Spike Telecom Terms of Service

1.Glossary

1.1. Spike Telecom LLC - The private cloud hosting company Spike, located at 30 N Gould St, STE 4000, Sheridan, WY 82801, and represented in its relations with the Customer by its legal or authorized representative.

1.2. Price List - The list of general prices of Spike’s services, accessories and sanctions, set forth by Spike and publicly available to the Customer from Spike customer service and on the Spike Website.

1.3. Website - Spike’s website at https://spiketelecom.com/

1.4. Personal Information - Customer’s personal details (Customer’s legal name, date of birth, identity document details) and contact information (Customer’s address, contact details, e-mail address) and information regarding the Service used by the Customer (Service usage volume and history, Customer’s payment history), as held by Spike.

1.5. Customer - A natural or legal person who has an ongoing contractual relationship with Spike based on a Customer Agreement, acting either personally or through its legal or authorized representative. Unless otherwise agreed by the parties, an individual or entity may only become a Customer if the individual or entity is of legal age and has no outstanding debts to Spike

1.6. Service - Any services provided by Spike to the Customer, including but not limited to server housing, dedicated server, cloud server, web hosting.

1.7. General Terms - These General Terms of Spike's Telecommunication Services.

1.8. Agreement - The agreement concluded between the Customer and Spike for the provision of Service.

1.9. AUP – Acceptable Use Policy. 

2.Concluding the Agreement

2.1. Spike concludes Agreements in English. Regarding the application of Agreements, including dispute resolution.

2.2. When a Customer subscribes to a Service, the Service Agreement terms will be submitted for review to the Customer; once the Customer confirms that they have reviewed the terms and wish to subscribe to the Service, the terms will be deemed to be accepted by the Customer. The Agreement will enter into force when the Spike's Customer pays the first invoice issued to them.

2.3. Spike is entitled to refuse to conclude an Agreement if the other Party has violated Spike’s or third parties’ terms of service (e.g. a payment obligation) or best practices of Internet usage, or for other good reasons as determined by Spike.

2.4. The Start of Service is deemed to be the date when Spike makes the Service available for use.

2.5. Spike provides free change once within 24 hours after activation, then we charge 5 USD for each case. You may change IP once per month, and only IPv4 is applicable for change.

2.6. Between customers, if a product needs to be transferred, each customer has a unique transfer opportunity once a month. This opportunity cannot be purchased and will be refreshed every month.

3.Pre-sales and after-sales

3.1. All orders from new customers will be reviewed and processed within 48 hours.

3.1.1. If the customer's information cannot pass our verification, for security reasons, we reserve the right to request the customer to provide additional documents, including but not limited to ID card/passport/driver's license/bank statements and other proof of identity documents.

3.1.2. All unpaid orders will be held for 24 hours, after which they will be cancelled.

3.1.3. If your order is automatically flagged as fraudulent, you must complete the KYC (Know Your Customer) process within 24 hours. Failure to complete this within the given timeframe will result in service termination, and a refund will be issued.Please refer to Section 10.2 for our refund policy.

3.2. Due to staff time zones, holidays, and sick leaves, the maximum response time for all tickets may be 48 hours.

3.3. We offer one free ownership transfer per account per month for our products.

4.Spike’s rights and obligations

4.1. In case of an interruption of Service, availability due to circumstances not under the Customer’s control, to resolve such circumstances in Spike’s area of service at Spike’s expense within the term specified in this Agreement.

4.2. To inform the Customer at least 48 hours in advance of any circumstances preventing use of Service, including suspension of communication due to technical reasons.

4.3. Spike reserves the right to amend their prices and terms of Service by notifying the Customer in writing at least 30 calendar days in advance.

4.4. Spike reserves the right to amend the general terms of Agreement by publishing the latter on the Website and notifying the Customer in writing at least 30 calendar days in advance.

4.5. Spike is entitled to suspend or terminate the Service if the Customer violates the terms of this Agreement.( e.g. if the Customer has not paid an invoice within 5 days after the due date specified on the invoice, by giving notice via e-mail at least 5 days in advance).

4.6. Spike is entitled to terminate provision of Service to the Customer with no advance notice if the Customer has violated the Acceptable Use Policy (AUP).

4.7. Spike aspires to keep their services up to date and competitive. Spike reserves the right to amend the principles of Service provision, including the technology and software applications used for Service provision, by giving advance notice to the Customer. Such amendments may be made due to changes in legislation, technological developments, and security issues.

5.Customer’s rights and obligations

5.1. The Customer is entitled to use the Service according to their wishes and needs, but only according to its intended use. The Customer undertakes to use the Services according to the Acceptable Use Policy, the Agreements, the applicable legislation (including intellectual property legislation), the principle of good will, and best practices.

5.2. The Customer is obligated to:

5.2.1 pay for Services used based on invoices issued by Spike by the payment term specified on each invoice;

5.2.2 inform Spike of any network deficiencies, malfunctions and disturbances by sending an e-mail to [email protected];

5.2.3 dont use the Service in a way that would interfere with the functioning of the communications network, technical systems, and servers;

5.2.4 update their contact information in the Customer Portal if this information changes.

5.3. The Customer will pay the monthly fee for periods when Service provision is limited or suspended pursuant to Sections 4.5, 4.6 and 5.2.3. The Customer undertakes to use the Services according to the technical parameters of the plan they have subscribed to; if the technical parameters are insufficient, the Customer shall subscribe to a sufficient Service / additional resource. If the technical parameters are determined to be insufficient (e.g. server resource usage by the Customer exceeds the agreed total volume), on the first occurrence Spike will request that the Customer bring their Service usage in line with the Agreement within one week. If the Customer does not fulfill this request, additional fees for exceeding the resource limits specified in the Agreement will apply to the Customer, if such fees are listed in the Price List. On any following occurrences, Spike will apply the additional fees without giving a deadline for ceasing the violation.

6.Parties’ certifications at concluding the Agreement

6.1. The Parties certify to each other that:

6.1.1 They have passive and active legal capacity and no bankruptcy proceedings have been initiated or no bankruptcy caution has been filed against them. If a Party is a legal person, they certify that no dissolution resolution has been taken regarding them.

6.1.2 They have all necessary approvals and authorizations for concluding and performing the Agreement, and that concluding and performing the Agreement would not entail a violation of any obligation pursuant to a legal or administrative act, court judgment, or legal relationship on behalf of the Party, and that they possess all necessary means and skills for performing their obligations pursuant to the Agreement.

6.2. The Parties will notify the other Party of any changes to the circumstances certified in Section 6.1.

6.3. The Customer certifies that:

6.3.1 prior to concluding the Agreement, they have reviewed all terms of the Agreement (including the applicable general and special Terms of Service, General Terms, and Price List), have understood these, and are aware of all rights and obligations arising pursuant to the Agreement;

6.3.2 all information submitted by them to Spike at concluding the Agreement is accurate; they further acknowledge that other parties besides Spike may rely on its accuracy, and submitting inaccurate information may entail sanctions against them and/or Spike.

7.Amendment and termination of the Agreement

7.1. Spike reserves the right to amend the terms of the Agreement unilaterally pursuant to changes in legislation or judicial practice, pursuant to an administrative authority’s control actions, or pursuant to other material circumstances regarding Service provision. Spike will publish amended terms on its Website no later than 30 days before they take effect. If the Customer does not agree to the amended terms, they may terminate the Agreement within 30 days and receive a refund for the unused period of Service.

7.2. The Customer is entitled to terminate the Agreement at any time by terminating the relevant Service(s) in the Customer Portal or sending a digitally signed application to [email protected].

7.3. If the Customer terminates the Agreement, they must pay for Services provided by Spike until the time Service provision is terminated. If the Customer terminates the Agreement before the end of a billing period, and the Service Agreement specifies a periodically billed fee, the Customer must pay the entire billing period fee without right for refund.

7.4. Spike may terminate the Agreement within 10 days if the other Party violates the Agreement repeatedly and Service has been restricted pursuant to Sections 4.5, 4.6 and 5.2.3 and the basis of the restriction is still present.

8.Payment for Service

8.1. Spike will issue Service invoices to the Customer based on the billing cycle of the subscription. The invoice will be issued from the date the Service was activated in the Customer Portal, regardless of whether the Customer has actually used the Service.

8.2. The Customer undertakes to immediately inform Spike of non-receipt of Service invoice, and of any mistakes found on the invoice.

9.Disclaimer

9.1. Spike will not be liable for communication interruptions or technical problems if the requirements of Sections 4.5, 4.6, 5.2.2 and 5.2.3 have been violated.

9.2. Parties will not be liable for non-performance or malperformance of obligations arising from the Agreement due to force majeure.

9.3. Any unforeseeable circumstance which the Parties have no control over, including, but not limited to fire, explosion, natural disasters, war, etc., will be considered to be force majeure.

9.4. The occurrence of force majeure will not relieve the Parties of their obligation to minimize damages arising from force majeure, and the Parties will be obligated to resume performance of their obligations as soon as force majeure ends.

9.5. Spike may monitor the use of its services and may disclose information on the use of services for a number of reasons. For example, to comply with laws and regulations, to comply with legal or law enforcement requirements, to ensure proper service or to protect the rights of you or your Customers. Spike can provide law enforcement access to its facilities to monitor the use of the Services.

9.6. Spike does not guarantee that usage of the Service is trouble-free or without interruption.

9.7. Advice provided by Spike or its representatives can’t be regarded as a guarantee.

9.8. Spike will be liable for any direct proprietary damage caused to the Customer by violation of its obligations under the Agreements. Responsibility is based on intent or gross negligence. Spike’s maximum liability will not exceed one month’s fee for the relevant Service.

9.9. Spike is not liable for claims or damages resulting from inadequate measures and practices of the Customer; Internet-based attacks and network traffic interception.

10.Refund Policy

10.1. The Customer has the right to withdraw from an Agreement concluded online within fourteen calendar days of the date of concluding the Agreement, by terminating Service in the Customer Portal. If, during termination of Service, the Customer requests a refund of the fee for the unused portion of the Service (the sum paid minus a fee for the days when the Service was used), a refund will be made without delay, but no later than 30 days after Spike receives the notice of withdrawal from the Agreement.

Refund exceptions for the following cases:

• You have already applied for a refund, each account can only be refunded once.
• You have already used more than 10GB of data transfer.
• You have an active BGP or IX service related to the server.
• You have received product(s) tranfserred from other customers.
• The service was received from other accounts, you can't get a refund for this product.
• You have transferred the service to other accounts, you can't get a refund for this product.
• As of the time you request a refund, if your VPS IP has been reported for abuse, or if it has been listed on any blacklist, including but not limited to Spamhaus, blocklist.de, or any other abuse complaint site with legitimate evidence,you can't get a refund for this product.
• You have requested an IP replacement, you can't get a refund for this product.
• Cryptocurrency payments are non-refundable.
• Renewal orders can not be refunded.
• Your IP is blocked by China's Great Firewall (GFW).

10.2. Each time a refund is made, a fee will be charged based on the deductions made by your payment method. (Payment method refers to Paypal, Stripe, etc.)

10.3. If a refund to your balance, there will be no additional fees deducted.

10.4. In any circumstance, you are entitled to an unconditional refund within 48 hours of purchase. This right can only be exercised once every six months.

11.About Internet Restrictions from Mainland China

11.1. For new customers, if you find that your newly provisioned IP is blocked by the GFW within 24 hours, in accordance with section 2.5, we will provide you with a free replacement IP that is not affected by GFW.

11.2. For existing customers with services active for less than 24 hours, if your IP is blocked by China's GFW, we will handle it as we do for new customers, we will provide you with a free replacement IP that is not affected by GFW blocking within 24 hours.

11.3. For existing customers with services active for more than 24 hours, if your IP is blocked by China's GFW, you will not be eligible for a refund for this product or receive complimentary IP replacement services.

12.Confidentiality

12.1. Information submitted by the Customer will be considered to be confidential, and Spike undertakes to not disclose it to third persons without prior written authorization from the other Party.

12.2. Spike may submit and disclose the Customer’s information to credit rating agencies and debt collection agencies if the Customer has outstanding debt.

12.3. The confidentiality obligation will remain in effect indefinitely after termination of the Agreement.

12.4. Spike’s employees are obligated to maintain the confidentiality of confidential information learned in the course of their duties even after the processing of such information is completed and after their employment ends.

13.Anti-Spam

13.1. Customers who receive complaints (including but not limited to, SPAM, DMCA complaints, and network scanning activities) will receive a warning. 

13.1.1 If we receive abuse complaints regarding the purchase of the Elite Series (2024),Elite Series IPv6 Only (2024),Elite Plus Series (2024),and other products,our handling of complaints is as follows:

• After receiving the first complaint, we will send a ticket and email notification to the customer, which includes the corresponding IP address and service instance. Please address this within 24 hours. If you exceed this time frame without taking action, your service will be suspended.
• After receiving the second complaint, the corresponding service instance you own will be immediately suspended and a fine will be imposed. Upon the second complaint, you will be fined $5.
• After the third complaint, the service instance you own will be terminated.

13.1.2 If the service instance you own frequently receives complaints, your account will be closed. We will terminate all the service instances under your account 48 hours after sending a closure notification.

13.2. For service instances "suspended due to receiving complaints," if you don't take action within 48 hours, your instance will be terminated.

13.3. If your instance is subjected to a DDoS attack, it will be null-routed. If your instance is frequently attacked (more than 10 times per month), the corresponding instance will be terminated.

Last updated: Apr 14, 2024