Please read these Terms of Service ("Agreement", "Terms of Service") carefully before using www.sparkedhost.com ("the Site") operated by Sparked Host LLC ("us", "we", or "our"). This Agreement sets forth the legally binding terms and conditions for your use of the Site at www.sparkedhost.com
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.
Permission to Host Your Content
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.
Our Minecraft and Game Hosting services are located in Dallas Texas, Germany, Buffalo, Miami, and New York City. Our Web Hosting is located in Chicago and Miami and our Discord Bot Hosting is in Montreal, Canada.
We do provide the transferring of any website/server as a courtesy service but we cannot make any guarantee that during the transfer process we will be able to move your site/server. Our service department will make an effort to move your site/server 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/servers but in some cases we may be unable to assist you in a transfer of data from the old server. We are not responsible for data loss in transfers.
Acceptable Use/Illegal Activity
Sparked Host 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:
- Hacking, which includes, for example penetrating or attempting to access, without authorization, another computer or network. Port scans, stealth scans, and fraudulent credit card "phishing" techniques are also prohibited.
- Hosting of files, especially our sold Minecraft Server Files that are under our copyright (if not bought) or other data that infringes on another's copyright or other intellectual property rights.
- Spamming, or sending of bulk unsolicited email. We maintain a strict policy on spamming, which includes the sending of unauthorized commercial messages by use of our services, or by maintaining an open SMTP connection. We reserve the right to refuse or terminate service based on reasonable indications that you are engaged in spamming of any sort.
- Uploading or linking to any content that violates another's right of publicity or privacy.
- Distributing hate speech, or any other content that is obscene, abusing, this could be considered libelous and defamatory.
- Hosting, storing, or distributing child pornography. If any such content is found and brought to our attention, the proper law enforcement agencies will be notified.
- Child pornography, bestiality, hate speech, scam sites, phishing sites and any other material which is considered to be illegal in United States is strictly prohibited.
- Hosting, storing, or distributing pornographic material. This includes sites that may provide links to adult content elsewhere. In addition, our servers and services may not be used for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd, obscene, or satanic materials.
- Content Delivery Network (CDN) streaming on SparkedHost servers or network.
- Any sort of file hosting website, including but not limited to, uCloud, ownCloud, YetiShare, Tequila, Dropbox, etc.
- Threatening to DDoS and/or DDoSing or Doxing.
- Stealing files that do not belong to you, especially stealing copyrighted files
If you are doing any of these on your service, your service will be terminated without refund.
Termination of Use
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. Sparked Host reserves full rights of changing product prices whenever, to whatever price they want, without warning.
Invoices and Credit Cards
Invoices are made 15 days before the due date. Credit Cards are not stored in our databases.
Suspensions and Chargebacks
Defining: "you" - The customer "assets", "files" or "server" or whatever other term may be used - The service provided and add-ons and files provided along with it. By purchasing with Sparked Host LLC, “you” give us permission to host and have control over “your” files once they are active on our network. Upon suspension, where emails are sent with payment reminders; “you” risk the permanent loss of your files/add-ons. You purchase your service for a length of time, once that period is over; accessibility is lost. Where possible- “you” must ensure that “your” files are backed up in regular intervals off-site (i.e. on “your” local host). Sparked Host LLC takes no liability and provides no warranties that once a server is suspended, the files will be accessible by yourself or your third-parties (or sub-users). Charge backs- At no time shall any current client or former client chargeback for any reason, if you charge back your service will be suspended or terminated. Additionally if said client wishes to restart service they will be required to pay back the amount charged back. If you charge back, we will report your bad payment activity to the Major Credit Bureaus, it may hurt your credit score. Upon suspension, server files may too be deleted at the discretion of Sparked Host LLC’s executives. By allowing “your” server to be suspended and/or providing (or third-parties providing) Sparked Host LLC with the knowledge that “you” are in breach of our Terms of Service, “you” subsequently waiver “your” rights to access “your” files/assets and “your” “service”, “assets” or “server” will no longer be accessible. Once your service is suspended, your files are kept for up to 365 consecutive business days (or less, at discretion of Sparked Host LLC’s executives with a minimum of period 24 hours) or until the invoice on the Client Area is shown as cancelled, whichever is shortest. The accessibility, if challenged, will be forwarded onto our Billing and/or Abuse Department and will be provided with an outcome at the latest of 48 hours after challenged. - Cases of exemption: • Where you have informed Sparked Host LLC in a written notice that you would like a copy of your files when your service is suspended (though Sparked Host LLC may decide to subsequently cancel your request at any time), you may be provided with exemption or legal immunity to the above clause.
Sparked Host LLC utilizes FraudRecord to screen new orders for previous fraudulent activity and report existing clients who violate our Terms of Service. In case of a violation, you may be reported to FraudRecord for misbehaviour using one-way hashed information.
Fair and Acceptable Usage
Acceptable usage: We have a Hard limit of 50 GB for Minecraft Hosting. 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 80-100% of CPU or RAM, Sparked Host LLC has the right to restart/stop it or suspend 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. Backup plugins are not allowed if they are backing up the entire server as it usually leads to violation of this policy.
Minecraft Hosting: If you have over 35 mods, it must be on Enterprise Minecraft. If you have 1.13 with more than 60 plugins and a few players, it must be on Enterprise. If you have 1.14+ as the version, IT MUST be on Enterprise (1.14-1.14.4 can be on Budget 4 GB+ unless it's in Buffalo, New York). If you have more than 100 players, it must be on Enterprise. If you have more than 70 plugins, it must be on Enterprise. Not following these rules may result in a suspension and/or termination of any or all of your services.
Payments and Refunds
All payments are done via PayPal, Square, Skrill, and Paymentwall. Please contact us if you want to do another form of payment. Refunds are only given out if billing finds valid reason such as service interruption caused by Sparked Host, we usually only 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, Web Hosting, Game Hosting, etc.) Please know this before ordering it as a "trial" we will not refund you. There are NO refunds for dedicated servers. Over-payments or funds added to accounts are not refundable. Subscriptions are not refundable. "Accidental purchases" are not refundable. You expressly agree that your use of, or inability to use, the service is at your sole risk -- refunds for not knowing how to use something is not acceptable. No refunds will be provided for the remainder of the billing cycle if you decide to issue a cancellation request for a product and/or service.
We have multiple Support Methods such as Discord, Tickets, Live chat and Twitter. The only official Support Method for Billing and Security issues is tickets on billing.sparkedhost.com
Links to other sites
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.
Changes to this Agreement
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: [email protected]
For any disputes or discrepancies you may have with Sparked Host, 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 American 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.
Copyright and trademark notices
All contents (including our Minecraft Server Files) of the www.sparkedhost.com website are Copyright © 2019 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.
Sparked Host LLC™ and sparkedhost.com™ is registered trademark of Sparked Host. 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.