READ THIS AGREEMENT CAREFULLY BEFORE USING ANY 7SKYHOST SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN CUSTOMER (referred to herein as “Customer”) AND 7SKYHOST.
Please note that this agreement is subjected to change and it is Customer’s responsibility to regularly check for modifications. If Customer signed up for the Service before the Posted/Revised date listed above, the new version will become effective thirty (30) days after the Posted/Revised date listed below. Continued use of the Service constitutes acceptance to the new version of this agreement.
7SKYHOST reserves the right to refuse or terminate service to anyone, at any time and for any reason, including but not limited to violation of 7SKYHOST’s Acceptable Use Policy & Terms of Service. Should 7SKYHOST terminates Customer’s service for a reason other than violation of the Acceptable Use Policy & Terms Of Service, 7SKYHOST will issue Customer a refund for the remaining paid period of service. Under no circumstances is 7SKYHOST responsible for any damages resulting from termination of service. 7SKYHOST reserves the right to refuse service to particular individuals or entities, at its sole discretion, with or without cause. 7SKYHOST may also request client scanned passport, driving license or government issued id card for security reason. Your scanned copies wouldnot be shared with anyone.
Scripting and Program
It is the Customer’s responsibility to ensure that scripts/programs installed under Customer’s account are secure and permissions of directories are set properly. Permissions for most directories must be set as restrictive as possible such as 755 to avoid being hacked or compromised. Customer is ultimately responsible for all actions taken under Customer’s account. This includes the compromise of credentials such as user name and password. It is required that Customer use a strong and secure password. If the password is weak, customer’s account may be suspended until the password is replaced with a strong and secure password.
Backups/Responsibility for Content
It is our advice to our valued customers that they should backup their files (weekly or monthly) and databases (daily) to their PC or any Remote FTP or Remote Backup Storage’s. You, as 7SKYHOST Customer, are solely responsible for the content stored on and served by 7SKYHOST server. We do not take responsibility of any of your data in case of server crashed or some natural cause happened. We will try our best to save your data if server has been crashed due to any of hardware failure. No refunds are applicable in case of hardware failure. There is no backup for VPS and Dedicated Server or any other plans. You must configure your backups with external services like Amazon S3 or any other services.
Resource Usage
By signing up with our Hosting Service, you agree not to overuse our Server Resources. You should understand that you are on a Shared Environment & all resources are equally distributed among Customers. As our aim is to provide quality hosting to every client, we do not restrict your processor/ram usage as other Hosting Companies do on their Shared Servers 10-20% limitations etc. We do not limit your queries or email/hr restriction provided that make sure script is stable and emails should be used for notification/activations links or within website emails. If unstable script starts over usage or emails uses for spam work, we will suspend the account temporarily & inform the Customer to modify his/her website as required. After acknowledgement of the customer, Services will be resumed. You may not use resource-intensive programs which negatively impact other customers or the performances of 7SKYHOST Servers. 7SKYHOST reserves the right to terminate or limit such activities any time.
Bandwidth Usage
7SKYHOST does not cap bandwidth in any of shared or dedicated server plans. We do not restrict monthly bandwidth usage. However our services cannot be used for Seed Box or Video Storages such as websites like YouTube. We allow small amount of streaming but not like commercial scale such as YouTube or Vimeo.
Content
All services provided by 7SKYHOST may only be used for lawful purposes. The laws of United States, Germany and Ukraine apply. The customer agrees to indemnify and hold harmless 7SKYHOST from any claims resulting from the use of our services.
Failure to Pay
7SKYHOST may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. Your Invoice will be generated 7 days before next due date and you have 6 days to pay your unpaid bill. If subscriber unable to pay the bill then on 7th day, we will temporarily suspend their Shared Hosting and after fifteen days we will delete all their accounts and data. There will be no additional days given on dedicated servers and VPS.
Denial of Service
We reserve the right to refuse service to anyone at any time for any reason. Verbal abuse, threatening to any of our staff members will be a ground for immediate termination of accounts & services without refunds. If you want to discontinue our service, kindly use Account Cancellation Request Service from our Client Area. We will let you provide your full site backup of all your files.
Payments & Cancellation of Service
We accept PayPal, Payza automatically from client area. Payments of Skrill, Payoneer, Western Union and Webmoney has to be done manually by contacting our sales team. PayPal payments are subscribed automatically as you buy hosting, vps or dedicated server and will be charged automatically on next month billing. Server cancellation request must be done at-least 48hours before your next due date. Once your server is charged for next month then it will be cancelled by end of next month. As 7SKYHOST customer, you are fully responsible for making cancellation of contract before the next due date. Dedicated Servers will be automatically blocked for 48hours if invoice is not paid during grace period of 2 days and cancelled if billing due date is gone overdue for more than 48hours and no backups will be provided. Server billing and cancellation are very strict.
Refunds
We offer a 7 days Money Back Guarantee on Monthly or Quarterly Purchased Subscription of Shared Hosting. Purchase of Shared Hosting only Semi-Annual or Annually basis will have 30 Days Money Back Refunds. NO refunds are applicable on VPS, Dedicated servers, Services, Free Domain and Purchased Domains. If Customer registers any domain name as part of a “Free Domain Name” promotion in connection with the registration, Customer’s refund will be reduced by $12 or price charged per domain name. Customer will retain full ownership and control of any such domain names. Refunds on VPS/Dedicated Servers are only made if 7SKYHOST fails to alot you server within 3-7 Business Days Time or as time settled with customer. No refunds are applicable on purchased control panel e.g cPanel, Plesk, Direct Admin etc.
Privacy
7SKYHOST will never sell or disclose Customer’s contact information, data or Customer lists to any third party, unless required by law or specifically authorized by Customer. But we reserve the right to remove anything particular if we feel it is against our TOS.
Acceptable Use Policy
Customer asserts that it has read 7SKYHOST Acceptable Use Policy (“AUP”) and it Privacy Policy. Customer will adhere to the AUP and Privacy Policies and will not allow the Services or 7SKYHOST equipment to be used for activities prohibited by such policies. 7SKYHOST may revise the AUP from time to time by posting a new version thereof on the 7SKYHOST Website, and Customer is responsible for awareness of such revisions. In the event of any conflict between the AUP or the Privacy Policy and this Agreement, this Agreement will govern. 7SKYHOST may impose a penalty fees to the Customer if the AUP is broken.
Warranty
7SKYHOST services are provided on an “as is” and “as available” basis. 7SKYHOST does not warrant that the service will be uninterrupted, error-free, or free from viruses or other harmful components. 7SKYHOST makes no express or implied warranties, including without limitation warranties of title, non-infringement, merchantability, or fitness for a particular purpose. No advice provided by 7SKYHOST or any of its representatives will create a warranty.
Indemnification
Customer agrees that it shall indemnify 7SKYHOST harmless from any and all demands, liabilities, losses, costs and claims, including legal fees asserted against 7SKYHOST, 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 7SKYHOST against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with 7SKYHOST; (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 7SKYHOST server.
Disclaimer
7SKYHOST will not be liable for any consequential, incidental, exemplary, punitive, or multiple damages, even if 7SKYHOST was advised in advance of the possibility of such damages.
7SKYHOST will have no liability whatsoever for any claims, losses, actions, damages, suits, or proceedings resulting from: (i) other 7SKYHOST Customers or third parties accessing Customer’s data or assigned computers; (ii) security breaches; (iii) eavesdropping; (iv) denial of service attacks; (v) interception of traffic sent or received using 7SKYHOST service; (vi) Customer’s reliance on or use of the service; (vii) mistakes, omissions, interruptions, deletions of files, errors, defects, delays in operation, or other failures of performance of the service; (viii) the accuracy, completeness, and usefulness of the service; or (ix) loss of data or loss of access to data.
7SKYHOST limitations and exclusions of liability apply equally to 7SKYHOST officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies.
Last Updated: 14 December, 2014