Terms & Conditions

GENERAL TERMS OF USE
(subject to change without notice)

"SMDI" refers to Spark Media & Design Inc. "the Server" refers to the Internet server(s) and service(s) owned and operated by Spark Media & Design Inc. "the Customer" refers to clients of SMDI, or to any parties purchasing services offered by SMDI.

These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding and variance with terms and conditions of any order submitted.

As a Customer of SMDI, making use of (or connecting to) any SMDI Internet services in any way constitutes acceptance of these Terms and Conditions. These Terms and Conditions must also be signed by the customer prior to using any SMDI provided services. A copy of these, or the most current, terms and conditions are to be found at the main website www.sparkmediadesign.com.

1. All technical support is provided from our Servers up to the “line of demarcation” (the SMDI Internal Router) and not beyond. Customers experiencing difficulty with their Internet connection, computer software behaviour, or possible virus infection should contact a 3rd party technical support service for assistance. For technical support relating to SMDI issues, see the main website at www.sparkmediadesign.com.
   
   
2. SMDI exercises no control whatsoever over the content of the information passing through it. SMDI makes no warranties of any kind, whether expressed or implied, for the service it is providing. SMDI also disclaims any warranty of merchantability or fitness for a particular purpose.
   
   
3. SMDI will not be responsible (or held responsible by you) for any damage(s) the Customer may suffer. This includes loss of data resulting from delays, non deliveries, or service interruptions caused by its own negligence or the Customer's errors or omissions.
   
   
4. The Server may only be used for lawful purposes. Transmission of any material in violation of any Federal, Provincial or local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, or material protected by trade secret.
   
   
5. At SMDI and its officer's discretion, access to the Server may be revoked at any time for abusive conduct on the Server and/or the Internet and its resources as a whole if the conduct originates from or passes through the Server. SMDI and its corporate officer's are deemed as authority to define “abusive conduct to the Server”, and definitions may periodically change or be amended to previous ones.
   
   
6. The Customer agrees to indemnify and hold harmless SMDI from any claims resulting from the Customer's use of the service which damages the Customer or another party.
   
   
7. Use of any information obtained via SMDI’s servers or services is at the Customer's own risk. SMDI specifically denies any responsibility for the accuracy or quality of information obtained through its services.
   
   
8. While every reasonable effort is made to ensure privacy of the Customer's materials, SMDI does not guarantee privacy of the Customer's files since the customer is at liberty to alter any password to any of their account. If the Customer requires complete privacy, encryption software is recommended and must be deployed by the Customer on the Customer’s side of the ‘line of demarcation’.
   
   
9. Accounts may be canceled with written notice delivered to and received by SMDI. All accounts are for a term of 1 year unless otherwise specified in writing from SMDI. SMDI requires a full payment for the term of the contract up front.
   
   
10. A $30 NSF (Non-Sufficient Funds) fee will be charged in the event of a payment that is rejected due to NSF. If a cheque is received by SMDI and found to be NSF, only a bank certified cheque (drawn on a Canadian bank account) will be acceptable as payment.
    
    
11. Administration Fees will apply to all Customer-requested changes to any account information and functions. Contact SMDI for more details.
    
    
12. Since SMDI has no way to ensure that only adults are able to view Customer pages or file served by it's equipment, we do not permit sexually explicit (a.k.a. "adult") material of any form (including but not limited to images, text, sound, video, etc.) to be published through its Servers. Further, the Customer is not permitted to distribute material promoting hatred against individuals or groups or any content which may be deemed to be illegal, or promoting illegal acts, according to the laws of Canada. We reserve the right to decline requests for space rentals, e-mail accounts, and database rentals and to cancel any account at our discretion. The Customer is also not permitted to distribute material promoting any form of network abuse (such as bulk spam mailers, sniffers, cracks or hacking tools).
    
    
13. All Customers must agree to and sign a copy of these Terms and Conditions. A signed copy will be kept on file at SMDI’s offices. Use of the Server constitutes acceptance of these Terms and Conditions.

Pornography Policy:

SMDI has a zero-tolerance policy towards sexually explicit (a.k.a. "Adult") materials no matter what form. The server may only be used for business usage only, excluding the selling and/or distribution of sexually explicit materials. On the first complaint, the account will be suspended until such time as the Customer provides written assurances that the abusive pattern will not be repeated. The Customer will be contacted and informed of the suspension as soon as possible.

Discrimination/Hate Dissemination Policy:

SMDI has a zero-tolerance policy towards the promotion of hate or discrimination in all forms. This includes words, pictures or icons or symbols of hatred, banned or illegal activities, etc. All materials posted to the server are subject to SMDI approval and will be removed without notice. Upon complaint by site visitors, and SMDI’s initial investigation, the site will be terminated. All activity and traffic at the Server is logged. All logs are kept private and confidential to their site owners. Any and all logs will be surrendered to the proper legal authorities upon their request.

General Usage Policy:

The Server may only be used for lawful purposes. Transmission of any material in violation of any Federal, Provincial or local regulation is prohibited. This includes, but is not limited to:

• materials illegal in Canada
  
  
• materials copyrighted or trademarked
  
  
• material legally judged to be threatening, obscene, or disseminating hatred
  
  
• material protected by trade secret
  
  
• materials legally considered pornographic

On the first complaint, the account will be suspended until such time as the Customer provides written assurances that the abusive pattern will not be repeated. The Customer will be contacted and informed of the suspension as soon as possible.

These policies supersede all previous representations understandings or agreements and shall prevail notwithstanding and variance with terms and conditions of any order submitted. They are subject to changes and additions without notice. These policies and any addendums will be posted at the main website at www.sparkmediadesign.com.