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Policies
Refund
and Cancellation Policies
Web Hosting Acceptable Use Policy
Web Design
Web Design Policies are defined in our contract. All web design customers
are provided a copy of this contract for review prior to signing.
We stand by our work, and will correct any errors and/or omissions
for up to one year after the completion of the initial work.
Our maximum liability to the Customer for any and all losses, claims,
damages or liability of any kind (including but not limited to contract
or tort) with respect to the services provided by us and any act
or omission of Toner Design shall be limited to the amount paid by
the Customer to Toner Design. In no event will Toner Design be liable
for any indirect, incidental or consequential damages, even if Toner
Design has been advised of the possibility of such damages.We make
every effort to follow best practices and procedures.
In the case of a cancelled contract, the Customer is responsible
for payment for any services rendered prior to notification of termination
of the contract. See also Website Maintenance below for general conditions.
Website Maintenance
All website maintenance is done at an hourly rate unless otherwise
arranged. It is the Customer's responsibility to check for any errors
and omissions upon completion of the work, and to notify us within
10 work days (two weeks) of any problems. In the case of errors that
were a result of our work that do not show up for a period of time--we
will correct any error of our doing at no additional cost. In the
case of customer dissatisfaction, we are not liable for any amount
greater than the amount paid for the original work, and will restore
the Customer website to the condition in which it was found before
we began work.
Prepress
We make every attempt to keep our work as error-free as possible,
but as with Website Maintenance, It is the Customer's responsibility
to check for any errors and omissions upon completion of the work,
and to notify us within 10 work days (two weeks) of any problems.
As above, our maximum liability is limited to the amount paid by
the Customer to Toner Design.
Web Hosting Cancellation
Web hosting fees are non-refundable! Please choose your plan carefully,
or call us for assistance in choosing the best hosting plan for your
website. If you wish to cancel your hosting account with us, we must
be notified at least 7days, but no more than 30 days, prior to the
expiration of your current hosting period. If you do not provide
this notice you will be charged the next period's rate.
You must also provide notice in writing! Acceptable notice
can be given in the following ways:
- Sent via e-mail to billing@tonerdesign.com
- Sent via fax to 828-891-2169 (Call (828) 891-2563 first before faxing)
- Sent via US mail to Toner Design, P.O. Box 766, Horse Shoe, NC 28742
- Using our secure Hosting
Cancellation Form
- Using the Self Cancellation feature found in your Control Panel
Under no circumstances will notification by phone be
considered acceptable notice.
WEB HOSTING ACCEPTABLE USE POLICY (AUP)
By using our web hosting services, you agree to comply
with our policies. You are expected to use the Internet
with respect, courtesy, and responsibility, giving
due regard to the rights of other Internet users. We
expect you to have a basic knowledge of how the Internet
functions, the types of uses which are generally acceptable,
and the types of uses which are to be avoided. Common
sense is the best guide as to what is considered acceptable
use. The following are unacceptable uses: Illegality
in any form, including but not limited to activities
such as unauthorized distribution or copying of copyrighted
software, violation of U.S. export restrictions, harassment,
fraud, trafficking in obscene material, drug dealing,
and other illegal activities.The provisions of this
Policy are intended as guidelines and are not meant
to be exhaustive. Generally, conduct that violates
law, regulation, or the accepted norms of the Internet
community, whether or not expressly mentioned in this
Policy, is prohibited. Toner Design reserves the right
at all times to prohibit activities that damage its
commercial reputation and goodwill. Toner Design hosting
accounts, including any websites created via a Toner
Design hosting account or hosted on a Toner Design
hosting account, and any other other electronic media
or software posted on these accounts, including the
servers which host these accounts, may be used only
for lawful purposes. Transmission, distribution or
storage of any material in violation of any applicable
law or regulation is prohibited. This includes, without
limitation, material protected by copyright, trademark,
trade secret or other intellectual property right used
without proper authorization, and material that is
obscene, defamatory, constitutes a legal threat, or
violates export control laws. Examples of unacceptable
content or links: "Pirated software", "Hackers
programs or archives", "Warez Sites", "IRC
Bots", "MP3". We will be the sole arbiters
as to what constitutes a violation of this provision
. Violations of system or network security are prohibited,
and may result in criminal and civil liability. Examples
include, but are not limited to the following: unauthorized
access, use, probe, or scan of a systems security or
authentication measures, data or traffic. Interference
with service to any user, host or network including,
without limitation, mail bombing, flooding, deliberate
attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of
the header information in an e-mail or a newsgroup
posting.It is a violation for anyone who, including
but not limited to, employs posts or programs which
consume excessive CPU time or storage space, permits
the use of mail services, mail forwarding capabilities,
POP accounts, or auto responders other than for their
own account; or resale of access to CGI scripts installed
on our servers.No one shall post defamatory, scandalous,
violent or private information about a person without
their consent, intentionally inflicting emotional distress,
or violating trademarks, copyrights, or other intellectual
property rights. Sending unsolicited mail messages,
including, without limitation, commercial advertising
and informational announcements, is expressly prohibited.
A user shall not use another site's mail server to
relay mail without the express permission of the site
or distributing, advertising or promoting software
or services that have the primary purpose of encouraging
or facilitating unsolicited commercial E-mail or spam.It
is contrary to Toner Design policy for customers to
use our servers to effect or participate in any of
the following activities:To post to any Usenet or other
newsgroup, forum, e-mail mailing list or other similar
group or list articles which are off-topic according
to the charter or other owner-published FAQ or description
of the group or list;To send unsolicited mass e-mailings,
if such unsolicited e-mailings provoke complaints from
the recipients;To engage in any of the foregoing activities
using the service of another provider, but channeling
such activities through a Toner Design provided server,
or using a Toner Design provided server as a maildrop
for responses;To falsify user information provided
to Toner Design or to other users of the service in
connection with use of a Toner Design service.When
Toner Design becomes aware of an alleged violation
of its Acceptable Use Policy, Toner Design will initiate
an investigation. During the investigation Toner Design
may restrict Customer's access in order to prevent
further possible unauthorized activity. If the Customer
is found in violation of our SPAM policy, Toner Design
will initially give a warning to the Customer that
all activities in violation of our Acceptable Use Policy
must stop immediately. Toner Design may, at its sole
discretion, restrict, suspend, or terminate Customer's
account and/or pursue other civil remedies. Also, Toner
Design reserves the right to pursue civil remedies
for any costs associated with the investigation of
a substantiated policy violation. If such violation
is a criminal offense, Toner Design will notify the
appropriate law enforcement department of such violation.
Toner Design does not issue service credits for any
outages incurred through service disablement resulting
from Policy violations.The Customer shall be held liable
for any and all costs incurred by Toner Design as a
result of the customer's violation of these terms and
conditions. This is including, but is not limited to,
attorney fees and costs resulting from Postmaster responses
to complaints from and the cleanup of unsolicited commercial
mailings and/or unauthorized bulk mailings and/or news
server violations. First violations will result in
a Cleanup Fee of $250 and the customer’s account
will be reviewed for possible immediate termination.
A second violation will result in Cleanup Fee of $500
and immediate termination of the customer’s account.
The Customer who violates this policy agrees to also
pay Investigation Fees of no more than $125 per hour
that Toner Design personnel must spend to investigate
any violations.
Modification
Toner Design reserves the right to add, delete, or
modify any provision of this Policy at any time without
notice. Reporting Abuse: Any party seeking to report
any violations to Toner Design's policy may contact
via e-mail:
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, Toner Design. All rights reserved.
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