Effective as from 1st April 2022

Introduction

This is a Service Level Agreement between the Spark Cloud Host and Customer who will receive any or all of the Services being provided by Spark Cloud Host and is effective from the date of customer use of any of Spark Cloud Host services being purchased via online or offline mode. The terms like “we”, “us” or “our” shall refer to Spark Cloud Host and the terms like “you”, “your”, “User” or “Customer” shall refer to any individual or any identity who accepts this Agreement, has access to your account or uses the Services. This agreement is last revised on 01/08/2018. Review is in every 1 year, or as otherwise needed.

Authority

This Site and the Services are available only to individuals (“Users”) / legal authorized agent on behalf on any organization who can make legally binding contracts under applicable law. By using the same, you confirm that you are (i) at least eighteen (18) years of age or (ii) is not a person barred from purchasing or receiving the Services found under the laws of the India or other applicable jurisdiction. Failure to provide your correct identity and required documents may lead to termination of this agreement and corresponding services. Also, in that case, Spark Cloud Host shall not be liable for any loss or damage of any kind of customer data.

Terms of Use

The user is merely responsible for the data hosted at his/her website/server and will be directly responsible for any legal action that may arise due to that same data being hosted at the website/ server. In that case, Spark Cloud Host will not take any responsibility and if asked by government authorities, Spark Cloud Host has full rights to share client's details/data even without client's approval. Please note that all violations will be shut down immediately and may result in account suspension and/or termination. No refund will be provided in such cases.

General Service Levels

This Agreement does not transfer any Spark Cloud Host Technology from Spark Cloud Host to Customer, and it will remain merely with Spark Cloud Host. Spark Cloud Host and customer each agrees that it will not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from the other party.

Network Uptime

"Downtime" shall mean network unavailability (excluding maintenance period) with no internet traffic to the server as verified by the support team at Spark Cloud Host. Downtime is determined from the time when the affected customer raises a support ticket to the time Spark Cloud Host considers the problem as resolved.

Changes in terms of use

We may modify all or any part of these Terms of Use from time to time without notice to you. You should check these Terms of Use frequently to ensure that you are aware of your current rights and obligations. Your continued use of this website after changes to the Terms of Use have been published constitutes your binding acceptance of the updated Terms of Use. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of this website.

Restricted categories

It is disclaimer that we are not selling the services, and hereby it is strictly prohibited to use our Services for below categories: Pornography services, dating service include any dating service including (male or female escort service) but no limited to that., music streaming, radio streaming , movie downloading website, religion group include (Jews , Hinduism and Buddhism, Christian, Sufism , Shia , atheist ) , Alcohol selling, Gambling , banks , gays pornography ( any website which contents gay or gay laws) , government websites( local government or international government institutions), News agencies If you think your offering one of above service by hosting in your server, we highly informed you to prohibit and terminate use of ourServicess.

Account Eligibility

By registering for or using the Services, you represent and warrant that if you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to provide accurate, current, and complete information on the registration forms. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account is accurate, correct and complete at all times. We is not responsible for any lapse in the Services. Providing false contact information of any kind may result in the termination of your account. Failure to provide the information requested may result in your order being denied.

Right Service

It is your responsibility to choose the right service for your need. For example, it is your responsibility to ensure that you do not order a cPanel/WHM Services of Dedicated Server for a VPS.

Compliance with Applicable Law

You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding online activities and your use of the services. You are fully responsible for compliance with all applicable laws in your location.

Pre-payment

It is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

Autorenewal

Unless otherwise provided, you agree that until and unless you notify We of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.

Late Payment

All invoices must be paid up to the invoice due date. Any invoice that is outstanding after the due date may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, We may suspend or terminate your account and pursue the collection costs incurred by We, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees.

Fraud

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. We may report any such misuse or fraudulent use, as determined in We’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.

Termination

We may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm We or others or cause We or others to incur liability, as determined by We in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, We shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, We may charge you for all fees due for the Services for the remaining portion of the then current term.

Price Change

We reserves the right to change prices or any other charges at any time. It is your sole responsibility to periodically review billing information provided by We through the user billing tool or through other methods of communication, including notices sent or posted by We.

Cancellations

You can cancel the Services/Service anytime. If you cancel a Services/Service at your own discretion, you will not eligible for a refund.

Promotion

We frequently announce some promotion for our existing customer and new customer. Tricking or misuse a promotion will suspend or cancel your order/Services.