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domain registration terms of service

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AGREEMENT
This service agreement (“Agreement”) is between KABAM, Inc. dba AbleSpark (“AbleSpark”, “us”, “we”, or “our”) and the Client (“you” or “your”). This Agreement sets forth the terms and conditions under which AbleSpark agrees to provide, and you agree to use, AbleSpark’s Domain Registration Services (“service” or “services”).

FORMATION
You agree that by completing AbleSpark’s on-line registration process, or by providing verbal assent to an agent or employee of AbleSpark, or by signing a written agreement form, or by beginning or continuing to use AbleSpark’s Domain Registration Services, you consent to be bound by and do become a party to this Agreement.

In addition, you agree to comply with any amendments to this Agreement for which you receive notification by continuing the use of services after receiving such notification (see Amendments).  The current and binding terms of this Agreement are set forth on AbleSpark’s web page at http//:www.ablespark.com.

If at any time you do not agree or no longer agree to comply with the terms of this Agreement, you are not authorized to use AbleSpark’s services.  If at any time you do not agree or no longer agree to comply with any amendment, which was not part of this Agreement at the time you purchase services, you have the right and duty to terminate this Agreement pursuant to the client termination procedure provided herein (see Termination by Client).

CONTACT INFORMATION
You agree to provide AbleSpark with accurate and complete contact information. Contact information means any data relating to your identity, electronic mail, and street address, or telephone and fax number, or any other information that you provide to AbleSpark in order to receive or to continue receiving services. Further, you agree to provide AbleSpark with updated contact information within thirty (30) days following the change in circumstance that creates the need for updated information.

BILLING AND INVOICING
You agree to accept electronic delivery of all invoices including (but not limited to) e-mail notification and the posting of your invoices in AbleSpark’s online billing system.  FAILURE TO PAY ANY INVOICE PRIOR TO ITS DUE DATE WILL RESULT IN THE AUTOMATIC FORFEITURE OF ANY RIGHTS TO ANY DOMAIN REGISTERED BY ABLESPARK ON YOUR BEHALF.  DOMAINS WHOSE PAYMENTS ARE OVERDUE WILL BE WILL AUTOMATICALLY TRANSFERRED TO AND OWNERSHIP VESTED IN ABLESPARK.

PERIOD OF SERVICE
You agree to pay for the period of service you select at the time you purchase services.  You agree that it is your responsibility to review your service invoice within a reasonable period after receiving a copy, to ensure that the invoice actually indicates the period of service you requested.  If not, it is your responsibility to immediately notify AbleSpark to amend the invoice to indicate the period of service you requested.  Your period of service commences on the date on which your account is activated.

TERM OF AGREEMENT
The term of this Agreement will continue until a notice of cancellation by AbleSpark or the Client is given, or until terminated under other provisions of this Agreement. AbleSpark reserves the right to terminate this Agreement without cause upon notification to the Client. AbleSpark may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by AbleSpark to implement this Agreement is disrupted or terminated for any reason.

RENEWAL OF SERVICE
Unless specified otherwise, all domain registrations will renew automatically at the end of the period corresponding to the plan that you select when you purchased services. If you do not wish to renew your domains, you must follow the steps outlined in the “Termination by Client” section of this agreement.

TERMINATION BY CLIENT
To terminate a domain registration, please submit via postal mail or email or via fax a letter in which you set forth your domain name, real name, contact information, signature, and reason for termination. All cancellation requests must be received by AbleSpark at least 10 days prior to your domain renewal. Upon receipt of your notice of termination, your domain registration will be canceled or transferred to AbleSpark and you will not be liable for any future service fees. By terminating your service, you agree that you have received all services, rights, and other obligations owed to you by AbleSpark under this Agreement.

TERMINATION BY ABLESPARK
AbleSpark reserves the right to terminate your domain registration services at any time without notice, refund, or compensation to you in the event that in AbleSpark’s sole discretion you:

  • Do anything that would tend to damage the good name or standing in the community of AbleSpark or its affiliates, subsidiaries, or partners.
  • Fail to tender payment for any services provided by AbleSpark or its affiliates, subsidiaries, or partners.
  • Allow your domain to be used for pornography, sex-related merchandising, links to pornography or sex-related merchandising, promoting illegal activity or content, sites containing nudity, or sites that may be considered detrimental to the public health, safety, or welfare.

AbleSpark will be the sole arbiter as to what constitutes a violation of this provision, and reserves the right to deactivate any domains at any time for any reason without refund!  Violators of this policy may be subject to a $250 per hour charge for administration and investigation costs.

NO WARRANTIES
ABLESPARK DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ABLESPARK BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE, EVEN IF ABLESPARK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY
YOU AGREE THAT ABLESPARK WILL NOT BE HELD LIABLE FOR ANY DAMAGES IN EXCESS OF THE AMOUNT THAT YOU PAID TOO ABLESPARK FOR SERVICES UNDER THIS AGREEMENT.

NO LIABILITY FOR CLIENT ACTIONS
You agree that AbleSpark is not responsible for any action taken by you while using your services. You agree to take full responsibility for any action performed using your services (whether the action is performed by you or by any authorized or unauthorized third-party user of your services). You agree to defend, release, indemnify, and hold harmless AbleSpark, its affiliated companies, service providers, and licensors from all liabilities, claims, and expenses, including attorney’s fees, arising from any use, authorized or unauthorized, of your services.

FORCE MAJEURE
You agree that AbleSpark is not responsible for delays, damages or failures in performance due to causes beyond AbleSpark’s reasonable control, including but not limited to acts of a governmental body; acts of God; acts of third parties; fires; floods; strikes or other labor-related disputes; or an inability to obtain necessary equipment or services.

NON-WAIVER
You agree that AbleSpark’s failure at any time to enforce any of the provisions of this Agreement or any right or remedy available hereunder, or at law or equity, or to exercise any option herein provided, shall in no way be construed to be a waiver of such provisions, rights, remedies, or options or in any way to affect the validity of this Agreement. The exercise by AbleSpark of any rights, remedies, or options provided hereunder, or at law or equity, shall not preclude or prejudice AbleSpark from exercising thereafter the same or other rights, remedies, or options.

INTEGRATED AGREEMENT
You agree that this Agreement is the entire agreement between you and AbleSpark regarding the subject matter of this Agreement; and supersedes all prior representations, understandings, or agreements regarding the subject matter of this Agreement.

SEVERABILITY
You agree that if any of the terms or conditions in this Agreement are properly found to be invalid or unenforceable by a government body, the remaining terms or conditions of this Agreement shall not be affected by the finding and shall continue to apply.

AMENDMENTS TO AGREEMENT
AbleSpark reserves the right to amend this Agreement at any time. You agree to comply with any amendments to this Agreement for which you receive notification by continuing to use the services after receiving such notification. Notification means that the amendment is made accessible to you by its incorporation into AbleSpark’s website located at http://www.ablespark.com.

You agree that it is your responsibility to periodically review the AbleSpark website to ensure that your use of the services complies with any amendments.

CHOICE OF LAW
This Agreement shall be treated as though it were executed and performed in Davidsonville, in Anne Arundel County, Maryland, and shall be governed by and construed in accordance with the laws of the United States of America and of the State of Maryland, without regard to conflict of law principles. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in a court of competent jurisdiction in Anne Arundel County, Maryland. The Client expressly submits to the jurisdiction of said courts; and the Client consents to extra-territorial service of process.

CONFIDENTIALITY STATEMENT
AbleSpark insures that all personal information submitted to us in processing your order and for billing purposes, etc., will be kept strictly confidential and used solely by AbleSpark, its representatives and employees, for the purposes for which it was intended. AbleSpark agrees not to share or release such information to any individual, entity, or third party, without the consent of the subscriber, except as required by law, regulation, or governmental authority.