This Terms of Service (“TOS”) governs the use of Sproutserver.com (“Sproutserver”) web hosting service.
- Acceptance of Terms
Sproutserver provides its service to you subject to the following TOS, which may be updated by us from time to time without notice to you. The most current version of the TOS will always be displayed here on this page. In addition, when using particular Sproutserver owned or operated services, you and Sproutserver shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
- Description of Service
Sproutserver provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the “Service”). You also understand and agree that the Service may include certain communications from Sproutserver, such as Service announcements, administrative messages and the occasional Sproutserver newsletter, and that these communications are considered part of Sproutserver membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Sproutserver properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Sproutserver assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
- Your Registration Obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:
- provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and
- Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Sproutserver has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sproutserver 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).
Sproutserver is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 6 below) are appropriate for your child.
- Member Account, Password and Security
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to
- immediately notify Sproutserver of any unauthorized use of your password or account or any other breach of security, and
- Ensure that you exit from your account at the end of each session. Sproutserver cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
- Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Sproutserver, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Sproutserver does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, pornographic, indecent or objectionable. Under no circumstances will Sproutserver be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a Sproutserver official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party. This includes linking to or redirecting to any content or copyright files hosted on a 3rd party resource / servers;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Upload, post, email, transmit or otherwise make available any material that is of broadcast / streaming types.
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- “stalk” or otherwise harass another; and/or
- Upload, post, email, transmit or otherwise material for the purposes of file distribution, relay, or streaming reasons.
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in the fourteen points above.
Use of Copyright Material and Proof of Ownership of Content
Sites must not contain Warez, copyright or other illegal material including links or redirects to copyright material hosted on 3rd party websites / resources. The onus is on you the customer to prove that you own the rights to publish material, not for Sproutserver to prove that you do not. Sproutserver does not allow the propagation or distribution of copyright material, files or warez under any circumstances.
Acceptable Server Resource use
Sites must not use excessive amounts of server resources. Please see the Acceptable Use Policy.
Scripts on the site must be designed to produce web-based content, and not to use the server as an application server. Using the server to generate large volumes of email from a database is an example of activity that is not allowed. Scripts should not attempt to manipulate the timeouts on servers. These are set at the present values to ensure the reliability of the server. Sites that reset these do so because they are resource intensive, and adversely affect server performance and are therefore not allowed. Scripts that are designed to provide proxy services, anonymous or otherwise, are not allowed.
The primary purpose of any script must be to produce a web page. Scripts that send a single email based upon user entered information, or update a database are acceptable. Scripts that send bulk email or perform processor intensive database processes are not allowed. All outgoing mail is monitored and filtered and must be sent to or from an Sproutserver hosted domain.
Sites must not contain scripts that attempt to access privileged server resources, or other sites on the same server.
Usage of Disk Space
Sproutserver provides space for legitimate web site content and bandwidth for visitors to view it. All files on a domain must be part of the active website and linked to the site. Sites should not contain any backups, or other non-web based content. Multimedia content such as audio and video is acceptable provided it is streamed to the user.
Right to suspend / terminate hosting services
We reserve the right to suspend or terminate any hosting services if a website/hosting service consumes excessive server resources or effects other websites / hosting services on a shared or clustered hosting server. Excessive resource usage can constitute any form of server usage calculated and determined at the discretion of Sproutserver. Sproutserver reserves the right to suspend service at any time without prior notice if or when the health or normal running / performance of a service is effected / degraded by a website or hosting service.
You acknowledge that Sproutserver may or may not pre-screen Content, but that Sproutserver and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Service. Without limiting the foregoing, Sproutserver and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Sproutserver or submitted to Sproutserver, including without limitation information in Sproutserver Message Boards and in all other parts of the Service.
You acknowledge, consent and agree that Sproutserver may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
- comply with legal process;
- enforce the TOS;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests for customer service or;
- Protect the rights, property or personal safety of Sproutserver, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve
- transmissions over various networks; and
- Changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Sproutserver and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
- Nature of Communications on Sproutserver Network
When you register with Sproutserver, you acknowledge that in using Sproutserver services to send electronic communications (including but not limited to email, uploading photos and files and other Internet activities), you will be causing communications to be sent through Sproutserver’s computer networks, which are located in New Jersey and other locations in the United States and portions of which are located abroad. As a result, and also as a result of Sproutserver’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge that use of the Service results in interstate data transmissions.
- Special Admonitions for International use
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
- Content Submitted or Made Available for Inclusion on the Service
Sproutserver does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Sproutserver the following worldwide, royalty-free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of Sproutserver Servers, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the Sproutserver Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Sproutserver removes such Content from the Service.
With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Sproutserver Servers, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Sproutserver removes such Content from the Service.
With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service other than Sproutserver Servers, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.
“Publicly accessible” areas of the Service are those areas of the Sproutserver network of properties that are intended by Sproutserver to be available to the general public. By way of example, publicly accessible areas of the Service would include Sproutserver Message Boards and all areas that are open to both members and visitors. However, publicly accessible areas of the Service would not include portions of Sproutserver Servers that are limited to members, Sproutserver services intended for private communication such as Sproutserver mail or, or areas off of the Sproutserver network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by Sproutserver.
- Contributions to Sproutserver
By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to Sproutserver through its forum, or contact forms, you acknowledge and agree that:
- your Contributions do not contain confidential or proprietary information;
- Sproutserver is not under any obligation of confidentiality, express or implied, with respect to the contributions;
- Sproutserver shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
- Sproutserver may have something similar to the Contributions already under consideration or in development;
- your Contributions automatically become the property of Sproutserver without any obligation of Sproutserver to you; and
- You are not entitled to any compensation or reimbursement of any kind from Sproutserver under any circumstances.
You agree to indemnify and hold Sproutserver and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- No Resale of Service
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your Sproutserver ID), use of the Service, or access to the Service.
- General Practices Regarding use and Storage
You acknowledge that Sproutserver may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that closed hosting accounts, message board postings or other uploaded Content will be retained by the Service. You agree that Sproutserver has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Sproutserver reserves the right to terminate accounts that are closed for an extended period of time. You further acknowledge that Sproutserver reserves the right to modify these general practices and limits from time to time.
- Modifications to Service
Sproutserver reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sproutserver shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
As a client of Sproutserver, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time.
You agree to supply appropriate payment for the Service received from Sproutserver in advance of the time period during which the services are provided. You agree that until and unless you notify Sproutserver of your desire to cancel any or all services received, those services will be billed on a recurring basis and that Sproutserver reserves the right to bill your credit card or billing information on file with us.
(a) Recurring Fees
You agree that the Service will automatically renew at the end of the term unless otherwise specified by you, by either:
Cancellation request submitted within your account at (“Services” > “My Services” > “Request Cancellation” for the corresponding service);
Cancellation request by submitting a support ticket to the Sales or Billing Department.
We reserve the right to remove the account from the web server at any time thereafter. Sproutserver will not host the site for any time period left once the cancellation request has been received and processed. It is your responsibility to make sure that you have access to all your files and relevant data before initiating the cancellation request. Sproutserver shall not be responsible for any loss of data once the account recurring billing has been cancelled.
Renewal notices are emailed seven (7) days and again three (3) days before the actual renew date in your account. Service will be made inactive on accounts that are not paid four (4) days after the due payment date. An account means all hosting services provided to you. Sproutserver reserves the right to revoke this grace period if a pattern of late payment is observed. Payment renewal notices are sequenced:
- invoice generation seven (7) days before the due payment date;
- invoice unpaid reminder three (3) days before the invoice due date;
- first overdue reminder one (1) day after the invoice due date;
- second overdue reminder two (2) days after the invoice due date;
- Third and final overdue reminder three (3) days after the invoice due date.
(b) Non-Recurring Fees
All customers exceeding their bandwidth allowance will be sent invoices due upon receipt each month. All customers are responsible for monitoring transfer or bandwidth usage each month. Bandwidth overages are charged at $1.00 per each GB used over the allowed limit of the package. Customers have the option before their bandwidth billing cycle ends to upgrade per our à la carte upgrade option. Once your plan is upgraded you cannot request a downgrade of the same plan for at least one month.
(c) 30 Day Money Back Guarantee
All new Sproutserver customers are eligible for a 30 day money back guarantee on all hosting packages excluding monthly plans. A new customer is one who has never purchased a hosting package from Sproutserver in the past. Refunds are issued at the sole discretion of Sproutserver. Sproutserver reserves the right not to issue a refund on transactions after the 30 day money back guarantee period has expired. Please see the Refund Policy.
You agree that Sproutserver may, under certain circumstances and without prior notice, immediately terminate your Sproutserver account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to,
- breaches or violations of the TOS or other incorporated agreements or guidelines,
- requests by law enforcement or other government agencies,
- a request by you (self-initiated account deletions),
- discontinuance or material modification to the Service (or any part thereof),
- unexpected technical or security issues or problems,
- closed accounts,
- engagement by you in fraudulent or illegal activities, and/or
- Non-payment of any fees owed by you in connection with the services upon twenty one (21) days after the due payment date.
Termination of your Sproutserver account includes
- removal of access to all offerings within the Service, including but not limited to Hosting accounts, Email Services, SQL databases,
- deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and
- Barring of further use of the Service. Further, you agree that all terminations for cause shall be made in Sproutserver’s sole discretion and that Sproutserver shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service.
- Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Sproutserver shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Sproutserver has no control over such sites and resources, you acknowledge and agree that Sproutserver is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Sproutserver shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- Disclaimer of Warranties
You expressly understand and agree that:
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. Sproutserver and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Sproutserver and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service will meet your expectations; and (v) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from Sproutserver or through or from the Service shall create any warranty not expressly stated in the TOS.
- A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the Service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the Service. Immediately discontinue use of the Service and consult your physician if you experience any of the following symptoms while using the Service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
- Limitation of Liability
You expressly understand and agree that Sproutserver and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Sproutserver has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; or (v) any other matter relating to the Service.
- Exclusions and Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.
- Special Admonition for Services Relating to Financial Matters
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Service concerning companies, stock quotes, investments or securities, then please note that the Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Sproutserver and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions based on such information.
- No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Sproutserver may provide you with notices, including those regarding changes to the TOS, by email, regular mail or postings on the Service.
- Trademark Information
The Sproutserver logo, Sproutserver (in Chinese characters), trademarks, mascots, service marks and other Sproutserver product and service names are trademarks of Krafty Sprouts. Without prior permission from Sproutserver, you agree not to display or use in any manner the Sproutserver Marks.
- Copyright or Intellectual Property Infringement Procedure
Sproutserver respects the intellectual property of others, and we ask our users to do the same. Sproutserver may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Sproutserver with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
27. General Information
The TOS constitutes the entire agreement between you and Sproutserver and governs your use of the Service, superseding any prior agreements between you and Sproutserver with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Sproutserver services, affiliate services, third-party content or third-party software
Waiver and Severability of Terms
The failure of Sproutserver to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS using the form provided in the support portal.