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Spaces
Terms + Conditions

Updated June 25, 2024

Introduction
  1. These Terms and Conditions (“Terms”) govern the use of Spaces Hosting (“we,” “our,” or “us”) services provided to you (“Customer,” “you,” or “your”).
  2. By using our services, you agree to these Terms. If you disagree with any part of the Terms, you may not use our services.
Services
  1. Spaces Hosting provides managed website hosting services, including but not limited to:
    • Website Hosting
    • Daily Backups
    • SSL Certificate Provision
    • Content Delivery Network
    • Domain Registration and Management
    • Hosted Email Services
    • Website updates (via Change Stream)
  2. Services are provided under three main plans: Lift-Off, Ascend, and Orbit. The specific features of each plan are detailed in our service documentation and may be updated from time to time.
Account Registration and Security
  1. You must provide accurate, current, and complete information during the registration process.
  2. You are responsible for maintaining the confidentiality of your account and password.
  3. You agree to notify us immediately of any unauthorized use of your account.
Payment And Billing
  1. Subscription fees are due monthly or annually, depending on the chosen plan.
  2. All fees are non-refundable unless otherwise stated.
  3. We reserve the right to change our fees upon reasonable notice.
  4. Additional Fees: Spaces Hosting reserves the right to impose additional fees for certain actions or circumstances, including but not limited to late payments, returned payments, domain transfers, account reactivation, manual processing, early termination of annual contracts, and expedited support. These fees are detailed in our Fee Schedule, which is incorporated by reference into these Terms and Conditions.
Website Content and Conduct
  1. You are solely responsible for the content of your website.
  2. You agree not to use our services to store, transmit, or display any content that:
    • Infringes on intellectual property rights;
    • Is illegal, harmful, threatening, defamatory, or otherwise objectionable;
    • Contains malware, viruses, or any other malicious code;
  3. We reserve the right to remove any content that violates these Terms.
Website Updates and Change Stream
  1. Website updates are provided through our Change Stream system using a token-based model.
  2. Token allocation varies by plan and does not roll over month to month.
  3. Change requests are subject to our published turnaround times and may be rejected if they fall outside the scope of our services.
Uptime and Performance
  1. We commit to a 99.9% uptime for all hosted websites.
  2. We are not responsible for downtime caused by factors outside our control, including but not limited to internet outages, hardware failures, or force majeure events.
  3. For the purposes of these Terms and Conditions, a “Force Majeure Event” shall mean any event or circumstance beyond the reasonable control of Spaces Hosting, which materially affects our ability to perform our obligations under these Terms. Force Majeure Events include, but are not limited to:
    • Natural disasters, including but not limited to earthquakes, hurricanes, tornadoes, floods, tsunamis, and volcanic eruptions;
    • Severe weather conditions that significantly impact our data centers or network infrastructure;
    • Acts of war, invasion, acts of foreign enemies, terrorism, civil war, rebellion, revolution, or insurrection;
    • Riots, civil commotion, or disorder;
    • Nuclear, chemical, or biological contamination;
    • Explosions or fires not caused by our negligence;
    • Nationwide or regional electrical or telecommunications outages beyond our control;
    • Acts of any government or regulatory body that prohibit or substantially impair our ability to provide services;
    • Pandemics, epidemics, or quarantines as declared by the World Health Organization or the United States Centers for Disease Control and Prevention;
    • Cyberattacks or hacking attempts of unprecedented scale or sophistication that overwhelm our security measures despite our best efforts;
    • Unexpected critical failures of essential third-party service providers (e.g., major cloud infrastructure providers) that cannot be quickly mitigated;
    • Labor disputes, strikes, or other industrial action affecting our critical workforce or key suppliers, excluding disputes limited to our company;
    • Unexpected and severe shortages of critical hardware components due to global supply chain disruptions.
Data Backup and Secuirty
  1. We perform regular, redundant backups of your website data.
  2. While we strive to ensure data safety, you are encouraged to maintain your own backups.
  3. We implement security measures including SSL certificates, regular security updates, and monitoring for suspicious activity.
Support and Maintenance
  1. We offer Rapid Response emergency support for Orbit plan customers.
  2. Standard support is available during business hours for all plans.
  3. We perform regular maintenance to ensure optimal performance. This may occasionally require brief service interruptions, which we will strive to communicate in advance.
Intellectual Property
  1. You retain all rights to the content you provide.
  2. You grant us a license to use, reproduce, and display your content solely for the purpose of providing our services.
Termination
  1. Payment Due Date: All payments are due on the date specified in your invoice. Failure to remit payment by the due date will result in a late payment fee as outlined in our Fee Schedule.
  2. Grace Period: A grace period of 5 days will be granted after the payment due date. During this period, your services will remain active.
  3. Account Suspension: If payment is not received within the grace period, your account may be suspended without further notice. During suspension:
    • Your website will be temporarily taken offline
    • Email services may be disabled
    • Access to control panels and other services may be restricted
  4. Reactivation: To reactivate a suspended account, you must pay all outstanding balances and a reactivation fee as specified in our Fee Schedule. Services will be restored within 24 hours of receiving payment.
  5. Account Termination: If payment is not received within 15 days of account suspension, we reserve the right to terminate your account. Upon termination:
    • All data, including website files, databases, and emails, may be permanently deleted
    • Domain names may be released or deactivated
    • Any custom configurations or settings will be lost
  6. Collections: We reserve the right to submit unpaid accounts to a collections agency. You will be responsible for any collection fees incurred.
  7. Refunds: No refunds will be issued for any unused portion of service after account termination due to non-payment.
  8. Reinstatement: After termination, reinstatement of services will be treated as a new account signup, subject to current pricing and terms.
  9. Notification: While we will attempt to notify you of impending suspension or termination using the contact information on file, it is your responsibility to ensure timely payment and to keep your contact information current.
  10. Exceptions: Spaces Hosting reserves the right to grant exceptions or extensions to these terms on a case-by-case basis, at our sole discretion.
Limitation of Liability
  1. Our services are provided “as is” without any express or implied warranties.
  2. We are not liable for any indirect, incidental, or consequential damages arising from the use of our services.
  3. Our total liability for any claims under these Terms shall not exceed the amount you paid for the service in the past 12 months.
Indemnification
  1. You agree to indemnify and hold harmless Spaces Hosting, LLC, Wild Monkey, LLC and its affiliates from any claims, damages, or expenses arising from your use of our services or violation of these Terms.
Governing Law and Dispute Resolution
  1. These Terms shall be governed by and construed in accordance with Texas law.
  2. Any disputes arising from these Terms shall be resolved through arbitration in accordance with the rules of Texas Arbitration Mediation Services (TAMS).
Miscellaneous
  1. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
  2. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
  3. These Terms constitute the entire agreement between you and Spaces Hosting regarding our services.

By using Spaces Hosting services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

Fee Schedule

  1. Payment-Related Fees
    • Late Payment Fee: 5% of the outstanding balance or $10, whichever is greater
    • Returned Payment Fee: $25 per occurrence
    • Manual Processing Fee: $10 per occurrence
    • Account Reactivation Fee: $25
  2. Domain-Related Fees
    • Domain Transfer Out Fee: $15 per domain
    • Domain Renewal Late Fee: $10 (if renewed within 30 days after expiration)
    • Domain Redemption Fee: $80 (if renewed 30-60 days after expiration)
  3. Contract-Related Fees
    • Early Termination Fee (for annual contracts): 20% of the remaining contract value
    • Plan Downgrade Fee: $25 (waived if downgrading at renewal)
  4. Support and Service Fees
    • Expedited Support Fee: $50 per incident
    • After-Hours Emergency Support Fee: $100 per hour (for non-Orbit plan customers)
    • Data Restoration Fee: $50 per incident (for restorations beyond our standard backup policy)
  5. Resource Overage Fees
    • Bandwidth Overage: $0.10 per GB over plan limit
    • Storage Overage: $0.20 per GB over plan limit
    • Email Storage Overage: $0.15 per GB over plan limit
  6. Additional Services Fees
    • Website Migration Fee: $99 per website (first migration free)
    • Custom SSL Certificate Installation: $50 (if not using our provided SSL)
    • Malware Removal: $150 per incident
  7. Administrative Fees
    • Printed Invoice Fee: $5 per invoice
    • Account Ownership Transfer Fee: $25
  8. Refund Processing Fee
    • Refund Processing: $10 (deducted from refunded amount, if applicable)
  9. Non-Payment and Account Termination Related Fees
    • Late Payment Fee: 5% of the outstanding balance or $10, whichever is greater (Applied after the 5-day grace period)
    • Account Suspension Fee: $0 (Accounts may be suspended 5 days after the payment due date)
    • Account Reactivation Fee: $25 (To restore services for a suspended account)
    • Data Retention Fee: $50 per month (Optional; to retain data for up to 30 days after account termination)
    • Account Reinstatement Fee: $50 (For reinstating services after account termination, in addition to any outstanding balances)

Effective Date: June 25, 2024

  1. All fees are in US Dollars (USD) and are non-refundable unless otherwise stated.
  2. Spaces Hosting reserves the right to waive any fee at its discretion.
  3. Fees are subject to change with 30 days’ notice.
  4. Some fees may not apply to all service plans. Please refer to your specific plan details.
  5. Orbit plan customers are exempt from Expedited Support and After-Hours Emergency Support fees.

For any questions regarding this Fee Schedule, please contact our billing department at billing@wildmonkeybrand.com.