Well, I,m sorry but like it or not, N3V Games ARE responsible for the server even if it is indirectly. It is N3V Games responsibility to provide an efficient, reliable server and if they can,t then their customers will migrate to other Games that can be relied opon.
Thats not at all true. Saying that is kinda like blaming the company that made your stove for your tea being cold when the power went out.
Unless you are paying N3V for you to use their online service, they are not responsible for it. Like if this where a World of Warcraft forum. And the WoW server just shut down. Then you could say that its Bilizzard's responsibility to fix them and insure reliable servers are in place.
Now I'm no networking guru, but I do like to think I know a thing or two, even if I don't. But if N3V where to invest in their own servers that would cost a lot of money. Money that N3V would have to earn/make up. They could earn more by charging more for what they offer, or making many things available for charge. Say, $100 USD for TRS12, $60 for a 3 month FTC, or even $10 to get basic access to the DLS for a few months. But I think with the way N3V dose it not, charging only $50 USD (When not on sale) for TRS12, free limited access to the DLS with the option to pay for better DLS service, and a free online component is a fair deal. When you look at what else is on the markets. (Talking Railworks and the fact that I had to spend close to $100 USD to get any enjoyment out of it)
If you REALLY want to talk about 3rd party server issues look to the PS3 and the Play Station Network (PSN). While Sony builds the PS3, and provides the software for PSN, they do not have any control over the PSN's hardware. The servers are owned by another company, I want to say Phoenix Servers or some thing like that. About 2 years ago their servers when attacked by hackers and where down for 3 months.
To move to new servers inst just as easy and "Copy and past a few files" or move a few wires to new plugs. First N3V would need to find some one who can provide the same service at a competitive coast. Then they need to transfer every thing, whole systems of data to the new server. They may also have to pay a fee to Softlayer/The Planet to get out of what ever contract they have now.
My last point to make, if the servers where located in Australia, the service would be much worse. I have never heard any thing good about Australian internet.