In this document, the terms “our”, “us”, “we” and “provider” refer to Skye Peak. The terms “you”, “your”, “member” and “client” refer to the person or entity ordering Skye Peak services and products. "Server" refers to any Skye Peak system that you have access to as part of your services with us. “Web Site” refers to any files stored on the Server that can be accessed via the use of a web browser or other internet-enabled client.

By ordering Skye Peak products and services, you must agree to the terms outlined in all sections of this document that are applicable to any products or services you order. Unless otherwise specified, this agreement applies to all Skye Peak services.

Skye Peak reserves the right to modify this policy at any time, effective immediately upon posting of the modification to this URL: http://www.skyepeak.com/agreement

Privacy Policy
Skye Peak is committed to protecting your personal information and respecting your privacy.
We will never sell, rent, or disclose your personally identifiable information to outside parties without your consent unless compelled by a court of law to do so. We may contact you regarding new features, news, or other important update information. We reserve the right to utilize independent contractors to complete orders and we may disclose your information to these contractors in order to complete your order. We will only work with contractor's who agree to handle your information according to this privacy policy.

Skye Peak Acceptable Usage Policy and Terms of Service

What we do not allow:
Content of a pornographic, sexually explicit, or adult nature, content of an illegal nature (including copyrighted material), sites containing pirated software, hate sites or content that could be reasonably considered as slanderous or libelous.

No unsolicited email messages (also known as junk email, UCE or SPAM) or bulk email (even via an email listserv) may be sent via our system nor may clients give out free or paid email hosting on a public level.

You will not employ programs which consume excessive system resources including, but not limited to, processor cycles and memory. We do not host IRC, IRC bots, or other server resource intensive programs.

Consequences of Violation
Clients violating our terms of service risk restriction of service or temporary or permanent suspension of service, solely at our discretion. When we become aware of an alleged violation of this agreement, we may immediately restrict access while we investigate the alleged violation. If the violation is criminal in nature, the appropriate authorities will be notified.

You shall be held liable for any and all costs incurred by us as a result of your violation of these terms and conditions. This is including, but is not limited to: attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations.

Our current hourly rate for Postmaster responses to complaints and cleanup of unsolicited commercial mailings and/or unauthorized bulk mailings and/or news server violations is US $100 per hour, with a minimum one hour charge, plus US $1 for each bulk-email or Usenet message sent, plus US $1 per complaint received plus Server maintenance fees of $85 per hour.

Service Availability
We shall use our reasonable endeavors to make available to you at all times the Server but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.

We shall have the right to suspend the Services at any time and for any reason, generally without notice, but if such suspension lasts or is expected to last for more than seven days you will be notified of the reason. We also reserve the right to disallow services/hosting to any client as we feel necessary and hold no liability. Also please note that we do not offer any sort of compensation on our network uptime guarantee.

The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one log-in session under any one account may be used at any time by you. If you have multiple accounts, you are limited to one login session per system account at any time; user programs may be run only during log-in sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.

Payment & Refunds
All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision. We reserve the right to change pricing at any time although all pricing is guaranteed for the period of prepayment. Payment is due each anniversary month, quarter or year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorize Skye Peak to debit your account renewal fees from your card. All payments must be in US Dollars.

During the first fourteen (14) days of Services, new clients are entitled to a refund of fees paid with the exclusion of domain name registration, dedicated server, data transfer fees, and excessive support requests should you decide to cancel the Services for just cause. Skye Peak shall be the sole arbitrator as to the validity of your claim of just cause. And will subtract the aforementioned fees from any monies due you. Payments will be refunded using the same instrument (check, credit, etc...) in which the original payment was made.

On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it.

If your check is returned by the bank as unpaid for any reason, you will be liable for a "returned check" charge of $25 plus any bank fees incurred by us.

Late payments are subject to a late fee of $5 on the fifth day after the due date. If payment is not received by this time, your Web Site will be suspended until payment is received. On the tenth day after the due date, your Web Site will be terminated and payment of a reactivation fee of $20 plus any late charges and overdue payments will be required to reestablish service. If your web site is terminated due to non-payment, you may be required to upload any material previously stored in your account.

Termination
If you fail to pay any sums due to us within the guidelines set in the "payments" section of this agreement, or you violate this agreement, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to suspend the Services and/or terminate this Agreement forthwith without notice to you.

No refunds will be made for Services suspended in accordance with the above conditions.

We reserve the right to suspend the Services and/or terminate this Agreement at any time. In the event of this You will a be entitled prorata refund based upon the remaining period of membership in this instance.

You may cancel the Services at any time by logging into the Support System (for verification) and requesting cancellation of services. No written, emailed or phoned cancellation requests will be honored, you must log a support ticket after logging in with your Skye Peak username and password.

Limitation Of Liability
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services and the Server including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to sub clause. Nothing in these terms and conditions shall exclude our liability for death or personal injury resulting from our negligence. Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services which are the subject of any such claim. In any event no claim shall be brought unless you have notified us of the claim within one year of it arising. In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

You are responsible for keeping a backup of you data (mail, web, etc...) stored on the Server. We maintain backups for system integrity purposes ONLY.

Notices
Any notice to be given by either party to the other may be sent by either email, fax or recorded delivery to the address of the other party as appearing in this Agreement or ancillary application forms or such other address as such party may from time to time have communicated to the other in writing, and if sent by email shall unless the contrary is proved be deemed to be received on the day it was sent or if sent by fax shall be deemed to be served on receipt of an error free transmission report, or if sent by recorded delivery shall be deemed to be served two days following the date of posting.

Support
The support feature of our service at present time is for server related problems only. If you require support for scripting, there are several online tutorials available we can help you find. You may purchase our technicians' services at the rate of $80 per hour, with one half hour minimum billed. We reserve the right to waive this fee at any time.

All Support requests are to be processed through our Support System. Any other request for support, except in the event of a server outage or other such emergency, will be considered a breach of our TOS. Support is available in English only.

Law
This Agreement shall be governed by and construed in accordance with United States law and the laws governing the state of Massachusetts. You hereby submit to the non-exclusive jurisdiction of the U.S. courts.

Torturous Conduct
No one shall post defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or violating trademarks, copyrights, or other intellectual property rights. Any abuse towards any Skye Peak employee or contractor will not be tolerated. You are expected to request and respond to support and other issues in a professional manner. When emailing Skye Peak or utilizing the Client Support System, refrain from using caps, exclamation points, and other forms of written yelling. Any cursing, yelling, or further intentional disruptive behavior aimed at Skye Peak or it's employees shall be considered a violation of this TOS. Any threat; whether verbally, orally, written, or delivered by second parties directed towards Skye Peak or any of it's employees, partners, equipment, and concerns shall be construed as a violation of this TOS. Any conduct viewed as violating this section shall be considered a violation of this TOS. Skye Peak will be the sole arbitrator in regards to what is deemed a violation.

No refunds shall be given when the contents of this section necessitates removal of the account.

Entire Agreement
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation which has not been made expressly in this Agreement.

Skye Peak reserves the right to amend this agreement at any time without prior notification. It is your responsibility to check these Terms of Service on occasion for any such amendments.

Right to refuse service
We reserve the right to refuse service to anyone for any reason, such as, but not limited to: excessive use of our system's resources, torturous conduct or any other violation of this agreement.