Terms of Service – Sprocket Networks

TERMS OF SERVICE (TOS) – This document is intended to help protect our Clients and the Internet community from the inappropriate use of the Internet. Client’s use of Sprocket Networks service constitutes acceptance of this entire document. Sprocket Networks reserves the right to revise and update this document from time to time. Client is responsible for keeping informed and aware of revisions or updates, and for abiding by the terms of this document. .

Terms of Service

Client’s use of any service constitutes acceptance of this entire document.
Sprocket Networks reserves the right to revise and update this document
from time to time. Client is responsible for keeping informed and aware
of revisions or updates, and for abiding by the terms of this document.

Acceptable use of Sprocket Network’s network Terms of Service-

  1. Sprocket Networks services may only be used for lawful purposes,
    and Client shall bear the burden of establishing that such use complies with all applicable laws. The Client is responsible for all use of the account, with or without the knowledge or consent of the Client.
  2. Sprocket Networks reserves the right to suspend or terminate any
    service at its sole discretion, with or without notice, to Client and/or
    any end-user of Client’s services or facilities. This includes, but
    is not limited to, any Client who:

    1. Violates the rules, regulations and policies applicable to any
      network, server, computer database, web site or newsgroup that Client or end-user accesses;
    2. Sends, facilitates the sending of, or unsolicited bulk mail
      messages (“SPAM”) to any person or system or sends mail-bombs (masses of e-mail or other data) to any person or system, propagates or replies to mail-bombs, or uses a Sprocket Networks website address or hosted web account to collect responses from unsolicited commercial e-mail;
    3. Hosts, provides DNS, or email services for web sites advertised
      via unsolicited bulk mail messages (“SPAM”);
    4. Uses services in a manner which is intended to abuse or to violate
      the property rights of others, including, without limitation,
      activities which result in the distribution of viruses, worms,
      time bombs, Trojan horses, or other destructive activities;
    5. Uses the services in a manner that infringes on the intellectual
      property rights of any third party or any rights of publicity
      or privacy;
    6. Violates any law, statute, ordinance, or regulation (including
      without limitation the laws and regulations governing criminal
      activity, export control, unfair competition, anti-discrimination
      or false advertising);
    7. Publishes or communicates material that is obscene, defamatory,
      trade libelous, unlawfully threatening or unlawfully harassing;
      Uses services to attempt to break security, or in fact, breaks
      security of any computer network, or to access an account without
      authorization;
    8. Forges, removes, or modifies identifying network header information
      (“spoofing”), or employs any other methods in connection
      with the transmission of e-mail used to disguise or mislead any
      user name or the source or quantity of transmissions; except
      when using deliberately misleading headers in newsgroups to avoid
      spam e-mail address collectors.
    9. Relays e-mail through any third-party systems without authority;
    10. Uses services to conduct any other activities which Sprocket Networks determines are injurious to its Clients, operations,
      or reputation;
    11. Provides false information on a Sprocket Networks service
      application, contract or on-line application, including, but not
      limited to, fraudulent credit card information;
    12. Causes any disruption of another Client’s services through any
      actions, past or present, taken by Client.
  3. Client must immediately notify Sprocket Networks of any unauthorized
    use of an account, and/or any breach, or attempted breach, of security
    known to Client. Client is responsible for ensuring that its network
    resources are configured in a secure manner. Client may not, through
    action or inaction, allow others to use its resources for illegal or
    inappropriate activities. Sprocket Networks takes no responsibility
    for the security of the communications transmitted over Sprocket Networks facilities.
  4. Sprocket Networks does not, and does not hereby assume any responsibility to, review or edit materials which Clients or its end-users publish or post on Sprocket Network ‘s facilities or the Internet, and is
    not responsible for such content, posting or activity. Sprocket Networks is not responsible for the content of any other websites linked to Sprocket Network’s or Client’s services.
  5. Sprocket Networks cooperates fully with federal and state enforcement
    officials. Sprocket Networks respects Client privacy rights and will
    not intentionally disclose Client’s online communications or activities
    except to comply with court orders, subpoenas, statutes, regulations,
    or governmental requests; in order to protect Sprocket Networks or
    its Clients from harm; or where necessary for the operation of the
    system. Sprocket Networks may occasionally and randomly monitor online communications only for mechanical or quality control checks.
  6. Sprocket Networks may, in its sole discretion, remove or disable
    Client materials or terminate services to Client with or without notice
    to Client, if Client’s materials, postings or links allegedly infringe
    trademark, copyright or other intellectual property rights of third
    parties. Client acknowledges that services will be terminated immediately
    in the event permission/license to use a trademark or service mark
    as granted by a third party, (e.g. franchisor) is revoked. Sprocket Networks is not responsible for determining if the allegations of
    infringement are valid. In addition, Sprocket Networks may terminate
    services to Client, if Client violates this provision.
  7. Clients who are Service Providers must follow the policies outlined
    above or stricter ones with regard to their end-users use of Services.
  8. Sprocket Networks, in its sole discretion, will determine on a
    case-by-case basis what action will be taken in response to a violation
    of this AUP. Sprocket Networks reserves the right to investigate
    suspected or alleged violations of this AUP, including gathering  information on its Client, its end-user, the complaining party, and examining of material on Sprocket Network’s network. Nothing contained in this policy shall be construed to limit Sprocket Network’s actions or remedies in any manner. Sprocket Networks reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Sprocket Networks service and levying cancellation charges to cover Sprocket Network’s costs in the event of termination for the causes outlined above. Sprocket networks reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.
  9. Sprocket Networks shall not be liable for any damages of any nature suffered by any Client or any third party resulting in whole or in
    part from Sprocket Network’s exercise of its rights under theses policies. By using Sprocket Networksd services, Client agrees to waive and hold harmless Sprocket Networks from any claims relating to any action taken by Sprocket Networks including conducting an investigation, issuing a warning, refusing to post material, removing material, or suspending or terminating services, or other appropriate action. This waiver applies to all violations described in this AUP.
  10. Violations of this policy shall be reported by phone to the Sprocket
    Networks’ Network Operations Center at 214.855.5020, or by email to
    noc@sprocketnetworks.com.

Billing Practices Terms of Service-

  • Payment is via major credit cards. In a few select cases AST will extend NET terms or accept wire transfers. If you have special needs, please contact sales@sprocketnetworks.com for assistance.
  • Credit cards are billed when orders are placed.
  • Unless Client requests otherwise, all services are provided on a month-to-month basis.
  • 30-days notice is required for cancellation of any service and must be submitted via a Billing ticket at here.
  • Monthly payment is due by the time stated on Sprocket Network’s invoice.
    Taxes and third party charges will be stated separately on the invoice. All taxes, fees, and governmental charges shall be paid by Client.
  • Server rebuilds for colocation or dedicated servers will be billed at $75 each. VPS rebuilds are free.
  • Server support will be billed at $75 an hour unless customer has a managed services contract in place at which time the customer will be billed per the contract.
  • Inability to provide payment by the invoiced due date will result in service being suspended 72 hours after notice is emailed to Client. A $75 administration fee will also be assessed to the account. Suspended accounts will be terminated after 5 days. At that time, Dedicated Server and Shared Hosting accounts will have all data deleted.
  • In the event Client equipment is not removed within thirty (30) days of the effective expiration date of any service, and/or the balance for the account is not paid in full, the equipment shall be deemed abandoned and Client shall lose all rights and title thereto. Sprocket Networks will then be granted all ownership rights to use or dispose of said equipment as it sees fit.
  • Unless a contract is in place to the contrary, Sprocket Networks may increase prices upon 30 days prior written notice.

Miscellaneous Terms of Service-

  • Client will comply with the rules appropriate to any network to
    which Sprocket Networks may provide access. Client should not post,
    transmit, or permit Internet access to information Client desires to
    keep confidential. Client is not permitted to post any material that
    is illegal, libelous, tortuous, or likely to result in retaliation against Sprocket Networks by offended users. Sprocket Networks reserves the right to refuse or terminate service at any time. Client will indemnify Sprocket Networks and hold Sprocket Networks harmless from any damage to Sprocket Network’s business, service, equipment, network, operations, or reputation resulting from Client’s actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy, or other tort.
  • Sprocket Networks is not liable for any errors or interruption in service, whether within or outside of Sprocket Network’s reasonable control. Service may be temporarily unavailable for scheduled maintenance,
    either by Sprocket Networks or by third-party providers, or because of other causes.
  • Sprocket Networks will not be responsible for damages Client suffers,including but not limited to loss of data, delays, non-deliveries,
    mis-deliveries, or service interruptions caused by its own or Client’s
    negligence, errors, or omissions.
  • Client shall indemnify and hold harmless Sprocket Networks inclusive of their respective officers, contractors, employees and agents) from and against any and all claims, costs, expenses or liability rising out of Client’s (inclusive of Client’s officers, contractors, employee agents and invitees) collective or individual use, occupancy or operation of the Sprocket Network’s services.
  • Client understands that the Internet is not considered a “secure
    communications medium” and no expectation of privacy is afforded.
  • Use of any information obtained via Sprocket Networks network is at Client’s own risk.
  • Courtesy reboots of Colocated and Dedicated Servers are provided
    free of charge during normal, non-holiday, business hours (Monday-Friday, 0800-1600 CST). Reboots outside of these hours may incur a $60 fee.
  • IRC services are not allowed.
  • Sprocket Networks reserves the right to amend, alter, or modify this document at any time in its sole and absolute discretion. Any amendment or modification is effective when posted and any use of the Sprocket Networks services after the posting of a modification or
    amendment will be considered acceptance of those modifications.
  • The Client acknowledges understanding that the Internet is a world-wide
    community of networks and systems interconnected via a common transport mechanism. Furthermore, within each network and system therein may have its on specific terms of policy which are made up of laws, directives, rules, regulations, agreements, arrangements and policies for its use. It is up to the Client to research and abide by these terms before
    accessing, utilizing, or attempting to access or utilize networks or
    systems which do not belong, or are not owned by the undersigned. Violation of any term of policy from any network or system through the service we provide is grounds for immediate termination, without warning, of that service. No refund of any type will be issued for any account terminated for violation.
  • Client agrees that the security of all services is solely Client’s responsibility. Client further agrees that if security has been compromised in any way, Client will notify Sprocket Networks immediately in writing. Client shall be held fully responsible for any misuse or compromise of Client’s services for which Sprocket Networks is not properly notified. Client agrees that if any security violations are believed to have occurred, Sprocket Networks has the right to suspend access to the server pending an investigation and resolution.

Limitation of Liability Terms of Service-

  • No warranty is expressed or implied by Sprocket Networks for any Service or Production any way. Sprocket Networks is not liable for any errors or interruption in service,whether within or outside of Sprocket Network’s reasonable control. Service maybe temporarily unavailable for scheduled maintenance, either by Sprocket Networks  or by third-party providers, or because of other causes.
  • Sprocket Networks will not be responsible for damages Client suffers, including loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence or Client’s errors or omissions.
  • Client shall indemnify and hold harmless Sprocket Networks inclusive of their respective officers, contractors, employees and agents) from and against any and all claims, costs, expenses or liability rising out of Client’s
    (inclusive of Client’s officers, contractors, employee agents and
    invitees) collective or individual use, of any Sprocket Networks Product or Service.
  • Client acknowledges that the Internet is a worldwide community of networks and systems interconnected via a common transport mechanism. Furthermore, within each network and system therein may have its own specific terms of policy which are made up of laws, directives, rules, regulations, agreements, arrangements and policies for its usage. It is Client’s responsibility to research and abide by these terms before accessing, utilizing, or attempting to access or utilize networks or systems that do not belong, or are not owned by Client. Violation of any term of
    policy from any network or system through the service Sprocket Networks provides is grounds for immediate termination, without warning, of service.
  • Client is expected to be familiar with and to practice good Internet etiquette (Netiquette). Client will comply with the rules appropriate to any network to which Sprocket Networks may provide access. Client should not post, transmit, or permit Internet access to information Client desires to keep confidential. Client is not permitted to post any material that is illegal, libelous, tortuous, or likely to result in retaliation against Sprocket Networks by offended users.
  • Sprocket Networks reserves the right to refuse or terminate service at any time. Client will indemnify Sprocket Networks and hold Sprocket Networks harmless from any damage to Sprocket Network‘s business, service, equipment, network, operations, or reputation resulting from Client’s actions, including but not limited to any government actions, acts of vandalism or other retaliation, and any claims of libel, unfair competition, infringement of any patent, copyright, trademark, service mark, or other intellectual property right, violation of privacy,
    or other tort.

Terms of Service

$75and up
Colocation
  • From 1U to Full Cages
  • Dallas, Phoenix or LA
$59and up
Dedicated
  • Custom Quotes Available
  • Dallas or LA
$20and up
Cloud
  • Dallas Based
  • Linux and Windows
$12and up
Shared
  • cPanel Hosting
  • Dallas, Canada, UK
  • cPanel Hosting
$10and up
Managed
  • CDP Backups
  • Server Monitoring and Alerting
  • Managed Anti-Virus
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