Refund Policy

Each of Tokios.com shared Web Hosting plans (does not apply to other products) carries a 14 day money back guarantee. If you are not completely satisfied with our services within the first 14 days of your contract, you will be given a full refund of the contract amount excluding mandatory setup fees and overages. However, setup Fees (if applicable) are NOT refundable.

All cancellations should be placed by submitting a trouble ticket from within your Web Based Control Panel. If you are not able to do so, you will need to email us the following information for verfication : primary domain name, username and password.

Billing Policy

The customer is responsible to ensure that all their billing details and payment information are up to date. In the event we are either unable to collect payment or bill your credit card/account on file, your account will be suspended and eventually deleted. If you wish to reinstate your account before the account is deleted, you may do so for a $25 reinstatement fee

Bulk Email Policy

We DO NOT support bulk emails sent through our servers regardless of whether they are solicited or not. We classify bulk emails as more than 200 emails sent in an hour or more than 1000 emails sent in one day. We reserve the right to suspend or terminate any account found violating this policy with no notice.

Privacy Policy

We will never:

• Disclose or sell your email address to anyone.
• Disclose or sell information about you to a 3rd party.
• Use your phone / fax number for telemarketing purposes without your permission.

Links to Third-Party Web Sites

The Tokios.com Web site contains links to third-party Web sites, which are not under the control of Tokios.com. Tokios.com makes no representations whatsoever about any other Web site to which you may have access through the Tokios.com Web site. When you access a non e-Tokios.com Web site, you do so at your own risk and Tokios.com is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. Tokios.com provides these links merely as a convenience and the inclusion of such links does not imply that Tokios.com endorses or accepts any responsibility for the content or uses of such Web sites.

Suspension of Service or Cancellation

Tokios.com reserves the right to suspend network access to any customer if in the judgment of the Tokios.com network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Tokios.com chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Tokios.com also reserves the right to suspend and terminate any site which they deem to be inappropriate (up to their discretion) for whatever reasons provided a full refund for the remaining period of hosting is refunded together with the termination/suspension

Tokios.com reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Tokios.com must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification

Tokios.com wishes to emphasize that in agreeing to the Tokios.com Policies and Terms or Service, the customer indemnifies Tokios.com for any violation of the Policies and Terms or Service that results in loss to Tokios.com or the bringing of any claim against Tokios.com by any third-party. This means that if Tokios.com is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Tokios.com, plus all costs and attorney's fees.

Miscellaneous Provisions

You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

• A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
• Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
• Tokios.com takes no responsibility for any material input by others and not posted to the Tokios.com Network by Tokios.com. Tokios.com is not responsible for the content of any other websites linked to the Tokios.com Network; links are provided as Internet navigation tools only. Tokios.com disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.
• Tokios.com is not responsible for any damages your business may suffer. Tokios.com does not make implied or written warranties for any of our services. Tokios.com denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Tokios.com.
• It is absolutely forbidden to host pornographic content, IRC servers or be involved and associated with any forms of spam on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility of Content

You, as Tokios.com's customer, are solely responsible for the content stored on and served by your Tokios.com server.

Responsibility of Backups

While every best effort is provided to ensure timely backups off all client data on servers (used for server restoration purposes), the customer is ultimately responsible for all their data and content. You are encourage to keep an up today copy of all your files and data on your local PC for further safeguarding.

Spamming

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.

It is contrary to Tokios 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 Tokios provided server, or using a Tokios provided server as a maildrop for responses;

To falsify user information provided to Tokios or to other users of the service in connection with use of a Tokios service.

When Tokios becomes aware of an alleged violation of its Acceptable Use Policy, Tokios will initiate an investigation (which can last up to 48 hours). During the investigation Tokios may restrict Customer 's access in order to prevent further possible unauthorized activity. If the Customer is found in violation of our SPAM policy, Tokios may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. Also, Tokios 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, Tokios will notify the appropriate law enforcement department of such violation.

Tokios 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 Tokios 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 customers account will be reviewed for possible immediate termination. A second violation will result in Cleanup Fee of $500 and immediate termination of the customers account. The Customer who violates this policy agrees to also pay Investigation Fees of no more than $125 per hour that Tokios personnel must spend to investigate any violations.

Illegal Use

Tokios servers 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 an illegal threat, or violates export control laws. Examples of non-acceptable content or links: "Pirated software", "Hackers programs or archives", "Warez Sites", "Irc Bots", "Mp3", "Divx", "DVDs".

Unacceptable content/sites

We do not accept the following type of sites :- Scams, Gambling, Lottery, Porn.

Tokios
CUSTOMER SERVICE AGREEMENT

This is an agreement between you and Tokios regarding your use of Tokios computer, interactive information, communication and server management service. This Agreement governs the terms and conditions under which Tokios makes the services offered by Tokios available to individual consumers through a personal computer or similar access, or to individual consumers or small businesses in connection with the " Tokios " web hosting or similar services. Under this Agreement, you must comply with Tokios's then current "Acceptable Use Policy," as updated from time to time by Tokios.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

1. Tokios will host an account for you, the purchaser (hereafter referred to as the Account Holder), for the Account Holder's chosen domain name, for the period of time (the Term) corresponding with the payment plan chosen by the Account Holder. This contract will be automatically renewed at the end of the Term and each successive renewal term, unless terminated. We require notification of non-renewal with at least 15 days notice but not more than 30 days prior to the renewal date. You must have all account information to cancel and fill out the form completely. If you do not provide this notice, you will be charged for the next terms rate. There are no refunds on a la carte services.

2. Tokios services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Tokios expressly disclaims any representation or warranty that the Tokios services will be error-free, secure or uninterrupted. No oral advice or written information given by Tokios, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.

3. The Virtual Web Server Internet account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. Further, the Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography. Violations of these or any other provisions of this Agreement may result in termination of the services provided by Tokios, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Tokios based upon the severity of the violation. Tokios reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of Tokios's then current Acceptable Use Policy, in the sole and absolute opinion of Tokios.. Notwithstanding anything in this Agreement, the content of the Account Holder's website is the sole responsibility of the Account Holder. The Account Holder agrees to indemnify and hold harmless Tokios. from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney's fees, costs, and other expenses incurred by Tokios, (collectively, Claims) related to or in connection with the content of the Account Holder's website. The terms of this Section will survive any termination of this Agreement.

4. Account Holder acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to the Account Holder. Account Holder is aware that Tokios reserves the right to change the specified rates and charges from time to time.

5. The Account Holder agrees to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. Account Holder is responsible for security of its password. Tokios will not change passwords to any account without proof of identification, which is satisfactory to Tokios, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Tokios. will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Tokios be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Tokios from any and all Claims arising from such ownership disputes. The terms of this Section will survive any termination of this Agreement.

6. The Account Holder agrees not to harm Tokios, its reputation, computer systems, programming and/or other persons using Tokios's services. Tokios reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by Tokios are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate it's website. Tokios will refund any unused portion of prepaid services. If the Account Holder refuses to comply with this Section, then Tokios has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder. The Account Holder agrees to indemnify and hold harmless Tokios and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by Tokios. The terms of this Section will survive any termination of this Agreement.

7. The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Tokios.

8. If the Account Holder sells or resells advertising or webspace to a third party then the Account Holder will be responsible for the contents of that advertising and the actions of that third party. Tokios has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Tokios Acceptable Use Policy. The e-mail distribution by the Account Holder of "SPAM", "JUNK MAIL", or "UNSOLICITED COMMERCIAL E-MAIL", is expressly prohibited. If the Account Holder refuses to remove any advertising or other third party content deemed objectionable by Tokios, Tokios may terminate the services being provided to the Account Holder.

9. Tokios will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Tokios be liable to the Account Holder for any damages resulting from or related to any failure or delay of Tokios in providing access to the Internet under this Agreement. In no event shall Tokios be liable to the Account Holder for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Tokios under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive any termination of this Agreement.

10. This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A Tokios account may not be transferred without prior written approval from Tokios. The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of the Tokios services, including any damages resulting therefrom, until the Account Holder notifies Tokios customer service.

11. If Tokios assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the Tokios services, the right to use that Internet Protocol address will remain with and belong only to Tokios, and the Account Holder will have no right to use that Internet Protocol address except as allowed by Tokios in its sole and absolute discretion.

12. This Agreement constitutes the entire agreement between the Account Holder and Tokios. with respect to the Tokios services and supersedes all prior agreements between the Account Holder and Tokios. Tokios's failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.

13. The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party.

Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.

14. The Account Holder agrees to indemnify and hold Tokios harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Tokios will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement. The rights and responsibilities established in this paragraph will survive any termination of this Agreement.

15. Tokios may include the Account Holder's name and contact information in directories of Tokios service subscribers for the purpose promoting the use of the services by additional potential clients. However, Tokios is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.

16. The interpretation and enforcement of this Agreement shall be governed according the laws of the state of Florida (excluding its choice of law rules) and the federal laws of United States applicable therein. The Account Holder hereby consents to personal jurisdiction in the federal and provincial courts of Orlando, Florida for any action arising out of or relating to the Account Holder's use of the Tokios services. The federal and provincial courts of Orlando, Florida will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney's fees. The terms of this Section will survive any termination of this Agreement.

17. Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery or by mail. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested; with all postage and charges prepaid. All notices and other written communications under this Agreement shall be addressed to the individuals in the capacities indicated below, or as specified by subsequent written notice delivered by the party whose address has changed.

18. Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Tokios has been forced to create its no adult sites policy for its virtual server users.

19.Tokios may temporarily deny service or terminate this Agreement upon the failure of Account Holder to pay charges when they become due. Such termination or denial will not relieve the Account Holder of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

What does Tokios consider "Adult Material?"

Any site whose revenue is gained in part or whole from its adult content.

Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.

Revenue-generating hyperlinks to sites who violate policy #1.


Why does Tokios have this policy?

Bandwidth and Resources
A virtual server is a shared environment where many servers reside on each particular machine. This being said, consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our servers fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.

Tokios reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.
 

Trademarks

All trademarks, trade names or company names referenced herein are used for identification only and are the property of their respective owners.

Copyright

Except where otherwise specified, the contents of this site are copyright © 2002 by Tokios.com. All rights reserved.

Warranties and Disclaimers

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN AN AGREEMENT BETWEEN YOU AND Tokios.com, ALL INFORMATION AND SOFTWARE ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Tokios.com ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR SOFTWARE OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE. REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. IN NO EVENT SHALL Tokios.com BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION.

THIS WEB SITE COULD INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN; THESE CHANGES WILL BE INCORPORATED IN NEW EDITIONS OF THIS WEB SITE. Tokios.com MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEB SITE AT ANY TIME.