Excessive CPU/Memory Resource Policy

Resources are defined as bandwidth and/or processor usage. This policy is implemented to prevent the misuse of our servers. CPU usage on the hosting server where your account is hosted is regulated as follows. Each account is only allowed to use a maximum 10% of the CPU power/usage at any given time. Accounts that use above this amount or cause the web server to slow down for any reason will be asked to reduce the amount of load and traffic or upgrade to a US dedicated server or UK dedicated server option. Even if the customer upgrades we reserve the right to lock specific files or scripts that are found to still be overusing the CPU on their own and notify you of this. If this issue is not resolved promptly SKY DEVELOPMENT reserves the right to suspend or terminate an account without a refund if we feel that an account is jeopardizing our network and hence violating our TOS. SKY DEVELOPMENT will remain the sole arbiter as to what constitutes a violation of this policy.

VPS Hosting Content and Usage

Our exclusive VPS Hosting packages are restricted by their content and usage. The following content types are not allowed within the VPS Hosting servers including but not limited to audio, video, and software downloading websites; audio or video streaming websites; and free hosting or e-mail providers. A violation of this provision will result in immediate suspension to prevent any issues for our other valued customers.

Resellers Overselling Policy

Overselling is expressly prohibited for all cpanel hosting reseller and windows hosting reseller accounts at SKY DEVELOPMENT. SKY DEVELOPMENT reserves the right to terminate without a refund any reseller caught overselling our services. Our plans are designed so that a specific number of customers can be hosted per server. Overselling damages the quality of services for all customers.

False Information

SKY DEVELOPMENT customers agree not to post any false information to news groups as this will be violating their terms and conditions. Should SKY DEVELOPMENT be contacted at anytime with regards to any false, unethical or unlawful activities made by you, then SKY DEVELOPMENT reserves the right to terminate your web hosting service without notice and no refund will be issued due to violating SKY DEVELOPMENT’s TOS.

Non Legal Activity

SKY DEVELOPMENT hosting advises that its services may only be used for lawful purposes. Any actions by any account holder at SKY DEVELOPMENT that violates state, federal, local or international laws are strictly prohibited and will result in immediate removal of this customers account, including any files stored in the account. The following activities listed, but not limited too are forbidden at SKY DEVELOPMENT and will result in immediate dismissal of all customer accounts and files; if you host or serve any material that contains threatening, unlawful, abusive, obscene, offensive or material SKY DEVELOPMENT finds inappropriate, hosting unlicensed software that is available to public, software or files that contain viruses or harm user’s computers, sending unsolicited or prohibited advertisements, or mass emails, attempt to use any account without the current owners authorization or any attempts to “internet scam” will all result in actions being taken against the account holder which may include but are not limited to: warnings, account suspension or termination or legal action. Any accounts terminated for violating SKY DEVELOPMENT TOS will not be eligible for any refund.

Domain Registration

Please note that the majority of domain names registered with SKY DEVELOPMENT are set up to auto renew, however in certain cases this auto-renew feature may be disabled (if outstanding invoices are due, we may disable this feature to avoid you being charged for a service you may no longer want). If the domain name hosting expires due to auto-renew being disabled, please notify us immediately and we will try our best to renew the domain name for you. However should it come to the time when the domain has already been pushed into the redemption period then you will be responsible for that.

Hosting Price Or Configuration Exception

In case of high bandwidth or hosting space usage sites, our all type of hosting rates & configurations are not valid. We can increase price or change hosting configurations for those sites without notice. Community site, classifieds site, forum site, picture gallery site, flash site etc are high capacity site. Also if any normal sites usage limit more than 30% we can treat that site also a high capacity site. All decisions are depend on SKY DEVELOPMENT.

Additional Service Installation

SKY DEVELOPMENT offers its customers many scripts for free by offering its customers Fantastico hosting and cPanel hosting. These free scripts are provided on 'as-is' basis. Customer agrees to be fully responsible for any damage resulting from installation and usage of such scripts within their web hosting account. Should a customer request to have any additional scripts or software installed onto SKY DEVELOPMENT servers that are not included already in the control panel or Fantastico, there will be a technical administrative charge of $25 for this service.

Background Operations

SKY DEVELOPMENT may allow programs to run continually in the background. These are called cron jobs and are limited to run every two hours only. Any account violating this term will be suspended until this matter is completely resolved.

Downloading
We do not allow clients to use their account to distribute files via downloading, without approving it with SKY DEVELOPMENT. Most downloading sites tend to be large system hogs and we cannot allow it as an account option.  These files usually come in mass in .zip files, mp3 files, and .tar files.


Abuse of Bandwidth
SKY DEVELOPMENT customers are privileged with a generous amount of bandwidth per month per account. The intention of SKY DEVELOPMENT is to provide a large space to serve web documents, not an offsite storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on our server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of SKY DEVELOPMENT. Any customer who violates SKY DEVELOPMENT's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. Failure to fix the problem when being asked will result in account suspension or cancellation at the discretion of SKY DEVELOPMENT.

To maintain the integrity of our service the following limitations apply:

Sites with Banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred is graphics) Sites offering download files or archives. (This is any site where 75% or more of there monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds.

Traffic will go unmonitored until you reach your quota. Thereafter, you will be asked to upgrade to the next available plan and/or pay for excess of usage. You will receive a notice detailing your bandwidth usage. You will have 7 days to upgrade to the next available plan and/or pay for excess of usage. If you do not upgrade to the next available plan your site will be disabled within 7 days of your first notice.

SKY DEVELOPMENT will be the sole arbiter as to what constitutes a violation of this provision

Bandwidth Usage
If a site uses over it's allotment of bandwidth for its type of account, the customer will be charged additional cost over allotment per month. If a site is popular enough that is using more than its bandwidth allotment, then the customer is expected to be responsible for higher charges based on the amount of data transfer.

The customer will be e-mailed a notice once an additional amount is assessed to the customer account. Warnings will not be sent to notify customer that the limit has been reached or exceeded. This term and condition is non-negotiable.

Customers have the right to use their account for any type of legal data transfer including providing free image services that can be linked from the owner's account from any other service.

Backups
We try to backup accounts on all servers daily and weekly, however, it's not our responsibility to keep them safe for you at all time. If our servers got compromised or destroyed for any reasons, your information might be lost, so if your web site and information in your account are important to you, please back them up and save them on your computer. We have this backup feature in Cpanel where you can do it yourself as many times as you need. Your use of the service is at your sole risk. SKY DEVELOPMENT is not responsible for files and/or 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 SKY DEVELOPMENT servers.

99% Uptime Guarantee
If our network is down more than a cumulative 1 hour per month, we will credit the amount of downtime over 1 hour to your next Hosting Service fees. Downtime is referred to as our network equipment being down for any reasons. We do not possess control over the Internet, therefore we cannot guarantee that you will be able to access a particular web site due to circumstances beyond our control. When downtime occurs, SKY DEVELOPMENT is not liable for any damages it might cause your business, but we'll try our best to bring the server back online as soon as possible.

In order to receive your credit you must do the following:

1. Document the outage/downtime in writing.
2. Have the downtime verified by SKY DEVELOPMENT

Unsolicited Email (Spam)
Commercial advertisements with e-mail Unsolicited commercial advertisements are not allowed in e-mail, and will likely result in account suspension or cancellation. Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account suspension or cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such. Sending a message, especially an advertisement, to more than five or six recipients, is by itself spamming unless the individuals have specifically requested to be added to a mailing list on that topic. E-mail is a person-to-person medium, not a broadcast medium.

Chat Rooms
We do not allow clients to install their own chat rooms, without approving it with SKY DEVELOPMENT. Most chat rooms tend to be large system hogs and we cannot allow it as an account option.

Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.

Payment Policies
All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. SKY DEVELOPMENT reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies SKY DEVELOPMENT in writing for a request for termination of services. All payment is in U.S. currency or Indian currency.

Payment Responsibility
SKY DEVELOPMENT not responsible about any type of payment related problems.

Late Payments
We have zero tolerance policy for late payment. We are very flexible with payments as long as you communicate with us. However failure to communicate and payment being late will result in suspension of service. Late Payments are charged a fee of $10 per server or service that is late. At the sole discretion of SKY DEVELOPMENT. We can waive the Late Payment. If your servers or services are turned off there is a $25 dollar re-activation fee per server or service.

Cancellation
SKY DEVELOPMENT reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by SKY DEVELOPMENT if SKY DEVELOPMENT institutes its right of cancellation. Refunds won't be applied for yearly plans unless you upgrade your plans, the credit of old plan will be credited toward the new plan. Any violation of policies which results in extra costs will be asked customer to pay (i.e. transfer, space etc.). SKY DEVELOPMENT must be notified by client at least 3 days before billing cycle for cancellation of service. .

Lawful Purpose
SKY DEVELOPMENT reserves the right to refuse service to anyone. Customers may only use our server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. SKY DEVELOPMENT expressly forbids anyone from using our servers for the propagation, distribution, housing, processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any other material which we deem to be objectionable, including, but not limited to, pornography, satanic materials, and any and all materials of an adult nature. The designation of any materials as such described above is left entirely to the discretion of SKY DEVELOPMENT management.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold SKY DEVELOPMENT harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SKY DEVELOPMENT, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SKY DEVELOPMENT against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our server; (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 customer from our server.

Disclaimer
SKY DEVELOPMENT will not be responsible for any damages your business may suffer. SKY DEVELOPMENT makes no warranties of any kind, expressed or implied for services we provide. SKY DEVELOPMENT disclaims any warranty or merchantability or fitness for a particular purpose. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by SKY DEVELOPMENT and its employees. SKY DEVELOPMENT reserves the right to revise its policies at any time.

All clients of SKY DEVELOPMENT must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account deactivation and/or fines billed to the Customer.