Terms Of Service
Interruptions in Service
Because the internet is a constant evolving and changing medium. Things happen. At Skiltec web hosting we will do our best to keep thing running smoothly 24/7. CLIENT understands that sometimes the service will go down due to scheduled maintenance by Skiltec or third- party providers and Skiltec or the third-party providers are free from any damage that may incur during such an event.
CLIENT is responsible for protecting CLIENT’S password and for any authorized or unauthorized use made of CLIENT’s password. CLIENT will not use or permit anyone to use Skiltec’s service to guess passwords or to access other systems or networks without authorization. Skiltec will fully co-operate with law enforcement authorities in the detection and prosecution of illegal activity.
CLIENT must return to Skiltec all IP addresses issued by Skiltec to CLIENT if CLIENT discontinues service with Skiltec or if Skiltec discontinues service.
Skiltec has the right to refuse service to a client if the content being provides is deemed illegal, misleading, contains child poronography, promoting illegal drugs, hate groups.
Skiltec may also refuse service is the Clients content infringes upon any copyright or trademarks. This includes but is not limited to unauthorized music, books photos, counterfeit merchandise etc…
CLIENTS may not use their accounts as a backup/storage device. Do not backup your local computer on the server and all content must be publicly accessible via the website.
Examples of unacceptable material on all hosting plans include:
- Email Marketing
- 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
- Large collection of MP3 files and/or DVD/CD ISO Image Files
- Banner-Ad services (commercial banner ad rotation)
- File Dump/Mirror Scripts (similar to rapidshare)
- Commercial Audio Streaming (more than one or two streams)
- 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 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
- Push button mail scripts
- Broadcast of Streaming of Live Sporting Events
- Anonymous or Bulk SMS Gateways
- Bitcoin Mining
- PayDay Loan Site
CLIENTS who provide the above-mentioned content are in breach of the contract. Skiltec may terminate service without notice and without any refunds of CLIENT’s unused pre-paid portion of funds.
Backups and Data Loss
The backup service is provided as a courtesy to our shared and reseller customers. Skiltec backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. Skiltec makes no guarantees about the weekly backups, and require a $35 fee to restore the backups. Skiltec will not be 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. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Skiltec. Any shared or reseller account using more than 10 GB of disk space will be removed during weekly backup.
Dedicated and VPS servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. It is your responsibility to maintain backups.
Unsolicited Commercial Email
Clients are not allowed to use Skiltec’s networks to transact unsolicited commercial email. Clients are not allowed to permit others to use Skiltec’s networks for spam. If the CLIENT gets caught Skiltec reserves the right to terminate all services with out warning. Skiltec will also fine the individual $500 per spam incident.
Warranty and Assumption of Risk
CLIENT uses Skiltecs services at CLIENT’s own risk. Skiltecs makes no warranty expressed or implied, including but not limited to any warranty of merchantability or fitness for a particular purpose. Skiltecs shall not be liable for any loss or other damage, including but not limited to special, incidental, consequential, or punitive damages, resulting from any failure to provide service or from any termination of service. Skiltecs has no control whatsoever and shall not be responsible to CLIENT for the content of any web site or for the content of any third-party material passing through or associated with CLIENT’s web site, some of which may be illegal, inaccurate, adult in nature, harmful, or offensive.
Term of Contract, Termination, and Renewal
- All contracts are on a recurring basis. CLIENT shall pay Skiltecs recurring fees (hereinafter “Recurring Fees”), plus bandwidth charges as outlined on invoice . Pre-payment of recurring fees is due by the time stated on Skiltecs invoice. Amounts past due may result in the termination of CLIENT’s account. Taxes, special services and third party charges will be stated separately on the invoice. CLIENT shall pay all taxes, fees, and governmental charges. Skiltecs may change prices without notice and it is the CLIENT’s responsibility to check the website for updates. Grandfathered accounts will not be affected.
- If CLIENT breaches any part of this contract and CWH has to engage the services of an attorney, the CLIENT will pay any and all of Skiltecs reasonable attorney fees and court costs.
- All CLIENT fees are due in advance of the first day of the relevant term. For example, the fees for such services, ie. Web Hosting, during the term shall be due on the Effective Date or before the provision of Services. The fees for Services for Renewal Term are due on or prior to the Anniversary Date for such Renewal Term. The amount due may be adjusted by addition of Services, Upgrade of Services, discontinuance of services or downgrade of services and through the use of any SLA Credits applied. The fees for additional or upgraded services for which the “Order” is accepted will be due on the anniversary billing date will be pro-rated on a calendar day basis to the next Anniversary Billing Date and billed as a one time pro-rated charge. All fees will be due for the following renewal terms until cancelled in Section 13a. In the event that a customer does not pay service fees by the Renewal Date, customer will be assessed a fee of $20.00 and must be submitted within 7-days of the customers renewal date. At the end of 7-days, services including Web Hosting Servers and Data, will become inaccessible and will automatically be reclaimed.
- Cancellation of services must be given 2 months in advance in writing. Email is a acceptable form at email@example.com.
14. Limitation of Liability
In no event shall Skiltecs or any of its officers, contractors, or employees be liable for any loss of profit or revenue by CLIENT or for any consequential, incidental, special or exemplary damages incurred or suffered by CLIENT, nor for any loss of power or heating, ventilation, and air conditioning interruption, even if Skiltecs has been advised of the possibility of such loss or damage. CLIENT shall indemnify and hold harmless Skiltecs from and against any all claims, costs, expenses or liability arising out of CLIENT’s (inclusive CLIENT’s officer, contractors, employee agents and invitees) collective or individual use, occupancy or operation of CLIENT’s web site content and/or information.
Skiltec reserves the right to revise its policies at any time without notice.