Terms Of Services

Last Update On 19th-May-2024 Updated
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These Terms of Service Agreement are an agreement between SparkShift And you. This agreement sets in place the terms and conditions for the use of any products and services set forth by SparkShift. Please read carefully to ensure you understand our terms before purchasing any of our products or services.

Along with Terms of Service, The following general policies apply to all Our Services:

General Terms

We can't promise that the domain name you want will be available until we confirm it's registered.

When you register a domain, you need to follow the rules set by the domain authorities. Any disputes between you and others need to be sorted out between yourselves.

We'll only release your domain after you've paid for it in full, as per our rates.

If you don't pay on time, we might have to stop providing our services to you.

If you don't follow these rules and fail to fix things after we tell you, we might have to end our agreement.

If your business runs into financial trouble or you don't pay us, we might have to end our agreement.

If our agreement ends, we might have to block and delete your website's data.

We're not responsible for any harm your business suffers because of our services.

Account Eligibility

When you sign up for our services, you confirm that you're at least 18 years old. Our services are meant for adults. If you're under 18, you can't use them. If you sign up for someone else, you're saying you have the authority to do so.

You're only allowed to have one account. If we find you have more, we can cancel them without warning. Make sure the information you give us when you sign up is correct and up to date. Use a different email address than the one associated with your domain.

If we need to contact you, we'll use this email address. You're responsible for everything that happens with your account. Keep it safe and secure. If you order a dedicated IP, we might need a reason for it. The rules for getting an IP might change based on different internet authorities.

Website Migrations

We provide website migration as a courtesy, but cannot guarantee availability or time for the transfer. Please note that we only offer assistance with cPanel migrations; for other control panels, we are unable to facilitate the migration process.

User Content

You can upload, store, publish, display, and share information, text, photos, videos, and other stuff through our services (called User Content). This includes anything you post or that users of your websites hosted by us post. You're responsible for making sure your User Content follows this agreement.

We don't control or take responsibility for User Content or any info that goes through our systems. We don't keep an eye on User Content.

If you break this agreement, we might take action, like removing part or all of your User Content or your websites, or stopping our services, without giving you a refund. You agree that we're not responsible for any action we take to fix things.

Account Security and SparkShift Systems

It's your job to make sure that any scripts or programs you install under your account are secure and that the permissions for directories and files are set up correctly, no matter how you installed them. Ultimately, you're responsible for everything that happens under your account, including if someone gets hold of your username and password.

We provide our services, along with all the related equipment and networks, only for authorized customers. We might check our systems from time to time to make sure they're being used properly, to protect against unauthorized access, and to make sure our security procedures are working.

While we're checking, we might look at, record, or copy information for these reasons. By using our services, you agree to us checking our network for these reasons. If we find that an account is connecting to a network or system without permission, we might suspend it.

This includes things like denial of service attacks, trying to guess passwords, sending lots of unwanted emails, or posting spam on websites. If we get a report about abuse from someone else, we might suspend or close the account. If you don't remove the bad stuff after we tell you about it, we might keep your access to our services switched off. We might also charge you a fee for the abuse.

You have to pay the fee before we'll turn your account back on. We might change our fee schedule for abuse whenever we want. Here's what it looks like:

First notice: No charge, but we'll suspend your service if you don't do something about it within 12 hours.

Second notice: $5 penalty.

Third notice: Account termination.

Canceling Services

You or SparkShift can cancel a service. No one else can cancel it for you.

Customer Cancelling

To cancel, you need to ask. Use the Client Dashboard or send a message to our Billing Department.

There are two kinds of cancellation:

  • If you have shared or cloud web hosting, everything will be deleted right away.
  • If you have VPS or a dedicated server, we'll keep your data for up to 24 hours. No refund for VPS and dedicated server cancellations.

We aren't responsible for any lost data. Keep your stuff backed up!

SparkShift Cancelling

We might cancel a service for any reason. No refund for VPS and dedicated server cancellations. We won't warn you before we do it, and we aren't responsible for any lost data.

We might cancel if:

  • You break our rules or do something illegal.
  • If so, we'll try to sort it out first.

Billing and Payment

Make sure your payment info is current, and pay your invoices on time. You pay in advance for the services. If a payment is overdue, your service might get suspended.

If you're late with a payment, you might have to pay a late fee. Misusing payment methods is against the rules.

We issue invoices 7 days before they're due. If you don't pay within 7 days of the due date, we'll terminate your service and delete your data.

If you have a question about a charge, ask us. Don't dispute it with your credit card company without talking to us first.

Money-Back Guarantee

We offer refunds for certain plans within a specific time frame, usually 7 to 90 days. The refund policy for each plan is clearly stated.

Check our refund policy for more details. Breaking the rules means you won't get a refund.

Refund Policy

All refunds are at the sole discretion of SparkShift, including fees associated with primary services, additional features, and any setup fees previously assessed. Refund Process can take 5-7 days to be fully processed in your account.

Please check our refund policy for detailed information.

Domain Registration, Renewal, Transfer & Management Conditions

  • 1. Domain prices may vary based on internal system policies.
  • 2. The listed pricing doesn't apply to premium domains.
  • 3. Once a domain is registered or transferred, it's locked for 60 days as per ICANN's transfer policy.
  • 4. No refunds or replacements for domain services after registration or transfer.
  • 5. DNS management is limited to changing name servers on our site; contact support for other DNS configurations.
  • 6. After domain expiry, auth and unlocking aren't available; renew with us before transferring.
  • 7. Expired domains may not appear in your account due to registry deletion processes.
  • 8. We're not liable for expired domains; we may attempt renewal upon payment.
  • 9. Redemption or grace fees may apply post-expiration, ranging from 8000 to 15000 INR.
  • 11. Our domain management tool is in beta; contact us for issues.
  • 12. We're not an ICANN accredited registrar; we use reseller panels and APIs.
  • 13. Real-time domain registration isn't available; activation can take up to 48 hours.
  • 14. Domains can be ordered by multiple users simultaneously; ownership goes to the first payer.
  • 15. Simultaneous payments lead to ownership disputes.
  • 16. Ownership disputes are resolved via group discussions; otherwise, the domain is deleted.
  • 17. Domains violating our terms or reported for misconduct can be deleted anytime.
  • 18. Country TLDs require additional eligibility criteria and documents; non-compliance leads to suspension.
  • 19. Free domains (.COM & .IN) are included with selected plans; renewal required upon plan expiry.
  • 20. Our domain search system is in beta and may not detect premium domain prices.
  • 21. Promotional prices and codes are for new domain registrations only; misuse leads to order cancellation.

Prohibited Uses

The following uses are prohibited:

  • Using our services to infringe upon copyrighted material. If you believe your copyrighted content has been infringed upon, please contact [email protected].
  • Using our services to host child pornography.
  • Using our services to harm other networks or computers, including but not limited to Denial of Service attacks, brute force attacks, etc.
  • Using our services to send bulk amounts of email (more than 1,000 emails per day), including spam. Obtain permission before sending bulk mail; violators will be referred to SpamHaus.

Prohibited Materials

The following materials are prohibited at all times on our servers:

  • IRC Scripts and Bots.
  • IRCD (IRC servers).
  • Proxy Scripts, Anonymizers (including Shadowsocks).
  • Image Hosting Scripts (similar to Photobucket or Tinypic).
  • AutoSurf, PTC, PTS, PPC sites.
  • IP Scanners.
  • Bruteforce Programs, Scripts, and Applications.
  • Mail Bombers and Spam Scripts.
  • Banner Ad services (commercial banner ad rotation).
  • File Dump and Mirror Scripts (similar to Rapidshare).
  • Commercial Audio Streaming (more than one or two streams).
  • Escrow and Bank Debentures.
  • High Yield Interest Programs (HYIP) or Related Sites.
  • Investment Sites (FOREX, E-Gold Exchange, Second Life or Linden Exchange, Ponzi, MLM, Pyramid Scheme).
  • Sale or distribution of any controlled substance without prior proof of appropriate permit(s).
  • Lottery, Gambling SitesMUDs, RPGs, PBBGs.
  • Hacker-focused sites, archives, programs.
  • Sites promoting illegal activities.
  • Forums and websites that distribute or link to warez, pirated, illegal content.
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org and escrow-fraud.com).
  • Push-button mail scripts (permission required).
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc).
  • Tell A Friend Scripts.
  • Anonymous or Bulk SMS Gateways.
  • Bitcoin or Any Virtual Currency Miners.
  • PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate programs, etc).

CPU, Bandwidth, and Disk Usage

All use of hosting space provided by SparkShift is subject to the terms of this agreement and the Acceptable Use Policy.

Hosting space may be used only for web files, active email, and content of user websites. Space may not be used for storage, including offsite storage of electronic files, email, or FTP hosting. We will review and notify you in the event of excessive CPU or disk usage. Excessive CPU usage is defined as such usage that significantly impacts other users’ ability to use their services.

If you are using unlimited/unmetered hosting, please check our Unlimited Policy for specific details. For all plans, we have specified the limits for RAM, EP, and CPU cores. If any user exceeds these limits more than 5 times in a day, an upgrade will be required. Failure to upgrade will result in the cancellation of your service and a refund will be provided after deducting the usage days amount.

For dedicated servers and VPS, you are responsible for managing resources as these are self-managed services. If your server is using high resources, you may experience slow speeds or server downtime due to high traffic. In such cases, we are unable to provide assistance. We do provide rescue access for both VPS and dedicated servers, but they remain self-managed.

Email Sending Policy

We do not guarantee that emails sent from our servers will not be marked as spam. In shared and reseller hosting environments, multiple users share the same IP address, which increases the likelihood of emails being classified as spam. We recommend using Google Workspace or any third-party mail service such as Zoho or SendGrid for all email-related needs.

We are not responsible if email sending is not working. While we will check the issue, we do not guarantee email delivery.

Our email accounts provided with hosting plans are not intended for marketing or spam activities. If any user is detected engaging in suspicious activities, their email sending capability will be blocked from our backend. We monitor all users' emails, and if any user is found sending bulk emails, we will suspend their email sending privileges, but not the entire hosting account.

Our email accounts are meant for normal communication, not for bulk mailing or bulk sending.

Uptime Guarantee

If your shared or premium server has a physical downtime that falls short of our 100% uptime guarantee, you may receive 1 month of credit on your account. This uptime guarantee does not apply to planned maintenance or acts of God.

Server uptime is defined as the reported uptime from the operating system and the webserver which may differ from the uptime reported by other services. To request an uptime credit, please open a ticket with our Billing department.

Please note that uptime guarantee requests must be submitted within 7 days of the actual downtime. Uptime guarantees for dedicated servers include only network uptime. Events including but not limited to failure of a part, a DDoS attack, or an act of god are exempt from the uptime guarantee.

Backups and Data Loss

Your use of our services is at your sole risk. We store backups for the last 2 days only, and we do not guarantee the availability or integrity of these backups, as they are provided as a courtesy. If you require guaranteed backups, please contact our support team. We offer paid backup services to your Google Drive or via SFTP/FTP at reasonable prices, depending on storage and plan.

Limitation of Liability: In no event will SparkShift, its directors, employees, or agents be liable to you or any person for any direct, consequential, incidental, special, or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites, or any other materials accessed or downloaded through the services, even if SparkShift is aware of the possibility of such damages.

Affiliate Terms

The Affiliate Program is available for shared and cloud hosting only. Affiliate accounts must be approved by our team manually; otherwise, the payout will be declined. We offer a 20% commission on all hosting, except for Cloud VPS and Dedicated Server.

Hosting sales can be tracked by both promo codes and links. The promo code is the primary tracking method in our system, so if any user uses the promo code, the affiliate commission will belong to the owner of that promo code.

Contact support to get your promo code. The payout for hosting sales will be given after 30 days of the sale. You can receive payouts via Paytm, PayPal, UPI, or Bank Transfer.

The minimum balance for withdrawal is ₹1000 INR. All orders will be manually checked before payout. If orders with the same IP or any links indicating that you purchased the service from two different accounts are found, your affiliate account will be deactivated, and you will not receive any payouts or credits.

Services KYC Verification Updated

User Verification
All users, new or existing, are required to complete a KYC (Know Your Customer) verification process via WhatsApp OTP and Email OTP. This ensures the authenticity and legitimacy of users, enhancing transparency and security within our community.

Why KYC is Required?
KYC verification helps us maintain a secure and trustworthy environment by confirming user identities. This process reduces the risk of fraudulent activities and enhances the overall safety of our platform.

Emergency Contact and Abuse Reporting
Verified user details can be used in emergencies or to address abuse reports promptly, ensuring swift and effective action to maintain community safety.

Direct User Connection
Successful KYC verification establishes a direct and trustworthy connection between users and our platform, streamlining communication and improving the user experience.

Data Security
We prioritize the confidentiality and security of user data. Information provided during KYC verification is securely stored and used exclusively for verification purposes as outlined in our privacy policy.

User Consent
By completing the KYC process, users consent to the verification procedures and agree to our terms and conditions, understanding the importance of maintaining a secure community.

By completing the KYC verification via WhatsApp and Email OTP, you affirm your understanding and acceptance of these terms. Please read them carefully before proceeding.

Indemnification

You agree to indemnify, defend, and hold harmless SparkShift, our affiliates, and our respective officers, directors, employees, and agents. The terms of this section shall survive any termination of this agreement.

Last Update On 19th-May-2024