Terms & Conditions

These terms are the agreement between you and SKYHOSTVPS ("we", "us", "our") for your use of SKYHOSTVPS at skyhostvps.com and every service you buy through it. By creating an account, adding funds or placing an order, you accept them. Please read them together with the policies they refer to.

About these terms

The agreement is made up of these terms and the following policies, each of which forms part of it: the Privacy Policy, the Refund & Cancellation Policy, the Acceptable Use Policy, the Service Level Agreement, the Service Delivery Policy and the Coupon & Offer Policy. Where one of those policies deals specifically with a matter, it governs that matter; these terms govern everything else.

In this agreement:

Services

Everything we provide to you: cloud servers, Premium IPs, Partner VPS, user panels, the console, the tools in it, and support.

Console

The signed-in area of this website where you manage your account, wallet, orders and services.

Wallet

The prepaid balance held in your account, from which orders and renewals are paid.

You

The person, or the business, that holds the account.

Your account

You must be at least 18 years old and able to enter into a binding contract under the Indian Contract Act, 1872. If you accept these terms for a business, you confirm that you are authorised to bind it, and "you" means that business.

• Give us accurate, complete and current information: your name, email address, phone number, postal address, and your tax ID if you want it on your invoices. Keep it up to date.
• Keep your password confidential. You are responsible for everything done through your account and on your services, including by anyone you give access to. Tell us at once if you think someone else has used it. We will never ask you for your password.
• Hold one account, unless we agree otherwise. Opening further accounts to get around a suspension, a limit or the terms of an offer is not allowed.

Directions issued by CERT-In on 28 April 2022 under section 70B of the Information Technology Act, 2000 require providers of virtual private servers to record their customers' validated names, addresses and contact numbers, the purpose for which a service is hired, and the IP addresses allotted to them. We may therefore ask you to verify your identity, address, phone number or the intended use of a service, before or after you buy it, and we may suspend a service while that verification is outstanding. We may refuse to open an account, or close one, that was opened with false details.

Our services

• Cloud servers. Virtual private servers you configure in the console, choosing the zone, operating system, size and term, and which we provision automatically on infrastructure operated by our data-centre and network partners. The resources you get (vCPU, memory, storage, bandwidth and IPv4 address) are those shown when you order.
• Premium IPs and Partner VPS. Dedicated IP proxies, and servers from our partner networks, which our team sets up by hand and delivers as a login in your console.
• User panels. Customers we approve as sellers can give their own customers a login that controls only the servers assigned to it. See Sellers and reselling.
• Tools. Conveniences in the console, such as connection helpers and a proxy test. They are provided as they are, without any promise of results.

Servers are self-managed. You get root or administrator access, and with it the whole job of running the server: installing and updating software, securing it, configuring its firewall and keeping backups. Our support covers your account, billing, the console, the network and the infrastructure under your server. It does not include administering the software on your server, although we may help as a courtesy.

We may add, change or withdraw plans, zones, operating system images and features. If we have to withdraw a service you have already paid for, other than because you broke these terms, we will offer you an equivalent service or credit the unused part of its term to your wallet.

Prices, the wallet and payment

• Prices are in Indian Rupees (INR) and include applicable taxes, unless stated otherwise. Amounts shown in any other currency are approximate conversions for convenience; you are always charged in INR.
• The price that applies to an order is the one confirmed at checkout.
• Services are paid for in advance, from your wallet. You add funds on the Add Funds page, with the payment methods and within the limits shown there, and orders and renewals are paid from the balance. If you choose to pay for an order at a payment gateway instead, the payment is credited to your wallet as a top-up and the order is then paid from it.
• A top-up is credited only once the payment is confirmed: automatically by the gateway, or, for a UPI or bank transfer you make to our account yourself, once we have matched your UTR number and screenshot to the money received.
• Card, UPI and net-banking details are entered with the payment gateway. We never see or store your full card number or banking credentials.
• Pay only from accounts, cards and UPI IDs you are entitled to use. A payment that is reversed, charged back or found to be fraudulent is taken back out of your wallet; if the balance has already been spent, we may suspend the services it paid for until the amount is settled. Submitting a payment screenshot or UTR number that is false or edited is fraud: we will close the account and may report it.
• Your wallet balance is a prepayment for our services. It earns no interest, cannot be moved to another account, and is refunded only as the Refund & Cancellation Policy allows.
• An invoice for every paid order and top-up is available in your console.

Coupons and offers

From time to time we publish coupon codes. Only codes we issue ourselves can be used, each on the order or renewal it is entered on, and they have no cash value. The Coupon & Offer Policy sets out how they work, including what happens to a discount on renewal or refund.

Delivery

Services are delivered online and nothing is shipped. Cloud servers are provisioned automatically, usually within minutes of payment; Premium IPs and Partner VPS are delivered by our team within 24 hours. The Service Delivery Policy explains each step, and what happens when an order cannot be delivered.

Term, renewal and expiry

• Each service runs for the term you chose and paid for. Its expiry date is shown in your console.
• Nothing renews automatically. A cloud server is renewed from its page in the console, paid from your wallet, at its monthly price as shown there when you renew. A coupon discount on the original order does not carry over to renewals. To keep a hand-delivered service (Premium IPs or Partner VPS) beyond its expiry date, contact support before it expires.
• When a service expires without being renewed, it stops. A server is suspended and may be deleted at any time after that, together with everything stored on it, and its IP address returns to the pool and may be given to someone else. Deleted data cannot be recovered. We may remind you before a service expires, but keeping track of the date is your responsibility.

Using the services

You must use the services lawfully and in line with the Acceptable Use Policy. It lists, as the IT Rules, 2021 require us to tell you, the kinds of information that must not be hosted, displayed, uploaded, published, transmitted, stored or shared using our services.

• Security. Keep your servers secure: strong passwords or keys, updated software and a sensible firewall. You are responsible for all traffic and content on your services, whether you put it there or someone else did, including through a server that has been compromised.
• Backups. We do not back up your servers. Keep your own copies of anything you cannot afford to lose.
• Software and licences. Software you install must be properly licensed. Operating system images are provided as they are; where a plan includes a Windows licence, it may be used only on that server. A server bought with Linux can be rebuilt only with Linux images; one bought with Windows can be rebuilt with Windows or Linux. Rebuilding a server erases it.
• IP addresses. An IP address is assigned to you for as long as the service using it is active; it does not become yours and cannot be transferred. We may have to change an address for technical, legal or abuse reasons, and will give notice where we can. If an address is blocklisted because of how it was used on your service, getting it removed is your responsibility.

Sellers and reselling

You may resell services you buy from us as part of your own offering. You remain our customer for every service you resell: we deal only with you, and these terms apply to those services as they do to any other.

If we approve you as a seller, you may create user panels that let your own customers manage the servers you assign to them: power them on and off, open the console, rename them, reset their network and, if you allow it, see or change their root password and rebuild them, which erases everything on the server. As a seller:

• you are responsible for your customers and for everything they do with the services, as if you had done it yourself;
• you must have your own terms and privacy notice with them, with acceptable-use rules no weaker than ours, and handle their support, billing and complaints yourself;
• you must not present yourself as us, or use our name or brand, without our written permission.

Your customers have no contract with us. A user panel stops working if your account is suspended or your seller approval is withdrawn, and we may disable a panel that is misused.

Suspension and termination

We may suspend or terminate a service, or your account, where:

• you break these terms or the Acceptable Use Policy, or fail to deal with an abuse report within the time we give you;
• the law, a court or a government authority requires it;
• a payment is reversed, charged back or fraudulent;
• a service is attacking others, or is under an attack that threatens our network, our partners or other customers;
• information you gave us is false, or verification we asked for is not provided.

Where the problem can be put right and it is safe to wait, we will tell you first and give you a reasonable time to fix it. Where it cannot wait, we will act first and tell you afterwards. A suspension does not stop the term of the service running, and no refund is due for a suspension or termination caused by a breach of this agreement.

You may stop using a service at any time, and you may ask support to close your account. When a service or account ends, the service stops, its data is deleted, and any wallet balance is dealt with under the Refund & Cancellation Policy. Anything in this agreement that by its nature should survive its end, such as payment obligations, limits of liability and the indemnity, survives it.

Support and service levels

Support is provided through tickets in your console, and through the other channels on our Contact page. Tickets are handled in order of urgency.

Our uptime commitment, and the wallet credit you receive when we miss it, are set out in the Service Level Agreement. Those credits are your sole remedy for downtime the SLA covers.

Your content, your data and our role

• You own the content on your services. You give us only the permission we need to store and transmit it for you.
• We do not look at the content of your servers, except when you ask us to as part of support, when we need to investigate abuse, a security incident or a breach of this agreement, or when the law requires it.
• For content that you and your users store or transmit on our services, we act as an intermediary under section 79 of the Information Technology Act, 2000: we do not start the transmission, choose who receives it, or select or change what it contains.
• We disclose information, or give access to it, when the law requires: for example on a lawful order of a court or government authority, or a direction of CERT-In.
• How we collect and use your personal data is described in the Privacy Policy.

Our intellectual property

This website, the console, our brand and our documentation belong to us or our licensors. You may use them only to use the services. Do not copy, resell or reverse-engineer the console, or access it by automated means other than those we provide.

Warranties

We provide the services with reasonable skill and care. Beyond what this agreement expressly promises, and to the extent the law allows, the services are provided "as is" and "as available", and we give no other warranty, including that they will be uninterrupted, error-free or fit for a particular purpose.

Limitation of liability

• Nothing in this agreement limits a liability that the law does not allow to be limited, such as liability for fraud.
• We are not liable for loss of profits, revenue, business, goodwill or data, or for any indirect or consequential loss, however it arises.
• Our total liability for all claims relating to a service is limited to the amount you paid us for that service in the three months before the event that gave rise to the claim.

Indemnity

You will compensate us for any loss, liability, penalty or reasonable cost (including legal fees) arising from a claim by a third party or an authority that results from your content, your use of the services, a breach of this agreement or of the law by you or anyone using your services, or, if you are a seller, from your customers' use of the services.

Events beyond our control

Neither of us is liable for a delay or failure caused by events beyond reasonable control, such as natural disasters, fire, flood, epidemics, war, civil unrest, government action, failures of power or telecommunications, failures of upstream networks, or large-scale attacks. If such an event stops a service for more than 30 days, either of us may end that service, and we will credit the unused part of its term to your wallet.

Changes to this agreement

We may update these terms and our policies, for example when the law, our services or our partners change. The date at the top of each page shows when it last changed. If a change significantly affects a service you have already paid for, we will tell you by email or in the console at least 7 days before it applies, unless the law or security requires it sooner. If you do not accept such a change, you may stop using the service before the change applies and we will credit the unused part of its term to your wallet. Otherwise, continuing to use the services means you accept the updated version.

Governing law and disputes

This agreement is governed by the laws of India. Please raise a complaint with support first, and then with our grievance officer, whose details are on our Contact page; most problems are resolved there. Disputes arising from this agreement are subject to the exclusive jurisdiction of the courts at the place of our registered office in India. If you are a consumer, nothing in this agreement takes away your right to approach a consumer commission under the Consumer Protection Act, 2019.

General

• This agreement is the whole agreement between us about the services, and replaces anything discussed before it.
• If a court finds any part of it unenforceable, the rest continues to apply.
• If we do not enforce a right straight away, we have not given it up.
• We may transfer this agreement to a business that takes over the services, and will tell you if we do. You may not transfer it without our written consent.
• We send notices to the email address on your account and in the console. You can send notices to us through a support ticket or the details on our Contact page. Electronic notices count as notices in writing.
• This agreement is written in English, and the English version applies if it is ever translated.