Terms of Service

Important Notice: *All Payments To Sago Networks Are Non-Refundable* Sago Networks, Inc. ("The Company") agrees to furnish services to the Customer, subject to the following TOS (Terms of Service). Use of Sago Networks Service constitutes acceptance and agreement to Sago Networks's AUP as well as Sago Networks's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Sago Networks, Inc. and AUP (Acceptable Use Policy).The AUP may be changed from time to time at the discretion of the Company. Customer 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 state of Florida, county of Hillsborough applicable to contracts enforceable in that state. Venue will be Hillsborough, Florida.

Disclosure to Governmental Agencies and Law Enforcement: The AUP specifically prohibits the use of Sago service for illegal activities. Therefore, Customer agrees that the Company may disclose any and all Customer 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 Customer. In addition Sago Networks shall have the right to terminate all service set forth in this Agreement.

Bandwidth Overages: Customers are provided stated amount of bandwidth each month. Overages are billed at a rate of $.50 per GigaByte over the allocated amount.

Service Rates: Customer acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Customer. Customer is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. All accounts and services provided by Sago Networks are subject to the current tax rate as imposed by the City of Tampa, County of Hillsborough, State of Florida which is currently 8.25%.

Payments and Fees: Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $50 reconnect charge and reconnection is at Sago's sole discretion. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Sago Networks may be turned over to an outside collection agency for collection. If your Sago account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your Sago account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes: All payments to Sago Networks, Inc. are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 10 days of the time the dispute charge occurred. If you dispute a charge to your credit card issuer that, in Sago Networks's sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Sago Networks an "Administrative Fee" of not less than $50 and not more than $150.

Failure to Pay: Sago may temporarily deny service or terminate this Agreement upon the failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation: All requests for canceling accounts must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to

or you may email This e-mail address is being protected from spambots. You need JavaScript enabled to view it or fax the cancellation request to 813-839-4966. You must have all account information to cancel. Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Customer agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Customer further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

New Domain Accounts: All new webhosting accounts involving new domains will be set up and entered into Sago DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by Sago Networks, Inc. on behalf of the account holder a handling fee will be incurred.

Transfer of Domains: New webhosting accounts which involve the transfer of a domain from another provider to Sago Networks, Inc. will require a minimum of seven (7) days to be set up and entered into Sago DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Sago Networks, Inc. on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

Support Boundaries: Sago Networks, provides 24 x 7 technical support to Sago Customers (except for few holidays and short company meetings when we close Sago's Datacenter center.) We limit Sago technical support to Sago's area of expertise. The following is Sago guidelines when providing support: Sago Networks provides support related to your server, internet access connection or virtual site physical functioning. Sago Networks does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Sago Networks does not provide technical support for YOUR customers. If you can email, we encourage you to email This e-mail address is being protected from spambots. You need JavaScript enabled to view it for assistance. If you are able to get online and have other questions, the answers may be on Sago Networks home page at http://www.sagonet.com/ - 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.

SPAM and Unsolicited Commercial Email (UCE): Sago Networks takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over Sago network. Very simply this means that customers of Sago Networks may not use or permit others to use Sago network to transact in UCE. Customers of Sago Networks 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. Violation of Sago Networks SPAM policy will result in severe penalties. Upon notification of an alleged violation of Sago SPAM policy, Sago Networks will initiate an immediate investigation (within 48 hours of notification). During the investigation, Sago Networks may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of Sago SPAM policy, Sago Networks may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Sago Networks reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Sago Networks will notify law enforcement officials if the violation is believed to be a criminal offense. First violations of this policy will result in an "Administrative Fee" of $250 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 $175 per hour that Sago Networks personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account. As Sago Customers are ultimately responsible for the actions of their clients over the Sago Networks network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE: Anyone hosting websites or services on their server that support spammers or cause any of Sago IP space to be listed in any of the various Spam Databases will have their server immediately removed from Sago 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 Sago network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from Sago network without notice.

Network IP Address Ownership: If Sago Networks assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Sago Networks, and Customer shall have no right to use that Internet Protocol address except as permitted by Sago Networks in its sole discretion in connection with the Services, during the term of this Agreement. Sago Networks shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Sago Networks, and Sago Networks reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Sago allocation of IP addresses is limited 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.

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"). Sago Networks will monitor Customer's bandwidth and disk usage. Sago Networks 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 or disconnection.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the Sago Networks Network. Violations of system or network security may result in civil or criminal liability. Sago Networks 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:

• Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
  

• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  

• Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
  

• Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such User is not entitled.
  

Notification of Violation: Sago Networks 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 Sago AUP to monitor or police Internet-related activities.

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

• Second Violation: Users that Sago Networks 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. 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 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.
  

Suspension of Service or Cancellation: Sago Networks reserves the right to suspend network access to any customer if in the judgment of the Sago Networks 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 Sago Networks 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 will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended. Sago Networks reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Sago Networks 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.

Indemnification: Sago Networks wishes to emphasize that in agreeing to the Sago Networks Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Sago Networks for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS, that results in loss to Sago Networks or the bringing of any claim against Sago Networks by any third-party. This means that if Sago Networks is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Sago Networks, plus all costs and attorney's fees.

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 waiver by the Company of any breach of any provision of this Agreement by Customer 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. Customer 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 Customer. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

Sago Networks takes no responsibility for any material input by others and not posted to the Sago Networks Network by Sago Networks. Sago Networks is not responsible for the content of any other websites linked to the Sago Networks Network; links are provided as Internet navigation tools only. Sago Networks 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.

Sago Networks is not responsible for any damages your business may suffer. Sago Networks does not make implied or written warranties for any of Sago services. Sago Networks 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 Sago Networks. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content: You, as Sago Networks's customer, are solely responsible for the content stored on and served by your Sago Networks server.

Privacy Policy: Sago Networks, does not collect any personal or identifiable information about you when you visit our website, unless you choose to contact us directly. We then only have the information available to us which you provide. Sago Networks does not share this information with any third party companies outside of our internal employees solely for the purpose of communicating with you for the intent and purposes that you have contacted Sago Networks. Sago Networks does not share any confidential information of our customer base to any company or third party individuals under any circumstance. Sago Networks will take every reasonable precaution to ensure the safety and integrity of customers personal information by requiring authorization before providing any login, password or customer information by anyone, including said client. All personal information is stored in secure locations in our building and databases with every reasonable precaution taken to ensure its safety from outside intruders.

Sago Networks, will only disclose personal information upon direct written order by federal, state, or local governmental agencies, which we are required to provide by court order. Any disputes, questions or concerns over the use of any information obtained or used by any individual within Sago Networks, or third party individuals, may contact us by e-mailing This e-mail address is being protected from spambots. You need JavaScript enabled to view it this is an alert queue to communicate with the head management of Sago Networks for the express purpose of the European Safe Harbor Act. No personal information will be released by Sago Networks without the express written consent of the client or potential client for any reason outside of mandated via court order requirements. Clients -- current, potential, or former -- who violate these terms of service or our acceptable use policy are no longer protected by this privacy policy, and Sago Networks may, at our discretion, publish certain identifying information for our own use or the use of others.