The following Terms and Conditions ("Terms") apply to all clients of the CiviCRM hosting services ("Services") provided by CiviCRM LLC. By subscribing to the hosting of CiviCRM LLC, including subscriptions by a third-party (partner, reseller or other intermediary), you accept the Terms described in this document.
CiviCRM LLC manages the technicalities related to the installation and upgrades of the software (CiviCRM, the content management system, their modules or extensions). To ensure the security of your data and the quality of the service, CiviCRM LLC automatically runs upgrades when necessary. While reasonable precautions are taken to ensure smooth upgrades, they may change how the software works or cause service interruptions.
Backups are done on a daily basis. This includes the files and the databases required by CiviCRM. A minimum of 30 days of backups are kept.
Requests to restore from a backup are subject to a fee of $50 USD.
All parties will commit to take all reasonable measures to protect the confidentiality of all information obtained as part of the agreement:
As part of the services provided by CiviCRM LLC (ex: upgrades, technical support), the Client authorizes the employees or contractors of CiviCRM LLC to access its instance of CiviCRM in order to do the tasks at hand, as part of the conditions outlined in this document.
Services must not be used in creating, facilitating, or attempting, the intentional or unintentional criminal or civil violation of federal, state or other applicable laws or regulations. This includes infringing copyrights, trademarks or patents, transmitting offensive materials including hateful or defamatory material, violating personal privacy.
Services must not be used in creating, facilitating, or attempting (successfully or unsuccessfully) the violation of the security or integrity of the service or other system of CiviCRM LLC or others.
Services must not be used in sending a message to any person who does not wish to receive it (spam).
CiviCRM LLC reserves the right to prohibit activities that violate this Acceptable Use Policy (AUP) or may damage its reputation. Violation of this AUP (either direct, indirect or commited by a third party) entitles CiviCRM LLC to remove immediately the offending material, establish immediate or temporary filtering, deny access, suspend or terminate Services, or take any other appropriate action, as determined by CiviCRM LLC in its sole discretion.
The Client has thirty (30) days after the creation of the account to cancel it with full reimbursement.
In case of disagreement or conflict that cannot be resolved by email, phone or other forms of direct communication, the parties will request in good faith the services of a mediator before starting any legal procedures.
We may revise these Terms from time to time. The latest terms will be available at https://civicrm.org/spark-terms-and-conditions. When legally or technically possible, we will notify you by e-mail 30 days in advance of making effective changes to these Terms. If you don't agree with the new terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
Other than as expressly set out in these Terms or Additional Terms, neither CiviCRM LLC nor its partners, suppliers or extension providers make any specific promises about the Services. We don't make any commitments about the content within the Services, the specific function of the Services, or their reliability, legality, availability, or ability to meet your needs. We provide the Services "AS IS" and you use them at your own risk. To the extent permitted by law, we disclaim all warranties, express or implied, including, without limitation the warranties of merchantability, fitness for a particular purposes, and noninfringement.
To the fullest extent permitted by law, CiviCRM LLC and CiviCRM's partners, suppliers and extension providers will not be responsible (under any legal or equitable theory) for: (1) lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary or punitive damages; or (2) any amounts (in the aggregate) in excess of the amount you paid us to use the Services, or (3) any loss or damage that is not reasonably foreseeable or that is outside of their reasonable control.