Refund and Cancellation Policies
Web Hosting Acceptable Use Policy
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.
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.
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 email@example.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
- Use our Contact Form to let us know
- Use 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.
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: