SKYSERVER – TERMS OF SERVICE

Overview

The following Terms and Conditions (“T&C,” “Terms,” or “Agreement”) govern your use of the SkyServer website and all services, features, and content provided by SkyServer (“SkyServer,” “we,” “our,” or “us”). By purchasing any of our services, you acknowledge that you have read, understood, and agree to be bound by these T&C. The most recent version of these T&C is always available on the SkyServer website. Please review these T&C carefully before purchasing any service(s) from SkyServer.

Customer Agreement

By using the services provided by SkyServer (“SkyServer”), you agree to comply with and be bound by the following Customer Agreement. This Agreement outlines the terms and conditions governing your use of the SkyServer website and the services offered therein. It is important that you carefully read and understand this Agreement before purchasing any services from SkyServer. If you do not agree to the terms and conditions stated in this Agreement, you should not proceed with using our services. By proceeding with the purchase and use of our services, you acknowledge that you have read, understood, and agreed to be bound by this Customer Agreement, along with any additional terms and conditions specific to the services you have chosen. This Agreement constitutes a legal and binding contract between you and SkyServer.

Content

1. Content Restrictions:

1.1 SkyServer reserves the right to refuse service and/or access to its servers to anyone. Our services must be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any applicable law or regulation is strictly prohibited.

1.2 The following activities and content are strictly prohibited and provided as examples:

Topsites, ponzi or pyramid schemes, prime banks programs, bank debentures/bank debenture trading programs, cryptocurrency/bitcoin miners, forex, e-gold, proxy, bots, spam bots, mail bombers, port scanners, IP scanners, mail harvesting scripts, brute force scripts, chat rooms, banner rotators, file dumps, using disk space as secondary storage, sales of illegal pharma, drugs, explosives, anonymous or bulk SMS gateways, malware, warez, phishing materials, lottery, gambling, illegal downloads, pirated software distributions, escrow, high yield investment programs, adult thumbnail galleries/banner exchanges, streaming or broadcasting of live copyrighted events, websites promoting illegal activities or linking to other websites that promote illegal activities.

Website content that promotes or advocates human trafficking in any form, sites that promote prostitution or escort services.

Any website found to host child pornography, link to child pornography, or exploit content will be immediately suspended without notice or warning.

Adult materials, including pornography, erotic images, or any lewd or obscene content, as determined at SkyServer’s sole discretion.

Embedding or uploading audio/video/high-resolution images on websites or linking to other websites that promote audio/video/high-resolution images.

Illegal material, including copyrighted works, commercial audio, video, or music files, and any material in violation of regulations or perceived to be misleading.

Warez, including pirated software, ROMs, emulators, phreaking, hacking, password cracking, IP spoofing, encrypting of such material, or sites that provide “links to” or “how to” information about such material.

Hosting any kind of games on our servers is strictly prohibited. Hosting accounts found with gaming-related content will be immediately terminated.

Hosting an IRC server that is part of or connected to another IRC network or server, or having a connection to an IRC network, is prohibited. Servers or virtual hosting accounts found connecting to or participating in these networks will be promptly removed from our network without notice. Reconnection to the network will only be allowed upon complete removal of all traces of the IRC server and granting us access to confirm content removal. Any server involved in a second violation will result in immediate account termination.

1.3 SkyServer reserves the right to designate any other content or literature as “prohibited” if it is deemed indecent, rude, hate content, or generally unacceptable.

1.4 Please refer to our General Acceptable Use Policy for complete details on prohibited content and activities.

2. Copyright Infringement

2.1 SkyServer complies with the DMCA (Digital Millennium Copyright Act). If you believe that a hosted site on our service is infringing your copyrights, please submit all copyright complaints to support@SkyServer.in

Abuse of Resources

3. Abuse of resources

Any attempts to compromise or actual compromise of a network device belonging to SkyServer or any other company, individual, or entity is strictly prohibited. This includes port scanning, IP range scanners, and vulnerability scanning. Any violation or suspected violation will be thoroughly investigated and may result in immediate termination of service.

Denial of Service (DOS) attacks directed at SkyServer or any attempts to launch a DOS attack from our servers are strictly prohibited. Any violation or suspected violation will be thoroughly investigated and may result in immediate termination of service.

Hosting any software, source code, or material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits, exploit source code, hacking tutorials, hacking tools, viruses, Trojans, bomb-making, and similar device tutorials. Any violation or suspected violation will be thoroughly investigated and may result in immediate termination of service.

The hosting of material that infringes on any copyright, trademark, or service mark is strictly prohibited. This includes the storage and transmission of pirated movies, music, software, ring tones, or any other form of “Warez”. Any authentic complaint received will be investigated and may result in termination of service.

The hosting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights.

Any attempts to undermine or cause harm to any of our servers is strictly prohibited. SkyServer holds no responsibility for the use of our clients’ accounts. Any account found to abuse resources or engage in actions that are not rectified upon warning may be immediately deactivated without any refund.

Any website or application using excessive CPU cycles or consuming resources that cause strain on other sites may be offered new terms, such as an upgrade. While we strive for 99.95% uptime, we cannot guarantee it completely due to necessary updates and maintenance activities.

If any client displays disrespectful behavior towards any member of the SkyServer staff, we reserve the right to remove them from our services without any refund.

Unsolicited Email/Bulk Mail (SPAM)

4. Unsolicited Email/Bulk Mail (SPAM)

The transmission of unsolicited commercial or bulk email (SPAM) using our services is strictly prohibited. We maintain a zero-tolerance policy towards SPAM and take it very seriously. Violation of this policy will result in severe penalties and actions to ensure a spam-free environment for our users.

Upon receiving notification of an alleged violation, we will initiate a comprehensive investigation. During this investigation, we may take immediate measures to restrict the customer’s access to the network in order to prevent further violations and mitigate the impact on other users.

If a customer is found to have violated our SPAM policy, we reserve the right, at our sole discretion, to impose restrictions, suspend, or terminate the hosting account associated with the violation. Additionally, we retain the right to pursue civil remedies to recover any costs associated with investigating a substantiated policy violation. In cases where the violation is believed to be a criminal offense, we will not hesitate to notify law enforcement officials.

Furthermore, we strictly prohibit the use of our services to host websites or services that support spammers or cause our IP space to be listed in any Spam Databases. Any customer found to be in violation of this policy will have their account(s) immediately suspended.

To reinstate the account, it is mandatory for the customer to remove all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning, and the customer’s account will be reviewed for possible immediate termination. A second violation may result in the immediate termination of the account. Severe violations may lead to the immediate and permanent removal of the account(s) from our network without prior notice to the customer.

In addition to our strict anti-SPAM policy, we maintain a zero tolerance policy for the use of our services to post messages or commercial advertisements that violate the rules, regulations, or charter of any newsgroups or mailing lists. However, commercial messages that comply with the rules of a newsgroup or mailing list, or that are solicited by the recipients, are permitted.

It is important to note that we also prohibit the hosting of publicly-accessible “open relay” SMTP or anonymous remailer services for any purpose, cause, or reason whatsoever. This restriction ensures the prevention of unauthorized email relaying and preserves the integrity of our network.

Backup Policy

5. Backup Policy

In our shared hosting plans, we perform weekly/daily backups of user data. We recommend that you regularly back up your data independently to mitigate the risk of data loss.

For VPS and dedicated server customers, data backup is solely the customer’s responsibility. You are responsible for implementing an appropriate backup strategy and ensuring the safety of your data. SkyServer does not perform automatic backups for VPS and dedicated server environments. It is crucial for you to regularly back up your data, considering the specific requirements of your hosting environment.

Domain Policy

6. Domain Registration Policy

Once a domain is registered, no refund is applicable. It is important to carefully review and confirm your domain selection before completing the registration process.

It is strictly prohibited to register a domain name that is similar to a trademarked domain or a domain that may infringe upon a brand engaged in a similar line of business. Examples include domains such as flipkartsale.in, bajajfinancecs.com, adtyabrlafnanc.co.in. Registering such domains may result in trademark infringement.

7. Domain Renewal Policy

We send renewal reminders to our customers one month before the expiry date of their domains.

It is the customer’s responsibility to ensure timely renewal of their domains. SkyServer Technologies is not liable for any failure or delay in domain renewal.

Once a domain is renewed, no refunds will be given.

Refund Policy

8. Refund Policy

We offer a 7-day refund policy for Shared Hosting and VPS plans.

If you are dissatisfied with our services within the first 7 days of your initial purchase, you may request a refund.

Refund requests must be made through our support system or by contacting our customer service team.

The refund will be processed for the hosting service charges only. Additional services, such as domain registrations, add-ons, SSL certificates, or any other non-hosting related purchases, are non-refundable.

Refunds will be issued back to the original payment method used for the purchase.

Any promotional or discounted pricing provided at the time of purchase may be deducted from the refund amount.

Dedicated Servers and Domain Registrations are non-refundable.

Once you have purchased a Dedicated Server or registered a domain, no refunds will be provided.

We encourage you to carefully review your selection and ensure it meets your requirements before completing the purchase.

To be eligible for a refund, you must comply with our Terms of Service and Acceptable Use Policy.

Any violation of these policies may result in the denial of a refund request.

Refunds are not provided for accounts that have violated our policies or engaged in prohibited activities, as outlined in our Terms of Service and Acceptable Use Policy.

Refunds will be processed within a reasonable timeframe, typically within 7 to 10 business days.

Please note that processing times may vary depending on your payment method and financial institution.

We do not charge any additional processing fees for refund requests.

SkyServer reserves the right to modify or update the refund policy at any time.

It is your responsibility to review the refund policy periodically to stay informed about any updates or modifications.

Cancellation Policy

9. Cancellation Policy

At SkyServer, we understand that circumstances may arise where you need to cancel your services. Please familiarize yourself with our cancellation policy, outlined below:

To initiate the cancellation process, you can submit a request through your client area.

Prior to submitting the cancellation request, ensure that all outstanding dues are cleared.

You have the option to choose immediate cancellation or cancellation upon the expiry of your subscription period.

If you select immediate cancellation, your access to the hosting plan or service will be terminated immediately.

Once the cancellation request is processed, you will no longer be able to access your hosting account or related services.

If you choose cancellation to occur once your subscription period expires, you will retain access to the Services until the end of your prepaid term. During this period, you can continue to utilize the purchased services.

It is your responsibility to back up all your data before initiating the cancellation request.

Once the cancellation request is submitted and processed, all data associated with your account will be permanently deleted.

We cannot retrieve or restore any data once the cancellation process is completed.

Refunds are governed by our Refund Policy, as mentioned earlier.

Please note that cancellation does not guarantee a refund, as refunds are subject to eligibility criteria outlined in the Refund Policy.

Late Payment Policy

10. Late Payment Policy

Invoices are expected to be paid by the due date specified on the invoice.

If an invoice remains unpaid for a period of 10 days after the renewal date, a late payment charge of 10% of the outstanding invoice amount will be applied.

Disk Usage Policy

11. Disk Usage Policy

The disk space allocated on our Shared hosting servers is intended for hosting website files and related content.

It should not be used for purposes such as media storage, electronic file storage, website backups, FTP hosting, or demo purposes.

We reserve the right to monitor shared hosting accounts for excessive utilization of disk space and other server resources that may be in violation of our Terms of Service or Acceptable Use Policy (AUP).

If we determine that your account is in violation of this Disk Usage Policy, we reserve the right to take appropriate actions at our sole discretion.

This may include termination of access to our services, removal or deletion of user content, or any other action necessary to enforce compliance with our Terms and Conditions and other policies.

The disk usage limits for Dedicated and Virtual Private Server (VPS) plans depend on the resources allocated to the specific plan you have purchased.

These limits will be communicated to you at the time of purchase or as part of your service agreement.

Uptime Guarantee & Policy

12. Uptime Guarantee & Policy

Our uptime guarantee covers the availability of our network and infrastructure, including the accessibility of your hosted website or service.

Uptime is measured as the percentage of time that our services are accessible and operational, excluding any scheduled maintenance windows or events beyond our reasonable control.

Any service interruptions or downtime caused by scheduled maintenance performed by SkyServer or our network providers will not count towards the uptime guarantee.

We cannot be held liable for failures or disruptions caused by third-party services that may affect the performance or availability of your hosted website or service.

SkyServer will not be responsible for any failure or delay in performing our obligations if such failure or delay is beyond our reasonable control. This includes circumstances such as acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third-party services (including DNS propagation), failure of third-party software or hardware, or inability to obtain raw materials, supplies, or power required for the provision of our services.

We strive to maintain a high level of uptime for our services.

Specific uptime percentages and related details will be provided in the service agreement or plan documentation specific to the hosting service you have chosen.

Change in TOS

13. Change in TOS

SkyServer(“SkyServer”) reserves the right to modify these Terms of Service (TOS) at any time, with immediate effect. In cases where a change in the Terms is required by law or is related to the addition of new services, the introduction of extra functionality to the existing Service(s), or any other change that does not reduce your rights or increase your responsibilities, the TOS will be amended without prior notice to you and shall become effective immediately.

It is important to note that no clarification or explanation of the Terms provided by either party will have the power to modify the provisions of these TOS. Any changes to the TOS will be communicated to you through appropriate means, such as by posting the updated version on our website or notifying you via email or other means of communication provided by you. We recommend reviewing the TOS periodically to stay informed about any modifications.

By continuing to use our services after any changes to the TOS, you acknowledge and agree to be bound by the revised Terms. If you do not agree with the modified TOS, you may choose to discontinue using our services.