Thank you for using our hosting service. When we say “Company”, “we”, “our”, or “us” in this document, we are referring to toot.io c/o Wiegelmann UG (Limited Liability, Finkenweg 4, 85241 Hebertshausen, Germany). By signing up on our hosting service at toot.io, you are agreeing to this terms of service. By way of this agreement, you agree to allow us to host Mastodon software, which you have paid for, at its data center in Germany, Finland or US. Your receipt of services is in accordance with the terms of the service in effect at the time of such services. By securing services, you accept and agree to the service in effect at such time.
Maintenance Windows: We will set forth a standard maintenance schedule to maintain and update all hosting servers. The standard maintenance windows will be published via email. In case of emergency maintenance requirements, we will make efforts to announce such maintenance windows at least 24 hours in advance of emergency maintenance, but in no event less than 12 hours prior to scheduled maintenance.
Third Party Network Availability: We does not guarantee network availability between the customer and the our hosting servers as network availability can involve numerous third parties and is beyond the control of us. We will not be liable for any down-time caused by its data center provider nor for any down-time that you experience as a result of your own network connectivity issues.
Unavailability of Services: If you experience a Service outage and are unable to access the Services, you must immediately contact us and notify us of the service outage, providing any/all necessary information that may assist our technical support in determining the cause of the outage. We will determine whether the outage or failure was within our reasonable control. We will have no other liability to you for failure to provide the guaranteed network availability.
1. Information Security: We will make commercially reasonable efforts to provide and maintain a secure environment for your stored data/information at our data center(s). 2. Data Storage: Customer data is stored in a relational database file on hosted servers and it is backed up on a nightly basis. We shall maintain your data/information for a period of ten (10) business day after receiving a cancellation of Services notice from you. 3. Data Backup: We will backup data on a nightly basis. Your data will be backed up onto a machine separate from the machine servicing your data.
Support: We support is provided via help desk software or email. Announcements: From time to time, we may make announcements to customers, including all users of the Services. Such announcements will typically be made through the software Service itself or via email. If you do not log in to the Services or read your email, it is possible that you might miss such announcements. We will not be responsible for your failure to make yourself aware of any such announcements.
Service Fees: You agree to pay for such Services on a timely basis and in accordance with payment terms and contract duration set forth in our invoice. Your failure to make timely payment for Service fees shall result that we may suspending your account and subsequently deleting your data/information from its servers after 30 days when the Service fee due date has passed. DISCLAIMER OF WARRANTIES: Our Company disclaims all warranties concerning the Services and any support, express, implied, or statutory, including without limitation, any warranties, duties or conditions of merchantability or fitness for a particular purpose, warranties of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, of lack of viruses, and of lack of negligence. We do not warrant that the Services will be uninterrupted, secure, or backed up. Additionally, Our Company and its suppliers provide the Services as is and with all faults. there is no warranty or condition of title, quiet enjoyment, quiet possession, or correspondence to description with regard to the services. no liability: to the maximum extent permitted by applicable law, in no event shall wiegelmann or its suppliers be liable for any special, incidental, punitive, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits or confidential or other information, for loss of data, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the services or failure to provide support or other services or information, even in the event of the fault, tort (including negligence), misrepresentation, strict liability, breach of contract of wiegelmann or any supplier, and even if wiegelmann or any supplier has been advised of the possibility of such damages.
The customer is responsible for the content on his Mastodon instance, including its legality, reliability, and appropriateness.
We do not accept Mastodon instances that promote or that become a gathering of users around the following topics:
The customer agrees that you will not do any of the following in connection with the Service or other users:
Anyone found violating the terms of service will be warned, asked to leave toot.io or suspended, depending on the gravity of the violation. Still, those services will have access to download a backup with everything needed to migrate to a different hosting solution.
1. Consent to Use of Data: You agree that our company and its affiliates may collect and use technical information gathered as part of any support provided to you in relation to the Services. We may use this information solely to improve our support and Services or to provide customized services or technologies to you and will not disclose this information in a form that personally identifies you.
2. Additional Services: This Service applies to Service updates, supplements, or Internet-based Services components that we may provide to you or make available to you after the date you purchase Services from us, unless we provide other terms along with the updates, supplements, or Internet-based Services components. Our company reserves the right to discontinue any Internet-based Services provided to you or made available to you.
3. Applicable Law: This Service is governed by the laws of Germany, excluding that body of law applicable to choice of law. Any legal action or proceeding relating to this Service shall be instituted in a state or federal court in Germany. Our company and you agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such action or proceeding. The prevailing party in any action to enforce this Service will be entitled to recover its attorney fees and costs in connection with such action.
4. Assignment: You may not assign this Service or your rights, obligations or interest under this Service, except with the prior written consent of us.
5. Waiver: The failure of either party to enforce any of the terms of this Service shall not be construed as a waiver of future enforcement of that or any other term.
6. Termination: Without prejudice to any other rights, We may terminate this Service if you fail to comply with the terms and conditions of this Service. In such event, you must stop using the Services and will not be entitled to any refund of monies. We may take legal and/or equitable action against you for any breach of this Service.
7. Notices: Any notice given under this Service shall be in writing and delivered in person or sent by registered or certified mail, return receipt requested, postage prepaid, or sent by courier to the addresses set forth in the Invoice . Notice is deemed received upon verification of delivery.
If you have any questions about this Terms of Service, the practices of this site, or your dealings with this site, please contact us at hosting@toot.io.
The last update to our Terms of Service was posted on Nov 25, 2022.
