Sparkhosting

Terms of Service / Acceptable Use Policy

Sparkhosting Web Hosting Services is responsible for providing quality web hosting to all of its clients. To insure each customer is equally protected, the following policies, guidelines and disclaimers apply to all doings business with Sparkhosting Web Hosting Services. By filling out an order form you automatically agree to any of the following policies, guidelines and disclaimers. Failure to follow and abide the following may result in suspension and eventual termination of the account.

Use of Sparkhosting Web Hosting Services constitutes acceptance and agreement to Sparkhosting’s AUP as well as Sparkhosting's TOS (Terms of Service). All users of Sparkhosting’s Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service).

We reserve the rights to change/update/modify details of the Privacy Policy at our discretion and without notice. Details of the TOS refer to current and prior customers. Please check back periodically for any critical changes. >From herewith in this TOS, AUP, and SLA, the usage of “us”, “we”, “our”, “ours” shall constitute reference to Sparkhosting Web Hosting Services, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Sparkhosting Web Hosting Services.

We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Sparkhosting may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Sparkhosting account or other actions as detailed below without notice, based upon the nature of the violation.

This document is intended to provide a basic understand of Sparkhosting's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Sparkhosting's AUP. If a Sparkhosting account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service.

Sparkhosting Web Hosting Services reserves the right to refuse, suspend or terminate services at our discretion.

• Illegal Activities: Sparkhosting's services may not be used for illegal purposes, or in support of illegal activities. Sparkhosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.
• Harm or Endangerment to other people: You may not use Sparkhosting’s service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography, or use Sparkhosting’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
• Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying infrmation is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.
• Adult Material: Sparkhosting Web Hosting Services is not an adult material host. All pornography, uploading or linking suggestive, explicit or obscene material is prohibited. Any account found to be in violation will be immediately terminated.
• Unsolicited E-mail, News Bombing (SPAM): Use of the Sparkhosting service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Sparkhosting account. Anyone hosting websites or services on their account that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our network. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the account to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Sparkhosting account.
• Copyright or trademark infringement: Use of the Sparkhosting service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the Sparkhosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.
• Network disruptions: Use of the Sparkhosting service for any activity which affects the ability of other people or systems to use Sparkhosting Services or the Internet. This includes "Denial Of Service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. Sparkhosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Sparkhosting, does not allow the hosting of IRC, IRC Bots, or eggdrops or IRC Related scripts/programs on our network. Accounts found hosting this material will be subject to immediate cancellation without refund. Use of the Sparkhosting service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Sparkhosting's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Sparkhosting account is subject to immediate termination.
• Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Server abuse of any kind or form will not be tolerated. Malicious activities that may cause harm to the physical property of Sparkhosting Web Hosting Services or its customers is strictly prohibited.
• Network Security: Sparkhosting accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Sparkhosting Web Hosting Services does not offer its services as testing platforms for any scripts, programming purposes or other. All scripts must be uploaded for the purpose of usage, and are to be executed in minimal time required. Setting unnecessary permissions to 777 or incorrectly configuring scipts is prohibited. No script, whether it be PHP, CGI or other is to use more than %2 of server resources. Including memory and CPU usage. Customers will be warned if scripts reach up or close to %1 of resource usage. Accounts may be subject to suspension for insecure, illegal or other harmful usage of scripts. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.

BANDWIDTH USAGEAll hosting packages offered by Sparkhosting Web Hosting Services come with predetermined bandwidth usage. By placing an order form customers agree to the traffic amount allowed. Using more than the allocated bandwidth offered with the purchased package will result in the customer being billed for $5.00 for each gig of traffic exceeded.

ACCOUNT CANCELLATION & REFUNDAccount deactivations/suspensions will occur as a result of non payment. Customers paying by credit card, Paypal, money order, personal check or cash are responsible for making sure the payments have been made each billing cycle. A late fee of $35.00 will be requested in order to activate/unsuspend the delinquent account.

Payments are scheduled monthly, semi-anually, anually or other time schedule as agreed with Sparkhosting Web Hosting Services. Non payments are not to exceed 30 days from the payment due date. Failure to make a payment in 15 days or more will result in a suspension. Failure to make a payment in 30 days will result in definite termination of the account.

Cancellation of services will only be accepted through the HelpDesk. Customers are responsible for informing Sparkhosting Web Hosting Services of any problems experienced with the accounts. Cancellations will require validation. Accounts cancelled will be terminated within 48 hours of finalizing the cancellation. Thirty day money back guarantees will be issued only in the thirty day or less timeframe, starting from the account activation date.

Refunds requested by monthly customers will be issued only if the refund is requested before the billing period starts. Accounts purchased semi-annually, annually or any other payment schedule will receive refunds for the months not used. In any event customer requests a refund after the billing cycle has already begun, refunds for that month will not be valid.

Sparkhosting Web Hosting Services will not be liable for lost revenue, traffic, data or other caused by server downtime, human error or any disaster that may occur. By filling out an order form you automatically agree to not hold Sparkhosting Web Hosting Services responsible for any damage caused to your account, whether it be incidental or otherwise. Sparkhosting Web Hosting Services will not be held liable for equipment, software, programming and other damages. Physical well beings are responsibility of the datacenters providing the servers. Theft, fires, floods or any other disasters will not hold Sparkhosting Web Hosting Services liable for any damages.

Furthermore disputes over all above mentioned policies, guidelines and disclaimers should be handled by Sparkhosting Web Hosting Services and the disputing customer. Concerns, questions and comments over the Sparkhosting Web Hosting Services Terms of Servers and Account Usage Policies should be directed to our Support Desk.