NightSky Support : Terms Of Service

Email Services:
NightSky communicates with customers primarily via email. You agree that sending a message to your contact email address is our agreed upon means of providing notification. You can change your contact email address in our Account Manager ( http://www.NightSkySupport.com/am/ ), and choosing "Your Information" from the menu. This email account is used to communicate vital information about your services, billing, service outages, and enhancements or changes to your existing services. This information is time-sensitive in nature. It is required that you read any email sent to your account to avoid any potential interruptions in your service.

Moderations of Use:
NightSky believes in the right of the individual to publish information they feel is important to the world via the Internet.

Any service that causes a disruption in the network integrity of NightSky or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of service. NightSky reserves the right of final discretion.

NightSky has a strict policy regarding network abuse. If you use your NightSky account to distribute unsolicited commercial or bulk email (spam), harass, defraud, hack or otherwise attempt to gain unauthorized access to any systems, networks or accounts, NightSky reserves the right to suspend and/or terminate your account and all NightSky-provided services immediately, without advanced notice. In addition, sending unsolicited commercial email (spam) from other networks that promotes domains or items hosted on NightSky's servers will cause the immediate closure of all services provided by NightSky. NightSky reserves the right, at its sole discretion, to make a determination of what constitutes abuse and you agree that NightSky's determination is final and binding on you. In the case of your account being terminated for the above reasons, any and all money paid cannot be refunded, and any amounts due (including overage charges) will be charged.

You are ultimately responsible for any and all activity that originates from your servers and/or account regardless of your knowledge of such activity. This also applies to security breaches of your own system by others who launch attacks from your machine.

In addition to the above, you may not use any of NightSky's services to do the following:

 - Publish materials exploiting children under 18 years of age.
 - Maintain a constant connection to internet relay chat (irc) servers (i.e. bots)
 - Publish materials promoting illegal activities
 - Promote any multi-level marketing schemes
 - Publish or make available information or programs that violate copyright or intellectual property laws.

Password Policy:
Protect your account by guarding your password carefully. You are responsible for all use of your account(s) and for the confidentiality of any password selected by you. NightSky will suspend or modify your account(s) as soon as practical after notification from you that a password has been lost, stolen or otherwise compromised. You must notify NightSky immediately if you believe your account may be compromised.

In addition, NightSky requires that both your username and password be secure. We will not allow easily guessed usernames or passwords, common usernames/passwords or usernames/passwords that would be easy to attack via a dictionary attack. We require that your password be at least 8 letters long and have a combination of upper and lower case letters and numbers.

Pricing Policy:
If NightSky's standard price for your specific service package drops, your monthly payment will also drop automatically. This will allow you to continuously receive NightSky's most competitive price for your package.

In the event that NightSky's pricing increases, your price will remain at the price set for the rest of your term. NightSky does have to option to raise prices, but will do so to existing customers only as a last resort.

Account Billing and Invoicing:
Billing will commence on the date your account is setup on our servers, regardless of if you are actually using any of our services. You will be financially responsible for all service time thereafter unless NightSky is notified within a timely manner of an outstanding issue which NightSky deems to justify service credit or payment suspension. All additions to your existing service package are recognized as non-refundable regardless of usage. All subsequent invoices for add-on services will be integrated with your regular monthly invoice.

NightSky monitors disk and transfer usage for its customers, as outlined in the plans they subscribe to. Any overages in disk usage or transfer usage will cause a monthly fee (overage fee) to be paid by the client. The amount of the overage fee is dependent on the usage of the item by the customer. Currently, disk space overages are set per plan, and data transfer overages are $3 per Gigabyte (1024*1024*1024*8 bytes). All data transferred, including data sent by web requests, by email messages and by FTP transfers, is subject to the data overage fee. An invoice will appear on the first of the month for these overages and are to be paid by the client at his next billing interval.

NightSky charges for its service continuously regardless of whether or not you are using it due to the fact we continue to maintain your connection, maintain the servers, accept mail and keep files you have saved in your account on our servers. This is also true of accounts that are Frozen (denied access) due to non-payment.

Accounts Receivable:
Accounts are payable on the Expire Date of your account. You will be notified of a pending expiration 1 week prior to your account's Expire Date. If you have selected auto-renewal and provided a valid credit card, your account will automatically be invoiced and your credit card charged on your Expire Date, and your account will automatically be renewed for the same term length as the previous term. For example, if you purchased a 6 month plan that expires on August 10th, you will automatically be renewed for another 6 month plan and your expire date will be set to February 10th of the next year. If you do not have auto-renewal on your account, you will be reminded one week before, the day of, and one week after your expire date. The day after your account expires, your account will then become delinquent, and may be subject to additional fees. If a payment in any form is recovered or otherwise not paid by your financial institution, there will be a Returned Payment Fee.

If you account becomes delinquent for more than one month, NightSky will terminate service to all aspects of the clients data, including but not limited to sending and receiving emails, FTP, and all web traffic.

If your account becomes delinquent for two consecutive months, your account will be frozen. At that time all data will be erased from our servers, and access to such items will be lost.

If you wish to reinstate service with NightSky, you will be required to pay all outstanding charges from the inception of your service continuously to the current month, which is always paid in advance. If your account is permanently deleted, your username may be reassigned. If you wish to reinstate your account, you will be subject to any and all installation and setup charges in effect at the time of order placement, as well as any pertinent outstanding charges from your former account.

Liability and Limitations:
NightSky is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person may suffer and claim against you resulting from the following: use, misuse, or service outage; your actions or activities, whether legal or illegal; the actions or activities of any other NightSky customer, whether legal or illegal; or any other goods or services provided by NightSky or any of its vendors. In no event shall NightSky be liable to you under this Agreement or in relation to any matters in any way connected with this Agreement in an amount that exceeds the service fees you have paid in the preceding year.

Termination of Service:
NightSky has the right to terminate your service at its sole discretion, as determined by NightSky's Moderations of Use. However, NightSky will warn you first of any decision to terminate your service. This warning need only be transmitted via email to be considered sent. Only in extreme cases will NightSky terminate service without notice.

Service Term Information:
NightSky requires all dedicated server customers to commit to at least a 6-month concurrent service term. This term is required in order to offset associated costs of service acquisition, and for NightSky to offer innovative server packages and service features for a sustained period of time. Your 6-month service term begins once your server is up and running, referred to as your Installation or Activation Date. All installations are subject to a new 6-month service term.

IP Allocation:
All plans come with one IP as a part of your server contract. All additional IPs are an additional price.

Service Guarantee:
NightSky will do its best to maintain the server. When delivered, the server will be fully functional to the clients specifications, or to a standard setup. NightSky will maintain the server, including power, Internet connection, the physical server (case), and the software installed upon delivery. Any additional software installed by the client is the sole responsibility of the client. NightSky is not responsible for any software or content provided by the client, including bugs, security failures, or unplanned actions by said software. If any client installed software causes the server to fail in any way, client shall be billed for the service technicians time, at prevailing industry rates.

Disconnection Policy:
It is the responsibility of the account holder to notify NightSky of cancellation on the requested date via phone or email (disconnect@nightskyhosting.com). Cessation of payment does not constitute notification of cancellation.

PRIOR TO ACTIVATION - Cancellations within 24 hours of order placement will not be subject to penalty. Requested cancellations after 24 hours from initial order placement will be subject to a Processing Fee. This fee will include the technicians time in setting up your server.

FOLLOWING ACTIVATION - There is no refunds available for cancellations short of the service period.

Firewall Service:
Firewall service does not provide complete protection against attacks, and is offered to reduce vulnerability, and allow NightSky's Abuse Department to proactively prevent large scale attacks across the network. NightSky is not liable for breaches of security on individual machines, as overall security requires a regimen of patches, updates, and auditing, which is the responsibility of the customer and cannot be guaranteed. NightSky is not liable for any damage, loss of data, or interoperability problems caused by the software itself.

NightSky is responsible for upgrading client software installed at initial installation, tracking large scale trends, and usage support while reserving the right to refer customers to our vendor for advanced troubleshooting.

Service Term Information:
NightSky requires all web hosting customers to commit to at least a 1 month service term. This term is required in order to offset associated costs of service acquisition, and for NightSky to offer innovative server packages and service features for a sustained period of time. Your 1 month service term begins once your account is up and running, referred to as your Installation or Activation Date. All installations are subject to a new 1 month service term.

IP Allocation:
You may purchase private IPs for your use. Any IPs you purchase are not shared with other customers. Beyond those IPs that you purchase at our current rates, no private IP services are provided on webhosting accounts.

Service Guarantee:
NightSky will do its best to maintain the server. NightSky will maintain all servers the clients data is on, including power, Internet connection, the physical server (case), and the software installed upon delivery. Any content provided by the client is the sole responsibility of the client. NightSky is not responsible for any software or content provided by the client, including bugs, security failures, or unplanned actions by said software. If any client installed software and/or website information and/or any other data uploaded by the client to the server causes the server to fail in any way, client shall be billed for the service technicians time, at prevailing industry rates.

Disconnection Policy:
It is the responsibility of the account holder to notify NightSky of cancellation on the requested date via phone or email (disconnect@nightskyhosting.com). Cessation of payment does not constitute notification of cancellation.

PRIOR TO ACTIVATION - Cancellations within 24 hours of order placement will not be subject to penalty. Requested cancellations after 24 hours from initial order placement will be subject to a Processing Fee. This fee will include the technicians time in setting up your service.

FOLLOWING ACTIVATION - There are no refunds available for cancellations short of the service period. Upon notification, NightSky can give a partial refund for service days not used during the service period. Upon successful transfer of a refund, NightSky will delete all data from its servers that belong to the client, including emails not received and content uploaded by the client. This data is not recoverable.

Shell Accounts:
Some packages include a UNIX shell account accessible from any computer in the world that has Internet access. For security reasons, the client must use secure communications when logging into the computer remotely. In addition, it is your responsibility to ensure that your side of the communication is not breached, or left in such a state where your session can be resumed by a third party via cookies, secure keys or any other mechanism.

Firewall Service:
All servers maintained by NightSky have active firewall protection enabled. Only specific ports are left open for specific services. At no time may a client request or try to open a closed port. If a client does violate the above, then their service may be disconnected without warning.

If you have any questions about this terms of service, please email us.

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