Last Updated:

March 3, 2021

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

SKY1 offers a variety of services to customers that range from hosting and website services (including shared, VPS, and dedicated hosting, WordPress hosting, email, cloud services, and domain registration services among others. These services are collectively referred to as “Services.”

By using SKY1’s Services, Customer agrees to these Terms of Service and any other policies or terms referenced or published by us (collectively, the “Terms”). If Customer does not accept these Terms, Customer must not register an account or purchase, access, or use SKY1’s Services in any way.

These Terms form a binding legal agreement between SKY1 and any person or organization who purchases, accesses, or uses SKY1’s Services (“Customer” or “You”). Customer represents, warrants, and agrees that (a) Customer has the full power and authority to enter into and perform under these Terms, or (b) if Customer is using these Services on behalf of an organization, entity, or group, that Customer is authorized to accept these Terms.

Financial Arrangements

  1. Customer agrees to a thirty (30) day contract minimum beginning upon commencement of service. Exact contract duration is decided upon at signup.
  2. AUTOMATIC RENEWAL: At the end of the contract term, the contract will automatically renew at the then-current, non-promotional rate for the original contract length indefinitely until canceled.SKY1 will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method associated with your account. If you do not wish for any service to automatically renew, you may elect to cancel that service, in which case, your Services will terminate upon expiration of the then-current term, unless you manually renew your Services before that date. Any Services must be canceled prior to their renewal date(s) in order to avoid automatic renewals. Renewal dates take effect at midnight, PST.If the customer’s payment card is determined to be expired, invalid, or otherwise not able to be charged, the customer agrees that SKY1 may use other payment methods linked to the customer’s bank account (such as new credit card credentials from your card issuer). If any non-refundable charges have already been incurred, they must be paid before the account may be canceled.

    You can cancel by emailing SKY1 at https://sky1.us/contact.

     

  3. Violations of SKY1’s Terms may, at SKY1’s discretion, result in immediate and permanent disablement without refund.
  4. Disputed charges (“chargebacks”) associated with any SKY1 account, at SKY1’s discretion, may result in immediate and potentially permanent disablement of Services or the full account. Each rejected charge will incur a $85 fee on the account which must be paid before any Services may be reactivated.
  5. SKY1 reserves the right to modify current service plans, fees, and applicable charges at any time. Services that involve outdated or unsupported features may incur additional maintenance fees. In such situations, SKY1 will provide notice to Customer, and will allow Customer to cancel the Services without incurring additional change fees, but no refund will be payable for any fees previously assessed.

Taxes

  1. SKY1 shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or SKY1 Web Hosting’s server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Material Products

  1. Customer will provide SKY1 with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of SKY1. SKY1 shall make no effort to validate this information for content, correctness or usability.
  2. Use of SKY1’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer’s Webspace by the Customer.
  3. The following examples are offered:
    1. Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
    2. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
  4. The Customer agrees that they have the necessary knowledge to create Customer’s Webspace. Customer agrees that it is not the responsibility of SKY1 to provide this knowledge or Customer Support outside of the defined service of SKY1.
  5. SKY1 will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.
  6. SKY1 reserves the right to police its network to verify compliance with all agreed upon Terms.
  7. The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
  8. SKY1 reserves the right to disconnect any website or server deemed to present a security threat to SKY1’s customers, servers, or network.
  9. SKY1 makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. SKY1 also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of SKY1 is at the Customer’s own risk, and SKY1 specifically denies any responsibility for the accuracy or quality of information obtained through its Services. Any mention of connection speeds associated with SKY1’s Services represents the maximum achievable speed. SKY1 does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). SKY1 expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
  10. SKY1 specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, SKY1 may, at its option and at any time, reject this material, including but not limited to after it has been put on SKY1’s servers. SKY1 agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of SKY1. If the Customer fails to modify the material, as directed by SKY1, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
  11. All domain names registered through SKY1, that are ‘parked’ or are otherwise not immediately associated with a SKY1 hosting plan will be automatically pointed to a “Coming Soon” web page which informs visitors that the registrant has recently registered their domain name via SKY1.com. The Coming Soon web page may be modified at any time by SKY1 without prior notice to you and may include such things as, without limitation, links to additional products and Services offered by SKY1.

Trademarks & Copyrights

  1. Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer’s account.

Hardware, Equipment, & Software

  1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access SKY1 Services.
  2. SKY1 makes no representations, warranties or assurances that the Customer’s equipment will be compatible with SKY1 Services.

Guaranteed Uptime

  1. SKY1 guarantees 100% uptime. A failure to provide 100% uptime will result in customer compensation pursuant to guidelines established herein.
  2. Customer is entitled to compensation if Customer’s web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in SKY1 systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.
  3. Customer will receive SKY1 credit equal to the Customer’s current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of Customer’s next pre-paid hosting renewal fee.
  4. SKY1’s assessment of downtime begins when Customer opens a support ticket to report the problem.

Age

  1. The Customer certifies that they are at least 18 years of age, or that their parent or legal guardian will act as the “customer” in terms of this contract.

Termination

  1. This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. SKY1 will accept termination by electronic mail. Notwithstanding the above, SKY1 may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. SKY1 reserves the right to charge a reinstatement fee.

Limited Liability

  1. Customer expressly agrees that use of SKY1’s Services is at Customer’s sole risk. Neither SKY1, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that SKY1’s Services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through SKY1 Services, unless otherwise expressly stated in this contract.
  2. Under no circumstances, including negligence, shall SKY1, its offices, agents or anyone else involved in creating, producing or distributing SKY1’s Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use SKY1’s Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to SKY1’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content utilizing SKY1’s Services.
  3. Notwithstanding the above, Customer’s exclusive remedies and SKY1’s total liability for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, arising out of or in connection with these Terms or from the use or inability to use the Services, shall not exceed the aggregate amount which Customer paid to SKY1 during the six (6) months immediately preceding the claim.

Indemnification

  1. Customer agrees that it shall defend, indemnify, save and hold SKY1 harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against SKY1, its agents, its customers, sub-contractors 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 SKY1 against Liabilities arising out of
    1. any injury to person or property caused by any products sold or otherwise distributed in connection with SKY1’s Server;
    2. any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
    3. copyright infringement;
    4. any defective product which Customer sold on SKY1’s servers.

Sanctioned Countries

Customer agrees to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from SKY1 under this Agreement to any destination, entity, or person prohibited by the laws or regulations of the United States, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, SKY1 from and against any fines or penalties that may arise as a result of Customer’s breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

Other Terms and Policies

Customer agrees to abide by the terms set forth in this Terms of Service as well as other SKY1 policy documents including, but not limited to the following, each of which are incorporated herein by reference, and together with the Terms of Service, constitute the entire agreement of the parties:

  1. Acceptable Use Policy
  2. Anti-Spam Policy
  3. Privacy Policy

A full list of all policies can be found here: www.SKY1.us/legal.

Customer also agrees to abide by all applicable terms set forth by all SKY1 partners and subsidiaries.

Contract Revisions

As SKY1 evolves, we may modify these Terms from time to time to reflect changes in our business. These modifications may include cancellation of outdated products or Services, additional fees, and changes to our policies among others. In some instances, we may provide you with additional notice of updates including but not limited to adding a statement to the website, via the newsletter, or sending you an email notification. However, it is your responsibility to periodically check for the current version of our Terms by visiting this page (and other pages referenced in the Terms).

If you continue to use or access the Services after the effective date set forth above, you agree to be bound by any revised Terms, and all other terms or policies incorporated herein either directly or by reference.

Transfer

Customer may not assign or transfer Customer’s rights or obligations under these Terms without the written consent of SKY1.

Governing Law

The Terms and the resolution of any disputes shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.