Terms Of Service
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.