|Acceptable Terms Of Service Policy
This Terms of Service Agreement (TOS) is a formal and legally binding agreement between SPRhost Network a Division of Rosewll Trail Network (we, us, Company) and You, the service user (you, Subscriber). Use of our service constitutes acceptance and agreement to the Terms of Service in full. You agree to familiarize yourself with these terms, and abide by them if you choose to use our services to which the terms apply.
You agree to abide by all applicable local, state, national and international laws and regulations regarding your use of our service. Misconduct towards or against any SPRhost Network staff, employee, member, Client, or affiliate will result in account suspension/termination. Misconduct includes, but is not limited to, written, physical or verbal abuse, threats and disruptive behaviour towards any person, Client, staff member, member, associate, employee or affiliate of SPRhost Network.
You represent and warrant that you, as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you must have parental consent in order to sign up, and the account must be ordered by a parent or legal guardian, in their own name. You agree to supply SPRhost Network with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
Contents of Messages:
You are solely responsible for the contents of your messages and your website and the consequences thereof. You agree not to do anything which would restrict or inhibit any other user from using and enjoying the Internet. You further agree not to use SPRhost Network to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. SPRhost Network reserves the right to terminate your account if we become aware and determine, in its sole discretion, that you are violating any of the foregoing guidelines.
As a condition of your use of the SPRhost Network Web Hosting Service you warrant to SPRhost Network that you will not use the SPRhost Network Web Hosting Service for any unlawful purpose. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. SPRhost Network reserves the right to remove such illegal material from the SPRhost Network Web Hosting / servers immediately.
Terms of Payment:
You agree to pay SPRhost Network appropriate payment for the services received from SPRhost Network, in advance of the time period during which such services are provided. Payment may be made by credit card, debit card, or echeck via paypal, paypal balance tranfer or any other accepted paypal payment method. Upon payment, you agree to provide SPRhost Network with current billing and contact information and authorize SPRhost Network to bill all account and related charges to your paypal account on file. You further agree that until and unless you notify SPRhost Network of your desire to cancel any or all services received, those services will be billed on a recurring basis. You agree that prepayments will be billed and charged automatically, that SPRhost Network may apply the amount due to the provided card at any time, and will issue absolutely no refunds. If your subscription is denied for any reason on the first attempt, we will automatically attempt to resubmit for payment within ten business days of the original attempt. Should the payment be denied again, we may terminate the account. All files within the account may be deleted on termination. You may notify us in advance not to bill your paypal account, and to provide for alternative billing arrangements.
1) Users will have fifteen (15) days of due period to make payment. After fifteen (15) days of due period, SPRhost Network will charge an additional twenty-five ($25.00) dollars administrative fee. After thirty (30) days of due period, SPRhost Network will terminate or delete your account.
2) No receipts or invoices will be sent by regular mail.
3) All accounts are setup and billed on an anniversary basis.
4) SPRhost Network reserves the right to change prices at any time.
5) All payments are to be made in U.S. currency.
SPRhost Network will charge a fifty ($50.00) dollar processing fee for each individual chargeback. SPRhost Network will immediately suspend your account upon receipt of a chargeback. SPRhost Network will charge a five ($5.00) dollar payment resubmission fee if a payment is declined more than twice within any given year.
Web Site Content:
Full back-ups are made weekly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these back-ups. Back-ups are made for server restoration purposes only. You are responsible for keeping a copy of your most current web site files as backup on a remote system. SPRhost Network is not responsible for any lost files, information, or data. However, if any loss of data occurs due to an error of SPRhost Network, SPRhost Network will use reasonable efforts to recover the data at no charge to you. If data loss occurs due to your negligence in securing an account or due to an action on your part, SPRhost Network will use reasonable efforts to recover the data from the most recent archive for a fifty ($50.00) dollar fee.
Child Pornography on the Internet:
SPRhost Network will cooperate fully with any criminal investigation into a Customer's violation of the Child Protection Act of 1984 concerning child pornography. Customers are ultimately responsible for the actions of their clients over the SPRhost Network's network, and will be liable for illegal material posted by their clients.
According to the Child Protection Act:
child pornography includes photographs, films, video or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
Adult content is defined by SPRhost Network as any site or material whose dominant theme is either to appeal to a prurient interest in sex without any serious artistic, political, or scientific value; the depiction or description of nudity, including sexual or excretory activities or organs in a lascivious manner; or the depiction or description of sexually explicit conduct in a lascivious manner. (i.e., for entertainment purposes).
Sexually explicit conduct is defined as actual or simulated sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; beastiality, masturbation; consensual sadistic or masochistic acts; or lascivious exhibition of the genitals, pubic area, or breasts of any person.
As such, the following types of sites would not be permissable on SPRhost Network's Servers:
If you have any questions about whether the material you wish to place in your website is acceptable, email us at (info [at] sprhost.com.)
- Pornographic or sexually explicit image galleries
- Sites with sexually explicit advertisements or message boards
- Sites which sell sex toys or other merchandise intended for sale to adults only
- Sites which depict sex acts or sexually aroused people in graphic detail
- Sites which primarily contain sex stories without substantial literary, artistic, educational, or scientific value.
- Sites whose meta tags contain sexually explicit text, or which imply that the site contains Adult content (for example: "naked pictures", "sexy nude photos", or "hot young girls".)
- Sites which contain a mixture of adult content (as defined above) and non-adult content.
- Sites which serve to drive traffic to sites with Adult content, such as links lists or non-sexually explicit "teasers" for Adult sites
You may not initiate sites that provide any of the following content or links on the SPRhost Network / servers:
- Pirated Software (Warez) or any software that is copyrighted and not freely available for distribution without cost.
- Hacking, phreaking, viruses, anarchy, etc.
- IRC Bots, Spamware.
- Archives (music, video and program archives)
- Sexually explicit, obscene or pornographic content (whether in text or graphics)
- Speech or rtn-images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise) or that promote any illegal activity.
- Graphic violence.
You agree not to interfere with the operation of the system. You further agree not to interfere with the proper operation of other systems reachable through the Internet, including any attempt at unauthorized access. You agree to adhere to system policies as published by SPRhost Network, including restrictions on services available with each service type, restrictions on certain features, and all other policies. You agree to abide by any and all future SPRhost Network policy decisions. SPRhost Network reserves the right to terminate any account that does not conform to these requirements.
Email and Zero Tolerance Spam Policy: Updated Dec.01,2007
SPRhost Network takes a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Any user who sends out spam will have their account terminated without notice, and may be charged a one time administration fine of one hundred ($100) dollars if we can show proof that the user sent the e-mail from our servers or network. SPRhost Network reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. SPRhost Network also reserves the right to make any such modifications in an emergency at our sole discretion. As of this date we will no longer be able to Guarantee email service on our shared servers because of spam causing the IP address of the shared server to be blocked on some networks. We will do the best we can if the IP address is blocked to have it removed from the block list, although some networks will not remove the blocked IP.
Hosting Service Provider's Rights:
You agree that SPRhost Network has the right to monitor the service electronically from time to time and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. SPRhost Network reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this agreement. SPRhost Network also reserves the right to refuse refunds in cases where SPRhost Network believes abuse has taken place.
SPRhost Network reserves the right to monitor any and all communications through or with our facilities. You agree that SPRhost Network is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.
SPRhost Network does not set a usage limit on our Private Hosting customers, however if a customer consumes large amounts of system resources, SPRhost Network reserves the right to send an e-mail notice to the customer and set a limit on the customer's account.
You acknowledge 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. In no event shall the Company be liable for any special or consequential damages, loss or injury. Although many of our own network providers guarantee an uptime of 99% or more, we make no guarantees about uptime performance because we realize there are influencing factors that are outside of our control, and in most cases even outside the control of the data centers and network providers we work with.
Sharing of Account Space & Resale Restrictions:
You represent and warrant that the account you purchase is purchased either for yourself or on behalf of a client if you are a reseller. You agree that as a reseller, you are the individual solely responsible for all use of the account. SPRhost Network is not responsible for the way our resellers use their accounts. If a reseller account is suspended or terminated SPRhost Network reserves the right to suspend or terminate all accounts under that reseller. As a consequence a reseller's client's account may be suspended/terminated. In no way is SPRhost Network responsible for any of loss of data or fees as a result of a reseller account being suspended or terminated.
Hosting Accounts are indeed Disk Space per these terms of service. For all legal and practical purposes, the word "Disk Space", as used in any of our advertising or other material, shall be defined only by these terms of service. These accounts may not to be used to host a collection of MP3's, Warez, or media files. An account may not be used to backup your computer or another source. They may not be used for general storage of any type. All content stored on a hosting account must be directly used on the Internet by the website associated with that account. These accounts may not be used as a download distribution point for your software or files. They are to be used for standard web practices only. This means that all content stored on an hosting account must be used for normal website use. Un-normal usage is anything that a shared server would not be able to provide under standard circumstances. If your account requires resources that are not able to be provided by a shared server, we may require you to rent a dedicated server. If you are unsure of whether your account may violate this policy, please contact us prior to subscribing.
SPRhost Network will refund payments for the service within seven (7) days of account activation, with the exception of setup fees, domain registration fees and additional options charges. No refunds will be issued after seven (7) days, whether in full or prorated. All refunds will be issued back to the paypal account within thirty (30) days of receipt of cancellation. Accounts terminated by SPRhost Network for violation of the Terms of Service do not qualify for the 7-day money back guarantee. Account setup fees and domain registration fees are not refundable.
SPRhost Network may terminate this agreement and your access to any or all SPRhost Network related services at any time, with or without cause, effective immediately. SPRhost Network shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. Anyone determined by SPRhost Network to have violated these Terms may be barred from receiving any services from SPRhost Network.
You may terminate this Agreement at any time via email to the Sales dept. at SPRhost Network. You may not terminate the account via the telephone or Tech support email tickets, nor does simply canceling the credit card terminate an account. No refund shall be issued. All termination requests must be received by SPRhost Network by midnight two (2) before the end of the current billing period in order to avoid paying for the next term's service. Account cancellations for accounts with a negative balance will be passed on to collections, and all services rendered to the party with the negative balance, including domain registrations, will be terminated.
Relationship of the Parties:
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
Disclaimer of Warranties / Limitation of Liability:
The SPRhost Network Web hosting service is provided on an "as is", "as available" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. SPRhost Network expressly disclaims any representation or warranty that the SPRhost Network service will be error-free, timely, secure or uninterrupted. No oral advice or written information given by SPRhost Network, its employees, licensors or agents will create a warranty; nor may you rely on any such information or advice.
Under no circumstances, including negligence, will SPRhost Network be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the SPRhost Network Web hosting service, including but not limited to reliance on any information obtained on the SPRhost Network service; or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction or unauthorized access to SPRhost Network records, programs or services. You hereby acknowledge that this provision will apply whether or not SPRhost Network is given notice of the possibility of such damages and that this provision will apply to all services available from SPRhost Network.
Under no circumstances, under the terms of this agreement, shall damages include loss of business, or loss of profits whether based on breach of agreement, breach of warranty, tort, product liability or otherwise.
The terms of this section shall survive the termination of this agreement for whatever reason.
SPRhost Network retains all rights to the SPRhost Network web design interface provided to you through the SPRhost Network Web Hosting Services.
If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of SPRhost Network, SPRhost Network is unable to perform in whole or in part its obligations as set forth in this Agreement, then SPRhost Network shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make SPRhost Network liable to the User.
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
You agree to defend, indemnify and hold harmless SPRhost Network against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to reasonable attorneys' fees) or claims caused by or resulting indirectly from your use of the SPRhost Network service, without limitation or exception, including your violation of any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with.
You agree that your sole and exclusive remedy to any issues relating to the SPRhost Network Web Hosting Service is to discontinue using the Service.
In the event of a merger or consolidation of SPRhost Network, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.
The failure of SPRhost Network to enforce a provision of this Agreement shall not be construed as a waiver or limitation of SPRhost Network right to subsequently enforce and compel strict compliance with every provision of this Agreement.
Modification of Terms:
SPRhost Network reserves the right to modify this policy or account packages at any time and without advance notice, effective upon making the modified provisions available on the SPRhost Network Web Site. You are responsible for regularly reviewing these documents. Continued use of the SPRhost Network Services after any such changes shall constitute your consent to such changes. SPRhost Network does not and will not assume any obligation to notify you of any changes to these Terms.