Software as a Service (SaaS) & Web Hosting
This Services Agreement (the “Agreement”) contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by “sparkdriven.com” (the “Services”). As used in this Agreement, “sparkdriven.com” means “sparkdriven.com” and “Client”, “you”, or “your” means you. By clicking on the “Submit Order” button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the site. As referred to in this Agreement, “Site” refers to a World Wide Web site and “sparkdriven.com” refers to the Site located at the URL http://www.sparkdriven.com , or any other successor Sites owned or maintained by sparkdriven.com.
1. APPROPRIATE USE OF THE SERVICES.
sparkdriven.com provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client – or through Client by a third party – to any sparkdriven.com server in connection with Client’s use of the Services which:
• violate any state, federal or foreign laws or regulations;
• infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of sparkdriven.com or any third party;
• are defamatory, slanderous or trade libelous;
• are threatening or harassing;
• are discriminatory based on gender, race, age or promotes hate
• violate any sparkdriven.com policy posted on the sparkdriven.com site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and CGI Abuse Policy contain viruses or other computer programming defects • which result in damage to sparkdriven.com or any third party.
Client may occupy only the amount of disk space on the sparkdriven.com Server and utilize no more than the network bandwidth that is allotted by sparkdriven.com. Additional fees, specified in the Hosting plans page, will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan.
Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at sparkdriven.com, or otherwise, that mentions or reference any domain hosted on sparkdriven.com servers or parked on sparkdriven.com DNS servers. (Refer to our UCE (SPAM) Policy).
Licensed Software Only.
Client agrees to use only properly licensed third party software in connection with Client’s use of the Services.
Client will have the ability to reinstate files which are automatically archived by sparkdriven.com; however, sparkdriven.com does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client’s Control Panel.
sparkdriven.com reserves the right to refuse service to anyone. sparkdriven.com, in its sole discretion, may immediately terminate this Agreement if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact “abuse |–| sparkdriven.com”
2. PAYMENT OBLIGATIONS
Service Fees. By the Tenth (1st) of each month, sparkdriven.com shall either (i) debit Client’s credit card (where such information is provided by Client) or (ii) deliver by e-mail or regular mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to sparkdriven.com by no later than the specified payment due date. sparkdriven.com shall be entitled to immediately terminate this Agreement for Client’s failure to make timely payments to sparkdriven.com. Certain services carry a set-up fee charged by sparkdriven.com to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to sparkdriven.com and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. If Client has retained the Services for one (1) year and has pre-paid sparkdriven.com for such Services, refunds will be issued for any unused full month portions of the Services upon Clients request. Therefore, if Client’s account is cancelled at any point during the one (1) year term, Client will be entitled to a refund for the months remaining after notice given by the 25th of the preceding month.
Domain Names. If Client chooses to register a domain name(s) through sparkdriven.com, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. sparkdriven.com does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.
3. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall sparkdriven.com be liable to any third party for Client’s breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless sparkdriven.com from any and all expenses, losses, liabilities, damages or third party claims resulting from Client’s breach or alleged breach of any Client obligations set forth hereunder.
4. TERM, TERMINATION & REINSTATEMENT
Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the “Term”) unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, Client must follow instructions for cancellation provided on the Server Cancellation Information page. The essence of this page states that Client must contact the sparkdriven.com to receive a cancellation number, which Client shall retain as proof of termination, and all cancellation requests must be received by the Twenty-Fifth (25th) of the respective month of cancellation. Any other attempt by Client to cancel this Agreement by written or e-mail notice shall be void. Sections 3 – 8 shall survive termination or expiration of this Agreement.
If Client terminates its account, Client shall be allowed to re-instate Client’s use of the Services within Seven (7) business days of cancellation. Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client’s account. Once payment has been received, Client’s account will be activated within Forty-Eight (48) business hours. sparkdriven.com will maintain an archival copy of Client’s Web site for Seven (7) days after sparkdriven.com receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.
Client will pay and indemnify and hold sparkdriven.com harmless from any and all taxes associated with or arising from Client’s use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
6. DISCLAIMER OF WARRANTY
THE SERVICES, THE sparkdriven.com SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE sparkdriven.com SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN ‘AS IS’ BASIS AND WITHOUT WARRANTY OF ANY KIND. sparkdriven.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, sparkdriven.com SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
7. LIMITATION OF LIABILITY
IN NO EVENT SHALL sparkdriven.com BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE sparkdriven.com SITE OR ANY sparkdriven.com PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL sparkdriven.com’s CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN TWO HUNDRED DOLLARS ($200 US).
You agree that SPARK (and its affiliates, agents, and contractors) may monitor and record any calls between you and us. If we need to contact you regarding your request for service, you authorize us (and our affliates, agents, and contractors) to contact you at any number (i) you have provided to us (ii) from which you called us, or (iii) which we obtained and believe we can reach you at. We may contact you in any way, such as calling, texting, or e-mail. We may contact you on a mobile, wireless, or similar device, even if you are charged for it by your provider. You expressly consent and agree that SPARK may record and/or monitor such phone calls, and that such calls may be used by SPARK for business or marketing purposes.
Notices. Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below
(1) on the delivery date if delivered to our support email account
(2) one business day if delivered by fax
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by sparkdriven.com. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys’ fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’s conflict of law rules. This Agreement and sparkdriven.com’s policies are subject to change by sparkdriven.com without notice. Continued usage of the Services after a change to this Agreement by sparkdriven.com or after a new policy is implemented and posted on the sparkdriven.com Site constitutes your acceptance of such change or policy. We encourage you to regularly check the sparkdriven.com Site for any changes or additions.