Hosting Terms of Service
Updated Wednesday, June 08, 2011
The Services We Provide
In exchange for the payment terms agreed to in advance, we will host your website on one or more of our servers, so long as you abide by the terms and conditions that are set out on this page, and in any other agreements that relate to the services we may provide to you. We will provide the services according to the specifications listed for the hosting package you select during the signup process, or as provided to you as part of our web design services. For clarity, on this page, the term "Services" refers to the web hosting, not other services that we may provide. The terms “You” , “customer” or “User” means you, the customer and any other user of our services; the terms "Flying Tugboat" or “Skydock” or "us" or "we" refers to Flying Tugboat Studios, LLC.
Permission to Host Your Content
For us to host your website, it is necessary that all data (your “User Content”) be uploaded to our web servers. If you are exclusively a hosting client, this may be done through FTP. If you are a web design customer, this transfer will be performed as part of the development process -please see our Web Design terms of service for more details.
By purchasing hosting services from us, you acknowledge that you are granting us permission to transmit your User Content to the rest of the Internet via the World Wide Web.
Personal information kept on the Skydock servers:
- Contact and Billing Information - Names, addresses, phone numbers, etc.
Personal information NOT kept on the Skydock servers:
- Credit card or back account data such as account numbers and expiration dates.
When you place an order for our services, credit card information is not stored or transmitted directly from our server, but instead you are taken to a secure payment processing website, such as PayPal. We take your privacy very seriously, and as such, will not sell your personal information to third party and will take reasonable steps to keep it from being disclosed to any third party.
You consent to be called by a representative of Flying Tugboat Studios and/or emailed important information about our products and services.
We will make every attempt to retain nightly backups, which are available only for a short period in the event of server failure. However, as with any data storage systems, backups can fail. We encourage you to perform your own backups on a periodic basis or sign up for a service plan that includes regular backups. Flying Tugboat Studios does not maintain long-term backup copies (archives) of any user content.
Because users can freely add, change, or delete files without our supervision, we are not responsible for lost or corrupted data as a result of user error. Equally, we are not responsible for transmission errors due to disconnections or encoding/decoding issues. The user is solely responsible for making back-up copies of his or her website.
Additionally, Flying Tugboat Studios is not responsible for damages to a website, whether it was designed by Flying Tugboat or by the user, due to unsupervised changes to file and directory permissions or user modifications to any files.
Any file over 40MB in size will not be backed up onto our backup servers and in the event of server failure thus will not be recoverable.
Flying Tugboat Studios cannot guarantee that the contents of a web site will never be deleted or corrupted, or that a back-up of a web site will always be available. Users should always keep up-to-date copies of all such materials and content to a local computer and Flying Tugboat Studios strongly suggests that users regularly make additional copies (on tape, CD, another desktop, or elsewhere) to ensure the availability of such files, content or materials.
Acceptable Use/Illegal Activity
Flying Tugboat Studios strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
- Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
- Hosting of files or other data that infringes on another's copyright or other intellectual property rights.
- Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
- Uploading or linking to any content that violates another's right of publicity or privacy.
- Distributing hate speech, or any other content that is obscene, abusing, which could be considered libelous and defamatory.
- Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
- Hosting large amounts of data not specifically tied ("linked") to your hosting account. Skydock encourages users looking for file storage/backup solutions to seek other services that specialize in this.
- Hosting any material that, in our judgment, could be considered adult content, threatening, illegal, or violates our terms of service in any manner.
All services provided by Flying Tugboat may only be used for lawful purposes.
The customer agrees to indemnify and hold harmless Flying Tugboat 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 submit a ticket at http://legal.skydock.biz/
Examples of unacceptable material includes:
- IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, filedump, mirror, or banner-ad services (similar to rapidshare, photobucket, or commercial banner ad rotation), affiliate servers, topsites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited.
- Offering video and/or audio streaming or downloads, MP3 Files, Games and shareware is also not permitted on any Skydock server.
- Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account.
Flying Tugboat services, including all related equipment, networks and network devices are provided only for authorized customer use. Flying Tugboat does not monitor or prescreen content that customers post on their websites. Further, Flying Tugboat does not systematically monitor the content that is submitted to, stored on or distributed or disseminated by user via the Service (the "User Content"). However, at our discretion from time to time, systems usage may be monitored for all lawful purposes, including ensuring that use is authorized and in compliance with our terms and conditions and standards, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During usage monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Flying Tugboat system(s) constitutes consent to such system monitoring for these purposes.
However, any material that, in our judgment, could be considered adult content, 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 support team within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 24 hours.
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.
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 644 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. All files over 10MB must be linked from files within the same account and also publically available through any domain name attached to your account. Large files (files over 10MB) should not take up more than 40% of the data on your hosting account.
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read http://www.skydock.com/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, 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. Flying Tugboat 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. Flying Tugboat reserves the right in its discretion to charge the holder of the account used to send any unsolicited e-mail a cleanup fee.
Bandwidth, Disk Usage, Email and FTP
Hosting space is intended for normal use only, and is limited to Web files, active e-mail and content of the hosted Web sites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, electronic mail or FTP hosts. You are responsible for removing any files, e-mails or other data which do not meet these requirements, and for adhering to any usage requirements or limits allocated to your account(s). Failure to do so may result in removal and deletion of such materials (including without limitation files and e-mails), and/or in discontinuation of your services or account, which actions we may take in our sole discretion.
Flying Tugboat may monitor any user's use of bandwidth, disk space or any other resource on our servers. Flying Tugboat, in its sole discretion, has the right to take any corrective action necessary if a user's utilization of bandwidth, disk usage or other resources exceeds the agreed to usage limitations. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all services, and removal or deletion of all user data.
If Flying Tugboat takes any such corrective action under this section, the user shall not be entitled to a refund or credit of any fees paid prior to such action. Users must comply with all applicable laws, rules and regulations regarding the user's web site, user content and/or user's electronic mail services, including use of bandwidth, disk usage and other resources and will use such services and resources only for lawful purposes. Users may not utilize our services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization; to misappropriate or infringe on patents, copyrights, trademarks or other intellectual property rights of any third party; to traffic in illegal drugs, gambling, adult content, obscene materials or any other products or services that are prohibited under applicable law; to export encryption software to points outside the United States in violation of applicable export control laws; to forge or misrepresent message headers, whether in whole or in part or to mask the originator of the message. If Flying Tugboat learns or discovers that a user is violating any law related to user's web site, user content and/or user's electronic mail services, Flying Tugboat may be obligated to, or may at its discretion, inform the necessary law enforcement and/or any related agencies of such conduct and may provide such agencies with information related to the user, related web site, user content and/or user's electronic mail.
The user is responsible for complying with any usage requirements or limits for bandwidth, disk space or other resources, and monitoring such usage to ensure the web site does not violate such requirements or exceed agreed usage limits. Flying Tugboat will use reasonable efforts in contacting users who are at or near their utilization limits, but Flying Tugboat does not take responsibility if notifications are not received by the user. Flying Tugboat reserves the right to discontinue service through the beginning of the next month for your account in the event that it exceeds the any such allotment.
The user may not:
- 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.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
- Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- 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.
- Participate in any file-sharing/peer-to-peer activities
- Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
- Run cron entries with intervals of less than 15 minutes
- 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")
While our shared services are suitable for the bulk of our customers, there comes a time for some websites when they are better suited for a larger plan, which allows for more dedicated CPU and memory resources. We reserve the right, in our sole discretion, to discontinue service to any customer with a website or other hosted data that takes up more than 10% of the server resources and/or 10% of the server's CPU. This means that if your website is found to be utilizing more than 10% of the CPU and memory of the service, we reserve the right to take your site offline. If this becomes necessary, you can either upgrade your hosting package, or request a pro-rated refund of the amounts you have paid in advance for the hosting services. Due to the severity of this, and our ability to act quickly to correct these situations to avoid server issues, we will do everything reasonably feasible to provide you with a warning prior to taking your site offline, but we accept no obligation to do so.
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid overusage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here
When the Services Will be Available
We will attempt to provide the services 24 hours a day, 7 days a week for as long as you have paid for them. Sometimes, however, for a number of reasons, the services may be unavailable to you. You must recognize and acknowledge that due to the nature of web hosting technology, occasional unavailability of the services cannot be avoided. Sometimes there are equipment malfunctions. At other times we undertake periodic maintenance procedures or repairs. Still other times, there are causes beyond our control like power failures, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network traffic and other occurrences. We have not promised to provide you with uninterrupted service.
When you sign up, your Skydock account will be enabled with auto renewal, which means that when your renewal date arrives, your hosting plan and domain will be renewed. When it is time for renewal, the credit card you have on file with us will also be charged. If you wish to not have this happen, and you would not like to renew your account, you must cancel 14 days prior to your renewal date. If you have any questions as to when your renewal date is, simply login to http://www.skydock.com/billing, or give us a call. If you fail to cancel 14 days prior to renewal, your account will be renewed for a new term, so please be sure to fill out the cancellation form located above if you do not want to renew. Your account renew dates are always listed in http://www.skydock.com/billing.
Please note that special offers are limited-time promotional prices that are available only to new customers and are valid for the initial term only.
By renewing or using your services and products you further agree to all of Flying Tugboat's Terms of Services and any renewal prices.
If more than 30 days pass from the date on which any invoice for the hosting services is issued to you and we have not received payment in full, we will suspend your account, which means that your data, files and website will become in-active and cannot be accessed. If in the following 30 days you pay all amounts due, bringing your account up to date, we will take your account out of suspension and the data will be available again immediately. You must have an active method of payment upon your account for your auto renewal at all times, failure to do so can result in your account being suspended or cancelled automatically.
If, however, 30 days pass from the date on which your account is suspended and you have not made payment in full, Flying Tugboat shall have the right to delete all data you have uploaded to the servers. To summarize, if you get 60 days behind in making payments, your data will be deleted. You hereby acknowledge that this is Flying Tugboat's policy when it comes to data retention, and waive all rights in and to your data in these situations.
Invoices for renewals will be issued and charged up to 7 days in advance to ensure that we receive cleared funds for the continued hosting service and domain renewal.
These Terms of Service May Change
Due to our evolving business, and the changing nature of the web hosting industry, these terms of service may change. We will post the changes here, and they will take effect when posted; your continued use of the service means you accept the changes we have made.
DMCA Copyright Infringement
In accordance with the Digital Millennium Copyright Act, we have adopted a policy to suspend or terminate the accounts of website owners found to be in violation of copyright. We respect the intellectual property of others, and we ask you to do the same. We may, in appropriate circumstances and at our discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent (identified below) the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- A description of the copyrighted work or other intellectual property that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our agent for notice of claims of copyright infringement can be reached as follows:
401 Thames St
Hagerstown, MD 21740
By phone: 240-356-2111
If Flying Tugboat is sued or threatened with a lawsuit from a third party because of something you do with our services you agree to reimburse Flying Tugboat for what it pays to satisfy a judgment or settle a case. You also agree to pay Flying Tugboat Studio‘s reasonable attorney's fees and all other costs Flying Tugboat incurs in defending itself.
Disclaimer of Warranties
FLYING TUGBOAT STUDIOS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLYING TUGBOAT STUDIOS MAKES NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. FLYING TUGBOAT STUDIOS DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to you.
Limitation of Liability
IN NO EVENT SHALL FLYING TUGBOAT STUDIOS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF FLYING TUGBOAT STUDIOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states may not allow such a broad exclusion or limitation on liability for damages as contained in these terms of services. In those states, our liability is limited to the full extent permitted by law. You agree that in no event shall our maximum aggregate liability exceed the total amount paid by you for a 3-month period for the services in dispute purchased from us, or, in the event of liability of Flying Tugboat due to your enrollment in the affiliate program.
Governing Law and Choice of Form
The laws of United States, the State of Maryland will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Baltimore, Maryland.
When These Terms Take Effect
This agreement becomes effective once you submit your order with us or open an account with us for web hosting or design services of any kind. If you are an existing customer, and you do not agree with the terms herein, please cancel your account. Otherwise, if you sign up for or continue to use the services, you agree to what is written here. If you have any questions regarding these terms of service, feel free to call us for clarification.