Terms of service

The use of services from skyguts.com, will be referred as “SkyGuts” constitutes agreement to these terms.

For Privacy policy please visit Privacy Policy

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) in case 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. If you have a domain name registered with SkyGuts, 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. SkyGuts is not responsible for a lapsed registration due to outdated contact information being associated with the domain.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 email. Providing false contact information of any kind may result in the termination of your account. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Ownership

The credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

Transfers

Our transfers team will make every effort to help you move your site to us. We can not 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 extremely difficult 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.

2.) Content

All services provided by SkyGuts may only be used for lawful purposes. The laws of the Indian Government  and the United States of America apply. The customer agrees to indemnify and hold harmless SkyGuts 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 another’s copyright 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 email to complaints@skyguts.com with the information required. A list of required information may be found in Copyright Info. If the request is of a licensing issue, we may require further documentation.

Using a hosting account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.

Adult Websites Hosting X rated content including photos, videos, streams and links are not allowed by law on the Indian Servers. Hosting such content on the Indian servers would result in termination of your services without notice and the account won’t be eligible for refunds of any kind due to the nature of the offence being serious.

Hosting and Distributing Copyrighted Film Music from any language is strictly prohibited on the Indian servers. We will have to suspend your site without notice if a complaint is received about your site distributing such content. We also do regular audits to keep a check on such content being hosted on our servers.

WAP Websites Distributing Copyrighted Music,Games,Mobile Apps, General Applications or any third-party paid Softwares are also not allowed on our servers. We do regular audits to keep a check on such content being hosted on our servers. As part of our Anti-warez measures, we strictly do not allow such applications and content to be hosted on our servers.

Examples of unacceptable material include:

Topsites

IRC Scripts/Bots

Proxy Scripts/Anonymizers

Pirated Software/Warez

Image Hosting Scripts (similar to Photobucket or Tinypic)

AutoSurf/PTC/PTS/PPC sites

IP Scanners

Bruteforce Programs/Scripts/Applications

Mail Bombers/Spam Scripts

Banner-Ad services (commercial banner ad rotation)

File Dump/Mirror Scripts (similar to rapidshare)

Commercial Audio Streaming (more than one or two streams)

Escrow/Bank Debentures

High-Yield Interest Programs (HYIP) or Related Sites

Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)

Sale of any controlled substance without prior proof of appropriate permit(s)

Prime Banks Programs

Lottery/Gambling Sites

MUDs/RPGs/PBBGs

Hacker focused sites/archives/programs

Sites promoting illegal activities

Forums and/or websites that distribute or link to warez/pirated/illegal content

Bank Debentures/Bank Debenture Trading Programs

Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

Push button mail scripts

Mailer Pro

Tell A Friend Scripts

Anonymous or Bulk SMS Gateways

Bitcoin Miners

PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)

IRCD (irc servers)

Escrow

Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

SkyGuts services  are provided only for authorized customer use. SkyGuts 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 SkyGuts 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. SkyGuts 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 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.

Sites hosted on SkyGuts.com’s service(s) are regulated only by Indian law.

If in doubt regarding the acceptability of your site or service, please contact us at complaints@skyguts.com 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.

If So, 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, set 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 user name 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.

HIPAA Disclaimer We are not “HIPAA compliant.”

Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. SkyGuts.com does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this Terms of Service, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that HostGator is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact sales@skyguts.com

 3.) Zero Tolerance Spam Policy

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

Please read SkyGuts-Mail Policy 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, phone, postal mail, 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.

SkyGuts 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.

SkyGuts 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 SkyGuts.

4.) Payment Information

You agree to supply appropriate payment for the services received from SkyGuts, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify SkyGuts 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 the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of SkyGuts, 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 SkyGuts 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 SkyGuts. SkyGuts reserves the right to bill your credit card or billing information on file with us. SkyGuts provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 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 SkyGuts 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 Billing department via a support ticket created from http://skyguts.com/support-skyguts after paying for a domain. Domain renewal notices and invoices are provided as a courtesy reminder and SkyGuts cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our Billing department via a support ticket created fromhttp://skyguts.com/support-skyguts for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

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 visit http://skyguts.com/support-skyguts to create a support ticket to our Billing department.

SkyGuts reserves the right to change the monthly payment amount and any other charges at anytime.

5.) Backups and Data Loss

Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. SkyGuts 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 SkyGuts servers.

6.) Cancellations

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

It is the client’s responsibility to maintain decency and politeness when communicating with our staff irrespective of any issues you have. Each of our communication channels are monitored with proper logs to trace any staff abuse by clients including verbal abuse using our phone system. We reserve the right to suspend or terminate your services without notice if you are found guilty of this offence. No refunds will be made in such cases irrespective of your signup date.

Customers may cancel at any time via a cancellation form.

Cancellations requested after the initial 15 days will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires

7.) Refunds

There are no refunds on administrative fees, and domain name purchases . However on legitimate cases on consideration, refunds will be made at the sole discretion of SkyGuts on webhosting only.

Refunds can only be adjusted across for upgrades to higher lever plans.

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

Customers signing up for the sole purpose of getting a refund would be classified as people misusing our refund policies. We have found out that people suspended on other hosts for resource abuse/spam etc.  Also such people just need a place to dump their data at times and just misuse the refund policy for temporary hosting. We will evaluate if such misuage was done before processing any refunds on all accounts. Accounts found guilty would not be entitled for a refund.

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 over usages. Unused transfer in one month cannot be carried over to the next month.

9.) 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 skyguts.com, and the right to increase the amount of resources given to plans at any time.

10.) Indemnification

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

11. Scope of Free Domain 

Free Domain is provided only for the customers opting for Yearly plan and TLD’s included for Free domain are .com,.net,.org,.info,.name,.biz,.in . For other extensions,free domain is not applicable. However you can register with hosting and domain packages seperately with us.Free addons may not be applicable for some extensions.
Only One Domain is eligible for Free Domain name which has to be included at the time of selecting the plan(You must add the domain name into your cart before purchase of the plan).

12. Website Design 

Designing a Site is the core action of any website you find in internet. Web designs have some limitations, which are given below
12 a. Website Designing 

Website Design is the main part of a website. Many Designs available for you to choose.

Rest we will handle to Upload your contents on the website.

We also support for the templates which you can provide, which you have bought from trusted sites. We will contact their support and help with the setup of the template and Updation of contents to it. Kindly note that, we do not recreate other third party templates at skyguts.com.  And also we sincerely follow DMCA policies. And any templates we found under copyright infringement will not be entertained.

Please Understand – The Limitations is to prevent Bad usage of the services and to ensure every customer satisfaction.
Only One Domain is eligible for design which is included at the time of selecting the plan and design costs vary according to your needs.

12 b. Updates 

Updation of content to your website is totally free and unlimited changes(Text,color and images)can be done on your side within the plan limits.

12 c. Website ReDesign  

Website ReDesign, we believe that a website should be redesigned for every year to make the viewers of your website delightful. It is necessary for each website to have redesign every year. Which we offer with a list of our available themes as long as you with us on our yearly plans

12 d. Content Creation

Content Creation is not within the scope. However we will provide you at extra charges.

 

13. Free SEO BASIC(Free BASIC SEO Terms)

So the Site has been setup, but the main thing is Google, Bing, Yahoo might able to find out.

At SkyGuts, we provide you BASIC SEO for you completely free, which includes
-HTML Sitemaps
-XML Sitemaps
-Search Engine Submission
-Metadata Options
Only One Domain is eligible for Free BASIC SEO which is included at the time of selecting the plan.

14. Free transfer

It is free for one domain to transfer normally to SkyGuts with every plan with us(Applicable on Free domains only .com,.net,.org,.info,.name,.biz,.in).
Selecting a new Free Domain name is not applicable with Free Transfer. Also, Free Design & Free BASIC SEO for existing website is not applicable, However a new website design can be made, according to any of the choosen plan and appropriate BASIC SEO.
Free transfer applicable once only and corresponding free domain renewals will be granted/not granted only by sole discretion of SkyGuts at the end of first year term of the plan. Free transfer does not applicable for existing customers or existing plans.
Though Free Design and Free BASIC SEO shall be used and renewed along with the term of the plan, if opted to a new website design via skyguts support and the same becomes invalid with a existing website.

15. Free Domain & Services:
Free Domain, Website Design Themes and BASIC SEO will be available with every plan, as long as the selected term of the plan. And the same services will be renewed annually upto the selected term of the plan. For example :If Selected Term plan for 3 years. Then Free Domain, website Design and BASIC SEO will be registered for one year at first, After the first year Free Domain, website Design and BASIC SEO will then be renewed for next annual year and so on until the term of plan.
Free services will be associated as long as the term of the plan. After the expiration of plan (i.e first three years) Free services associated will be automatically removed from the plan. So it is necessary to renew the plan to continue with free services. Else, free services will be billed seperately without plan. However, you can still avail free services, by renewing the plan before expiration of term of the plan.
web Design and BASIC SEO is a free courtesy services and the services will be provided as per the terms mentioned. There shall not be more assistance other than the terms included under each plan. Please understand limitations on free services are made to better serve every customers fully satisfied and avoid misusage of services.
Free services such as Free Domain, Web Design and BASIC SEO with the purchase of any plan. you acknowledge and agree that such Free services is only valid for one year and then renewed upto the term of the plan selected and is only available with a valid purchase and may be terminated in the event the plan purchases is deleted, cancelled, transferred or not renewed. You acknowledge and agree that we may swap your Free services for a similar product, in our sole discretion. If you wish to cancel the automatic renewal of the plan, you may do so by visiting your Account and turning off the auto-renewal feature, or by contacting support.

For the Services offered by third party service providers like google . you need to accept their terms of service.

16. Delivery/shipping:
Domain registration and webhosting services were delivered instantly after the confirmation of a verified account.
Webdesign services
Bronze – Instant(within a hour) to 1 Day to 1 week
Silver – Instant(within a hour) to 1 Day to 1 week
Gold – Instant(within a hour) to 1 Day to 1 week
Diamond – 1 Day to 1 week

However the above delivery periods may vary slightly depending on the volume of the orders and any unnatural events. We strive to deliver the best quality all the time at the earliest as possible.

17. Disclaimer

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

18. Disclosure to law enforcement

SkyGuts 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.

19. Downgrades

Account downgrades are charged. Account downgrades are also not eligible for free transfers. Data transfer charges are applicable based on the size of data when accounts need to be moved between servers during downgrades.

20. Changes to the TOS

SkyGuts reserves the right to revise its policies at any time without notice.

We are constantly changing and improving our Services. We may add or remove functionalities or features of the Services at any time, and we may suspend or stop a Service altogether. We may modify the Agreement at any time. We’ll post any modifications to the Terms on this page.