Saber Web Hosting ...providing cutting edge hosting for your site

The Legal Stuff...Because You Need to Know..

This agreement represents the complete agreement and understanding between Saber Web Hosting and the customer and supersedes any other written or verbal agreement. Upon notice published on-line via saberwebhosting.com, Saber Web Hosting may modify these terms and conditions, clarify them, and/or modify the prices, as well as discontinue or modify the services offered.

Service is defined as - ANY act of serving the Customer, by Saber Web Hosting, regardless of its duration and whether it's a paid service or a free service.

  • Without limiting the scope of the item above, Saber Web Hosting will provide services on its host computing systems to individual Customers in exchange for payment of fees and compliance with the terms and conditions of this document.
  • Saber Web Hosting Services are defined as the use by the Customer of computing, telecommunications, software, and information services provided by Saber Web Hosting. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Internet.
  • For existing customers only, Saber Web Hosting will publish a notice of fee increases at least 30 days before such increases take effect.

    Adult sites, sites with adult-oriented links, sites that promote hatred, racism, or discrimination, and sites that promote illegal or fraudulent activity are banned from our service. There are NO Exceptions.

    Saber Web Hosting accounts may not be used as public file archives. You may include files for downloading by visitors but accounts with large numbers of files, whose primary purpose is the providing of those files will be considered archives and be deactivated. This policy does not affect 99.9% of web sites, and the 0.1 percent that it affects generally know who they are. Please feel free to ask if you are unsure.
  • Saber Web Hosting accounts may NOT be used to distribute MP3 files.
  • Saber Web Hosting's setup fee (if applicable) does not include the Domain Name charge, or any other regional registrar's domain registration fees. These fees are the responsibility of the Customer.
  • As provided by United States federal law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using Saber Web Hosting services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor can the author attribution notices nor the copyright notices be modified.
  • The Customer agrees to maintain a secure password to his/her account. Secure passwords are those that are between 5 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. Sharing passwords with other individuals is strictly prohibited.
  • The Customer agrees to use the services provided by Saber Web Hosting as permitted by applicable local, state, and federal laws. The Customer agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
  • Saber Web Hosting reserves the right to refuse service to any new or existing customer for any reason and to provide a pro-rated refund to the Customer.
  • Saber Web Hosting reserves the right to cancel service to any existing customer found to have seriously violated these terms. In such cases Saber Web Hosting will NOT refund any remaining account balances, in fact the Customer may be held liable for certain additional expenses caused by their violation of these terms.
  • The Customer is solely responsible for any legal liability arising out of, or relating to, his/her web site at Saber Web Hosting. The Customer represents and warrants to Saber Web Hosting that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not:
    • violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or
    • contain any material that is: unlawful, harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. Customer agrees to indemnify and to hold Saber Web Hosting, and any third party entities related to Saber Web Hosting, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to: The Customer's breach of any of the forgoing representations and warranties, or any other third party claim with respect thereto.

The Customer understands and agrees that hosting of the Customers' web site is at the sole discretion of Saber Web Hosting. Saber Web Hosting may at its sole discretion discontinue web site hosting service to any Customer operating a web site that Saber Web Hosting deems to be in violation of these Terms and Conditions.

  • The Customer agrees to indemnify and hold Saber Web Hosting, its Executives, Directors, Officers, Managers, Employees, Consultants and Agents, owners, harmless from any claims, including attorney's fees, resulting from the Customer receiving Saber Web Hosting services which cause direct or indirect damage to another party.
  • TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL SABER WEB HOSTING BE LIABLE TO THE CUSTOMER FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF SABER WEB HOSTING'S SERVICES, EVEN IF SABER WEB HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SABER WEB HOSTING'S LIABILITY EXCEED THE MONTHLY FEE PAID BY THE CUSTOMER. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF SABER WEB HOSTING'S SERVICES.
  • The Customer acknowledges that Saber Web Hosting makes an honest effort to keep the information available on Saber Web Hosting's systems accurate. However, Saber Web Hosting can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through Saber Web Hosting is at the risk of the Customer.
  • The Customer acknowledges that the information available through the interconnecting networks may not be accurate. Saber Web Hosting has no ability or authority over the material. Saber Web Hosting can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through Saber Web Hosting services is at the risk of the Customer.
  • The Customer understands, agrees and acknowledges that Saber Web Hosting makes an honest effort to provide the Customer with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, Saber Web Hosting can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. The use of these application(s), data and/or information obtained from or through Saber Web Hosting, or any other referred third-party, directly or indirectly, is at the risk of the Customer.
  • Service payments will be submitted in advance of the due dates assigned by Saber Web Hosting.
  • Saber Web Hosting invoices its customers via email for payments due. It is the Customer's responsibility to ensure that Saber Web Hosting has a current email address for billing purposes.
  • Accounts that remain unpaid after their due date are put on "accounting hold" (deactivated) and may not be used. Accounts that remain unpaid 21 days past their due date are automatically deleted.
  • Customer Accounts that are disabled and per the request for the customer are restored to service there will be a $20.00 setup fee plus any services fees due at that time.
  • Email Abuse on our system is not tolerated. The following actions are unacceptable under any conditions:
    • Using Saber Web Hosting Email servers to distribute "spam" email.
    • Advertising a Web Site hosted by Saber Web Hosting, by means of unsolicited email or other unsolicited Advertisements such as (but not limited to) news group posts.
    • Any use of Saber Web Hosting's system resources that disrupts the normal use of the system for other Saber Web Hosting customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, Saber Web Hosting forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot and/or proxy (including, but not limited to, bnc and eggdrop) and the storage and use of any type of software intended for hacking/cracking purposes.
  • Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have their account suspended by Saber Web Hosting Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with Saber Web Hosting Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service re-connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager.

Violations of any of the Saber Web Hosting conditions of use are unethical and may be criminal offenses. You are expected to report to Saber Web Hosting any information you may have concerning instances in which the conditions of use have been or are being violated. When Saber Web Hosting becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Saber Web Hosting may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a re connection charge.

Saber Web Hosting reserves the right to reject mail to or passing through a Saber Web Hosting hosted domain or any Saber Web Hosting computer from any user, domain, provider, IP address/netblock, or company that engages in, permits, or allows itself to be used for SPAMMING as defined. A list of such rejection filter(s) will be made available to the customer per their request.

  • Saber Web Hosting reserves the right to interrupt service periodically for maintenance. Saber Web Hosting will do its utmost to provide 24 hours a day, 7 days a week service.
  • The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the Customer may not assign or delegate its rights and obligations under his business relationships with Saber Web Hosting, either in whole or in part, without the prior written consent of Saber Web Hosting. Saber Web Hosting may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, sale of all or substantially all of Saber Web Hosting's assets or other corporate reorganization.
  • Any Agreement, arising from the business relationships between Saber Web Hosting and the Customer, will be governed by and construed in accordance with the laws of the State of South Carolina (US), without reference to its conflicts of laws principles. Customer agrees that any litigation or arbitration between the parties will take place in South Carolina (US), and consent to personal jurisdiction and venue in that State. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.
  • These Terms & Conditions constitute the full and complete understanding and agreement of the Customer and Saber Web Hosting, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by the Customer, will be effective only if accepted in writing and signed by Saber Web Hosting.
Saber Web Hosting
Copyright 2007 Saber98 Technologies, LLC.