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 Terms of Service
 
Terms of Service


 

The use of services from SKY DEVELOPMENT, Constitutes agreement to these terms.
You may view our Privacy Policy here.

1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Transfers
Our transfers team will make every effort to help you move your site to us, however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

2.) Content
All services provided by SKY DEVELOPMENT may only be used for lawful purposes. The laws of the Government of India and the United States of America apply.

The customer agrees to indemnify and hold harmless SKY DEVELOPMENT from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email report@domainonair.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

2a.) Examples of unacceptable material on all Shared and Reseller servers include:
  • Backup/Storage device
  • 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/PPBGs
  • 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)
2b.) Examples of unacceptable material on Dedicated servers include:
  • IRCD (irc servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/spam Scripts
  • Escrow
  • 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
  • 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
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@domainonair.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

2c.) It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Please read http://www.skydevelopment.com/terms.php for our generalized mail policy.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

SKY DEVELOPMENT reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

SKY DEVELOPMENT reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is entirely at the discretion of SKY DEVELOPMENT.

4.) Payment Information

4a.) Payment Information on Share Hosting and Reseller Hosting

You agree to supply appropriate payment for the services received from SKY DEVELOPMENT, in advance of the time period during which such services are provided. You agree that until and unless you notify SKY DEVELOPMENT of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in client area via the http://www.skydevelopment.info/billing/clientarea.php . Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you that your account has been canceled. At this time, your account with us has been canceled. If you do not hear back from us or receive an e-mail confirming this cancellation, please contact us immediately.

As a client of SKY DEVELOPMENT, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time to avoid account suspension. SKY DEVELOPMENT provides a 10 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact sales@skydevelopment.com

SKY DEVELOPMENT reserves the right to change the monthly payment amount and any other charges at anytime.

4b.) Payment Information on Dedicated Servers

Non-Payment: All payments are due in full on the Anniversary Billing Date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS, shall result in a suspension of public access to Customer services. Customer will, however, be permitted access to data and services through the service network. Failure to remit payment for two (2) consecutive days, including the Anniversary Billing Date, shall result in a termination of public access to Customer services. Failure to remit payment for services within five (5) consecutive days, including the Anniversary Billing Date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee of $20 will be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date. A $50 reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after seven (7) days of non-payment will be destroyed for security and privacy reasons, unless otherwise required by law.

If you have more of 1 server you need have all server is good payment status.

5.) Backups and Data Loss
Your use of the service is at your sole risk. SKY DEVELOPMENT is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on SKY DEVELOPMENT servers.

6.) Cancellations and Refunds
SKY DEVELOPMENT reserves the right to cancel the account at any time with or without notice.

Any abuse to our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via http://www.skydevelopment.info/billing/clientarea.php. SKY DEVELOPMENT gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution's. There are no refunds on dedicated servers and VPS,Cloud Servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests after the intitial 30 days will be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

SKY DEVELOPMENT must be notified by client at least 2 days(48 hours) before billing cycle for cancellation of service. If you failed to do that you have to pay full renewal charges. Any violation of policies which results in extra costs will be asked customer to pay.

Violations of the Terms of Service will waive the refund policy.

7a.) Resource Usage
User may not:
a) Use 10% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 30 minutes

When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

7b.) INODES
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file on your account uses up 1 inode.

Simply exceeding the limit does not constitute grounds for suspension however accounts that constantly create and delete large numbers of files on a regular basis or causing file system damage may cause your account to be flagged for review.

8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

9.) Fare Usage Policy
SKY DEVELOPMENT Direct operates a fair use policy and therefore offers unrestricted (unlimited) use of disk space & bandwidth. However, should your disk space or bandwidth reach the points where it has an adverse affect on other clients we reserve the right to disable your site until you can reduce your disk usage or bandwidth usage. Approx maximum usage limit : 18gb disk space & 275gb bandwidth per month.

10a.) Money back Guarantee
On dedicated servers and colocation no full refund will be honored -- the 30 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of SKY DEVELOPMENT's managed shared and reseller servers carry a 30 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

10b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of SKY DEVELOPMENT dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact sales@skydevelopment.com with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

11.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. SKY DEVELOPMENT does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. SKY DEVELOPMENT will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

12.) Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semidedicated servers are not backed up. You must maintain your own backups.

13.) Dedicated Servers
SKY DEVELOPMENT 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. SKY DEVELOPMENT 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 responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@skydevelopment.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

14.) Domain Registration/Renewal/Transfer or Move
Please note that the majority of domain names registered with SKY DEVELOPMENT are set up to auto renew, however in certain cases this auto-renew feature may be disabled (if outstanding invoices are due, we may disable this feature to avoid you being charged for a service you may no longer want). If the domain name hosting expires due to auto-renew being disabled, please notify us immediately and we will try our best to renew the domain name for you. However should it come to the time when the domain has already been pushed into the redemption period then you will be responsible for that. All domain under SKY DEVELOPMENT are set up to auto security lock. If customer want to open domain security lock or want to transfer or move any domain from SKY DEVELOPMENT to any other company they have to paid minimum USD 10 or INR 650 processing fees per domain. SKY DEVELOPMENT reserves the right to refuse service to anyone.

15a.) Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on skydevelopment.com, and the right to increase the amount of resources given to plans at any time.

15b.) Hosting Price Or Configuration Exception
In case of high bandwidth or hosting space usage sites, our all type of hosting rates & configurations are not valid. We can increase price or change hosting configurations for those sites without notice. Community site, classifieds site, forum site, picture gallery site, flash site etc are high capacity site. Also if any normal sites usage limit more than 30% we can treat that site also a high capacity site. All decisions are depend on SKY DEVELOPMENT.

16a.) Web Development Quotation
Quotations are valid for 7 days and are non-binding. Pricing is subject to change upon the full scope of the project.

16b.) Project Scope
Prior to the commencement of work, all projects will be fully scoped and a list of duties created. A contract, or Web Work Agreement, will be drawn accordingly. Should the scope exceed the initial quotation, Simple Site Services will submit a quotation for approval before proceeding.

16c.) Development Fees
Initial minimum 75% advance deposit is required before work on the web project begins. The balance is to be paid on completion and acceptance by the client and prior to making the website accessible to the public. SKY DEVELOPMENT unable to provide developed userid, password etc before full payment.

16d.) Development Additional Fees
If the quantity of materials delivered by the client exceed the number of agreed upon pages, or if programming differs from the duties specified in the Web Work Agreement, additional fees may apply. Moreover, the client will reimburse Simple Site Services for expenses of production not included in the Web Work Agreement. These expenses could include copy writing, digital photography, and stock photography. These fees will be invoiced after the completion of the web project.

16e.) Web Development Payment
Clients may elect to receive email, fax, or hard copy invoices. Payment is due on invoicing.

16f.) Project Materials
All materials required for the production of the project that are not included in the Web Work Agreement will be provided by the client. These include copy, photographs, digital media, and logos. Materials will be delivered in electronic format for PC, or additional fees may incur for typing, scanning, and file conversion. Copy provided will be proofread and edited. Simple Site Services is not responsible for proofreading and editing of materials provided by the client.

16g.) Project Accurac
While SKY DEVELOPMENT uses reasonable efforts to include accurate and up-to-date information in this Site. SKY DEVELOPMENT makes no warranties or representations as to its accuracy. SKY DEVELOPMENT assumes no liability or responsibility for any errors or omissions in the content of this Site.

16h.) Web Development Damages
Your use of and browsing in this Site are at your risk. Neither SKY DEVELOPMENT, nor any other party involved in creating, producing, or delivering this Site and or its content is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of this Site. Without limiting the foregoing, everything on this Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. SKY DEVELOPMENT also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video, or audio from this Site.

17.) Lawful Purpose
SKY DEVELOPMENT reserves the right to refuse service to anyone. Customers may only use our server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. SKY DEVELOPMENT expressly forbids anyone from using our servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of SKY DEVELOPMENT management.

18.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold SKY DEVELOPMENT harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SKY DEVELOPMENT, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SKY DEVELOPMENT against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SKY DEVELOPMENT; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from SKY DEVELOPMENT's server.

19.) Arbitration
By using any SKY DEVELOPMENT services, you agree to submit to binding arbitration. If any disputes or claims arise against SKY DEVELOPMENT or its subsidiaries, such disputes will be handled by an arbitrator of SKY DEVELOPMENT's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Texas. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. 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.

20.) Disclaimer
SKY DEVELOPMENT shall not be responsible for any damages your business may suffer. SKY DEVELOPMENT makes no warranties of any kind, expressed or implied for services we provide. SKY DEVELOPMENT disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by SKY DEVELOPMENT and its employees.

21.) Disclosure to law enforcement
SKY DEVELOPMENT may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies.
We will cooperate fully with law enforcement agencies.

22.) Changes to the TOS
SKY DEVELOPMENT reserves the right to revise its policies at any time without notice.

All clients of SKY DEVELOPMENT must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation and/or fines billed to the Customer.

 Last Update : 28/08/2017

 
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