Our Terms of Service Overview
The use of services provided by Skylark Hosting Inc., on SkylarkHosting.com (after this referred to as “Skylark Hosting”) constitutes agreement to the following Terms and Conditions.
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. Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled to suspend the services provided to you.
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.
If you fail to pay any sums due to us as they become 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 and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.
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 terminate this Agreement forthwith.
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. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.
Skylark Hosting is not responsible for any damages your business may suffer. Skylark Hosting does not make implied or written warranties for any of our services. Skylark Hosting denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Skylark Hosting.
Skylark Hosting reserves the right to refuse service to anyone.
All services rendered by Skylark Hosting are non-refundable unless stated on the product/sale page. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customer agrees not to chargeback or dispute any credit card or PayPal payments for services rendered. A chargeback or dispute of payment for services rendered will result in an additional charge of one hundred fifty dollars (“$150”) and will be subject to collection by an authorized collection agency. Disputes or chargebacks will result in immediate service termination. Customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys’ fees, court costs and collection agency fees) incurred in enforcing collection.
Any funds sent to Skylark Hosting which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.
- Immediately upon successful payment you will receive an automated receipt from our systems. Please print and retain a copy of this and retain in a safe place for future reference.
- Your unique email will be on this receipt and should be used for any enquires to Skylark Hosting.
- Please note that we aim to deliver all goods as soon as the signup is complete. If we will be unable to adhere to this you will be informed via email or telephone or both.
- All orders are delivered electronically via email, If you have any questions about your order please contact us at [email protected]
- Skylark Hosting aims to respond to all enquiries within 24 hours.
- Please check regulations in the country you are in to see if these products are allowed for import into your country.
- Skylark Hosting may perform additional verification on orders via telephone, SMS or other fraud detection systems.
The Service is provided to authorised persons or organisations (referred to in this document as “Subscriber” or “you”). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
Coverage – If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.
Prices and Charges – Skylark Hosting provides the use of cPanel and backyard to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.
It is acknowledged by users of Skylark Hosting services that these resource allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on Skylark Hosting US servers and Subscriber should instead go for our EU or ASIA location for such hosting needs.
You agree to comply with these Terms and Policies. Any violation of either, these Terms and Policies or the other rules, regulations or policies noted above may serve as cause for Skylark Hosting to suspend or terminate your account. You agree that Skylark Hosting has the right, with or without notice, to suspend or terminate your account upon the first or subsequent occurrence of any of the following
- Using the Service in a way, which constitutes violation of any applicable statute, law, court order, tariff, regulation, or treaty (including, but not limited to, intellectual property, communications, privacy, criminal and international law).?Using the Service in a manner intended to abuse or violate the privacy or property rights of others, including but not limited to sending of unsolicited bulk e-mail (“spamming”); this ground for suspension or termination is separate from and in addition to the fees which will result from such activity. You agree to pay a clean up fee of $30 per hour if any of our server IP addresses appear on a blacklist as a result of spam from your account.
- Using your hosting as a file or image hosting service.
- Using the Service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
- Using your account as a backup service. All files must be part of your website and must be linked to from your account. Dedicated server clients are exempted from this.
- Using the Service in such a way as to forge or mis-represent headers, addresses, or other identification in electronic mail or websites, or using any other method to disguise the sender’s identity or location. This includes the hosting of Proxy Server applications.
- Uploading, linking to or storing warez, cracks or other pirated software.
- Hosting IRCD, image hosting sites, autosurf, port scanners, banner-ad services, escrow, banking, investment, lottery, gambling and pharmacy sites.
- Hosting nulled or cracked versions of scripts or softwares and other licensed softwares and/or programs on US servers.
- Assisting in or directly distributing copyrighted material.
- Excessively using the Service in such a way as to limit the bandwidth available to others.
- Providing fake or incomplete contact details, including name, postal address and telephone number.
- Using the Service to operate server programs, including, but not limited to mail servers, IRC servers, game servers, ftp servers, Web servers, or streaming audio/video servers.
- Using the Service for unauthorised relays through any third party systems.
- Attempting, in any way, to interfere with or deny service to any user or any host on the Internet.
- Performing a chargeback on any transactions past or present will result in account suspension until resolved. If a chargeback is issued we reserve the right to remove your account, impose a $100 fine per chargeback and deny any future business.
- Any threat of legal action against Skylark Hosting by a client will result in immediate account and service and agreement termination without refund. Additionally Skylark Hosting shall cease all further communication with the client.
- Using the Service for mail bombing, which includes any instance where multiple messages are sent to a specific destination with the intent to render the recipient and/or the electronic system serving that recipient dysfunctional.
- Using the Service to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit positive consent of the addressee(s).
- Attempting to cancel, supersede, or otherwise interfere with email other than your own.
- Engaging in harassment, whether through language, frequency, or size of messages, either with email or website content.
Using the Service to engage in syn flood attacks, which are defined as overburdening a recipient computer system by sending a high volume of spurious data which effective impedes or totally disables functionality of the recipient system(s), or any other methods of denial-of-service attacks.
- Furnishing false data on your sign-up form, contract, or online application, including providing fraudulent credit card or other payment information.
- No bill credit will be given for a period of suspension. In the event of termination of your use of the Service under this section, Skylark Hosting may at its sole discretion retain any or all amounts you have paid for use of the Service as liquidated damages for your actions.
- Security – You agree not to access or attempt to access private areas of the Service. You agree to notify Skylark Hosting as soon as you become aware of an unauthorized use of your account and/or any breach or attempted breach of security on the Service.
Intellectual Property – Skylark Hosting does not undertake to examine or review messages, files, or other materials, which are accessible through, pass through, or reside on the Service. Complaints regarding alleged copyright infringement can be sent to [email protected]
- Child pornography, in any form is strictly forbidden on our servers and services.
- Continuing a specific identification of the allegedly infringing material and the location(s) on Skylark Hosting’s facilities where the materials are to be found. Upon receipt of such written notice, Skylark Hosting will expeditiously remove or block access to the allegedly infringing material, and provide notice to the person who had posted that material. If Skylark Hosting receives a notification from that person indicating that the claim of infringement was based upon mistake or misidentification, Skylark Hosting will send you a copy of that notification. Unless you notify Skylark Hosting of appropriate court action to restrain the alleged infringement, the challenged material will then be restored or otherwise made accessible again.
- Liability – You agree that use of the Service is at your own risk. Except for information, products, or services clearly identified as being supplied by Skylark Hosting, neither Skylark Hosting nor any of its affiliate controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the Service. Skylark Hosting neither endorses nor is responsible for the accuracy of third-party material(s), and you agree that Skylark Hosting is not responsible for any loss or damage caused by your use of, or reliance on, such material(s). You understand and agree that you have sole responsibility for your posting of any information or material to any site or newsgroup on the Internet, including but not limited to postings to Web sites, whether residing on Skylark Hosting equipment or not, postings to newsgroups, and participation in any on-line chat sessions. You agree to indemnify and hold harmless Skylark Hosting and its employees, and other customers and subscribers from and against any claims, losses, costs, liability, damages or expenses arising out of your postings.
- You agree that, should you use the Service to send or receive voice communications, Skylark Hosting is not acting as a telecommunications carrier or telephone company, that there is no representation made by Skylark Hosting as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that Skylark Hosting has no liability of any sort for the failure or lack of quality of such use of the Service.
- You agree to be liable for any damages or loss of service which results in damages to Skylark Hosting as a result of any spamming or other violations. These damages include, but are not limited to, system shut downs, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Skylark Hosting may pursue any such claims against you in Court.
- You agree that in no event will Skylark Hosting have financial liability to you.
- Warranty – Skylark Hosting MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, REGARDING THE SERVICE, OR ANY SOFTWARE OR OTHER MATERIAL AVAILABLE THROUGH THE SERVICE, REGARDLESS OF WHAT YOU MAY HAVE TOLD Skylark Hosting ABOUT YOUR INTENDED USE OF THE SERVICE. NO ORAL ADVICE OR INFORMATION GIVEN BY Skylark Hosting OR ITS EMPLOYEES SHALL CREATE A WARRANTY OR OTHERWISE ALTER THE PROVISIONS OF THIS SECTION.
- THE SERVICE AND ANY SOFTWARE PROVIDED TO YOU BY Skylark Hosting ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS; SKYLARK HOSTING DOES NOT WARRANT THAT THEY WILL BE ERROR-FREE AND/OR UNINTERRUPTED, OR THAT DEFECTS WILL BE CORRECTED. SKYLARK HOSTING DOES NOT GUARANTEE THE SECURITY OR BACK-UP OF ANY OF YOUR DATA WHICH MAY BE STORED ON THE SERVICE.
- SPAM and Unsolicited Commercial Email (UCE): Skylark Hosting?takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of The Company may not use or permit others to use our network to transact in UCE. Customers of Skylark Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
- Violation of Skylark Hosting’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Skylark Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Skylark Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Skylark Hosting may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, Skylark Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Skylark Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
- First violations of this policy will result in an “Administrative Fee” of $300.00 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $600.00 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $300.00 per hour that Skylark Hosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your servers.
You understand and agree that information and access available through the Service may include controversial, sexually explicit, or other material that may be offensive to you or users for whom you are responsible. Skylark Hosting has no responsibility for or control over such materials, and you take sole responsibility for using any available screening software or other methods of limiting access (specifically including the access of minors) to any material you may find objectionable.
By default Skylark Hosting will suspend your services when your account limits such as Disk Space & Bandwidth are exhausted unless prior arrangements are made to either upgrade your plan or bill you at an agreed cost. Such overages will be charged at a cost agreed upon by the customer and Skylark Hosting.
All billing disputes must be brought to Skylark Hosting’s attention by opening a ticket with our billing department within 45 days from the days of payment.
You agree that any dispute between you and Skylark Hosting arising out of your use of the Service on in any way based upon your subscription to and/or use of the Service which cannot be resolved between you and Skylark Hosting will be submitted by the aggrieved party for binding arbitration.
Cancellation requests must be submitted through the client area. To do this, open a ticket with our Billing & Accounting department.
It is your responsibility to ensure any paypal subscriptions and/or recurring Credit Card subscriptions that you may have setup are cancelled, Skylark Hosting will not be responsible for any funds paid to us in excess and will not refund them.
No other forms of cancellation are accepted.
Cancellations must be submitted before the invoice for that billing cycle is generated or at least 15 days before renewal. Failure to do so will result in the invoice being due. Cancellation requests can only be submitted if the account has no due invoices. Cancellation requests submitted after the invoice has been raised will incur a late cancellation fee of not less than $15 and not more than $100.
Skylark Hosting offers free Migration services as a courtesy with our cPanel hosting services. The number of accounts that can be migrated are as follows:
- Shared & WordPress Hosting Plans: 1+ cPanel account.
- Reseller Plans: 20 cPanel accounts.
- Managed VPS Plans: 50 cPanel accounts.
- Managed Dedicated Servers: 100 cPanel accounts.
- Additional number of accounts migrated would incur a fee of $2 per account.
Migration services are not available for Unmanaged VPS or Dedicated server customers or customers not coming from a cPanel environment.
Skylark Hosting offers it’s migration services in an as-is basis and makes no guarantees or time commitments at all.
Skylark Hosting performs nightly backups of shared, semi-dedicated and reseller servers; however, these backups are for Skylark Hosting’s administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers. Skylark Hosting does not provide any sort of compensation for lost or incomplete data in the event that backups do not function properly (even if the malfunction was due to negligence on Skylark Hosting’ part). We will do our best to ensure complete and accurate backups, but assume no responsibility for this duty. Always back your site up to your personal computer! We make no guarantees about the availability of backups.
Skylark Hosting does not backup customer Dedicated servers. We offer Remote Offsite Backups as an available addon for all VPS and Dedicated Services which can be availed at a fee.