SkyHost Networks – Terms of Service (TOS)

1. Acceptance of Terms

This Terms of Service (“Agreement”) constitutes a legally binding agreement between SkyHost Networks (“Company”, “we”, “us”, or “our”) and the entity or individual purchasing web hosting services (“Client”, “you”, or “your”). By registering for an account, submitting a payment, or utilizing our cloud infrastructure, you acknowledge that you have read, understood, and agree to be bound by this Agreement, as well as our Acceptable Use Policy (AUP) and DMCA Policy.

2. Account Eligibility and Security

To use our Services, you must be at least 18 years old and provide accurate, current registration data inside our billing portal. You are solely responsible for maintaining the confidentiality of your account credentials, login information, and server passwords. You must immediately notify us of any unauthorized use of your account. SkyHost Networks will not be liable for any loss or damage arising from your failure to secure your access credentials.

3. Account Ownership Disputes

In the event of a dispute regarding ownership of a hosting account or website data, SkyHost Networks will recognize the owner as the individual or entity listed on the primary billing profile inside our WHMCS system. If a contract or employment dispute arises between a client and a third party (such as a developer or partner), SkyHost Networks will not mediate. We will strictly adhere to the contact and payment information on file unless ordered otherwise by a court of law.

4. Billing, Payments, and Automated Cancellations

All services are provided on a prepaid basis according to the billing cycle selected at signup.

• Automated Invoicing: Invoices are generated automatically by our billing system prior to your renewal date.
• Late Payments and Suspension: If an invoice remains unpaid after the due date, our system will automatically suspend your hosting account, cutting off public access to your website.
• Termination and Data Purging: If an account remains suspended due to non-payment for more than fourteen (14) consecutive days, SkyHost Networks reserves the right to permanently terminate the account and permanently delete all server data, files, databases, and emails from our infrastructure without liability.
• Chargebacks: Initiating a credit card chargeback or PayPal dispute will result in the immediate and permanent termination of all services without notice.

5. Resource and Policy Compliance

You agree to use your hosting account in a manner that complies fully with our Acceptable Use Policy (AUP). Accounts that exceed reasonable cloud resource allocations (CPU, RAM, or I/O limits), disrupt server stability, host malware, or transmit unsolicited bulk email (Spam) may be throttled, restricted, or suspended immediately without prior notice to protect our infrastructure and other clients.

6. Uptime Guarantee and SLA Limitations

SkyHost Networks strives to provide a highly reliable cloud hosting environment. However, because our infrastructure relies on upstream network provider nodes, we do not guarantee uninterrupted or error-free Services.

• Service Credits Only: In the event of a documented network or hardware outage that drops uptime below our target SLA, your sole and exclusive remedy is a prorated account credit applied to your next billing cycle.
• No Cash Refunds: Outages do not constitute grounds for cash refunds, credit card chargebacks, or early contract terminations.
• Exclusions: Uptime guarantees do not apply to interruptions caused by client misconfigurations, outdated software vulnerabilities, upstream network routing issues, or scheduled server maintenance windows. While we maintain 99.9% network availability, upstream infrastructure maintenance or third-party gateway timeouts carry a standard 2-to-4 hour resolution window.

7. Backup Policy and Data Loss Disclaimer

SkyHost Networks utilizes automated backup systems as a convenience and courtesy to our clients. However, you acknowledge and agree that these automated backups are not guaranteed and are subject to hardware or software failures.

• Client Responsibility: You maintain sole and ultimate responsibility for keeping independent, off-site backups of all website files, emails, databases, and digital content hosted on our infrastructure.
• No Liability for Data Loss: SkyHost Networks shall not be held financially or legally liable under any circumstances for data loss, corrupted database files, missing email logs, or failed backup restoration attempts.
• As-Is Provision: All data restoration assistance provided by our support team is offered on a best-effort, "as-is" basis without warranties of any kind.

8. Comprehensive Limitation of Liability

To the maximum extent permitted by applicable law, SkyHost Networks, its owners, and its employees shall not be liable for any direct, indirect, incidental, special, exemplary, or consequential damages. This includes, but is not limited to, damages for loss of profits, loss of business revenue, goodwill, data corruption, or other intangible losses resulting from:

• The use or the inability to use our hosting services.
• Unauthorized access to or alteration of your server data.
• Total server downtime, network blackouts, or hardware failures.

In no event shall the total collective financial liability of SkyHost Networks to any client for all damages, losses, and causes of action exceed the exact dollar amount paid by the client to SkyHost Networks for the hosting services during the immediate one (1) month period prior to the alleged claim.

9. Indemnification

You agree to indemnify, defend, and hold harmless SkyHost Networks, its affiliates, employees, and suppliers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, your violation of this Agreement, or any content hosted on your account that causes harm, infringes on third-party rights, or violates local, state, or federal laws.

10. Governing Law and Jurisdiction

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Connecticut, United States, without regard to its conflict of law principles. You explicitly agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Connecticut, and you waive any objection to such venue.