Terms and Condition
Access to and use of the SkyBird Technology website is provided subject to the following terms and conditions which may be amended from time to time at our sole discretion.
PLEASE READ THESE TERMS CAREFULLY AS USE OF THIS SITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS.
What do “free disk space, data transfer, and email storage” mean?
It’s pretty straightforward: Customers who use SkyBird Technology can obtain free disk space, data transfer, and email storage if they use their services consistently with these paragraphs.
What is appropriate usage?
SkyBird Technology is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses. SkyBird Technology is a shared web hosting service, which means that a number of customers’ web sites and other email or storage services are hosted from the same server. SkyBird Technology uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers’ sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
If you use your services consistently with the Terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers’ sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate.
In most cases, if you use our services consistently with the Terms of Service and these paragraphs, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You can also upload as much as content as you like each month, subject only to the Terms of Service and the rules that control how fast your site can grow (see above).
You do not have to worry about hitting a storage limit if you use our services consistently with the Terms of Service and these paragraphs. SkyBird Technology will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone.
Any attempt to undermine or cause harm to a server or customer of SkyBird TECHNOLOGY is strictly prohibited. SkyBird TECHNOLOGY will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to SkyBird TECHNOLOGY, will result in action against YOU. Possible actions include warnings, account suspension or cancelation, as well as civil or criminal legal action, depending on the seriousness of the attack. IMPORTANT NOTE – SkyBird TECHNOLOGY has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below. YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by SkyBird TECHNOLOGY to be unacceptable use of our services including abuse of server resources. WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
STORAGE SPACE ABUSE:-
SkyBird TECHNOLOGY will not tolerate any form of storage space abuse. At least 90% of YOUR web pages (“HTML”) must be ‘linked’ with files (GIF, JPEG, etc.) stored on SkyBird TECHNOLOGY servers. Website that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancelation at the discretion of SkyBird TECHNOLOGY Management (“MANAGEMENT”), with or without prior notice. If YOU do not qualify for the free service, disk space will go unmonitored until YOU reach the amount allocated to YOUR specific web hosting plan (“PLAN”). Thereafter, normal website data storage costs $0.20/1MB/month will be billed to YOUR account. If you want to pre-pay for disk space overages, you will be billed $0.10/1MB/month. YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or SkyBird TECHNOLOGY has the sole decision to deactivate any and all servers. SkyBird TECHNOLOGY will be the sole arbiter as to what constitutes a violation of this provision.
The intention of SkyBird TECHNOLOGY is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages. If YOU do not qualify for the free service, traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN. Thereafter, normal data transfer cost of $10.00/1GB/month will be billed to YOUR account. If YOU want to pre-pay for bandwidth overages, YOU will be billed $5.00/1GB/month. YOU will have 3 days to pay for your overages. Failure to do so will result in YOUR website being disabled within 3 days of YOUR first notice. This does not apply to co-location clients. Co-location clients will be billed for the overages based on switch reports. Co-location clients must pay for the overages IMMEDIATELY once billing or SkyBird TECHNOLOGY has the sole decision to deactivate any and all servers. SkyBird TECHNOLOGY will be the sole arbiter as to what constitutes a violation of this provision.
UNSOLICITED EMAIL & SPAMMING:-
Unsolicited commercial advertisements (“SPAM”) are not allowed in e-mail, and will likely result in account cancelation. SkyBird TECHNOLOGY takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account with any prior notice. The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancelation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages. NOTE – If YOU use the services of another provider to promote a website hosted by or through SkyBird TECHNOLOGY (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice. (this section does not apply to managed dedicated servers)
We do not allow YOU to install YOUR own chat rooms within a shared hosting account, without approving it with SkyBird TECHNOLOGY. This includes, but not limited to, chat applications written in PHP, Perl, CGI, Python, Ruby, etc. Any web application that provides ‘real-time’ chat is also not permitted. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, web based forums such as vBulletin, phpBB or similar forum scripts are acceptable.
SkyBird TECHNOLOGY installed and provides special file-servers in our network infrastructure for YOUR benefit as a means of storage for electronic files and applications that are not dynamically generated and is downloadable in nature. Files such as MP3, AVI, MID, MIDI, MPG, MPEG, MOV, ZIP, RAR, EXE and anything else we deemed as downloadable and not dynamically generated scripting languages are to be stored within these file-servers, away from the web-servers. This Policy does not apply for image files formats such as JPG, JPEG, GIF, PNG, and BMP. In addition, all electronic files stored within SkyBird TECHNOLOGY’s file-servers must be legally-owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion without any further notifications. File-servers will not be backed up. YOU are advised to have YOUR own backup locally or
elsewhere other than within the SkyBird TECHNOLOGY’s servers. If YOU are found to not adhere to this Policy, the offending material(s) will be deleted from YOUR hosting account without any prior notice. This service is only available for SkyBird TECHNOLOGY’s SHARED-HOSTING customers.
SMTP MAIL SERVER ABUSE:-
We do not allow YOU to send outbound mail to more than 20 recipients at any one given time and/or more than 1,000 pieces of e-mail per day from a shared hosting account with a maximum filesize of 20MB per email message. If YOU violate SkyBird TECHNOLOGY policies persistently in email activities, YOUR account will be suspended and deleted.
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. (This section does not apply to managed dedicated servers).
We currently do not allow IRC or IRC bots to be operated on our servers. IRC servers are not permitted on our network. YOU can however, install IRC clients on managed dedicated servers. The installation and/or execution of a script and/or binary that runs in the background or listens to any given port are also strictly prohibited.
The information, artwork, text, video, audio or pictures (collectively “Information”) contained on the SkyBird Technology Web site are the copyrighted works.
Except as otherwise indicated, you may view, copy, print and distribute the Information available on the SkyBird Technology Web site subject to the following conditions:
The Information may be used solely for personal, non-commercial or educational purposes.
You may not modify or alter the Information in any way without express written permission from SkyBird Technology.
Any copy of any information or any portion thereof must include the copyright notice originally included with the Information.
Any computer software downloadable or otherwise available from SkyBird Technology is licensed subject to the terms of the applicable license agreement.
The Information does not include design or layout of the SkyBird Technology Web site, elements of which are protected by law and cannot be copied or imitated.
WARRANTIES AND DISCLAIMERS
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, ALL INFORMATION ON THIS WEB SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SkyBird Technology ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION OR OTHER DOCUMENTS WHICH ARE REFERENCED BY OR LINKED TO THIS WEB SITE. REFERENCES TO CORPORATIONS, THEIR SERVICES AND PRODUCTS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.
IN NO EVENT SHALL SkyBird Technology OR ANY OF ITS AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM DAMAGE TO OR LOSS OF USE OF COMPUTER HARDWARE, DATA OR INFORMATION OR LOSS OF PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS INFORMATION OR SERVICE.
LINKS TO THIRD PARTY SITES
The SkyBirdtechnoloy Web site may contain links to third-party Web sites, which are not under the control of SkyBird Technology. SkyBird Technology provides these links as a convenience only and technology does intend these links to be endorsements or referrals of these linked sites. technology does not accept any responsibility for the content or uses of these linked Web sites.
COPYRIGHT POLICY AND COPYRIGHT AGENT
It is SkyBird Technology’s policy to respect the copyright and intellectual property rights of others. SkyBird Technology may remove content that appears to infringe the copyright or other intellectual property rights of others. If you believe that SkyBird Technology or any user of our site has infringed your copyright in any material way, please notify SkyBird Technology’s Abuse Department ( firstname.lastname@example.org ), and provide the following information:
A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest.
An identification of the copyrighted work claimed to have been infringed.
An identification of the material that you claim is infringing so that we may locate it on the site.
Your address, telephone number and email address.
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law.
A statement by you that the above information in your Notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved.
It is the customer’s responsibility to identify the Internet content as their own or as third-party content. The customer’s full name and address must be present. Further obligations may result from the provisions of the Telecommunications Act and Teleservices Act. The customer is obliged to examine these provisions and to comply with them.
The client undertakes not to publish content that may violate the rights of third parties or otherwise violate the law. The placement of erotic, pornographic, extremist material or material not deemed in good taste is not permitted. We are entitled to block access to the account of any customer who violates this.
The same applies in the event that the customer publishes content which is capable of violating the rights of individuals or groups of people, or that insults or denigrates these people. This applies even without an actual legal claim. We are not obligated to review our customers’ content.
The sending of spam mail is forbidden. This includes in particular the sending of illegal, unsolicited advertising to third parties. With regards to the sending of Emails, it is forbidden to provide false sender information or to conceal the identity of the sender by other means. We are entitled to block the access if it is not respected.
Domain Name services are not refundable.
Payment for Web Hosting services will be refunded for unused months in case of cancellation.
Payment for cloud backup services will be refunded for unused months in case of cancellation.
Payment for cloud and Dedicated servers will be refunded for unused months in case of cancellation.
Services need to be cancelled from client area as stated in the section below so that our system does not charge your Credit Card automatically for the next service period.
Accounts used for fraudelent purposes or flagged for abuse will not be refunded.
Contract duration/cancellation/place of execution
We are also entitled to terminate the contractual relationship for good cause without notice. One important reason for termination would be in the case of two consecutive months that the customer did not pay a substantial part of the compensation owed. Another important reason, among others, can also be that the customer contravenes or ignores warnings about infringement of the requirements of section 6.
Another important reason, that can result in block or determination without notice, may be that the customer uses content, which affects the performance or the safety of the server.
Cancellation requests needs to be submitted via Client Area
Select My Services > Select the account to be cancelled > Click on Request Cancellation.
Cancellation requests via Support Ticket are not accepted.
Terms of payment and LATE FEES
Invoices overdue for over 5 days will be charged a late fee/interest upto 5% per month.
We are also entitled, in case of default payments, to block the internet presence of the customer and to block all other functions.
GOVERNING LAW AND JURISDICTION
The SkyBird Technology Web site (excluding linked sites) is controlled by SkyBird Technology . All matters relating to your access to, or use of, this Website shall be governed by the statutes and laws of India and the United States of America, without regard to the conflicts of laws principles thereof.
SkyBird Technology and the SkyBird Technology logo are trademarks of SkyBird Technology. Some of these trademarks are registered in certain jurisdictions.
All other brand and product names are trademarks or registered trademarks of their respective companies.
You may not use any of SkyBird Technology trademarks without express written permission of SkyBird Technology. If you are interested in using our trademarks, please contact us.