Terms of Service

Terms of Service

The use of services from Skyfall Digital Media constitutes agreement to these terms. You may view our Privacy Policy here.

Account Setup / E-mail 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) to ensure that fraud isn’t being committed. It is your responsibility to provide us with an e-mail 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 e-mail address on file will be used for this purpose. It is your responsibility to ensure the e-mail address on file is current or up to date at all times. If you have a domain name registered with Skyfall Digital Media, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Skyfall Digital Media is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via our support ticket system here.

Please note: providing false contact information of any kind may result in the termination of your account. In any high-risk transaction(s), 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 our servers. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it tough if not impossible to migrate some or all account data. We will try our best, but in some cases, we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign-up date. Transfers outside of the 30-day free period, will be up to the transfer department on whether or not to do it for free. There may be a charge.

Content

All services provided by Skyfall Digital Media may only be used for lawful purposes. The laws of the State of Virginia and the United States of America apply. The customer agrees to indemnify and hold harmless Skyfall Digital 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. Any account found to be in violation of copyright infringement will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please e-mail marketing@skyfalldigitalmedia.com with the information required. If the request is a licensing issue, we may require further documentation.

Here are some examples of unacceptable material that is not permissible within our servers that includes, but is not limited to the following:

1. Topsites
2. IRC Scripts/Bots
3. Proxy Scripts/Anonymizers
4. Pirated Software/Warez
5. Image Hosting Scripts (similar to Photobucket or Tinypic)
6. AutoSurf/PTC/PTS/PPC sites
7. IP Scanners
8. Bruteforce Programs/Scripts/Applications
9. Mail Bombers/Spam Scripts
10. Banner-Ad services (commercial banner ad rotation)
11. File Dump/Mirror Scripts (similar to Rapidshare)
12. Commercial Audio Streaming (more than one or two streams)
13. Escrow/Bank Debentures
14. High-Yield Interest Programs (HYIP) or Related Sites
15. Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
16. Sale of any controlled substance without prior proof of appropriate permit(s)
17. Prime Banks Programs
18. Lottery Sites(includes gambling and promoting gambling)
19. MUDs/RPGs/PBBGs
20. Hateful/Racist/Harassment oriented sites
21. Hacker focused sites/archives/programs
22. Sites promoting illegal activities
23. Forums and/or websites that distribute or link to warez/pirated/illegal content
24. Bank Debentures/Bank Debenture Trading Programs
25. Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
26. Mailer Pro
27. Other to-be-determines sites that fall into these categories.

Skyfall Digital Media services, including all related equipment, networks and network devices are provided only for authorized customer use. Skyfall Digital Media systems may be monitored for all lawful purposes, 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 Skyfall Digital Media system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Skyfall Digital Media may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

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 abuse related e-mails within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket and will have a response within 48 hours.

If there are any issues regarding the acceptability of your site or service, please contact us at https://skyfalldigitalmedia.com/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.

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

All 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, you should set the permissions on most directories to “755” or as restrictive as 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.

Resource Usage

Users may not:

1. Use 25% 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 stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4. Run any software that interfaces with an IRC (Internet Relay Chat) network.
5. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6. Participate in any file-sharing/peer-to-peer activities
7. Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8. Run cron entries with intervals of less than 15 minutes.

Users are strongly recommended to:

1. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use
   include(“include.php”)
2. To help reduce usage, do not force html to handle server-side code (like php and shtml).
3. Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

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 that you have incurred.

Note: unused transfer in one month cannot be carried over to the next month.

Zero Tolerance Spam Policy

We take a zero tolerance stance against sending of unsolicited e-mail, bulk e-mailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who
sends out spam will have their account terminated with or without notice.

Sites advertised via SPAM may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, e-mail, instant messaging, and/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.

Skyfall Digital Media reserves the right to require changes or disable as necessary any website, account, database, or another component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Skyfall Digital Media reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee or any charges incurred for blacklist removal. This cost of the clean-up fee is entirely at the discretion of Skyfall Digital Media.

Payment Information

You agree to supply appropriate payment for the services received from Skyfall Digital Media, in advance of the time period during which such services are provided. You agree that until and unless you notify Skyfall Digital Media of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account’s invoices are paid outside of the ten day grace period, invoices will not be automatically generated. However, after the customer notifies Skyfall Digital Media of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.

Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via support ticket, we will inform you in writing via e-mail that your account has been cancelled. We require that cancellations of service are made through the online form to:

1. Confirm your identity
2. Confirm in writing you are prepared for all files/e-mails to be removed
3. Document the request

This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, e-mails, and account may be removed immediately after a cancellation request is processed.

As a client of Skyfall Digital Media, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree that until and unless you notify Skyfall Digital Media of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis unless otherwise stated in writing by Skyfall Digital Media. Skyfall Digital Media reserves the right to bill your credit card or billing information on file with us. Skyfall Digital Media provides a ten day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for ten days and not paid will result in a 10% late fee and/or an account suspension until account balance has been paid in full. The 10% late fee is applied in addition to whatever else is owed to Skyfall Digital Media for services rendered. Access to the account will not be restored until payment has been received.

It is the customer’s responsibility to notify our sales team via support ticket (Click Here) after paying for a domain renewal and to ensure the e-mail is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder, and Skyfall Digital Media cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

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 without express permission of Skyfall Digital Media.

Note: Cancelled accounts do not automatically cancel your PayPal subscription if you use this service. It is your responsibility to cancel the subscriptions in your PayPal account. We are not responsible for this. If you overpay on a cancelled account via PayPal, we will refund you the amount minus any administrative fees for handling your request. If you file a dispute, we reserve the right to deny your refund request to deal with administrative fees for processing the PayPal dispute.

Skyfall Digital Media reserves the right to change the monthly payment amount and any other charges at any time.

Backups and Data Loss

Please take the time to learn how to properly backup your website.  If you need assistance in performing this task, Skyfall Digital Media offers monthly website maintenance services that can be customized to meet your specific needs.  Please contact us if help is needed.

Your use of this service is at your sole risk. Skyfall Digital 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 Skyfall Digital Media servers.

Cancellations and Refunds

Skyfall Digital Media reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via a cancellation form. All cancellations must be received 10 days before invoice due date or you will be held responsible for the outstanding Invoice. Skyfall Digital Media gives you an unconditional 30-day money back guarantee on our hosting services.

Note: Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

Money Back Guarantee

All of the website packages offered by Skyfall Digital Media carry a 30-day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this does not apply to domain name purchases as they are your digital property after you purchase them for the period of time that you initially paid (1 year is the minimum).

Skyfall Digital Media will not activate new orders or activate new packages for customers who have an outstanding balance. For a new order to be setup or a new package to be activated, you must have a balance of $0.00 unless otherwise stated by Skyfall Digital Media in writing.

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 Skyfall Digital Media, and the right to increase the amount of resources given to plans at any time.

Coupons (Promo Codes)

Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have signed up using a particular domain, you may not sign up for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales Department and the appropriate invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase and do not affect the renewal or recurring price unless specifically mentioned.

Indemnification

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

Arbitration

By using any Skyfall Digital Media services, you agree to submit to binding arbitration. If any disputes or claims arise against Skyfall Digital Media or its subsidiaries, such disputes will be handled by an arbitrator of Skyfall Digital Media’s choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Virginia. Arbitrators shall be attorneys or retired judges and shall be selected according to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

Disclaimer

Skyfall Digital Media shall not be responsible for any damages your business may suffer. Skyfall Digital Media makes no warranties of any kind, expressed or implied for services we provide. Skyfall Digital 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 Skyfall Digital Media and its employees.

Disclosure to Law Enforcement

Skyfall Digital 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.

Changes to the Terms Of Service

Skyfall Digital Media reserves the right to revise its policies at any time without notice.

Severability Clause

In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.