TERMS OF SERVICE

 
     
 

Last Updated: January 31st, 2011

 

Sparkyscorner.com ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

 

Use of Sparkyscorner Service constitutes acceptance and agreement to Sparkyscorner AUP as well as Sparkyscorner TOS (Terms of Service).

 

All provisions of this contract are subject to the TOS (Terms of Service) of Sparkyscorner, LLC and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

 

This Agreement shall be construed in all respects in accordance with the laws of the state of Montana, county of Flathead applicable to contracts enforceable in that state. Venue will be Flathead County, Montana.

 

Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Sparkyscorner shall have the right to terminate all service set forth in this Agreement.

 

Payments and Fees: Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $10 reconnect charge (individual hosting accounts). Accounts not paid by due date are subject to a $10.00 late fee. Accounts that are not collectable by Sparkyscorner may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. Any credit card chargebacks placed on payments made to Sparkyscorner will incur a $25.00 penalty.

 

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

 

Legal Threats & Professional Behavior: Please behave in a reasonable manner towards Sparkyscorner, LLC employees. Any unreasonable threats, either personal or against the company will receive a warning for breach of these conditions. Personal abuse towards Sparkyscorner, LLC employees or legal threats against the company are viewed as extremely serious. Sparkyscorner, LLC reserves the right to refuse to do business with a person or company as a result and possibly terminate any accounts in question.

 

Account Transfers: Our team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best but in some cases, we may be unable to assist you in a transfer of data from an old host. Generally we will only provide the free transfer of all site files and databases. Transfer of email accounts, or re-configuration of PHP/ASP .NET applications on our servers are left to the user. There are absolutely no guarantees/warranties implied or stated in regards to the integrity of transfers performed by the Sparkyscorner staff. For further information on our transfer policies, please refer to the document at http://www.sparkyscorner.com/Hosting/FTP.aspx.

 

To maintain the stability of our servers, we will not restore cPanel backups larger than 5 GB of size on PersonalClass and 10 GB of size on BusinessClass.

 

Account Cancellation: All requests for canceling accounts must be made in writing on the day of the cancellation through e-mail sent to sales. The email can be found on our contact page. You must have your billing username, last 4 digits of billing password and your domain name available in the email.

 

Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

 

Money Back Guarantee: 60 Day money back guarantee will only be offered under our Personal/Reseller (Linux and ASP Plans), Business (Linux and ASP Plans). Refunds will not be given to accounts that have been canceled or suspended due to abuse of our services based on our terms of service and acceptable use policy. Money back due to lower than 99.9% of up time will be provided on all packages except for domain names. Amount due back is calculated by taking the percentage of downtime over .1% divided by 99.9% multiplied by the amount paid for services that month. No refunds will be given on domain names, ssl certificates, dedicated servers and marketing accounts (mailer accounts).

 

Support Boundaries: Sparkyscorner, provides online technical support to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: Sparkyscorner provides support related to your server or virtual site physical functioning. Sparkyscorner does not offer tech support for application specific issues such as CGI programming, html or any other such issue. Sparkyscorner does not provide technical support for YOUR customers (in case of resellers). If you can e-mail, we encourage you to e-mail support@Sparkyscorner.com, or post in our discussion forums for assistance. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.

 

SPAM and Unsolicited Commercial E-mail (UCE): Sparkyscorner takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of Sparkyscorner may not use or permit others to use our network to transact in UCE. Customers of Sparkyscorner may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

 

Violation of Sparkyscorner SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Sparkyscorner will initiate an immediate investigation (within 48 hours of notification). During the investigation, Sparkyscorner may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Sparkyscorner may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Sparkyscorner reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Sparkyscorner will notify law enforcement officials if the violation is believed to be a criminal offense.

 

First violations of this policy will result in an "Administrative Fee" of $30 and your account will be reviewed for possible immediate termination. A second violation will result in an immediate termination of your account.

 

As our resellers are ultimately responsible for the actions of their clients over the Sparkyscorner network, it is advisable that resellers develop a similar, or stricter, policy for their clients.

 

IP Address Ownership: If Sparkyscorner assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Sparkyscorner, and Customer shall have no right to use that Internet Protocol address except as permitted by Sparkyscorner in its sole discretion in connection with the Services, during the term of this Agreement. Sparkyscorner shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Sparkyscorner, and Sparkyscorner reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

 

System Resource Usage (CPU/Memory/etc.): Per our AUP, abuse of system resources is prohibited. First violations may or may not cause an account suspension depending on the severity of the issue. The customer will receive a clear warning. Second or third violations may result in an immediate termination of your account. Sparkyscorner staff members will judge based on server performance on what type of activity is considered as abusive.

 

Background Processes: Background processes are not permitted on the PersonalClass level of services. Please consult the sales department on whether your application can be handled by your product of choice.

 

Cron Jobs: While customers are able to setup cron jobs through their control panel (linux only), cron job timing can not be quicker than every 5 minutes. Each server will revert 'every minute' cron jobs to every 5 minutes on a nightly basis.

 

Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form. Sparkyscorner will monitor Customer's bandwidth and disk usage. Sparkyscorner shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Sparkyscorner sole and absolute discretion. If Sparkyscorner takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. Using a shared account as a backup/storage device is not permitted. Do not keep backups on the server of your websites or installation scripts.

 

 

Examples of unacceptable material on all Shared and Reseller servers include:

 

Torrent Sites
Topsites
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery Sites
MUDs/RPGs/PPBGs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro

 

System and Network Security: Users are prohibited from violating or attempting to violate the security of the Sparkyscorner Network. Violations of system or network security may result in civil or criminal liability. Sparkyscorner will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

 

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
Forging any TCP/IP packet header or any part of the header information in any e-mail or forum posting.
Taking any action in order to obtain services to which such User is not entitled.

 

Backups and Backup Access: Customer acknowledges that individual site backups are the responsbility of the customer. Sparkyscorner keeps overall system snapshots in case of full system recovery and may not be able to provide you with on-demand recovery in case of individual file corruption or accidental deletion. Suspension of Service or Cancellation: Sparkyscorner reserves the right to suspend network access to any customer if in the judgment of the Sparkyscorner network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Sparkyscorner chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. We offer a 30 day money back providing we failed to provide you with the service as outlined for each individual hosting plan. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

 

Right to refuse service: Sparkyscorner reserves the right to refuse service to any customer at any time within reasonable means/requests.

 

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference. This information can be kept up to date. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof. No chat software/scripts are to be used on our servers unless approved by management.

 

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

 

Sparkyscorner takes no responsibility for any material input by others and not posted to the Sparkyscorner Network by Sparkyscorner. Sparkyscorner is not responsible for the content of any other websites linked to the Sparkyscorner Network; links are provided as Internet navigation tools only. Sparkyscorner disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

 

Sparkyscorner is not responsible for any damages your business may suffer. Sparkyscorner does not make implied or written warranties for any of our services. Sparkyscorner denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Sparkyscorner.

 

Responsibility for Content: You, as Sparkyscorner customer, are solely responsible for the content stored on and served by your Sparkyscorner server.