This Master Service Agreement shall constitute a binding contractual agreement between Sparkstation Pte Ltd whose registered office is at 10 Science Park Road #02-09 The Alpha Singapore Science Park 2 Singapore 117684, hereinafter ("The Company") and the subscriber of services ("Customer"). The Master Service Agreement shall include the Terms of Service (TOS), the Acceptable Use Policy (AUP), the Service Level Agreement (SLA) and the Privacy Agreement (PA). Customer agrees to be bound to all agreements found herein. The TOS, AUP, SLA, and PA are subject to change with thirty (30) days notice to the parties described herein.

Sparkstation Pte Ltd Acceptable User Policy

Acceptable Use Policy (AUP)

General Statement:Sparkstation is dedicated to the unrestricted free transmission of information via the Internet and its many resources. Our goal is to deliver enterprise quality on-demand IT services to all of our customers while serving as the medium of exchange for transmission of all information. The storage, distribution, and exchange of information (content) is the Internet's single most valuable feature. Sparkstation is dedicated to protecting the source and distribution of information and protecting the rights and privileges of those utilizing it. Sparkstation does not purport to be the content police; our duty in the process of information dissemination is simply to act as conduit between interested parties. Not withstanding anything found herein, Sparkstation follows all local, state and federal laws pursuant to the services delivered over the internet and directly related to our network and internal systems. The purpose of the acceptable use policy is to inform all Customers of anticipated customer use. Due to the myriad of possibilities in maintaining a network comprised of thousands of servers, this document is intended to act as a guideline to service and not to be all encompassing.

Public Network:The primary purpose of the Sparkstation public network is to transmit information (packets) to and from Customer servers and data storage services. Proper use of the public network is to utilize the network in any way so long as you do not violate any local, state, or federal laws or generate harm to the network or interfere with the use of services of other users utilizing the same network. All Customers are granted equal access to the public network. Violation, misuse, or interference of the public network will result in a violation of the AUP and shall result in methods of resolution under the acceptable use policy.

Network Fair Use Policy - Shared Bandwidth:Sparkstation provides shared bandwidth on Shared hosting/Dedicated Server/VPS plans which offer generous fair use data transfer. Data transfer covers bandwidth both Singapore and International data per month.Customers may use this data for any purpose other than those unacceptable as stated in the Acceptable Use Policy Should Sparkstation deem a customer’s account as exceeding fair use of shared bandwidth consumption which causes interference with other users, Sparkstation will notify the customer and allow the customer to remedy the problem.  However, should a customers’ bandwidth usage be significantly greater than fair use, Sparkstation reserves the right to suspend or throttle the customers account without notice where appropriate and delivered guaranteed bandwidth that customer subscribed. Sparkstation will discuss available options that could provide better service for the customer.

Private Network:The primary purpose of the Sparkstation private network is to allow secure private network connectivity to the private backend network directly connecting Customer servers and Company delivered services. Proper use of the private network is the upload/download of content, server administration, transmission of information between servers, transmission of information between servers and Company servers, secure private administration of services, data retrieval, console access, and true out of band management of their entire IT environment. The private network can also be utilized for service access during periods of non-payment, copyright infringement, spam abuse, service interruption or other instances requiring server administration. All Customers are granted equal access to the private secure network to securely manage their services. Connectivity to the private network is granted on an unrestricted basis in eight (8) hour increments. Dedicated connections to the private network are available through the sales team. Violation, misuse, or interference of the private network will result in a violation of the AUP and shall result in methods of resolution under the acceptable use policy.

Security Services:The primary purpose of the Sparkstation standard security services is to assist the Customer in the protection, management, update, and overall stability of the outsourced IT environment. All Sparkstation services include network intrusion detection systems and denial of service mitigation via CISCO-based technology from QALA Singapore Pte Ltd. These services are free of charge and are intended to mitigate or remove security risks associated with their perspective technologies. Sparkstation also monitors all aggregate network traffic via Arbor networks and router netflow statistics for traffic analysis. Sparkstation also supplies Microsoft update servers and Redhat update servers located on the private network for private secure update services. These services are included free of charge and are intended to assist Customers in the OS management of their servers. Other security services offered for a fee are covered via the terms of the individual services. These services include, but are not limited to: firewalls, host IDS, service monitors and similar type products and services. Outside of the global network security services described above, Customers are required and obligated to maintain security related to Customer managed servers. The management of dedicated servers requires basic security management including password management, port management, OS updates, application updates, security policy settings and more. The Customer is ultimately responsible for individual server security unless contracted security services are purchased. Any violation of the security services included in basic services will be addressed pursuant to the methods of resolution under the acceptable use policy.

Server Content:Sparkstation does not actively monitor dedicated server content for review. Sparkstation believes in the free dissemination of information via our services. Dedicated server content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the acceptable use policy is deemed in compliance and shall remain intact. Legal adult content is allowed on Sparkstation dedicated servers. Content deemed in violation will be addressed pursuant to the methods of resolution under the acceptable use policy.

 

DNS Services:Sparkstation supplies redundant domain names services for all customers purchasing dedicated services. These services include the use of authoritative name servers for public resolution of domain names and private domain name resolvers located on the private service network. The DNS services are fully managed and maintained by Sparkstation with Customer specific domain name management through the online customer portal. In rare instances, where extreme intensive loads (dns lookups) utilize disproportionate resources of the redundant DNS systems, Sparkstation will notify Customer of potential violation of the acceptable use policy. Customers requiring such DNS services will be instructed to perform dedicated DNS services on customer managed equipment. Violation of DNS services will result in methods of resolution under the acceptable use policy.

IP Addresses:All Internet Protocol (IP) Addresses are leased and managed by Sparkstation. IP Addresses are non-transferable from Sparkstation and Customer retains no ownership or transfer rights to IP Addresses. All IP Addresses are assigned by the Sparkstation engineering team on a per VLAN, per server basis. Attempted use of IP addresses not originally allocated for use or IP addresses use on non-assigned VLANs or servers is a violation of the acceptable use policy. Violation of the IP Address policy will result in methods of resolution under the acceptable use policy. Private IP assignments are available to qualified Customers.

IRC:Sparkstation allows the use of private internet relay chat servers for communication among private parties. Sparkstation absolutely prohibits the use of IRC servers connected to public IRC networks or servers. IRC servers that result in interference of service, malicious network activity or increased demand on network security services are in direct violation of the acceptable use policy. Violation of the IRC policy will result in methods of resolution under the acceptable use policy.

Peer to Peer:Sparkstation allows the use of internet peer to peer software for file sharing purposes. Sparkstation highly recommends strict oversight and management of peer to peer software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and the acceptable use policy. Violation of the Peer to Peer policy will result in methods of resolution under the policy.

Bit Torrent:Sparkstation allows the use of bit torrent protocols on the public network. Sparkstation highly recommends strict oversight and management of Bit Torrent software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and the acceptable use policy. Violation of the Bit Torrent policy will result in methods of resolution under the policy.

The following list represents per se direct violations of Acceptable Use Policy and will be subject to immediate redress under the methods of resolution as described in the acceptable use policy.

Copyright Infringement:Direct copyright infringement can be found at Intellectual Property Office Of Singapore. http://www.ipos.gov.sg.

To be considered effective, a notification of a claimed copyright infringement must be provided via email or regular mail to Sparkstation and must include the following information:

1: An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.

2: Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.

3: Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Sparkstation to locate the material.

4: Information reasonably sufficient to permit Sparkstation to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.

5: A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

6: A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

Failure to submit copyright infringement notification as described herein will result in no legal notice or action on behalf of Sparkstation.

Misrepresentations: - any person who knowingly materially misrepresents under this section

 

1: that material or activity is infringing, or

2: that material or activity was removed or disabled by mistake or misidentification, shall be liable for any damages, including costs and attorney's fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by Sparkstation, who is injured by such misrepresentation, as the result of Sparkstation relaying upon such misrepresentations in removing or ceasing to disable access to it.

Unsolicited Email:The sending or receiving of mass unsolicited email (SPAM) is a direct violation of the acceptable use policy. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.

Email Bombing:The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of the acceptable use policy.

Proxy Email (SPAM): The use of dedicated services to proxy email unsolicited users is a direct violation of the acceptable use policy. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.

UseNet SPAM: The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of the acceptable use policy. This includes UseNet services located within the Sparkstation network or unrelated third party networks.

Illegal Use:Any use of dedicated services in direct attempt of statutory illegal activities is a direct violation of the acceptable use policy. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, defamation, slander, and other common illegal activities.

Child Pornography:Sparkstation has a zero stance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and the acceptable use policy.

Threats & Harassment:The Sparkstation network can be utilized for any type of individual, organizational or business use. This does not include threats or harassment to individuals, organizations or businesses unless it falls within the bounds of protected free speech under the first amendment. Sparkstation seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.

Fraudulent Activities:Sparkstation prohibits utilizing dedicated services or network services for fraudulent activities. Notification of fraudulent activities by verified third parties can result in violation of the acceptable use policy.

Denial of Service:Sparkstation absolutely prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of the acceptable use policy.

Terrorist Websites:Sparkstation prohibits the use of dedicated services for the hosting of terrorist related websites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.

Distribution of Malware:Sparkstation prohibits the storage, distribution, fabrication, or use of malware including virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at Sparkstation analyzes the latest root kit for new security analysis software.

Phishing:Sparkstation strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.

HYIP or Ponzi Schemes:High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.

Disclosure to Law Enforcement:Occasionally, Sparkstation is required by law to submit customer information to law enforcement officials when presented with a valid subpoena from a court with proper jurisdiction. Information requested is disclosed as directed pursuant to the

 

subpoena. Sparkstation utilizes great care in keeping customer information safe and private and will only release information described in the subpoena. Sparkstation will notify customer of the information request as allowed by the subpoena.

Reporting Violation of the Acceptable Use Policy:Sparkstation accepts reports of alleged violations of the acceptable use policy via email sent to abuse@sparkstation.net. Reports of alleged violations must be verified and include name, contact information, IP address, and description of the violation. Sparkstation owes no duty to third parties reporting alleged violations due to lack of privity in contract law. Sparkstation will review all verified third party reports and will take appropriate actions as described within the acceptable use policies.

Methods of Resolution for Violations under the Acceptable Use Policy:The ultimate goal of Sparkstation is to balance the rights and interest of our customers in the highly evolving internet world. Sparkstation understands the challenges of hosting companies, resellers, businesses, organizations and other customers who may have third party violations occur due to the nature of their business. The goal to our methods of resolution is to mitigate any service interruptions while resolving any potential violations under the policy. Our sales, support and abuse staff are dedicated to working with you in resolving potential violations and are available via phone or email. The methods of resolution below form the framework for a resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, Sparkstation is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.

Step 1:First alleged violation of AUP: a ticket will be generated under the master user account with information regarding the potential violation of the acceptable use policy. This is often a fact finding email requiring further information or notifying Customer of the potential violation and the required actions to resolve the issue.

Step 2:Acknowledgement of violation of AUP: a ticket is generated under the master user account with information specific to the violation. This ticket will also include any additional facts about the situation and will notify customer of the action required to resolve the violation.

Step 3:Violation of AUP disregarded, not properly addressed, or continuing violation if a ticket has been disregarded, not properly addressed, or resolved by the customer for a specified period of time, Sparkstation engineers will turn the public network port to the specified dedicated services off. Access to the dedicated services is achieved through the secure private service network for Customer resolution. As soon as the violation is addressed, the public access is restored and service continues as normal.

Step 4:Failure to address violation and remove violation: if customer fails to address the violation AND resolve the violation, a suspension of services will occur. This is a last resort for Sparkstation and requires a complete failure in the resolution process on behalf of the Customer. A permanent suspension of services includes reclamation of all dedicated services and data destroyed at the end of the current billing cycle.

Disclaimer- Sparkstation retains the right, at its sole discretion, to refuse new service to any individual, group, or business. Sparkstation also retains the right to discontinue service with notice for repeated violation of the acceptable use policy over time.

Sparkstation Service Level Agreement and Term Of Service

Service Level Agreement (SLA)

The Service Level Agreement (SLA) is applicable to all services delivered directly to Customers of Sparkstation Pte Ltd. The SLA is not applicable to unrelated third parties or third parties lacking privity of contract with Sparkstation. The uptime guarantees and the resulting SLA credits are applied in monthly terms unless specified otherwise. All SLA guarantees and information listed below are made in good faith and are subject to standard contract remedies.

SLA Credit Claim:To properly claim an SLA credit due, a master administrative user must open an SLA ticket located inside the customer portal at http://www.sparkstation.net within three (3) days of the purported outage. Customer must include service type, IP Address, contact information, and full description of the service interruption including logs if applicable. The SLA claim will be researched by the appropriate department manager and any credit issued will be issued to accounting and the ticket will be updated. SLA credits are issued as service credits on future billing cycles. SLA credits shall not be bartered or traded with other Sparkstation customers. Please allow up to fourteen (14) days for the process of SLA claims.

SLA Claim Fault:Customers currently in arrears for monthly services do not qualify for SLA claims. Customers who have been in payment arrears three or more times in the previous twelve months do not qualify for SLA claims.  Valid SLA claims will not be credited to customer accounts until all abuse issues are resolved.  Customers making false or repetitive claims will incur a one time charge of S$50 per incident for such claims. False or repetitive claims are also a violation of the Terms of Service and may be subject to service suspension. Customers participating in malicious or aggressive internet activities thereby causing attacks or counter-attacks, do not qualify for SLA claims and shall be in violation of the AUP.

Public Network:Sparkstation guarantees 99.9% uptime on all public network services to Customers located in our datacenters. All public network services include redundant carrier grade internet backbone connections, advanced intrusion detection systems, denial of service mitigation, traffic analysis, and detailed bandwidth graphs. Specific guarantees with SLA information are listed in the table herein.

Private Network:Sparkstation guarantees 99.9% uptime on the service network services to Customers located in our datacenters. All private network services include access to the secure VPN connection, unlimited bandwidth between servers, unlimited uploads/downloads to servers, access to contracted services, traffic analysis, and detailed bandwidth graphs. Specific guarantees with SLA information are listed in the table herein.

Redundant Infrastructure:Sparkstation guarantees 99.9% uptime on the power and HVAC services to Customers located in our datacenters. All computer equipment and related services are served by redundant UPS power units with backup onsite diesel generators. Specific guarantees with SLA information are listed in the table at right.

Uptime Guarantee	SLA Credit
99.9%	Guaranteed
99.5-99.9%	5%
99.0-99.5%	10%
Less than 99%	20%

 

Hardware:Sparkstation guarantees the replacement of failed hardware and hardware components located within our datacenters. Sparkstation guarantees a failed hardware component will be replaced within 1 business day of customer notification in the trouble ticketing system. Replacement of failed hardware does not include time required to reload the operating system or applications. Specific guarantees with SLA information is listed at right.

Replacement Guarantee	SLA Credit
1 Business Day	Guaranteed
1 Business Day + 4.1 to 8 Hours	5%
1 Business Day + 8.1 to 16 Hours	10%
1 Business Day + 16.1 to 24 Hours	15%