Terms of Use
This Agreement ("Agreement") is a binding agreement between Sky Cloud
Services Pty Ltd (www.skytechhosting.com) know as SkyTechHosting in this agreement and the person or entity ("you" or "your")
on whose behalf this Agreement is executed. This Agreement governs your use of
any and all services and/or support provided by SkyTechHosting,
including but not limited to web hosting, reseller plans, dedicated cloud
servers, data centers, virtual private servers,
domain names, and/or web design ("Services").
Please read this Agreement carefully prior to ordering or using any SkyTechHosting Services. This Agreement and any subsequent
modifications thereto, exclusively govern your use of the Services subject to
applicable local, state, and federal laws. This Agreement represents the
complete agreement and understanding between you and SkyTechHosting
and supersedes any other written or oral agreement. If you do not agree to
these terms and conditions set forth in this Agreement, you MUST notify the SkyTechHosting Billing Department ([email protected])
to arrange for a closure of your account. You shall continue to be bound by
these terms and conditions until your account has been closed by SkyTechHosting and confirmation provided with respect to
the same. USE OF YOUR ACCOUNT at any time shall constitute your acceptance and
approval of the terms and conditions set forth in this Agreement.
Now, therefore, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, you and SkyTechHosting
agree as follows:
Cancelation of
Services in General
SkyTechHosting reserves the right
to cancel your service for any reason without prior notice. Where appropriate,
any fees paid for yet to be used services may be returned to you on a pro-rated
basis. Such discretion is to be consistent with the terms of this Agreement and
to the extent that no such term is set forth in this Agreement, discretion
rests solely with SkyTechHosting as to whether to
issue a refund. In some instances, fees are related to licenses or bundles that
are not capable of being refunded notwithstanding any remaining term on a
contract or subscription. Examples of non-refundable fees include, but are not
limited to, domain name registration/transfer, domain protection, additional
site builder licenses, SSL certificates, dedicated server orders and fees,
downgrade/upgrade fees, fees for any products purchased through SkyTechHosting, and IP. In the event that SkyTechHosting has cancelled your account and you
reregisters with SkyTechHosting following said cancellation
without the express written consent of SkyTechHosting,
SkyTechHosting reserves the right to cancel your
account and retain any and all fees paid to date as a part of that
re-registration, regardless of whether any service has been rendered, as a forfeiture
related to your unapproved re-registration
Non-Refundable Fees
Domain name registration/transfer, domain protection, site builder,
setup fees, activation and reactivation fees, license fees,
upgrade/downgrade/migration fees, additionally set up services and premium
support services are not refundable. Any request to redeem special or free
optional services need to be redeemed at the same time of the package start
date or the upgrade date of the applicable new package or the right to such
special or free services will be waived. Example of such services include, but
are not limited to, free domain registration, SSL, static IP, domain ID
protection.
Refunds Generally
Within the first 30 days as an SkyTechHosting customer, SkyTechHosting
will cancel your account and refund all money paid for your hosting service
(with the exception of Service Fee Section) upon receipt of a formal request
for cancellation through our cancellation form. During the first 180 days as an
SkyTechHosting customer, SkyTechHosting
will cancel your account and offer a pro-rated refund for all unused hosting
fees based on SkyTechHosting's standard,
non-discounted monthly package pricing upon receipt of an express request for
cancellation by the SkyTechHosting Billing Department
([email protected]). If you have multiple registrations with SkyTechHosting, your starting date as an SkyTechHosting customer is defined as the earliest date
that you become a client with SkyTechHosting. The
following services are expressly excluded from the aforementioned refunds:
- Domain registration, transfer, and ID protection;
- Private SSL;
- All service fees in section 12 as defined herein;
- Additional static IPs;
- Additional site builder licenses;
- Licensed products purchased through SkyTechHosting;
Closure of your account does not automatically or necessarily entitle
you to a refund of any fees due or paid.
Non-Transferability
of Accounts
SkyTechHosting accounts cannot be
transferred or used by anyone other than the subscriber. You may not sell, lease,
rent or assign accounts to any party that has not expressly accepted and agreed
to be bound by the terms and conditions of this Agreement. Shared hosting
accounts cannot be used for resale purposes. Violations of any of the
provisions of this Section are grounds for the suspension and/or violation of a
user account. Any and all sites hosted by SkyTechHosting
must be registered with the same entity unless expressly and previously
authorized in writing by SkyTechHosting.
Account/hosting service/domain name transfer must be approved by the SkyTechHosting Billing Department ([email protected])
Indemnification of SkyTechHosting
You agree to, and shall, without limitation or exception, indemnify,
defend, and hold harmless SkyTechHosting.com and its subsidiaries, affiliates,
officers, agents, co-branders, partners, and employees from and against any
claim, demand, action, damages, liability, loss, costs, or expenses, including
reasonable attorneys' fees, due in whole or in part to any breach or violation
of this Agreement, including, but not limited to:
- Any of the events described in this Agreement;
- Any breach of this Agreement by you;
- Any information or data loss that you submit, post, transmit, or
receive as a part of any service offered by SkyTechHosting;
- Your use of any service offered by SkyTechHosting
- Your violation of any third party rights; or
- Any act or omission by you or your agents.
Permitted Use
Services provided to you by SkyTechHosting may
only be used for lawful purposes. The transmission or publication of any
information, data, or material in violation of any federal or state regulation
or law is strictly prohibited and grounds for immediate cancellation of your
account. This includes, but is not limited to, material protected by copyright,
trade secret or any other statute, threatening material, obscene material,
material that is deemed to be suited for 'adults only,' pornography, child
pornography, as well as links to or instructions for accessing the foregoing. SkyTechHosting reserves the right to remove any and all
materials which infringe on copyright work or in response to a Digital
Millennium Copyright Act take down notice or that otherwise violate permitted
use of the services offered by SkyTechHosting.
Examples of non-acceptable content or links include, but are not limited to,
hacker applications/archives, 'Warez' sites, proxy applications, IRC, Rapidleech (and similar), torrents, torrents listings, and
spam applications.
Warrant to SkyTechHosting
You warrant that:
- You shall ensure that the use of SkyTechHosting
services shall not disrupt SkyTechHosting, its
associated networks or equipment forming part of the systems, or the
permitted activities of other users of any SkyTechHosting
service.
- You will maintain the security of all files and content installed
under your hosting account and that you will maintain any software
installed to up to date version in order to avoid security breaches.
- You will not utilize an excessive amount of system resources and in
those instances in which SkyTechHosting deems an
excessive amount of system resources to be utilized by you, SkyTechHosting reserves the right to place a limit on
any process or service in your account to prevent disruption of service to
other customers.
- You will not use of SkyTechHosting
services in a manner that is disruptive, damaging, unlawful, offensive, or
intrusive as determined solely by SkyTechHosting.
- You will not send unsolicited mass mailings from another service
that in any way implicates the use of SkyTechHosting
services, SkyTechHosting's equipment, or any
site hosted on any SkyTechHosting network.
- You will not utilize any SkyTechHosting
service, equipment, or e-mail address in connection with the transmission
of the same or substantially similar unsolicited message to 50 or more
recipients or eight or more news groups in a single day.
- Any material submitted for publication using any SkyTechHosting service does not violate or infringe
any copyright, trademark, patent, statutory common law or proprietary interest
of others or contain anything obscene or libelous.
- You are over the age of eighteen (18) years or are a parent or
guardian of a user that is under the age of eighteen years of age and are
authorized and able to enter into this Agreement.
- You will cooperate in the investigation of any material that could
be infringing on a third party's copyright.
- You will comply with other organizations' networks or computing
resources and comply with their respective permission and usage policies.
Domain Renewal
For all new domains, you agree to pay an annual, non-refundable
registration fee. These fees will appear on your billing statement unless prior
arrangements are made with our customer service department. It is your sole
responsibility to cancel the renewal once the domain has been invoiced and must
occur within seven days prior to your renewal date. Any renewal that is
processed will not be refunded. The Client agrees to contact SkyTechHosting in the event of an expired domain name he
owns with further information regarding the continuation/cancellation of the
aforementioned service.
Directory Listings
You agree that SkyTechHosting may identify you
in any relevant subscriber directory.
Hosting Limits
Hosting space is intended for normal use only, and is limited to Web
files, e-mail and content of the hosted Web sites, not for storage of media or
other data nor for the sole purpose of mass e-mail/solicitation. Hosting space
may not be used as offsite storage for electronic files or for third party
electronic mail or FTP hosts. You are responsible for removing any files which
do not meet these requirements, and for adhering to any hosting space (disk
usage) limits allocated to your account(s). Failure to do so may result in
removal and deletion of such materials, and/or in discontinuation of your
services or account. MS SQL remote management/connections: the provided remote
connection interface is to be used with the purpose of managing your MS SQL
database remotely and NOT for the purpose of using our MS SQL for remote SQL
storage for other sites/applications ' violating this rule will result in
account suspension.
Cancellation
You must formally notify SkyTechHosting of any
cancellation by completing a Form available by clicking here in order to
cancel your account with us. SkyTechHosting will not
process any other requests submitted outside of our Form. Absent a valid
cancellation, SkyTechHosting will automatically renew
your account for the next billing cycle one month before the account expiration
date. Orders received for previously canceled
accounts will not be processed and accounts will not be activated. Credit card
or PayPal chargeback will result in automatic cancelation and deletion of the
customer's account from our servers. A $25 re-activation fee will apply to all
suspended accounts due to non-payments of due fees. There will be a $25.00
reinstating fee for any cancel account. Transferring your domain to another
provider does not constitute canceling your SkyTechHosting account.
Please be advised that our system automatically terminate the suspended
accounts after three months of suspension, which means all the data (with backups ) of suspended accounts will be permanently removed
from our server after three months of suspension.
Service Fees
(SkyTechHosting reserves the right to charge
the following non-refundable fees)
- Domain Migration (from one Billing account with SkyTechHosting
to another) ' $20.00
- Hosting plan migration (from one Billing account with SkyTechHosting to another) ' $20.00
- Account Upgrade /downgrade/ OS change to cancel account ' $30.00
- VPS/Cloud recreation (when the problem was created by the client) '
$30.00
- Reinstating fee for cancel/suspended package ' up to $30 USD
- Late Payment Charges ' up to $20 USD
- Reinstating fee for cancel account ' $50.00
- Reinstating of a Chargeback or Reversal will incur an additional
$50.00 billing fee in addition to any reinstating fee.
- Web builder cancellation fee if already activated ' $20.00
- Account Recreation Fee ' $20.00
- Premium Support Service ' $80/hour
- All Setup Fee
Be advised that Late Payment Charges and Package Reinstating Fee will be
applied automatically according to your account standing/history.
All fees, discussed in Service Fee Section of SkyTechHosting's
Terms and Conditions are charged ONLY upon demand and with the client's
knowledge.
You will be given 7 days of grace period after the due date to clear the
invoice, after which Late Payment Charges will be applied and your account will
be suspended. To have your account unsuspend before clearing the invoice might
get you charged extra.
Communication
SkyTechHosting may communicate
with you through e-mail for issues related to billing, changes, additions and
modifications to the network. It is your responsibility to provide a valid and
operational electronic mail address and to check that address for e-mail sent
to you. It is your further responsibility to inform SkyTechHosting
of any changes to your account, such as phone number, address, credit card
information. You may be required to provide verification for security purposes
authorizing you to make any changes to an account. The use of profanity in
language, or abuse towards any SkyTechHosting
employee via chat, e-mail, phone, e-ticket system, or in any other form will
result in a complete block from the SkyTechHosting
support system and subject your account to cancellation without a refund.
Backup and Data
Loss
SkyTechHosting is not responsible
for files or data loss. It is the client full responsibility for file and data
transfer and maintaining backup file of your own account. Backup are used
solely by SkyTechHosting for emergency or server
restoration only. There will be no backups for accounts that have been
suspended or terminated. SkyTechHosting will not be
responsible for any data loss related to accounts that have past due invoice or
suspended due to non-payment. SkyTechHosting
will not be responsible for any data loss.
Uptime Guarantee
If your shared hosting account downtime is not within the 99.9% uptime,
you may request for credit on your account based on our Service Level
Agreement. Uptime of the server is defined as the reported hardware and network
availability, not uptime from individual service which is independent of the
actual uptime of the server. Third party monitoring services reports may not be
used for justification due to unreliable monitor's network capacity/transit
availability. To requests credit, please open a support ticket to report your
claim with justification based on our term and condition. Credit approval is at
the discretion of SkyTechHosting.
Arbitration
By using any SkyTechHosting services, you
agree to submit to binding arbitration. An arbitrator from the American
Arbitration Association or the National Arbitration Forum will be selected in
the state of California. Arbitrators shall be attorneys or retired judges and
shall be selected pursuant to the applicable rules. All disputes or claims
arise against SkyTechHosting or its subsidiaries,
client agreed that the arbitrator will be select by SkyTechHosting.
All decisions rendered by the arbitrator will be binding and final. The
arbitrator's award is final and binding on all parties. The Federal Arbitration
Act, and not any state arbitration law, governs all arbitration under this
Arbitration Clause. You are also responsible for any and all costs related to
such arbitration.
Disclaimer of
Warranties
SkyTechHosting makes no
warranties of any kind, whether expressed, statutory, or implied for any of the
services provided under this Agreement and expressly disclaims the same. The
aforementioned includes but is not limited to warranties of merchantability,
fitness for use, fitness for a particular purpose, and non-infringement. Your
use of any SkyTechHosting service is at your sole
risk. Any and all SkyTechHosting services are
provided on an 'as is' basis and 'as available' basis. Unless otherwise set
forth herein, SkyTechHosting expressly disclaims all
promises, representations, and warranties relating to any and all SkyTechHosting services and add-on software or 3rd party
software, including but not limited to their condition, their conformity to any
representations or description, and the existence of any patent or latent
defects. SkyTechHosting further makes no warranty
that any service offered by SkyTechHosting will:
- Meet your requirements or expectations;
- Be uninterrupted, timely, secure, or error-free;
- Be accurate or reliable with respect to any results obtained from
the use of any service offered by SkyTechHosting;
- That any errors or defects in any service offered by SkyTechHosting will be capable of correction;
Under no circumstance at any time should any advice or information,
whether written or oral, proffered by SkyTechHosting
or its agents create any expectation or warranty that contravenes the
disclaimers set forth above.
Limitation of
Liability
You expressly acknowledge and agree that SkyTechHosting
shall not be liable for any indirect, incidental, special, consequential, or
exemplary losses or damages, including without limitation damages for lost
profits, goodwill, use, data, down time, failure to realize savings, or other
indirect loss (even if advised as to the possibility of such damages) resulting
from:
- The use or the inability to use any service offered by SkyTechHosting;
- Any breach of a representation or warranty to a third-party with
respect to any good or service sold by you and involving the use of any
service offered by SkyTechHosting;
- Unauthorized access to, alternation of, or disclosure of your data
as it relates to any service offered by SkyTechHosting;
- Any other matter relating to any service offered by SkyTechHosting;
No Agency
The relationship between you and SkyTechHosting
is that of independent contractors, and no agency, partnership, joint venture,
employee-employer or franchiser-franchisee relationship is intended or created
by this Agreement.
No Assignment
Your right to use any service provided by SkyTechHosting
is not transferable and is subject to any limits established by SkyTechHosting. You may not assign or transfer this
Agreement in whole or in part to any third party without SkyTechHosting's
express, written consent, which shall be given, if at all, in SkyTechHosting's sole discretion. SkyTechHosting
may assign this Agreement at will.
Binding Obligation
and Authority
You represent and warrant that you have read and understood this
Agreement and that it constitutes a valid and legally binding agreement; and
that you have full power, authority and legal capacity to enter into this Agreement
and perform your obligations hereunder. If you are registering on behalf of a
company or other entity, you agree that you have the authority to bind such
company. This Agreement shall be inure to the benefit of, be binding upon, and
be enforceable by the parties it describes and their respective officers,
directors, employees, representatives, successors, and permitted assigns.
Notices
You agree that notices to you may be made via e-mail or regular mail.
You also agree that notice of changes to this Agreement or other matters may be
made by displaying notices or links to notices to you. Notices to SkyTechHosting may be made by such contact information as
may be designated by SkyTechHosting for such purpose.
SkyTechHosting may modify the terms and conditions of
this Agreement, modify the prices of any Services governed by this Agreement,
as well as discontinue or change the scope of any such Services with or without
prior notification.
Force Majeure
SkyTechHosting shall not be
responsible for delays or failures in performing its obligations under this
Agreement due to events of force majeure or any other cause beyond its
reasonable control.
Ownership
SkyTechHosting is the exclusive
owner of all offered services except when any such service is offered under
license. Under no circumstance are you to be considered an owner of any SkyTechHosting services or property. All communications to
and from SkyTechHosting personnel via e-ticket,
e-mail, and live chat are confidential and property of SkyTechHosting,
and cannot be disclosed or distributed to any third-party without the express
written consent of SkyTechHosting.
Entire Agreement
This Agreement constitutes the entire agreement between the parties with
respect to the subject matter hereof. This Agreement supersedes all prior
proposals, negotiations, conversations, discussions and agreements between the
parties concerning the subject matter hereof. This Agreement may be amended by SkyTechHosting upon SkyTechHosting's
posting of a new version at https://SkyTechHosting.com/terms
Severability
If any provision of this Agreement is found to be invalid or
unenforceable in any jurisdiction in which it is performed, then the meaning of
that section shall be interpreted, to the extent feasible, in a way that
renders it enforceable. If no feasible interpretation is possible, the section
will be severed from the rest of this Agreement and the rest of the Agreement
will remain in full force and effect. No such severing shall affect the
interpretation of the applicable provision or any other part hereof in any
other jurisdiction or with respect to any other facts or circumstances.
Headings
Section headings provided herein are for convenience only and form no
part of this Agreement and will not affect the interpretation of this
Agreement.
Non-Waiver
The failure of SkyTechHosting to enforce or
require enforcement of any provision of this Agreement will not constitute or
be construed to be a waiver of its right to enforce or requirement enforcement
of that or any other provision now or in the future.
Survival
Any cause of action arising out of or related to this Agreement must
commence within one (1) year after the cause of action arose or any such cause
of action is otherwise permanently barred. All provisions in this Agreement
regarding representations and warranties, indemnification, disclaimers,
ownership, and limitations on liability shall survive any termination of this
Agreement, except as expressly set forth therein to the contrary.
Last Updated: 05 March 2021