YOUR SUCCESS STORY is our goal!

Terms & Conditions | Design Policy | Hosting Policy | Privacy Statement

Hosting Policy

Noon-an-Night maintains strict use of its hosting services. We typically only host web sites which we have either designed and/or maintain for the client. We typically do not provide outside design companies access to our server. You personally may acquire FTP access for routine backups, but

Noon-an-Night is to be responsible for maintenance of your site as needed unless negotiated otherwise. This insures the highest level of security to all of our clients. We may charge a nominal fee for all maintenance and updates but this is based on the requested change. In some cases updates may be free of any fees. We feel we are very fair on this issue. If you have questions feel free to ask us.

Hosting is provided on a yearly basis paid in full in advance. At our low rates we can not afford to refund any portion of your payment passed 30 days of activation. By activating your account with Noon-an-Night Design Services, Inc. you agree to these Online Policies.
Hosting packages are charged a one time setup fee this entails the following services. Service fees cover; updating DNS information, setting up the server to allow ftp access and web space for one domain, and email accounts based on each account. The setup fee will be charged after you initially setup and pay us your hosting fees. The reason we charge a setup fee separately is that each site may have different needs and can not be determined in full until setup is complete. By activating your account with Noon-an-Night Designs you agree to these terms.

Termination of Service
Termination by Noon-an-Night may be for any reason at anytime and without warning. Termination may be made after the 15th day of any overdue account(s) or due to any outstanding balance(s). Termination may occur immediately and without notice however this should only result after emailed invoices and reminders by our billing department have gone unnoticed or without response.
Termination by client may be made at anytime after the request was reviewed by Noon-an-Night. The client will be responsible for any fees prior to the termination of the account and will remain responsible for any prior balances on their account despite the reasons for the cancellation. It is the sole responsibility of the client to secure all files, domain, email, and DNS issues before the cancellation of service.

It is the client’s responsibility to know when their account(s) will expire and Noon-an-Night can not be held liable for any lack of knowledge of the client. The client will be held liable for any past due amounts up to the date of termination. The client is responsible for previously securing all data & email prior to termination. Noon-an-Night can not be held liable for any lost data resulting from hosting account(s) termination, immediate or otherwise.

Technical Support Calls
In the event technical support is requested or required due to any reason involving a clients account that technical support call may be charged to the client if the service call is not due to any problem with our server, hardware, software, or network. If a support call results in findings that clearly indicate the problem was the result of 3rd party servers, networks, and end user issues, or any other reason outside of the control the client will be responsible for all charges resulting from that service call. If the technical support call involves a problem with our server and within our direct control than the call may not incur any fees. This is at the discretion of Noon-an-Night Designs.

99.9% Guarantee
Currently we have had 100% uptime over the course of months spanning from Feb 4, 2005 to Feb 4, 2006. Our personal web site runs under the same system your site will run so you can be sure it is very important to us to keep our system up and running smoothly. We strive to provide the highest level of professional service on all levels. We stand behind our service with the following guarantee. If your site becomes unavailable to the public due to Noon-an-Night Design Services, Inc. owned equipment or software for more than 5 consecutive week days we will refund the monthly value of your hosting package minus any bandwidth costs that may have already been incurred.

Uptime is monitored by our own logs and Internet Seer and all refunds will be based on the technical records of our servers being connected to the internet. An isolated incident of one domain is not covered by this guarantee. Interruption of email service is not covered by this guarantee.

Unlimited Use
These rules are designed to prevent those few who would take advantage of the plan (at everyone else's expense) from doing so. We're sure you'll agree, the rules are, well, just plain common sense.

The Unlimited Plan, by its nature, is subject to a number of differing and/or additional terms. Noon-an-Night provides the unlimited space and unlimited transfer in good faith to our Customers so that they may create their web sites without the fear of running over their web space or Web traffic allocation. While most Customers will use the extra web space and traffic for their legitimate web site needs, we recognize that others may try to take advantage of our offer and use the space and traffic in ways for which it is not intended. In the best interests of our Customers and in an effort to maintain the integrity of our service, the following common sense rules will apply:

1. Customer's site must use and store only the information and data that relates to the web site, at the IP address provided by Noon-an-Night.

2. Customer may not resell or give away Web space under a domain name, nor may Customer build web sites that house "sub domain" web sites on behalf of other companies, groups or individuals unless you are a Noon-an-Night reseller, abiding by Noon-an-Night's Reseller rules. Customers who wish to resell Noon-an-Night's Web space should utilize Noon-an-Night's Reseller Program.

3. Customer may not use Customer's web site to store web pages, files or data for other IP addresses or domain names, nor may Customer use its web site as a repository for file, data or "Warez group" download transfers. Noon-an-Night reserves the right to make this determination, in its sole and absolute discretion.

4. Customer may not use its web site as a storage area for files that are not linked to Customer's web pages. Our hosting packages are dedicated to files specifically related to our user's web site, not for personal file storage.

5. Noon-an-Night's "traffic and storage" offer is to provide Noon-an-Night's customers with storage space and bandwidth for active web pages and cannot be used as a "storage space" for electronic files. Examples of sites that fall under "electronic storage" are large archives of images, compressed files, movies, or sound files. The All HTML pages MUST be linked to files (HTML, .jpg, .gif, etc.) stored on Noon-an-Night's server and vice versa.

6. Noon-an-Night does not permit sites in the Unlimited Plan where 20% or more of the monthly traffic is from file downloads, or sites that use more than 10% of system resources, or sites which in Noon-an-Night's view are detrimental to the enjoyment of Noon-an-Night's other clients, detrimental to network or business operations.

7. CGI/PERL chat, JAVA chat or any other chat scripts are also not allowed and are considered an abuse of unlimited bandwidth. Any CGI/PERL, JAVA or any other scripts that consume large amounts of CPU usage or memory are also not permitted under our standard hosting packages. Unless negotiated otherwise or installed by Noon-an-Night directly.

8. Real Audio/Video is permitted for clients who have elected and ordered our Real Audio/Video package. All Real Audio/Video packages have traffic and data storage measured and metered independently from Web hosting plans. All Real content must be stored on the designated Real server and subject to Excessive Traffic guidelines.

9. Excessive Traffic to your site may cause additional bandwidth to be consumed and you could be liable for this additional level of service to be provided. Excessive traffic is caused by web sites that provide downloadable images, audio, video to mass number of visitors. If you begin a major campaign to market your site this could cause excessive traffic which may cause additional bandwidth consumption which you would be responsible for as our client. Most sites do not require more than our standard bandwidth limitations.

***IMPORTANT NOTE FOR SITES WITH VIDEO AND AUDIO
Bandwidth above the basic allocation will be charged at a rate of $4.5 per gig. Measurements are based on the 95 percentile method and averaged over a 30 day period.

WHAT IS TRAFFIC?
We monitor the bandwidth used over your Ethernet port by sampling the byte counters on that port once every 5 minutes. This gives us an accurate and up-to-date picture of the bandwidth you use hourly, daily, and monthly. If, at the end of the month, your average usage is more than the basic co-location allotment, we will assess a charge for that excess. Our assessment is based on either your input usage or your output usage, whichever is greater.
Our base hosting packages vary. But what if you have a media-intensive site that needs more than the basic allotment it can be arranged.

If you have audio or video running on your web site you should be aware of bandwidth limitations and traffic usage on your site. If you expect to use significantly more than the base bandwidth allocation, we ask that you provide us with reasonable forecasts and a retainer against that forecast. If your daily average usage exceeds your forecasted amount, we reserve the right to rate-limit your usage. Note that this agreement with other customers protects your availability of bandwidth, as your agreement protects theirs.

Contact Information

If users have any questions or suggestions regarding our privacy policy, please contact us at:

Corporate Sales Office
info@ppcmanagementconsulting.com