Users Acknowledgment and Acceptance of Terms of Service
Modification of Plans, Services, and Prices
SparkPage reserves the right to modify the specific plans, service fees, and prices with 30 days advance notice. If additional costs are to be incurred due to a change, SparkPage will let the user know by means of their provided email 30 days in advance of the changes.
We will attempt to provide technical support via phone ( 1-800-305-6270 ) and email (email@example.com), however there are no guarantees we make in terms of our ability to service your needs, or the time frame with which we can support your requests.
At any time, SparkPage reserves the right to modify or remove your content if it is in violation of the Terms of Service.
Description of Services
SparkPage is a performance marketing web app that allows you to create mobile landing Pages . With SparkPage you can create and manage multiple CTA campaigns. These Terms of Service apply to the SparkPage Service. All content and services made available through the Site that were not made available as of the "Last Updated" date above, shall automatically be deemed to be part of the SparkPage Service when first made available through the Site.
We reserve the sole right to either modify or discontinue the site, including any features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that we have has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis delivery or failure to store any user communications or personalization settings.
SparkPage and its affiliates attempt to be as accurate as possible. However, SparkPage does not warrant that product descriptions and other content on this Site is accurate, complete, reliable, current, or error-free.
You shall pay all fees specified in any Subscription. We will charge you a monthly fee based on the total traffic you plan to send to your web pages hosted using the Services. Such monthly fees shall be billed in advance for each month and are non-refundable. There will be no refunds or credits for partial months of service or for periods in which your account remains open but you do not use the Services. If the total traffic to your web pages hosted using the Services increases beyond that which you have specified, you will be informed that you have exceeded your traffic limit and you must modify your account settings such that your subscription plan traffic limit accommodates the traffic you have received within the current billing period.
We reserve the right to modify our billing rates at any time upon thirty (30) days written notice by posting such fee changes to the Services or on the Site.
At our discretion, we may offer free or discounted pricing for use of the Services (a "Trial Program"). Once the terms of any Trial Program have expired, you agree that our normal billing rates shall apply. You agree to comply with any additional terms, restrictions or limitations (including limitations on the total amount of usage) we impose in connection with any Trial Program. You may not sign-up for multiple Accounts in order to receive additional benefits under any Trial Programs.
You expressly understand and agree that SparkPage shall not be liable 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 resulting from the use or the inability to use the service, 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, unauthorized access to or alteration of your transmissions or data, statements or conduct of any third party on the service, or any other matter relating to the service.
Submission of Content
The Site and the Services available thereon enable you to provide or upload content, including but not limited to text, images, video, data, and other information or content (collectively, "Content"), to SparkPage for the purpose of providing the Services. You acknowledge and agree that you are solely responsible for all Content you submit, provide or upload and the consequences for submitting, providing or uploading it.
SparkPage will use content you upload solely in connection with providing the Services to you, and for no other reason. You agree that by uploading, or otherwise providing any Content on or through the Site and/or the Services, you grant to SparkPage a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all or any portion of such content, solely in connection with providing the Services to you. This license includes the right to host, index, cache or otherwise format your Content in order to provide the Services.
You represent and warrant that you own your content or have the necessary licenses, rights, consents and permissions to grant the license set forth herein and that its provision to SparkPage or SparkPage's use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.
SparkPage retains the right to use or distribute any Aggregated Data generated by our customers or users. "Aggregated Data" means records which have been stripped of information potentially identifying customers, landing pages or end-users, and which have been manipulated or combined to provide generalized, anonymous information.
Acceptable Use and Conduct:
You agree that that you will not publish or make available any Content that, or use the Site in a manner that:
- infringes, violates or misappropriates any third party's intellectual property or proprietary rights;
- contains software viruses, Trojan horses 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;
- is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
- is libelous or defamatory, or that is otherwise threatening, abusive, violent, harassing, malicious or harmful to any person or entity, or is invasive of another's privacy;
- is harmful to minors in any way;
- is hateful or discriminatory based on race, color, sex, religion, nationality, ethnic or national origin, marital status, disability, sexual orientation or age or is otherwise objectionable, as reasonably determined by SparkPage;
- impersonates an SparkPage employee, or any other person, or falsely states or otherwise misrepresents your affiliation with any person or entity, or to obtain access to the Site or a portion thereof without proper authorization;
- interferes or attempts to interfere with the proper working of the Site or prevents others from using the Site, or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Site, or that otherwise negatively affects other persons' ability to use the Site, or inadvertently or intentionally disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site or any other site or system in use by another user of SparkPage;
- uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Site or the content contained therein;
- facilitates the unlawful distribution of copyrighted Content;
- licenses, sublicenses, rents or leases the Services to third parties, uses the Services for third party training, commercial time-sharing or service bureau use, or otherwise makes the Services available to third parties or otherwise commercially exploits the Services;
- includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Site to users;
- constitutes or contains any form of advertising or solicitation to users who have requested not to be contacted about other services, products or commercial interests;
- stalks or otherwise harasses anyone on the Site or with information obtained from the Site;
- collects, uses or discloses data, including personal information, about users without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
- requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any user of the Site for the purposes of automating logins to the Site;
- attempts to gain unauthorized access to the computer systems of SparkPage or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Site;
- posts adult or pornographic Content;
- decompiles or reverse engineers or attempt to access the source code of the software underlying the Site, the Services or any other SparkPage technology;
- copies, archives, stores, reproduces, rearranges, modifies, downloads, uploads, creates derivate works from, displays, performs, publishes, distributes, redistributes or disseminates all or any part of the Site;
- accesses the Site for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Site;
- accesses the Site for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; or
- accesses the Site to upload any Content or computer code for the purposes of: (i) causing a breach of security to the Site; (ii) interfering with the proper working, functionality or performance of the Site; or (iii) preventing others from accessing or using the Site.
Cancellation and Termination
You may downgrade your account to the 'Free' subscription level at any time. To do this, log in to SparkPage, go to the 'Manage Subscription' tab of the 'Account' section, click 'Change Your Plan' and select 'Downgrade to the Free Plan.'
At the 'Free' subscription level you will not be billed but your pages will remain intact and you can still access your account. To ensure that you no longer receive traffic to your pages you must make sure they are in an 'Unpublished' condition.
You will remain liable for all charges accrued on your Account up to the time that you downgrade, including full monthly fees for the month in which you downgraded your Account. SparkPage is under no obligation to store your Content and may delete your Account and your Content immediately upon cancellation or after your account has been downgraded to the 'Free' subscription level. SparkPage may keep your Account and your Content indefinitely following cancellation or after your account has been downgraded to the 'Free' subscription level.
SparkPage reserves the right at any time, and without cost, charge or liability, to terminate this Agreement at its sole discretion for any reason, including, but not limited to, a failure to comply with the terms of this Agreement. SparkPage reserves the right to terminate any portion of the Site at any time, for any reason, with or without notice.
The failure of SparkPage to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SparkPage and govern your use of the Service, super-ceding any prior agreements between you and SparkPage (including, but not limited to, any prior versions of the Terms of Service).
Any further questions relating to our Terms of Service can be directed to our support staff, via phone ( 1-800-305-6270 ) and email (firstname.lastname@example.org).