Terms & Conditions
Terms & Conditions
Nightwalker.biz shall provide its Services to You (Customer) under the Terms and conditions of this Nightwalker.biz-Customer Agreement.
The Agreement is intended to protect both the integrity and liability of Nightwalker.biz. and the Customer.
This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
You understand and agree that the Service is provided “AS-IS” and that Nightwalker.biz assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Customer communications or personalisation settings.
Nightwalker.biz HOSTING SERVICES
1. BANDWIDTH. Each hosting plan include prepaid bandwidth. Additional bandwidth is available. Contact sales department for more information. This bandwidth must be prepaid before using or otherwise the account will be suspended due overbandwidth usage.
2. DOMAINS HOSTED. Nightwalker.biz hosting plans include domain hosting. Each hosting plan has a limit of the domains hosted.
4. DOMAIN REGISTRATION is available at discounted price only with purchasing web hosting account(s). Each web hosting account can use a maximum of one discounted domain name. Domain registrations are final and can not be refunded.
5. DISK SPACE. Additional disk space is available. Payment is accepted only in advance per year. Contact sales for more information.
6. IP ADDRESS. Nightwalker.biz hosting accounts do not include IP address. For many customers IP address is important for starting SSL hosts and that’s why we allow purchasing IP addresses. Payment is accepted only in advance per year. Contact sales for more information.
7. MYSQL DATABASE(S) is/are included in all hosting plans. Additional MySQL databases are available. Contact sales for more information.
8. SSH is not included in hosting plans but it is available on some services. Contact sales for more information.
9. Domain must remain under nightwalker’s reseller control panel and control, failure to do so will result in account termination, and all monies forfeited.
10. All domains are renewable yearly, and must be paid within 7 days, failure to do so will result in suspension and an administrator reinstatement fee of $50.00 payable.
11. Free domain names are only for 1 year, and then full registration cost will occur, and are owned by Nightwalkerbiz until the first year is up then transfer can occur.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Nightwalker.biz Services, you will not use the Nightwalker.biz Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices.
You may not attempt to gain unauthorised access to any Nightwalker.biz Services, other accounts, computer systems or networks connected to any Nightwalker.biz Services, through hacking, password mining or any other means.
You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Nightwalker.biz Services.
Nightwalker.biz reserves the right at all times to disclose any information as Nightwalker.biz deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Nightwalker.biz’s sole discretion.
THIRD PARTY
Any dealings with third parties (including advertisers) included within the Nightwalker.biz Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party.
Nightwalker.biz shall not be responsible or liable for any part of any such dealings or promotions.
TERMINATION
You agree that Nightwalker.biz, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.
YOUR RESPONSIBILITIES
You are solely responsible for the content of your messages. Using the Nightwalker.biz Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.
In consideration of your use of the Service, you agree to:
1. Provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form.
2. Maintain and promptly inform us to update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Nightwalker.biz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nightwalker.biz has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
3. You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to
- immediately notify Nightwalker.biz of any unauthorised use of your password or account or any other breach of security
- ensure that you exit from your account at the end of each session.
Nightwalker.biz cannot and will not be liable for any loss or damage arising from your failure to comply with this.
4. Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination.
Examples include, but are not limited to the following: Unauthorised 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, e-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 newsgroup posting.
5. Customer agrees not to publish on or over its account any information, software or other content which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
6. Nightwalker.biz does NOT allow sites that provide any content, points of distribution, or ‘links’ to sites that:
- infringe on any third party’s intellectual property or proprietary rights, or rights of publicity or privacy;
- violate any law, statute, ordinance or regulation;
- are defamatory, trade libelous, threatening, unlawfully harassing, abusive, pornographic or obscene;
- contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- contain Pirated or Hacking / Phreaking Software (Warez)- Any software that is copyrighted and not freely available for distribution without cost. ROMs, ROM Emulators and Mpeg Layer 3 files (MP3) all fall under this jurisdiction;
- has Adult Sites (content) – Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
7. Customers have access to control panels, it is the customers full responsibility to back up website and domain data, Nightwalker.biz will not be held responsible for any loss of websites or data due to server crash or site cancellation and or deletion.
8.You are not allowed to upload illegal material such as:
Free Accounts. (In forums/websites etc..etc.)
LifeTime accounts.
Child pornography.
copywright infringement
IRC Scripts/Bots .
Proxy Scripts/Anonymizers
/Shells scripts.
Pirated Software/Warez .
Radio/TV/sound board streaming feeds of any kind (this requires a Dedicated Server) only, see our sales team for details.
ffmpeg no live feeds allowed
NO WebCam Streaming .
AutoSurf/PTC/PTS/PPC sites .
IP Scanners.
Bruteforce Programs/Scripts/Applications .
Mail Bombers/Spam Scripts .
eMail Services .
File Dump/Mirror Scripts (similar to rapidshare)
Audio/video Streaming (we have VPS accounts for this)
Commercial Video/audio Streaming is not permitted such as ffmpeg (we have VPS accounts for this)
no live feeds .
Escrow/Bank Debentures .
Sites promoting illegal activities.
9. Any accounts over allowed usage or violating our fair use policy, will be omitted from backups.
10. resellers are responsible for their own clients backups at all times, we do not backup resellers accounts.
Any such cases will be found to violate terms the account will be terminated with or without any notice and no refund issued. Account is to be used for hosting only.
The use of the any unlimited disk space or bandwidth package is subject to the following terms.
1. All accounts must have valid, working websites, no empty directories/root and not violate any previously subscribed terms
2. Accounts are not for use of mass storage of backups, files, audio, video, zip files, or similar
3. Accounts are not for the use of mass distributing of files such as torrents or mirrors
4. No illegal or Unlicensed Software of any type.
5. No Free Web Sites of any type is permitted.
6. No outside scripts from other hosing suppliers not included in our Softaculous/Fantastico suite.
7. Any accounts found to violate these terms will be suspended without notice until the account holder agrees to resolve the issue.
8. Any accounts over allowed usage or violating our fair use policy, will be omitted from backups.
Server Limits
25% cpu and or memory for 3 minutes.
Combined 10% CPU & RAM over 24 hours.
200 email limit per domain per hour.
50 concurrent database connections at one time.
Apache threads to be open no longer then 999 seconds.
Max php session time of 300 seconds or less.
Limits are subject to change at any time.
UNLIMITED PLANS
Unlimited accounts are covered by Acceptable use, which is by our descretion and may change at any time.
What “Unlimited” means.
Nightwalkerbiz Internet does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use.
In good faith and subject to these Terms, Nightwalkerbiz Internet makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber’s use of the service complies with these Terms.
By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites.
As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
What “Unlimited” DOES NOT mean. Nightwalkerbiz Internet employs complex mechanisms to protect its Subscribers and systems from abuse.
Nightwalkerbiz Internet’ offering of “unlimited” services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers.
Nightwalkerbiz Internet’ service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. Nightwalkerbiz Internet’ service is designed to meet the typical needs of small business and home business website Subscribers all over the world. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a VPS or dedicated server.
Nightwalkerbiz Internet will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary at their cost (the client). However, in order to ensure a consistent and quality experience for all Subscribers, Nightwalkerbiz Internet does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Nightwalkerbiz Internet can evaluate said sites resource needs.
Unlimited Hosting Space; excessive MySQL files. Nightwalkerbiz Internet does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber’s website, nor does Nightwalkerbiz Internet charge additional fees based on an increased amount of storage used, provided the Subscriber’s use of storage complies with these Terms. Please note, however, that Nightwalkerbiz Internet service is designed to host websites. Nightwalkerbiz Internet does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber’s account, with or without notice.
Accounts with a large number of files (inode count in excess of 50,000) can have an adverse affect on server performance.
Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 400MB total MySQL/PostgreSQL usage or 400MB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server.
Nightwalkerbiz Internet may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber’s account, with or without notice.
Unlimited File Transfer.
Nightwalkerbiz Internet does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Nightwalkerbiz Internet charge additional fees based on increased use of bandwidth, as long as the Subscriber’s use of the Services complies with these Terms. In most cases, a Subscriber’s web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Nightwalkerbiz Internet reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
Unlimited Domain Hosting. Nightwalkerbiz Internet does not set arbitrary limits on the number of domain names a Subscriber can associate with the Subscriber’s web hosting account.
User may not:
Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
Run cron entries with intervals of less than 15 minutes.
Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
To help reduce usage, do not force html to handle server-side code (like php and shtml).
Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
usage Limit
Any shared account using more than 2 GB of disk space will be removed from our off site.
Bandwidth usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Any Unlimited plan shared account using more than 2 GB of bandwidth will be removed from our server system.
Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Our Complaints team will be more than happy to investigate any potential breech of this policy and rectify it as required. You can register concern with our complaints department using any of the means identified below, or by submitting a ticket to the complaints department via our support system in your client area.
SPAMMING IS PROHIBITED
We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
- the bulksending of unsolicited messages, or the sending of unsolicited e-mails which provoke complaints from recipients
- the sending of junk mail
- the use of distribution lists that include people who have not given specific permission to be included in such distribution process
- posting commercial ads to USENET newsgroups that do not permit it
- posting articles containing binary encoded data to a non-binary newsgroups
- excessive and repeated posting off-topic messages to newsgroups
- excessive and repeated cross-posting
- e-mail harassment of another Internet Customer or Customers, including but not limited to, transmitting any threatening, libelous or obscene material, or material of any nature which could be deemed to be offensive
- the e-mailing of age- inappropriate communications or content to anyone under the age of 18.
COPYRIGHTS
Copyrighted material must not be placed on Customer’s account without the permission of the owner(s) or person(s) they specifically authorise. Only the owner(s) or such authorised person(s) may upload copyrighted material to the account.
Upon our receipt of notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will have no liability to any Customer of the Services for the removal of any such material.
Service Levels
We will endeavour to maintain network stability and satisfactory service levels, however you
irrevocably agree that:
We may from time to time perform routine maintenance, service and upgrades. We will endeavour to act on such instances at the most convenient times and provide reasonable notice by any means we deem satisfactory.
We may experience outages beyond our control caused by any of the following; force majeure (any ‘act of god’ including those induced by negative human activities), war, invasion, act of hostilities, civil war, rebellion, military power or confiscation, terrorist activities, nationalism, governmental/quasi-governmental sanction, restraint, embargo, prohibition or intervention, blockage, labour dispute, general strike, lockout or failure of utilities (electricity, telephone, etc), failure of hardware (our hardware as well as third party), failure of software, failed software or hardware upgrade or any other failure as caused by us, our suppliers or any third party
We may, at our discretion provide notification of outages whether planned or unplanned.
You release us from any claim or potential claim with relation to outages and any loss of business/service suffered by you or any third party.
A summary of our billing policy is:
1. Tax Invoice Issued to Billing Email Address – 14 days before due date/domain renewal required, except in the case of PayPal subscription service
2. Invoice Reminder Sent – 1 day after due date
3. Late Fee Applied and Invoice Reissued – 5 days after due date
4. Second Overdue Reminder Sent – 5 days after due date
5. Account suspended – 5 days after due date
6. Third Overdue Reminder Sent – 14 days after due date
7. Account Terminated – 30 days after due date
Billing Policy
NightwalkerBiz has a strict 7 day payment terms on hosting accounts and domain name renewals. All invoices are issued 14 days before the renewal date; and a late fee of $10 is added to your invoice if your account becomes 5 days past due.
A summary of our billing policy is:
1. Tax Invoice Issued to Billing Email Address – 14 days before due date/domain renewal required
2. Invoice Reminder Sent – 1 day after due date
3. Late Fee Applied and Invoice Reissued – 5 days after due date $10.00
4. Second Overdue Reminder Sent – 5 days after due date
5. Account suspended – 5 days after due date
6. Third Overdue Reminder Sent – 14 days after due date
7. Account Terminated and deleted – 30 days after due date
All NightwalkerBiz invoices are emailed to your billing contact.
NOTE: NightwalkerBiz will NOT send you an invoice in the mail.
Account suspensions/unsuspensions are done weekdays between 2pm – 4am AEST.
New orders won’t be processed without payment being received in full;
therefore its recommended domain names are renewed or registered using a credit card via PayPal to secure your domain and to ensure no delays arise due to using an incorrect payment description due to doing a bank transfer incorrectly.
Its recommended that all clients use the invoice number as the payment reference to appear on our bank statement; comments of “web hosting” or “nightwalkerbiz” are not very useful to us and we’d much rather know where the monies came from so we can apply it to your account.
Most Internet banking interfaces allow for a comment/description to appear on your statement and a different comment/description to appear on ours.
If you could use the invoice number as the description on ours it would make our life easiler. If your bank is a little behind the times with its Internet banking interface you can use “Inv _____ hosting” or something similar – this is perfectly OK; having the invoice number somewhere makes it easiler for our accounts people to find your payment.
Its also very useful to let us know if your paying by cheque;
so we can extend the due date on the invoice to allow a few extra days to process and present your cheque to our bank; and to also stop our system from sending you a late fee.
Cheques are expensive to process; so if your company has the ability to use Internet banking please do a bank transfer into our account found on your invoice.
If your account is suspended over the weekend/public holiday by our automated billing system and you need to make credit card payment via PayPal please login to our Customer Portal. NightwalkerBiz can’t reactivate an account or renew a domain without receiving full payment.
If your experiencing payment troubles please contact our accounts team well before the due date and we can come to an arrangement.
Please report any violations of the Terms of Service to abuse@nightwalker.biz