Terms and conditions: **UPDATED January 14, 2005** Use of SkyeCom.Net Hosting Service constitutes acceptance and agreement to SkyeCom.Net Hosting's TOS as well as SkyeCom.Net Hosting's Privacy Policy Policy and Service Guidelines We want to provide the best possible service to our customers and to do so, we have to set forth some guidelines for everyone to follow. Even if you place your order by phone, you are bound by these terms and conditions. These terms and conditions override any email, chat session, or contact of any kind with any of our staff. This Registration Agreement ("Agreement") also sets forth the terms and conditions of your use of this site to register a domain name on the Internet. This Agreement will become effective when accepted by both parties. Content All services provided by us may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States, Federal, State, City, Country or Province law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless SkyeCom.Net Hosting from any claims resulting from the use of the service which damages the subscriber or any other party. Pornography and sex-related merchandising and material is prohibited on all sites hosted by SkyeCom.Net Hosting. This includes sites that may infer sexual content, or links to adult content elsewhere. SkyeCom.Net Hosting will be the sole arbiter in determining violations of this provision. If pornography is found on our server, the offending domain will be deleted immediately with no warning and no refunds of money will be given. Also prohibited are sites that promote any illegal activity or present content that may be damaging to SkyeCom.Net Hosting servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links: Pirated software Hacker / Cracker programs or archives Warez sites SkyeCom.Net Hosting will be the sole arbiter as to what constitutes a violation of this provision. Email Spamming, or the sending of unsolicited e-mail or message board posts including, without limitation, commercial advertising and informational announcements, from our server(s) or using an e-mail address or domain that is maintained on an SkyeCom.Net Hosting machine as reference in that spam is STRICTLY prohibited. Domains and sites are subject to being canceled immediately off of our server as well as fined no less than $500 US. A user shall not use another site's mail server to relay mail without the express permission of the site. SkyeCom.Net Hosting will be the sole arbiter as to what constitutes a violation of these provisions. To reduce loads on our servers we have imposed a restriction on how many times you may check your e-mail in an hour. This limit is 60 times. This does not mean that you will lose any e-mail during that given time, it just means that you cannot sit with your e-mail program open and hit the receive button every 30 seconds. To reduce the possibility of spam and to reduce the load on our servers we have imposed a restriction on how many e-mails each domain may send out in a given hour. That limit is 250 per hour. We believe that 6000 e-mails in a 24 hour period of time is plenty. Hosting Packages We reserve the right to change the packages that we offer in any way without prior notice. We normally will send out an announcement when we change things but we reserve the right not to. Domain Registration 1. Fees As consideration for the domain name registration services provided by SkyeCom.Net Hosting, and Dotster, you shall pay all applicable initial registration fees and renewal fees. We register your new domain through an ICANN approved registrar (Dotster) and you agree to pay us $15.00 US per year for the total of the years that you are registering upon registration and then you agree to pay $15.00 US per year after that for every year that you use the domain. You will be notified (by email only) when renewal fees are due or if you have a hosting package with us for that domain, your account will be automatically debited 45 days prior to it's renewal time to be sure it gets renewed, and it shall be your responsibility to ensure that such fees are paid. If you do not respond or pay within the specified time period for registrations or renewals or if you have the charges reversed on your credit card after ordering the domain (even though you ordered it), the ownership of the domain will transfer to SkyeCom.Net Hosting and will not be available for purchase. You agree that SkyeCom.Net Hosting shall have no liability whatsoever with respect to any such cancellation, and that SkyeCom.Net Hosting may cancel or reassign the domain name in the event of any delinquency or abuse of these terms. We reserve the right to refuse any domain registration request at our discretion. All domain registration fees are non-refundable. Once the domain is ordered, we can not get your money back if you change your mind. To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement, the accompanying fee schedule and dispute policy, and any rules or policies that are or may be published by SkyeCom.Net Hosting and/or Dotster. You acknowledge that SkyeCom.Net Hosting may modify this Agreement if necessary to comply with its Agreement with the registrar and ICANN, or for any other business purpose. 2. Dispute Policy In applying for a domain name, you warrant that the registration is not made in bad faith and that the name does not conflict with another domain name. You agree to be bound by the current Dotster Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at https://secure.registerapi.com/order/register/dispute.php. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. Dotster may modify the Dispute Policy in its sole discretion at any time. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name is challenged by a third party. You also agree that in the event a domain name dispute arises with any third party, you will indemnify, defend and hold SkyeCom.Net Hosting , and Dotster harmless. 3. Use of Your Information As part of the domain registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameserver's for the domain name; (iv) the corresponding names of those nameserver's; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Who Is data. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name and hosting. If you license use of a domain name to a third party, you remain responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information. You acknowledge that SkyeCom.Net Hosting will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that SkyeCom.Net Hosting may or must make available to the public or to private entities. SkyeCom.Net Hosting will not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may request a copy of your information in SkyeCom.Net Hosting possession to review, modify or update such information. 4. Use Policies SkyeCom.Net Hosting reserves the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity. You may not transfer your domain to another registrar within sixty (60) days of obtaining the domain name through us. 5. Representations and Warranties You represent and warrant that all information provided by you in connection with your registration is complete and accurate. SkyeCom.Net Hosting makes no representation or warranties of any kind in connection with this Agreement. SkyeCom.Net Hosting does not represent or warrant that registration of your domain name will immunize you from challenges to your domain name. 6. Breach and Revocation Any breach by you of this Agreement or the Dispute Policy must be remedied by you within 30 days of notice by SkyeCom.Net Hosting If you fail to cure the breach, SkyeCom.Net Hosting may revoke your registration of the domain name. You also agree that SkyeCom.Net Hosting shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as SkyeCom.Net Hosting receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, re-querying the revocation, suspension, transfer or modification of the domain name registration. Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of SkyeCom.Net Hosting to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by SkyeCom.Net Hosting of a breach of any provision hereof be taken or held to be a waiver of the provision itself. 7. Agents Client understands, acknowledges and agrees that by using the domain on or any service of SkyeCom.Net Hosting client ratifies and is bound by this Agreement even if an agent (such as a webmaster, ISP, or employee) entered into this Agreement on the client's behalf, and even if client has not itself read this Agreement. Further, client is responsible for all information submitted by its agent. SkyeCom.Net Hosting will not cancel this Agreement, or refund any fees paid to it, because of errors or omissions of the agent in the registration process (e.g., if such agent provides incorrect information) or because of errors or omissions in changes to Registrant's client information, without client's actual consent, as such apparent authority will suffice to bind the client. By acting on the client's behalf, such agent represents and warrants to the client and SkyeCom.Net Hosting that the agent is authorized to bind client hereto and that it has fully and thoroughly advised client of the terms and conditions of this Agreement. You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement. System and Network Security Violations of the SkyeCom.Net Hosting system or network security are prohibited, and may result in criminal and civil liability. SkyeCom.Net Hosting will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, but not limited to, the following: 1. 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. 2. Unauthorized monitoring of data or traffic on any system or network without express authorization of the owner of the system or network. 3. Interference with service to any user including, but not limited to, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. 4. Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting. SkyeCom.Net Hosting reserves the right to report illegal activities to any and all regulatory, administrative, and / or governmental authorities for prosecution. IRC We currently do not allow IRC or IRC bots to be operated on our servers. SSH We currently do not allow SSH access to our servers. This is a security risk in a shared hosting environment. Age The client must be 18 years of age to obtain our hosting services. If a client is under the age of 18 and would like to obtain our hosting services then it is necessary for a parent or guardian to enter this agreement. Server Abuse Any attempt to undermine or cause harm to a server, or customer, of SkyeCom.Net Hosting is strictly prohibited. Background Running Programs and Responsible CGI use We may give you the freedom in executing CGI programs at no cost. Other providers limit their users access to CGI. We do not. The only favor we ask in return is that you respect CPU usage. It would be unfair to other users to run a program that hindered the performance of a server. We reserve the right to disable any CGI script that affects normal server operation. No database may be used for logging of information available through our server logs. Databases are only to be used for SkyeCom.Net Hosting hosted web sites, and no outside access will be granted. No cron job may run more than once every two hours and must be set up to "nice" at a value of 10 or greater. No database may be used for logging of information available through our server logs. Databases are only to be used for SkyeCom.Net Hosting hosted web sites, and no outside access will be granted. No cron job may run more than once every two hours and must be set up to "nice" at a value of 10 or greater. The following scripts are not permitted to be run on SkyeCom.Net Hosting servers under any circumstance: BitchX bnc eggdrop generic-sniffers guardservices ircd psyBNC ptlink Excessive Use of Resources Excessive use of resources will cause your account to be suspended or terminated. A warning will be issued prior to suspension and/or termination. Excessive use is defined as using more then 3% of system resources. IP Numbers SkyeCom.Net Hosting maintains control and any ownership of any and all I. P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses. (you retain the ownership of your domain name and all material owned by you contained in your site.) Indemnity You agree to defend, indemnify and hold harmless SkyeCom.Net Hosting and any applicable domain name registry, including dotster.com, and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy. We do not own your domain name nor do we want to (unless you do not pay for it and we have to transfer the ownership to us - see the section on domain registration above) and we do not claim ownership of your content. It is completely yours. All content on your web site is considered a publication of yours and we are not to be held responsible for anything you present on the web through your domain in any way. Limitation of Liability (Domain Registration) YOU AGREE THAT SkyeCom.Net Hosting AND/OR Dotster WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO SkyeCom.Net Hosting /Dotster'S REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND SkyeCom.Net Hosting ; (e) EVENTS BEYOND SkyeCom.Net Hosting CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, SkyeCom.Net Hosting, OR Dotster WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF SkyeCom.Net Hosting HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SkyeCom.Net Hosting MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO SkyeCom.Net Hosting FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS. TO THE EXTENT APPLICABLE STATE DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW Limitation of Liability (Hosting) SkyeCom.Net Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from SkyeCom.Net Hosting servers going off-line or being unavailable for any reason whatsoever. Further, SkyeCom.Net Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of SkyeCom.Net Hosting servers. All damages shall be limited to the immediate termination of your service. SkyeCom.Net Hosting, will not be held responsible for any problems that a client's customer may have. We will always do our best to keep things running smoothly and to ensure that your web experience is the best. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Number, Password or security authentication; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your Web site; (8) loss or liability from your inability to use our mail service; or (9) loss or liability from the use of our mail service; or (10) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agents failure to pay any fees, including the initial registration fee or re-registration fee. Account Activation All sales/services/subscriptions are FINAL with the exception of our 30 day money back guaranatee, no refunds. However, if our servers or network goes down for unexpected maintenance/our servers going off line for an unreasonable amount of time, we will give you a credit on your next months hosting. By activating your account with SkyeCom.Net Hosting, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information. Payment Payment is due 15 days from receipt of invoice. Payments not received within 3 days of the due date of invoice subjects your account to suspension. Payments not received within 7 days of the due date of invoice subjects your account to deletion. Refunds and 30 Day Money Back Guarantee SkyeCom.Net Hosting offers a 30 day money back guarantee. This 30 day money back guarantee covers you in the event that we fail to provide the services in which you have purchased. In the event that we fail to provide you with the services you have purchased please send e-mail to support@skyecom.net and request your refund. Refunds will be issued within 30 days of receipt of refund request. Refunds will not be given, simply because you change your mind. Refunds will only be given if we fail to provide you with the services we advertise. If you are having a problem with your hosting, you should submit a trouble ticket to our HelpDesk or send e-mail to our Support Department, describing your problem and we will promptly assist you. Refunds will not be given if you have not requested assistance. Setup fees are Non-Refundable Acceptance of Contractual Agreement 1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by SkyeCom.Net Hosting, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed. 2. SkyeCom.Net Hosting will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service. 3. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will pay SkyeCom.Net Hosting any additional fees as specified. Payment: Establishment of this service is contingent upon receipt of payment from Customer to SkyeCom.Net Hosting. Subsequent payments are due on the anniversary date of the month for that month’s service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services. Payments and Fees: Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $30.00 reconnect charge. Accounts that are not collectable by SkyeCom.Net Hosting will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty($50.00) nor more than One Hundred, Fifty($150.00) Delinquent Accounts: SkyeCom.Net Hosting may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees. Account Cancellation: All requests for canceling any service / services must be made in writing with at least 30 days notice but not more than 60 days prior written notice and emailed to info@skyecom.net. Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 5PM PST Monday - Friday. Refunds and Disputes: All payments to SkyeCom.Net Hosting are non-refundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, in SkyeCom.Net Hosting's discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service. Unlawful or fraudulent chargebacks subject you to legal action by SkyeCom.Net Hosting and Our holders, owners and administrators! Refusal of Service SkyeCom.Net Hosting shall be the sole arbiter of what is and is not a violation of these acceptable use policies. SkyeCom.Net Hosting reserves the right to terminate any account at any time and for any reason. SkyeCom.Net Hosting reserves the right to delete all content and files upon termination. SkyeCom.Net Hosting reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. SkyeCom.Net Hosting ,reserves the right to refuse, cancel, or suspend service at our sole discretion. In the event that any provision of this Agreement is deemed unenforceable or invalid, such un enforceability or invalidity shall not affect the remainder of this Agreement. SkyeCom.Net Hosting may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of SkyeCom.Net Hosting as reflected in the original provision. This Agreement and all rights hereunder shall be governed by the laws of the State of Georgia. Any action relating to this Agreement or to your use of the SkyeCom.Net Hosting site shall be brought exclusively in the courts of the state of Georgia in the USA. SkyeCom.Net Hosting reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent. This Agreement, the SkyeCom.Net Hosting fee schedule, the hosting terms of use and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and SkyeCom.Net Hosting ,and supersede and govern all prior proposals, agreements, or other communications. Complaints regarding Illegal Use or System or Network Security issues and complaints regarding email abuse or SPAM should be sent to our abuse team at abuse@skyecom.net. Failure to follow any term or condition will be grounds for immediate shut down