TERMS OF SERVICE

Skymarket provides World Wide Web page hosting. Skymarket reserves the right to suspend or cancel a customer's access to any or all services provided by Skymarket when Skymarket decides that the account has breached the Terms of Service.

SERVER USE

Skymarket reserves the right to refuse service and /or access to its servers to anyone. Skymarket do not allow any of the following content to be stored on its servers: Illegal Material - This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Local, National or European law. Adult Material - Includes some pornography, erotic images, or otherwise lewd or obscene content. Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.

BANDWIDTH AND SERVER USAGE POLICY

In rare cases Skymarket may find a customer to be using server resources to such an extent that he or she may jeopardize server performance and resources for other customers. In such instances, Skymarket reserves the right to impose the High Resource User Policy for the consideration of all customers.

Bandwidth allowance is 2Gb per domain per month unless otherwise indicated and overages are charged at £20 per Gb per month. Amendments to bandwidth quotas need to be agreed prior to the 15th of the month to qualify that month for the increased allowance.

HIGH RESOURCE USER POLICY

Resources are defined as bandwidth and/or processor utilization. Skymarket may implement the following policy to its sole discretion: When a website is found to be monopolising the resources available Skymarket reserves the right to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. Customers may be offered an option whereby Skymarket continues hosting the website for an additional fee.

PAYMENT POLICIES

All accounts are set up on a prepay basis. Although Skymarket reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given. In situations where the card number on file is declined Skymarket will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Skymarket reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request. No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer's card will be charged automatically.

PAYMENT OPTIONS

In order to streamline our accounting procedures and keep costs down Skymarket runs a limited number of payment options. Credit / Debit Cards: Skymarket accepts Mastercard, Visa (not Visa electron), Switch and SoloCheque Payment: This option is only available in some cases on request of a Skymarket account. A credit / debit card number will still be required if customers require the facility to purchase domains and other services on-line. Skymarket cannot guarantee that a service will be provided until after any received cheques have been cleared.

CANCELLATION AND REFUNDS

Skymarket reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Skymarket's Terms of Service a refund will not be issued in the event of a cancellation. If not entirely happy with the service provided by Skymarket customers may cancel their order within 14 days from order date without reason. Any payment made will be returned within 30 days of cancellation. Customers may cancel their account at any time. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services that were offered as start-up incentives in the result of a cancellation. Fees charged on a prepay basis are non-refundable. Customers are not entitled to receive a refund unless Skymarket cancels the service or in circumstances where Skymarket is in breach a refund may be due.

INDEMNIFICATION

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

DISCLAIMER

Skymarket reserves the right to revise its policies at any time. In conjunction with The Supply of Goods and Services Act 1982 Skymarket will carry out its work with reasonable care and skill. If the service were not carried with the requisite level of care and skill, the customer would be entitled to seek reimbursement for damages suffered as a result of this.

STATUTORY RIGHTS

This does not affect your statutory rights as a consumer.

WEBSITE

The Terms and Conditions ("the Terms") laid out herein govern your use of this website (the "Website"). Please read through the Terms and if you find you do not agree with the Terms, do not use this Website. If you use the Website, you agree to be bound by these Terms as amended and updated at our discretion.

Copyright

Unless otherwise specified the copyright of the contents of all pages of this Website are owned or licensed to Skymarket Ltd.

Unless otherwise specified, the authors of the content in the pages of this Website have asserted their moral right pursuant to Section 77 of the Copyright Designs and Patents Act 1988 to be identified as the author of those works.

The words "Skymarket" however represented or stylised and all associated logos and symbols and combinations thereof used on this Website are the trademarks (the "Trademarks") of Skymarket Ltd, hereafter referred to as Skymarket. You shall only make fair use of the Trade Marks and will not use the Trade Marks, whether design or word marks: (1) as or as part of your own trade marks; (2) in a manner which is likely to cause confusion; (3) to identify products to which they do not relate; (4) to imply endorsement or otherwise of products or services to which they do not relate; (5) in any manner which does or may cause damage to the reputation of Skymarket or the Trade Marks.

Conditions of Use of this Website

Except as stated below, the contents of this Website may not be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior express written permission of Skymarket.

You may not distribute, display or copy any of the contents of the pages contained in this Website to third parties.

As a condition of your use of this Web site, you warrant to Skymarket that you will not use this Web site for any purpose that is unlawful or prohibited by these terms and conditions. You may only establish a link to the Website from your site with Skymarket's prior written consent.

Exclusion of Skymarket's liability

The information contained in the material in this Website is only for information purposes. The material on this Website does not constitute advice and you should not rely on any material in this Website to make (or refrain from making) any decision or take (or refrain from taking) any action.

Skymarket does not make any warranty or representation as to the accuracy or fitness for purpose of any material on this Website or the reliability of the access to this Website.

Skymarket makes no representations about the suitability, reliability, timeliness, and accuracy of the information, products, services and graphics contained on this web site for any purpose. All such information and related graphics are provided "as is" without warranty of any kind. Skymarket hereby disclaims all warranties and conditions with regard to this information, products, services and graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Skymarket be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of this web site, with the delay or inability to use this web site, the provision of or failure to provide any information, products, services and graphics obtained through this web site, or otherwise arising out of the use of this web site, whether based on contract, tort, strict liability or otherwise, even if Skymarket or any of its suppliers has been advised of the possibility of damages. if you are dissatisfied with any portion of this web site, or with any of these terms and conditions, your sole and exclusive remedy is to discontinue using this web site.

The pages contained in this Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated occasionally and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or any liability for any failure to do so.

Third Party Data

This Website may contain material submitted and created by third parties. Skymarket excludes all liability for any illegality arising from or error, omission or inaccuracy in such material.

This Website also may contain links to other websites that are not under the control of and are not maintained by Skymarket. Skymarket is not responsible for the content of those sites. Skymarket provides these links for your convenience but does not necessarily endorse the material on these sites.

Access Restriction

Skymarket reserves the right to deny at its sole discretion any user access to this Web site or any portion thereof without notice.

Law governing the Terms

Use of this Website and these Terms shall be subject only to the laws of England and Wales which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use.

Jurisdiction

The Courts of England and Wales shall have exclusive jurisdiction over all claims or disputes arising in relation to, out of or in connection with this Website and its use and these Terms.

Service Contact

Contact sales@skymarket.co.uk with any questions or problems relating to this Website.

BANDWIDTH

this has moved to main bandwidth area above

COPYRIGHTS

All Skymarket design or programming work undertaken by Skymarket remains the property of Skymarket Ltd until such time that full and final settlement is received and the customer indicates satisfaction with the work completed.

LEGALITIES

If a complaint is received or any legal authority makes notification to us then we reserve the right to suspend service provision without notice until such time that a resolution is reached. Under these circumstances no refunds will be offered or considered.

CONTRACTS

All contracts are for 12 months unless otherwise indicated. After this period contracts roll over on a month-to-month basis and can be cancelled with one month's notice, unless otherwise agreed between the parties.

COMPLAINTS

Any complaint regarding Skymarket conduct must first be received in writing to our postal address.

NETWORK

For the terms of our network stability see our SLA

EMAIL

Skymarket makes no guarantees that emails can be delivered within certain time frames or that viruses will not be attached. Events outside the control of Skymarket will be considered to have occurred if we say they did and we cannot be held liable for any loss of business or reputation.

WEBSITES

See SLA