. Network configuration above the virtualization layer (firewalls, security groups, VPNs).
5. Application security, including code security, vulnerability management, and patches.
6. Security monitoring and incident response for customer-deployed resources.
7. Compliance with applicable regulations and standards.
8. Backup and disaster recovery of customer data and applications.
9. Secure configuration of all cloud resources and services.

The Customer acknowledges that:

1. Misconfiguration of cloud resources is the Customer’s responsibility.
2. Togglebox is not responsible for security breaches resulting from Customer misconfiguration.
3. Overall regulatory compliance remains the Customer’s responsibility.
4. Togglebox will provide security audit reports upon request to assist with Customer compliance efforts.

Togglebox reserves the right to modify these Terms of Service at any time in its sole and absolute discretion.