Helping you with the business of being an artist

Terms & Conditions

“You” and “Your” refers to you, the user. “We” and “us” refers to Arts Spark and Interactive Media Consulting, LLC, the creators of the Arts Spark website.

Privacy

Your privacy is important to us. We will not share your email address or other personal information without your consent. We will use your email address to periodically send email messages of interest. You have the right to opt-out of these email promotional notifications. We do not collect specific personal viewing history, but all data is viewed in aggregate (meaning we can tell how many people have viewed a page, but not who specifically viewed that page).

Ownership

You own all content posted on Arts Spark and any graphics or images you create for your website, unless you use a stock template or theme created and provided by Arts Spark. We reserve the right to remove content when it has been proven it violates the copyright of someone else. We will provide you with an opportunity to appeal. We reserve the right to delete that content if hosting invoices are unpaid. WordPress is Open Source and licensed under GPLv2 (or later). They have an excellent explanation of their license and what it covers on their website. The base Divi theme installed with WordPress on Arts Spark websites is licensed through the Elegant Themes Developer License held by Interactive Media Consulting, LLC, owner of Arts Spark.  You are welcome to use this theme and receive updates as long as you are a customer of Arts Spark. If you take your website elsewhere, you are responsible for obtaining a license for the theme.

Creating a Safe Environment

We do our best to review all submitted resources, gear requests/sales, and calendar events. We are not responsible if an event changes or a listed resource is no longer available. It is up to you, the user, to verify information before acting and to verify that all information you post to this website is accurate. In the case of selling/trading gear, the transaction is between the two parties involved. Neither Arts Spark nor Interactive Media Consulting, LLC has any liability with regard to the transaction.

We do our best to keep this website safe. We moderate all forums and reserve the right to delete inappropriate content. To keep Arts Spark safe, we rely on you to NOT:

  • bully, intimidate, or harass any user
  • post spam
  • collect content or other information from users using robots/scrapers/spiders/etc.
  • upload viruses or malicious code
  • request login information from any other user
  • post content that is pornographic, hate speech threatening, incites violence, or contains nudity, or graphic or gratuitous violence — in other words, be nice and keep it clean.
  • do anything unlawful, misleading, malicious, or discriminatory
  • do anything that could overload or disable this website or any of the affiliated websites

We appreciate that you have chosen to join the Arts Spark community. We want everyone to have a safe and professional exchange. These guidelines are put in place to make that happen. Violators of the above will be given one warning. A second offense will result in the cancellation of the user’s account.

Hosting Accounts

Account and Billing Information

You will provide us with accurate contact and billing information as verified by you. Failure to provide truthful information may result in the suspension or termination of the Account.

Information you provide may be shared with third party services to determine a fraud risk score, to bill the credit card on file, or to contract service on your behalf of a customer, such as domain registration. We will never share information outside of these requirements.

New Accounts are created only under the following conditions

  • Full payment has been received per the invoice generated at signup
  • A review of the order takes place within 1 business day and the account can be terminated if we determine fraud has been committed

Billing, Contact Information and Credit Cards:

  • All ongoing services (hosting, domains, etc.) are billed on a recurring basis according to the package chosen at signup, or as mutually agreed upon in writing after an account has already been setup, such as an account upgrade to another package. Payment is automatically attempted via the credit card on file on the anniversary date of the signup.
  • Automatic billing cannot be stopped unless the services are terminated.
  • All accounts are billed up-front according to the billing term selected.
  • All accounts must have valid contact information on file that is kept up-to-date at all times as verified by you. This includes, but is not limited to, name, physical address, phone number, and email address.
  • We cannot be held liable for any reason in the event that we cannot contact you due to inaccurate contact information.
  • A valid credit card must always be on file for your account. Other forms of payment are not normally accepted unless agreed to in writing with us. In the event that there is no valid payment option established with an account, the account may be suspended until a valid payment agreement is established.
  • If you establish a form of payment that is not normally accepted, you are responsible for tracking the renewal date of the account and submitting payment before the renewal date is reached. We are not liable if an account is suspended due to lapse in payment.

Communicating with You

  • All communication regarding your account initiated by us will take place via email. We assume the email address provided on the account is accurate and up-to-date, and will make no additional effort to contact you.

Suspensions and Cancellations

  • In the event you owe money to us for any reason, any services you have with us may be suspended to attempt to collect payment, with or without notice.
  • Billing for all services you maintain with us remain active while an account is suspended. Any payment that comes due during the time an account is suspended is expected in full, and must be paid prior to the account being reinstated.
  • Bank disputes (i.e. “chargebacks”) are grounds for immediate termination of your account without notice from us. In the event that a bank dispute is received from you, the account will be suspended and/or terminated. If you wish to reinstate an account affected by a bank dispute, you will be responsible for the whole amount disputed, plus any additional fees directly associated with the bank dispute.
  • If you wish to terminate services or an account provided by us, it must be requested in writing via email to support@arts-spark.com, or by logging into the billing system and requesting cancellation.
  • You will be entitled to a pro-rated refund of the remaining balance on the account as of the day cancelled in the case of pre-paid services, unless otherwise determined by us.
  • Setup fees, domain name registration/transfer fees, add-on Service fees, and one-time service charges are not eligible for refunds.
  • In the event that an account is terminated at our discretion for any reason, no refund will be due, nor will a backup of any data stored on the servers be provided unless otherwise determined by us.

Services and Content

Content and Service Expectations and Restrictions

  • Services provided by us are not to be used for the transmission, storage, or presentation of any information, data or material that is in violation of any United States federal and/or local laws. Failure to comply with this section will result in immediate termination and/or suspension of the account.
  • Any attempt to exploit any of our services in any way is grounds for immediate termination of your account.
  • You are wholly responsible for any action taken on your account in any way. You are monetarily responsible for any action that is taken on your account, no matter who took the action.
  • If you believe your account was compromised by a third party, it is your responsibility to alert us in writing (email support@arts-spark.com) to this fact as soon as possible. You may be held liable for any service charges accumulated by any action taken by the third party. You are responsible for removing compromised files within 12 hours of noticing. Failure to do so will result in charges from us to remove the compromised data. Your account may be temporarily suspended pending clean up of any compromised files or data.

Unacceptable Content

We consider certain material to be unacceptable. If unacceptable material is found on your website, or is linked to by your website, the account will be suspended and/or terminated as determined us. Examples of unacceptable material include, but are not limited to:

  • Pornographic or adult material
  • Fraudulent activities of any kind
  • IRC and IRC related tools
  • Copyrighted material without explicit consent to use and/or distribute
  • Network/computer scanning or attack software
  • Exploits
  • Software licenses, license generation software, software “cracks”
  • Site mirroring
  • Upload services of any kind
  • Spiders of any kind
  • Computer viruses/malicious software of any kind
  • Proxy scripts or services
  • Ponzi or pyramid schemes
  • Pharmacy or pharmacy-like services
  • Racist, hateful, or harassing content
  • Hacking related information or services
  • SPAM of any kind

Process and Network Guidelines

Any process or command that listens on a network port or opens a file socket is prohibited from being run on our servers at any time. Any daemon is prohibited from being run on our servers at any time. Processes or commands found to be violating this section will be terminated immediately without notice. Further action is at our discretion.

Scheduled jobs (i.e. “cronjob”, “crontab”) may be run no more frequently than once every 30 minutes. Scheduled jobs may not take longer than five minutes to complete their task. Any scheduled jobs violating this section will be terminated, and disabled.

No action taken on our servers should result in a connection to a network outside of our servers unless express written consent has been obtained both from us and the network you wish to connect to. Accounts in violation of this section may be suspended.

Any data, images, and/or multimedia that is not explicitly owned by you, and for which you do not have explicit written permission from the owner of the data, images, and/or multimedia is prohibited on our servers. Examples include, but are not limited to the hosting of music or videos for artists other than yourself, whether for personal or public use. Violation of this section may result in the material being removed with or without notice and/or the suspension of the account at our discretion. We take copyright infringement very seriously and wish to protect all artists who use our servers.

Multimedia streaming is not permitted on our servers without first receiving written consent from us.

Websites must remain within the limits specified by the package you selected regardless of whether or not they are strictly enforced. Violating this section is considered exploitation and can result in suspension, and possibly termination, of your account. Upgrades, such as additional disk space, bandwidth, or email addresses are available for a fee.

E-mail Services

We have the explicit right to determine what email may leave or enter our network. Email may be filtered or deleted without notice as determined by us. If an account is found to be sending email that we deem unfit to leave our network, the account will be suspended.

SPAM

  • You are prohibited from using our servers to send SPAM. The recipients of any email sent from our network must first consent to receiving email from the sending account. Any violation of this section will result in immediate suspension and/or termination of your account.
  • Any email sent to a purchased list, or a list consisting of email address not gathered with consent to send email directly to any of the email addresses on the list is considered in violation of this section.We have the final say in determining if an email message is SPAM.

Email Storage and Limits

  • Email storage limits are strictly enforced. Going over these limits will result in email to you bouncing back to the sender with a “mailbox full” notification.
  • Any email stored in the “Trash” folder is considered to be deleted and may be removed from the server at any time without notice. Email stored in the “Trash” folder still counts toward your email storage limit.
  • “Postmaster” mailboxes shall not be used to store email. Any email within a “postmaster” mailbox may be removed from the server at any time without notice.
  • You are prohibited from sending more than 500 emails in any 60-minute period. Violation of this section will result in the account being suspended.

Public Nature of the Internet and Data Integrity

The Internet, and our network, are considered publicly accessible and should be treated as such. We will not be held liable for any unauthorized access to your data. Any data that is deemed confidential, classified, personal, private, et al. should not be hosted on our servers.

We are not liable or monetarily responsible for any data loss or corruption under any circumstances.  This includes, but is not limited to, sites that are compromised, modified, or changed by you or a third party, with or without your consent, in any way.

We are not liable or monetarily responsible for any damages incurred due to any service outages under any circumstances.

We backup our servers nightly with a copy stored in an off-site location. Three (3) days worth of backups are stored off-site.  These can be retrieved.

Indemnification

You agree that you shall defend, indemnify, save and hold us (Arts Spark and Interactive Media Consulting, LLC) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, our agents, our customers, and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns.

You agree to defend, indemnify and hold harmless Arts Spark and Interactive Media Consulting, LLC against liabilities arising out of:

  • Any injury to person or property caused by any products sold or otherwise distributed in connection with us
  • Any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party
  • Copyright infringement
  • Any defective products sold to you from the Services.

Arbitration

By using any of our services, you agree to submit to binding arbitration. If any disputes or claims arise against Arts Spark, Interactive Media Consulting, LLC, or our agents or employees, an arbitrator of our choice will handle such disputes. An arbitrator from the American Arbitration Association will be selected in the state of New York.  Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules.  All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration section. You are also responsible for any and all costs related to such arbitration.

Disclaimer

We are not liable for any damages or losses you or your business may suffer. We make no expressed or implied warranties of any kind. Arts Spark and Interactive Media Consulting, LLC, disclaims any warranty or merchantability for any particular purpose or service. This includes the terms of set forth by this document.

Modifications

We reserve the right to modify these guidelines.

First Posted: January 20, 2015
Last Updated: June 8, 2016, changes include fixing typos and clarifying positions throughout the document, especially in the Ownership, Services & Content, Hosting Accounts, and Data Integrity sections.

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