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Terms & Conditions

Sky Development - A Complete Web Solution Company.

 
 

SKY DEVELOPMENT reserves the right to suspend or cancel a customer's access to any or all services provided by SKY DEVELOPMENT when we decide that the account has been inappropriately used.

Server abuse
Any attempt to undermine or cause harm to a server, or customer, of SKY DEVELOPMENT is strictly prohibited.

Unauthorized use of other people's accounts or computers SKY DEVELOPMENT will strongly react to any use or attempted use of an Internet account or computer without the owner's authorization. Such attempts include internet scamming, tricking other people into releasing their passwords, password robbery, security hole scanning etc.

Any unauthorized use of accounts or computers by a SKY DEVELOPMENT customer, whether or not the attacked account or computer belongs to SKY DEVELOPMENT, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Contents
All services provided by SKY DEVELOPMENT 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 or City law is prohibited. this includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. The subscriber agrees to indemnify and hold harmless SKY DEVELOPMENT from any claims resulting from the use of the service which damages the subscriber or any other party.
SKY DEVELOPMENT customers are responsible for maintaining any addon scripts installed on our server. This includes applying any security patches or updates to installed scripts. SKY DEVELOPMENT has the right to disable or remove any script found to be a risk to the server or other customers.

 

Examples of unacceptable material on all Shared, Reseller & VPS servers include:

    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

Examples of unacceptable material on all 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



SKY DEVELOPMENT will be the sole arbiter as to what constitutes a violation of this provision.

Excessive CPU/Memory Resource Policy

Resources are defined as bandwidth and/or processor usage. This policy is implemented to prevent the misuse of our servers. CPU usage on the hosting server where your account is hosted is regulated as follows. Each account is only allowed to use a maximum 10% of the CPU power/usage at any given time. Accounts that use above this amount or cause the web server to slow down for any reason will be asked to reduce the amount of load and traffic or upgrade to a US dedicated server or UK dedicated server option. Even if the customer upgrades we reserve the right to lock specific files or scripts that are found to still be overusing the CPU on their own and notify you of this. If this issue is not resolved promptly SKY DEVELOPMENT reserves the right to suspend or terminate an account without a refund if we feel that an account is jeopardizing our network and hence violating our TOS. SKY DEVELOPMENT will remain the sole arbiter as to what constitutes a violation of this policy.


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.
 

VPS Hosting Content and Usage

Our exclusive VPS Hosting packages are restricted by their content and usage. The following content types are not allowed within the VPS Hosting servers including but not limited to audio, video, and software downloading websites; audio or video streaming websites; and free hosting or e-mail providers. A violation of this provision will result in immediate suspension to prevent any issues for our other valued customers.

Resellers Overselling Policy

Overselling is expressly prohibited for all cpanel hosting reseller and windows hosting reseller accounts at SKY DEVELOPMENT without permission. SKY DEVELOPMENT reserves the right to allow or disallow overselling permission. SKY DEVELOPMENT reserves the right to terminate any account without refund if any reseller caught overselling our services without permission. Our plans are designed so that a specific number of customers can be hosted per server. Overselling damages the quality of services for all customers.

False Information

SKY DEVELOPMENT customers agree not to post any false information to news groups as this will be violating their terms and conditions. Should SKY DEVELOPMENT be contacted at anytime with regards to any false, unethical or unlawful activities made by you, then SKY DEVELOPMENT reserves the right to terminate your web hosting service without notice and no refund will be issued due to violating SKY DEVELOPMENT’s TOS.

Non Legal Activity

SKY DEVELOPMENT hosting advises that its services may only be used for lawful purposes. Any actions by any account holder at SKY DEVELOPMENT that violates state, federal, local or international laws are strictly prohibited and will result in immediate removal of this customers account, including any files stored in the account. The following activities listed, but not limited too are forbidden at SKY DEVELOPMENT and will result in immediate dismissal of all customer accounts and files; if you host or serve any material that contains threatening, unlawful, abusive, obscene, offensive or material SKY DEVELOPMENT finds inappropriate, hosting unlicensed software that is available to public, software or files that contain viruses or harm user’s computers, sending unsolicited or prohibited advertisements, or mass emails, attempt to use any account without the current owners authorization or any attempts to “internet scam” will all result in actions being taken against the account holder which may include but are not limited to: warnings, account suspension or termination or legal action. Any accounts terminated for violating SKY DEVELOPMENT TOS will not be eligible for any refund.

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 470 processing fees per domain. SKY DEVELOPMENT reserves the right to refuse service to anyone.

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.

Additional Service Installation

SKY DEVELOPMENT offers its customers many scripts for free by offering its customers Fantastico hosting and cPanel hosting. These free scripts are provided on 'as-is' basis. Customer agrees to be fully responsible for any damage resulting from installation and usage of such scripts within their web hosting account. Should a customer request to have any additional scripts or software installed onto SKY DEVELOPMENT servers that are not included already in the control panel or Fantastico, there will be a technical administrative charge of USD 25.00
INR 1,175
for this service.

Background Operations

SKY DEVELOPMENT may allow programs to run continually in the background. These are called cron jobs and are limited to run every two hours only. Any account violating this term will be suspended until this matter is completely resolved.

Downloading
We do not allow clients to use their account to distribute files via downloading, without approving it with SKY DEVELOPMENT. Most downloading sites tend to be large system hogs and we cannot allow it as an account option.  These files usually come in mass in .zip files, mp3 files, and .tar files.


Abuse of Bandwidth
SKY DEVELOPMENT customers are privileged with a generous amount of bandwidth per month per account. The intention of SKY DEVELOPMENT is to provide a large space to serve web documents, not an offsite storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on our server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of SKY DEVELOPMENT. Any customer who violates SKY DEVELOPMENT's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. Failure to fix the problem when being asked will result in account suspension or cancellation at the discretion of SKY DEVELOPMENT.


To maintain the integrity of our service the following limitations apply:

Sites with Banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred is graphics) Sites offering download files or archives. (This is any site where 75% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds.

Traffic will go unmonitored until you reach your quota. Thereafter, you will be asked to upgrade to the next available plan and/or pay for excess of usage. You will receive a notice detailing your bandwidth usage. You will have 7 days to upgrade to the next available plan and/or pay for excess of usage. If you do not upgrade to the next available plan your site will be disabled within 7 days of your first notice.

SKY DEVELOPMENT will be the sole arbiter as to what constitutes a violation of this provision

Bandwidth Usage
If a site uses over it's allotment of bandwidth for its type of account, the customer will be charged additional cost over allotment per month. If a site is popular enough that is using more than its bandwidth allotment, then the customer is expected to be responsible for higher charges based on the amount of data transfer.

The customer will be e-mailed a notice once an additional amount is assessed to the customer account. Warnings will not be sent to notify customer that the limit has been reached or exceeded. This term and condition is non-negotiable.

Customers have the right to use their account for any type of legal data transfer including providing free image services that can be linked from the owner's account from any other service.

Backups
We try to backup accounts on all servers daily and weekly, however, it's not our responsibility to keep them safe for you at all time. If our servers got compromised or destroyed for any reasons, your information might be lost, so if your web site and information in your account are important to you, please back them up and save them on your computer. We have this backup feature in Cpanel where you can do it yourself as many times as you need. 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. Customers are prohibited from using the server as a file/backup repository. Customers are expected to employ good house keeping when maintaining their account. 99% Uptime Guarantee
If our network is down more than a cumulative 1 hour per month, we will credit the amount of downtime over 1 hour to your next Hosting Service fees. Downtime is referred to as our network equipment being down for any reasons. We do not possess control over the Internet, therefore we cannot guarantee that you will be able to access a particular web site due to circumstances beyond our control. When downtime occurs, SKY DEVELOPMENT is not liable for any damages it might cause your business, but we'll try our best to bring the server back online as soon as possible.

In order to receive your credit you must do the following:

    Document the outage/downtime in writing. Have the downtime verified by SKY DEVELOPMENT

Unsolicited Email (Spam)
Commercial advertisements with e-mail Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. Spamming or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.

Chat Rooms
We do not allow clients to install their own chat rooms, without approving it with SKY DEVELOPMENT. Most chat rooms tend to be large system hogs and we cannot allow it as an account option.

Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.



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.

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.

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.

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.

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

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.

Project Accuracy
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.

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.



Payment Policies
All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. SKY DEVELOPMENT reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies SKY DEVELOPMENT in writing for a request for termination of services. All payment is in usd currency or INR currency. SKY DEVELOPMENT not responsible about any type of payment related problems.

Late Payment
We have zero tolerance policy for late payment. We are very flexible with payments as long as you communicate with us. However failure to communicate and payment being late will result in suspension of service. Late Payments are charged a fee of 10% extra of actual price or USD 10.00/INR 470 per server or service that is late. At the sole discretion of SKY DEVELOPMENT. We can waive the Late Payment. If your servers or services are turned off there is a USD 25.00/INR 1175 re-activation fee per server or service.

Cancellation
SKY DEVELOPMENT reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by SKY DEVELOPMENT if SKY DEVELOPMENT institutes its right of cancellation. Refunds won't be applied for yearly plans unless you upgrade your plans, the credit of old plan will be credited toward the new plan. Any violation of policies which results in extra costs will be asked customer to pay (i.e. transfer, space etc.). SKY DEVELOPMENT must be notified by client at least 3 days before billing cycle for cancellation of service. .

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.

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, it's 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 our server; (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 customer from our server.

Disclaimer
SKY DEVELOPMENT will 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. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by SKY DEVELOPMENT and its employees. SKY DEVELOPMENT reserves the right to revise its policies at any time.

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 : 01/08/2011