The Toofr terms of service on this web page govern your Toofr subscription. You agreed to these terms of service when you registered for your Toofr account.
SUBSCRIPTIONS, PAYMENTS, & OVERAGE CHARGES
Payment for your Toofr Subscription is processed immediately by Stripe Payments and continues regardless of the usage level of your Toofr Subscription. You acknowledge that Toofr incurs costs associated with your Toofr Subscription, which include but are not limited to account activation, customer service, adding improvements to the Toofr website, administrative time spent managing your Subscription, and other services.
FOR API CALLS, OVERAGE CHARGES WILL ACCUMULATE WITHOUT WARNING AND WILL CHARGE NIGHTLY AT YOUR PLAN'S OVERAGE RATE. This may result in large additional charges, depending on your usage. Therefore, please use the API carefully and add any necessary throttling required to manage your overage charges.
For file imports, you will be asked to confirm that overage charges may result when you upload a file with more records than you have credits.
Your Toofr subscription will automatically renew and your credit card will automatically be billed for the renewal (at the same cost as your prior agreement). By subscribing to a Toofr subscription and agreeing to the Toofr terms of service on this web page, you are agreeing to an automatic renewal of your Toofr service. All Toofr terms of service on this web page including No Refunds apply to your Toofr renewal agreement. If you would like to opt out of the automatic renewal of your Toofr service, then you must cancel your Subscription prior to your next billing date. Toofr guarantees that all renewals will be billed at the same rate as the original pricing agreement, even if that rate was promotional pricing or otherwise negotiated when you subscribed. However, Toofr reserves the right to cancel payment plans and issue new plans with higher or lower rates. If you intentionally or unintentionally reverse the credit card charge for your Toofr renewal agreement, then you will be responsible for paying the full amount of the renewal plus a 20% violation of service penalty within 5 business days from the date that the credit card charge was reversed. Send inquiries regarding renewals or your request to opt out of the automatic renewal of your Toofr service to firstname.lastname@example.org.
There are no refunds, under any circumstances, for your Toofr Subscription.
If you fail to make payment for your Toofr Subscription then you agree to pay for all legal and collection costs associated with collection of payment on your account which may exceed the actual cost for your Toofr Subscription.
Unless you are on an active Enterprise subscription, Toofr authorizes you to search for email addresses from the Toofr.com web site and database solely for your personal, noncommercial use (You cannot sell, rent or share Toofr data with anyone else. You cannot transmit email to Toofr contacts for or on behalf of anyone else including but not limited to your customers and / or business partners). All Enterprise subscriptions allow for you to save and resell Toofr data so long as you remain on the Enterprise subscription.
Unless you are on an active Enterprise subscription, you may not sell or modify information found on the website or reproduce, display, publicly perform, distribute, or otherwise use the information in any way for any public or commercial purpose. Unless you are on an active Enterprise subscription, The use of the information on any other web site or in a networked computer environment for any purpose is prohibited.
Regardless of your subscription level, you must be on an active Toofr subscription in order to continue using any of the Toofr data. If your Toofr subscription is canceled then you are responsible for deleting all Toofr data from your internal systems and notifying internal users that they are no longer permitted to use the Toofr data. If Toofr learns that you are using Toofr data without an active Toofr subscription, then you shall be immediately obligated to pay the full cost of a Toofr subscription and you authorize Toofr to immediately bill your credit card. If Toofr learns that you have transmitted email to Toofr contacts for or on behalf of anyone else including but not limited to your customers and / or business partners, then you shall be immediately obligated to pay the full cost of a Toofr subscription and you authorize Toofr to immediately bill your credit card on file that was used for your Toofr subscription.
You shall not copy or adapt the HTML code that the website creates to generate its pages.
Users are prohibited from violating or attempting to violate the security of the website, including, without limitation,
a. accessing data not intended for such user or logging into a server or account which the user is not authorized to access,
b. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization,
c. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, flooding, spamming, mailbombing or crashing,
d. sending unsolicited spam e-mail including promotions and/or advertising of products or services
e. forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Toofr will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Toofr may be used only for lawful purposes by individuals seeking to network with other individuals. Toofr specifically prohibits any use of the website, and all users agree not to use the website, for any of the following:
a. Using any device, software or routine to interfere or attempt to interfere with the proper working of this website or any activity being conducted on this site.
b. Taking any action which imposes an unreasonable or disproportionately large load on this websites infrastructure.
c. If you have a password allowing access to a non-public area of this website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose, or printing and sharing any of the information on this website with unauthorized users.
d. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website other than the search engine and search agents available from the website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
e. Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the website. Toofr does not represent or guarantee the accuracy, or reliability of business email information provided by Toofr. You acknowledge that any reliance on material found in Toofr will be at your own risk.
You agree not to resell or assign your rights or obligations under these Terms of Service. You also agree not to make any unauthorized commercial use of the website.
The aggregate liability for Toofr to you for all claims arising from the use of the Materials is limited to $100.
You agree in the event Toofr or its agent requests information pertaining to your account that you will provide said information within 24 hours of notification.
You agree that through your use of the Toofr website to agree to abide by the laws of the State of California. You agree that the forum for all litigation as a result of misuse of the Toofr website shall be the State of California, not withstanding conflict of laws rules.
You acknowledge that the transmission of unsolicited commercial e-mail (UCE or SPAM) is against both the policies of Toofr and illegal in the State of California, and will be vigorously prosecuted when detected.
You acknowledge and agree that if Toofr must bring an action for breach of this agreement due to any violation including but not limited to unauthorized contact with business card contacts, failure to adhere to the automatical renewal policy as defined in item 2. above, or other, you will be responsible for attorneys fees and costs associated with the action.
You agree that the name Toofr and all associated information on the Toofr website is the intellectual property of Toofr, and their unauthorized use constitutes copyright and /or trademark infringement.
Toofr reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to immediate termination of your registration with or ability to access the website and/or any other service provided to you by Toofr, upon any breach by you of these Terms of Service or if Toofr is unable to verify or authenticate any information you submit to the website registration with or ability to access the website.
Toofr reserves the right to expel users and prevent their further access to the website for violating the Terms of Service or the law.
Toofr is a unique product offering access to business information. You agree that by accessing Toofr only once you have waived all rights to any refunds of fees paid to Toofr.