Service agreement

Making the customer experience the best it can be.

Service Agreement


Your understanding of the terms and conditions governing the use of our services and Your cooperation in policing those who violate these terms and conditions, will ensure maximum service availability to our customers and users.

Terms and conditions

Mediasparx reserves the right to refuse, suspend or cancel a customer's access to all or any services provided if Mediasparx decides that the account or service has been inappropriately used or otherwise.

This service agreement ("Agreement") is between Mediasparx ("Mediasparx") and you ("You"), the person or entity ordering services through Mediasparx. This Agreement is effective as of 6th August 2007, and replaces all previous versions. Mediasparx reserves the right to change its terms and conditions when necessary, and You agree to be bound by such changes when they become effective, 30 days after posting on the website:http://www.mediasparx.com/agreement

By purchasing any of Mediasparx's services, You acknowledge that You have read, understood and agreed to be bound by all the terms and conditions contained in this Agreement, and all terms and conditions referred to and listed in this Agreement.

Mediasparx is the trading name of Mediasparx Ltd, PB 1074, N-3905 Porsgrunn, Norway - Company reg. No. 988185183 MVA. Branch of Mediasparx Ltd, Cardiff UK - Company reg. No. 5440028 England.

Violations and complaints

As a provider of hosting services, Mediasparx provides services with which our customer's host hundreds of websites. Please note that Mediasparx is neither responsible for nor able to police all the content our customers publish or transmit via our services. We encourage You to report any potential violations of the law, our terms and conditions, the rights of others and complaints on spam, phishing, fraud or hacking to moc.xrapsaidem@esuba. We will attempt to investigate, resolve and respond to all complaints.

Information disclosure

Mediasparx will not otherwise disclose its customer's information, content or transmitted data unless Mediasparx has reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Mediasparx, our customers and others, or where Mediasparx believes that the law requires such disclosure, or where we believe the disclosure may prevent physical injury or serious harm to persons or their property.

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General Terms

  1. Fees and payment
    All services are provided on a pre-pay basis from the day the service is established, all fees are due within 14 days and invoiced to Your primary e-mail address, according to the fees published on the website: http://www.mediasparx.com/pricelist at the time of purchase. Although Mediasparx reserves the right to change prices at any time, all pricing is guaranteed for the period of pre-payment. Mediasparx reserves the right to suspend unpaid and other services until the outstanding debt is cleared. Unpaid invoices for delivered services may be subject to late payment fee and interest rate according to Norwegian law, and a reasonable administrative fee for tasks outside of regular services. Mediasparx reserves the right to transfer payment claims to a third party. Except as provided for herein, all fees are non-refundable even upon suspension, cancellation or transferring prior to Your then-current term.
  2. Service terms and renewal
    Unless otherwise specified all services are provided on a one year basis, and are automatically issued a renewal invoice 30-60 days prior to the expiry date, unless confirmation of cancellation has already been received. If You have not received a renewal invoice it is Your responsibility to contact Mediasparx and request service a renewal invoice.
  3. Accuracy of information
    You agree to provide accurate, current and complete information about You as required by the application for services. You agree to respond to inquiries from Mediasparx within five business days, to determine the validity of information provided by You. It is Your responsibility to ensure that all information about You is current and valid for all Your domain names and services. Changes to information about You can be made via the control panel as detailed in each service's confirmation e-mail.
  4. Support
    If You experience problems with Your service You should consult our website and documentation provided within each service control panel. Should You fail to find a resolution, contact Support via our Help Desk in the control panel for Your domain or via e-mail to support@mediasparx.com. Requests are normally responded to within 1-2 working days, but there is no guarantee of this. Please note that we may need to suspend some of our services for short periods of time to carry out maintenance or repairs.
  5. Account security
    You agree to be entirely responsible for maintaining confidentiality of all usernames, passwords, login details and account number for Your services with Mediasparx (collectively: "account details"). You agree to immediately change passwords and notify Mediasparx in the event of any unauthorized use or any other security breach. You also agree to change passwords periodically as a security precaution, and if any person who knows the password is no longer associated with the service. Mediasparx reserves the right to generate new passwords. You agree You are entirely responsible for all and any charges, liabilities and activities that occur on Your account, whether initiated by You, or others on Your behalf, unauthorized or by any other means. You agree Mediasparx will not be liable for any loss You may incur as a result of others using Your account details either with or without Your knowledge or consent. You also agree You could be held liable for losses incurred by Mediasparx or any other party, due to others using Your account details. Mediasparx specifically disclaims liability for any activities on Your account, whether authorized by You or not.
  6. Termination and agreement term
    In order to cancel a service You must submit a termination notice at least 30 days prior to expiry of the then-current term, via our Help Desk in the control panel for Your domain or via e-mail to support@mediasparx.com, and confirm the termination via telephone when Mediasparx contacts You. This Agreement shall continue to be fully effective as long as You have a service with Mediasparx. You agree that Mediasparx may terminate this Agreement or any part of its services at any time and without notice to You, in the event of Agreement breach, unacceptable usage or otherwise. Mediasparx failure to notify You or act upon any breach of this Agreement, shall not constitute a waiver of Mediasparx's right to act upon this or any such breach at a later date.
  7. Reselling of services
    All services other than our reseller packages are to be used by the primary owner only, and do not allow the holders to resell, store or give away to other parties. Exceptions to this include ad banners, classified ads and personal ads. Customers may however resell all of our services with our reseller packages.
  8. Notices
    You agree that all notices from Mediasparx to You may be posted on our website. Notices concerning any breaches will be sent to either Your email or postal address which is on file with Mediasparx. Delivery shall be deemed to have been made five days after the date posted or sent. Notices from You to Mediasparx shall be made via our Help Desk in the control panel of Your domain, via e-mail to support@mediasparx.com, or by first class mail to: Mediasparx Ltd, PB 1074, N-3905 Porsgrunn, Norway.
  9. Headings
    The headings in this Agreement are descriptive only, and in the event of a conflict between a heading and the underlying terms and conditions, the terms and conditions shall take precedence.
  10. Reference
    Mediasparx reserves the right to disclose that You are a customer of Mediasparx through our website. Neither party may publicly use the other party's logo or other trade or service mark without written consent.
  11. Ownership
    You agree that Mediasparx and its licensors hold all rights, titles and interests in all services and its intellectual property, including other rights related to intangible property, unless otherwise indicated.
  12. Representation and warranties
    You or the individual who enters into this Agreement on Your behalf, hereby represents and guarantees that they have the right, power, legal capacity and appropriate authority to enter into this Agreement. You warrant that each action You make is being made in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights, trademarks or trade names of others.
  13. Indemnification
    You agree to defend, indemnify, save and protect Mediasparx, from all and any demands, liabilities, penalties, actions, proceedings, judgments, losses, costs, expenses, damages and claims, including reasonable attorney's fees asserted against Mediasparx and its contractors, agents, customers, current and former employees and shareholders, that may arise or result from any services provided or performed or agreed to be performed, or any product sold by You, Your agents, employees or representatives. You agree to defend, indemnify and protect Mediasparx against liabilities arising out of (1) any injury to persons or property caused by any products sold or otherwise distributed in connection with Mediasparx's servers, (2) any material supplied by You, infringing or allegedly infringing on the proprietary rights of a third party, (3) trademark, copyright, patent infringement and (4) any defective products sold to customers from Mediasparx's servers. You agree to provide Mediasparx with written assurance of Your promise to indemnify Mediasparx should Mediasparx be threatened with a lawsuit or receive notice of a filed or pending lawsuit by a third party. You agree that Mediasparx and its contractors shall have the right to participate in the defence of any such claim with counsel of its own choosing, to allow Mediasparx to control the proceedings and to cooperate fully with Mediasparx during such proceedings. This indemnification obligation shall survive the termination or expiration of this Agreement.
  14. Disclaimer
    Mediasparx expressly disclaims all warranties of any kind, expressed or implied, in connection with this Agreement or any of our services, including but not limited to, warranty of merchantability, fitness for a particular purpose and non-infringement. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Mediasparx and its employees. You agree that the use of our services is entirely at Your own risk. Our services are provided "as is" and we make no guarantee that our services will meet Your requirements, or that the services will be uninterrupted, timely, secure, or free from error, or that defects will be corrected. You acknowledge and agree that any information obtained from our services and our employees does not create any guarantee and that You may not rely on such information. Although Mediasparx back-up its and Your data/website and whilst every attempt would be made in the unlikely event of any corruptions or hardware failure, Mediasparx cannot guarantee to be able to replace lost data. You agree is is Your sole responsibility to periodically back-up Your data/website to a safe location outside of Mediasparx's servers.
  15. Limitation of liability
    Mediasparx shall not be liable to You or any other person for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit or goodwill, for any matter, whether such liability is asserted on the basis of contract, tort including negligence, breach of warranties, either expressed or implied, any breach of this Agreement and Your inability to use the services, Your loss of data or files or otherwise, even if Mediasparx has been advised of the possibility of such damages. You agree that under no circumstances shall Mediasparx's maximum aggregate liability exceed the total amount paid by You for the particular service for the then-current term.
  16. Force majeure
    Neither party shall lose any rights hereunder or be liable to the other party for damages or losses on account of failure or delay in the performance of its obligations under this Agreement by any event beyond its reasonable control, including acts of God, earthquakes, floods, fire, storms, natural disasters, war, terrorism, armed conflicts, strikes, lockouts, boycotts, embargos, governmental acts, orders or restrictions, failure of suppliers, provided that such party shall use commercially reasonable efforts to promptly mitigate any damages and losses. In the event that the force majeure period persists for more than thirty days, Mediasparx may terminate this Agreement at its own discretion.
  17. Third-party beneficiaries
    There shall be no third party beneficiaries in this Agreement, including customers, employees, agents or insurers.
  18. Entire agreement
    You agree that this Agreement, including the terms and conditions to which it refers, constitute the complete and only Agreement between Mediasparx and You regarding the services contemplated herein.
  19. Severability
    You agree that the terms of this Agreement are severable. If any part of this Agreement is deemed to be unenforceable, invalid or illegal, that part of the Agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties of the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
  20. Governing law
    Except as provided for herein this Agreement shall be governed by the laws and judicial regulations of the Kingdom of Norway. Any possible differences or disagreements related to this Agreement, are to be solved according to Norwegian law under the jurisdiction of the Court of Porsgrunn.

Please note: By signing up for any of our services You acknowledge that You have read, understood and agree to be bound by all the terms and conditions contained, referenced and listed herein.

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Acceptable usage policy

  1. Responsibility
    You are responsible for complying with this Acceptable Usage Policy ("AUP") and for violations attributable to Your users, whether authorized by You or not. You must take all reasonable steps to ensure that Your users comply with this AUP. Mediasparx expressly disclaims any liability for content published or transmitted on our network or servers, and for the actions or omissions of users.
  2. Prohibited content
    You shall not allow publishing or transmitting content on or through Mediasparx services, our network or its physical infrastructure which, in Mediasparx sole determination, constitutes a violation of any local or international law, regulation, ordinance, court order or other legal process or otherwise. Prohibited content includes, without limitation, content that describes ways to violate this AUP, "phishing" websites, content used within spam e-mails sent from another network ("spamvertising"), content that may be considered as racist, pornographic or defamatory, religious or politically extreme, content that promotes unlawful behaviour such as hate crimes or terrorism, content that is designed to impersonate, defame, slander, harass, embarrass, threaten, abuse or harm others, content that is harmful to minors in any way, content that constitutes fraud or has a fraudulent purpose, content that promotes obscenity, profanity, indecency, torturous behaviour, hatred, vulgarity, invasion of privacy, content that infringes upon intellectual property rights or violates trade secrets of others, including violations according to the Digital Millennium Copyright Act of 1998.
  3. Prohibited activities
    You agree not to engage in any activities that Mediasparx, in its sole discretion, determines as prohibited including the following: Introducing, executing, creating, transmitting or engaging in malicious programs on any network or server, such as viruses, worms, trojans, key loggers, flood or mail bombs, denial of service attacks or distributed denial of service attacks. Causing or initiating security breaches or disruptions of network communication or connectivity, including port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information. Intercepting data not intended for You, or using programs or messages designed to interfere or disable sessions. Evade, circumvent, avoid user authentication, security or restriction of any host, network or account, including cracking, forging of identification, brute-force or dictionary attacks. Forging, misrepresenting, omitting or deleting message headers, return mailing information or internet protocol addresses, to conceal or misidentify the origin of a message. Spamming via a third-party proxy or any other unsolicited bulk messages, postings or transmissions through other media such as blogs, irc, chat, guest books, http referrer logs, usenet, pop-ups, instant messages or sms. Hacking or subverting, or assisting others in subverting, the security of our systems and services. Soliciting the performance of any illegal activity, even if the activity itself is not performed. Threatening bodily harm, or encouraging bodily harm or property destruction. Harassing others or encouraging harassing behaviour. Fraud or scams such as pyramid schemes. Collecting personal information about other without their knowledge or consent. Instructing others in prohibited activities. Acting in any manner that may affect Mediasparx public image, reputation or goodwill.
  4. Spam
    You agree You may not transmit unsolicited bulk messages over the internet ("Spamming") and must comply with all relevant legislation and regulations on bulk and commercial e-mail, including the CAN-SPAM Act of 2003 and the Norwegian Consumer Ombudsman "Retningslinjer for markedsføringslovens" §2b (rules and regulations for the law on marketing). You agree not to send mass unsolicited e-mails or operate mailing lists, listservs or mailing services to recipients who have not confirmed an opt-in to receive e-mail from You, and maintain complete and accurate records of recipient's consent on opt-ins and provide such records to Mediasparx upon request. You also agree to allow any such recipients to remove themselves automatically from within such messages. If as a result of Your action any of our IP addresses are placed on a black hole lists or other mail filtering systems, Mediasparx shall charge You NOK 1200 +VAT in advance and NOK 1200 +VAT per hour thereafter for any remedial actions. In addition, if actual damages cannot reasonably be calculated then Mediasparx may charge You liquidated damages of NOK 10 +VAT for each piece of Spamming transmitted from or otherwise connected with Your account. Otherwise You agree to pay Mediasparx the actual damages.
  5. Violations
    Mediasparx may, with our without notice to You, enforce this AUP with any action it deems reasonable and take legal action against You to enforce compliance with this AUP.

Domain registration

  1. Governing bodies
    Mediasparx provides a domain name registration service for top-level domains (TLD) including .no, .com, .net, .org, .mobi, .info, .biz, .name, .eu and .co.uk. Uninett Norid oversees the .no TLD, ICANN oversees the .com, .net, .org and .mobi TLDs, Afilias oversees the .info TLD, Neulevel oversees the .biz TLD, The Global Name Registry oversees the .name TLD, EURID oversees the .eu TLD and Nominet oversees the co.uk TLD. Upon Mediasparx's receipt of domain name registration information from You, Mediasparx's responsibilities are limited to submitting the information to the appropriate party for approval and processing, and communicating the result back to You. Submission does not guarantee registration and Mediasparx shall not be held liable for any errors, inaccuracies or delays relating to the registration process. Mediasparx reserves the right to reject Your domain registration application for any reason it may see fit.
  2. Selection of domain name
    When submitting a domain name application, You agree that You are solely responsible for ensuring that neither this registration nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party or any unlawful purpose whatsoever. You guarantee that the domain name applicant meets the requirements for the TLD under which You apply for a domain, You agree that You have read and agree to the terms and conditions of the TLD under which You apply for a domain and You agree to be bound by the domain dispute resolution policy for the TLD under which You apply for a domain (please refer to the website of the registry operator of the applicable TLD).
  3. Required information
    You are required to submit the following information to Mediasparx as part of the registration process, and You agree to maintain and provide updated information to Mediasparx at all times.
    • Domain name to be registered.
    • Company name, registration number, address, telephone number, fax number and e-mail.
    • Domain holder's name, address, telephone number, fax number and e-mail.
    You agree that this information is made publicly available on the internet via WHOIS and other means. If You provide information about a third party in the registration process, You guarantee that You have obtained the consent of the third party for disclosure and use of the third party's information as set forth in this Agreement.
  4. Initial term and included service
    Domain names are registered for one year's initial term (two years for .uk and .as), unless otherwise stated in this Agreement. The service only includes delegation to external nameservers or use of Mediasparx nameservers for parking. Any other service such as hosting for web and e-mail, must be ordered separately. An application is binding from the time Mediasparx receives the application, and cannot be cancelled after Mediasparx has forwarded the application. You agree Mediasparx may transfer the ownership of a domain to Mediasparx or resell to a third party, if the registration fee is not paid within 30 days. Such transfer or resale shall not exempt You from payment of domain name registration.
  5. Renewal and expiration
    You are solely responsible for ensuring that Your domain name is renewed prior to its expiration. Should renewal fees go unpaid within the time specified in the renewal notice or reminder, Your registration will be cancelled.
  6. Transfer of ownership
    You agree that prior to transferring ownership of Your domain name to third party, You shall require the third party to agree in writing to be bound by this Agreement. Your domain name will not be transferred until we receive such written assurance.

Please note: By signing up for any of our services You acknowledge that You have read, understood and agree to be bound by all the terms and conditions contained, referenced and listed herein.

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Hosting service

  1. Utilization of server resources
    You may not exceed the storage or bandwidth limitations applicable to Your hosting package with us. You shall be charged additional fees and costs associated with such exceeded usage. Changes to Your hosting service can be initiated via our Help Desk within the control panel for your domain or via e-mail to support@mediasparx.com. Mediasparx reserves the right to temporarily or permanently restrict available bandwidth and resources or disable scripts, with or without notice to You, in cases where Your account is endangering the security and stability of our servers. Mediasparx also reserves the right to move Your account to a different server with or without notice to You.
  2. Data disclosure
    All information published on or transmitted through our network and servers are to be considered publicly available. This includes hidden content as well as content that are password protected. You agree that Mediasparx employees may have access through their work to all Your files stored on our servers, including the content of e-mails sent to and from Your account.
  3. Termination
    You agree that if You transfer Your domain name or allow Your domain name to expire, in conjunction with a live web site, You may no longer be able to access Your web site through us.

Please note: By signing up for any of our services You acknowledge that You have read, understood and agree to be bound by all the terms and conditions contained, referenced and listed herein.

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Reseller package

  1. Fees and payments
    Mediasparx will provide its services to the Reseller according to the general terms with a 25% discount on services Reseller re-sells. Reseller may set its own prices. Reseller and its customers are not entitled to any refunds.
  2. Customer agreements
    Reseller is required to ensure that his/her customers agree to comply with this Agreement. Reseller further assumes full and complete responsibility for, and agrees that Mediasparx shall have no responsibility or liability for, any or all activities, complaints, or cancellations by Resellers customers. Reseller also agrees to release, indemnify, defend, and protect Mediasparx from any claims, losses, and liabilities relating to or arising out of his/her re-sale of Mediasparx services.
  3. Support
    Mediasparx will only provide technical support to Reseller. Reseller is responsible for the acts and omissions of Reseller's sub resellers and to provide reasonable training and technical support to Reseller's sub resellers and his/her customers.
  4. Confidentiality
    Reseller agrees to exercise a reasonable level of care and discretion to prevent and restrain the use, disclosure, or reproduction of Mediasparx Confidential Information ("CI"). CI means non-public information that Mediasparx designates as being confidential or which under the circumstances surrounding disclosure, ought to be treated as confidential by Reseller. CI includes, but is not limited to, information relating to upcoming releases, business policies and practices. This obligation shall last for three years following the termination of this Agreement.
  5. Conflicts of interest
    Reseller agrees to disclose to Mediasparx in a timely manner any conflicts of interest or potential conflicts of interest Reseller may have.
  6. No solicitation
    Reseller agrees that he/she will not approach Mediasparx's employees with proposals to hire them as his/her own employees or contractors. If Reseller was to hire any Mediasparx's employees, Reseller agrees to pay Mediasparx for each employee hired NOK 1.000.000 +VAT.
  7. Termination
    Should Reseller elect to terminate his/her Reseller package, remaining customers will default to Mediasparx.

Please note: By signing up for any of our services You acknowledge that You have read, understood and agree to be bound by all the terms and conditions contained, referenced and listed herein.

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Kontakt

  • (+47) 41 00 00 40
  • moc.xrapsaidem@tsop
  • Send forespørsel
  • Drangedalsveien 2,
    3920 Porsgrunn

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