Below mentioned Terms and Conditions will be applicable on all services offered by Skyer Host
Terms OF Service
All users of Skyer Host, and all customers upon signing up for Skyer Host, agree to comply with Skyer Host Terms of Service (“TOS”). The TOS is to ensure customers that are using Skyer Host with due regard to the rights of other Internet users and in conformity with the requirements of Skyer Host network environment. The TOS are not exhaustive and Skyer Host reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.skyerhost.com or notification of the modified TOS. Any complaints about a customer’s violation of the TOS should be sent to our support staff.
Except when expressly agreed to the contrary in writing by an authorized representative of Skyer Host, this TOS supersedes any other agreement with Skyer Host, whether written, oral, by conduct, or otherwise.
The following Terms of Service apply only to Skyer Host Web Hosting customers, and supplement the terms in sections C and D that apply to all Skyer Host customers:
Any Web site that uses an extremely high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources) will be given the option to either pay additional fees (which will depend on the resources required), reduce the resources used to an acceptable level, or upgrade its service. Skyer Host will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Skyer Host customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Skyer Host server, and selling or distributing software (on a Web site residing on a Skyer Host server) that facilitates spamming. Violators will be assessed a minimum fine of $200 and will face immediate suspension. Skyer Host reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Skyer Host does not permit CGI script sharing with domains not hosted by Skyer Host or any scripts that may be abused for UCE purposes.
Skyer Host may request addition information from customers to verify their identity. Skyer Host reserves the right to determine, in its sole and absolute discretion, what information is required to validate a customers identity.
Skyer Host takes our customers security very seriously. Our Linux-based hosting services offer the ability to use Shell / SSH access. This access is enabled by request of the customer after the order has been completely created. In order to request shell / ssh access to be enabled on your account, you will need to create a support request and supply a scanned copy of the following item to verify your identity:
Your information, privacy, and security is our top priority. We have taken extreme measures to become Truste Certified. During the verification process, Truste reviews our company policies and processes to make sure they adhere to their strict policies. Furthermore, we are reviewed every 3 months to make sure we continue to offer the most secure, private environment and processes as possible.
Skyer Host requires correct username and password information to be maintained for all services offered. This applies to, but not limited to, dedicated servers, shared hosting, and reseller hosting. If this information is not kept up to date, Skyer Host, in its sole discretion, take any necessary actions to gain access to an account.
If Skyer Host is unable to gain access to an account, Skyer Host may suspend and/or terminate an account without notice to the customer. IT IS THE SOLE REQUIREMENT OF THE CUSTOMER TO KEEP ACCOUNT INFORMATION UP TO DATE AT ALL TIMES. ACCOUNT INFORMATION IS DEFINED AS LOG IN INFORMATION, CONTACT DETAILS, BILLING INFORMATION, AND ANY OTHER PARAMETERS OF Skyer Host SERVICE.
Skyer Host does not allow Web Hosting customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted.
Skyer Host may allow programs to run in the background. These programs will be considered on an individual basis and Web Hosting customers may incur extra charges based on system resources used and operational maintenance needed. If you wish to run background programs please contact Skyer Host so that we can arrange set-up.
Skyer Host does not allow IRC or IRC bots to be operated by Web Hosting customers.
Skyer Host Web Hosting accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact our sales department to make special arrangements.
Multimedia files are defined as any graphics, audio, and video files. Skyer Host Web Hosting accounts are not to be used for the purposes of distributing and storing unusual large amounts of multimedia files. Any Web site must link to at least 80% of stored multimedia files.
Any database stored on Skyer Host Web Hosting servers will be limited in size to 10% of the total disk space used for that particular hosting account.
Skyer Host reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Skyer Host reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter.DEDICATED SERVERS ARE NOT BACKED UP BY US AND IT IS THE SOLE RESPONSIBILITY OF THE CLIENT TO MAINTAIN BACKUPS OR HAVE A SOLUTION FOR THIS. PLEASE CONTACT OUR STAFF IF YOU WISH TO DISCUSS BACKUP OPTIONS. IT IS YOUR RESPONSIBILITY TO MAINTAIN BACKUPS.
The following Terms of Service apply to ALL Skyer Host customers:
Skyer Host include, but are not limited to:
Skyer Host has the right to email you about marketing campaigns.
The legal owner of customers’ Web sites and accounts with Skyer Host will be the individual or organization whose name is listed in Skyer Host database as the owner. Customers will fully cooperate with and abide by any and all of Skyer Host security measures and procedures in the event of any dispute over ownership of customers’ Web sites and accounts with Skyer Host.
All email accounts (including, but not limited to POP email accounts) that have not been logged into for a period of 6 consecutive months or more shall be deemed abandoned and Skyer Host shall have the right to delete the email account (“Abandoned Mailbox”) and/or all emails residing in such Abandoned Mailbox (“Abandoned Emails”).
At least 2 weeks in advance, Skyer Host shall send to the master email account a notice that the Abandoned Mailbox and/or the Abandoned Emails shall be deleted if the user or customer does not log into the Abandoned Mailbox within 2 weeks.
Skyer Host has the right to delete all content stored in any of customer’s spam folders or email accounts for 60 days or more.
Please see our Support Statement. Click here to see the Support Statement.
Skyer Host servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Skyer Host, all Skyer Host customers certify that they and/or the organization they represent in procuring services from Skyer Host are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a ‘suspected terrorist’ as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Skyer Host customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a Web site hosted on a Skyer Host server, and selling or distributing software (on a Web site residing on a Skyer Host server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. Skyer Host reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting, denial of service attacks (weather incoming or outgoing). In addition to the above mentioned items, abuse is also considered when more then 50% of the usage of a server at any given time is consumed by a individual account.
If any services/product is the target of a denial of service attack (“DOS”) or distributed denial of service attack (“DDOS”), Skyer Host in its sole discretion, may suspend or terminate that account without notice. Any account that is suspended or terminated due to a DOS / DDOS may no longer be offered Skyer Host.
Any account that is disabled or terminated due to abuse is not eligible for any refund, full or partial. Any refund that is offered is strictly the decision of the administration.
There is no difference between both spaces and spaces without both of these words, however when we mention ultra or ultra + ultra unlimited + it only means that we became more flexible on our Unlimited Space terms. Unlimited Space terms are mentioned in our tos page.
Skyer Host does not set an arbitrary limit or cap on the amount of resources a single Client can use. In good faith and subject to these Terms, Skyer Host makes every commercially reasonable effort to provide its Clients with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Client’s use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Clients as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.
Skyer Host employs complex mechanisms to protect its Clients and systems from abuse. Skyer Host offering of “unlimited” OR “UNMETERED” services is not intended to allow the actions of a single or few Clients to unfairly or adversely impact the experience of other Clients.
Skyer Host service is a shared hosting service, which means that multiple Client web sites are hosted from the same server and share server resources. Skyer Host service is designed to meet the typical needs of small business and home business website Clients in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
Skyer Host will make every commercially reasonable effort to provide additional resources to Clients who are using their website(s) consistent with these Terms, including moving Clients to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Clients, Skyer Host does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Skyer Host can evaluate said sites resource needs.
Skyer Host does not set arbitrary limits on the amount of disk space a Client can use for the Client’s website, nor does Skyer Host charge additional fees based on an increased amount of storage used, provided the Client’s use of storage complies with these Terms. Please note, however, that the Skyer Host service is designed to host websites. Skyer Host does NOT provide unlimited OR unmetered space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Client’s account, with or without notice. Accounts with excessive number of files negatively affect the performance of the server and Skyer Host may request that the number of files be reduced to ensure proper performance.
Skyer Host does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Client can upload to his/her/its website in a given month, nor does Skyer Host charge additional fees based on increased use of bandwidth, as long as the Client’s use of the Services complies with these Terms. In most cases, a Client’s web site will be able to support as much traffic as the Client can legitimately acquire. However, Skyer Host reserves the right to limit processor time, bandwidth, or processes, memory, or number of files in cases where it is necessary to prevent negatively impacting other Clients.
Yes, nothings is infinite we do have a limit on disk space, 50GB on Web-One, 100GB on Web-Two, 150GB on Web-Three, 200GB on Web-Four.
you also have to agree with what we mean by unlimited, and what type of usage is allowed.
Use of Skyer Host or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Skyer Host and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Using your web hosting account as a backup/storage device is not permitted, with the exception of one cPanel and/or Plesk backup of the same account. You may only have 1 online backup for your PUBLIC HTML directory only. The backup may not exceed more then 5GB.
Examples of unacceptable material on all hosting accounts include, but not limited to, are:
* Torrent Software * Torrent data / files / materials * Topsites * IRC Scripts/Bots * Proxy Scripts/Anonymizers * Pirated Software/Warez * Image Hosting Scripts (similar to Photobucket or Tinypic) * AutoSurf/PTC/PTS/PPC sites * IP Scanners * Bruteforce Programs/Scripts/Applications * Mail Bombers/Spam Scripts * Banner-Ad services (commercial banner ad rotation) * File Dump/Mirror Scripts (similar to rapidshare) * Commercial Audio Streaming (more than one or two streams) * Escrow/Bank Debentures * High-Yield Interest Programs (HYIP) or Related Sites * Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme) * Sale of any controlled substance without prior proof of appropriate permit(s) * Prime Banks Programs * Lottery Sites * MUDs/RPGs/PBBGs * Hateful/Racist/Harassment oriented sites * Hacker focused sites/archives/programs * Sites promoting illegal activities * Forums and/or websites that distribute or link to warez/pirated/illegal content * Bank Debentures/Bank Debenture Trading Programs * Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com) * Mailer Pro
In the event that your shared or reseller server has a physical downtime that is not within the 99.9% up-time you may receive one month of credit on your account. Any 3rd party monitoring service reports may not be used due to a variety of factors. The up-time of the server is defined as the reported up-time from the operating system. The web server up-time may differ from the up-time reported by other individual services and is not used as the measure of up-time. To request a credit, please contact our support department.
Unless otherwise specified, only new customers qualify for any promotional pricing and limitations. Additionally, promotional offers are only good for 1 order per customer. Customer may purchase additional services at regular price. Customers may not open multiple accounts with similar or identical billing information to gain discounted rates for promotions.
Certain products or services are included for free during the initial sign-up may only be free for a particular period of time. After their free introductory period, standard pricing may apply.
Any service that comes with a free dedicated IP address is only free for 1 year on plans that are 1 year or more. Plans that are less then 1 year receive a free dedicated IP address for their first billing cycle.
Any domain name that is offered free during the initial purchase is ONLY free for the first year of registration. After the first year, the domain will renew at regular rates. Free domain names may only be redeemed during the first 30 days after the initial purchase.
Any customer with at least 1 hosting service may refer customers to Skyer Host using our Referral Program. A customer may earn up $50 for each referral. Each person that is referred to Skyer Host using an existing customers referral coupon code will receive $50 off any hosting service.
Skyer Host, in its sole discretion has the right to discontinue the referral program at anytime, without notice.
Unless otherwise specified, Skyer Host may, at its sole discretion, determine software or actions that are deemed server, network, or other abuse. We may take any actions necessary to remedy the abuse.
The following Terms of Service constitute Skyer Host Billing Policy and apply to ALL Skyer Host customers:
All charges are shown in US Dollars. Payments are to be made in US dollars. Skyer Host only accepts the following types of payment:
WE DO NOT ACCEPT ANY OTHER FORMS OF PAYMENT. DO NOT SEND ANY PAYMENTS TO OUR MAILING ADDRESS.
All payments are due on the Account Statement Date or earlier. The Account Statement Date is the anniversary of the date the account was activated. If you provide Skyer Host your credit card information, you authorize Skyer Host to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Skyer Host Billing Policy in the TOS. You are responsible for directly updating, or notifying Skyer Host, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
Customers not paying by credit card agree to make payment of their balance due within seven (7) days of the Account Statement Date.
Accounts that are two (2) days past due will be automatically suspended. All past due and unpaid balances may be subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
In order for us to offer you uninterrupted service, we require a billing method to be on file at all times. The billing method may be a valid credit card or PayPal. If a valid form of payment is not available on your account, your account may be suspended until which time your account is updated with a valid payment method.
The Billing Cycle begins on the Plan Activation Date. You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.
All additional features added to an account are charged monthly. Additional items are non-refundable.
The minimum monthly payment for any account will be $4.95 per month for the customers web hosting package. If any customer has a monthly billing setup on their account that is less then this amount, they will automatically be converted to annual billing based on their monthly payment amount. The structure will work as “Monthly billing amount” x 12 = 1 time annual payment.
In order to insure uninterrupted service to your service, all plans will automatically renew 5 days prior to the end of the plan’s Billing Cycle. Plan renewal charges are based on the prevailing rate on the date of renewal according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation policy.
Although Skyer Host manages the renewal of services, it is the sole responsibility of the customer to review and manage any services for proper renewal.
Domain name registrations and Web hosting accounts are handled by separate entities. In the event you need to cancel, you must specify whether you would like to cancel your domain name only, your Web hosting plan only, or both your domain and hosting accounts. The cancellation or expiration of your domain name does not automatically terminate your hosting account (or vice versa). Your hosting account billing term automatically renews upon its completion, unless you notify Skyer Host that you would like to cancel your account.
Skyer Host does not mail paper invoices or statements. Statements can be viewed and printed through the client area.
Certain actions or requests require additional fees.
Hosting plans will automatically renew until a plan is canceled. In order to cancel service, you must contact Skyer Host customer service team. Skyer Host customer service team will assist you with the cancellation process. Please be aware that there are no pro-rated refunds after the first 30 days of service. Please contact our customer service team through the support area of our website by creating a support ticket.
Cancellation requests must be received by Skyer Host a minimum of minimum of fifteen (15) days prior to the end of your Billing Cycle for all plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Skyer Host. Skyer Host is unable to cancel your account effective for a future date. Skyer Host will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Skyer Host as soon as possible. Your account will may not be canceled when you submit the cancellation form. Cancellation are not complete until you receive a confirmation of the termination of your account via email by a Skyer Host representative.
Skyer Host only accepts cancellation request via our cancellation form. Any other method of cancellation is not an acceptable form of cancellation. Any other method of cancellation request will not be considered a proper cancellation and will not be processed.
Skyer Host does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Skyer Host. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Skyer Host Corporation reserves the right to cancel any account, at any time, without notice, for any reason Skyer Host considers appropriate.
Any cancellation request that is recieved later then fifteen (15) days prior to the next billing cycle may incur renewal fees. If any renewal charges are processed, they may be refunded at Skyer Host sole discretion, minus a $29.95 fee or the renewal charge; which ever is greater.
If you are unsatisfied with your Skyer Host service for any reason, we will gladly refund your account. The thirty (30) day money back guarantee starts from the initial date of the purchase as reflected on your receipt/invoice.
The money back guarantee ONLY APPLIES TO YOUR HOSTING SERVICE. The money back guarantee does NOT apply to domain registrations, setup fees, or to any other products or services. The money back guarantee does NOT apply to renewals; it only applies to the first payment of a service.
Domain names are like property, once we have registered them for you, we can not undo the registration hence we cant offer a refund for them, this also applies to names registered incorrectly as a result of your having made a mistake during the sign-up process. Please make sure you check the name you have filled in before you proceed to make payment. If you received a domain name for free with your hosting package, and cancel your account, a fee will be applied to compensate for the price of the domain name registration. If you request a money-back guarantee for an account that received free setup, a charge of $29.95 will be applied on to your account.
For services that offered free setup, if the service is canceled within the money back guarantee period, Skyer Host may apply a setup fee. For dedicated servers, the setup fee is $100.00.
In order to qualify for the money back guarantee, you must submit your request within the initial thirty (30) days of your account to our support staff. Skyer Host may take up to 30 days to process requests and send refunds.
Refunds are only available in accordance with the Money Back Guarantee. Refunds will be provided in the same payment method of the original payment. There are no refunds offered or promised after the terms of the Money Back Guarantee policy. Skyer Host may take up to 30 days to process and send refunds. We do not offer any partial refunds of any kind.
Skyer Host policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Some of Skyer Host include complementary products or other services. The complementary products or other services may not be available with certain billing cycles or promotions. Skyer Host may, at its sole discretion, determine what packages, billing cycles, and other terms are applicable for complementary products and services.
Neither free or paid transfer services carry any guarantee.
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host. We will not attempt transfers larger then 10GB.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
The Digital Millennium Copyright Act (“DMCA”) sets forth the law regarding the use of copyrighted materials on the Internet. All Skyer Host customers are subject to the requirements of the DMCA. Individuals or entities submitting notifications of copyright infringement by a Skyer Host customer (per the DMCA) to Skyer Host must follow the below procedures. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Skyer Host sole discretion.
DMCA Copyright Infringement Notification Requirements:
The DMCA contains very specific guidelines as to what proper notification of claimed infringement must contain. Copyright owners may obtain a copy of the DMCA, including these guidelines, by visiting the web site of the U.S. Copyright Office athttp://www.copyright.gov/title17/92chap5.html#512 or From The Government Of Pakistan.
Skyer Host is not required to respond to notices that do not meet the requirements of the DMCA. Copyright owners should be aware that there are substantial penalties for false claims and that Skyer Host will actively refer complainants who use the DMCA for improper purposes to relevant law enforcement agencies.
In the event that Skyer Host must remove, or disable access to, material on your web site that is alleged to infringe another’s copyright under the DMCA, you acknowledge and agree that Skyer Host may do so by disabling access to your entire web site.
DMCA Counter Notification Requirements:
The use of Skyer Host to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Skyer Host is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.
Skyer Host is concerned with the privacy of on-line communications and Web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Skyer Host urges its customers to assume that all of their on-line communications are insecure. Skyer Host cannot take any responsibility for the security of information transmitted over Skyer Host facilities. Additional details on privacy and Skyer Host use of customer information can be found in Skyer Host Privacy Statement.
Customers are required to use the Skyer Host network responsibly. This includes respecting the other customers of Skyer Host. Skyer Host reserves the right to suspend and/or cancel service with any customer who uses the Skyer Host network in such a way that adversely affects other Skyer Host customers. While Skyer Host may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Skyer Host does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOS. However, when Skyer Host becomes aware of any violation of the TOS or other user agreements, Skyer Host may take any action to stop or correct such violation, including, but not limited to, denying access to Skyer Host and equipment or to the Internet. In addition, Skyer Host may take action against a customer or a customer of such customer because of the activities of such customer. Skyer Host anticipates that customers who offer Internet services will cooperate with Skyer Host in any corrective or preventive action that Skyer Host deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Skyer Host policy and Skyer Host reserves the right to take any such action even though such action may affect other customers of the Skyer Host customer.
The failure by a customer to meet or follow any of the TOS is grounds for account deactivation. Skyer Host will be the sole arbiter as to what constitutes a violation of the TOS. Skyer Host reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Skyer Host becomes aware of an alleged violation of its TOS, Skyer Host will initiate an investigation. During the investigation, Skyer Host may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Skyer Host may, at its sole discretion, restrict, suspend, or terminate a customer’s Web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Skyer Host will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOS if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Skyer Host does not issue credits for outages incurred through service disablement resulting from TOS violations. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Skyer Host.
Skyer Host customers agree to protect, defend, hold harmless, and indemnify Skyer Host, any third party entity related to Skyer Host (including, without limitation, third party vendors), and Skyer Host executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and affiliates, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Skyer Host.
The Skyer Host service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Skyer Host expressly disclaims any representation or warranty that the Skyer Host service will be error-free, secure or uninterrupted. No oral advice or written information given by Skyer Host, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Skyer Host and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Skyer Host may immediately terminate provision of Skyer Host to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Skyer Host in such event.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Skyer Host (INCLUDING, WITHOUT LIMITATION, Skyer Host EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Skyer Host, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Skyer Host, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Skyer Host EVEN IF Skyer Host HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Skyer Host TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR Skyer Host, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Skyer Host OR Skyer Host REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Skyer Host may, without notice to customer, discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Skyer Host. Certain changes to Skyer Host may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Skyer Host is not liable, for any and all such personalized applications and content.
Customers are solely and entirely responsible for their data and backup of their data, and Skyer Host is in NO way responsible for the management and backup of any customer data, and any updates, upgrades, and patches to any software that customers use in connection with Skyer Host. Skyer Host will not attempt to backup any account larger the 5GB.
For its own operational efficiencies and purposes, Skyer Host from time to time backs up data on its servers, but is under no obligation or duty to customers to do so under these Terms. IT IS SOLELY CUSTOMERS’S DUTY AND RESPONSIBILITY TO BACKUP CUSTOMERS FILES AND DATA ON Skyer Host SERVERS, AND under no circumstance will Skyer Host be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Customers FILES AND/OR data on any Skyer Host server.
Skyer Host makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, Skyer Host makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Skyer Host specifically disclaims all warranties of merchantability and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Skyer Host liable in any way for the revocation of any license, which has been licensed to Skyer Host. The use of the Technologies obtained from or through Skyer Host, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Any mention of non-Skyer Host products by Skyer Host, its employees, or any third party entity related to Skyer Host is for information purposes only and does not constitute an endorsement or recommendation by Skyer Host. Skyer Host disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Skyer Host products or services.
Customers will not, without Skyer Host express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Skyer Host Web site, and customers will not use any of Skyer Host trademarks, service marks, copyrighted materials, or other intellectual property without Skyer Host express written consent. Customers will not, in any way, misrepresent their relationship with Skyer Host, attempt to pass themselves off as Skyer Host, or claim that customers are Skyer Host.
Customers may not assign or delegate their rights or obligations under the TOS or other agreement for Skyer Host, either in whole or in part, without the prior written consent of Skyer Host.
Skyer Host customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOS in order for the Minor to become a Skyer Host customer. A parent or guardian who accepts the TOS on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOS, including the timely and full payment of the charges for Skyer Host, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Skyer Host express written consent to the contrary. Any acceptance of the TOS or any other agreement for Skyer Host will be deemed null and void to the extent that Skyer Host will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of Skyer Host.
The TOS, and any other agreement for Skyer Host, will be governed by and construed in accordance with the laws of the country of Cyrpus without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Skyer Host will take place in Cyprus, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other Skyer Host agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
Skyer Host will not be liable for delays in its performance of the TOS or Skyer Host caused by circumstances beyond Skyer Host reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). Skyer Host will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due .Waiver and Amendment Any waiver, modification, or amendment of any provision of the TOS or other agreement for Skyer Host, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Skyer Host.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Skyer Host and its customers. Each of Skyer Host and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Wherever in this TOS the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOS. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOS.
The TOS, and/or any other specific agreement for Skyer Host, constitutes the complete understanding and agreement between Skyer Host and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Skyer Host, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOS, and/or any other specific agreement for Skyer Host is between Skyer Host and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Skyer Host.
You agree that certain services may be provided by third party providers of Skyer Host and that your use of such services may be subject to further agreements, policies, terms, and conditions in addition to those contained or referenced in this Agreement.
Skyer Host is not responsible for any incorrect or outdated information contained on skyerhost.com, my.skyerhost.com, as well as any other website owned by Skyer Host. Any incorrect or outdated information needs to be brought to the attention of the staff.
For domain name registration services where a third party provider is named in your place (“Proxy Services”), you agree that if Skyer Host or the third party provider does not receive a response to a communication sent to you within 48 hours of such communication being sent, then the sender of such communication may, at its sole discretion, suspend or terminate the Proxy Services. If Skyer Host provides the particular Proxy Services, then Skyer Host reserves the right to suspend or terminate any or all of the services provided to you entirely in such event.
Skyer Host reserves the right to immediately suspend, terminate, transfer, or modify your domain name registration for reasons including (i) your breach of this Agreement, (ii) your use of the domain name registration services in a manner that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet industry, including sending mass unsolicited commercial advertisements or otherwise spamming, making or sending threats, harassment or obscenities, (iii) your use of the domain name registration services in connection with unethical activity, (iv) Skyer Host receipt of an order from a court of competent jurisdiction or an arbitration award, or (iv) any other grounds that impose a legal risk to Skyer Host as determined at its sole reasonable discretion. You agree that you shall not receive any refund whatsoever for any such suspension, termination, transfer, or modification to your domain name registration.
Any terms or other materials contained in the Skyer Host Terms of Service may be changed at anytime without notice.