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Terms Of Service

Introduction

Welcome to https://www.24x7serverguard.com. This website is owned and operated by TechSpark IT Solutions LLC. By accessing our website and utilizing the information, resources, services, products, and tools available, you agree to abide by the terms and conditions set forth in this User Agreement, along with the provisions outlined in our Privacy Policy (please refer to the Privacy Policy section for more details).

This agreement has been in effect since January 1, 2018.

We reserve the right to update or modify this User Agreement at any time, without prior notice. You are responsible for periodically reviewing this User Agreement to stay informed of any updates or changes. Your continued use of the website after any modifications will be considered your acknowledgment and acceptance of the revised terms.

Responsible Use and Conduct

By accessing and utilizing the information, resources, services, products, and tools offered on our website (collectively referred to as "Resources"), you agree to use these Resources exclusively for their designated purposes. Your use of these Resources must adhere to:

(a) the terms specified in this User Agreement, and

(b) all applicable laws, regulations, and widely accepted online practices or guidelines.

Wherein, you acknowledge and agree to the following:

Accessing our resources may require you to provide certain personal information, such as identification details, contact information, or other relevant data, during the registration process or while using our services. You agree to furnish accurate, up-to-date, and complete information at all times.

Safeguarding your login credentials is your sole responsibility, and any activities or actions performed through your account will be deemed as your own. Misuse or unauthorized access resulting from a failure to protect your credentials will also remain your liability.

Accessing or attempting to access our Resources using methods other than those explicitly provided by us is strictly prohibited. This includes refraining from employing automated, unethical, or non-standard methods to gain access.

Engaging in any activity that disrupts, interferes with, or negatively impacts the operation of our Resources, including the servers or networks to which they are connected, is strictly prohibited.

Attempting to copy, duplicate, reproduce, sell, trade, or resell any of our Resources is expressly forbidden.

Liability for Unauthorized Activities

You bear sole responsibility for any consequences, losses, or damages that we may incur—whether directly or indirectly—due to unauthorized activities conducted by you as outlined above. Such activities may result in civil or criminal liability.

Open Communication Tools

Our website may provide access to various open communication tools, such as blog comments, blog posts, public chat rooms, forums, message boards, newsgroups, product reviews, and social media services. While we aim to foster a collaborative and inclusive environment, we generally do not pre-screen or actively monitor user-submitted content.

By choosing to use these tools, you accept full responsibility for ensuring that your contributions adhere to ethical, responsible, and lawful standards. Your participation should respect the rights and well-being of others while complying with applicable laws and regulations.

User-Submitted Content Guidelines

By using open communication tools to submit or post content, you agree not to upload, share, or distribute any material that:

Is unlawful, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, invasive, racist, or includes inappropriate, suggestive, or explicit language.

Violates any intellectual property rights, including but not limited to trademarks, patents, copyrights, or trade secrets.

Contains unauthorized or unsolicited advertising.

Impersonates any person or entity, including representatives or employees of TechSpark IT Solutions LLC.

Content Removal Rights

We reserve the right, at our sole discretion, to remove any content that we determine does not adhere to this User Agreement. This includes content deemed offensive, harmful, objectionable, inaccurate, or in violation of third-party intellectual property rights. While we strive to address such issues promptly, we are not liable for any delays or failures in removing such material. By posting content, you consent to its removal if necessary and waive any claims against us regarding this action.

Ownership of User-Posted Content

While we assume no liability for content posted by you or other third-party users, any content you submit through open communication tools—provided it does not violate third-party intellectual property rights—becomes the property of TechSpark IT Solutions LLC. By posting such content, you grant us a perpetual, irrevocable, worldwide, royalty-free, and exclusive license to reproduce, adapt, translate, publish, publicly display, and distribute it at our discretion.

Indemnification

You agree to indemnify and hold harmless TechSpark IT Solutions LLC, its parent company, affiliates, and their respective directors, officers, managers, employees, donors, agents, and licensors from any and all losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising from:

Any violation of this User Agreement, or

Failure to fulfil any obligations related to your account, whether by you or any other individual using your account.

We reserve the right to assume the exclusive defence of any claim for which indemnification is owed under this agreement. In such cases, you agree to fully cooperate with us in providing any information or assistance reasonably requested to support our defines.

Service Level Agreement (“SLA”) and Service Offerings
Service Offerings

We reserve the right to modify or discontinue any of our Service Offerings, as well as to change or remove specific features, at any time and without prior notice.

Service Level Agreement (SLA)

Our current SLA is outlined below:

Unmanaged Services
  • All services provided are unmanaged.
  • Our 24-hour on-site staff will only address tickets related to server hardware and service disruption issues.
  • Clients are responsible for managing their own data backups and all software-related aspects of the server, including configuration beyond the base operating system installation.

Service Availability
While we strive to provide consistent service availability, we anticipate that services will be available most of the time.

Definition of a Service Disruption
A service disruption is defined as an event where your server is completely offline for more than 15 minutes due to an unplanned issue within our networking or power infrastructure.

The following scenarios are not covered under this SLA:

  • Disruptions caused by the server’s hardware or software.
  • Downtime due to planned or unplanned maintenance.
  • Interruptions resulting from actions taken by our abuse/security department.
  • Compensation for Unplanned Service Disruptions

If an unplanned service disruption occurs, you may open a support ticket to request an account credit.

The prorated credit will be calculated based on the time of the disruption relative to your monthly service fee.

Example: If your monthly fee is $60 and your server is unavailable for 24 hours during a 30-day month, you may request a credit of $2. This account credit is your sole remedy for unplanned service outages.

Changes to the SLA

We may revise, add, or discontinue any part of this SLA at our discretion, in accordance with the terms of this Agreement.

Your Responsibilities

Content Management

You bear full responsibility for the development, maintenance, use, and backup of your content. This includes, but is not limited to:

  • Ensuring Compliance: Adhering to the Acceptable Use Policy (AUP), applicable laws, and regulations, such as the Digital Millennium Copyright Act (DMCA).
  • Addressing Claims: Responding to any notices or claims that your content infringes upon the rights of others, including intellectual property rights
  • Content Monitoring: Regularly reviewing your content to ensure it aligns with legal and ethical standards.

The Acceptable Use Policy (AUP).

Applicable laws, including the Digital Millennium Copyright Act (DMCA).

Any claims or notices indicating that your content infringes on another party’s rights.

Security and Backup

You are entirely responsible for configuring and using the Service Offerings to ensure the security and protection of your content.

Regular backups

We strongly recommend daily archiving of your content to a remote location to mitigate risks of data loss from equipment failure, network errors, human mistakes, or power outages.

Encryption

You may use encryption technology to enhance the security of your content.

Failure to maintain routine backups could result in total data loss, for which we are not liable.

Compliance and Violations

Actions taken by you, or knowingly or unknowingly permitted by you, are deemed to be your responsibility under this Agreement.

You must ensure that all end users comply with this Agreement. If you become aware of a violation, you are required to immediately terminate the end user’s access to your content and the Service Offerings.

Acceptable Use Policy

You may not use, encourage, or permit others to use the Service Offerings or Site for any illegal, harmful, or offensive purposes, including transmitting, storing, or distributing content that violates this policy.

Prohibited Activities and Content
Illegal Activities

Activities such as promoting gambling, disseminating child pornography, or any actions violating U.S. laws. Violations may result in disclosure of your information to law enforcement.

Harmful or Fraudulent Activities

Examples include phishing, pyramid schemes, or deceptive practices.

Infringing Content

Uploading content that infringes copyrights, trademarks, or intellectual property rights.

Offensive Content

Content that is defamatory, obscene, or otherwise objectionable, including exploitation or hate speech.

Harmful Content

Distribution of malware, viruses, or software that compromises system security or data integrity.

Security Violations

Unauthorized access to systems, monitoring of data without permission, or any attempts to breach security measures are strictly prohibited. This includes, but is not limited to:

Network Abuse

Engaging in denial-of-service attacks, mail bombing, or unauthorized crawling/monitoring of systems.

E-Mail Abuse/h6>

Sending spam, unsolicited bulk emails, or altering mail headers without authorization.

Monitoring and Enforcement

We reserve the right to:

  • Investigate any misuse of the Services or Site.
  • Take actions including terminating services without notice, restricting payment methods, or examining account contents if violations occur.
  • Report suspected violations to law enforcement or regulators and cooperate with investigations.
Reporting Violations

If you identify any violation of the Acceptable Use Policy, notify us immediately using our ticketing system and provide assistance to remedy the violation as requested.

Fees, Orders, Billing and Payment

Service Fees

All services are prepaid at the time of the order, with monthly billing thereafter. We may invoice you more frequently if we suspect fraudulent activity or non-payment risk.

Payments must be made using one of our supported payment methods, and all amounts are due without setoff or counterclaim.

We may update fees for any new services or existing offerings at any time. A late fee and reconnect fee may apply to late payments or terminated accounts.

Bandwidth: Your monthly bandwidth is based on the total upstream and downstream traffic. Overage charges are $0.05 per GB.

OS Reload: One free manual OS reload is allowed per billing period; additional reloads will incur a $40 fee.

Taxes

All fees include applicable taxes such as VAT and sales tax, so no additional tax payment is required from you.

Set-Up Fees

No setup fees apply for Dedicated Server offerings.

Ordering Process

Orders must include accurate details, including your real name, address, phone number, and email. Providing false or misleading information may result in the immediate termination of your account without a refund.

Only one account per client is allowed. Multiple accounts will lead to termination without refund.

Orders are processed in the order received, and payment is required at the time of order. Failure to complete payment results in the order being discarded.

After activation, monthly invoices are issued every 29-31 days, and the renewal date may vary based on when the service was activated.

Servers are deployed only on business days (Monday through Friday).

Billing Process

Refunds or pro-rated refunds are not offered.

Invoices are generated 10 days before the due date. Email reminders may be sent before the due date.

If your payment is declined, your service will be suspended at midnight on the due date, and a $10 late fee will apply.

Chargebacks: If any chargebacks occur on your account, we reserve the right to immediately terminate all services and recycle your servers without prior notice.

Service Termination: Failure to pay within 48 hours of suspension results in service termination and a $15 termination fee.

Data Loss: Service termination results in immediate data loss that is non-recoverable.

Privacy

Your privacy is a top priority for us. To ensure transparency, we have developed a dedicated Privacy Policy that outlines how we collect, manage, process, secure, and store your personal information. Our Privacy Policy is a key component of this User Agreement. To access the full Privacy Policy, please click here.

Limitation of Warranties

By using our website, you acknowledge and agree that all Resources provided are offered "as is" and "as available." This means we do not make any assurances that:

  • Our Resources will fulfill your specific needs or preferences.
  • The use of our Resources will be uninterrupted, timely, secure, or free from faults.
  • Any information gained from our Resources will be reliable or accurate.
  • Any flaws or issues with the functionality of our Resources will be corrected or resolved

Furthermore, you understand and agree that

Any content downloaded or otherwise obtained through the use of our Resources is done at your own risk and discretion, and you are solely responsible for any resulting damage or loss. You are solely responsible for any damage to your computer or other devices, as well as any data loss that may occur from downloading such content.

No information or advice, whether expressed, implied, oral, or written, obtained from TechSpark IT Solutions LLC. or through any of our Resources, shall create any warranty, guarantee, or condition, except for those explicitly outlined in this User Agreement.

Management Services

24x7ServerGuard retains full authority over all management services, including but not limited to OS support, plan pricing, and control panel support. We reserve the right to deny services if our Terms of Service (TOS) or Acceptable Use Policy (AUP) is violated.

Support for nulled applications, such as unauthorized control panels or third-party services integrated into the OS/control panel, is not provided. Use of such applications may result in immediate service termination.

Server management plans are exclusively tied to the server specified during sign-up. Mid-term server changes are not supported. If you need to switch servers under your management plan, it is recommended to either wait until the current billing cycle ends or purchase a new service plan.

Trial Support

24x7ServerGuard provides trial support for resolving one basic issue. The determination of what qualifies as a "basic issue" is solely at our discretion and defines the scope of the trial period

Limitation of Liability

You expressly acknowledge and agree that, in alignment with the aforementioned Limitation of Warranties, any claim made against us will be restricted to the amount you have paid, if any, for the use of our products or services. TechSpark IT Solutions LLC. shall not be held liable for any direct, indirect, incidental, consequential, or exemplary damages arising from your use of our Resources. This includes, but is not limited to, losses or damages resulting from changes, data loss or corruption, cancellations, loss of access, or downtime, to the maximum extent permitted by applicable laws governing liability limitations.

Copyrights/Trademarks

All content and materials available on http://www.24x7serverguard.com including but not limited to text, graphics, code, images, website name, and logos, are the exclusive intellectual property of TechSpark IT Solutions LLC. These assets are safeguarded under applicable copyright and trademark laws. Any unauthorized actions, such as reproducing, distributing, displaying, or transmitting content from this site, are strictly forbidden unless expressly authorized by TechSpark IT Solutions LLC.

Termination of Use

We reserve the right, at our sole discretion, to suspend or terminate your access to all or part of our website and Resources, with or without notice, for any reason, including but not limited to a breach of this User Agreement. Any suspected illegal, fraudulent, or abusive activity may result in termination and may be reported to the appropriate law enforcement authorities.

Upon suspension or termination, your right to use our Resources will immediately cease. Additionally, we reserve the right to remove or delete any information associated with your account, including login credentials and stored data. Please note: Once services are terminated, all your data will be permanently erased and cannot be recovered.

Governing Law & Jurisdiction

This website is operated by TechSpark IT Solutions LLC from our offices in Bur Dubai, Dubai, and is accessible from most countries worldwide. By accessing and using our website, you agree that the statutes and laws of Dubai will govern all matters related to your use of this website and the purchase of any products or services, without regard to conflicts of laws or the United Nations Convention on Contracts for the International Sale of Goods.

Any legal action or proceeding to enforce this User Agreement must be brought exclusively in the courts located in Dubai. By agreeing to this User Agreement, you consent to the personal jurisdiction of these courts and waive any objections related to jurisdiction, venue, or inconvenient forum.

Guarantee

Unless explicitly stated otherwise, TechSpark IT Solutions LLC disclaims all guarantees and assurances of any kind, whether expressed or implied. This includes, but is not limited to, implied guarantees of merchantability, suitability for a specific purpose, and non-infringement of rights.

Contact Information

If you have any questions, concerns, or feedback regarding the Terms of Service outlined above, please feel free to reach out to us at:

Operational Office:

101-15, CBD (Commercial Bank of Dubai) Building, 1st floor opposite Sharaf DG metro station exit 1, Al Mankhool, Burdubai.