BoosterSpark Hosting Agreement
effective July 1, 2020
"BoosterSpark" and "BoosterSpark platform" refer to our Software-as-a-Service (SaaS) platform which helps booster clubs maximize the impact made on their community.
"We" and "us" and "our" refer to Cedarock Communications which owns and operates BoosterSpark.
"You" refers to the individual accessing or using BoosterSpark. You can be a User or a Club.
"User" refers to any person who creates a user account. This account will allow you to sign in to BoosterSpark and any BoosterSpark-powered website.
"Club" refers to booster club organizations who can or do utilize BoosterSpark.
"Subscription" and "subscribe" refer to the recurring monthly service provided by BoosterSpark to Clubs.
"Account" refers to the User's or Club's BoosterSpark account.
"Plan" varies by use. It can refer to a BoosterSpark Subscription plan, a Club's Membership plan, or a Club's Sponsorship plan.
"Content" refers to writings, video, audio, photographs, graphics, or other material generated by Clubs and Sponsors on BoosterSpark-powered websites.
When a Club's website is hosted by BoosterSpark, the website will reside on one or more of our servers. Website hosting includes unlimited storage space and up to 1 GB of monthly bandwidth. Storage space is limited to website-related files; it is not a file storage system for photos, documents, videos, etc that are not used on Club's website. Websites will use the BoosterSpark content management system; custom websites are not permitted, nor are custom SQL tables. Resources are shared between many customers on the same servers. In the event the bandwidth or disk space usage of your website presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, we may take action to restrict the resources your website is utilizing.
Our Acceptable Use Policy can be found at boosterspark.com/policies/acceptable-use.php.
Each Club's Subscription will take a period of time to establish. The period of time will vary based on (A) does the Club have an existing domain name, (B) does the Club have an existing website, (C) the number of new accounts in queue, and (D) BoosterSpark staff availability. The minimum setup period is two business days.
When a Club's website is hosted by BoosterSpark, the website will be protected by SSL. There is no additional fee for this service.
BoosterSpark can provide DNS management for Clubs when needed. There is no additional fee for this service.
BoosterSpark does not provide email hosting at this time.
You shall be solely responsible for updating and maintaining your website content. You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product.
If access to a third-party hosting website is required in the provision of any service, you represent and warrant that you are authorized to provide us with access to the third-party hosting account for the purposes of this policy. You agree that you retain sole contractual and any other legal or fiduciary responsibilities related to your third-party hosting account.
You acknowledge and agree that as a normal course of business, it may be necessary for us to upgrade, patch, and migrate our servers. During these service events, your website and/or data may be unavailable. Whenever possible, these service events will be scheduled during low impact hours (such as 12am-5am on a Sunday).
We will maintain certain data that you transmit to the BoosterSpark platform for the purpose of managing the performance of your BoosterSpark-powered website, as well as data relating to your use of BoosterSpark. Although we perform regular routine backups of data, YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING A BACKUP OF ALL DATA that you transmit or that relates to any activity you have undertaken using BoosterSpark. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content. Hosting services are not intended to provide a PCI (Payment Card Industry) or HIPAA (Health Insurance Portability and Accountability Act) compliant environment and therefore should not be used or considered as one. You shall not use the service in any way, in our sole discretion, that shall impair the functioning or operation of our services or equipment. Specifically by way of example and not as a limitation, you shall not use the Hosting Services as: (1) a repository or instrument for placing or storing archived files; and/or (2) placing or storing material that can be downloaded through other websites. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.
BoosterSpark provides how-to information and complimentary support guidance via boosterspark.com/support. Standard support issues are solved at no cost to the Club or User. If we determine that any support request falls beyond the scope of our complimentary service, you can request custom support services (“Expert Services”) on a per service basis which we will quote to you before providing the custom support service. If you elect to use our Expert Services, we reserve the right to charge any or all of the fees for such services prior to the commencement of any work being performed. Expert Services fees are non-refundable. You must, within fourteen days of any Expert Services, notify us if there are any issues with the Expert Services. We are not responsible for and will not provide assistance with any issue(s) that arise beyond fourteen days of any Expert Services.
If a Club has an existing website hosted elsewhere, we may, at your request and in our sole discretion, attempt to assist you to move the web hosting to us (“Hosting Migration”). Hosting Migrations are provided as a courtesy service, and we do not make any guarantee regarding the availability, possibility, or time required to complete a Hosting Migration. Some data may be incompatible or in a proprietary format, which may make us unable to assist you in the transfer of data from a third-party host.
You are solely responsible for reviewing the functionality and accuracy of migrated content in its new location following a Hosting Migration. You agree that we are not liable for any delay in website resolution or loss of data related to your Hosting Migration. Hosting Migrations are not available for websites with more than 20 pages. For websites having more than 20 pages, we will attempt to migrate up to 20 pages at our discretion.
You acknowledge and agree that upon expiration or termination of website hosting, you must point the Club's domain name(s) away from our servers. Prior to termination of hosting services, you are responsible for moving your website content off our servers. We will not transfer or FTP your website or server content to another provider. If you fail to move your website or server content off our servers prior to cancellation, we may delete all such content and we may not be able to provide a copy of such content.
We offer a service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of website availability time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be applied to future subscription payments, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) causes beyond our control or that are not reasonably foreseeable; and (4) outages related to the reliability of certain programming environments.
If you have any questions or concerns about this policy, you may contact us in writing at:
- BoosterSpark, 394 Abbey Ln, Antioch IL 60002