Last Update: September 07, 2023
These Terms of Service (the "Agreement") set 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 Spaceship.
This Agreement is in addition to Spaceship’s Universal Terms of Service and other applicable terms, including but not limited to Spaceship’s following policies: Acceptable Use Policy, Limitation of Liability, Indemnification, and Trademark + Copyright Policies.
You agree that Spaceship may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes Spaceship may reasonably make to this Agreement when such changes are made. If You have purchased Services from Spaceship, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.
Your Personal Information + Use of Hosting Services. Spaceship’s Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and Spaceship responsibilities with regard to Your personal information collected as a customer.
Hosting Service + Your Personal Information. Some third-party products or services included in Spaceship products may collect and process additional personal information about You as part of their working operations. Spaceship collects minimal additional information about You when using these Services. We collect information to create logs which document the actions You take with respect to Your use of these Services. And, the personal information typically collected is an IP address. All personal information about You that Spaceship collects and processes will only be used in a manner that is consistent with the purposes intended.
Third Party Personal Information You Collect + Process. You represent and warrant that You have provided notice to, and obtained consent from, any third-party individuals whose personal data You collect and supply to Spaceship as part of the Services with regard to:
(i) the purposes for which such third party’s personal data has been collected;
(ii) the intended recipients or categories of recipients of the third party’s personal data;
(iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and
(iv) how the third party can access and, if necessary, rectify the data held about them.
You further agree to provide such notice and obtain such consent with regard to any third-party personal data You supply to Spaceship in the future. Spaceship is not responsible for any consequences resulting from Your failure to provide notice or receive appropriate consent from such individuals nor for Your providing outdated, incomplete, or inaccurate data.
Third Party Personal Information Collected + Processed Via Service. Information about third party visitors to your website may be collected and processed when You use Our Service. Below details of when and how this may occur.
Spaceship Does Not Collect Website Visitor Personal Information. Spaceship does not collect any personal data from visitors to Your site. We solely operate as a processor who, at Your direction, retains information You have collected as part of Your hosted content.
Third-Party Tools + Visitor Personal Information You May Collect. Our Services include several third-party tools that are integrated to better Your experience of the Services. They include:
Spaceship’s Accepted Use Policy (“AUP”), which is incorporated herein by reference, is applicable to all hosting Services, including email services provided within such hosting Services. You agree to use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP.
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. In addition, Spaceship reserves the right to change the IP address assigned to your services and used by You for any reason.
As a part of the Hosting service, Spaceship provides all Shared Hosting accounts with a technical subdomain. The technical subdomain is set as the main domain of the cPanel account by default and serves purely technical reasons. It cannot be removed from a Hosting account, used with webtools, custom websites, email, SSL сertificates, or any other services.
At all times, You shall bear full risk of loss and damage to Your hosted content and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to:
(i) prevent any loss or damage to Your server content;
(ii) maintain independent archival and backup copies of Your server content;
(iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Spaceship servers; and
(iv) ensure the confidentiality of Your password.
Spaceship services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and Spaceship shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Spaceship are 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.
AutoBackup is an add-on service available for purchase by users of Essential, Pro, Supreme hosting plans.
When you purchase AutoBackup, it generates several versions of your website files and databases in your hosting plan backup, including 6 daily, 4 weekly and 1 monthly backups. This provides you the ability to review and restore content on your hosting account..
Backups generated by AutoBackup are securely stored on offsite storage servers. The service has its own storage allocation and will not impact disk space allocated to your hosting account. Backups are generated on a rolling basis and, depending on website size, can include up to the most recent 60 days. New backups will overwrite the oldest ones first.
AutoBackup has a storage allocation of up to 5GB. This means that AutoBackups are possible if your website is under this size. If your website exceeds the 5GB allocation, AutoBackup management will be disabled for the backups created during the period when plan quota was exceeded. Accounts larger than 100 GB will be permanently excluded from the backup system.
AutoBackup add-on is non-refundable. Automatic renewal option must be enabled prior to the renewal date. In the event the auto-renew option is disabled, the add-on will be canceled on the renewal date and its content will not be available and management features will be deactivated. In the event the auto-renew option is enabled the system will attempt to charge one day prior to the expiration date. When the attempt to automatically renew Your Subscription failed as a result of a decline of Your credit card, the AutoBackup will be suspended and the email notification will be sent to You accordingly.
When you purchase AutoBackup addon, you authorize Spaceship to access the content of your sites to facilitate the backups via automated script.
NOTE: Spaceship provides AutoBackup service as a tool for facilitating backup management. The Service is intended to be used as one tool of many in a comprehensive plan against loss of your website content. It is not intended to be, nor is it provided, as the sole mechanism for backup management. You remain responsible for maintaining an independent archival and backup copies of your content.
You may enable SSH access in Your account. Upon completion of said terms You will be granted Jail access to the system on a provisionary basis any misuse of the system will result in access being revoked. The use of php or any other means to circumvent this policy will result in immediate account termination.
If You have purchased and/or been given permission to use software from Spaceship, Spaceship grants You a limited, non-exclusive, non-transferable, and non-assignable right and ability to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two or more computers at one time. You agree to not alter or modify the software. You agree You are not authorized to combine the software with any other software program, create derivative works based upon the software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code. Spaceship reserves all rights to the software. The software and any copies You are authorized to make are the intellectual property of Spaceship. The source code and its organization are the exclusive property of Spaceship and the software is protected by copyright law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the software and all rights are reserved by Spaceship.
Any such software and Services are provided to You "as-is" without warranty of any kind either express or implied, including but not limited to the implied warranties or conditions of merchantability or fitness for a particular purpose.
Spaceship provides some third-party software to You for easier account management including, but not limited to cPanel, etc. Such software is provided on an as-is and as-available basis. We do not guarantee that any specific results can be obtained by using such software. You agree that Spaceship is not responsible for any faults in such software functioning.
By using Spaceship Services that include such third-party software, you specifically agree to the relevant third-party terms of service and that You shall use the services in accordance with such terms. Your failure to abide by any third-party license may result in the immediate termination of Your Services by Spaceship.
For your convenience, the below is a list of some of the main third-party products provided by Spaceship as part of its Services for Shared Hosting. This list may change should Our use of third-party products used in Our Service change.
You acknowledge and agree that Your order constitutes Your explicit agreement with each provider’s terms of service. For convenience, we have provided a link to their terms for You to review and have for later reference.
Additional Software is at Your Risk. You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Spaceship. Your use of any third-party software is at Your own risk. 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.
No Liability. Spaceship bears no liability or responsibility for any damage, loss of data, loss of use, or other loss occurring in connection with Your use of third-party software or products. Spaceship reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.
Third Party Posts. If You choose to use Our hosting Services to provide a platform for third-party posts/content, You agree that You are ultimately responsible for all content on Your hosted site and that such content must comply with Our Acceptable Use Policy. To ensure compliance, You agree to provide a mechanism for reports of posted content that violate Our Acceptable Use Policy. Examples of such violations include trademark and copyright infringement and privacy violations. You further agree to actively monitor reporting through this mechanism and to timely investigate and take action as appropriate.
Spaceship expressly reserves the right to terminate hosting Services where You fail to timely or inappropriately respond to complaints.
Advertising/Web Space. If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. Spaceship has the absolute right to reject any advertising or other third-party content that is illegal, offensive, or otherwise in breach of the current Spaceship policy or agreement. Such content may result in the suspension or in the immediate termination of Your account.
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. Auto-renewal option can be enabled for all hosting plans at Spaceship. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. As noted, failure to pay for services at renewal may result in immediate suspension of services.
If You signed up for an annual (or longer) payment plan, and You elected 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.
Delinquent Payment. In the event that any amount due Spaceship remains unpaid, on the date when services expire, Spaceship may immediately terminate this agreement, and/or withhold or suspend Services. At our sole discretion, Spaceship may, but is not obligated to, provide a grace period of seven (7) days after such payment is due for shared hosting packages, Spaceship may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid.
Charge-backs. Spaceship only submits payment as authorized by You. Your payment instructions and authorizations are either made manually or by auto-renew, a feature that You set and manage through Your account. Spaceship will work with You if You believe a mistake, though very rare, was made. Please note: You acknowledge and agree that, if you improperly charge-back for hosting services, You are responsible for we may disable the ability to transfer any of your Spaceship services away from Spaceship.
The initial term of Your agreement with Spaceship shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with Spaceship shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or canceled by either party as provided in this section.
This agreement may be terminated:
(i) by You by turning off the auto-renew at least eight (8) working days before the account is due to renew; or
(ii) by Spaceship at any time, without prior notice, if, in Spaceship's judgment, You are in violation of any terms or conditions herein; or
(iii) in Spaceship's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon Spaceship or could disrupt Spaceship's business operations; or
(iv) by Spaceship if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and either Spaceship or Spaceship.
In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that, should termination occur due to (ii), (iii) or (iv), Spaceship may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of Spaceship.
In the event of termination of this Agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs Spaceship incurs in closing your account. You agree to pay any and all costs incurred by Spaceship in enforcing your compliance with this Section.
At all times, You acknowledge that You are responsible for maintaining a backup of Your content. In the event this Agreement is terminated, by You or by Us for any reason, You acknowledge that:
Spaceship provides customer support to You as outlined in our UToS. In addition, we may offer support to You related to Your use of our hosting services. When we provide such support, You acknowledge and agree to the following:
The web hosting and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of Spaceship is to provide space to serve web documents, not as an off-site storage area for electronic files, and is governed by the AUP.
Violations of the AUP or any other provisions of this Agreement may result in termination of the Services provided by Spaceship, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Spaceship based upon the severity of the violation. Spaceship reserves the right to refuse Service if any of the content within, or any links from, the Your website is deemed illegal, misleading, or obscene, or is otherwise in breach of Spaceship's AUP, in the sole and absolute opinion of Spaceship. You agree that Spaceship shall not be liable to you for loss or damages that may result from its refusal to host your website or provide the Services under this Agreement.
Spaceship is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. Spaceship expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Spaceship also reserves the right to terminate an account or subscriber for even one instance of infringement.
If you wish to provide notice of alleged infringement or respond to a claim of infringement, please see our Trademark and Copyright policies.
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.