The use of services from Skys Media LLC
[hereafter referred to as "Skys Media"] constitutes agreement to these
terms.
You may view our Privacy Policy
here.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or
our payment partner(s) have screened the order(s) incase of fraud. It is
your responsibility to provide us with an email address which is not @ the
domain(s) you are signing up under. If there is ever an abuse issue or we
need to contact you, the primary email address on file will be used for this
purpose. It is your responsibility to ensure the email address on file is
current or up to date at all times. Providing false contact information of
any kind may result in the termination of your account. In dedicated server
purchases or high risk transactions, it will be necessary to provide
government issued identification and possibly a scan of the credit card used
for the purchase. If you fail to meet these requirements, the order may be
considered fraudulent in nature and be denied.
Transfers
Our transfers team will make every effort to help you move your site to us,
however, we can not make guarantees of the transfer process. We provide this
as a courtesy service and can not make guarantees regarding its availability
or the amount of time it may take as each host is configured a little
differently. We will try our best, however, in some cases we may be unable
to assist you in a transfer of data from an old host.
2.) Content
All services provided by Skys Media may only be used for lawful purposes.
The customer agrees to indemnify and hold
harmless Skys Media from any claims resulting from the use of our services.
Use of our services to infringe upon any
copyright or trademark is prohibited. This includes but is not limited to
unauthorized copying of music, books, photographs, or any other copyrighted
work. The offer of sale of any counterfeit merchandise of a trademark holder
will result in the immediate termination of your account. If you believe
that your copyright or trademark is being infringed upon, please email
abuse@SkysMedia.co.uk
with the information required.
Examples of unacceptable material on all
Shared and Reseller servers include:
IRC Bots, Proxy Scripts / Anonymizers,
Pirated Software / Warez, image, filedump, mirror, or banner-ad services
(similar to rapidshare, photobucket, or commercial banner ad rotation),
affiliate servers, topsites, commercial audio streaming (more than one
or two streams), Escrow, High-Yield Interest Programs (HYIP) or related
sites, Investment sites (FOREX, egold exchange), sale of any controlled
substance without prior proof of appropriate permit(s), AutoSurf sites,
Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs,
lottery sites, muds / rpg's, hate sites, hacker focused
sites/archives/programs, or sites promoting illegal activities, IP
Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums
and or websites that distribute or link to warez content are prohibited.
Using a shared account as a backup/storage device is not permitted,
with the exception of one cPanel backup of the same account.
Examples of unacceptable material on Dedicated servers include:
Pirated Software / Warez, Escrow,
High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX,
egold exchange), sale of any controlled substance without prior proof of
appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture
Trading Programs, Prime Banks Programs, lottery sites, hate sites,
hacker focused sites/archives/programs, or sites promoting illegal
activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam
Scripts. Forums and or websites that distribute or link to warez content
are prohibited.
Skys Media services, including all related equipment, networks and network
devices are provided only for authorized customer use. Skys Media systems
may be monitored for all lawful purposes, including to ensure that use is
authorized, for management of the system, to facilitate protection against
unauthorized access, and to verify security procedures, survivability and
operational security. During monitoring, information may be examined,
recorded, copied and used for authorized purposes. Use of Skys Media
system(s) constitutes consent to monitoring for these purposes.
We reserve the right to refuse service to anyone. Any material that, in our
judgment, is obscene, threatening, illegal, or violates our terms of service
in any manner may be removed from our servers (or otherwise disabled), with
or without notice.
Failure to respond to email from our abuse department within 48 hours may
result in the suspension or termination of your services. All abuse issues
must be dealt with via troubleticket/email and will have a response within
48 hours.
If in doubt regarding the acceptability of your site or service, please
contact us at
abuse@SkysMedia.co.uk
and we will be happy to assist you.
Potential harm to minors is strictly
forbidden, including but not limited to child pornography or content
perceived to be child pornography (Lolita):
Any site found to host child pornography or linking to child pornography
will be suspended immediately without notice.
Direct customers: Your services will be
terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure
that scripts/programs installed under your account are secure and
permissions of directories are set properly, regardless of installation
method. When at all possible, Users are ultimately responsible for all
actions taken under their account. This includes the compromise of
credentials such as username and password. It is required that you use a
secure password. If a weak password is used, your account may be suspended
until you agree to use a more secure password. Audits may be done to prevent
weak passwords from being used. If an audit is performed, and your password
is found to be weak, we will notify you and allow time for you to
change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail,
bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as
spam. Any user who sends out spam will have their account terminated with or
without notice.
Please read
http://www.SkysMedia.co.uk/mailpolicy.html
for our generalized mail policy.
Sites advertised via SPAM (Spamvertised)
may not be hosted on our servers. This provision includes, but is not
limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups.
No organization or entity listed in the
ROKSO
may be hosted on our servers. Any account which results in our IP space
being blacklisted will be immediately suspended and/or terminated.
Skys Media reserves the right to require
changes or disable as necessary any web site, account, database, or other
component that does not comply with its established policies, or to make any
such modifications in an emergency at its sole discretion.
Skys Media reserves the right to charge
the holder of the account used to send any unsolicited e-mail a clean up
fee. This cost of the clean up fee is entirely at the discretion of Skys
Media.
4.) Payment Information
You agree to supply appropriate payment for the services received from
Skys Media, in advance of the time period during which such services are
provided. You agree that until and unless you notify Skys Media of your
desire to cancel any or all services received, those services will be billed
on a recurring basis.
Cancellations must be done in writing via email. Once we receive your
cancellation and have confirmed all necessary information with you via
e-mail, we will inform you that your account has been cancelled. At this
time, your account with us has been cancelled. If you do not hear back from
us or receive an e-mail confirming this cancellation, please contact us
immediately.
As a client of Skys Media, it is your responsibility to ensure that your
payment information is up to date, and that all invoices are paid on time.
Skys Media provides a 7 day grace period from the time the invoice is due
and when it must be paid. Any invoice that is overdue for 7 days and not
paid will result in a £5 late fee and/or an account suspension until account
balance has been paid in full.
Invoices that have been paid more than once with multiple Paypal
Subscriptions can only be added as credit towards the account and cannot be
refunded via Paypal. If you require assistance with this provision, please
contact
sales@SkysMedia.co.uk
Skys Media reserves the right to change
the monthly payment amount and any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. Skys Media is not responsible
for files and/or data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all
appropriate backup of files and data stored on Skys Media servers.
6.) Cancellations and Refunds
Skys Media reserves the right to cancel the account at any time with or
without notice and without refunding.
Any abuse of our staff in any medium or format will result in the
suspension or termination of your services.
There are no refunds on all services, administrative fees, install fees for
custom software, or domain name purchases.
7.) INODES
The use of more than 50,000 inodes on any shared account may potentially
result in suspension. Accounts found to be exceeding the 50,000 inode limit
will automatically be removed from our backup system to avoid overusage.
Every file (a webpage, image file, email, etc) on your account uses up 1
inode.
Sites that slightly exceed our inode limits are unlikely to be suspended;
however, accounts that constantly create and delete large numbers of files
on a regular basis, have hundreds of thousands of files, or cause file
system damage may be flagged for review and/or suspension.
The primary cause of excessive inodes seems to be due to users leaving their
catchall address enabled, but never checking their primary account mailbox.
Over time, tens of thousands of messages (or more) build up, eventually
pushing the account past our inode limit. To disable your default mailbox,
login to cPanel and choose "Mail", then "Default Address",
"Set Default Address", and then type in: :fail: No such user here
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies
depending on the hosting package you purchase. Should your account pass the
allocated amount we reserve the right to suspend the account until the start
of the next allocation, suspend the account until more bandwidth is
purchased at an additional fee, suspend the account until you upgrade to a
higher level of package, terminate the account and/or charge you an
additional fee for the overages. Unused transfer in one month cannot be
carried over to the next month.
9.) Dedicated Servers
Skys Media reserves the right to reset the password on a dedicated server if
the password on file is not current so that we may do security audits as
required by our datacenter. It is the responsibility of the client to ensure
that there is a valid email address and current root password on file for
their dedicated server on file to prevent downtime from forced password
resets. Skys Media reserves the right to audit servers as needed and to
perform administrative actions at the request of our datacenter. Dedicated
servers are NOT backed up by us and it is the responsibility of the client
to maintain backups or have a solution for this. You may purchase an
additional hard drive and maintain backups to it as the most simple
solution. Please contact
sales@SkysMedia.co.uk
if you wish to obtain a secondary hard drive. It is your responsibility to
maintain backups.
10.) Price Change
The amount you pay for hosting will never increase from the date of
purchase. We reserve the right to change prices listed on Skys Media.co.uk,
and the right to increase the amount of resources given to plans at any
time.
11.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold Skys Media
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against Skys Media, its
agents, its customers, officers and employees, that may arise or result from
any service provided or performed or agreed to be performed or any product
sold by customer, its agents, employees or assigns. Customer agrees to
defend, indemnify and hold harmless Skys Media against liabilities arising
out of; (1) any injury to person or property caused by any products sold or
otherwise distributed in connection with Skys Media; (2) any material
supplied by customer infringing or allegedly infringing on the proprietary
rights of a third party; (3) copyright infringement and (4) any defective
products sold to customers from Skys Media's server.
12.) Disclaimer
Skys Media shall not be responsible for any damages your business may
suffer. Skys Media makes no warranties of any kind, expressed or implied for
services we provide. Skys Media disclaims any warranty or merchantability or
fitness for a particular purpose. This includes loss of data resulting from
delays, no deliveries, wrong delivery, and any and all service interruptions
caused by Skys Media and its employees.
13.) Disclosure to law enforcement
Skys Media may disclose any subscriber information to law enforcement
agencies without further consent or notification to the subscriber upon
lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
14.) Changes to the TOS
Skys Media reserves the right to revise its policies at any time without
notice.
SHOUTCAST POLICY
Use of Skys Media
Internet Services constitutes acceptance and agreement
to Skys Media T.O.S. (Terms of Service) and A.U.P.
This agreement is
between Skys Media Internet Services, and subscribers to
our streaming media packages, herein referred to as
client. This agreement is affective for any period
during which the client is a subscriber of any service
offered by Skys Media.
If a Skys Media
account is used to violate the Acceptable Use Policy or
our TOS, we reserve the right to terminate your service
without notice. We prefer to advise customers of
inappropriate behaviour and any necessary corrective
action, however, certain violations of the Acceptable
Use Policy will result in immediate termination of
service. Our failure to enforce this policy, for
whatever reason, shall not be construed as a waiver of
our right to do so at any time.
Skys Media Internet
Services may not be used for illegal purposes, or in
support of illegal activities. Skys Media reserves the
right to cooperate with legal authorities and/or injured
third parties in the investigation of any suspected
crime or civil wrongdoing.
1. Broadcast
Bitrate - Overstreaming
Utilizing a higher bitrate than shown on your account
details. Shoutcast servers operate in a shared
environment where bandwidth is provisioned very
carefully, so abusing your bitrate will almost always
result in server termination. It is your responsibility
to maintain proper control over the broadcast bitrate.
Shoutcast audio-only streams must be between 8kbps and
the bitrate reflected on Subscriber's account.
2. Content
Client agrees to take sole responsibility for all
content, including audio streaming, web pages, and any
other service that is utilized. Skys Media is not liable
for any action taken against a client as a result of
their stream content or web content.
3. Content
Restrictions
Skys Media will not actively monitor the content of any
client's broadcast or website. Client will not, however,
use server resources for any illegal activity, including
the sharing of copyrighted programs as well as
slanderous material. Client will not run any program
that is specifically designed to bog down server
resources.
4. Licenses
Client is solely responsible for any applicable license
fees for their location. Skys Media does not award free
licensing to clients, such as ASCAP, BMI, SESAC, RIAA,
SIAE, GEMA, CARP, PPL, MCPS-PRS
5. Liability
Skys Media will not be held liable for any injury, loss
of business, loss of property, loss of data, or other
mishap caused by the use provider's services or provider
error. Skys Media will make every effort to provide an
uninterrupted Internet connection; however, we do not
warrant that the Internet connection will be error free
or uninterrupted. We perform full monthly and weekly
incremental back-ups; however, Skys Media shall not be
liable for any indirect, incidental or consequential
damages sustained or incurred in connection with lost
data. Skys Media is hereby waived of any legal
obligation pertaining to the use of our service.
6. Uptime
We cannot
guarantee 100%
uptime, as
server
patches/hardware
upgrades may
need to be
applied from
time to time.
However, it only
takes about 90
seconds to
reboot a server.
If we expect
longer outages,
you will be
informed. On
occasion
hardware failure
may result in
longer service
disruption
whilst its being
fixed we can't
predict when
hardware/software
failure occurs
but we will keep
disruption
if/when it
occurs to a
minimum time.
We are not
responsible for
loss of profit
due to server
downtime. by
joining our
services you
accept all TOS
We constantly
monitor our
dedicated server
providers
performance and
if we see it's
performance drop
we may change
supplier to keep
a high uptime
rate. If you
have a shoutcast
server the ip
and port may
change please
remember this is
rare! disruption
is minimal if
your radio
station is
listed on
i-Tunes, Real
player it is
your
responsibility
to amend your
streams with
them. We are
not held
responsible for
any
listener/money/advertisement
revenue lost
because of these
changes. We
don't change our
suppliers for
fun we change
them to protect
you the customer
from further
disruption with
there servers.