Last Revised: November 11, 2015
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
1. Website or Web Application Owner, the Client, and
2. Hosting Provider, the Company, SkyFire Hosting,
The purpose of this Agreement (hereafter referred to as the “Agreement”) is to precede a longer-term contract arrangement under which SkyFire Hosting will provide Web Hosting services on behalf of Client.
1.1. “Provider” refers to SkyFire Hosting, its agents and authorized representatives which are also referred to using “we”, “us”, ”our” and “ours”.
1.2. “Client” refers to , its agents and authorized representatives which are also referred to using “they”, “them”, “their” and “theirs”.
1.3. “Web hosting services” refers to the services which allow the Client to make their own website accessible via the World Wide Web.
1.4. “Server computers” are computers owned, leased, or rented by the Provider for use by the Client to host their own website.
1.5. "Content" refers to all text, pictures, sound, graphics, video, links, and other data stored by the Client on our server computers.
1.6. “Website” refers to the pages presenting the Content stored by the Client on our server computers.
Subject to the terms and conditions of this Agreement, Company will provide Web Hosting services for Client subject to the following terms:
Length of Service.
Client agrees to an initial twelve (12) month or longer, pending selected service, contractual term of service (“Term”).
Service Start Date.
The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon Company receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
Cost will be as invoiced per year and includes the following pending selected plan:
Basic Plan, consisting of: 500 MB of storage space and 4.0 Gb of Bandwidth per month, and an unlimited amount of: Email Accounts, FTP Accounts, SQL Databases and subdomains.
Pro Business Plan, consisting of: 2 GB of storage space and 10.0 Gb of Bandwidth per month, and an unlimited amount of: Email Accounts, FTP Accounts, SQL Databases and subdomains.
Ultimate Business Plan, consisting of: 3 GB of storage space and 15.0 Gb of Bandwidth per month, and an unlimited amount of: Email Accounts, FTP Accounts, SQL Databases and subdomains.
Account limits of “unlimited” may be subject to change based on bandwidth and storage use. Amount of accounts can also be limited by storage.
TERMS OF PAYMENT
Forms of payment accepted are PayPal, Cash or Check. If credit approval has been granted, credit terms are net 10 days upon receipt of invoice. We reserve the right to revoke any credit extended if payment is in arrears for more than 30 days.
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any Company program, code or technology delivered to Client or any portion thereof.
Company will exercise no control whatsoever over the content of the information passing through the network, email or web site, except in the event that content breaches US law or the terms of service.
LIMITATION OF LIABILITY
The Client agrees that neither the primary service Provider nor backend service Provider including SkyFire Hosting will be liable for any
(1) suspension or loss of the services, except to the limited extent that a remedy is provided under this agreement;
(2) interruption of business;
(3) access delays or access interruptions to the website(s) provided through or by the services;
(4) loss or liability resulting from acts of god;
(5) data non-delivery, mis-delivery, corruption, destruction or other modification;
(6) events beyond the control of the primary service Provider or backend service Provider; or
(7) loss or liability resulting from the unauthorized use or misuse of their account identifier or password.
The Client further agrees that neither the primary service Provider nor backend service Provider will 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, regardless of whether or not either the primary service Provider or backend service Provider have been advised of the possibility of such damages. In no event shall the maximum aggregate liability of either the primary service Provider or the backend service Provider exceed the total amount paid by the Client for the services for a one-month period, but in no event greater than one hundred dollars ($100.00). Because some provinces do not allow the exclusion or limitation of liability for consequential or incidental damages, in such provinces, the liability of the primary service Provider and/or backend service Provider shall be limited to the maximum extent permitted by law.
Effective use of services provided by us presumes a certain degree of knowledge and skill on the part of the Client. We will not be held responsible for their inability to use our services due to their lack of the requisite knowledge and skills.
Any attempt to undermine or cause harm to a server, or Client, of ours is strictly prohibited. This includes, but is not limited to, attempting to gain access to password files other than Client’s own, attempting to gain unauthorized access to other accounts on Client’s server, or anything that causes server malfunction. Failure to comply is subject to immediate account deactivation without refund.
The Client will use the web hosting services in a manner consistent with all local, provincial and federal regulations and laws. We reserves the right to suspend or cancel the Client's access to any or all services provided by us when we decide that their account has been inappropriately used.
The following content and activities may not be displayed or promoted by the Client nor associated in any way with the Client's account or the Provider's services. The Provider shall be the sole arbiter as to what constitutes violation of this provision. • Transmission, storage, or presentation of any information, data or material in violation of any Canadian Federal, Canadian Provincial, Canadian local law, US Federal, County Law or US local law. • Copyrighted material used without permission. • Material or activities judged by the Provider to be threatening, obscene, disparaging, or hate-related. • Material protected by trade secret or other statute. • Pornography, nudity, erotica, and sex-related merchandising, including sites that may infer sexual content, or link to adult content elsewhere. • Content that promotes any illegal or prohibited activity. • Content that may be damaging to the Provider's servers or to any other server on the Internet. • Pirated software (warez). • IRC, IRC Bots, IRC BNC, etc. • Promotion or sale of unsolicited or bulk e-mail (SPAM) software or services. • Unsolicited or bulk e-mail or newsgroup posts (SPAM) which references and/or is traceable to he Provider and/or any Client in any way. • Illegally distributed MP3 media. • Harassing, annoying, or otherwise interfering with any person's, group's, or organization's use or enjoyment of the Internet experience. • Links or reference to any of the above.
Company makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Company also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of Company is at Client's own risk, and Company specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. Company does not represent guarantees of speed or availability of end-to-end connections. Company expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Company specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
TRADEMARKS AND COPYRIGHTED MATERIAL
Client warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
Company may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from Company of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of Company and Client.
Migration of Servers. You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers. As a result, even if you have a dedicated IP, you may be assigned a different IP number. We do not warrant that you will be able to consistently maintain your given IP numbers.
Termination of Services. You acknowledge and agree that upon expiration or termination of your Services, you must discontinue use of the Services and relinquish use of the IP addresses and server names assigned to you in connection with Services, including pointing the domain name system (“DNS”) for your domain name(s) away from our servers. Prior to termination of the Services, you are responsible for moving your website or server content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, then all such content will be deleted and we will not be able to provide a copy of such content.
Free Products Credits. Upon termination of the Services, all free products provided as part of the Services will be cancelled or revoked.
You may request a a full refund within 48 hours of purchase
of any hosting packages. All refund requests must include the reason you are
asking for a refund. Please contact billing@SkyFireHosting.net for refunds. A
product must be canceled before we can issue a refund. NO refunds will be given
for any domain names. In the event that a free domain is included with your
hosting, the cost (amount domain names purchase costs SkyFire Hosting to
provide) will be deducted from your final refund amount.
Only a 50% refund will be granted for hosting packages/services longer than 1 year in term. 1 year and shorter term packages are not eligible for any refunds other than the 48 hour full refund request mentioned above.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Client shall indemnify and hold Company harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Company directly or indirectly arising from or in connection with Client's marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the State of <>. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
This Agreement will be governed by and construed in accordance with the laws of the state of Illinois and the laws of the United States of America applicable and will be treated, in all respects, as a contract.