This Web Hosting Agreement is between Bright-Spark Media Hosting Ltd and the customer who purchases a direct product with ourselves. Please read carefully to ensure you understand our terms before purchasing any of our products or services..
Bright-Spark Media Hosting Ltd agrees to provide the services stated for the price agreed at any given time. We do not miss lead customers with hidden costs unlike many other web hosting companies.
Renewal notices are emailed three days before the actual renew date in your account. If you are using a credit card you will not have to worry about manual payments. All accounts are set up on a pre-pay basis. If payment is not received within 7 days a $5 fee may be added. Bright-Spark Media Hosting Ltd reserves the right to change prices at any time unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notified Bright-Spark Media Hosting Ltd to request for termination of services. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length unless cancelled beforehand. There is no fee for cancelled accounts that have been paid for yearly. If you cancel an account on the monthly billing cycle Bright-Spark Media Hosting Ltd cannot refund any payments made before.
All annual payments are non-refundable once the money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.
Cancellation and Early Termination
Customers must acknowledge that the services bought are based on customers agreement to pay the fee for the initial term or renewal term.
Any attempt to undermine or cause harm to a server or customer of Bright-Spark Media Hosting Ltd is strictly prohibited.
Bright-Spark Media Hosting Ltd will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include ‘Internet scamming’ (tricking other people into releasing their passwords), password theft, security hole scanning, etc.
Any unauthorised use of accounts or computers by YOU, whether or not the attacked account or computer belongs to Bright-Spark Media Hosting Ltd, will result in action against YOU. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE – Bright-Spark Media Hosting Ltd has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, upload scripts (Rapidleach etc.), pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, provision of free hosting, spamdexing, FFA (Free-For-All) and/or anything else determined by Bright-Spark Media Hosting Ltd to be unacceptable use of our services including abuse of server resources.
WEB APPLICATIONS and WEB ACCESSIBLE SCRIPTS – All web applications that are out-of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Services may also be terminated if it is used for the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); Displaying material that exploits children under 18-years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Disk Space Abuse
Bright-Spark Media Hosting Ltd will be the sole arbiter as to what constitutes a violation of this provision. You are responsible for monitoring your disk space usage. If you need extra disk space contact one of our staff and they will be happy to help out. You can also upgrade your hosting plan from inside your Bright-Spark Media Hosting Ltd client account.
The intention of Bright-Spark Media Hosting Ltd is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Traffic will go unmonitored until YOU reach the amount of quota allocated to YOUR specific PLAN or in line with our AUP and other policies. Bright-Spark Media Hosting Ltd will be the sole arbiter as to what constitutes a violation of this provision.
Customers agree to use our services under the Acceptable Usage Policy which is hereby incorporated with this agreement. Customers agree that Bright-Spark Media Hosting Ltd hold the right to change their AUP at any time to meet web hosting standards and laws. Amendments to the AUP are effective immediately once published to our website. Customer agrees to cooperate with Bright-Spark Media Hosting Ltd reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Bright-Spark Media Hosting Ltd and Customer regarding the interpretation of the AUP.
Customer represents and warrants to Bright-Spark Media Hosting Ltd that the information he, she or it has provided and will provide to Bright-Spark Media Hosting Ltd for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Bright-Spark Media Hosting Ltd that he or she is at least 18 years of age. Bright-Spark Media Hosting Ltd may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
Unsolicited Email and Spamming
Unsolicited commercial advertisements (‘SPAM’) are not allowed in e-mail, and will likely result in service termination. Bright-Spark Media Hosting Ltd takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deleted.
The following activities are not allowed: SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers – any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (‘mail bombing’); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, the frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE – If YOU use the services of another provider to promote a website hosted by or through Bright-Spark Media Hosting Ltd (‘spamvertising’), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
99.9% Uptime Guarantee
(1.) COVERAGE – This 99.9% uptime guarantee applies to any Customer in good financial standing with Bright-Spark Media Hosting Ltd at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT (‘SLA’) & SPECIFICATIONS – Bright-Spark Media Hosting Ltd endeavours to have our servers available for access 99.9% of the time. Network downtime (‘unavailability’) is defined as 100% packet loss from Bright-Spark Media Hosting Ltd to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Bright-Spark Media Hosting Ltd’s online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Bright-Spark Media Hosting Ltd NOC.
Bright-Spark Media Hosting Ltd’s administrators will determine the end of the downtime by a traceroute to YOUR machine from outside the Bright-Spark Media Hosting Ltd network.
(3a.) HOSTING CREDITS – In the event that YOUR website is unavailable for less than 100%, Bright-Spark Media Hosting Ltd will credit the following month’s service fee as follows. YOUR credit shall be retroactive and measured in 24 hours a day of a calendar month, with the maximum credit not exceeding 50% of the monthly service charge for the affected month.
– 95% to 99.9% – YOUR account will be credited 10% of your monthly hosting fee
– 90% to 94.9% – YOUR account will be credited 20% of your monthly hosting fee
– 89.9% or below – YOUR account will be credited 50% of your monthly hosting fee (3b.)
Credit shall not be provided to YOU in the event that you have any outage resulting from:
– scheduled maintenance as posted from time to time at Bright-Spark Media Hosting Ltd,
– your behaviour or the performance or failure of your equipment, facilities or applications,
– circumstances beyond Bright-Spark Media Hosting Ltd’s reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labour disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration/transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site,
– YOU breaking any agreement policy in Bright-Spark Media Hosting Ltd’s ‘Terms & Conditions and AUP’ causing a machine to fail as a result.
Technical Support Boundaries
Bright-Spark Media Hosting Ltd provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues under our control.
We do our best to provide scripts, templates and programming languages advice. However, under no circumstances is Bright-Spark Media Hosting Ltd obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.
Customer agrees to indemnify and hold harmless Bright-Spark Media Hosting Ltd, Bright-Spark Media Hosting Ltd’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorney’s fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS Bright-Spark Media Hosting Ltd AGAINST LIABILITIES ARISING OF:
(1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Bright-Spark Media Hosting Ltd’S SERVER.
(2) ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
(3) COPYRIGHT INFRINGEMENT AND
(4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Bright-Spark Media Hosting Ltd’S SERVER.
Suspension of Services/Termination
Customer agrees that Bright-Spark Media Hosting Ltd may suspend services to Customer without notice and without liability if: (i) Bright-Spark Media Hosting Ltd reasonably believes that the services are being used in violation of the AUP or TOS; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Bright-Spark Media Hosting Ltd reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. Customer shall pay Bright-Spark Media Hosting Ltd reasonable reinstatement fee if service is Bright-Spark Media Hosting Ltd following a suspension of service under this subsection.
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Bright-Spark Media Hosting Ltd fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Bright-Spark Media Hosting Ltd prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon five (5) days’ notice if Customer is overdue for the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Bright-Spark Media Hosting Ltd describing the violation in reasonable detail; (iii) upon one (1) days’ notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days’ notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this Agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However in extreme cases such as, an account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example, if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.
Request for Customer Information
Customer agrees that Bright-Spark Media Hosting Ltd may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Bright-Spark Media Hosting Ltd believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Customer agrees to maintain a current copy of all content hosted by Bright-Spark Media Hosting Ltd not withstanding any agreement by Bright-Spark Media Hosting Ltd to provide backup services, which are provided on a best effort basis. We do not allow our hosting accounts to be used to store backups or to be used as file storage. We do not allow our servers to be used to store email archives.
Request for Restore of Hosting Package
During any service term, the customer may request up to one free restore for any reason of choice. If a customer should need to request a restore after this a £5 one-time fee may be enforced per restore.
All files stored on Bright-Spark Media Hosting Ltd’s servers must be legally-owned and be accompanied with a valid license and/or copyright. This includes and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account; the files will be subjected to deletion.
Cancellation of Services
Bright-Spark Media Hosting Ltd reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Bright-Spark Media Hosting Ltd if we institute our right of cancellation, unless a violation of TOS, AUP or other policy has taken place.
Promotional Rates and Special Offers
Bright-Spark Media Hosting Ltd may offer subsequent promotional rates or special offers, the terms of which may or may not be more favourable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together. We reserve the right to remove any promotional terms or rates at any time.
We have various special promotions that include a domain name. The cost of this domain name is usually covered by the first month’s payment. As a result of this, our promotions, are not refundable and are not covered by our 60-day money back guarantee.
Intellectual Property Rights
Material accessible to you through Bright-Spark Media Hosting Ltd’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Bright-Spark Media Hosting Ltd or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Bright-Spark Media Hosting Ltd network. If YOU use a domain name in connection with Bright-Spark Media Hosting Ltd or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the Bright-Spark Media Hosting Ltd network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorised to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organisation’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crashes a host or network. Bright-Spark Media Hosting Ltd will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Domain Name Registration
YOU agree to pay Bright-Spark Media Hosting Ltd prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Bright-Spark Media Hosting Ltd price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, cancelled or transferred prior to the end of YOUR then current registration term. Bright-Spark Media Hosting Ltd reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Bright-Spark Media Hosting Ltd to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Bright-Spark Media Hosting Ltd) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Bright-Spark Media Hosting Ltd as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Bright-Spark Media Hosting Ltd will reinstate YOUR domain name registration solely at Bright-Spark Media Hosting Ltd’s discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar to Bright-Spark Media Hosting Ltd
YOU agree to pay Bright-Spark Media Hosting Ltd prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the Bright-Spark Media Hosting Ltd price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
– No response from the Registered Name Holder or Administrative Contact
– Domain name in Registrar Lock Status
– Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
Bright-Spark Media Hosting Ltd reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from Bright-Spark Media Hosting Ltd to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Bright-Spark Media Hosting Ltd) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to Bright-Spark Media Hosting Ltd as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Bright-Spark Media Hosting Ltd will reinstate YOUR domain name registration solely at Bright-Spark Media Hosting Ltd discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain away from Bright-Spark Media Hosting Ltd
Bright-Spark Media Hosting Ltd reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
– No response from the Registered Name Holder or Administrative Contact
– Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
– Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Bright-Spark Media Hosting Ltd will not be held liable for the failure of a domain name transfer for any reason.
Domain registrations are non-refundable. Please do not purchase the domain name until you are certain that it is exactly what you would like to buy.
Bright-Spark Media Hosting Ltd reserves the right to refuse service to anyone. YOU may only use Bright-Spark Media Hosting Ltd server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws. Examples of non-acceptable content or links: ‘Pirated Warez’, OGG, AVI, MPEG, ISO, ‘Hacker programs or archives’, ‘Copyrighted Digital Movie Copies (DIVX)’ and ‘Unlicensed MP3’. The designation of any materials as such described above is left entirely to the discretion of Bright-Spark Media Hosting Ltd management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Bright-Spark Media Hosting Ltd may disclose any and all YOUR information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in the United Kingdom, and any dispute will be litigated or arbitrated in the United Kingdom. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in UK courts. IN NO EVENT SHALL Bright-Spark Media Hosting Ltd’S MAXIMUM LIABILITY EXCEED TWO HUNDRED (US$200.00) Dollars.