Spaceweb Technologies Website Hosting Terms and Conditions
Version: 1 September 2018 Release 2
This Hosting Agreement governs your purchase and use, in any manner, of all Web site hosting, ordered by you and accepted by Spaceweb Technologies and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. Spaceweb Technologies reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Spaceweb Technologies may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Spaceweb Technologies's posting of any changes or modifications will constitute your acceptance of such changes or modifications.
1. Payment. As consideration for Spaceweb Technologies providing the Hosting Services hereunder, Customer agrees to pay Spaceweb Technologies the aggregate monthly fee based on the monthly hosting services and the terms selected. Services are on a pre-paid basis and must be paid on or before the 1st of each month.
2. Provision of Services. Spaceweb Technologies will provide Customer with the Services ordered that are described in the Hosting Package Features. Customer understands and agrees that Spaceweb Technologies will host and create the Web site solely in accordance with the information provided by Customer.
3. Rights to the Web Site and Content. With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. "Customer Content" means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to Spaceweb Technologies. "Third-Party Materials" means any content, software, or other computer programming material that is owned by an entity other than Spaceweb Technologies, and licensed by Spaceweb Technologies or generally available to the public, including Customer, under published licensing terms, and that Spaceweb Technologies will use to display or run a Web site. Spaceweb Technologies owns the rights to the design of the web site. If a customer stops paying the monthly fee for the web site upon cancellation the customer is not entitled to use the web site for any purposes whatsoever.
4. Limited License to the Background Technology. "Background Technology" means computer programming/formatting code or operating instructions developed by or for Spaceweb Technologies and used to host or operate the Web site or a Web server in connection with a Web site. Background Technology includes, but is not limited to, any files necessary to make forms, buttons, checkboxes, and similar functions and underlying technology or components, such as style sheets, animation templates, interface programs that link multimedia and other programs, customized graphics manipulation engines, and menu utilities, whether in database form or dynamically driven. Background Technology does not include any Customer Content. Customer may not duplicate or distribute any Background Technology to any third party without the prior written consent of Spaceweb Technologies. All rights to the Background Technology not expressly granted to Customer hereunder are retained by Spaceweb Technologies. Without limiting the foregoing, Customer agrees not to reverse-engineer, reverse-assemble, decompile, or otherwise attempt to derive any source code of the Background Technology, except as allowed by law.
5. Limited License to Content. Customer hereby grants to Spaceweb Technologies the limited, non-exclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify, and otherwise use and exploit Web site, any Customer Content, or any Customer Marks provided to Spaceweb Technologies hereunder, solely for the purpose of rendering Spaceweb Technologies' Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose and will terminate automatically upon termination of this Agreement for any reason.
6. Content Standards. Customer agrees not to provide Customer Content, and Spaceweb Technologies will not intentionally provide to Customers any content, that (a) infringes on any third party's intellectual property or publicity/privacy rights; (b) violates any applicable law or regulation; (c) is defamatory, violent, clearly harmful, or obscene or pornographic or infringes on citizens' rights; or (d) contains any viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information. If Customer is international, then Customer agrees to comply with all applicable local and national laws. Spaceweb Technologies reserves the right to refuse any other subject matter it deems inappropriate.
7. Support. Spaceweb Technologies agrees to provide reasonable technical support by email to Customer during Spaceweb Technologies's normal technical support hours. Spaceweb Technologies will provide customer support by telephone if the customer purchased telephonic support time.
8. Term and Termination. (a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) Spaceweb Technologies may terminate this Agreement after five (5) days' written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, Customer will pay Spaceweb Technologies for all Services provided to Customer by Spaceweb Technologies prior to termination. Sections 2, 3, 4, 5, 10 and 11will survive termination of this Agreement.
9. Warranty Disclaimer. Except as expressly provided in this Agreement, the Services are provided "as is," and Spaceweb Technologies expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that Spaceweb Technologies will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by Spaceweb Technologies to a Customer will be deemed accepted when delivered.
10. Indemnity. (a) Customer Indemnity. Customer will defend Spaceweb Technologies against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section . Subject to Section 11, Customer shall indemnify Spaceweb Technologies for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Spaceweb Technologies as a result of any such third-party claim, action, suit, or proceeding. (b) Spaceweb Technologies' Indemnity. Spaceweb Technologies will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, Spaceweb Technologies shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit, or proceeding. (c) Mechanics of Indemnity. The indemnifying party's obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party's expense.
11. LIMITATION OF LIABILITY. SPACEWEB TECHNOLOGIES LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO SPACEWEB TECHNOLOGIES DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. SPACEWEB TECHNOLOGIES SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF SPACEWEB TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, SPACEWEB TECHNOLOGIES WOULD NOT ENTER INTO THIS AGREEMENT.
At SPACEWEB TECHNOLOGIES, your privacy is our priority. We are committed to protecting your privacy at all times, in all situations. The information we collect about you when you become a member is used to process your orders and to provide a more personalized experience on our site. However, SPACEWEB TECHNOLOGIES do not guarantee complete security on stored information, however, we have taken preventative actions to prevent stolen information.
How Do We Use the Information We Collect?
When you become a SPACEWEB TECHNOLOGIES member, we ask you to fill out a form that requests your name, address and e-mail address as well as some demographic information such as gender and date of birth.
WWW.SPACEWEB.CO.ZA will NOT share data with trusted partners to help us perform statistical analysis.
Your name and address information is used solely to process orders unless your prior consent is given. Without your consent, this information will NEVER be sold, given, rented or traded to others for purposes other than order fulfillment.
Your demographic information (gender, date of birth, etc.) will be used for several security purposes, to ensure you are who you say you are and in fact you are paying with your credit cards and not someone using your stolen credit cards.
If you choose to use our referral service to tell a friend about our site, we will ask you for your friend's name and email address. We will automatically send your friend a one-time email inviting him or her to visit the site. WWW.SPACEWEB.CO.ZA does not store this information and uses it for the sole purpose of sending this one-time email.
Our Use of Log Files
When you visit our site we automatically log your IP address, your browser type and your access times. We utilize this information to conduct site performance evaluations, to see where visitors are coming from and to keep track of click stream data (the screens our users visit on our site). This data helps us to determine what content our members find most appealing so that we can maximize your enjoyment of the site. Log files are not tied to personally identifiable information.
All WWW.SPACEWEB.CO.ZA employees take your personal information very seriously. All employees must learn and obey our security policies. Access to member personal information is limited to key management personnel and our member services department. The information is ID and password protected and our Web security is reviewed on a monthly basis.
Correcting/Updating Your Personal Information
After becoming a WWW.SPACEWEB.CO.ZA subscriber you may correct/update your personal information by completing the registration form. The changes you make will reflect within 24 business hours. You will receive a confirmation email.
Links To Other Sites
From time to time we may send out email messages alerting you that products are available, to remind you about providing feedback or for promotional offers. In addition, you will receive communication from us 1) if you contact us for a particular reason, 2) to receive your orders, or 3) we need to contact you for administrative purposes such as winning a contest. Administrative e-mails will not contain promotional materials. If you choose to receive our News Letters, they will contain promotional materials from WWW.SPACEWEB.CO.ZA.
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site
We may correct or supplement your address information with standardized postal representation in order to ensure that your orders are delivered. We do this since we want to make sure that our members receive the order and to lower costs associated with our programs.
Periodically, contests are run on our site. Sometimes contests are sponsored by our customers. To enter these contests you need only to enter your ID and password and your guess. At the time of entry, you may decide if you wish to have your first name and state posted on our site if you are the winner. Winner’s names are NEVER shared with our customers without their consent.
Cookies are pieces of information that your browser stores on your computer's hard drive which identify you when you enter. The ability to select samples on our site is not cookie-driven. We may use session cookies to provide a seamless experience on the site and to combine with our log files so that we can understand our site traffic and analyze our demographic information in aggregate form. If you have set your browser to reject cookies, our site will not identify you when you enter and you will need to manually type in your ID and password.
Your Feedback is Always Welcome