SpeedySparrow

The use of services from SpeedySparrow Pty Ltd [hereafter referred to as "SpeedySparrow"] constitutes agreement to these terms. ( "SpeedySparrow", "The Company", "We", "Us", and "Our") agrees to provide services to the Customer, subject to the following Terms of Service (TOS) and Acceptable Use Policy (AUP). "You" means the person or company who is using our service(s) or product(s).

On file We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under.

If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times.

Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase.

If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Our transfers team will make every effort to help you move your site to us; however, we can not make guarantees of the transfer process. We provide this as a courtesy service and can not make guarantees
regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.

Please be reminded that we will only transfer 20/25 of your client base of your account to SpeedySparrow, additional transfers will require additional fees to be paid of $1.00 per account.

All services provided by SpeedySparrow may only be used for lawful purposes. The laws of the State of the ACT (Australian Capital Territory, the states of NSW (New South Wales), and the states of New York and New Jersey also apply.

The customer agrees to indemnify and hold harmless SpeedySparrow from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work.

The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email abuse@speedysparrow.com with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Examples of prohibited material on all Shared, Reseller, Semi-Dedicated, VPS, and Dedicated Servers include:
IRC Bots, proxy scripts / anonymizers, pirated software / nulled software / warez, public image dumps (similar to PhotoBucket), public file dumps (similar to RapidShare), RapidLeech, game servers, commercial banner ad services, commercial audio streaming (more than one or two streams), escrow, high-yield interest programs(HYIP) or related sites, investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), AutoSurf sites, bank debentures, bank debenture trading programs, prime banks programs, lottery sites, muds / RPGs, hate sites, hacker focused sites/archives/programs, sites promoting illegal activities, IP scanners, brute force programs, mail bombers, spam scripts, and forums that distribute and/or link to warez content.

Due to restrictions by LiteSpeed we are not able to support any adult related content on Shared/Reseller services. Please be aware that our policies on adult content will be subject to change with server hardware, software, applications and third-party EULA changes.

Adult related sites of any sexual manner whether it be image related content or sexual writing in any shape or form will not be permitted on or under the SpeedySparrow network.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 24 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@speedysparrow.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

* Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

* Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

In consider of your agreement to comply with the terms and conditions under this EULA, LITESPEED hereby grants You a non-exclusive and nontransferable license to use the SOFTWARE PRODUCT and documentation on a computer for which you have paid corresponding fee. You cannot use the SOFTWARE PRODUCT for any illegal activity or to host pornographic content.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene or threatening is prohibited and will be removed from our servers with or without notice.

Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 24 hours.

If in doubt regarding the acceptability of your site or service, please contact us at abuse@speedysparrow.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 644 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and
allow time for you to change/update your password.

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated with or without notice. Please read this for our generalized mail policy.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

SpeedySparrow reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

SpeedySparrow reserves the right to charge the holder of the account used to send any unsolicited e-mail a
clean up fee. This cost of the clean up fee is entirely at the discretion of SpeedySparrow.

If your actions have caused any IP addresses of any of SpeedySparrow's servers to be placed on any blacklists or any other email filtering software systems, a $75 charge will be added to your account in addition to $75 per hour beyond the first hour for administrative charges incurred to remove and protect our servers and IP addresses from any blacklists or other email filtering software systems.

You agree to supply appropriate payment for the services received from SpeedySparrow, in advance of the time period during which such services are provided. You agree that until and unless you notify SpeedySparrow of your desire to cancel any or all services received, those services will be
billed on a recurring basis.

As a client of SpeedySparrow, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. SpeedySparrow provides a 7 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 7 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. Any account that is overdue for 14 days and has not paid will be automatically terminated.

All overdue balances may be forwarded to a Collection Agency at the discretion of SpeedySparrow after being total 15 days overdue.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact billing@speedysparrow.com.

SpeedySparrow reserves the right to change the monthly payment
amount and any other charges at anytime.

Disputes of payment can and do happen if a sale does not go well or a customer is not satisifed with the networking of SpeedySparrow. Due to these forms of chargebacks to where SpeedySparrow (may) become a victim to loss of sales due to licensing or services that are rendered non-refundable we have not choice but to add a dispute on payments that are taken straight to parties such as (PayPal) without first informing SpeedySparrow of payment refund requests.

SpeedySparrow has the right to void all refunds that are taken straight to the source of their payment to SpeedySparrow, in the event this does occur SpeedySparrow will remain in contact with the respected parties until the resolution is resolved. If at anytime the resolution is not resolved we may have no choice but to decline services to the 'customer' and void all transactions/refunds.

Refunds are only issued for software failure. Refunds are not issued for server failure/issues, lack of features or if your server does not meet the Software Requirements. Installation charges are not refundable under any circumstances. Refunds are not available after 1 month from the purchase date. -- SpeedySparrow cannot refund payments based around Licenses that you order and then do not use or cancel within the first month of your services, this carries onto following months.

Domains that you order via SpeedySparrow are non-refundable at any stage, refunds that are given are only provided if the there is a fault with registration or the order does not process successfully between our Registar account and our billing services. Refunds will not be given if the domain has been successfully registered on our Registar account.

SpeedySparrow has a strict use for the deployment of Dedicated IP's on customer accounts, in-line to the justification system used with ARIN's Regulatory Commencements (American Registry of Internet Numbers) we are advised to attain reasons or a justification for IP addresses to be deployed onto all (shared/reseller/vps/dedicated) services. Failure to do so could result in loss of priveleges to attain and deploy IP's for a strict time-frame of indefinitely.

SpeedySparrow does not take the joys of handing out Dedicated IP's for this action to be taken against us, for the sole purpose we have created a (Word Document) for each individual to sign and send back to us with reference and justification for an IP address to be assiged to your account, you can find this document here: IP Justification Form

Please fill out and return back to SpeedySparrow's Billing Department and your process will be completed promptly.

All Dedicated IP's are charged at an ongoing fee of $3.00 per month, this will increase to the maximum of $36.00 per year based on package paymenet cycles.

Your use of the service is at your sole risk. SpeedySparrow is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on SpeedySparrow servers. While SpeedySparrow does maintain backups of your files and/or data we accept no responsibility should backups be unavailable for any reason including but not limited to data corruption, hardware failure, or negligence.

Cancellations must be submitted via our Billing and Support system at https://my.speedysparrow.com/. Cancellations requested via e-mail or tickets will not be honored. SpeedySparrow reserves the right to cancel any account at any time with or without notice. After 30 days a prorated refund may be given at SpeedySparrow's discretion.

Refunds as part of a cancellation will not be honored, if you wish to cancel your service with a refund you will need to open a billing ticket with SpeedySparrow to where you will be provided a refund per the request made. You may open a ticket with us here.

There are no refunds for domain registrations.

Refunds will not be issued for VPS or Dedicated Systems, in the event of hardware failure, or, the services is not provisioned a refund maybe issued at SpeedySparrow's discretion.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Customers may cancel at any time via the cancellation form in your client dashboard. SpeedySparrow gives you an unconditional 30 day money back guarantee on managed shared hosting, and reseller solution's. There are
no refunds on dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Refund requests after the intitial 30 days will be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

a) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and
all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRC (Internet Relay Chat) network.
e) Run any bit torrent application, tracker, or client. Please note that you may link to torrents off server, but may not host or store them.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc h) Run cron entries with intervals
of less than 15 minutes without prior written approval. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")

1. Exceed a 15 minute load average greater than two (2) times the amount of CPU cores given.
2. Run any software that interfaces with an IRC (Internet Relay Chat) network.
3. Run any BitTorrent application, tracker, or client.
4. Participate in any file-sharing/peer-to-peer activities.
5. Use an Open/Public proxy, or utilize a proxy to access illegal/malicious content.
6. Use I/O intensive applications which adversely affect normal server operations.

Failure to respond to email from our abuse department within 24 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via support ticket/email and will have a response within 24 hours.

SpeedySparrow performs backups on our VPS Hosting service as courtesy to help protect against data loss. The backups performed on all our servers are in no way guaranteed. Backup restoration is for emergency circumstances only. You are advised to backup all of your own files to your local drive or a third party backup service. SpeedySparrow is NOT responsible for lost data, time, income or any other resource due to faulty or non-existent backups. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on SpeedySparrow servers.

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, and/or terminate the account. You will not be billed for bandwidth overages as your account will be suspended upon the limit of your account.

Each of SpeedySparrow's managed shared & reseller services carry a 30 day unconditional money back guarantee. If you are not completely satisfied with our services within the first 30 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared and reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases. Any domain name registered for free is valued at $9.95 and will not be refunded.

Our money back gurantee excludes the orders of VPS (Virtual Private Systems) and Dedicated Servers and/or Hardware. In the event of hardware failure, or the service is not activate a refund maybe provisioned at the discretion of SpeedySparrow.

If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of SpeedySparrow dependant upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability.

The uptime of the server is defined as the reported uptime from the operating system of the server which may differ from the uptime reported by individual services. To request a credit, please contact our billing department with justification and/or proof to the incurred downtime.

All requests must be made in writing via email or through our ticketing system. Uptime guarantees only apply to shared and reseller solutions to where (VPS/Dedicated Servers are excluded). Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

Incurred downtime due to hardware upgrades, software upgrades, or upgrades of nature that are for security of customers will not be accountable for refunds under our service level agreement.

Downtime due to a clients scripts, programs, or unauthorized account access will not count towards eligible refunds under our service level agreement.

Impacts due to DOS attacks or attacks on our service to where they are hard to constrain or prevent will be eligible for crucial refunds.

Shared accounts may not resell web hosting to other people this does include the uses of (E-mail, Databases, FTP), if you wish to resell hosting you must use a reseller account provided by SpeedySparrow otherwise your account may be deemed in violation to our terms of service. If your shared account is found violating the policies outlined your account will be subject to suspension pending further action.

Client Responsibility Resellers are responsible for supporting their clients. SpeedySparrow does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all
content stored or transmitted under their reseller account and the actions of their clients. SpeedySparrow will hold any reseller responsible for any of their clients actions that violate the law or these terms of service.

SpeedySparrow reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter and internal company policies. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. SpeedySparrow reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the most simple solution. Please contact sales@speedysparrow.com if you wish to obtain a secondary hard drive. It is your responsibility to maintain backups.

All payments to SpeedySparrow (Dedicated Servers) are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, in SpeedySparrow's discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in immediate service interruption, and reconnection fees to restore the
desired service.

Dedicated Server payments are due on and/or prior to the billing date per invoice records, payments that are not made on and/or before the billing date exceeds your Dedicated Server will be suspended on terms of "non-payment" and will be terminated after 15 days of failed payment to SpeedySparrow Pty Ltd.

If you would like to cancel your Dedicated Server with SpeedySparrow you will be required to make a notice in writing to SpeedySparrow's Billing Departmant as well as requesting cancellation via your Client Area up to 7 days (Seven Days) before your service is due otherwise you may be accountable to pay all costs pushing into the following month, this includes all additional add-ons and server management costs as well as direct costs relating to and subject to your agreement on official order of your Dedicated Server.

The amount you pay for hosting will never increase from the date of purchase without prior notice. We reserve the right to change prices listed on SpeedySparrow.com, and the right to increase the amount of resources given to plans at any time.

Customer agrees that it shall defend, indemnify, save and hold SpeedySparrow harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against SpeedySparrow, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless SpeedySparrow against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with SpeedySparrow; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from SpeedySparrow's server.

Under no circumstances, including negligence, shall SpeedySparrow, its offices, agents or any one else involved in creating, producing or distributing SpeedySparrow services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the SpeedySparrow services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to SpeedySparrow's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on SpeedySparrow's servers.

By using any SpeedySparrow services, you agree to binding arbitration. If any disputes or claims arise against SpeedySparrow or its subsidiaries, such disputes will be handled by an arbitrator of SpeedySparrow's choice. All decisions rendered by that arbitrator will be binding and final. You are also responsible for any and all costs related to such arbitration.

SpeedySparrow shall not be responsible for any damages your business may suffer. SpeedySparrow makes no warranties of any kind, expressed or implied for services we provide. SpeedySparrow disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by SpeedySparrow and its employees.

SpeedySparrow may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

If any provision of this Agreement is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

SpeedySparrow reserves the right to revise its policies at any time without notice. In such events customers are advised that on each entering to the SpeedySparrow website they overlook and review our policies outlined to ensure they are kept up to date with all the latest information regarding our services and products.

SpeedySparrow respects your privacy, please see how we manage your privacy within our privacy policy. Please review all policies relating to your privacy carefully.

SpeedySparrow will keep you informed of all new details in regards to our policies and procedures, please see our security and policy updates.