Last Update: January 22, 2024
This Terms of Service Agreement (the "Agreement") sets forth the terms and conditions of Your Use of EasyWP service ("EasyWP", “Subscription” and/or "Service(s)"). It is in addition to Spaceship’s Universal Terms of Service, and Spaceship’s hosting terms/policies, including, Hosting Acceptable Use Policy (collectively "Spaceship Terms"). In this Agreement "You" and "Your" refer to You as the user of Our Services, or any agent, employee, servant, or person authorized to act on Your behalf. "We," "Us" and "Our" refer to Spaceship, Inc., as well as its subsidiaries and sister companies (“Spaceship”).
You agree to be bound and abide by the terms and conditions of this Terms of Service Agreement (“Agreement”) and all of the applicable Spaceship Terms. If you are entering into this Agreement on behalf of a company, organization, or other legal entity, you are entering into this Agreement for that entity and representing that you have the authority to bind such entity to this Agreement, in which case the term “You” will refer to such entity. If you do not agree to this Terms of Service Agreement, you should not access or use the Service.
The Service, all confidential and proprietary software used in connection with the Service, Materials, and all other materials and services provided by or through EasyWP are owned by Spaceship or other parties that have permitted the use of their materials, content, or provided services to Us, and are protected by copyright, trademark, trade secret, and other intellectual property laws.
“Materials” means any necessary software, all informational text, software documentation, design of and "look and feel," layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted, as well as all derivative works thereof.
Spaceship gives You permission to use the Materials to the extent, and only to the extent, necessary to access and use the Service in accordance with these Terms. This permission does not permit You to store, copy, reproduce, republish, modify, upload, post, translate, scrape, rent, lease, loan, sell, distribute, transfer, transmit, display, decompile, reverse engineer, reverse assemble, decipher or otherwise attempt to discover any programming code or any source code used in or with the Materials, or otherwise distribute in any way the Materials other than as specifically permitted in these Terms. You may not sell, assign, grant a security interest in, or otherwise attempt to transfer any right in the Service or Materials, create derivative works based on, or in any manner commercially exploit the Service or Materials, in whole or in part, other than as expressly permitted in these Terms. Any use of the Service or Materials for any purpose other than as specifically permitted herein or without Our prior consent or advertisers, as applicable, is expressly prohibited. We reserve all rights not expressly granted in these Terms.
All trademarks, service marks, logos, slogans, and taglines (individually and collectively, “Mark” or “Marks”) are the property of Spaceship or their respective owners. Except as otherwise specifically provided herein, no permission or right to use any Mark is granted without the express written permission of Spaceship or the respective third-party Mark owner.
We do not want to receive confidential or proprietary information from You through the Service or by email. Unless otherwise agreed in writing by an authorized Spaceship representative, any material, information, or idea You transmit to Us by any means may be disseminated or used by Us without compensation or liability to You for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to Content or to personal information that is subject to Our Privacy Notice.
You are responsible for maintaining the security of Your account and website, for all activities that occur or actions taken under the account or in connection with the website. You agree to notify Us immediately in writing of any unauthorized uses of the account or any other security breaches. We will not be liable for any loss or damage from Your failure to comply with this security obligation. You acknowledge and agree that under no circumstances will We be liable, in any way, for any of Your acts or omissions or those of any third party, including damages of any kind incurred as a result of such acts or omissions.
You are solely responsible for undertaking measures to:
(i) prevent any loss or damage to Your content;
(ii) maintain independent archival and backup copies of Your content;
(iii) ensure the security, confidentiality, and integrity of Your content transmitted through or stored on Spaceship servers;
(iv) ensure the confidentiality of Your password. Spaceship’s servers are not an archive and Spaceship shall have no liability to You or any other person for loss, damage, or destruction of any of Your content.
EasyWP service is not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Spaceship shall have no liability to You or any other person for Your use of Spaceship products and/or services in violation of these terms.
All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services, or other materials You post or allow to be posted on a website via the Service ("Content") are Your sole responsibility. You are responsible for all Content that You upload, post, transmit, or otherwise make available via the Service, including Content that You allow to be posted by other parties. We do not control the Content You post via the Service.
Under no circumstances will We be liable for Your Content or the content of any third party, including, but not limited to, for any errors or omissions in Your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that We do not pre-screen Content, but that We shall have the right (but not the obligation) to refuse, move, or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable at Our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by Us. You acknowledge and agree that We may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(i) comply with legal process;
(ii) enforce these Terms;
(iii) respond to claims that any Content violates the rights of third parties;
(iv) protect Our rights, property, or personal safety and those of Our users and the public.
You further agree that You will comply with Our content guidelines and Acceptable Use Policies, including but not limited to those in Spaceship’s Universal Terms of Service and Spaceship’s hosting terms/policies, including Hosting Acceptable Use Policy.
We retain the right to terminate any account or user who has violated any of the above prohibitions. Any material that in Our judgment is harmful, illicit, or threatening is strictly prohibited and may be removed from Spaceship servers immediately with or without prior notice and may lead to possible warning, suspension, or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation as well as what is the appropriate severity of any corrective action to be applied. At its discretion, Spaceship will take further actions to ensure the stability of Our services including, but not limited to, restricting public access to certain Content, disabling plugins, themes, accounts, scripts, services, etc. Spaceship shall have no liability to You or any other person for loss, damage, or destruction of any of Your content or website. You expressly
(i) grant to Spaceship permission to cache the entirety of the content that is submitted, stored, distributed, or disseminated by you via the Services and your website, including content supplied by third parties, hosted by Spaceship under this agreement;
(ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.
Fees. All fees for the Services shall be in accordance with Spaceship’s fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Failure to pay renewal fees when due may result in the immediate termination of services.
Plans & Auto-Renewal. An auto-renewal option can be enabled for all EasyWP plans at Spaceship. If You signed up for a monthly or an annual payment plan, and You selected the automatic renewal option, Spaceship will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at Spaceship's then-current rates.
As noted, failure to pay for services at renewal may result in immediate suspension of services.
EasyWP, like other hosting products, automatically renews until canceled by You. The renewal period is based on the original subscription period, i.e. monthly or annually, and occurs whether or not you have authorized automatic payment for your renewal.
EasyWP, like many other hosting services, renews automatically if You have auto-renewal turned on. If auto-renewal is off, it cancels automatically. This renewal or cancellation aligns with Your initial subscription period, which can be either monthly or annually.
Should you no longer wish to use EasyWP, You acknowledge and agree that You are required to cancel the Service. Until such time, You agree that You remain responsible for the cost of the Service and that You will remain responsible for any uncollected Fees.
Cancellation Effective Date. When You cancel the Service, Your cancellation will take effect at the end of the current subscription period. The last date of Your current subscription period will be the Effective Date of Your cancellation. Until the Effective Date, You will have access to Your website, and website files and be able to fully use Your subscription.
If You want to cancel the Service with immediate effect, You will need to contact the Spaceship support team with this request. You acknowledge that you will not receive a refund or credit for any unused portion of a subscription period should you choose to cancel immediately and that the Effective Date will be the date you make the request.
Post Cancellation: Access to Website + Website File Deletion. At the end of the day of the Effective Date of Your cancellation, You will no longer have access to Your website.
Deletion for hosting subscriptions happens shortly after the Effective Date of cancellation. Per our Hosting Terms of Service, paragraph “Storage and Security”, it is Your sole responsibility to ensure You have backup copies of Your website files. We are not responsible for creating or recovering backups of your files should you fail to do so.
Refunds. You may receive a refund if Your EasyWP subscription is canceled within the initial thirty (30) days after initial sign-up (except for Services Purchased at Reduced Fee) or within twenty-four (24) hours after renewal. If the account holder cancels after the time period specified, there will be no refund given. Refunds do not apply to:
(i) Services Purchased at Reduced Fee,
(ii) SSL certificates,
(iii) domain registration-related fees and/or
(iv) any other products that may operate with this Service.
If Your website is found to be in violation of Spaceship’s UToS and/or this Agreement, it will be suspended immediately and all payments forfeited.
You can add and use third-party software (like themes or plugins) on Your website only if it is compatible with Our platform. Here is the list of the prohibited software:
(i) Plugins. accesspress-social-pro, ad-blocking-detector, alidropship, auto-upload-images, bad-behavior, contextual-related-posts, currencyr, custom-field-template, database-browser, dynamic-related-posts, easy-social-share-buttons, easy-social-share-buttons4, ewww-image-optimizer, exec-php, fatpanda-facebook-comments, floating-social-bar, fuzzy-seo-booster, agd-star-rating, mappress-google-maps-for-wordpress, media-deduper-pro, pie-register, plugin-organizer, portable-phpmyadmin, quick-cache, redis-cache, role-scoper, seo-automatic-links, sexybookmarks, similar-posts, simple-session-support, special-recent-posts, td-speed-booster, tweet-blender, ultimate-social-deux, varnish-http-purge, watermark-my-image, wordpress-database-reset, wordpress-gzip-compression, wordpress-popular-posts, wp-cache, wp-file-cache, wp-lock-master, wp-media wp-memcached-manager, wp-phpmyadmin, wp-rocket, wp-stats-manager, wp-super-cache, wp-super-cache-clear-cache-menu, wp-tab-widget, clickervolt.
Your use of any third-party software is at Your own risk. Spaceship cannot be responsible for any third-party software performance and provides no guarantees that its use will result in any particular outcome or result. Spaceship will have no liability or responsibility for any damage, loss of data, use, or other loss occurring in connection with Your use of third-party software or products.
You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup. Third-party Services may not work appropriately with your website, and we may not be able to provide support for issues caused by any Third-party Services. If you have questions or concerns about how a Third-party Service operates, or need support, please contact the Third Party directly.
In rare cases, we may at our discretion, suspend, disable, or remove Third Party Services from your account or website.
You acknowledge that, in your use of the Service, you alone direct the content that is used in the Service. As such, you agree that you are Controller of any personal information included in your Content and processed by the Service, that Spaceship serves as Processor.
You further agree that you will comply with all privacy regulations applicable to you. If required by law, you agree that you will ensure consent and/or an appropriate lawful basis for directing Spaceship to process any third-party personal information via this Service. You also agree that Spaceship, as a Processor, may engage sub-processors to provide you with the Service.
You acknowledge and agree that you will hold Spaceship, plus any/all sub-processors, harmless and fully indemnify Spaceship and sub-processors for processing third-party data where you did not comply with applicable privacy regulations.
Data processed via this Service may be transferred to the US and/or other locations not deemed to have “adequate protection” under the GDPR. Where such transfer occurs, Spaceship will transfer using an approved transfer mechanism, such as the Standard Contractual Clauses as outlined in our DPA.
By using our services, You further agree that You will comply with Our content guidelines and Acceptable Use Policies, including but not limited to those in Our Universal Terms of Service, Hosting Terms of Service, and Hosting Acceptable Use Policy.
Spaceship reserves the right to refuse service to anyone at Our discretion. Any material that in Spaceship judgment, is either obscene or threatening is strictly prohibited and will be removed from Spaceship servers immediately with or without prior notice and may lead to possible warning, suspension, or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Spaceship will take corrective action at our own discretion and will notify You. Spaceship can and will remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of the removed content. Our decision in such a case is binding and final, and cannot be subject to further change. Spaceship cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Spaceship or any other third party.
Each of Your EasyWP subscription disc space is limited in accordance with the EasyWP Subscription plan:
The over-usage of the provided disk space may lead to the suspension of the account in question. Under its sole discretion, Spaceship reserves the right to determine any kind of unfair or inappropriate usage of any content that may result in immediate account suspension or upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with Spaceship and shall be made at its reasonable discretion.
In order to safeguard email deliverability and reduce the ability to use Our Service for sending spam emails originating from the websites hosted on EasyWP, the number of outgoing emails sent from a single website using the PHP mail() function is limited to 50 emails per day.
Spaceship reserves the right to further limit the volume of email messages You can deliver through our Services, as determined by Us at Our sole discretion. Spaceship may limit email volume by queuing Your email messages internally, or by temporarily rejecting requests to send email through our Services. Spaceship may block any message You attempt to submit using our Services, for any reason whatsoever, with or without notifying You of such blocking. Under no circumstances will Spaceship be liable to You or any other party for any indirect, special, economic, or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.
If you are using a third-party SMTP service to send emails from the website, we do not limit the number of such outgoing emails on our end.
We do not limit the number of visitors that can visit your website. However, we recommend the Starter plan for websites with up to 50,000 visitors per month, the Turbo plan for 200,000 visits per month, and Supersonic for 500,000 visitors per. The amount of traffic that can be handled depends on how optimized the site is, etc.
We will not block the site if it goes above the recommended number of visitors. However, under Our sole discretion, We reserve the right to determine any kind of unfair or inappropriate use of the Service and, accordingly, it may result in an upgrade to a package with higher resource availability. The decision to upgrade shall rest solely with Spaceship and shall be made at its reasonable discretion. In case of the refusal of the upgrade, Spaceship reserves the right to suspend and terminate the Subscription in question.
In the event You terminate this Agreement or Your use of these Services, You agree that it is Your responsibility to have made and retained Your own backups of Your website for further use, including transferring Your content to another provider.
You acknowledge that You understand that Spaceship will not transfer or FTP Your website content to another provider.
You agree that We may modify this Agreement and the related Services from time to time. By Your continued use of the Services, You agree to be bound by any changes Spaceship may reasonably make to this Agreement when such changes are made.
The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.