Terms & Conditions

The following terms & conditions apply to services offered by ecoSky. Please review these terms & conditions prior to obtaining service and perpetually during use of service.

Acceptable Use

ecoSky's Acceptable Use Policy is designed to protect ecoSky, ecoSky's customers and other parties. This policy outlines activity that is prohibited by ecoSky. ecoSky reserves the right to modify this policy at any time upon posting to this web site.

  1. The use of ecoSky's services to commit crime is prohibited.
  2. The transmission, distribution or storage of any material in violation of any applicable law is prohibited.
  3. The transmission of unsolicited email ("SPAM") and/or the forging of mail header data ("spoofing") is prohibited.
  4. Unauthorized attempts by a user to gain access to any system or account not belonging to that user is prohibited.
  5. Activities that will cause denial-of-service ("DoS") on any system is prohibited.
  6. Any activity that interferes with the operation of ecoSky's services is prohibited.

By using ecoSky's services you agree to be bound by the terms of this Acceptable Use Policy. Any violation of this Acceptable Use Policy merits the immediate termination of services provided by ecoSky to the offending party.

Payment Terms

As a User of ecoSky’s products or services, you authorize ecoSky to bill your credit card on each successive billing date (providing you used a credit or debit card). You are expected to notify ecoSky of any changes in your credit card information, including your billing address, billing phone number, credit card number, name on account or expiration date. If your card is not honored for any reason, or if alternative billing has not been established, the account will be suspended until new payment arrangements have been made. New payment arrangements must be made within 14 days of your billing due date.

If you are paying for ecoSky services by check, you are expected to pay by due date shown on invoice. Invalid or returned checks are subject to a collection fee of $25 plus the initial amount of the check. If payment is not made by billing due date, the User’s account will be suspended or terminated (in the event of fraud or repetitive billing problems).

ecoSky will not be held responsible for bank fees, overdraft/ interest/ finance or other charges incurred by User for exceeding available bank account balances, exceeding credit card limits, or any other such reasons.

All accounts that remain unpaid beyond due date may incur interest fees.

Termination of Service

ecoSky maintains the right to terminate service under the following circumstances: (a) account balances which are past due; (b) those who violate the Acceptable Use Policy or (c) breach any part of the User Agreement . ecoSky will not be held responsible for the loss of data in such an event.

A User whose account is terminated will not be relieved of any outstanding invoices.

Pricing Terms

ecoSky reserves the right to change prices for internet products and service without giving prior notice to its Users or to the public. These price changes may go into effect at any time, and are not retroactive for existing Users.

Refund Policy

ecoSky's Refund Policy is designed to establish our commitment to providing valued services to our customers. Recognizing that every customer has individual needs and expectations, we provide this Refund Policy in order to clarify the contractual agreement that is made between us and our customers. ecoSky reserves the right to modify this policy at any time upon posting to this web site.

If you are dissatisfied with any services that you have acquired from ecoSky, you should make every effort to notify ecoSky of your situation and allow us appropriate time to mitigate the situation. You may do that by contacting us. It is expected that you keep our contact information available off-line in order to contact us.

It is important that you make every effort to resolve any issues by contacting our support department before requesting a refund.

Due to the nature of the internet, network outages are not an uncommon phenomenon. However, we guarantee our service to have a 99% uptime. This means that in any given calendar year, if our service is not up 99% of the time, we will credit your account for any time that is down. We do not offer refunds for network outages.

Any activity on a subscriber account in the nature of credits or refunds must be requested in writing, so that we may have a record of said request. ecoSky will not voluntarily provide credits or refunds without a written request by the person to whom an account belongs to.

Web Hosting

Subscribers to ecoSky's Hosting services including Web Hosting and Dedicated Hosting have 30 days to measure the quality of service. If there is an issue that affects your ability to make use of the service you must notify ecoSky support staff either by email, through the online help desk application or by phone and have a perceived willingness to cooperate with ecoSky in mitigating the issue to be considered for any refund. If we are unable to resolve the issue and it is the first 30 days of a particular service, we will gladly refund the portion of your payment that applies to the first 30 days of service. Any set-up fees obtained to establish service are considered necessary to the activity of establishing service and not to the service itsself. Therefore, we do not provide refunds on any such fees. ecoSky's hosting service is warranted for 90-days from the establishment of service. If during that time we are unable to mitigate any issues that are determined to be due to inadequate service by ecoSky, we will credit your account for the period of time of inadequate service for not more than 30 days worth of service.

Domain name registration services are non-refundable services due to the nature of the product. If you are registering a domain name, it is your responsibility to review the registration process before commiting to service.

If for any reason, you commit a chargeback request with the issuing financial institution of your credit card without first contacting ecoSky and allowing ecoSky applicable time to mitigate the situation, we will dispute said chargeback with the evidence provided by this refund policy.

It is our hope that you understand that we are committed to providing services with quality that will reflect positively on our reputation as a business. We also hope that you recognize that we are a business made up of people who are here to help and serve you. Although we cannot guarantee your complete satisfaction with our services, we will make every effort available to us to win your support.

Cancelling Service

In order to cancel a subscription, you must contact us by phone and you will receive a cancellation confirmation number (CCN).

Warranties

THE SERVICES FURNISHED BY ECOSKY ARE PROVIDED AS IS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS; INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability to Customer

By using ecoSky's services, customer agrees upon:

  • In no event shall ecoSky be liable to Customer for lost profits of Customer or special, incidental or consequential damages (even if Customer has been
    advised of the possibility of such damages).
  • ecoSky's total liability for damages, costs and
    expenses, regardless of cause, shall not exceed the total amount of fees paid to ecoSky by the Customer.
  • Customer shall indemnify ecoSky against all claims, liabilities and costs, including reasonable attorney fees, of defending any third party claim or
    suit.