Terms and Conditions
Welcome to fonespark.com (“site”). FoneSPARK and/or its affiliates provide website features to you subject to the following conditions. Please review our Privacy Policy, which also governs your visit to fonespark.com, to understand our practices. Accessing, browsing, or otherwise using any current or future FoneSPARK service or business indicates your agreement to all the terms and conditions in this agreement. Please read it carefully.
LICENSE AND SITE ACCESS
You represent and warrant that you are at least 18 years old or visiting the site under the supervision of a parent or guardian.
FoneSPARK grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of FoneSPARK. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of FoneSPARK. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FoneSPARK without express written consent. You may not use any meta tags or any other "hidden text" utilizing FoneSPARK’s name or trademarks without the express written consent of FoneSPARK. Any unauthorized use terminates the permission or license granted by FoneSPARK. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of fonespark.com so long as the link does not portray FoneSPARK, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any FoneSPARK logo or other proprietary graphic or trademark as part of the link without express written permission.
THIRD-PARTY SALES AND DISPUTE RESOLUTION
FoneSPARK hosting services may be used by third-parties to facilitate online sales of tangible or digital products or services. All sales are the responsibility of the seller and are processed using the seller's own PayPal account. All dispute resolution is handled with the seller via PayPal at the dispute resolution center: https://www.paypal.com/cgi-bin/webscr?cmd=xpt/cps/general/PPDisputeResolution-outside.
SELLER DOWNLOAD FAIR USE POLICY
Sellers who use FoneSPARK to sell downloadable digital products are subject to the fair usage policy. Each account includes five gigabyes of monthly download bandwidth. As an example, a 5 megabyte PDF file could be downloaded approximately 1,000 times per month before reaching the bandwidth limit. When a seller's account exceeds the initial five gigabytes of bandwidth usage within a billing period, FoneSPARK reserves the right to charge the account $10 per five gigabyte threshold that the account surpasses within a billing period. So, hypothetically, if a seller used 16 gigabytes of bandwidth in a month, they would pay the base monthly charge, plus $30 total in overage fees for that month ($10 for going over 5GB plus $10 for going over 10GB plus $10 for going over 15GB = $30 in overage fees).
ELECTRONIC COMMUNICATIONS
When you visit fonespark.com or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
COPYRIGHT AND INTELLECTUAL PROPERTY
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of FoneSPARK or its content suppliers and protected by United States and international copyright laws.
YOUR ACCOUNT
FoneSPARK may assign you a password and account identification to enable you to access and use certain portions of this site. If you use this site, you are responsible for restricting access to your account, password, and computer, and you agree to accept responsibility for all activities that occur under your account or password. FoneSPARK reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders at its sole discretion.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. FoneSPARK reserves the right (but not the obligation) to remove or edit such content.
FoneSPARK has the right but shall not be obligated to monitor and edit or remove any submission, activity or content. FoneSPARK takes no responsibility and assumes no liability for any content posted by you or any third party. FoneSPARK bears no responsibility for misuse of this site that may be in violation of SPAM or other electronic messaging laws.
PRODUCT DESCRIPTIONS
FoneSPARK attempts to be as accurate as possible. However, FoneSPARK does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by FoneSPARK itself is not as described, you may return it for a refund or exchange.
PRICING, AUTOMATIC RENEWAL AND SERVICE CLOSURE
From time to time, FoneSPARK may, at its discretion, change the prices of items on its site. No refunds or price adjustments will be given for previous purchases.
Monthly services automatically renew each month and your credit card is charged to pay for the following month. There are no prorated refunds for partial periods of service usage. You may stop a service at any time. Services not closed within 10 business days of the renewal date may be charged one additional month to cover third party costs outside of FoneSPARK's control. You can see the renewal date in the "Recurring fees" section of "My account."
Dedicated keywords include a service closure charge equal to the price of one month of service.
FREE TRIALS
Free trials may be offered. They are intended to be used once per person (or organization) as a way of evaluating the service for purchase. Attempts to circumvent the controls in place to limit trials to one per person (or organization) constitutes an attempted theft and will be prosecuted to the extent possible under the terms herein and applicable laws. Credit card data may or may not be required, depending on the promotion. If it is required, it will not be charged until the trial period is complete and no notice has been given to cancel the trial. Customers can cancel a free trial during the trial period by logging in and cancelling the order in the 'Recurring fees' section of 'My account.' Again, if the promotion does not require payment information (e.g. credit card) then your account will simply expire at the end of the trial period and you don't need to do anything to cancel it.
Unlike regular service, free trials do not require you to give 10 business days of notice to cancel. In some cases, if very short notice is given, the automatic charge may occur before the cancellation is processed. As long as the notice was given during the trial period, those charges will be refunded in full to the credit card that was charged. Included message limits for each plan applies to free trials. The customer is responsible for keeping track of the number of messages used. This can be seen on the Dashboard report in real time. FoneSPARK can charge the posted per message rate for any additional messages used.
CREDIT CARD DATA
See our Privacy Policy for more information. In short, we do NOT store your credit card information on our servers.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY FoneSPARK ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. FoneSPARK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FoneSPARK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY CONTAIN INACCURACIES, MISTAKES, OR TYPOGRAPHICAL ERRORS. FoneSPARK DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; ITS SERVERS; OR E-MAIL SENT FROM FoneSPARK ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED. FoneSPARK WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting fonespark.com, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and FoneSPARK or any of its affiliates or subsidiaries.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to our site, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR CONTACT INFORMATION
FoneSPARK
phone: (801) 542-9088
e-mail: sales@fonespark.com
www.fonespark.com