Hosting Terms and Conditions
General Conditions of Use
Sedona Sky LLC (aka Sedona Sky, SedonaWebsites, BeyondtheNet, FlagstaffWebDesign, Sedona360, Flag360) provides server space for email accounts and hosting. Sedona Sky reserves the right to suspend, restrict or terminate any customers account where the customer is in breach of this agreement.
Use of Web Hosting Accounts
Accounts are to be used only by the purchaser / purchasing company. Account holders must not resell or give away web space or email accounts to other parties, other than the acceptance of advertisements. All web and space and email accounts must remain in total control of the account holder.
Each web hosting account may be used for only one website. Hosting of two or more websites on the one web hosting account is prohibited. Subdomains (where provided) may be used as an extension of the main website or as a site to run alongside the main website. Subdomains may not be used to host additional websites.
Prohibited Use
Sedona Sky prohibits the use of its servers for:
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Illegal material, such as commercial audio, video or music files or any other copyrighted works, for which the account holder does not have the permission of the coyright holder, or any other material in violation of US Law
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Adult material, such as pornography, erotic images or otherwise lewd or obscene content
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Racist, defamatory, obscene, indecent or other unlawful material
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'Warez', such as pirated software, ROMS, emulators, instructions or software for phreaking, hacking, password cracking or IP spoofing etc
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Sites engaging in or promoting pyramid sales, Multi Level Marketing or similar activities
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Engaging in illegal activities
Account holders will not post (nor allow to be posted) web pages containing such material or links to such material, nor shall they store such material in their server space, nor shall they transmit such material by email or any other means.
Sedona Sky reserves the right to determine whether any material or use is prohibited. Sedona Sky reserves the right to remove any such material without warning and suspend or terminate accounts without refund or notice.
Spam (unsolicited email)
Sedona Sky prohibits spam (the sending of unsolicited bulk email). Sedona Sky will terminate any account, without refund, for which the account holder has sent unsolicited bulk emails.
Payment for Web Hosting Accounts
Web hosting accounts are sold on a 6 month or one year prepay basis. The full payment for a full year's service is required at the time of placing your order.
Account renewal reminders will be sent by email about one calendar month in advance of renewal date. Payment must be received prior to renewal date. If a credit card is on file for a previous invoice, we reserve the right to use the credit card for an outstanding invoice.
Failure to pay within these time limits will cause suspension of the account or additional facilities until payment is received.
Upgrading Web Hosting Accounts
At any time, account holders may upgrade their web hosting accounts by purchasing additional web storage space and/or bandwidth. Account holders can choose to have the upgrade take effect immediately or to have it take effect from the renewal date. If from the renewal date, then the renewal invoice will be adjusted to include the upgraded features. If immediate, then the account holder will be invoiced for the upgrades as for a new account, and payment will be due immediately.
Upgrades made part way through the term of the hosting account will be charged at the full rate as if they were ordered as part of the original hosting account. An upgrade made part way through the term of a hosting account will be valid only until the renewal of the hosting account.
Data Transfer (Bandwidth) and System Resources
All web hosting accounts should remain within the agreed data transfer (bandwidth) allowance for the account. Sedona Sky accepts that there are times when sites may unexpectedly exceed data transfer allowance for short period of time. Sedona Sky will not impose any penalty for such breaches of data transfer allowance providing that these breaches are small, are not frequent, and are not sustained. Sedona Sky reserves the right to determine what constitutes small, sustained or frequent breaches of data transfer allowance.
Many domains have to share the various resources (processors, memory, etc) available on the servers. Sedona Sky believes that no single domain should use excessive amounts of resources, as this may jeopardise server performance for the other domains.
In the event that an account is deemed to be using excessive data transfer (bandwidth) or resources, Sedona Sky may suggest action to reduce bandwidth or resource use, or suggest moving the website to its own dedicated server.
Account holders may also be subject to additional costs due to excessive data transfer or resource use. These costs will be agreed between Sedona Sky and the account holder.
Cancellation, Termination and Refunds of Web Hosting Accounts
All web hosting accounts are for a period of 6 months or one calendar year from the date of ordering or renewal. Fees are charged on a pre-pay basis and are non-refundable. No refund will be given where customers terminate or cease to use their account prior to the end of the term of the hosting account.
In the event that Sedona Sky finds an account is in breach of the prohibited uses, then that account may be terminated without notice. No refund for the remainder of the year will be given.
In the event that an account exceeds data transfer or resource allowances and an agreement cannot be reached between Sedona Sky and the account holder, then Sedona Sky may terminate the account. In this case, Sedona Sky may provide a refund for the remaining unused part of the year, subject to an administration fee of $20.
Liability
Sedona Sky will not be responsible for any loss or damage your business may suffer. Sedona Sky make no warranties, expressed or implied, for any services we offer.
Customers shall indemnify and hold harmless Sedona Sky from any and all demands, liabilities, losses, costs, and claims, including all legal fees, asserted against Sedona Sky and it's agents, customers, officers and employees, that may arise from any service provided or performed or agreed to be performed, or for any product sold by Sedona Sky, it's agents, customers, officers or employees.
Sedona Sky will not be responsible for any loss or damage caused by infringement of copyright or proprietary rights, supply of defective goods or services, any loss or damage (personal or business), caused by customers of Sedona Sky.
Changes and Amendments
Sedona Sky reserves the right to amend and/or change these Terms and Conditions without notice.