Calgary Web Hosting - SkGold Hosting Terms of Use - Affordable Web Hosting Solutions - Calgary, Alberta, Canada

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Terms of Use - Calgary Web Hosting

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Web Hosting Terms Calgary, Alberta, Canada

All services provided by SkGold Hosting may only be used for lawful purposes. The use of services indicates agreement to our Terms of Use. The customer also agree to hold harmless SkGold Hosting from any claims resulting from the use of our services.

1) Account Setup

The Web Hosting and Domain Registration business has a high fraud risk, therefore SkGold Hosting will setup your account after we have received your payment and SkGold Hosting will screen your order in case of fraud.

 

It is your responsibility to provide us with proper Contact and Identity information. You must provide us with an email address that is not @domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address will be used for this purpose. It is your responsibility to ensure that the primary email address is current and up to date at all times.

 

In some cases it will be necessary to provide government issued photo identification. If you fail to meet these requirements, the order may be considered fraudulent and will be denied. Providing false Contact and/or Identity information of any kind may result in the termination of your account without any refund. Suspicious accounts and/or accounts that violate our Terms of Use will be terminated immediately without notice.
All illegal websites and/or accounts will be terminated and reported to authorities.

2) Content

Only lawful and legal content allowed to be on SkGold Hosting servers. Content that violate any trademark or copyright is prohibited. This includes but is not limited to unauthorized copying of photographs, music, books or any other copyrighted materials. Using webhosting account as a backup/storage device is not permitted.

 

Please see examples of unacceptable content in the right column

 

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited will be removed from SkGold Hosting servers with or without notice.

Web Hosting Terms

Unacceptable Content

Examples of content listed below is unacceptable and will be removed from SkGold Hosting servers without notice:

 

Proxy Scripts/Anonymizers, IRC Bots, Pirated Software/Warez, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds/rpg's,  hacker focused sites and programs, hate sites, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Websites and/or forums that distribute, promote or link to warez content are prohibited. Websites and/or forums that promote or link to child pornography is strictly forbidden and will be reported to the law enforcement agency.

Contact SkGold Hosting

If you have any questions about SkGold Hosting Terms of Use, please feel free to contact us.

Hosting Knowledgebase

If you have any questions regarding website hosting please check out our FAQ's and Knowledgebase. Most answers to your questions just a click away and listed there.

3) Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice.

 

SkGold Hosting reserve the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies. SkGold Hosting also reserves the right to make any such modifications in an emergency at our sole discretion.

 

SkGold Hosting reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of SkGold Hosting. All rights reserved.

4) Security, Backups and Data Loss

You are responsible for all actions taken under your account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If your password is found to be weak, we will notify you and allow time for you to change your password.

 

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. If it is possible, set permissions on most directories at least to 755.

 

Your use of the service is at your sole risk. We are not responsible for files and 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 our servers.

5) Payment Information

You agree to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. You agree that until and unless you notify SkGold Hosting of your desire to cancel any or all services received, those services will be billed on a recurring basis. Cancellations must be done in writing via the Support Ticket system.

 

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Any invoice that is overdue for 10 days and not paid will result in an account suspension until account balance has been paid in full.

 

SkGold Hosting  reserve the right to change any service charges at anytime.

6) Money back Guarantee

Each web hosting plan on SkGold Hosting servers carry a 30 days unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days, you will be given a full refund of the plan amount. Domain Registrations, SSL certificates, Dedicated IP and Website Builder set up fees are not eligible for 30 days money back.

7) Uptime Guarantee

Each web hosting plan on SkGold Hosting servers carry a 99.9% uptime guarantee. You may receive one month of credit on your account. Approval of the credit is at the sole discretion of SkGold Hosting dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact Billing department with justification. All requests must be made in writing via Support Ticket system.

8) Cancellation and Refunds

Customers may cancel webhosting account at any time via the "Cancellation Request" through your client area and then send a "Refund Request" via the Support Ticket system. Refund requests after 30 days will be refunded on a prorated basis of any unused time. Only first-time customers who paid the first invoice with a credit card or with PayPal are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. Payments by checks or money orders are non-refundable, but could be credited to your hosting account. Domain Registrations, SSL certificates, Dedicated IP, Website Builder set up fees and any webhosting addons are not eligible for refund.

 

Customers may transfer Domain Names from SkGold at any time. You will have to contact the other Registrar to begin the transfer process. We are unable to initiate this process for you. You must request an authorization code via the Support Ticket system. Requests for authorization codes within 5 days before an expiration date will be denied. You will need to renew your domain with us and then transfer it. You may NOT transfer a Domain Name if that name was registered or transferred within the past 60 days or if that Domain Name, or any information associated with it, is currently in dispute.

 

SkGold Hosting reserves the right to cancel any account at any time with or without notice.

 

Violations of the Terms of Use or providing false Contact and/or Identity information of any kind will waive the refund policy and a $10 administration fee will be applied. SkGold Hosting reserves the right to refund you the remaining amount or no refund at all. This is at the sole discretion of SkGold Hosting.

 

If SkGold Hosting requested an Identity Verification and you fail to provide it, a $10 administration fee will be applied. We may refund you the remaining amount or no refund at all. This is at the sole discretion of SkGold Hosting.

 

9) Price Change

The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our site, and the right to increase the amount of resources given to plans at any time.

10) Resource Usage

Users may not initiate the following:

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.

b) Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.

c) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.

d) Run any software that interfaces with an IRC (Internet Relay Chat) network.

e) Run any gaming servers such as counter-strike, half-life, battlefield1492, etc.

f) Run any type of web spider or indexer (including Google Cash / AdSpy, etc).

g) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.

h) Participate in any file-sharing/peer-to-peer activities.

i) Run Cron entries with intervals of less than 15 minutes. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include ("http://yourdomain.com/include.php") use include ("include.php")

11) Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

12) Unlimited disk space and bandwidth

SkGold Hosting wants you to have the resources for building a great online presence and therefore we are offering you a large amount of disk space and bandwidth. Initially we will assign 500 MB of disk space and 5000 MB of bandwidth to your "Unlimited Plan". For most personal websites and small/medium businesses this amount of disk space and bandwidth is considered unlimited and could hardly be reached with NORMAL usage. However if you reach this amount just let us know and we will increase it without any additional cost (NORMAL usage applied).

SkGold Hosting provides shared hosting environments for personal websites and small/medium businesses. Your website will be hosted with hundreds of other websites in a virtual community. Under the "NORMAL usage" we mean that you operate a website that utilizes resources in a manner similar to most of our other customers, so to ensure reliable and fast service to all of our customers, accounts that affect server performance will be asked to upgrade to a dedicated server or will be suspended.

Examples of "ABNORMAL usage": (1) Using our hosting service primarily for online file storage and/or archiving electronic files, including a large amount of emails, is absolutely prohibited and would not be considered as a NORMAL usage. (2) Storage of large numbers and/or large sizes of pictures, photos, video and/or audio files that require more resources to support than a normal business or personal website would not be considered as a NORMAL usage. (3) Large corporations that require more resources to support than a normal business website would not be considered as a NORMAL usage.

13) Mail Policy, Mail List and Mail Limits

There is a 500 hourly email limit per domain. This limit is also applied towards mailman. If you send more than 500 emails in any hour, most of the e-mails will bounce back with an undeliverable error.

 

There are 60 pop checks per hour limit per email address. If you go over this you're likely to get a wrong password error message saying login incorrect. Just wait an hour and it will automatically unlock you. To prevent this from happening again, make sure to disable auto checking, or at least set it to something higher than 10 minutes.


Mailing list larger than 5,000 is not allowed on SkGold Hosting shared servers and will require a dedicated hosting solution from us. Please note that dividing one large list into smaller lists to get below this limit is not allowed as well. For the mailing list larger than 5,000 we recommend to use the third party mail list services and autoresponders. One of our favorites is Aweber.


Anytime you're sending a message, no matter how large your mailing list is, you must throttle it. We recommend you throttle it to 1 email every 8 seconds. (Sending 1 every 8 seconds would send 450 emails within 1 hour, keeping you below the 500 outgoing email limit.) If the mailing list software you're using does not allow you to throttle, you must switch to something else. We recommend phpList, which can be found in your control panel under Fantastico. Without throttling you may crash the server, for example, 500 emails, the server will try sending all 500 in 1 second, which is not possible. This will cause the server load to go very high and the entire server will be sluggish until this process is completed. Anyone who choose not to throttle and causes the server's load to go high will be suspended without notice.


To prevent high server loads any mailing list over 800 emails only allowed to be send during off-peak times. Off peak times qualify as 1 AM - 8 AM Eastern Time on Monday ? Friday and all day Saturday and Sunday.


You are not allowed to mail to a mailing list you were given or purchased. This is spamming because the subscribers never agreed to you personally sending them mail. We do not care and how you justify it; this is spam and will result in termination.


We have a zero tolerance policy regarding the sending of unsolicited e-mail. Any unsolicited e-mail being sent will result in termination of the offending account.

14) Indemnification

Customer agrees that it shall defend, indemnify, save and hold SkGold Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SkGold Hosting, 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 any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (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 SkGoldHosting.com's server.

15) Disclaimer

SkGold Hosting will not be responsible for any damages your business may suffer. SkGold Hosting make no warranties of any kind, expressed or implied for services we provide. We disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.

SkGold Hosting reserves the right to modify this Terms of Use at any time with or without notice.
It is solely your responsibility to review this statement on a regular basis to keep yourself aware of any changes.

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