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Terms of Service

This Web Hosting Agreement ("Agreement") is between SKaero, and the individual (person or legal entity), hereafter refered to as "Customer", who signs SKaero's service order and/or set up forms ("Order") incorporating this Agreement by reference . This Agreement governs Customer's use of SKaero's web hosting service.

1. Services

Subject to the terms of this Agreement, and contingent on Customer's satisfaction of SKaero's credit approval requirements, SKaero agrees to provide the web hosting services described in the Order for the fees stated in the Order.

2. Term

The initial service term of the Agreement shall begin on the date that SKaero generates an e-mail message to the Customer announcing the activation of the Customer's account (the "Service Commencement Date") and shall continue for the number of months stated in the Order (the "Initial Term"). Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of the same length as the Initial Term (each a "Renewal Term") unless SKaero or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term."

3. Payments

  • 1. Fees

    Fees are payable in advance of the first day of each billing cycle. Customer's billing cycle shall be monthly or annually as indicated on the Order, and are based on the Service Commencement Date. (For example, an account that is paid for and activated on the 10th of the month will have a billing due date on the 10th of each month). SKaero requires payment for the first billing cycle before beginning service. Any money paid in advance is non-refundable.

    Payments must be made in United States dollars. Customer is responsible for providing SKaero with changes to billing information (such as change in billing address). SKaero may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. SKaero may suspend the service without notice if payment for the service is overdue. Fees not disputed within thirty (30) days of due date are conclusively deemed accurate. Customer agrees to pay SKaero's reasonable reinstatement fee following a suspension of service for non-payment, and to pay SKaero's reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

  • 2. Fee Increases

    SKaero may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty-five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

  • 3. Taxes

    At SKaero's request Customer shall remit to SKaero all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on SKaero).

  • 4. Early Termination

    Customer acknowledges that the amount of the fee for the service is based on Customer's agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event SKaero terminates the Agreement for Customer's breach of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for SKaero's breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.

4. Law/AUP

Customer agrees to use the service in compliance with applicable law and SKaero's Acceptable Use Policy(AUP) posted at http://skaero.com/aup.html, which is hereby incorporated by reference in this Agreement. Customer agrees that SKaero may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer's use of the Services. Amendments to the AUP are effective on the earlier of SKaero's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. Customer agrees to cooperate with SKaero's reasonable investigation of any suspected violation of the AUP. In the event of a dispute between SKaero and Customer regarding the interpretation of the AUP, SKaero's commercially reasonable interpretation of the AUP shall govern.

5. Customer Information

Customer represents and warrants to SKaero that the information he, she or it has provided and will provide to SKaero for purposes of establishing and maintaining the service is accurate and kept current. If Customer is an individual, Customer represents and warrants to SKaero that he or she is at least 18 years of age. SKaero may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer's account until Customer has provided a written notice changing the Primary Customer Contract.

6. Indemnification

Customer agrees to indemnify and hold harmless SKaero, SKaero's affiliates, and each of their respective officers, directors, 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 actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's logon information, regardless of whether such person has been authorized to use the services by Customer.

7. Disclaimer of Warranties

SKaero does not warrant or represent that the services will be uninterrupted, error-free, or completely secure. To the extent permitted by applicable law SKaero disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. To the extent permitted by applicable law, all services are provided on an "as is" basis.

8. Limitation of Damages

SKaero shall not be liable to the Customer for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the Customer has been advised or should be aware of the possibiliy of such damages.

Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of SKaero and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.

9. Suspension/Termination

  • (a) Suspension of Service

    Customer agrees that SKaero may suspend services to Customer without notice and without liability if: (i) SKaero reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) SKaero reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay SKaero's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

  • (b) Termination

    The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if SKaero fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by SKaero prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon ten (10) days notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from SKaero describing the violation in reasonable detail; (iii) upon one (1) days notice if Customer's Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

10. Cancellations

Customers may cancel their hosting services at any time by logging into our Customer Billing Area and submitting a cancellation ticket for your hosting plan. SKaero reserves the right to cancel the customer's hosting account for any reason deemed as just in accordance with, but not limited to, this Terms of Service Agreement and the Acceptable Use Policy.

11. Requests for Customer Information

Customer agrees that SKaero may, without notice to Customer,
(i) report to the appropriate authorities any conduct by Customer or any of the Customer's customers or end users that SKaero believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

12. Back Up Copy

Customer agrees to maintain a current copy of all content hosted by SKaero nothwithstanding any agreement by SKaero to provide backup services.

13. Changes to SKaero's Network

Upgrades and other changes in SKaero's network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. SKaero reserves the right to change its network in its commercially reasonable discretion, and SKaero shall not be liable for any resulting harm to Customer.

14. Notices

Notices to SKaero under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on our Online Community. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.

15. Force Majeure

SKaero shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond SKaero's control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

16. Uptime Guarantee

If SKaero should fail to provide 99% uptime for any given calendar month, you may request credit for the duration of excessive downtime. SKaero will not be responsible for downtime caused by events beyond its control as stated in the Force Majeure or scheduled downtime or planned maintenance or interruption of service due to unpaid invoices, abuse notifications or violations of TOS. In order to claim a service credit a request must be made in a ticket to the billing department within seven (7) days after the last day of the billing cycle in which the downtime occurred. The credit is only available for clients in good standing with no outstanding invoices. If your claim is approved, a credit in the form of additional day(s) will be added to your account within fourteen (14) days.

17. Governing Law/Disputes

The Agreement shall be governed by the laws of the State of New Mexico, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of or relating to the agreement shall be the state and federal courts in Bernalillo County, New Mexico, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.

18. Right to Refusal of Service

SKaero may refuse to accept any customer or any website for participation in the SKaero Hosting Network as determined by SKaero at its sole discretion.

19. Changes to the Terms of Service

SKaero may change the Terms of Service, Acceptable Use Policy or the Privacy Policy at any time without notification. It is the customer's responsibility to check these documents regularly for changes.

20. Miscellaneous

SKaero will not take responsibility for any losses obtained by using our service. SKaero doesn't take responsibility for content posted on sites affiliated with our site in any way.

This Terms of Service Agreement together with the Order and Acceptable Use Policy constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.