SiteSparq Terms of Service
Effective Date: November 11, 2024These Terms of Service ("Terms") are between you ("you" or "your") and Invoke Corporation, a California corporation ("we," "us," or "our"), regarding your access to and use of SiteSparq, our website hosting services provided through https://sitesparq.com (the "Services"). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you may not access or use the Services.
Section 9 of these Terms requires all disputes to be resolved through binding arbitration on an individual basis, meaning you waive your rights to a jury trial and to participate in a class action.
1. User Responsibility
In your use of the Services, you are responsible for:
- Maintaining the security of your account credentials.
- All activities that occur under your account.
- All content and activities on your website hosted by the Services.
- Using the Services only for lawful purposes and in a manner that complies with these Terms and all applicable laws and regulations.
2. Acceptable Use
You agree to use the Services only for lawful purposes and in a manner that complies with these Terms and all applicable laws and regulations. You are solely responsible for the content of your website and any activities that occur on your website hosted by the Services.
Prohibited activities include, but are not limited to:
- Violating any local, state, national, or international laws or regulations.
- Publishing content that is offensive, defamatory, abusive, indecent, pornographic, obscene, or illegal.
- Publishing content that promotes hate speech, violence, discrimination, or harassment.
- Infringing upon the intellectual property rights or privacy rights of others.
- Transmitting spam, viruses, malware, or other harmful or disruptive code.
- Engaging in activities that disrupt or interfere with the Services or other users' use of the Services.
We may, at our sole discretion, remove any content that violates these Terms or is otherwise objectionable, and may also suspend or terminate your account for engaging in prohibited activities.
3. Service Availability and Performance
We strive to provide reliable and high-quality service. However, you acknowledge that:
- The availability and performance of the Services depend on third-party providers, particularly Amazon Web Services (AWS).
- We do not guarantee uninterrupted access to the Services.
- We are not liable for any downtime or disruptions caused by AWS, other third-party providers, or circumstances beyond our control.
Occasionally, we may need to perform scheduled maintenance or emergency repairs that could temporarily interrupt access to the Services. We will make reasonable efforts to inform you in advance of any planned maintenance that may affect your use of the Services.
By using the Services, you acknowledge and accept the inherent risks associated with internet-based services and that we are not liable for any losses or damages resulting from service interruptions or performance issues.
4. Fees, Pricing, and Payment
You agree to pay all fees for the Services as specified at the time of purchase. Your subscription includes an auto-renewal feature. Unless you cancel before the end of your current subscription period:
- Your subscription will automatically renew.
- We will auto-charge the then-current fees to your payment method.
- No prior approval is required for each recurring charge.
We reserve the right to modify our pricing. If we make changes:
- We will provide you with reasonable advance notice.
- Changes will take effect at your next renewal period.
- Your continued use of the Services after the price change constitutes acceptance.
All payments are processed through Stripe, our third-party payment processor. By making a payment, you agree to Stripe's terms of service, available at https://stripe.com/legal/consumer.
Failure to pay subscription fees may result in suspension or termination of your access to the Services.
5. Disclaimer of Warranties
The Services are provided "as is" and "as available" without any warranty of any kind, whether express or implied. We do not warrant that the Services will be uninterrupted, error-free, or secure. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
6. Limitation of Liability
To the fullest extent permitted by law, in no event shall we be liable to you or any third party for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, use, goodwill, or other intangible losses arising out of or in connection with your use of the Services, even if advised of the possibility of such damages. Our total liability for any claim related to the Services shall not exceed the amount you paid us in the three (3) months prior to the event giving rise to the claim.
7. Indemnification
You agree to indemnify, defend, and hold us harmless from any and all claims, damages, losses, liabilities, costs, and expenses (including attorney's fees) arising out of or related to your use of the Services or your violation of these Terms, including, but not limited to, your violation of applicable laws, infringement of any third-party intellectual property or privacy right.
8. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions.
9. Binding Arbitration
Any claim or controversy arising out of or relating to the Services and/or these Terms (including its formation, interpretation, performance, and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The Federal Arbitration Act shall govern the interpretation and enforcement of this Agreement. The arbitration will be in California. Each party will bear its own costs related to any arbitration, and the arbitration process will remain confidential.
10. Entire Agreement
These Terms constitute the entire agreement between you and us with respect to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether oral or written.
11. Changes to These Terms
We may update these Terms from time to time. We will post any changes within the Services. Your continued use of the Services following the posting of any revised Terms means that you accept and agree to the changes.
12. DMCA - Notice of Claimed Copyright Infringement
If you have a good faith belief that content hosted through the Services infringes your copyright, you can download and submit a Notice of Claimed Infringement to our Designated Agent by email at feedback@sitesparq.com.
13. California Consumer Complaints
If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
14. Contact Us
If you have any questions about these Terms, please contact us at feedback@sitesparq.com.