Standard Services Terms and Conditions
The provision of Services between Sparks Creation Company (“Sparks Creation”) and the Customer is effective upon the acceptance by Sparks Creation of the Application (either by the commencement of provision of the Services to the Customer, by Sparks Creation taking any action in connection with or in preparation for (whether or not to the knowledge of the Customer) the provision of the Services or by other means as determined by Sparks Creation and notified to the Customer from time to time). All customers agree to comply with Standard Services Terms and Conditions set out herein below and all supplementary terms posted on web site www. sparkscretion.com.hk
Any act or attempt to undermine or cause harm to our servers, computers or clients is prohibited.
Unauthorized Use of Other People’s Accounts or Computers
Any unauthorized use or attempted use of an internet account or computer of ours or our other clients is prohibited. Such acts include “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning, etc.
Spamming and Harmful Activities
Our servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, mail bombs, subscribing someone else to a mailing list with that person’s permission, hacking, spoofing, or any similar activity. Your domain may not be referenced as originator, intermediary or reply-to address in any of the above. Spamming via other hosting facilities which in turn contain links to a domain on our network is also prohibited. We consider spam any mass unsolicited messages or similar activity. You may not use our services or servers for disseminating or hosting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, cancelbots or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information. If we believe that you have violated this rule, we have the right to immediately, without notice, disable your domain and terminate service until we have acceptable assurance that you will abide by this rule. We similarly have the right to refuse or terminate service to you if we suspect that you will violate this policy. In addition, any site selling or promoting bulk e-mail services is also prohibited.
Each hosting account comes fully equipped with its own pre-configured CGI scripts. You may use any CGI scripts provided with your account or add any additional ones you desire; provided, however, any of your CGI scripts that we determine adversely affects our server performance or our network integrity may be shut down without prior notice to you and prohibited from future use. CGI script sharing with domains not hosted by us is not allowed.
We do not allow IRC or IRC bots to be operated on our servers.
Use of our servers or services in any manner in violation of the Hong Kong Special Administrative Region (Hong Kong) law, rule or regulation is prohibited. Such prohibited use includes, but is not limited to, disseminating, posting or storage of any material in violation of any local law, rule or regulation. Our servers and services may not be used for the propagation, distribution, housing, processing, storing or otherwise handling in any way lewd, obscene, pornographic or satanic materials. Also included is the posting or trafficking in government secrets, providing any information to in any way assist or encourage any terrorist activities, providing any information concerning nuclear or biological weapons or other weapons of mass destruction, posting or trafficking in obscene material, solicitation of a minor or others for illegal acts, dealing drugs, harassment, fraud, stalking, abuse or other subject matters that are prohibited under applicable of the Hong Kong Special Administrative Region (Hong Kong) law, rules or regulations.
We do not allow online gambling activities to be operated from our servers.
You may not use our services or servers to post or disseminate in any manner, any information or material which may be dangerous, damaging, defamatory, libelous, slanderous, scandalous, private information or injurious to persons or property which, directly or indirectly, may be used to create danger, damage or injury to persons or property, nor may you use our services or serves to inflict emotional distress make unlawful threats, stalk, interfere with any contract or prospective relationships or engage in sexual or other harassment.
You may not use our services or servers to post or disseminate in any manner, any information or material which infringes the intellectual property rights or other proprietary rights of any third party, including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right used with proper authorization. Infringement may result from, among other activities, the unauthorized copying and posting of pictures, logos, software, articles, musical works and videos.
You may not offer or disseminate fraudulent goods, services, schemes or promotions (i.e., make money fast schemes, chain letters, pyramid schemes, ponzi schemes) or fraudulently use any information obtained through the use of our servers or services, including, without limitation, unauthorized use of credit card numbers.
You shall provide us with true and correct contact information, shall correct any inaccurate information and assist us, from time to time, in verifying the accuracy of such information.
You shall pay, on a pre-paid basis only, for the particular program you select according to our then published rate. If you fail to pre-pay, we will terminate your service at the end of your pre-paid period. You may choose the period to pre-pay. Although you may cancel your account at any time by giving us written notice of cancellation, there is no refund of any prepaid amounts. Please also notice that there is no refund of the pre-paid amount on account upgrade/downgrade cases. All payment/services fee such as Web Hosting Services fees, Domain Registration fees & pre-payments are non-refundable. All payments are to be made in HKD. In the event you violate any of our above provided policies or you fail to timely pay us and your service is terminated, then you will, in addition to all other fees, pay to us $100 if such violation results in a termination of your web site plus and additional $100 if you cause us to reinstate your web site. In addition, you shall pay a $100 processing fee if any cheque given to us is not honored and paid or if you cause any credit card payment to be reversed.
To make a cancellation request, you will need to contact us via Phone or Online Helpdesk. You must include your Account Domain Name and Account Password for the account which you wish to cancel hosting for.
In addition to the service terminations specifically herein provided, we reserve the right in our sole discretion to refuse or terminate service to you at any time. We may, but need not, give you notice of such termination or of a suspected Violation of any of our policies. Such notice may, but need not, contain such warning, suspension or possible account terminations as we from time to time in our sole discretion determine advisable. We also reserve the right to remove materials from your web site at any time if we determine in our sole discretion that such content or materials violates our policies or this service agreement. Your pre-payment of your accounts that is terminated due to our determination of a violation of one or more of our policies will not be refunded. You agree to pay to us our costs, including reasonable attorney fees, incurred as a result of our investigation and/or defense of any third party claiming that your Web site violates or infringes on their rights. We have the right to require pre-payment of such fees. We are, however, under no obligation to conduct any investigation and may, if we choose, terminate your service upon receipt of such third-party claim or upon our own action. In the event of a termination of services, your files and data stored on our computers will be deleted after such termination.
Terms of Data Transfer
Data transfer limits for our hosting plans are listed in the service description. Any client who exceeds this limit will be notified by Sparks Creation to resolve the situation and be given options for upgrading your account.
If you use a high amount of server resources (such as, but not limited to, CPU Time, Memory Usage, and Network Resources) at our election, you may be given an option of either upgrading the service level or reducing the resource used to an acceptable level, or your use of our servers may be limited. The general guideline is as follows:
Processes invoked by the web server, cron, shell or any other method should not exceed the following limitations:
Consume more than 16 MBs of RAM.
Utilize in excess of 15 seconds of CPU time.
Number of open files should not exceed 64.
Number of simultaneous processes should not exceed 5.
Core dump files should not be created by scripts.
Execute a script/binary that forks in a way to create a fork bomb.
Send outbound mail to more than 25 recipients at any given time.
All users are restricted to 15 concurrent MySQL connections.
Each database is restricted to 500 MBs of disk space.
Database queries should not exceed 2,000 per hour.
Database changes (insert/update/delete) should not exceed 500 queries per hour.
Although we have backup service to generate daily/weekly backup, but we cannot guarantee the accuracy of the backup files. Customer should do their own backups. Sparks Creation will not responsible for any data loss due to account cancellation and / or server mal-functions and / or hacker attack. No remedy will be provided to client in any case of data loss.
You agree and promise to defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, our agents, our clients, our officers and our employees, that may arise, result, or be threatened as a result of your actions, property or services sold or licensed by you, or the actions of your employees, agents or assigns, including, but not limited to: (1) any injury to person or property caused by any products sold or distributed in association with our services; (2) any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party; (3) your copyright infringement; (4) any defective products sold by you that are connected to our servers or services (5) investigation of any alleged violations of our policies.
WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGES TO YOU OR YOUR BUSINESS AS A RESULT OF OUR ACTION OR FAILURE TO ACT. WE MAKE NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES WE PROVIDE. WE DISCLAIM ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF SUCH SERVICES. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS YOU MAY SUFFER WHETHER OR NOT CAUSED BY US OR OUR EMPLOYEES OR VENDORS. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO US FOR THE ONE (1) YEAR PERIOD PRIOR TO ANY ACT OR OMISSION GIVING RISE TO SUCH DAMAGES.
Sparks Creation may update, amend, modify or supplement the terms and conditions of this Agreement from time to time without notice. The latest terms and conditions can be obtain on web site www.sparkscretion.com.hk .
Governing Law and Jurisdiction
The Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (Hong Kong). The parties submit any difference or disputes arising in connection with the Agreement to the non-exclusive jurisdiction of the courts of Hong Kong.