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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