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 and SSL certificates 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
SkGold Hosting reserve the right to cancel
any account at any time with or without notice.
Violations of the Terms of
Use will waive the refund
policy.
Customers may cancel
account at any time 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 and SSL certificates are not eligible for
refund.
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) 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 6 seconds. 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.
13)
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.
14) 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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