Last updated: May 1, 2017
This document (the "Agreement") sets forth the principles, guidelines and requirements of the Terms of Service of Skainet (the "Company", "us", "we", or "our") governing the use by the customer ("Customer", "you") of the Company's services and products ("Services and Products"). Skainet retains the right to modify these Terms of Service at any time, and any such modification published on this page shall be automatically and retroactively applied to all clients. The Company shall be the sole and final arbiter as to the interpretation of the following. By utilizing the Company's Services and Products, the Customer agrees to be bound by the terms outlined here. No purchase or upgrade shall exempt a Customer from these terms.
Term
The Customer agrees to the term set within the billing period during the order process. All of Skainet's services are prepaid and do not bind the customer to any additional length of contract and the Customer will have the option to renew or cancel services at anytime. Leaving services unpaid may incur fees or other dues for the Customer.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account and all related services.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Skainet.
Skainet has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Skainet shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Support
The Company aims to provide continuous support, where appropriate, for all services it provides. The Customer is asked to acknowledge that Skainet maintains a primarily "unmanaged" web hosting service, which confers no guarantee of technical support service aside from assistance in resolving issues that directly impede the usage of service provided by the Company, such as hardware, network, and operating system malfunctions. Not applicable to Managed Email service. Individual software packages and third-party applications will not be supported by the Company beyond best-effort troubleshooting through Support ticket.
Cancellation
If for any reason you would like to cancel your service, please submit a cancellation request from the client panel, or as a written request via support ticket in the Billing department. All customer data and backups remaining after the cancellation date will be destroyed permanently. Please note that selecting "immediate cancellation" will result in full and complete termination of customer data within 24 hours of cancellation.
72 Hour Money Back Guarantee
In the event that you are not satisfied with our services, Skainet offers a 72 hour Refund.
The following circumstances under which a full refund is requested will be denied or subject to the exclusive discretion of Skainet to approve or deny:
Refunds approved and processed according to the 72 Hour Refund Guarantee will take the form of a reversal of the Customer's payment to the original funding source, or as account credit at the discretion of the Customer.
Payments, or portions of payments, made for the following are strictly NON-REFUNDABLE, regardless of refund eligibility based on the above criteria:
Skainet reserves the right to approve or deny all refunds based on these terms.
Refunds & Disputes
All services rendered by Skainet are non-refundable unless processed through our 72 hour money back guarantee. Customers seeking to resolve billing errors are asked to open a billing ticket at the client panel. The Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an account fee of $50 and will be subject to collection by an authorized collection agency.
Non-Payment & Service Suspension
All payments are due in full on the monthly, quarterly, semi-annual, or annual anniversary date as dictated by the customer's billing term. Failure to remit payment for services by the due date is a violation of the agreement. Failure to remit payment for seven (7) consecutive days, following the due date, shall result in suspension of public access to Customer services and a 20% reinstatement fee applied to the delinquent invoice. Failure to remit payment for services within fourteen (14) consecutive days, following the due date, shall result in termination of all customer data and hosted backups.
SPAM and Unsolicited Commercial Email (UCE)
Customers may not use or permit others to use the network to transact in UCE. Customers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks.
Violation of Skainet's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Skainet will initiate an immediate investigation (within 48 hours of notification). During the investigation, Skainet may restrict Customer access to the network to prevent further violations. If a Customer is found to be in violation of our SPAM policy, Skainet may, at its sole discretion, restrict, suspend or terminate Customer's account. Further, the Company reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Skainet will notify law enforcement officials if the violation is believed to be a criminal offense. If Customer is found to be in violation of our SPAM policy, Customer shall not be entitled to a refund of any fees paid in advance prior to such violation.
System and Network Security
Users are prohibited from violating or attempting to violate the security of the Skainet and partner networks. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
These violations include, without limitation: accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such User is not entitled. If Customer is found to be in violation of our System and Network Security policy, Skainet may, at its sole discretion, restrict, suspend or terminate Customer's account. Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
Suspension of Service
Skainet reserves the right to terminate or suspend network access to any Customer if, in the reasonable judgment of the Skainet network administrators, the Customer's hosted service is the source or target of an attack, or is found to be in violation of the AUP or TOS in any other way, or for any other reason which the Company chooses. Skainet will typically suspend only the specific service in breach of the TOS or AUP, but may suspend all Customer services at its discretion, without prior notification to the Customer.
In extreme cases, law enforcement will be contacted in regard to prohibited activity or content. The Customer will not be credited for the time the Customer's account was suspended. If the Customer is found to be in violation of any policy or agreement contained within this Agreement, Skainet may, at its sole discretion, restrict, suspend or terminate Customer's account. The Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Abusive behavior of any sort will not be tolerated and will be grounds for termination. Skainet reserves the right to deny an order or service renewal for any reason the Company chooses.
Skainet warns Customers that it may suspend services immediately for any of the following offenses:
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Backups & Data Loss
Your use of the Company's servers and services is at your sole risk. Skainet is not responsible for files and/or data hosted on a Customer's account. While complimentary backups may be provided by the Company, you, the Customer agree to take full responsibility for files and data transferred to/from and maintained on your VPS server or hosting account, and agree that it is your own (the Customer's) responsibility to take backups of data residing on your VPS server or hosting account.
Violations
Any attempt to undermine or cause harm to the Company or another hosted Customer is strictly prohibited. Any violation of the above Terms of Service, or any violation of the Acceptable Use Policy may, in the sole discretion of the Company, result in immediate account termination.
Skainet reserves the right to remove any Customer's account without prior notice, with or without a refund, if the Customer's account is verifiably determined to be at risk of violating any section of this Agreement.
Violation of these Terms of Service may result in legal action, service charges or a combination thereof.
The Service Level Agreement, 72 Hour Refund Guarantee, and all other guarantees made by the Company will be void if any section of this Agreement is violated.
Identity Use & ConfidentialityCustomer agrees to use the Skainet logo, Skainet information, and related services in accordance to the approved marketing guidelines. Skainet agrees not to use Customer name, logos, or information without prior written consent of Customer.
Customer acknowledges that by reason of their relationship, both the Customer and the Company may have access to certain products, information and materials relating to the other party's business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both the Company and the Customer agree that it will not use in any way, for its own account or for the account of any third party, nor disclose to any third part, any such information revealed to it by either party.
The Customer and the Company further agree that each will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section of the Agreement shall survive the termination of the Agreement for any reason. Upon any breach or threatened breach of this section of the Agreement, either party shall be entitled to injunctive relief, which relief will not be contested by the Customer or the Company.
Mutual Indemnification
Each party agrees to indemnify and hold harmless the other party, the other party's affiliates, and each of their respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to the indemnifying party's actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.
Limitation of Liability
Except as described in the SLA, Skainet shall not be liable to Customer for harm caused by or related to Customer's services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this Agreement, the maximum aggregate liability of Skainet and any of its employees, agents or affiliates, under any theory of law shall not exceed the amount paid by the customer for hosting services for the thirty (30) days prior to the occurrence of the event(s) giving rise to the claim.
ArbitrationAny controversy or claim arising from service or related to this contract or breach therein in excess of $1000.00 shall be settled by mutually agreed upon arbitration. The resulting judgment rendered by a licensed arbitrator shall be final and binding on the parties and may be entered in a court of the Province of Manitoba.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Manitoba, Canada, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.