Hosting Acceptable Use Policy (AUP)

Last Update: January 24, 2024

This Acceptable Use Policy (the "Agreement") sets forth the terms and conditions of Your Use of hosting and related services ("Services"). 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.

IP Address

Spaceship assigns to You an Internet Protocol ("IP") address in connection with Your use of the Spaceship services. The right to use that IP address will remain with and belong only to Spaceship, and You will have no right to use that IP address except as allowed by Spaceship in its sole and absolute discretion.

Payment Terms:

• Spaceship may temporarily deny service or terminate this Agreement upon Your failure to pay charges when they become due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
  
• If Your account becomes overdue, the account will be suspended. And it won’t be reactivated until the outstanding balance is paid in full. If an outstanding balance is not paid by You within 21 days after Your hosting account's billing date for shared hosting accounts Spaceship reserves the right to terminate Your services for non-payment.
  
• If an account is found to be in violation of the Terms of Service it will be terminated immediately and all payments forfeited.

• If loss of data occurs due to an error of Spaceship, We will attempt to recover the data for no charge to the client. Backups of new/changed data are made weekly for shared servers. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups.
  

Prohibited Activities

By using any Services, provided by Spaceship You agree:

not to violate the laws, regulations, ordinances, or other such requirements of any applicable Federal, State or local government;

not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing;

and not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum;

not to make, attempt, or allow any unauthorized access to Spaceship website, servers, your own hosting account, or the account of any other customers of Spaceship;

not to allow any remote code execution of malicious software through the hosting account provided by Spaceship;

not to cause denial of service attacks, port scans or other endangering and invasive procedures against Spaceship servers and facilities or the servers and facilities of other network hosts or Internet users;

not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User;

not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.

not to use Spaceship services to host any website, other content, links or advertisements of websites that: 

• are involved in fraudulent or phishing activities;
  
• impersonate any company or person; 
  
• infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; 
  
• contain nudity, pornography or other content deemed adult related; 
  
• profess hatred for particular social, ethnical, religious or other groups; 
  
• contain violence or encourage violence; 
  
• contain any kind of proxy server or other traffic relaying programs; 
  
• contain lottery, gambling, casino, where such activities are illegal as determined by Spaceship in its sole discretion; 
  
• contain torrent trackers, torrent Portals or similar software;
  
• promote money-making schemes, multi-level marketing or similar activities where such activities are illegal as determined by Spaceship in its sole discretion.

not to upload unacceptable material which includes: 

• IRC bots, warez, image, file storage;
  
• mirror, or banner-ad services, topsites, streaming; 
  
• Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc);
  
• cryptocurrency miners, MUDs/RPGs;
  
• AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs;
  
• IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts;

not to engage in or to instigate actions that cause harm to Spaceship or other customers.

 Such actions include, but are not limited to :

• actions resulting in blacklisting any of Our IPs by any online spam database, actions resulting in DDOS attacks for any servers, etc;
  
• activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography;
  
• activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of Spaceship; 
  
• activities designed to impersonate the identity of a third party, activities designed to harm minors in any way;
  

Spaceship reserves the right to refuse service to anyone upon 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 upon our own discretion and will notify You. Spaceship’s decision in such cases is binding and final. 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. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date. unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Spaceship will not be liable for any loss or damages in such cases.

At its discretion, Spaceship reserves the right to investigate the use of its services for violations of its policies. This includes all hosting packages and services. Spaceship further reserves the right to remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

You represent and warrant to Spaceship that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by Spaceship shall not be used in connection with any illegal activity.

Email and Anti-spam Policy

You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to Spaceship. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. Spaceship prohibits the following activities listed without limitation hereunder:

• Usage of the Spaceship network and systems to receive replies to unsolicited mass email messages;
  
• Forgery of email headers (i.e."spoofing");
  
• Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation;
  
• Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication;
  
• Hosting web pages advertised via "spam email" sent from another network ("spamvertising");
  
• Hosting any web pages or providing any services that support spam;
  
• Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages;
  
• Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.

If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a $500 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.

We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.

Additional Acceptable Use Policy for Shared accounts:

Server Resource Provision. Your use of the server resources shall not endanger the capacity and operation of the shared server.

Any shared account may use, on average, no more resources than outlined below:

Shared Accounts

*One shared CPU core equals 100%

**The burst allowance is considered an exception to the acceptable use allowance and shall be permitted solely to stabilize the operation of the website during peak intervals. Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.

The decision to upgrade shall rest solely with Spaceship and shall be made at its reasonable discretion.

For all account packages:

• No script may use 25% or more of system resources for 60 seconds or longer;

• Running stand-alone, unattached server-side processes/daemons is strictly prohibited

• Running any type of web spider/indexer (Google Cash / Ad Spy) is strictly prohibited
  
  
• Running cron scripts with intervals of less than 5 minutes, or setting up more than 5 simultaneous cron jobs is strictly prohibited
  
  
• Running of public file exchange services is strictly prohibited

• Running any bit-torrent / P2P application is strictly prohibited
  

Spaceship staff may use the following tools at our discretion to identify the use of system resources:

• Conventional UNIX system tools, like 'ps', 'top', 'iostat' etc
  
• MySQL/PostgreSQL stats reporting features
  
• cPanel report
  
• Resource usage alerts from CSF/LFD server security system

Disk Usage Provision. The content on your website must be linked from an HTML or similarly coded web page with content available to the public. The number of inodes employed by one hosting account on a shared server must not exceed the following limits:

Downloadable files, media, databases must comply with the following limitations:

• A maximum of 10GB of a shared hosting account can be allocated to music, video or other multimedia files including but not limited to .aac, .avi, .mp3, .mp4, .mpeg, .jpg, .png, .gif files;
  
• A maximum of 10GB of a shared hosting account can be allocated to any archive and disk image files containing the complete contents and structure of a data storage medium;
  
• A maximum of 10GB of a shared hosting account can be allocated to databases and database dumps including but not limited to .sql files;
  
• A maximum of 10GB of a shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program;
  
• A maximum of 10GB of a shared hosting account can be allocated to email storage.

Under its sole discretion, Spaceship reserves the right to determine any kind of unfair or inappropriate usage of any content which 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 in its reasonable discretion.

Backup Limitations. Any Shared Hosting account that uses more than 20 GB of disk space or contains more than 300,000 inodes will be removed from our weekly system backup. Any user whose hosting account is using more than 20 GB of disk space or contains more than 300,000 inodes is solely responsible for maintaining the copy of his/her account.

Softaculous backups are stored for 28 days. Once this period is over, backup will be removed from the server, and no copy will exist. Additionally, when using the backup rotation option, you are allowed to set 10 copies maximum per each script you have installed using Softaculous. The eleventh copy of your site will replace the earliest backup file, the first one, generated for the website installation.

You are solely liable for performing and storing a backup copy of your data, files, and hosting account prior to requesting customer support and agreeing to any interference or operation, provided by Spaceship. In the event You are not satisfied with the outcome of any action You shall be solely responsible for restoring the backup copies of Your data.

IPv4 Address Usage Policy. Due to the exhaustion of the IPv4 address space we actively conserve IP address space by limiting the IP addresses each web hosting account can use.

Shared hosting accounts may each use only 1 IP address.

The IP address limit is a per account, not a per customer basis. Customers may hold multiple accounts to get access to additional IP addresses. We strongly urge customers to only use IP addresses for essential use and we do require justification for usage.

Transfer of Content

In the event You terminate this Agreement or Your use of Spaceship products and/or services, then moving Your server content off of the Spaceship servers is Your responsibility. Spaceship will not transfer or FTP Your server content to another provider. In the event Your use of Spaceship products and/or services is terminated, Spaceship will not transfer or manage Your services or Your content.

Spaceship Reservation of Rights.

explicitly reserves the right and sole discretion to:

(i)establish limits and guidelines concerning the use of Spaceship services and/or products;

(ii) require You to provide sufficient documentation to establish the legitimacy of Your use of our services, including but not limited to verification of You / Your business entity, and verification of licensing and requirement legal permissions;

(iii) terminate Your use of Spaceship services and/or products for use of Spaceship services and/or products to unnecessarily or illegally harass Spaceship or third parties, non-payment of fees for Spaceship services and/or products, and other activities where it violates the terms of Acceptable Use Policy whether lawful or unlawful that Spaceship determines, in its sole discretion, to be harmful to its other customers, operations, or reputation;

(iv) terminate Your use of Spaceship services and/or products if Your use of Spaceship services and/or products may results in, results in, or is the subject of, legal action or threatened or proposed legal action, against Spaceship or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and

(v) terminate Your use of Spaceship services and/or products at any time and for any reason if deemed reasonably necessary by Spaceship. Spaceship has no obligation to monitor Your use of Spaceship services and/or products, but reserves the right in its sole discretion to do so.

Right of Refusal. Spaceship has the right to refuse Services to anyone at Our discretion.