NightSky Support : Terms Of Service
Moderations of Use:
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.
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.
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:
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.
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:
Termination of Service:
|Dedicated Server Specific|
Service Term Information:
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.
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.
|Web Hosting Specific|
Service Term Information:
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.
If you have any questions about this terms of service, please email us.
©1996 - 2013 NightSky Hosting, Inc.