Skye Peak General Customer Agreement

In this document, the terms “our”, “us”, “we” and “provider” refer to Skye Peak and the terms “you”, “your”, “member” and “client” refer to the person or entity ordering Skye Peak services and products.

By ordering Skye Peak products and services, you must agree to the terms outlined in 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.html

Privacy Policy (12/2008)
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. Please note that we do 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 (10/2009)
In order to provide a professional service, we have set up a few guidelines for users of our services. Some of these guidelines may seem strict, but they ensure a safe, functional, and trusted environment for all our clients.

Many of our competitors do not require their customers to comply with these guidelines. If any of our potential customers are unwilling or unable to comply with these guidelines, we respectfully invite them to visit one of our competitors.

Web and FTP Site Content Policies
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.

Clients posting any of the above content on their sites may have their Web and/or incoming anonymous FTP services temporarily suspended. They will then be contacted by us and given the opportunity to remove the content in question before having their services reinstated. A repeated offense may cause cancellation of service without refund of any fees. We will have the sole and final decision regarding what content is in violation of this agreement.

Email Usage Policies
Skye Peak does not allow unsolicited email messages (also known as junk email, UCE or SPAM) to be sent by users of our system. Users sending unsolicited email messages from our system will have all of their services temporarily suspended. They will then be contacted by Skye Peak and informed of the suspension before having their services reinstated. A repeated offense may cause cancellation of service without refund of any fees. Skye Peak does not allow any hosting account, except for reseller accounts, to give out free or paid email hosting on a public level. Reseller are required to monitor and control outgoing junk email/spam on their client accounts or risk suspension of their reseller account.

Illegal Activities
Anyone caught using any of our systems for illegal activities, including but not limited to: breaking into remote systems, credit card fraud, theft, vandalism, threats, or violence, will have all services with us immediately canceled without refund of any fees and the proper authorities will be contacted.

SkyeHost Monthly Web Hosting Terms of Service (11/2009)
In this section, “Server” refers any any Skye Peak provided hosting servers, regardless of purpose. “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.

We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server. You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.

You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that:

• you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third part; nor will you authorize or permit any other person to do so.

• you will not post, link to or transmit:

• any material which is unlawful, threatening, abusive, malicious, defamatory, obscene, pornographic, blasphemous, profane or otherwise objectionable as determined by Skye Peak in any way.

• any material containing a virus or other hostile computer program.

• any material which constitutes, or encourages the commission of a criminal offense, or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.

• you will not send bulk email, whether opt-in or otherwise, from our network. Nor will you promote a site hosted on our network using bulk email.

• 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.

• If you surpass your allotted disk/bandwidth usage as set forth in your purchased plan, your web site may be suspended until the start of the next billing cycle unless you contact us to purchase extra disk space or bandwidth before exceeding your allocation.

We reserve the right to remove any material which we deem inappropriate from your web site without notice. We do not host Warez, Underage Adult, Pornographic, or Copyrighted MP3 content.

You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft, or unauthorized disclosure of your password or other security information.

You shall make no use of the Server which is detrimental to our other customers.

You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and in a secure manner.

Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is expressly prohibited. A Member shall not use another site's mail server to relay mail without the express permission of the site.

Members may not use our servers to participate in any of the following activities:

• To post to any Usenet or other newsgroup, forum, e-mail mailing list or other similar group or list articles which are off-topic according to the charter or other owner-published FAQ or description of the group or list.

• To send mass e-mailings; whether unsolicited, opt-in, or otherwise.

• To engage in any of the foregoing activities using the service of another provider, but channeling such activities through a Skye Peak provided server, or using a Skye Peak provided server as a mail drop for responses.

• To falsify user information provided to Skye Peak or to other users of the service in connection with use of a Skye Peak service.

Consequences of Violation
When Skye Peak becomes aware of an alleged violation of its customer agreement, Skye Peak will initiate an investigation. During the investigation Skye Peak may restrict Member's access in order to prevent further possible unauthorized activity. Depending on the severity of the violation, Skye Peak may, at its sole discretion, restrict, suspend, or terminate Member's account and/or pursue other civil remedies. If such violation is a criminal offense, Skye Peak will notify the appropriate law enforcement department of such violation.

You shall be held liable for any and all costs incurred by Skye Peak 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.

Skye Peak’s 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 (1) 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.

Skye Peak does not issue service credits for any outages incurred through service disablement resulting from Policy violations.

Any access to other networks connected to Skye Peak must comply with the rules appropriate for those other networks

While we will use every reasonable endeavor to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.

You may cancel the Services at any time by logging into the Client Support System (for verification) and requesting cancellation of services. The support system is accessible via http://www.skyepeak.com/client

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 7 days you will be notified of the reason. As a reseller or sub-client, it is your responsibility to take care of backup for sites that may be yours or ones under you. 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
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.

If your check is returned by the bank as unpaid for any reason, you will be liable for a "returned check" charge of $35.

Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date.

Late payments are subject to a late fee of 5% of the amount due or $5, whichever is greater 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.

Termination
If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.

If you break any of these terms and conditions 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 Client Support System (for verification) and requesting cancellation of services.

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.

Partner Plans (Resellers) are not eligible for the fourteen (14) day refund.

Allow 30 (thirty) days for refund payments to process. If you have not received refund within this time allotment; please contact us.

Where payment has been made by credit or debit card, any refund will only be issued to the same credit or debit card.

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.

Indemnity
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.

Limitation Of Liability
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 monitoring Bandwidth and Disk space usage of your site. This is easily done from your Control Panel. If you go over the amount indicated in your current plan; your Web Site will be suspended until arrangements are made with us to purchase additional disk space or bandwidth.

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
On our site you will find links to all the information to get your web site up and running. All information pertaining to your account should have been included in the Welcome Letter you received when we created your account. If you did not receive a welcome letter email, please contact our Support Team. There are several reasons an email may not reach you; first and foremost is if the domain you have contracted services for is the same domain your welcome email was sent to.

The support feature of our service at present time is for server related problems only.

If you require support for your 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 wave this fee at any time.

Support can only be addressed in English through our Support System.

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.

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.

Headings
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.

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 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.

Cancellation of Services
You may cancel the Services at any time by logging into the Support System (for verification) and requesting cancellation of services.

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.

In addition to the General Customer Agreement, the agreements at the link provided below apply to Domain Name Registration and Enhanced Email:
http://annual.skyepeak.com/content.php?action=show_agreements