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IMPORTANT NOTICE: *All Payments To NightSaber.net Are Non-Refundable* Except where stated in the policy's laid out unless other wise stating in writing from NightSaber.net . NightSaber.net & Direct Domain Reg, ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of The NightSaber.net Service constitutes acceptance and agreement to NightSaber.net AUP as well as The NightSaber.net TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of NightSaber.net. and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment. This Agreement shall be construed in all respects in accordance with the laws of the United States. All issues involving the courts will be handled in the legal state of business.

01. Disclosure to Law Enforcement
The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition The company NIghtSaber.net & Named Company's In TOS on network sites shall have the right to terminate all service set forth in this Agreement.

02. Support Boundaries
NightSaber.net will provide 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: NightSaber.net provides support related to your server or virtual site physical functioning. NightSaber.net does not offer tech support for application specific issues such as cgi programming, html or any other such issue. The Network does not provide technical support for YOUR customers unless otherwise arranged with the company. It may be at an extra cost that the company will agree to support for your customers. If you can email, we encourage you to email support@nightsaber.net for assistance. If you are able to get online and have other questions, the answers may be on our website we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.

03. SPAM and Unsolicited Commercial Email (UCE)
NightSaber.net as a company takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of NightSaber.net may not use or permit others to use our network to transact in UCE. Customers of NIghtSaber.net & Any related company & that of its resellers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

A. Violation of NightSaber.net SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, NightSaber.net will initiate an immediate investigation (within 48 hours of notification). During the investigation,NightSaber.net may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, NightSaber.net may, at its sole discretion, restrict, suspend or terminate customer's account. Further, NightSaber.net reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. NightSaber.net will notify law enforcement officials if the violation is believed to be a criminal offence.

B. First violations of this policy will result in an "Administrative Fee" of $50 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $125 per hour that NightSaber.net personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

C. As our Customers are ultimately responsible for the actions of their clients over the NightSaber.net Network it is advisable that Customers develop a similar, or stricter, policy for their clients. IMPORTANT NOTICE: BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

04. Network

A. IP Address Ownership: If NightSaber.net assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to NightSaber.net and there suppliers, and Customer shall have no right to use that Internet Protocol address except as permitted by NightSaber.net in its sole discretion in connection with the Services, during the term of this Agreement. NightSaber.net shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by NightSaber.net, and NightSaber.net reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. NightSaber.net at anytime can ask you to supply IP use information and your agree to provide this within 5 working days of NightSaber.net emailing you to your last known address.

B. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). NightSaber.net will monitor Customer's bandwidth and disk usage. NightSaber.net at all times shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in NightSaber.net sole and absolute discretion. If NightSaber.net takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, NightSaber.net may, at its sole discretion, collect a deposit, in an amount determined by NightSaber.net, against customer's credit card on file with NightSaber.net. Bandwidth reads for dedicated servers are always based on RTG / MRTG reading that are on request via our support site. Bandwidth that looks like it will go over your allowed allocation NightSaber.net may ask you without notice for a deposit at anytime if you do not pay a such a request we may restrict your services. Bandwidth over charges are priced at $0.95 Cents per GB at all times except for machines on the BurstNET network which are charged at $4 per GBRTG readings are final on all bandwidth reads. Bandwidth is measured from the 1st of the month to all account holders inc shared & dedicated. You can request a read of your servers RTG at anytime from our support website.

C. System and Network Security: Users are prohibited from violating or attempting to violate the security of the NightSaber.net Network. Violations of system or network security may result in civil or criminal liability. NightSaber.net will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access or the true account holder.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing" This includes any tar / gzip application on shared servers without our consent..
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.

05. Notification of Violation
A. NightSaber.net is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

B. First violation: Any User, which NightSaber.net determines to have violated any element of this Acceptable Use Policy or our Terms of service, shall receive an email, warning them of the violation. The service may be subject at NightSaber.net discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

C. Second Violation: Users that NightSaber.net determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

D. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your account/server/network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

06. Suspension of Service or Cancellation
NightSaber.net reserves the right to suspend network access to any customer if in the judgment of NightSaber.net 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 NightSaber.net 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 officers will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. From 1st August 2004 The company also reserves the right to refuse business from any party without notice giving a full refund to the client excluding used services. The customer is further libel to any data and hold NightSaber.net/ Direct Domain Reg harmless they use the service at there own risk. 14. NightSaber.net reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of NightSaber.net Network 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.

07. Indemnification
NightSaber.net wishes to emphasize that in agreeing to the NightSaber.net Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies NightSaber.net for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to NightSaber.net or the bringing of any claim against NightSaber.net by any third-party. This means that if NightSaber.net is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against NightSaber.net, plus all costs and attorney's fees. At no time will the company be accountable for client fault or 3rd party fault beyond our control. The customer agrees to this policy at all times.( If the customer disagrees with this they will be terminated instantly. And at there own risk. It is encouraged that if a customer disagrees with our policy's or terms that they mail us via postal means only email is not accepted if a customer uses email they do so at there own risk and we are not libel for any type error or reply we give this will be to the best ability we can provide information to.

08. 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. 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.

B. 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.

C. NightSaber.net takes no responsibility for any material input by others and not posted to the NightSaber.net Network by NightSaber.net. NIghtSaber.net is not responsible for the content of any other websites linked to the NightSaber.net Network's links are provided as Internet navigation tools only. NIghtSaber.net 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.

D. NightSaber.net is not responsible for any damages your business may suffer. NightSaber.net does not make implied or written warranties for any of our services. NightSaber.net 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 NightSaber.net. Managed services where a backup solution is provided this is on tape backup only if purchased.

E. It is absolutely forbidden to host child pornographic content on our adult network or any adult content in any way at BurstNET or IRC servers on our NON IRC NETWORK on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund. If you would like irc related services please contact support/sales.

09. Responsibility for Content
You, as a NightSaber.net customer, are solely responsible for the content stored on and served by your NightSaber.net server or account and those of your clients. 18. Abuse Towards Our Staff Abuse Towards our staff or our network staff will not be tolerated, If you use foul language, threaten us, or anything we may find offensive, we may suspend your account, or if we decide it needs to be delete it and offer no refund. Per Our AUP and TOS, We offer No Refunds. Also any abuse etc will result in a instant legal report to local law enforcement agency's In the United Kingdom or United States. Further more we can change our policy at anytime without warning or notice. Further is a customer shows any disrespect towards network staff we will not support them until they can assure us it will not continue. We reserve the right to bill you if we find that you have been rude or find you have been abusive to our staff at anytime. At anytime if a telephone threat is made a customer can be suspended or terminated at anytime as seen fit by the duty network admin. We will always use this policy to ensure safe order of service/staff. Further we can ban you from using instant message contact if you become rude or loud or threaten anyone on our network or staff in anyway we can restrict or delete your account without notice. All other terms are down to discussion with NightSaber.net this is our policy agreement and applies to all customers at all times. Non agreement with this please inform us right away.

Posted May 2008 – NightSaber.net


In addition to our ToU we have a few other quick rules which are listed below. Failure to comply may result in account suspension or termination.

01 - Streaming
We currently do not allow streaming of Audio / Video. Accounts caught will be suspended. Some exceptions may apply so please contact support@nightsaber.net for additional information

02 - Illegal Content
We currently do not host or allow files such as warz, pirated software, Roms or anything else that is illegal. If you choose to host this content your account will be suspended or terminated.

03 - IRC / MIRC
We currently do not allow for chat software to be installed on our server due to the resources it consumes. If found the software will be removed.

04 - All other Scripts
We allow most scripts to be ran and executed however scripts that heavily pound our resources are not tolerable and will be removed.