The Authorized Person ordering the tSpark Solutions hosting package will hereafter be referred to as "User".

-1- Subject to the provisions hereof, the account will be opened upon reception of contract, and repeated in each successive billable period thereafter at the then applicable prevailing rates and charges, unless written (paper or electronic) notice of cancellation is received from User at least 7 days prior to the beginning of the next billable period.

-2- Charges for "billable period rate" services are payable prior to the beginning of each period. Failure to pay in no way relieves the user's obligations to make full payment. User hereby agrees to pay any and all attorney fees, court costs, and related expenses incurred by TSPARK SOLUTIONS in the collection of any amount due it.

-3- TSPARK SOLUTIONS may, with 30 days written notice, amend the rates and or charges for any future server usage and/or services.

-4- User agrees to use all TSPARK SOLUTIONS services and facilities at User's own risk. TSPARK SOLUTIONS specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall TSPARK SOLUTIONS be liable for any loss, or loss of data, or any other damages.

-5- User agrees to protect and indemnify TSPARK SOLUTIONS against any and all liability, loss, or expense arising from claims of libel, unfair competition, unfair trademarks, trade names or patents, violations of rights and privacy and infringement of copyrights and property resulting from User's use of TSPARK SOLUTIONS services.

-6- TSPARK SOLUTIONS reserves the right to cancel any account, at any time, without notice, for any reason TSPARK SOLUTIONS considers appropriate. At TSPARK SOLUTIONS’ discretion, access to a TSPARK SOLUTIONS Internet Account may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole.

-7- User is solely responsible for usage of TSPARK SOLUTIONS and any statement User makes on TSPARK SOLUTIONS’ system may be deemed a "publication " of the information entered. Acknowledging the foregoing, User specifically agrees not to use TSPARK SOLUTIONS’ service in any manner that is illegal, libelous, or against any TSPARK SOLUTIONS policy.

-8- The minimum contract length is one month. TSPARK SOLUTIONS also reserves the right to cancel any services/account without notice for reasons it sees as fit and just.

-9- The billable service period begins on the date the services indicated in this agreement become available to User.

-10- This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, United States of America, and the courts of the judicial district of Oneida County shall have exclusive jurisdiction in respect of any proceeding in connection with this Agreement.

ILLEGAL USE
The TSPARK SOLUTIONS service may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation coming to or from any unauthorized network or system is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property rights used without proper authorization; government and military data protected by law and national security; university and academic data protected by public policy; and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Any violation of the above that compromises the integrity of the TSPARK SOLUTIONS Network or any other network is strictly prohibited.

SYSTEM AND NETWORK SECURITY
Violations of system or network security are prohibited, and may result in criminal and civil liability. TSPARK SOLUTIONS will investigate incidents involving such violations and may involve and cooperate with law enforcement authorities if a criminal violation is suspected. Examples of unlawful acts, system, or network security violations include, without limitation, the following:

Unauthorized access to or use of data, systems or networks, including any attempt to probe, damage, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.

Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network. Interference with service to any user, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.

Unauthorized access to any data, system, or network from an unauthorized system or network for any purpose which is not lawful or which is intended to do harm.

Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting. Electronic forging of any kind to include but not limited to IP addresses, domains, business names, etc.

EMAIL
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A user shall not use another site's mail server to relay mail without the express permission of the site owner.

INDIRECT OR ATTEMPTED VIOLATIONS OF THE POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A TSPARK SOLUTIONS CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY SUCH CUSTOMER OR END USER.

For Example:
If you are hosting a bulk email site on TSPARK SOLUTIONS servers and you use another ISP to SPAM from in order to reference your TSPARK SOLUTIONS site by IP address or domain name, you are violating TSPARK SOLUTIONS policy and possibly the law.
If you have been granted password privileges for FTP, sharing your password with an unauthorized user or third party is strictly prohibited.
Complaints regarding illegal Use of System or Network Security issues should be sent to mike@tsparksolutions.com
Complaints regarding email abuse should be sent to mike@tsparksolutions.com

NO ADULT OR X- RATED SITES
TSPARK SOLUTIONS will also not tolerate any adult material or spamming and both infringements shall result in immediate termination and removal of the site and/or virtual server without a refund. TSPARK SOLUTIONS prides itself as a responsible member of the Internet community and is committed to protecting the data of and providing quality service to all TSPARK SOLUTIONS customers all of the time.