Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.SparkedHost.us ("the Site") operated by SparkedHost ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.SparkedHost.us
By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms of Service. Capitalized terms are defined in this Agreement. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SparkedHost without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. NO WARRANTIES OF ANY KIND (INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE GIVEN WITH RESPECT TO THE PROPRIETARY INFORMATION DISCLOSED OR USED UNDER THIS AGREEMENT, AND NEITHER PARTY SHALL BE LIABLE TO THE OTHER DAMAGES ARISING OUT OF OR CAUSED BY DEFECTS OR DEFICIENCIES IN THE PROPRIETARY INFORMATION OF EITHER PARTY, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE.
The Site and its original content, images, graphic, images, videos, features and functionality are owned by SparkedHost and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Upon receiving your payment for our services we will set up your account. In addition, you will need to provide us an email that is active that we will be able to reach you at all times typically an email address that is not @ the domain(s) you've signed up for, this will be our main form of contact in the event that you may have violated an abuse clause and/or any part of this agreement. If we feel that you have failed to meet this requirement, the order may be considered fraudulent in nature and could be potentially denied.
We do provide the transferring of any website as a courtesy service but we cannot make any guarantee that during the transfer process we will be able to move your site. Our service department will make an effort to move your site to our hosting platform but the amount of time can vary immensely depending on how the site was previously configured. We always strive to make this a seamless process and try to avoid any interruption to existing sites but in some cases we may be unable to assist you in a transfer of data from an old host.
SparkedHost strives to maintain a high-level of service, and a lot of customers depend on our high standards of quality. As such, we will not provide services to those that are using our services for:
If you are doing any of these on your service, your service will be terminated without refund.
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and products with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information. If your server is suspended for illegal activity or not paid for by the end user, SparkedHost has the right to the files on that related service.
Upon creating an account with SparkedHost you agree to make all appropriate payments for the services received, in advance of the time period during duration in which such services are provided. Moreover, unless you notify SparkedHost that you would like to cancel all or any of the services rendered, all services will be billed on an ongoing basis. In addition, as a client of SparkedHost you take full responsibility to make sure that our payment information is always up to date and that all invoices are paid on time. If any invoice is placed into an overdue status it will result in a minimum late fee of 15% and/or potential suspension until account balance has been paid in full.
Acceptable usage: We have a Soft limit of 99GB. We will email you with the details, and which files are too big and must be removed. If we do see a non-server related file it will be deleted without warning or refund. If a server is running 100% of CPU or RAM, Sparked Host LLC has the right to restart it, as it affects others on the node. If this issue continues and the server owner refuses to fix the issue staff reserve the right to intervene if needed, including but not limited to stopping, suspending, terminating or cancelling the server.
All payments are done via PayPal. Please contact us if you want to do another form of payment. Refunds are only given out if billing finds valid reason, we usually give refunds within the first 24 hours, if you did not request one within that time we will not provide you with a refund. Speak with Billing/Support to claim the refund. Refunds are only applicable to Shared hosting, (Shared Minecraft) Please Know this before ordering it as a "trial" we will not refund you. There are NO refunds for dedicated servers. Over-payments or fund added to accounts are not refundable.
This Agreement (and any further rules, policies, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of United States of America without giving effect to any principles of conflicts of law.
We reserve the right, at our sole discretion, to modify or replace these Terms of Service by posting the updated terms on the Site. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Service. Please review this Agreement periodically for changes. If you do not agree to any of this Agreement or any changes to this Agreement, do not use, access or continue to access the Site or discontinue any use of the Site immediately. If you have any questions about this Agreement, please contact us. Email: SparkedHost@gmail.com
For any disputes or discrepancies you may have with SparkedHost, you agree to first contact us and attempt to resolve the dispute with us informally. Any controversies or disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the then-current Commercial Arbitration Rules of the Canadian Arbitration Association. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement. In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. The arbitrator shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copy no later than 30 days after the notice of arbitration is served. The arbitrator(s) shall not have the authority to modify any provision of this Agreement or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law. During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.
All contents (including our Minecraft Server Files) of the www.sparkedhost.us website are Copyright © 2017 SparkedHost and/or its suppliers, affiliates and partners. All rights reserved.
Disclaimer: The images, products, services and all included content are provided on an "as is" basis without warranty of any kind, whether express or implied and shall remain under SparkedHost possession unless agreed upon by SparkedHost and user/client. SparkedHost SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. SparkedHost takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or transmits using our images, products or services. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose.
SparkedHost™ and sparkedhost.us™ is registered trademark of SparkedHost. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
No waiver of any term of these Terms shall be deemed a further continuing waiver of such term or any term, and SparkedHost's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision Notices and procedure for making claims of copyright infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.
This agreement was last mofified on December 29, 2017