Terms of Service

Terms of Service Agreement

These terms govern and control the relationship between the parties named herein. Revisions may be implemented to improve clarity and readability. However, you are strongly advised to review and fully understand the agreement before using or conducting business with Sparked Host LLC.

Definitions;-

1. The terms "you," “I,” "the client," or any similar designation shall reasonably refer to the individual or entity agreeing to, utilizing, or purchasing goods or services provided by the company.
2. The terms "us," "we," "our," "Sparked Host LLC," or "the company" refer to Sparked Host LLC, a registered entity in the State of Utah, United States of America, with Business Identification Number 13302459-0160.
3. The term "services" refers to the products and assets the company provides for the client’s use, including but not limited to all website functionalities and features made available to the client.

Binding Terms

1. By using or purchasing any goods or services from Sparked Host LLC or continuing to conduct business with the company, you agree to all terms outlined in this agreement. These terms are subject to periodic review and modification without your prior notice. You agree to be bound by all future revisions and are responsible for reviewing this document regularly to stay informed of updates.
2. You agree to be bound by these terms until all business between you and Sparked Host LLC has concluded and the company has confirmed the closure of your client account.
3. Given the nature of international transactions, Sparked Host LLC cannot guarantee that your consumer protection and privacy rights will not be waived. However, the company will reasonably comply with applicable regional regulations regarding such rights. By continuing to use or purchase goods or services from the company, you acknowledge and agree that you may waive specific regional consumer protection and privacy rights.
4. You agree to be bound by all terms outlined in this document and acknowledge that any breach may result in the termination or suspension of your services and render any business with the company void.
5. For this agreement, the symbol ‘†’ may denote additional information or definitions for a subsection/clause that can be found at the end of the agreement. From this point on, it shall be taken that the client is aware of additional ‘dagger clauses’ included at the end of this agreement.

Revisions to this Agreement

1. We reserve the exclusive right to modify, revise, or amend this agreement. Continued business or use of any goods or services provided by the company constitutes your agreement to and acceptance of any such modifications.
2. This agreement was last updated on January 1, 2025, and is subject to periodic revisions every three months.
3. This agreement is subject to revision at any time. The client’s sole responsibility is to remain informed of any modifications made to this Agreement throughout their business relationship with the company.

Trademark and Copyright Notice

1. “Sparked Host” is a registered trademark under the United States Patent and Trademark Office (USPTO), under serial number 90575494, and was accepted by the USPTO on 12th March 2021. No claim was made to the exclusive right to use ‘host’ apart from within the aforementioned mark. Images displayed within our website or our services may be restricted under trademark, and exclusive permission may be required for the commercial use of any marks.
2. All content and assets displayed on this website are the exclusive property of their respective owners, with all rights reserved. Our vendors, partners, or affiliates may own certain content, and its use is subject to restricted licensing agreements. Unless otherwise stated, all content is protected by copyright law and is the intellectual property of Sparked Host LLC (2025) and/or its vendors, partners, or affiliates.

Warranties

1. No representations or warranties, whether express or implied, are made regarding the suitability or accuracy of any information contained in this agreement.

General Governance and Arbitration

1. No waiver or amendment of any terms within this agreement shall be valid or enforceable unless provided in writing, delivered via postal service, and signed, with a witness, by an authorized Sparked Host LLC leadership team member. The company’s failure to enforce strict compliance with any term or delay in exercising any right or power granted under this agreement shall not constitute a waiver of such rights or powers. All rights and powers conferred herein remain fully enforceable.
2. This agreement shall be governed by the laws of the State of Utah, United States of America. Notwithstanding this jurisdiction, Sparked Host LLC prioritizes the security of client data and endeavors, where feasible, to comply with the General Data Protection Regulation (GDPR) established by the European Union and adhere to applicable data protection regulations in the United States.
   1. The data security and protection policy for this agreement can be viewed online. (See: https://sparkedhost.com/legal/privacy-policy)
3. All disputes arising from or in connection with Sparked Host LLC shall be resolved per the Rules of Arbitration of the International Chamber of Commerce (ICC). The arbitration shall occur at a location determined by Sparked Host LLC, and the company may appoint one or more arbitrators to ensure an impartial resolution. The emergency arbitrator provisions of the ICC Rules shall not apply. This agreement is governed by the laws of the United States of America, and arbitration is a mandatory prerequisite to litigation. Clients must make reasonable efforts to resolve disputes amicably, including attempting out-of-court settlements, before initiating arbitration or litigation.

Fair Use

1. For services described as "unlimited" or "unmetered," including but not limited to storage, bandwidth, or other tangible or intangible resources, clients are expected to adhere to a fair use standard. This ensures the continuity and quality of service for all clients. We reserve the right to enforce reasonable usage limits where necessary to maintain service integrity.
2. We reserve the right, at our sole discretion, to determine whether a client has violated the fair use policy. In the event of such a determination, the company may terminate the client’s services immediately and without prior notice.
3. We maintain a fair use threshold, whereby no client shall utilize more than 10% of overall system resources or allocated network bandwidth. If a client exceeds 5% but remains below 10%, they will receive written notice requesting immediate resolution. Failure to comply may result in further action per this agreement.
4. Clients must exercise reasonable judgment and discretion to ensure their usage complies with the fair use policy.

Abuse

1. Any applicable restrictions for the services outlined below will be specified at checkout. By proceeding with the purchase, you must indicate your acceptance of these restrictions by agreeing to an additional information section confirming your acknowledgment and agreement to the terms set forth.
   1. Minecraft Services
      1. Clients must adhere to the product descriptions, which may be updated periodically. It is the client’s responsibility to review these descriptions regularly to ensure compliance. Failure to abide by the stated disclaimers and restrictions may result in suspending services per our abuse and fair use policies.
   2. VPS/Dedicated Services
      1. VPS and dedicated services are allocated restricted resources. To ensure compliance and the continued provision of services, clients must adhere to acceptable and fair use policies.
   3. Web Hosting Services
      1. Unmetered website hosting services are subject to compliance with our fair use policy.
      2. Services exceeding 100GB of storage must obtain an exemption by consulting our team and providing a valid justification for exceeding this limit.

Client Account Terms

1. By opening a client account, the client accepts the following responsibility and liability agreement:
   1. Unless under direct supervision and control, I will not share my account credentials under any circumstances, including agreements or arrangements regarding how or when the account may be used.
   2. I will maintain the security of my account and assume full responsibility for all actions taken in connection with it.
   3. I will ensure timely and efficient payment of all invoices associated with my account, including recurring monthly costs.
   4. I will not attempt to circumvent any security measures implemented to protect the company's network or the services provided.
   5. I will not attempt to circumvent security measures employed to secure any part of the company's network or services the company is responsible for.
   6. I will not breach any clause within this agreement under any circumstances.
   7. I will not engage in activities deemed illegal under the governing laws of this agreement or the jurisdiction in which I reside.
   8. The company assumes no responsibility or liability for user-generated content transmitted or posted through its services, including images, products, or other materials.
   9. I understand and accept that I may encounter user-generated content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuitable for my purposes.

Refunds

1. Refunds are issued solely at the discretion of Sparked Host LLC. They will only be granted when we cannot resolve a documented technical issue for which you have submitted a written support request. We reserve the right to deny refund requests under any circumstances. All refund requests must be submitted through our support website within 24 hours of the original transaction.
   1. As an exception to the standard refund policy, Discord Bot Hosting and Non-Minecraft Game Hosting services are eligible for a guaranteed refund within 48 hours of purchase, provided it is the client’s first purchase of these services. This policy does not apply to renewals or repeat purchases.
      1. For Non-Minecraft Game Hosting and Discord Bot Hosting, refunds will not be granted if the client has acknowledged and agreed to any applicable disclaimers before purchasing the service at checkout.
   2. Domain services are non-cancellable and non-refundable once the transaction has been completed and payment has been processed.
   3. Dedicated server services are non-refundable. Once payment has been processed, no refunds will be issued.
   4. Colocation services are non-refundable. Once payment has been processed, refunds will not be issued under any circumstances.
2. Duplicate payments will be refunded as service credit or to the original payment method at our sole discretion.
3. Payments taken past the date of a cancellation request will be refunded as service credit or to the original payment method at our sole discretion if the payment was made within 180 days.
4. Upgrades, including but not limited to CPU cores, storage, RAM, bandwidth, or any other applicable upgrade, are not eligible for refunds to the original payment method. Refunds for such upgrades will only be issued as store credit to the client's account.

Permission to Host your Content

1. By purchasing a service with Sparked Host LLC, you give exclusive permission to host your content.
2. By purchasing services from Sparked Host LLC, you affirm that all content you upload complies with the applicable licensing or copyright arrangements. You expressly represent and warrant that, under your license, you are authorized to grant us explicit permission to host the content in question.

Indemnification

1. By using our services, you agree to indemnify and hold harmless Sparked Host LLC from all claims, actions, damages, obligations, losses, liabilities, costs, debts, and expenses arising from any breach of this agreement, acts of negligence, or any situation where we have not expressly accepted liability in writing. This indemnification extends to all claims to which we may be subjected as a result of your actions or omissions.

Promotional Discounts

1. Discounts are offered as an "as-is" reduction to the cost of services and may be modified or revoked at any time at the sole discretion of Sparked Host LLC. Services with recurring discounts will revert to the full standard price if the discount or promotional offer is canceled, suspended, or otherwise reviewed by the company. We reserve the right to remove discounts from specific products or clients without prior notice.
2. Discount codes must not be reused or exploited to obtain additional or unauthorized reductions in service pricing. Clients are strictly prohibited from misuse of discount codes, including, but not limited to, creating new services each month to apply promotional discounts repeatedly. Such actions are considered abusive and may result in the suspension or termination of services.
3. Discounts created after the purchase date of a service cannot be retroactively applied.
4. Discounts are non-refundable and cannot be applied to purchases that qualify for a refund.
5. Discounts are issued as part of seasonal promotions and are subject to expiration at our sole discretion.

Acceptable Use

1. We are committed to maintaining a high service quality and reliability standard, which our clients depend on. Accordingly, we reserve the right to deny or terminate services for any client found to be using our services for the following purposes:
   1. Hacking activities, including unauthorized access to computers or networks, port scanning, stealth scanning, and phishing, are strictly prohibited.
   2. Hosting files without proper purchase or any content that infringes on copyright or intellectual property rights is strictly prohibited.
   3. Spamming, including bulk unsolicited emails or unauthorized commercial messages using our services, is strictly prohibited. Open SMTP connections for such purposes are also forbidden.
   4. Uploading or linking to content that infringes on another individual's rights to privacy or publicity is strictly prohibited.
   5. Distributing hate speech or any content that is obscene, abusive, libelous, or defamatory.
   6. Hosting, storing, or distributing child pornography is strictly prohibited. Any discovered content will be reported to the appropriate law enforcement authorities immediately.
   7. Child pornography, bestiality, hate speech, scam sites, phishing sites, and any other material deemed illegal under United States law are strictly prohibited.
   8. Hosting, storing, or distributing pornographic material, including sites linking to adult content, is strictly prohibited. Additionally, our services may not be used for the propagation, distribution, storage, or handling of lewd, obscene, or satanic materials in any form.
   9. Content Delivery Network (CDN) streaming on the company’s servers or network.
   10. Threats to perform, or the act of, DDoS attacks or doxing.
   11. Hosting or selling account credentials obtained illegitimately or illegally is strictly prohibited. This includes, but is not limited to, using account generators or bots to scan or brute-force accounts.
   12. The production, hosting, or sale of illegally or illegitimately obtained game codes, license codes, gift codes, hardware license codes, or software codes.
2. Engaging in any of the prohibited activities outlined will immediately terminate your service without eligibility for a refund.

Termination of Service

1. Any associated files or add-ons may be permanently lost upon suspension or termination of service, even if payment reminders are sent via email. Services are purchased for a specified term, and access to the service is fully suspended once that term has expired. Clients are responsible for regularly backing up their files to an off-site location (e.g., local storage). Sparked Host LLC assumes no liability and makes no warranties regarding the accessibility or recovery of files once a server has been suspended or terminated.
   1. After 15 days, all data will be permanently and irretrievably deleted from our backup network, with no possibility of recovery.
2. We reserve the right to terminate your service at our sole discretion for any violations related to abuse or acceptable use policies. This includes the right to terminate your service without prior notice and to revoke your access to any services.
3. Termination of Service for Compliance and Abuse Violations:
   1. In cases where your service is terminated due to abuse-related concerns, your data may be retained for a maximum period of 365 days (one calendar year), subject to the nature and circumstances of the suspension.
   2. We reserve the right to retain and report your data to relevant authorities. By using our services, you consent to us accessing data from suspended services to provide necessary information to law enforcement agencies or, as required, through a lawful subpoena process.
   3. If you choose to contest our decision, our Compliance Department will review your case and make a final determination. During any termination related to abuse, you will lose complete access to your data and files, and no guarantees regarding accessibility or recovery will be provided.

Payments, Cancellations, and Chargebacks

1. Payments
   1. You agree to remit all required payments for the services rendered before the applicable service period during which such services are provided.
   2. You are solely responsible for ensuring that your payment information remains accurate and up to date and that all invoices are paid promptly by their respective due dates.
   3. We reserve the right to modify product pricing at its sole discretion and without prior notice. If a direct debit arrangement exists, the updated product cost may be automatically charged to the payment method.
   4. Invoices are generated 15 days before the due date. If you have an active credit or debit card on file with the payment processor used for your purchase, payment may be automatically processed before the invoice due date for service renewal.
   5. Credit and debit card payments are not processed directly by us. The responsibility for ensuring accurate charges and compliance with applicable tax regulations rests with the payment processor.
   6. Credit card transactions may be subject to additional payment processing fees or other charges associated with the transaction.
   7. Payments made through Donations are final, non-refundable, and cannot be reversed once completed.
2. Cancellations
   1. Unless you provide formal notice to us requesting the cancellation of all or specific services, all services will continue to be billed on a recurring basis.
   2. You are responsible for reviewing and managing your pre-approved automatic payments to ensure that no unauthorized payments continue to be made to the company in the event of a cancellation. While we do not issue invoices beyond the point of cancellation, your payment processor may still process pre-approved payments automatically. Refunds will only be issued for payments made within the last 180 days of service, and payments older than 30 days are non-refundable.
3. Chargebacks
   1. Under no circumstances may any current or former client initiate a chargeback for any reason. In the event of a chargeback, the associated service will be immediately suspended or terminated. If the client wishes to reinstate the service, they must repay the chargeback amount in full, along with any fees incurred from third-party payment gateways.
      1. If a Donation payment is subject to a chargeback, the account receiving the payment will be responsible for covering any associated fees or charges.
   2. We reserve the right to report fraudulent or unauthorized chargeback activity to major credit bureaus, which may impact your ability to obtain credit in the future. Additionally, we may report such activity to Fraud Record, our partner, to identify and prevent malicious clients from accessing services other industry providers provide.

Severability

1. If any provision of this agreement is deemed illegal, void, or unenforceable by a court of competent jurisdiction, the remainder shall remain in full force and effect. The invalid provision shall be interpreted, to the extent permissible, in a manner that reflects the original intent of both parties. The parties further agree to replace any invalid or unenforceable provision with a valid and enforceable provision that closely aligns with the original intent and purpose of the clause deemed void or unenforceable.