Terms of Service

Last updated: 2016-04-07

The gist:

We (SpaceCP.net) run a server control panel service called SpaceCP.net and would love for you to use it. Our basic service is free, and we offer paid upgrades for advanced features such as multiple admins and more servers. Our service is designed to give you as much control and ownership over your server.

(Note, the below Terms of Service was made available under a Creative Commons Sharealike license by WordPress.com.)

Terms of Service:

The following terms and conditions govern all use of the SpaceCP.net website and all content, services and products available at or through the website, including, but not limited to, SpaceCP Premium (“Premium”) and the free version of SpaceCP at SpaceCP.net, (taken together, the Website). The Website is owned and operated by SpaceCP Ltd. (“SpaceCP”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, SpaceCP’s Privacy Policy) and procedures that may be published from time to time on this Site by SpaceCP (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by SpaceCP, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

  1. Your SpaceCP.net Account. If you create an account on the Website, you are responsible for maintaining the security of your account and your server, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the server. SpaceCP may change or remove any server that it considers inappropriate or unlawful, or otherwise likely to cause SpaceCP liability. You must immediately notify SpaceCP of any unauthorized uses of your server, your account or any other breaches of security. SpaceCP will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.

  2. Responsibility of Content. If you operate a server using the SpaceCP panel and make material available by means of said server (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:

    • the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

    • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;

    • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;

    • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;

    • your server is not presented in a manner that misleads your readers into thinking that you are another person or company; By running your server with SpaceCP, you do NOT grant SpaceCP any rights to the content on your server, nor will we access your server(s) without your approval. Without limiting any of those representations or warranties, SpaceCP has the right (though not the obligation) to, in SpaceCP’s sole discretion (i) refuse or remove any server that, in SpaceCP's reasonable opinion, violates any SpaceCP policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in SpaceCP’s sole discretion. SpaceCP will have no obligation to provide a refund of any amounts previously paid.

  3. Payment and Renewal.

    • General Terms. Optional paid services such as extra servers, or extra admins are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay SpaceCP the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
    • Automatic Renewal. Unless you notify SpaceCP before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.
  4. Intellectual Property. This Agreement does not transfer from SpaceCP to you any SpaceCP or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with SpaceCP. SpaceCP, XereoNet, SpaceCP.net, the SpaceCP logo, and all other trademarks, service marks, graphics and logos used in connection with SpaceCP.net, or the Website are trademarks or registered trademarks of SpaceCP or SpaceCP’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any SpaceCP or third-party trademarks.

  5. Advertisements. SpaceCP reserves the right to display advertisements on the panel unless you have purchased an Upgrade which provides an ad-free panel.

  6. Changes. We are constantly updating our services, and that means sometimes we have to change the legal terms under which our services are offered. If we make changes that are material, we will let you know by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you disagree with our changes, then you should stop using SpaceCP.net within the designated notice period. Your continued use of SpaceCP.net will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

  7. Termination. SpaceCP may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your SpaceCP.net account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

  8. Disclaimer of Warranties. The Website is provided “as is”. SpaceCP and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither SpaceCP nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. If you’re actually reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

  9. Limitation of Liability. In no event will SpaceCP, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to SpaceCP under this agreement during the twelve (12) month period prior to the cause of action. SpaceCP shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

  10. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the SpaceCP Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

  11. Indemnification. You agree to indemnify and hold harmless SpaceCP, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

  12. Translation. These Terms of Service were originally written in English (US). We may translate these Terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.