1. Acceptance of Terms

By accessing, purchasing, subscribing to, or using any service provided by ADS Studio Productions Inc. operating as Skystream Hosting (“Skystream”), the Client agrees to be bound by these Terms of Service. These Terms apply to all services unless superseded by a separate written agreement, Statement of Work, Subscription Agreement, or Master Services Agreement. Continued use of the Services constitutes acceptance of any updated Terms.

2. Definitions

“Client” means the person or entity purchasing Services. “Services” includes hosting, email, cloud, website development, website subscriptions, managed IT, consulting, cybersecurity assistance, backup services, Microsoft 365 administration, Google Workspace administration, and related support. “Data” means all files, content, email, databases, media, and information stored, processed, or transmitted through the Services.

3. Services

Skystream may modify, improve, replace, suspend, or discontinue Services at any time. Certain Services may depend upon third-party infrastructure. Skystream reserves the right to establish usage limits, technical requirements, support policies, and service specifications. Nothing in these Terms guarantees the availability of any specific feature or platform indefinitely.

4. Website Subscription Services

Subscription websites are licensed, not sold. Unless otherwise agreed in writing, proprietary website frameworks, templates, modules, integrations, automation systems, workflows, source code libraries, and platform components remain the property of Skystream. Clients receive a limited right to use such assets while subscription fees remain current. Migration requests, website exports, transfers, and buyout requests may be subject to additional fees and separate written agreements.

5. Domain Registration & DNS Services

Where Skystream registers or manages a domain name on behalf of a Client, the Client authorizes automatic renewal at the then-current annual registration fee unless cancelled in writing prior to renewal. Clients remain responsible for maintaining accurate registrant and billing information. Skystream is not liable for domain expiration, registrar actions, transfer delays, redemption fees, registry actions, DNS propagation delays, failed payments, or losses resulting from domain-related interruptions.

6. Fees, Billing & Professional Services

Recurring services are billed in advance. Professional services, consulting, troubleshooting, migrations, email recovery, cybersecurity investigations, custom development, DNS changes, and support outside the standard scope of service are billed at Skystream's standard rate, currently $250 CAD per hour unless otherwise quoted. Fees are non-refundable except where required by law or expressly agreed in writing.

7. Late Payments, Collections & Chargebacks

Overdue balances shall accrue interest at 2.0% per month (24% annually) or the maximum rate permitted by law. Clients agree to reimburse Skystream for collection costs, legal fees, court costs, agency fees, administrative expenses, and disbursements incurred collecting overdue accounts. Chargebacks relating to validly delivered Services may result in immediate suspension and recovery of associated costs.

8. Support & Service Levels

Unless a separate SLA exists, Services are provided on a commercially reasonable efforts basis. Skystream does not guarantee uptime percentages, response times, restoration times, recovery objectives, or uninterrupted availability. Emergency support and after-hours support may be billed separately.

9. Email Services

Email delivery is not guaranteed. Messages may be delayed, filtered, quarantined, rejected, blocked, or lost due to third-party systems, blacklists, spam filtering technologies, DNS issues, internet conditions, recipient policies, or circumstances outside Skystream's control. Clients acknowledge that no email platform can guarantee delivery of every message.

10. Backup & Recovery

Backups are maintained for disaster recovery purposes only and are not intended to serve as archives, compliance repositories, or records-retention systems. Recovery is provided on a best-effort basis only and is not guaranteed. Recovery requests are billable at the current professional services rate. Skystream makes no guarantees regarding backup retention periods, recovery point objectives (RPO), recovery time objectives (RTO), or successful restoration of deleted or lost information.

11. Microsoft 365, Google Workspace & Third-Party Platforms

Skystream may act as a reseller, consultant, administrator, or implementation partner for Microsoft 365, Google Workspace, AWS, domain registrars, payment processors, and other third-party services. Skystream does not own or control these platforms and shall not be liable for outages, policy changes, security incidents, pricing changes, feature changes, service discontinuations, or other acts or omissions of third-party providers.

12. Security & Cybersecurity

Clients are responsible for password security, user access management, multi-factor authentication, endpoint protection, employee awareness training, and internal security policies. Skystream shall not be liable for phishing attacks, ransomware, malware, business email compromise, credential theft, fraudulent transfers, social engineering attacks, or unauthorized access except to the extent caused directly by Skystream's gross negligence or willful misconduct.

13. Client Responsibilities

Clients are responsible for maintaining independent backups of critical business information, complying with applicable laws, obtaining required permissions and consents, maintaining accurate account information, and ensuring that content hosted or transmitted through the Services is lawful.

14. Acceptable Use Policy

Clients may not use the Services for spam, phishing, malware, illegal content, copyright infringement, harassment, fraud, denial-of-service activity, unauthorized access, or activities that interfere with the operation of the Services. Skystream reserves the right to suspend or terminate Services that violate this policy.

15. Intellectual Property

Clients retain ownership of content they provide. Skystream retains ownership of its systems, software, templates, methodologies, branding, workflows, documentation, and proprietary assets. Nothing in these Terms transfers ownership of Skystream intellectual property unless expressly agreed in writing.

16. AI-Assisted Services

Skystream may utilize artificial intelligence tools in connection with content creation, coding, graphics, documentation, research, analysis, and other deliverables. Clients remain responsible for reviewing and approving all deliverables before use. Skystream does not warrant that AI-assisted outputs are error-free, unique, or suitable for a specific purpose.

17. Privacy & Data Protection

Skystream will handle personal information in accordance with applicable Canadian privacy legislation and published privacy policies. Clients remain responsible for compliance with privacy obligations applicable to their own organizations, industries, and jurisdictions.

18. Suspension & Termination

Skystream may suspend or terminate Services for non-payment, abuse, legal compliance requirements, security concerns, excessive resource consumption, or breach of these Terms. Upon termination, access to Services may cease immediately and Data may be deleted. Clients are responsible for securing copies of their Data prior to termination.

19. Disclaimer of Warranties

All Services are provided 'as is' and 'as available'. Skystream disclaims all express and implied warranties, including warranties of merchantability, fitness for a particular purpose, uninterrupted operation, non-infringement, and compatibility with third-party products or services.

20. Limitation of Liability

To the fullest extent permitted by law, Skystream shall not be liable for indirect, incidental, consequential, special, exemplary, punitive, reputational, lost-profit, lost-revenue, business interruption, or data-loss damages. Aggregate liability shall not exceed the greater of $500 CAD or the fees paid by the Client during the six months immediately preceding the claim.

21. Indemnification

Clients agree to indemnify, defend, and hold harmless Skystream and its directors, officers, employees, contractors, affiliates, and agents from and against claims, damages, liabilities, losses, costs, and expenses arising from the Client's content, conduct, use of the Services, breach of these Terms, or violation of applicable law.

22. Force Majeure

Skystream shall not be liable for delays, interruptions, or failures caused by events beyond its reasonable control including natural disasters, utility failures, internet outages, cyberattacks, labor disputes, pandemics, government actions, cloud outages, registrar failures, or telecommunications disruptions.

23. Notices

Notices may be delivered electronically to the email address on file. Clients are responsible for maintaining accurate contact information and monitoring communications relating to their Services.

24. Dispute Resolution, Arbitration & Courts

The parties shall first attempt to resolve disputes through good-faith negotiations. Unresolved disputes shall be submitted to binding arbitration in Hamilton, Ontario. Notwithstanding the foregoing, either party may seek relief through Ontario courts for collection matters, enforcement of arbitration awards, intellectual property matters, or injunctive relief.

25. Governing Law

These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein.

26. Severability, Assignment & Entire Agreement

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in effect. Clients may not assign their rights without written consent. These Terms constitute the entire agreement between the parties unless supplemented by a separate written agreement.

CONTACT US

If you have any questions about these Terms and Conditions, You can contact us:

By email: [email protected]
By contact form: https://skystreamhosting.com/contact

By phone: 905.963.8651