Reseller and Downstream Customer Policy

1. Purpose and Scope

This Reseller and Downstream Customer Policy establishes the responsibilities of Customers who resell, redistribute, bundle, manage, sublicense, or provide Spark Rack-supported Services to downstream customers or End Users.

A reseller remains Spark Rack’s direct Customer and is responsible for all downstream activity, payment, support, policy compliance, and communication.

2. No Agency or Partnership

A reseller is an independent business and is not Spark Rack’s employee, agent, franchisee, partner, joint venturer, legal representative, or authorized spokesperson.

A reseller may not bind Spark Rack, sign contracts for Spark Rack, make guarantees on Spark Rack’s behalf, or represent that Spark Rack has approved the reseller’s business practices.

3. Downstream Agreements

A reseller must maintain enforceable terms with downstream customers that are consistent with and no less protective than applicable Spark Rack policies.

At minimum, reseller terms should address:

1. Acceptable use;
2. Privacy;
3. Billing and renewal;
4. Cancellation and refunds;
5. Backups and data loss;
6. Service availability;
7. Abuse reporting;
8. Copyright and repeat infringement;
9. Security responsibilities;
10. Minor users and parental authorization;
11. Domain Services;
12. Suspension and termination;
13. Data retention and deletion; and
14. Limitations appropriate to the reseller’s services.

4. Accurate Representation

A reseller must accurately describe the reseller’s own services, responsibilities, limits, and relationship with Spark Rack.

A reseller must not:

1. Claim to be Spark Rack;
2. Use Spark Rack trademarks without permission;
3. Claim that Spark Rack directly supports the reseller’s customer;
4. Claim certifications, compliance, security, uptime, backup, or recovery guarantees not expressly provided;
5. Misrepresent data-center location or infrastructure;
6. Hide material fees or renewal terms;
7. Misrepresent domain ownership or registrar status; or
8. Promise features or capacity not included in the reseller Account.

5. First-Line Support

The reseller is responsible for first-line support for downstream customers unless Spark Rack expressly agrees otherwise.

The reseller must identify whether an issue is related to downstream configuration, application, billing, credentials, domain settings, or Spark Rack infrastructure before escalating.

Spark Rack may communicate only with authorized reseller contacts and is not required to support downstream customers directly.

6. Escalation to Spark Rack

An escalation should include the affected Service, downstream customer identifier, time, impact, error, logs, recent changes, troubleshooting performed, and secure access if required.

The reseller must not disclose downstream passwords or Personal Information through insecure channels.

7. Billing Responsibility

The reseller must pay Spark Rack in full regardless of whether a downstream customer pays the reseller.

Downstream disputes, refunds, fraud, chargebacks, nonpayment, credits, or contractual promises do not reduce the reseller’s payment obligations to Spark Rack.

The reseller is responsible for taxes, billing disclosures, invoices, refunds, and collection involving downstream customers.

8. Pricing and Promotions

The reseller sets downstream pricing at the reseller’s own risk and must comply with law.

A Spark Rack promotion or credit does not require the reseller to offer the same benefit downstream and does not create a downstream right against Spark Rack.

The reseller must not advertise a permanent rate based on a temporary Spark Rack promotion unless the reseller accepts the future cost risk.

9. Customer Identification and Records

The reseller must maintain accurate records sufficient to identify each downstream customer and responsible contact.

1. Legal or business name;
2. Reliable contact information;
3. Service assignments;
4. Domain and IP associations;
5. Account creation and termination dates;
6. Consent and authorization where applicable;
7. Billing status;
8. Abuse and security communications; and
9. Other records reasonably required for legal and operational purposes.

10. Privacy Responsibilities

The reseller is responsible for providing appropriate privacy notices, identifying the reseller’s role, obtaining required consent, responding to privacy requests, maintaining security, and entering required data-processing agreements.

The reseller must not represent that Spark Rack is the controller of all downstream information merely because Spark Rack supplies infrastructure.

The reseller must not sell or use downstream Customer Data for AI or model training in violation of Spark Rack policy.

11. Minor Users

The reseller must prohibit independent Service use by children under thirteen and must obtain verifiable written parental or legal-guardian authorization for users thirteen through seventeen.

The reseller must maintain authorization records and promptly remove unauthorized minor access.

12. Acceptable Use and Abuse Enforcement

The reseller must reasonably monitor complaints, forward Spark Rack notices, impose deadlines, suspend harmful activity, and cooperate with investigation.

Spark Rack may require the reseller to identify or restrict a downstream customer immediately.

The reseller may not delay urgent action because the reseller has not received a response from the downstream customer.

13. Copyright and Repeat Infringers

The reseller must maintain and reasonably implement a repeat-infringer policy and must promptly process or forward copyright notices and counter-notices.

Spark Rack may terminate the reseller Account when the reseller repeatedly ignores notices, conceals infringers, restores removed content without proper process, or fails to enforce policy.

14. Messaging and Spam

The reseller is responsible for downstream email and messaging behavior and must enforce consent, sender-identity, opt-out, list-management, and anti-spam requirements.

Spark Rack may suspend shared sending infrastructure based on the conduct of one downstream customer when necessary to protect reputation or providers.

15. Security Responsibilities

The reseller must protect administrative credentials, use multifactor authentication where available, limit staff access, patch reseller-controlled systems, monitor downstream abuse, and promptly report compromise.

The reseller must not provide a downstream customer with access that exceeds the reseller’s own authority.

16. Account Delegation and Staff

The reseller is responsible for all employees, contractors, administrators, support agents, and automation accessing the reseller Account.

The reseller must promptly remove access for departed or unauthorized personnel and maintain appropriate confidentiality obligations.

17. Domains

The reseller must clearly identify the actual registrant, preserve accurate registration data, provide renewal notices required by law or policy, process transfers, disclose fees, and avoid claiming ownership of downstream domains.

The reseller must not withhold a domain solely to coerce payment beyond lawful contractual rights or prevent a valid transfer contrary to applicable policy.

18. Backups and Data Loss

The reseller must disclose that backups are best effort and must not represent Spark Rack backups as complete, infallible, guaranteed, or a substitute for downstream independent backups.

The reseller is responsible for its own backup products, retention promises, restore requests, and downstream continuity commitments.

19. Service Levels

The reseller may make downstream service commitments only at the reseller’s own risk.

Spark Rack is not liable for a reseller’s promise that exceeds the SLA provided to the reseller.

Spark Rack credits belong to the reseller Account and do not automatically create a downstream refund or credit obligation from Spark Rack.

20. Resource Management

The reseller must monitor storage, bandwidth, email, CPU, memory, licenses, IP addresses, domains, backups, and other limits.

The reseller may not oversell resources in a manner that causes instability, deceptive marketing, or inability to meet downstream commitments.

21. White-Label and Branding

White-label features, when offered, permit limited reseller branding but do not transfer ownership of Spark Rack systems or create agency.

The reseller must not remove required legal, security, registrar, registry, copyright, or provider disclosures.

22. Downstream Data Access

The reseller may access downstream data only for legitimate support, administration, security, billing, or legal purposes and only to the extent authorized.

The reseller must protect confidentiality and must not use downstream data for unrelated marketing, sale, profiling, AI training, or competitive exploitation.

23. Suspension and Termination by Reseller

The reseller must maintain fair and disclosed procedures for downstream suspension and termination.

The reseller is responsible for downstream notices, export opportunities, refunds, retention, and legal obligations.

Spark Rack is not responsible for claims arising from a reseller’s independent enforcement decision.

24. Suspension and Termination by Spark Rack

Spark Rack may suspend or terminate the reseller Account based on reseller or downstream conduct, nonpayment, security risk, provider requirement, legal process, or policy violation.

Suspension may affect all downstream customers, including those not responsible for the triggering event.

The reseller must maintain continuity plans and alternate communication methods.

25. Migration and Exit

Before ending the reseller relationship, the reseller must export data, transfer domains, notify downstream customers, resolve billing, preserve required records, and complete migrations.

Spark Rack is not required to contract directly with downstream customers or transfer Accounts individually unless Spark Rack agrees in writing.

26. Indemnification and Downstream Claims

The reseller is responsible for claims arising from reseller marketing, contracts, billing, support, privacy practices, downstream promises, or downstream conduct, subject to the indemnification terms in the Terms of Service.

The reseller must not direct a downstream customer to assert against Spark Rack a right that exists only under the reseller’s separate agreement.

27. Audit and Cooperation

Spark Rack may request reasonable evidence of reseller compliance when investigating Abuse, privacy, security, domain, billing, or legal concerns.

The reseller must respond accurately and promptly while protecting unrelated Personal Information.

28. No Exclusivity

The reseller relationship is nonexclusive. Spark Rack may sell Services directly or through other resellers, including in the reseller’s market or geographic area.

29. Contact

Reseller matters should be submitted through the reseller, account, billing, support, or abuse channel in the Customer Portal.

Spark Rack
Attn: Reseller Services
PO Box 2215
Valdosta, GA 31604
United States

30. Acknowledgment

By reselling or providing downstream access, reseller acknowledges that:

1. Reseller is an independent business and is not Spark Rack’s agent.
2. Reseller is responsible for downstream contracts, billing, support, privacy, and conduct.
3. Reseller must maintain terms no less protective than applicable Spark Rack policies.
4. Reseller must pay Spark Rack regardless of downstream payment.
5. Spark Rack is not bound by reseller promises exceeding Spark Rack’s written commitments.
6. Reseller must identify downstream customers and cooperate with Abuse and legal investigations.
7. Spark Rack may suspend the entire reseller Account because of one serious downstream incident.
8. Reseller must maintain independent backups and continuity plans.
9. Reseller may not use downstream data for AI or model training.
10. Spark Rack is not required to assume reseller obligations after termination.