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Terms Of Service E-mail
Goodies, Inc D/B/A Skyscraper Internet ("The Company", "Skyscraper Internet", "broadbandhosting.com", "Skyscraper Internet Web Hosting", "We", "Us", and "Our") agrees to provide services to the Customer, subject to the following Terms of Service (TOS). "You" means the person or company who is using our service(s) or product(s).

 

Violations of the Terms of Service will waive the refund policy and "30-Day Money Back Guarantee".

 

Term: Customer agrees to a month to month contract term for services unless otherwise agreed to in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer.

 

 

1. Payments and Fees

 

Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Subscriber agrees that The Company/Credit Card/Paypal automatically charges subscriber’s credit card, check or Paypal account every month.

 

You are obligated to pay for your account even if you do not use it. Because we have provided you with usernames, passwords, DNS entries, an IP address, and other server/network resources, you have the ability to use your account. The fact that you do not do so is not relevant - you are still obligated to pay for the account. Even an unused account uses valuable system resources that could be used for other customers.

 
Server Customers:

 

Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.

 

Upgrade Fees: Upgrades ordered on the billing anniversary date will be billed for a full month service and will continue each month on the anniversary date. Upgrades ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.

 

Additional Service Fees: Additional services ordered on the billing anniversary date will be billed for the full month service and will continue each month on the anniversary date. Additional services ordered after the normal anniversary billing date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing anniversary billing date.

 

One Time Fees: One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.

 
Failure to Pay:

Skyscraper Internet may temporarily deny service or terminate this Agreement upon the failure of the customer to pay charges when due. Such termination or denial will not relieve subscriber of responsibility for the payment of all accrued charges. Service will be interrupted on accounts that reach 5 days past due.

 
WARNING: We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may affect your credit rating.

2. Invoices and Due Dates

Skyscraper Internet generates and sends all invoices 7 days in advance of the due date. Since most accounts are paid via automated payments, if your payment fails you must update your payment method. You are responsible to pay any payments and fees by due date.

Shared/Reseller Hosting Customers:
7 days before the due date
We generate and send all invoices. This invoice can be checked on Skyscraper Internet Client Area.
1 day after the due date
We send overdue invoice reminder emails. This reminder be checked on Skyscraper Internet Client Area.
5 days after the due date
Suspension of your hosting account.
After 30 days of non-payment from Invoice Due Date
Your account/service will be terminated and your all data will be deleted from the servers and billing system.

 

Server Customers:

7 days before the due date
We generate and send all invoices. This invoice can be checked on Skyscraper Internet Client Area.
1 day after the due date
We send overdue invoice reminder emails. This reminder be checked on Skyscraper Internet Client Area.
5 days after the due date
Results in a termination of public access to Customer services.
After 7 days of non-payment from Invoice Due Date
Results in termination of access to the service network and all customer data will be destroyed for security and privacy reasons.

 

Skyscraper Internet will not be responsible for any damages your business may suffer because of your failure to make payment. Skyscraper Internet makes no warranties of any kind, expressed or implied, for the services we provide.


3. Price Changes

The amount you pay for hosting will never increase from the date of purchase. However, we reserve the right to change prices listed on BroadbandHosting.com, and the right to increase or decrease the amount of resources given to plans at any time.


4. Cancellations

 

Cancellation requests must be made via the online ticketing system at http://www.SkyscraperInternet.com/clientarea/ - No other avenues of cancellation will be accepted. While no advance notice of cancellation is required, all fees paid for service to the point of cancellation are nonrefundable. Cancellations made within 30 days of beginning service are subject to the Skyscraper Internet 30-day guarantee, and will result in a refund of fees paid. All fees paid for domain registration are nonrefundable, without exception. All domain registrations are completed only after payment is received. Accounts are payable in full at the time of account creation. Accounts for which payment by credit card is selected are subject to suspension if payment cannot be processed at the time of account creation. It is your responsibility to make backups via control panel before your account is deleted.

 

If you have a past-due balance on your account at the time the account is closed (either by your request or due to non-payment), the remaining balance must be paid within 30 days of when the account is closed. If we do not receive payment on the remaining balance in that time, we will begin efforts to collect any fees owed. We apply a $20.00 collection fee to cover our costs in attempting to collect your debt. If our internal collection efforts fail, we reserve the right to turn the account over to a third party (either a collections agency or an attorney) for further action.

 
WARNING: We reserve the right to report your unpaid balance to credit reporting agencies. Unpaid invoices may effect your credit rating.
5. Notification of Violation

Skyscraper Internet is under no duty to look at each customer's or user's activities to determine if a violation of the TOS/AUP has occurred, nor do we assume any responsibility through our TOS/AUP to monitor or police Internet-related activities.

6. Suspension/Termination

Skyscraper Internet reserves the right to cancel your account at any time with or without notice.

Your Service may be suspended / terminated by Skyscraper Internet under the following circumstances (non-exclusive list):
  • Failure to Pay Payments and Fees
  • Violation of the Terms of Service or Acceptable Use Policies
  • Any issue that may affect negatively our customers or system resources
7. Spam and Unsolicited Commercial Email (UCE)

Skyscraper Internet has a zero tolerance policy on Spam, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Skyscraper Internet whether or not the message actually originated from our network.

 

Skyscraper Internet's mass mailing rules also apply to mailing lists, list serves, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail addresses available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

 

If your actions have caused Skyscraper Internet mail servers or Skyscraper Internet IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $150 charge to your account and $60 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

 

 

Violation of the above terms will result in one or all of the following:
  • A warning via email or phone.
  • Removal of DNS for the advertised / originating site
  • Immediate disconnection of service with no re-activation
  • $100 fee assessed to your account for violation
8. Responsibility for Account Content & Use

All services provided by Skyscraper Internet may only be used for lawful purposes. The laws of the State of Illinois and the United States of America apply.

The customer agrees to indemnify and hold harmless Skyscraper Internet 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 This e-mail address is being protected from spambots. You need JavaScript enabled to view it with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

 

 

Skyscraper Internet does not allow any of the following content to be hosted:
  1. Illegal Material - This includes copyrighted works, commercial audio, video, or music files, virus/software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems and any material in violation of any Federal, State or Local regulation.
  2. Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right Material - Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
  3. IRC Bots/IRC related Material
  4. Adult Material - Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "adult material" is left entirely to the discretion of Skyscraper Internet.
  5. Pirated Software/Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
  6. Proxy Scripts/Proxy related/Anonymizers Material
  7. Image hosting only sites that do not host an actual domain name.
  8. High-Yield Interest Programs (HYIP), Bank Debentures, Bank Debenture Trading Programs, and Prime Banks Programs, lottery sites, and muds / rpg's Material.
  9. Other Material - Any material we feel to be abusive, harmful or could harm service operation and/or harm other internet users. The designation of "abusive" is left entirely to the discretion of Skyscraper Internet. All rights reserved.

 

We reserve the right to refuse service to anyone. Any material that in our judgment is obscene or threatening is prohibited and will be removed from our servers with or without notice.

 

Failure to respond to an email from our abuse department within 48 hours may result in the suspension or termination of your services.

 

If you are in doubt regarding the acceptability of your site or service, please contact us 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 hosting or linking to child pornography will be suspended immediately without notice.

 

Attention Resellers: we will suspend the site in question and will notify you so you may terminate the account immediately. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Skyscraper Internet Customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.


9. 30-Day Money Back Guarantee

 

Skyscraper Internet provides a "30-Day Money Back Guarantee". If you are not satisfied with our service and wish to cancel the service within the first 30 days, we will issue you a full refund of your original purchase price. This "30-Day Money Back Guarantee" only applies to Skyscraper Internet's shared hosting services. Payments for Managed Servers, "One-Time Services", "Extra Options", Domain Names, Domain Hosting, Software Licenses, SSL Certificates, and/or any setup fees will not be refunded under any circumstances. Your "30-Day Money Back Guarantee" refund can only be issued to your original payment source. Violations of the Terms of Service or Acceptable Use Policy will waive the "30-Day Money Back Guarantee".


10. Refunds and Disputes

Skyscraper Internet provides pro-rata refunds for 3 months, 6 months and 12 months payment terms. For example, if you paid 6 months pre-paid and want to cancel 4 months down the track, we will prorate your refund for the 2 unused months. Any refunds from Skyscraper Internet, except for a "30-Day Money Back Guarantee", will be issued through PayPal or Credit Card only. We do not issue refunds via check or cash. Violations of the Terms of Service will waive the refund policy. The refund only applies to Skyscraper Internet's shared hosting services. Payments for Managed Servers, "One-Time Services", "Extra Options", Domain Names, Domain Hosting, Software Licenses, SSL Certificates, and any setup fees will not be refunded under any circumstances.

 

All managed servers supplied by The Company are non-refundable. 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. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside the Skyscraper Internet Support Desk.

 

All overcharges or billing disputes must be reported within 30 days from the time the dispute occurred. If you dispute a charge to your credit card issuer, Paypal, or bank that, in Skyscraper Internet’s sole discretion is a valid charge under the provisions of the TOS, you agree to pay Skyscraper Internet an additional charge of $150 and will be subject to collection by an authorized collection agency.


11. Credit

Any credit from Skyscraper Internet can only be used towards your hosting service fee with Skyscraper Internet. Any credit from Skyscraper Internet cannot be refunded to your credit card, Paypal, or bank account.


12. Account/Server Setup

We will set up your account/server after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not at the domain(s) you are signing up under. All new dedicated/managed servers will be set up within 2 business days after we have received payment and verified ID/Photo ID of the customer.


13. Reseller/Reselling Responsibility

 

Reselling is allowed on our Reseller Hosting Packages. Subletting/Reselling of space is strictly prohibited on Shared Hosting Packages. Shared Hosting Accounts that sublet/resell their web space/domains/sub-domains will be subject to immediate suspension or termination.

 

Resellers are responsible for providing all support to their clients directly while Skyscraper Internet will provide support directly to you. If a reseller’s client contacts us, Skyscraper Internet reserves the right to place the client account on hold until the reseller can assume their responsibility for their clients. All support requests must be made by the reseller on their client’s behalf for security purpose. Resellers are also responsible for the conduct of their clients and by agreeing with this TOS/AUP, agree that their clients will adhere to the AUP/TOS. Resellers should make their perspective clients aware of the TOS/AUP and the consequences for violation. Skyscraper Internet will hold the reseller responsible for any of their clients actions that violate the law or the TOS/AUP.


14. Free Software Licenses

Some commercial software is included with Skyscraper Internet hosting services. The user may use the software license exclusively only while utilizing Skyscraper Internet hosting services.


15. SSH/Shell Access

By default, Skyscraper Internet does not provide SSH/shell access to our shared/reseller hosting customers. SSH/shell access may be requested by the Skyscraper Internet Support Desk. This request must be accompanied by government/organization issued photo identification (ID), bank statement or a utility bill, verified billing address, as well as a legitimate reason for needing shell access. Skyscraper Internet is not required under any circumstance to provide SSH/shell access to its clients and reserves the right to suspend or terminate shell access at any time, especially in the case of violation of the Terms of Service. In the case that a client is found using SSH/shell access in any way that violates the Terms of Service, the client’s account will be terminated immediately without refund. Skyscraper Internet only allows SSH/shell access on the reseller hosting client’s main WHM domain and the web hosting client’s main domain.


16. Security

You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest, or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another account or attempt to gain unauthorized access to another network or server.

 

Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

 

Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.

You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user

authentication or the security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools and network probing tools.

You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.

Users who violate systems or network security may incur criminal or civil liability. Skyscraper Internet will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.


17. Bandwidth and Disk 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 over-usage of bandwidth.

You are also allocated disk space allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount of disk space we will notify you by email to the address entered during the ordering process. You must respond and resolve the exceeded disk space within 48 hours, either by removing files until your disk space allocation is no longer exceeded or by purchasing additional disk space. Failure to do so will cause your account to be suspended.

For managed server customers, if you exceed your bandwidth allotment for any reason in any calendar month, even if you have cancelled service with Skyscraper Internet during the month, you will be charged bandwidth overage fees at a rate shown in our current pricing schedule. Bandwidth billing is done in arrears, and you will receive your bill for overage bandwidth during the first week of the following month that the overage occurred. It is your responsibility to monitor your bandwidth usage and to pay for all overages.


18. System and Network Resource Usage
An Individual hosting account, reseller hosting account or any one site may not:
  1. Use 10% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
  2. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
  3. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
  4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
  5. Run any BitTorrent application, tracker, or client.
  6. Participate in any file-sharing/peer-to-peer activities
  7. Run any gaming servers such as Counter-Strike, Half-Life, Battlefield 1492, etc.
  8. Run cron entries with intervals of less than 15 minutes

Skyscraper Internet hosting accounts operate on shared resources. Excessive use or abuse of these shared system and network resources by one customer may have a negative impact on all other customers. Skyscraper Internet reserves the right to suspend or terminate any hosting account deemed to adversely affect server performance or network integrity.


19. Downtime

Downtime is defined as any Skyscraper Internet scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 24 hours notice.


20. Backup and Data Loss

Skyscraper Internet performs backups on all of our servers to ensure critical files are not lost. Our server creates backups for users' sites that you may download on your own; however, we are not obligated to restore a file any user has accidentally deleted or modified. The backups performed on all our servers are in no way guaranteed. Backup restoration is for emergency circumstances only. You are advised to backup all of your own files to your local drive. Skyscraper Internet is NOT responsible for lost data, time, income or any other resource due to faulty or non-existent backups. We recommend that you make your own backups of your site at regular intervals from the backup download option provided in the cPanel Control Panel or via FTP.


21. Migration Service

When ordering one of Skyscraper Internet's hosting services, we can provide you with a migration service. This migration must be done from a cPanel account to a cPanel account. This cannot be done for an individual site (addon domain) under a cPanel account to a new cPanel account.

Due to the different versions of Control Panels and any other circumstances, migrated accounts or sites may not work properly. It is your responsibility to resolve an issue or submit a support ticket to our staff to look at it. However, we have no guarantee on our migration service and we are not responsible for ensuring that migrated accounts or sites work properly.

Skyscraper Internet will not be responsible for any damages your business may suffer because of the failure of the migration service. Skyscraper Internet makes no warranties of any kind, expressed or implied, for services we provide.


22. Server/System Administration/Management and Monitoring Service

Server Customers:

We will provide server administration, management and monitoring service on Skyscraper Internet Managed Servers. We will perform tasks including initial server setup and configuration, security hardening, system optimization, security patching, software update, installation of various server components, weekly and monthly security audit/scan and system health checks, and monitoring. We will only perform tasks that are system-related. We will not perform any tasks that related to 3rd party software/scripts, user-side problems, or others we feel to be not possible. We will support managed server customers only through our helpdesk and email. We do not guarantee or provide any kind of warranty on the server administration & management service that comes with a fully managed server. We will do our best to protect your server from intrusion and try to maintain maximum uptime on the server. However, we are not responsible for any system intrusions, downtime of the server or business loss because of intrusion, server downtime due to hardware failure, and do not provide any kind of warranty under any circumstance. No server is perfect and 100% secure. If you change the following in the server without notifying us, even SLA will be waived: root password, files/settings that are placed/set by us to perform monitoring and to gain other information for server/system management, firewall settings and scheduled jobs such as a cronjob set by Skyscraper Internet.

23. Refusal of Service

Skyscraper Internet reserves the right to refuse, cancel, or suspend service at our sole discretion. Skyscraper Internet will not be responsible for any damages your business may suffer because of this circumstance, and Skyscraper Internet makes no warranties of any kind, expressed or implied, for services we provide.


24. No Warranties

Skyscraper Internet makes no warranties or representations of any kind for the services being offered. The services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Skyscraper Internet or its agents or employees shall create a warranty. Skyscraper Internet provides no warranty that the service will be uninterrupted or error free or that any information, software or other material accessible on the service is free from viruses or other harmful components. Under no circumstances shall Skyscraper Internet be liable for any direct, indirect, special, punitive, or consequential damages that result in any way from your use of or inability to use the service, or for third parties' use of the service to access your Web space, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.


25. Indemnification

Customer agrees that it shall defend, indemnify, save and hold Skyscraper Internet harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Skyscraper Internet, 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 Skyscraper Internet against liabilities arising out of (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Skyscraper Internet’s server; (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 a customer from an Skyscraper Internet server.


26. Disclaimer

Skyscraper Internet will not be responsible for any damages your business may suffer. Skyscraper Internet makes no warranties of any kind, expressed or implied, for services we provide. Skyscraper Internet 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 Skyscraper Internet and its employees.


27. Revisions to Terms of Service

Skyscraper Internet reserves the right to change the Terms of Service at any time, without any form of notice to our clients, non-clients, or the general public. It is the customer's responsibility to check these Terms of Service from time to time for such changes. At all times customers are bound to the terms set forth. In no event shall Skyscraper Internet or its staff's lack of enforcement of these terms constitute a waiver of these terms at any time.

By signing up with our service in any form, or utilizing our service in any form, you agree that you
fully understand, fully accept, and will fully comply with our Terms of Service.