You should be aware that by signing up for an account with SpotLinks LLC, you agree to position data on our servers, thus making it accessible to the wide public. In this sense, you accept that it is beyond the power of SpotLinks LLC to restrict such access and guarantee the security of your files. You are completely in charge of protecting your data on SpotLinks LLC servers, which suggests that you would better consider carefully any piece of information before uploading it to your newly allocated SpotLinks LLC server space. It is recommendable to avoid publishing personal data that could be abused online.
The order form completion represents the electronic signing of this document.
ENTIRE AGREEMENT; SERVICE AGREEMENT
SpotLinks LLC shall provide its Services to You (the Customer) under the Terms and conditions of this SpotLinks LLC Customer Agreement. The Agreement is intended to keep the integrity of both SpotLinks LLC and the Customer and to protect both parties from liability. This Service Agreement will be enforced to ensure the speed, power, performance, and reliability of our services.
Along with the Order Form and any other documents or agreements explicitly specified in this Agreement, the Customer Agreement constitutes the whole act of convention between SpotLinks LLC and the Customer, thus being the most significant document of the newly-established relationship. In case that a court of competent jurisdiction considers that any of the Agreement's provisions is invalid, unenforceable, or void, the remaining ones will completely reserve their validity.
Customer's side of the Agreement could be presented by the following parties: an individual with personal demands, being over 18 years of age; a legal entity such as a corporation, a limited liability company etc. that is consistent with state's law system. If a person represents the Customer for some reason, he/she should be legally authorized to act in his/her name, thus accepting, executing and delivering the Agreement.
You understand and agree that the Service is provided "AS-IS" and that SpotLinks LLC assumes no responsibility for the timeliness, deletion, failure to deliver or store any Customer communication or personalization settings.
SpotLinks LLC HOSTING SERVICES
A web hosting service is a type of Internet service that offers individuals and organizations the opportunity to host their own websites, and to store information, images, video, or other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. SSPs also offer periodic backup and archiving. SpotLinks LLC offers only web hosting services, not data storage services. A web hosting service consists of the following:
Bandwidth - Each hosting plan include prepaid bandwidth. Additional bandwidth is available. Contact sales department for more information. This bandwidth must be prepaid before using or otherwise the account will be suspended due to over-bandwidth usage.
Domains Hosted - SpotLinks LLC hosting plans include domain hosting. Each hosting plan has a limit of the domains hosted.
Domain Registration- available at discounted price only with purchasing web hosting account(s). Each web hosting account can use a maximum of one discounted domain name. Domain registrations are final and can not be refunded.
More detailed information regarding domain names can be found in the Domain Name Dispute Resolution Policy.
Disk Space - Additional disk space is available. Payment is accepted only in advance per year. Contact sales for more information.
IP Address - SpotLinks LLC hosting accounts do not include IP address. For many customers IP address is important for starting SSL hosts and that's why we allow purchasing IP addresses. Payment is accepted only in advance per year. Contact sales for more information.
MySQL Database(s) - is/are included in all hosting plans. Additional MySQL databases are available. Contact sales for more information.
MySQL Database Storage - Each web hosting plan has a fixed database storage quota. Additional MySQL database storage is available. Contact sales for pricing.
SSH - not included in hosting plans, but it is available. Contact sales for more information.
BACKGROUND OPERATIONS/PROGRAMS ON SERVERS
These programs, named cron jobs, can be continuously run by SpotLinks LLC in the background. Their provision suggests additional fee in accordance with system resources used and operational maintenance involved, if needed. Generally, SpotLinks LLC avoids placing complementary charges upon customers, providing the CronTab service that is integrated in the hosting Control Panel. Optional SpotLinks LLC Services. These services, including but not limited to: Site Studio, Mailing Lists and other services offered are provided WITHOUT WARRANTY and WITH NO GUARANTEE OF RESULTS. SpotLinks LLC ADDITIONAL SERVICES OR FEATURES AND VALUE-ADDED SERVICES OR FEATURES ARE OFFERED ON "AS IS" AND "AS AVAILABLE" BASIS. SpotLinks LLC REJECTS ANY IMPLIED WARRANTIES. ANY OF SpotLinks LLC'S EMPLOYEES, MANAGEMENT OR AFFILIATES MAY NOT BE HELD RESPONSIBLE OR THUS LIABLE FOR ANY POSSIBLE DAMAGES PROVOKING USE OR MISUSE OF ANY INFORMATION, CONTENT OR SERVICES PROVIDED BY SpotLinks LLC , INCLUDING DIRECT OR INDIRECT, PUNITIVE, AND INCIDENTAL DAMAGES RESULTING FROM ANY FAILURE TO PROVIDE SERVICES, SUSPENSION OR TERMINATION OF SERVICES.
All background operations / processes, beside the aforementioned cron jobs, are strictly forbidden.
SpotLinks LLC will guarantee 99.9% SpotLinks LLC network uptime and 99.9% network stability uptime. This, however, does not refer to problems stemming from:
Server Hardware Breakdown
User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, SpotLinks LLC is not responsible for the downtime)
Failures due to software that is not explicitly supported by SpotLinks LLC. Consequently, if a hardware crash provoked by the customer happens, SpotLinks LLC is beyond the control and responsibility for the resulting downtime.
A data backup is available on a daily basis. All the contents of a client's /www/ folder will be added to the backup, as well as all the databases that belong to the customer. The maximum space provided to a client for his backup is 5 GB of disk storage.
SERVER USAGE & HOSTED CONTENT
Server content MUST comply with the parameters stated in this TOS. Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. Customers should get in touch with a SpotLinks LLC Service representative regarding any inquiries over the matter.
If any of SpotLinks LLC Services are used for the illegal purpose of SPAM or UCE, then they will be instantaneously terminated.
Unauthorized Access. SpotLinks LLC expressly bans the use of any SpotLinks LLC hardware or software hosted on a SpotLinks LLC server for trying to illegally access another hosted machine or network.
Using SpotLinks LLC temporary URL - spotlinks.com is not defined as bandwidth stealing. However, customers are advised to use it temporarily and SpotLinks LLC does not bear the responsibility, if we change it afterwards - traffic processing there is not recommendable. It is not recommendable to use SpotLinks LLC temporary URL- spotlinks.com as a basic URL. Users are advised to redirect their traffic to their own domains.
Each customer will be able to take advantage of the package he/she has purchased at the introductory price levels and with one and the same set of features in the course of the whole contract period. SpotLinks LLC reserves the right to introduce certain changes to the packages (in the shape of complementary services) to the benefit of customers.
MONEY BACK GUARANTEE
PAYMENT, CHARGEBACKS AND RETURNED CHECKS
Customers should abide by our Order Verification Policy.
SpotLinks LLC contracts with PayPal Financial Services for chargeback procedures, thus avoiding its merchant accounts involvement. When signing up for a web hosting service with SpotLinks LLC, customers agree to AUP (this document) and the specified Terms & Conditions in this document. Thus, SpotLinks LLC will utilize this document as an evidence for the customer's agreement in cases of a chargeback inquiry on behalf of the customer based on points that the client tries to refute after he accepted them at the time of the order.
If, however, customer presents a valid motive for the refund required, having observed the afore-specified requirements, then SpotLinks LLC will process the money back procedures without hesitation. Any refund actions will immediately lead to web hosting account suspension and the customer's credit card will be charged back with the respective sum under the same payment order / authorization number.
SpotLinks LLC will charge customers with fees based on the fee structure at the time of the sign-up process. SpotLinks LLC reserves the right to introduce changes to the packages when needed regarding price and set of features. This means that the current price list at www.spotlinks.com may differ from the pricing and features of the customer's account.
When signing up for an account with SpotLinks LLC, the customer agrees to pay for the period of one year (365 days). SpotLinks LLC grants customers with 48 hours over the official payment period. In case that the payment has not been received, the account will be suspended.
Chargebacks are not considered as a way of refunding. Any customer who provides a credit card chargeback in response to a bill or order placed at SpotLinks LLC will be subject to collections and legal action. He/she will be charged $29.00, because when signing up with SpotLinks LLC, customers accept these terms and conditions, thus agreeing to observe them strictly.
WARRANTIES AND REPRESENTATIONS
SpotLinks LLC provides hosting services on an "as is" and "as available" basis without warranties or representations for its offering. The company bears no responsibility for connection problems, in cases when customers' hosting with SpotLinks LLC confronts with service interruption issues.
FREE DOMAIN NAME PROMOTION
SpotLinks LLC has a promotion and gives FREE domain names only to new customers of web hosting accounts. However, when the money back guarantee option is used the domain names must be paid $12.95 USD per year per domain name. Domain name owners will receive an account username and password to manage their domain names and they will be able to transfer the domain name(s) at will.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the SpotLinks LLC Services, you will not use the SpotLinks LLC Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not attempt to gain unauthorized access to any SpotLinks LLC Services, other accounts, computer systems or networks connected to any SpotLinks LLC Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SpotLinks LLC Services.
SpotLinks LLC reserves the right at all times to disclose any information as SpotLinks LLC deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of SpotLinks LLC.
SpotLinks LLC is within the capacity to refuse service to unlawful parties. SpotLinks LLC servers can be used explicitly for legal purposes only and each attempt for taking indecent advantage of the servers inconsistent with the rules will be immediately rejected. In this light, SpotLinks LLC expressly forbids any breach of Federal, State or Local regulation, including, but is not limited to the transmission of: Copyrighted material, material legally judged to be threatening or obscene and material protected by trade secrets.
SpotLinks LLC management will thoroughly scrutinize any of the received orders and decide to their own discretion which of them do not comply with the officially stated requirements for use of the company's servers. SpotLinks LLC servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult OR pornographic material, or any other material which is considered impermissible by the company including, but not limited to - pornography, adult materials, satanic materials, and any other materials of an adult nature.
Any dealings with third parties (including advertisers) included within the SpotLinks LLC Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. SpotLinks LLC shall not be responsible or liable for any part of any such dealings or promotions.
You agree that SpotLinks LLC, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service if you violate these terms.
SpotLinks LLC reserves the right to reject its service and terminate this agreement for a certain period of time or indefinitely upon customers' failure to pay. The customer then is considered a debtor to SpotLinks LLC and liable for reasonable interest and collection fees.
You are solely responsible for the content of your messages. Using the SpotLinks LLC Service in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise) is prohibited.
In consideration of your use of the Service, you agree to:
Provide true, accurate, current and complete information about yourself as prompted by the registration form of the Service.
Maintain and promptly inform us to update Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SpotLinks LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SpotLinks LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
When signing up for un account with SpotLinks LLC, each customer agrees to submit correct and up-to-date contact details, meaning that when introducing any changes to this information, he/she is obliged to notify SpotLinks LLC in the course of a 10-business-day period after the changes become valid. The introduction of changes should be done online through customer's Control Panel, not via e-mail. This requirement is also in force for SpotLinks LLC - customers will always be aware of any contact information changes that the company places within its website. This way, a flawless communication process between both sides is guaranteed.
You will receive a password and account designation upon completing the registration process of the Service. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. You agree to:
SpotLinks LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this.
Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.
Harm to SpotLinks LLC Servers - any attempts for doing harm to a server or customer of SpotLinks LLC Services are explicitly banned.
Acceptable Use of Services / Acceptable Access to Services - SpotLinks LLC will immediately and resolutely react to any attempt of use of an Internet account or computer by a SpotLinks LLC customer unauthorized by the account or computer owner. Such attempts include "Internet scamming" (tricking other people into releasing their passwords and etc.), password robbery, security hole scanning etc. It DOES NOT matter whether the attacked account or computer belongs or not to SpotLinks LLC Services, the fraud will be subject to actions based on the very nature of the attack which could be a warning, an account suspension or cancellation and civil or criminal legal action.
CPU usage (or usage of the Central Processing Unit(s)) on the web server Customer's account is hosted on is subject to some regulations. That means that each hosting account can take advantage of up to 10% of the CPU power for no longer than 180 seconds at any given time or 4,5% in the course of 24 hours. SpotLinks LLC strongly requires that customers be very judicious when using the CPU power for their accounts. Otherwise, we may suspend customer accounts in cases of registered impact on other accounts on the server or disturbance caused to the functioning of the server. If we do suspend an account, then its owner will be notified of that in consistence with the situation that this suspension may provoke. Then the account's owner may be required to upgrade to a dedicated or semi-dedicated web hosting solution. Possible alternative is a required reduction in the load and traffic that the customer's account gets. SpotLinks LLC reserves the right to block files or scripts that use CPU exceedingly and notify clients.
Customer agrees not to publish on or over its account any information, software or other content, which violates or infringes upon the rights of any others or which knowingly contravenes the laws of any jurisdiction in which such content is generally accessible.
Users are NOT allowed to send more than 300 e-mails per hour and/or 1500 e-mails per day per hosting account.
The Business and the Corporate plans are entitled to host up to 50,000 files. The Enterprise plans allows customers to host up to 200,000 files.
SpotLinks LLC offers generous amounts of disk space and network bandwidth. The customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, the Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file extensions) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files, which link to them. Furthermore, these files may amount to no more than 50% of the traffic that the Customer uses each month. If requested, the Customer should prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request.
MySQL usage: each database hosted on our system can be used only by the user who has created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in your account. The MySQL database has a limit of 45,000 queries per hour. If you have reached 45,000 queries per a given hour, you will not be able to make any more queries. In the next hour you will have access to the database again and the counter will be reset.
The access and error logs for all client's hosts in an account should not exceed 500 MB in total.
SpotLinks LLC does NOT allow sites that provide any content, points of distribution, or 'links' to sites that:
SERVICE EXPIRATION AND RENEWAL
The hosting service is active for one month (30 days) and one year (365 days) depending on the billing cycle. After that period of time, the account will be automatically suspended until the Customer renews it by paying the annual subscription. In case the Customer does not renew his hosting account, it will remain BLOCKED. The account's data will be kept for two months, after that it will be permanently deleted.
The redemption period is a registry level period of up to 30 days that occurs when a domain name is deleted after it expires without being renewed. Instead of just being deleted and returned to the pool of domain names available for registration, the registry holds the name in a REDEMPTION PERIOD. During this 30-day period, the original domain registrant may retrieve the domain name from deletion for an additional fee by contacting the registrar.
This extra 30-day period extends the time available to renew expired domain names. However, all names that enter the redemption period are removed from the zone files (the list of domains currently in the global DNS); therefore, any web site or e-mail services associated with the domain name will stop working.
After the 30-day redemption period there is a 5-day pending delete phase. When a domain is in this phase no one can retrieve the domain and it cannot be registered. After the 5-day pending delete phase the registry will release the domain name back into the public pool of available domain names.
We strongly recommend that you renew your domain registration before the domain name is placed in redemption. If your domain name is placed into redemption, we cannot prevent the zone files being removed from the DNS and your web site and any associated services will cease to work.
We can assist in retrieving your domain only if your domain was registered with us. If your domain was registered with another registrar, you must contact that registrar for information regarding retrieving your domain name. You will be charged with a REDEMPTION FEE of $180.00 USD for the domain registration renewal.
CUSTOMER WEBSITE; E-COMMERCE; CUSTOMER WARRANTIES/GUARANTIES
When buying an allocated space on SpotLinks LLC servers, customers agree to be fully responsible for the development, operation and maintenance of their web site, online store and e-commerce activities within that space. Each customer is in charge of all the products and services as well as of all contents and materials appearing online, including:
Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store.
Each Customer guarantees to SpotLinks LLC that he/she owns or possesses the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to SpotLinks LLC that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:
Any case of indecent treatment towards a SpotLinks LLC employee will be considered inappropriate. Each Customer is anticipated to conduct a professionally mannered communication with SpotLinks LLC employees regarding any requests for help through e-mail or by means of the Ticket Desk Support System. Each Customer should avoid applying any forms of written emotional outburst or cursing. Any attempts of deliberately undermining behavior will be interpreted as a breach of this TOS.
Other acts of treatment towards SpotLinks LLC employees that will be considered as unacceptable include any verbal, oral, written or delivered by a second party threats addressing SpotLinks LLC or any of its employees, partners, equipment, and concerns. Any forms of such threats will be interpreted as a breach of this TOS. SpotLinks LLC keeps the right to assess which behaviour will be treated as a breach of this TOS and to give no refunds to the users whose accounts have been suspended for violating the aforementioned rules.
SPAMMING IS PROHIBITED
We will determine in our sole discretion whether any of the messages you send are spam. For your information, spamming generally includes, but is not limited to:
The maximum number of allowed e-mail messages sent per hour is 300 and/or per day is 1500. There are no exceptions to this rule. Every customer who is sending more than 300 e-mail messages per hour and/or 1500 e-mail messages per day needs a dedicated server and cannot use a shared hosting account.
Forward Looking Statements: these refer to any predications within this website that are not based on objective facts and express expectations with regard to forthcoming events. Such statements cannot be treated as reality-based because it is possible that they happen to deviate from actual circumstances. Forward Looking Statements can be recognized by the availability of indicative words such as "believes", anticipates," "plans," "may," "hopes," "can," "will," "expects," "is designed to," "with the intent," "potential". However, their availability is not a compulsory requirement for a forward-looking statement to be treated as such.
FORCE MAJEURE CIRCUMSTANCES
SpotLinks LLC will be in an off-liability position as regards the failure or delay in doing its professional duties in consequence of circumstances beyond its control. Such circumstances could be provoked by acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.
This agreement constitutes the whole act of convention between the parties with regard to the agreement signed between them. It is not subject to any amendments, modifications, or any other alterations with the exception of changes introduced through a written instrument that is signed by the party to be charged.
This Agreement shall be interpreted in consistence with the laws of the State of Michigan, US.
This Agreement shall be in force and effect entirely to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. - The captions and headings contained in this TOS are aimed at facilitating the text comprehension. They are not a part of the very Agreement, and shall not limit or construe the provision they refer to. - This Agreement may be executed in counterparts, which will be considered as original.
Copyrighted material must not be placed on Customers' accounts without the permission of the copyright owners or people that are specifically authorized by the copyright owners. Only copyright owners or people specifically authorized by them may upload copyrighted material to the account.
Upon our receipt of a notice of a claimed copyright infringement containing the above information, after confirmation we will promptly remove the allegedly infringing material from the Services and carry out further procedures if necessary. We will assume no liability to any Customer of the Services for the removal of any such material.
Customer shall not have the right to assign this Agreement without the written permission of SpotLinks LLC. This Agreement shall be in force and effect to the total benefit of Customer and SpotLinks LLC and their successors and permitted assigns.
Revision date: 2/7/2012