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This Master Service Agreement shall constitute a binding contractual agreement between THE SPARTAN IT GROUP LLC, And the subscriber of services (“Client”). The Master Service Agreement shall include the legal documents which is set forth from the company and its officers. The company will also keep its Privacy Policy and all other customer documents herein. The client agrees to be bound to all agreements found herein.
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This site is designed for general information about our firm. You agree that the information presented should not be construed to be formal legal advice, nor the formation of an client relationship. We welcome and encourage persons accessing our site to send us electronic mail. However, such mail cannot provide confidential information to this firm until a conflicts check has been completed. Also, the sole act of sending an email to our firm does not create an client relationship with you. Such a relationship cannot be entered into until we have personally discussed any matter you may have, checked for possible conflicts of interest, sent you written confirmation accepting your matter, and received in return a signed engagement letter acknowledgment, thereby creating an client relationship.
Below are the TSG legal documents please review and if you have any questions please email legal@spartanitgroup.com or open a support ticket at cp.spartanitgroup.com
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The Spartan Group LLC Master Service Agreement
These Terms of Service (the “Agreement”) are an agreement between The Spartan Group, LLC (“TSG” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by TSG and of the websites (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
By using any of our products or services you automatically agree to all of our Terms below: Revised January, 1, 2019 This Master Service Agreement shall constitute a binding contractual agreement between The Spartan Group LLC (TSG, Spartan Network, Spartan Consulting, Spartan Security, TSG, Spartan Repair, Spartan Developers) and the subscriber of services (“Client”). The Master Service Agreement shall include the Client agrees to be bound to all agreements found herein.
Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
Additional terms may also apply to certain Services and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
Eligibility, Registration and Account Security
This section describes the eligibility criteria we require from all of our users. When you register to use our Services (as defined below), we need to make sure that you are able to legally contract with TSG.
HIPAA Disclaimer
TSG Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). This section describes our policy on HIPAA in more detail.
Subscriber’s Responsibilities
All Subscribers are required to comply with applicable law and have certain obligations with respect to their use of TSG Services. For example, you are required to keep a backup of your data, promptly remove any malware from your account, and cooperate with TSG and utilize hardware and software that is compatible with the Services.
Payment
TSG offers a great range of Services to suit everyone’s needs and at prices to suit everyone’s pockets. The fees you pay are based on the plan you choose and any add-on products you purchase. All payments are taken, in advance, for the full term of your plan.
Term and Automatic Renewal
To ensure uninterrupted service, TSG Services will automatically renew on your renewal date. This section explains this process in more detail.
Termination and Non-Payment
TSG offers hosting plans for a fixed period of time that you select upon purchase (e.g., 1 year, 2 year, etc.). Even though we do not want you to, we know that one day you might want to leave TSG. The instructions to cancel or disable automatic renewal can be found in section 13 of this document.
Refund Policy
This section describes TSG’s 30-Day Money-Back Guarantee. If you purchase an account with a thirty (30) day money-back guarantee and cancel during the first thirty (30) days of your term, you may receive a full refund of all basic hosting fees paid.
Resource Usage
Customers are required to utilize server resources in an efficient and responsible manner. Excessive use of server CPU and memory resources by a customer can interfere with or prevent normal service performance for other customers. Additional information about our policy on CPU, Bandwidth and Disk Usage can be found in section 17 of this document.
Governing Law and Arbitration
The governing law and jurisdiction provision as set forth in Section 26(a) shall apply to all Subscribers. For Subscribers who purchased or signed up for TSG Services after January, 1, 2019, the arbitration clause in Section 26(b) shall also apply.
This Agreement is an agreement between TSG Inc. (“us,” “we,” or “TSG”) and you (“Subscriber” or “you” and “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by TSG and through the TSG website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. Please read this Agreement carefully.
We may in our sole discretion change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on the TSG website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services and your sole remedy is to cancel your account.
Policies.
Use of the Services is also governed by the following policies and agreements, which are incorporated by reference. By using the Services, if applicable, you are also agreeing to the terms of the following policies and agreements.
Additional terms may apply to certain Services, and such additional terms will be made available to you and will be incorporated by reference with such Services.
Privacy Policy
Acceptable Use Policy
Domain Name Dispute Policy
Copyright Claims Policy
Data Request Policy
Anti Spam Policy
Ownership Dispute/Change Policy
Domain Registration Agreement
Eligibility; Registration and Account Security.
The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.
If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to TSG, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.
You acknowledge and accept that despite the security measures TSG takes in connection with the Services, TSG’s system and/or Subscriber Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, TSG may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that TSG shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Subscriber Content and Subscriber Websites.
Dedicated Servers. TSG 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 system operations and security teams. It is your responsibility to ensure that there is a valid email address and current root password on file for your dedicated server to prevent downtime from forced password resets. TSG reserves the right to audit servers as needed and to perform administrative actions at the request of our teams. Dedicated servers are NOT backed up by us. It is your responsibility to maintain backups.
HIPAA Disclaimer.
The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. TSG does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Subscribers requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using the Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. TSG does not sign “Business Associate Agreements,” and you agree that TSG is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone or chat.
Prohibited Persons (Countries, Regions, Entities, and Individuals).
The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, TSG also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.
TSG Content
Except for Subscriber Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “TSG Content”), are the property of TSG or its licensors. No TSG Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any TSG Content. Any use of the TSG Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the TSG Content granted herein. All rights of TSG or its licensors that are not expressly granted in this Agreement are reserved to TSG and its licensors.
Subscriber Content.
You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “Subscriber Content”). Subscriber Content includes any content posted by you and users of any of your websites hosted through the Services (“Subscriber Websites”). You are solely responsible for any and all Subscriber Content and any transactions or other activities conducted on or through Subscriber Websites. By posting or distributing Subscriber Content on or through the Services, you represent and warrant to TSG that (i) you have all necessary rights to post or distribute such Subscriber Content, and (ii) your posting or distribution of such Subscriber Content does not infringe or violate the rights of any third party
You acknowledge and agree that TSG may, but is not obligated to, monitor Subscriber Content and may immediately take any corrective action in TSG’s sole discretion, including without limitation removal of all or a portion of the Subscriber Content, and suspension or termination of any and all Services without refund of any pre-paid fees. You hereby agree that TSG shall have no liability due to any corrective action that TSG may take, including without limitation suspension or termination of Services.
You hereby grant to TSG, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute Subscriber Content and the Subscriber Website; and (ii) make archival or back-up copies of the Subscriber Content and the Subscriber Website. Except for the rights expressly granted above, TSG is not acquiring any right, title or interest in or to the Subscriber Content, all of which shall remain solely with you.
Payment Card Industry Security Standard Disclaimer.
TSG complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information. However, you are solely responsible for the security of the data and billing information you collect on your Subscriber Website. TSG will not monitor Subscriber Websites for compliance and therefore we are not able to verify whether your Subscriber Website complies with the PCI Standard.
Compliance with Applicable Law.
You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding User Content, User Websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from the United States or the country in which you reside. The Services are controlled and operated by us from our offices within the United States (although we may share data with third parties around the world to assist us in providing the Services as further described in our Privacy Policy) and we make no representation that the Services are appropriate or available for use in other locations. Those who access the Services from other locations do so at their own initiative and risk and are fully responsible for compliance with all applicable laws in those locations. We do not offer the Services where prohibited by law.
For the purposes of European Directive 95/46/EC, the General Data Protection Regulation 2016/679) (“GDPR”) and any applicable national implementing laws in your jurisdiction, and with respect to your subscribers’ or customers’ personal data, you acknowledge and agree that you are the Controller (as that term is defined in the GDPR), and we are a Processor (as that term is defined in the GDPR) insofar as you may store personal data through your use of our Services only as permitted and subject to the terms of this Agreement. You also acknowledge and agree that you are responsible for complying with all obligations of a data controller under applicable law (including the GDPR).
To the extent the GDPR applies to you, you represent and warrant that in using our Services, you will clearly describe in writing how you plan to use any personal data collected and you will ensure you have a legitimate legal basis to transfer such personal data to us and that you have the necessary permission to allow us to receive and process (e.g., store) such personal data on your behalf. The additional data processing terms set forth shall apply where you are a Controller subject to the GDPR.
Additional User Responsibilities.
You will be solely responsible for all activities conducted on or through a Subscriber Website, including any transactions or interactions with end users of a Subscriber Website. You will be solely responsible for providing such end users with any required disclosure or explanation of the various features of the Subscriber Website and any goods or services offered thereon, as well as any terms of use and privacy policy for the Subscriber Website.
You will cooperate fully with TSG in connection with TSG’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in your performance of your obligations under this Agreement will extend the time for TSG’s performance of its obligations that depend on your performance.
You will be solely responsible for ensuring that all Subscriber Content and Subscriber Websites are compatible with the hardware and software used by TSG to provide the Services, which hardware and software may be changed by TSG from time to time in its sole discretion.
You will be solely responsible for backing-up all Subscriber Content, including any Subscriber Websites off of TSG’s servers. This is an affirmative duty. TSG is not responsible for the loss of any Subscriber Content. Note: It is essential that Subscribers backup files offline, even if user purchases or has products, such as Site Backup and Restore.
You will use your best efforts to ensure that the Subscriber Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
You will not use the Services in any manner, as determined by TSG in its sole discretion, that:
Engages in or promotes illegal activity;
Engages in or promotes behavior that is defamatory, harassing, abusive or otherwise objectionable;
Infringes the intellectual property rights or other proprietary rights of any third party;
Violates the privacy rights or publicity rights of any third party;
Interferes with the operation of the Services; or
Violates the terms and conditions of this Agreement or any of the policies or agreements incorporated by reference herein.
Third Party Websites.
The Services may contain links to other websites that are not owned or controlled by TSG (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of the Third Party Sites or the Third Party Content. If you decide to access the Third-Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.
Payment.
Fees Due. You will pay to TSG all fees for the Services set forth in the registration form presented to you at the time you order the Services. All fees are non-refundable when paid except as otherwise provided herein.
Pricing. TSG may change our prices from time to time. TSG may increase the fees for the Services (i) as permitted in the applicable Service description published on the TSG website or in a promotional offer (collectively, the “Service Description”), and (ii) at any time on or after the expiration of the Initial Term by providing at least thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the Subscriber billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) pricing notifications for renewal terms sent via email. It is your sole responsibility to periodically review all billing-related information provided by TSG through the Subscriber billing tool or other methods of communications and notices sent or posted by TSG.
Taxes. The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder. All such taxes may be added to TSG’s invoices for the fees as separate charges to be paid by you.
Add-On Services. If you purchase certain add-on services from TSG such as Domain Privacy, SSL certificates, or security services, you may be required to apply the Service to a specific domain name to begin using the Service. TSG is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services.
Disputes. You have ninety (90) days to dispute any charge or payment processed by TSG. If you have a question concerning a charge you believe is incorrect, please email us at Wecare@spartanitgroup.com. If you initiate a chargeback, there may be a minimum charge of $45.00 plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Hosting accounts that have an open dispute may be disabled for security purposes.
Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.
Term and Automatic Renewal.
Initial Term. The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the “Initial Term”).
Automatic Renewal. Unless you cancel the Services or disable the automatic renewal option as set forth in sub-section d below, following the expiration of the Initial Term the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Term”). The Initial Term and any Renewal Terms shall be collectively referred to as the “Term.” For Services with Term lengths of three (3) months or longer, TSG shall provide notice of the upcoming charge for each renewal to Subscriber no later than thirty (30) days prior to the payment date for each Renewal Term. The payment date for Services with Term lengths of three (3) month or longer shall be fifteen (15) days prior to the end of the then current Term. For accounts with a Term of one (1) month, the payment date will occur twenty-four (24) hours prior to the expiration of Subscriber’s Services without any prior notice.
If you do not want the Services to automatically renew, you must opt out of the automatic renewal option at least sixteen (16) calendar days before the end of your then current Term or else your payment method on file will be charged as described above. The procedure to disable automatic renewal can be found in subsection (d) below. If you wish to terminate the Services, please review Section 13.
Disabling automatic renewal option.
Disabling automatic renewal option for basic hosting services. You may disable the automatic renewal option for your hosting account at any time online via the Account tab in your Customer Portal. In the event that the account expires, all User Content will be permanently removed from the server. Please make a backup of all User Content before you disable autorenewal. So long as your Account remains active, other products and services on the Account such as domain names or Domain Privacy will continue to autorenew.
Disabling automatic renewal option for domain names or Domain Privacy. You may disable the automatic renewal option for domain names and Domain Privacy at any time online via the Domain tab in your Customer Portal.
Disabling automatic renewal option for SSL certificates. You may disable the automatic renewal option for SSL certificates at any time online via the Addons tab in your Customer Portal
For other add-on services please contact TSG by email or online chat for assistance.
Termination and Non-Payment.
Failure to Pay. If you fail to pay the fees due for the Services, we may suspend or terminate your Services and pursue any collection costs incurred by TSG, including without limitation, any arbitration and legal fees and TSG’s reasonable attorneys’ fees. If any check is returned for insufficient funds, TSG may impose a minimum processing charge of $35.00 plus any applicable taxes. Accounts will not be reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost Subscriber Content that results from any suspension or termination of the Services.
Dedicated servers: If you make a late payment we do not automatically reactivate the dedicated servers. Contact TSG’s billing department to discuss options to reactivate the dedicated server.
Termination Procedure. You may terminate the Services you purchased at any time during the Term by giving TSG notice by email or online chat. The cancellation request is subject to verification of ownership of the account and/or domain, as determined in TSG’s sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation subject to the terms of the thirty (30) day money-back guarantee if applicable. After the account is canceled, all Subscriber Content will be permanently removed from the server. Please make a backup of all Subscriber Content before you contact TSG to cancel your account.
Termination by TSG. TSG may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due hereunder to TSG; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm TSG or others, cause TSG or others to incur liability, or disrupt TSG’s business operations (as determined by TSG in its sole discretion); (iv) you are abusive toward TSG staff in any manner; or (v) for any other lawful reason or as otherwise specified in this Agreement. In such event, TSG will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Modification of Services. TSG reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Data Deletion.
Shared Hosting Accounts. Upon termination of the Services for any reason, Subscriber Content, Subscriber Websites, and other data will be deleted. You are solely responsible for maintaining backup copies of all Subscriber Content, Subscriber Websites, and other data. TSG is not responsible for the loss of any Subscriber Content. It is essential that Subscribers backup files offline, even if Subscribers purchase or have products, such as Site Backup and Restore.
VPS and Dedicated Accounts. Upon termination of the VPS or Dedicated Hosting services for any reason, access to your cPanel account will be restricted for a period of approximately seven (7) days and you will not be able to log into your cPanel account. If the account has not been renewed after eight (8) days following expiration, the server will be suspended for approximately thirteen (13) days. Dedicated servers that have invoices outstanding for more than twenty-one (21) days may be subject to being reclaimed which will result in the loss of all data on the server. TSG is not responsible for any loss of data resulting from such deletion.
Refund Policy.
30 Day Money-Back Guarantee
If you purchase an account with a thirty (30) day money-back guarantee, you may receive a full refund of all hosting fees paid (the “Money-back Guarantee Refund”) if you cancel within the first thirty (30) days of the Initial Term (the “Money-back Guarantee Period”). To request a Money-back Guarantee Refund, please contact our billing department by emailing us at billing@spartanitgroup.com or by using our online Live Chat. The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this Section 14. Money-back Guarantee Refunds only apply to hosting services and certain add-on products or services and do not apply to domain registration fees (except as set forth below during the first three (3) days of registration), setup fees, or any fees for additional Services.
The Money-back Guarantee Refund is valid for credit card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the Money-back Guarantee Refund for other payment methods.
Nonrefundable Fees.
Fees paid by Subscriber in connection with the purchase of add-on services, including without limitation, SSL certificates, AppMachine, Site Backup Pro, Pay Per Click Marketing (PPC), cPanel QuickStart, WordPress QuickStart, Site Doctor, website transfer, Design Service Standard, Design Service Plus, Design Service Premium, SEO Package, SiteLock, domain privacy, and domain names are non-refundable, as are payments made by check for $10.00 or less due to processing fees, unless otherwise expressly provided.
Domain Registration Fees.
In the event Subscriber cancels the Services within three (3) calendar days of registration and requests a refund in compliance with the terms and conditions of this Section 14, Subscriber will receive a Money-back Guarantee Refund. In addition, Subscriber has the option, but not the obligation, to retain ownership and control of any promotional “Free Domain Name” registered in connection with the subscription. In the event Subscriber wishes to retain the domain, Subscriber’s refund will be reduced by $15.99 per domain name.
In the event Subscriber cancels the Services after the expiration of three (3) calendar days following registration, but prior to the expiration of thirty (30) calendar days, Subscriber will receive a Money-back Guarantee Refund provided that if Subscriber registers any domain name as part of a “Free Domain Name” promotion in connection with the registration, Subscriber’s refund will automatically be reduced by $15.99 per domain name. Subscriber will retain full ownership and control of any such domain names.
Cancellations After 30 Days. TSG does not offer refunds for cancellations that occur after thirty (30) calendar days following the purchase.
TSG as Reseller or Licensor.
TSG is a reseller or licensor of certain third-party products and services (collectively, “Third Party Services”). Your purchase and use of Third-Party Services are generally subject to the applicable third party’s terms and conditions. TSG is not be responsible for any changes in the Services that cause any Third-Party Services to become obsolete, require modification or alteration, or otherwise affect the performance of such Third-Party Services. Any malfunction or manufacturer’s defects of Third-Party Services either sold, licensed or provided by TSG to you or purchased directly by you and used in connection with the Services will not be deemed a breach of TSG’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Third-Party Services are limited to those rights extended to you by the manufacturer of such Third Party Services. You are entitled to use Third Party Services supplied by TSG only in connection with your permitted use of the Services unless otherwise expressly provided.
Internet Protocol (IP) Address Ownership.
If TSG assigns you an Internet Protocol (“IP”) address for your use, you shall have no right to use that IP address except as permitted by TSG in its sole discretion in connection with the Services during the Term. TSG shall retain ownership of all IP addresses assigned to you by TSG, and TSG reserves the right to change or remove any and all such IP addresses in its sole discretion.
Resource Usage.
Shared Hosting
Acceptable Use Policy. Hosting space is intended for use in accordance with TSG’s Acceptable Use Policy, and is limited to Web files, active e-mail and content of the hosted Subscriber Websites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts. TSG expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement or the Acceptable Use Policy. TSG may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Subscriber Content for those Subscriber accounts that are found to be in violation of TSG policies. You hereby agree that TSG shall have no liability due to any action that TSG may take, including without limitation suspension or termination of Services in connection with your violation of this section.
Unlimited Hosting Space; Excessive Server Resources. TSG does not set defined limits on the amount of disk space a Subscriber can use for the Subscriber’s Website or charge fees based on the amount of storage used. However, use of TSG resources must be consistent with a shared hosting environment and must otherwise comply with this Agreement. Accounts with a large number of files (inode count in excess of 100,000) can have an adverse effect on server performance. Similarly, accounts with an excessive number of database tables (i.e., in excess of 5000 database tables) or of an excessive database size (i.e., in excess of 10GB total database usage or 5GB database usage in a single database) negatively affect the performance of the server. In the event Subscriber exceeds these amounts, TSG may request that a Subscriber’s number of files/inodes, database tables, or total database usage be reduced to ensure proper service performance. TSG reserves the right to terminate a Subscriber account, with or without notice, for excessive use of resources that result in a degradation of server performance or the Services.
Unlimited File Transfer. TSG does not set arbitrary limits on the amount of visitor traffic Subscriber Websites can receive or on the amount of content a Subscriber can upload to Subscriber Websites in any given month, nor does TSG charge additional fees based on the increased use of bandwidth, as long as the Subscriber’s use of the Services complies with this Agreement. In most cases, Subscriber Websites will be able to support as much traffic as the Subscriber can legitimately acquire. However, TSG reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.
Virtual Private Servers (VPS) and Dedicated Servers Usage.
Resource Usage. Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
Backup. Each Subscriber is solely responsible for backing-up all Subscriber Content, including any Subscriber Websites. TSG is not responsible for the loss of any Subscriber Content.
Subscriber Super-user Access. Subscriber acknowledges that Subscriber is solely responsible for any changes made with super-user access and that TSG may not be able to reverse any changes and/or recover data lost or damaged through the use of super-user privileges. TSG’s level of support to those Subscribers accessing super-user privileges will be limited as follows:
Reinstallation of corrupted modules, such as control panel files, web server files, etc.;
Reinstallation of the baseline operating system and core file image at Subscriber’s request. Subscriber acknowledges and understands that a new image install will cause the irreversible complete loss of all data stored on the server. TSG is not liable for any data lost as a result of this action;
Restoration of files from available backups at Subscriber’s request. This restoration will be a full restore of the backup files; TSG does not offer file-by-file restoration services;
TSG will not attempt any configuration or setup of DNS, firewalls, web server, etc.; and
TSG will attempt basic diagnostics upon Subscriber’s request. TSG does not offer in-depth manual diagnostics as part of the Service. Subscriber may contact TSG Professional Services to inquire about additional support offerings.
Marketing Credits.
Some TSG hosting plans include free marketing credits offered by third party vendors that can be redeemed by customers located in the United States only. Additional terms and conditions apply: Full terms and conditions for Google Adwords can be found here.
Parked Domain Services.
By registering for the Services, you agree that TSG may point your domain name or DNS to one of TSG’s or TSG’s affiliates web pages as a default landing page, and that they may place advertising on your web page (the “Parked Pages”). You shall have no right to any compensation and shall not be entitled to receive any funds related to the monetization of your Parked Pages. If you do not wish for TSG to display Parked Pages on your web page you can opt out of such practice. You can opt out of Parked Pages by updating the DNS of the domain name to point to another provider or by changing the default.html file stored on your account.
Reseller Program.
In addition to all terms and conditions described in this Agreement, the following shall also be applicable to a Subscriber participating in a TSG Reseller Program (“Reseller”), including VPS and Dedicated Hosting customers utilizing their account to provide Reseller services:
Reseller shall ensure that each Subscriber signed up by the Reseller complies with the terms and conditions of this Agreement.
Reseller cannot make any modifications to this Agreement. Any such alterations shall be deemed a violation of this Agreement and could result in the cancellation of Reseller’s accounts. TSG is not responsible for any modifications made to this Agreement by Reseller.
In the event that a Subscriber signed up by a Reseller is determined to be in violation of this Agreement, the Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with this Agreement. In addition, TSG, in its sole discretion, reserves the right to take action directly if Reseller fails to do so.
TSG is not responsible for the acts or omissions of Resellers. The Reseller hereby agrees to indemnify TSG from and against any and all claims made by any Subscriber or third party arising from the Reseller’s acts or omissions.
TSG reserves the right to revise its Reseller Program at any time. Changes will take effect when posted online or on any date as set forth in a notice provided by us.
Resellers assume all responsibility for billing and technical support for each of the Subscribers signed up by the Reseller. TSG reserves the right to refuse inquiries made to customer support from Subscribers signed up by a Reseller.
Technical Support Services.
Except as described otherwise stated below, TSG will provide technical support via chat and phone for the Services (“Technical Support Services”). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing TSG’s Technical Support Services, you grant TSG permission to access your account, if necessary, to resolve your issue. You agree that TSG and its agents and employees are not liable for any damage resulting from the provision of customer support.
Ineligibility for Technical Support Services. TSG will not provide Technical Support Services if: (a) you are in breach of this Agreement; (b) the need for Technical Support Services is due to (i) any modification or attempted modification of the Services by you or any third party outside of TSG’s control, or (ii) your failure or refusal to implement changes recommended by TSG; or (c) you are abusive toward our staff in any manner.
VPS and Dedicated Servers. TSG will provide a default operating system installation on the dedicated server hardware that permits super-user server access to our support staff. Subscriber agrees and acknowledges that if Subscriber alters or removes this server access, TSG’s ability to provide technical support to the Subscriber may be severely limited.
Disclaimer.
You acknowledge and agree that your use of the Services, including any information or content obtained through the Services, is at your own risk. You further acknowledge and agree that TSG exercises no control over, and accepts no responsibility for, the content of the information passing through TSG’s host computers, network hubs and points of presence or the Internet.
Limited Warranty.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” TSG AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “TSG PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE TSG PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE TSG PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIM ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM SUBSCRIBERS OR STORED BY SUBSCRIBERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY TSG OR TSG’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. TSG DOES NOT GUARANTEE THAT SUBSCRIBERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. TSG DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD-PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR TSG IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Limitation of Liability.
TSG SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE TSG PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY SUBSCRIBER CONTENT, SUBSCRIBER WEBSITE OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF TSG IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TSG’S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO TSG FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT. NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THIS AGREEMENT OR OUT OF THE SERVICES MAY BE BROUGHT BY YOU, THE SUBSCRIBER, MORE THAN ONE (1) YEAR AFTER THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION ON LIABILITY FOR NEGLIGENCE THAT CAUSES DEATH OR PERSONAL INJURY AND, IN SUCH JURISDICTIONS, TSG’S LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Indemnification.
You agree to indemnify, defend and hold harmless the TSG Parties from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the TSG Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions, except to the extent any of the foregoing directly results from TSG’s own gross negligence or willful misconduct. The terms of this section shall survive any termination of this Agreement.
Governing Law and Arbitration.
Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of the State of Indiana. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this Agreement must be brought in a state or federal court located in Indianapolis Marion County, Indiana. You irrevocably consent to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum.
Arbitration.
For all Subscribers who signed up for or purchased Services on or after
January 1st 2019, the following terms shall also apply:
TSG and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Agreement between TSG and you.
A party who intends to seek arbitration must first send written notice to TSG’s Legal Department of its intent to arbitrate (“Notice”). The Notice to TSG should be sent by any of the following means: (i) electronic mail to legal@spartanitgroup.com; or (ii) sending the Notice by utilizing the Customer Portal and submitting a ticket. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or TSG may commence an arbitration proceeding.
The arbitration shall be governed by the Consumer Arbitration Rules (the “Arbitration Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, provided, however, that the arbitrator is bound by the terms of this Agreement.
In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, TSG will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b), then the payment of arbitration costs shall be governed by the Arbitration Rules. In such case, you agree to reimburse TSG for all monies previously disbursed by it that are otherwise your obligation to pay under the Arbitration Rules. If the arbitrator grants relief to you that is equal to or greater than the value of your demand, TSG shall reimburse you for your reasonable attorneys’ fees and expenses incurred for the arbitration.
You agree that, by entering into this Agreement, you and TSG are waiving the right to a trial by jury.
If you initiate litigation or any other proceeding against TSG in violation of this section, you agree to pay TSG’s reasonable attorneys’ fees incurred in connection with its enforcement of this section.
The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR TSG MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER SUBSCRIBERS OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
Miscellaneous.
Backups. For its own operational efficiencies and purposes, TSG from time to time backs up data on its servers but is under no obligation or duty to Subscriber to do so under this Agreement. IT IS SOLELY SUBSCRIBER’S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER’S FILES AND DATA ON TSG SERVERS, AND under no circumstance will TSG be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber files and/or data on any TSG server. TSG will not attempt to back up accounts that exceed 10,000 files or 10 Gigs of space for any reason and does not maintain any backups of dedicated accounts.
Independent Contractor. TSG and Subscriber are independent contractors and nothing contained in this Agreement places TSG and Subscriber in the relationship of principal and agent, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Headings. The headings herein are for convenience only and are not part of this Agreement.
Entire Agreement. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
Severability. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
Assignment; Successors. You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of TSG. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. TSG may assign its rights and obligations under this Agreement and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, you acknowledge and agree that any supplier of a third-party product or service that is identified as a third-party beneficiary in the Service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products nor services against you as if it were a party to this Agreement.
WordPress Plugins.
If you install or use WordPress plugins operated by Automattic on your hosting account, you also acknowledge and agree to (1) the WordPress.com Terms of Service located at (https://en.wordpress.com/tos/) which apply to your use of all Automattic products and services; and (2) the Automattic Privacy Policy located at (http://automattic.com/privacy/), including without limitation, Automattic’s collection of data as described therein.
University Program.
In addition to all terms and conditions described in this Agreement, the following may also apply if you participate in the university program.
TSG may provide discounted student rates to participating universities for their students. For the avoidance of doubt, only the student, not the university, is the Subscriber and registered holder of the account. Accordingly, the student is solely responsible for complying with the terms and conditions in this Agreement. TSG will support such accounts in accordance with its usual practices.
Billing information is provided by the student at sign-up or, if the University has prepaid the Initial Term, when the student signs up for additional products or services or renews the account after the Initial Term.
Please note, that any and all amounts prepaid for accounts purchased by the University are non-refundable, once the account has been created by the student.
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Online Services Terms of Services
On Behalf of THE SPARTAN IT GROUP, You agree to follow the below, When using our website and ticketing services and or other services we offer to clients online.
Acceptance of Terms of Us
By using, visiting, or browsing any web site or portal published by THE SPARTAN IT GROUP and any of its affiliates or subsidiaries (collectively, “THE SPARTAN IT GROUP”) (collectively, the “Web Site(s)”) you accept, without limitation or qualification, these Terms of Use and agree, without limitation, to the terms of our Privacy Policy. If you do not agree to these Terms of Use and our Privacy Policy, please do not use our services or visit our Websites. Acceptance of these Terms of Use constitutes a legal agreement between you and THE SPARTAN IT GROUP.
Changes to Terms of Use
THE SPARTAN IT GROUP may at any time revise these Terms of Use. You are bound by any such revisions and should therefore periodically visit this page to determine the then current terms of use and conditions to which you are bound. Your use of the Websites after changes are made means you agree to be bound by the Terms of Use and Privacy Policy of the Web Site you visit as such Terms of Use and Privacy Policy exist at that time.
Limitations of Use
You must be 18 years of age or older to access our Websites or use our services. By accessing our Websites, you agree not to upload, post, E-mail or otherwise send or transmit any material that contains software viruses 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 associated with the Websites. You also agree not to interfere with the servers or networks connected to the Websites or to violate any of the procedures, policies or regulations of networks connected to the Websites, the terms of which are incorporated herein. You also agree not to impersonate any other person while using the Websites, conduct yourself in an inappropriate, offensive, indecent, or vulgar manner while using our service or Websites, or use the Websites for any unlawful purpose. You further agree to only submit content to the Websites that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. THE SPARTAN IT GROUP reserves the right to terminate your access to the Websites or any of its services if it determines that you do not comply with these terms and conditions; provide false, inaccurate, or incomplete information during our registration process; engage in any conduct that would otherwise harm any of THE SPARTAN IT GROUP’s rights or interests in its Websites, services, or other property; or for any or no reason whatsoever without prior notice to you.
Monitoring and Management of Content of Websites
THE SPARTAN IT GROUP shall have the right, but not the obligation, to monitor the content of the Websites to determine compliance with these Terms of Use and any other operating rules established by THE SPARTAN IT GROUP, as well as to determine compliance with applicable laws, including but not limited to, copyright laws. THE SPARTAN IT GROUP shall have the right in its sole discretion to edit, refuse to post, block access to, or remove any material submitted to or posted on the Websites that THE SPARTAN IT GROUP finds to be in violation of these Terms of Use or that THE SPARTAN IT GROUP believes may violate laws or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity.
Links
Some of the hyperlinks on the Websites may lead to third-party Websites. These Websites are not controlled by, or affiliated with, THE SPARTAN IT GROUP. In addition, other Websites may link to our Websites. THE SPARTAN IT GROUP is not responsible for the content or privacy policies of these third-party Websites.
Intellectual Property
The elements of the Websites, including, but not limited to, text, graphics, logos, depictions, designs, photographs, images, digital downloads, data compilations, sound, video, and software are protected by United States and international copyright, trademark, and trade dress laws and are the property of THE SPARTAN IT GROUP or its affiliates. The compilation of the content on the Websites is the exclusive property of THE SPARTAN IT GROUP. Any and all articulates any intellectual property or other assets created for or under THE SPARTAN IT GROUP dominion stay THE SPARTAN IT GROUP property regardless of the content creator’s current affiliation with the company
Copyrights
The copyright in all materials provided on the Websites is owned by THE SPARTAN IT GROUP or its affiliate(s). Except as stated herein, none of the material contained in the Websites may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of THE SPARTAN IT GROUP. Permission is hereby granted to view, copy, print and download the materials on the Websites for personal, noncommercial use only provided such materials are used for informational purposes only, and all copies, or portions thereof, include this copyright notice. THE SPARTAN IT GROUP may revoke any of the foregoing rights at any time. You may not, without THE SPARTAN IT GROUP’s prior written consent, “mirror” any material contained on the Websites on any other server. Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and printed materials obtained from a Web Site. Any unauthorized use of any material contained on the Websites may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
Trademarks
The trademarks, service marks and logos (“Trademarks”) used and displayed on the Websites are registered or unregistered Trademarks of THE SPARTAN IT GROUP. Nothing on the Websites shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark displayed on the Websites without the prior written consent of the Trademark owner. The name of THE SPARTAN IT GROUP or any Trademark may not be used in any way including in any advertising or publicity pertaining to distribution of materials on the Websites without the prior written consent of THE SPARTAN IT GROUP prohibits the use of any THE SPARTAN IT GROUP logo and Trademark as a “hot” link to any web site unless establishment of such link is approved in advance by THE SPARTAN IT GROUP in writing.
DISCLAIMER OF WARRANTY
THE MATERIALS CONTAINED ON THE Websites ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE Websites; ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON THE Websites; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE CONTENT PROVIDED ON THE Websites; OR ANY CONDUCT BY USERS OF THE Websites. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO APPLICABLE LAW, THE SPARTA CONSULTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATIONS OF RIGHTS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE SPARTAN IT GROUP, ITS FOUNDERS, STAFF , OFFICERS, OR MEMBERS BE LIABLE (JOINTLY OR SEVERALLY) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFIT, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE MATERIALS ON THE Websites, EVEN IF THE SPARTAN IT GROUP A THE SPARTAN IT GROUP REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Use of Information Submitted to the Websites
THE SPARTAN IT GROUP is free to use any comments, information, ideas, concepts, reviews, or techniques contained in any communication you may send to the Websites without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing and marketing products and creating, modifying or improving the Websites or other Websites. Furthermore, by posting any information on our Websites, you grant us a nonexclusive, royalty-free, worldwide, perpetual license to display, use, reproduce or modify that information. Any information submitted on the Websites is subject to THE SPARTAN IT GROUP Privacy Policy, the terms of which are incorporated herein.
Indemnity
You agree to indemnify, defend and hold harmless THE SPARTAN IT GROUP, its Founders, Staff, Officers, and Employees, from and against any claims, actions, or demands, including, but not limited to, reasonable legal and accounting fees, alleging or resulting from your use of the Websites or your breach of these Terms of Use. THE SPARTAN IT GROUP shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.
Private Systems
This is a secured, private computer system owned by THE SPARTAN IT GROUP . All Information contained on this system is deemed to be PRIVATE, PROPRIETARY, CONFIDENTIAL and the property of THE SPARTAN IT GROUP , Its affiliates, divisions or subsidiaries. Unauthorized access or use is strictly prohibited. Any use of THE SPARTAN IT GROUP resources must be in compliance with THE SPARTAN IT GROUP policies including Electronic Mail/Communication; Information System Usage; Corporate Disclosure; Unauthorized Use of Software and the Code of Ethics. By using THE SPARTAN IT GROUP resources, you agree to comply with THE SPARTAN IT GROUP policies. Any unauthorized access to or use of THE SPARTAN IT GROUP Resources may be punishable in a court of law.
Please contact our Legal Department for more info legal@spartanitgroup.com
Choice of Law
You agree that any issue or dispute arising out of or in connection with your use of our Websites, intellectual property, the Terms of Use, the Privacy Policy, or any matter concerning THE SPARTAN IT GROUP shall be governed by the laws of the United States and Indiana. You agree that any such issue or dispute shall be brought exclusively in the federal or state courts located in Hendricks County, Indiana. If any provision of the Terms of Use or Privacy Policy is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use or Privacy Policy, which shall remain in full force and effect.
By using the Websites, you agree to comply with all applicable laws and regulations, including export and re-export control laws and regulations of the United States. The material provided on the Websites is protected by law including, but not limited to, United States copyright and trademark law and international treaties. THE SPARTAN IT GROUP makes no representation that materials contained in the Websites are appropriate or available for use in other locations and access to them from territories where their contents are illegal is prohibited. Those who choose to access the Websites from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
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Web Design and Web Development
Payments for design and/or development projects are made to us in increments as a courtesy to the client. Once a payment or deposit is made, it is non-refundable. If a project is cancelled or postponed, all monies paid are retained by SPARTAN GROUP. And if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
Other Digital Marketing Services
Payments for Search Engine Optimization, PPC, Social Media Management, Content and other digital marketing services are nonrefundable, and SPARTAN GROUP. Does not issue pro rata refunds for fees paid in advance. Once a payment or deposit is made, it is non-refundable. All setup fees are nonrefundable as they are applied to costs immediately incurred by SPARTAN GROUP. In initiating services. If a project is cancelled or postponed, all monies paid are retained by SPARTAN GROUP. And if applicable, a fee for all work completed beyond what was already paid for shall be paid by the client.
Please see your project proposal and agreement for specific details on cancellation fees and minimum commitments.
Charge backs
If we receive a charge back or payment dispute (i.e. PayPal Dispute) from a credit card company or bank, your service and/or project will be suspended without notice. A $150 charge back fee (issued to recover fees passed on to us by the credit company), plus any outstanding balances accrued as a result of the charge back(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a charge back, please contact us to address any billing issues. Requesting a charge back or opening a PayPal dispute for a valid charge from us is tantamount to fraud and is an inappropriate (and possibly illegal) legal means of obtaining a refund. Please read and make sure you fully understand our refund policy prior to making a payment.
Website Hosting
Payments for web hosting are non-refundable. Hosting accounts are set up at the time of order and are allotted a specific amount of server resources, according to the plan purchased. If you do not use the account, payment for hosting services is still due. Hosting accounts are not canceled until notice is received from the client in writing, or until 30 days after due date of payment not received.
Account Termination for Violation of these Terms
SPARTA GROUP. Reserves the right disable and/or terminate a user’s account if a user is found in violation of these terms. Accounts terminated due to policy violations will not be refunded.
Request Procedure
Refunds must be requested by sending an email to wecare@spartanitgroup.com Requests received by any other method including direct email to a staff member or forum private message cannot be considered or processed.
Change of Mind
For a Change of Mind refund request to be considered, it must be received within 30 days from the date of purchase. We do not require that you provide a reason for your request, but your feedback is appreciated. SPARTAN GROUP. May grant Change of Mind refund requests at its sole discretion and approval. If a change of mind refund request is granted, client must pay a 20% (twenty) percent processing fee to cover the costs of refunding financial transactions and time spent on the client project. Change of mind refunds apply only to single purchases. Except under extenuating circumstances, and at our sole discretion, there will be no refunds on volume purchases.
SCG may, but are under no obligation to, honor requests for refunds for the following reasons:
Non-delivery of the product: Due to an issue with the mail or courier service, you do not receive a delivery e-mail from us. Depending on the price of the product, TSG may require you to first submit proof that you have submitted a report to the mail service or courier company describing the missing item;
Download issues: You have problems that prevent you from downloading the product. TSG recommends that you contact the support team for your browser provider, as TSG ensures that our software can be downloaded with all major browsers, and this problem usually arises from a customer’s issue with either their browser, firewall, or network;
Irreparable defects with the software: Although all the products are thoroughly tested before release, unexpected errors may occur. This reason should be submitted to our Support Team for its approval of your refund request;
Product not-as-described: A request based on this reason is addressed on a case-by-case basis and subject to our approval. To prevent this kind of claim from arising, every customer is encouraged to check free samples (in the form of video overviews, demo links, product samples, and screen shots) of each type of the product offered before making a purchase.
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TSG Standard Support shall include the following:
Cloud Services Updates
Updates may be made to Cloud Services for many reasons including, but not limited to the following: security fixes, critical patches, general maintenance, functionality, and documentation. TSG is under no obligation to develop any future functionality or enhancements. If an update for the Cloud Services is made available to Customer pursuant to these Cloud Services Support Policies, it shall automatically replace the previous version of the applicable Cloud Services. Where practical, TSG will schedule such Cloud Services Updates during non-business hours and will provide Customer with notice.
Support
Any Customer User may log a support request via web-based ticketing system or telephone on a 24×7 basis. TSG shall process support requests using a ticketing procedure so that each query shall receive a ticket number and may be tracked until it is satisfactorily resolved.
TSG will use commercially reasonable efforts to ship a replacement Hardware unit to Customer within 48 hours of TSG’ remote validation of a Hardware Error. Hardware Errors that impair Customer’s access to the Cloud Services will not be considered a lack of availability under Critical.
Classifying a Support Incident
TSG Support shall identify the severity of the support request, based on the evidence provided by Customer and the definitions set forth in the below table. All new support cases are created, by default, as Severity 3. If Customer believes that the support request should be classified as something other than Severity 3, it is recommended that Customer phone the request in to Support and request the higher Severity level to reduce delays in initial response.
Upgrade/Downgrade of Severity Level
If, during the support request process, the issue either warrants assignment of a higher severity level than currently assigned or no longer warrants the severity level currently assigned based on its current impact on the production operation of the Cloud Services offering, then the severity level will be upgraded or downgraded by TSG accordingly to the severity level that most appropriately reflects its current impact.
Cloud Services Support Target Response Times
The times set forth below are response times to a ticket logged via web or by phone. These times should not be deemed to be resolution times. TSG does not guarantee resolution times. A resolution may consist of a fix, workaround, service availability or other solution TSG deems reasonable. TSG will use reasonable efforts to meet the target response times stated in the table below.
Severity Definitions and Targeted Response Times
|
Severity |
Definition |
Targeted Response Times |
|
Severity 1 Critical |
Production issue that severely impacts Customer use of the Cloud Services. The situation halts Customer business operations and no procedural workaround exists. Service is down or unavailable. Severity 1 issues may require Customer to have dedicated resources available to work on the issue on an ongoing basis with TSG. If Customer does not provide such dedicated resource, then TSG shall not be liable for related delays. |
2 hours or less. TSG will provide continuous efforts to resolve a Severity 1 error until a workaround or resolution can be provided or until the incident can be downgraded to a lower severity level. |
|
Severity 2 High |
Major functionality is impacted or significant performance degradation is experienced. The situation is causing a high impact to portions of Customer business operations and no reasonable workaround exists. Cloud Services are operational but exhibit highly degraded performance to the point of major impact on usage. Important features of the Cloud Services are unavailable with no acceptable workaround; however, operations can continue in a restricted fashion. |
12 hours or less. If a workaround is not available, reasonable efforts will be made to release an emergency patch to resolve or mitigate the issue or to allow the severity level to be reduced. |
|
Severity 3 Medium |
There is a partial, non-critical loss of use of the Cloud Services with a medium-to-low impact on Customer business, but Customer business continues to function. Short-term workaround is available, but not scalable. |
2 business days. |
|
Severity 4 Low |
Inquiry regarding a routine technical issue; information requested on application capabilities, navigation, best practice, installation or configuration, bug affecting a small number of users. Acceptable workaround available. |
Changes to Support
TSG reserves the right to modify this Cloud Services Support Policy at any time upon thirty (30) days’ notice to Customer provided that TSG shall not materially reduce the service levels stated in this Cloud Services Support Policy. Such notice may be provided by email or by posting the revised terms on TSG’ website. Any change will be binding and effective thirty (30) days after publication of the change on TSG’ website(s), or upon notification to Customer by email. If the change materially alters the service levels provided herein, Customer may notify TSG in writing and request to terminate the Agreement and receive a refund of fees paid, prorated from the date of termination to the end of the then-current Subscription Term. By continuing to the Cloud Services after thirty (30) days after the notice is provided or the changes are posted, then Customer agrees to abide by and be bound the modifications.
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Parties
Buyer (hereinafter referred to as “You” or “Credit Card Holder” or “Client”). Seller, The Spartan Group LLC a Indiana Limited Liability Company (hereinafter referred to as “Our”, “Us” or “We”).
Electronic Consent
In lieu of this electronic “MSA”, you have a right to request a paper copy of these “Terms & Conditions” before signing up. If you want a paper copy, please talk to one of our sales representatives or call us free 317.451.2097 and we will send you a paper copy via email, mail or fax.
Terms and Conditions
- STANDARD TERMS AND CONDITIONS: These are the standard terms and conditions for Website Design and Development and apply to all contracts and all work undertaken by The Spartan Group LLC for its clients.
- OUR FEES AND DEPOSITS: A 50% deposit of the total fee payable under our proposal is due immediately upon you instructing us to proceed with the website design and development work. We reserve the right not to commence any work until the deposit has been paid in full. All prices listed are in U.S Dollars. The remaining 50% shall become due when the work is completed to your reasonable satisfaction but subject to the terms of the “approval of work” and “rejected work” clauses or 30 calendar days whichever is earlier.
- REFUND POLICY: We work sincerely & dedicatedly to satisfy you. If you are still not pleased with our work, our refund policy works as below:
100% deposit would be refund, if requested within 15 business calendar days from date of order.
- Refund not applicable on domain registration fees.
- Refund not applicable for express service clients.
- Refund not applicable for any delays out of our control.
- Refund not applicable once website is completed.
- Refund not applicable on web hosting fees.
- SUPPLY OF MATERIALS: You must supply all materials and information required by us to complete the work in accordance with any agreed specification. Such materials may include, but are not limited to, photographs, written copy, logos and other printed material. Where there is any delay in supplying these materials to us which leads to a delay in the completion of work, we reserve the sole right to extend any previously agreed deadlines by a reasonable amount. Where you fail to supply materials, and that prevents the progress of the work, we have the right to stop work and invoice you for any balance on the contract.
- VARIATIONS: We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of design proposals to a reasonable amount and may charge for additional designs if you make a change to the original design specification. Our website development phase is flexible and allows certain variations to the original specification. However, any major deviation from the specification will be charged at the rate of $75 per hour.
- PROJECT DELAYS AND CLIENT LIABILITY: Any time frames or estimates that we give are contingent upon your full co-operation along with complete and final content for the work pages. During development there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available on a daily basis in order to expedite the feedback process. We will not be responsible if the TSG project remains largely unfinished or is delayed, due to your own inaction, or by not approving design mockups / requesting TSG changes on time. After the initial 30 calendar days, if the project is still unfinished, $65/hour would be billed for any further change request.
- APPROVAL OF WORK: On completion of the work you will be notified and have the opportunity to review it. You must notify us in writing of any unsatisfactory points within 7 days of such notification. Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been approved. Once approved, or deemed approved, work cannot subsequently be rejected and the contract will be deemed to have been completed and the 50% balance of the project price will become due.
- REJECTED WORK: If you reject any of our work within the 7-day review period and not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably, consider that you have been unreasonable in any rejection of the work, we can elect to treat this contract as complete and take measures to recover payment for the contracted work.
- PAYMENT: Upon completion of the 7-day review period and before the launch of website on your domain name, we will invoice you for the 50% balance of the project. We will never automatically charge your card without your approval. We reserve the right to remove any TSG Project from viewing on the Internet until final payment is made. You unconditionally and personally guarantee the payments. In case collection proves necessary, you agree to pay all fees (including all attorney’s fees and court costs) incurred by that process.
- COPYRIGHTS & TRADEMARKS: You must obtain all necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks, or any other material that you supply to us to include in your website or web applications. You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
- LICENSING: Once you have paid us in full for our work we grant to you a license to use the website and contents for the life of the website. Web design templates, themes, plugins, and coding, is property of The Spartan Group, LLC. Client is authorized to, modify, change content, or destroy any part of the website. Client MAY NOT claim the design of the website, or creation of the website. Client MAY NOT remove “Designed by The Spartan Group” footer credit, unless authorized by a TSG Staff Member.
- SEARCH ENGINES: All website designed by us are search engine friendly. However, we do not guarantee any specific position in search engine results for your website. We perform search engine optimization according to current best practice at an additional cost.
- CONSEQUENTIAL LOSS: We shall not be liable for any loss or damage which you may suffer which is in any way attributable to any delay in performance or completion of our contract, however that delay arises.
- DISCLAIMER: Notwithstanding anything to the contrary contained in this contract, neither The Spartan Group LLC nor any of its employees or agents, warrant that the functions contained in the TSG project will be uninterrupted or error-free. In no event will The Spartan Group LLC or its owners or employees will be liable to you or any third party for any damages, including, but not limited to, service interruptions caused by Acts of God, the hosting service or any other circumstances beyond our reasonable control, any lost profits, lost savings or other incidental, consequential, punitive, or special damages arising out of the operation of or inability to operate the website, failure of any service provider, of any telecommunications carrier, of the Internet backbone, of any Internet servers, your or your site visitor’s computer or Internet software, even if The Spartan Group LLC has been advised of the possibility of such damages.
- ASSIGNMENT: We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
- NON-DISCLOSURE: We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
- ADDITIONAL EXPENSES: You agree to reimburse us for any requested expenses which do not form part of our contracted proposal including but not limited to additional pages, purchase of third party software, stock photographs, fonts, domain name registration, web hosting, SEO or advertising services or any other comparable expenses. These extra add-ons have to be paid immediately upon your request.
- BACKUPS: You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us.
- OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING: We will supply to you with account credentials for domain name registration and/or web hosting that we purchased on your behalf when you reimburse us for any expenses that we have incurred.
- RIGHT OF REFUSAL: The Spartan Group LLC reserves the right to refuse or terminate service to anyone for any reason not prohibited by law. Also, we have the right to be free from acts or threats of disruptive behavior, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated. No refund would be provided in case of abusive communications.
- GOVERNING LAW: Regardless of the place of signing of this agreement, you agree that for purposes of venue, this agreement was entered into in the Commonwealth of Indiana, United States. Any dispute will be litigated or arbitrated in the Commonwealth of Indiana, and you hereby consent to the personal jurisdiction of the Hendricks County, Indiana Courts.
This Agreement constitutes the entire understanding of the parties. Any changes or modifications thereto must be in writing and agreed by both parties.
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DMCA
If you believe your copyright is being infringed by a person using the THE SPARTAN IT GROUP Network, please read our policy below:
In accordance with the Digital Millennium Copyright Act (DMCA), an agent has been designated to receive notification of a claimed copyright infringement for THE SPARTAN IT GROUP. All claims of copyright infringement should be directed to:
THE SPARTAN IT GROUP
85 Kensington Ct
Pittboro, Indiana
United States of America
You may submit claims via our online contact form for prompt attention
Before sending a request. Your notice must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site; and
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit THE SPARTAN IT GROUP to locate the material; and
Information reasonably sufficient to permit THE SPARTAN IT GROUP to contact you, such as an address, telephone number, and, if available, an e-mail address; and
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
THE SPARTAN IT GROUP DMCA POLICY
THE SPARTAN IT GROUP is an online service provider as defined in the Digital Millennium Copyright Act. We provide legal copyright owners with the ability to self-publish on the internet by uploading, storing and displaying various media utilizing our services. We do not monitor, screen or otherwise review the media which is uploaded to our servers by users of the service. We take copyright violation very seriously and will vigorously protect the rights of legal copyright owners. If you are the copyright owner of content which appears on THE SPARTAN IT GROUP website and you did not authorize the use of the content you must notify THE SPARTAN IT GROUP in writing in order for us to identify the allegedly infringing content and take action.
In order to more easily facilitate the process we have provided a form for your use on our contact us page. We will be unable to take any action if you do not provide us with the required information so please fill out all fields accurately and completely. Alternatively you may make a written notice via email, facsimile or postal mail to the DMCA AGENT as listed below. Your written notice must include the following:
A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner which expressly claims an exclusive right that is allegedly being infringed.
Specific identification of the copyrighted work which you are alleging to have been infringed. If you are alleging infringement of multiple copyrighted works with a single notification you must submit a representative list which specifically identifies each of the works that you allege are being infringed.
Specific identification of the location and description of the material that is claimed to be infringing or to be the subject of infringing activity with enough detailed information to permit THE SPARTAN IT GROUP to locate the material. You should include the specific URL or URLs of the web pages where the allegedly infringing material is located.
Information reasonably sufficient to allow THE SPARTAN IT GROUP to contact the complaining party which may include a name, address, telephone number and electronic mail address at which the complaining party may be contacted.
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law.
A statement that the information in the notification is accurate, and under penalty of perjury that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please also note that under applicable law, 17 U.S.C. 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
For DMCA Take down notices please send emails to legal@spartanitgroup.com and our team will contact you if it the DMCA complaint falls under 17 U.S.C 512(f) of the copyright laws in the United States of America
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