Spacial Hosting Acceptable Use Policy ("AUP") is provided to offer our clients and users a clear understanding of what Spacial Hosting expects of our members/customers while using our services. All users of Spacial Hosting services: those who access some of our services but do not have accounts, as well as those who pay a service fee to subscribe to the services, must comply with this policy.

Use of Spacial Hosting services constitute acceptance and agreement to Spacial Hosting AUP as well as Spacial Hosting TOS (Terms of Service) Spacial Hosting supports the uncensored flow of information and ideas over the Internet medium and does not actively monitor subscriber activity under normal circumstances. Moreover, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP.

Spacial Hosting will cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of your Spacial Hosting account WITHOUT PRIOR NOTICE.

Spacial Hosting stresses the following points:
  • Ensure reliable service to our customers.
  • Ensure security and privacy of our systems and network, as well as the networks and systems of others.
  • Comply with existing laws.
  • Maintain our reputation as a responsible service provider.
  • Encourage responsible use of the Internet and discourage activities, which reduce the usability and value of Internet services.
  • Preserve the value of Internet resources as a conduit free expression and exchange of information.
  • Preserve the privacy and security of individual users, we do not submit any information to third parties.
Unacceptable activities:
  • Spamming (sending unsolicited advertising to those with which the customer has no existing business relationship).
  • Posting off-topic advertising in newsgroups/Usenet.
  • Spoofing (using a return e-mail address which is not the valid reply address of the sender or sending an e-mail message which does not contain enough information to enable the recipient to identify the party who is really sending the message).
  • Passive spamming Spacial Hosting by spamming from some other source.
  • Trolling (posting controversial messages in newsgroups to generate responses).
  • Mail bombing (inundating a user with e-mail without any serious intent to correspond).
  • Prohibited Content (Including but not limited to IRC activity, adult content, and warez).
  • Generating a higher volume of outgoing mail than a normal user (over 10% of available system resources).
  • Subscribing someone else to an electronic mailing list without that person's permission.
  • A message is considered unsolicited if it is posted in violation of a newsgroups charter or sent to a recipient who has not requested the message.
  • Making an e-mail address available to the public does not constitute a request to receive messages.
  • Distribution of mass e-mailing programs is also prohibited. All recipients on a mailing list must have personally subscribed.
  • Mailing lists may not be used to distribute unsolicited e-mail.
  • Any customer repeatedly "mail bombed" or that attracts such behavior will be asked to leave.
Abuse of Spacial Hosting server resources, running programs in the background on Spacial Hosting server without Spacial Hosting's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more than 1000 e-mails a day and the like are not acceptable uses of Spacial Hosting servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds ten percent (10%) of system resources, your account may be terminated immediately and without prior notice, or suspended.

As a member of our network community, you must use your Internet access responsibly. If you have any questions regarding this policy, please contact us at Admin@spacialhosting.com.

Violations of Acceptable Use Policy:

The following constitute violations of this AUP:
  • Illegal use: Spacial Hosting services may not be used for illegal purposes, or in support of illegal activities. Spacial Hosting reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrong doing.
  • Harm to minors: Use of the Spacial Hosting services to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. Violations of the Child Protection Act may be reported to the U.K.
  • Threats: Use of the Spacial Hosting services for transmitting any material (by e-mail, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
  • Harassment: Use of the Spacial Hosting services to transmit any material (by e-mail, uploading, posting, or otherwise) that harasses another.
  • Fraudulent activity: Use of Spacial Hosting service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."
  • Hacking/Cracking: Spacial Hosting, reserves the right to report illegal activities to any regulatory, administrative, and/or governmental authorities for prosecution. The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies, please contact Support@spacialhosting.com.
  • Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network. Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, web bots, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as egg drop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.
Unauthorized access:

Use of the Spacial Hosting service to access, or to attempt to access the accounts of others, or to penetrate, or attempt to penetrate security measures of Spacial Hosting or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Spacial Hosting account is subject to immediate termination.

Copyright or trademark infringement:

Use of the Spacial Hosting service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Collection of personal data:

Use of the Spacial Hosting service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

Abuse of the law:

Spacial Hosting services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG's, ZIP, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person, threatening bodily harm or damage to individuals or groups; violating U. K. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.

Spacial Hosting reserves the right to check system files, e-mail, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

Copyright Infringement - Software Piracy Policy:

The Spacial Hosting network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data, or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute, or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, your account may be suspended or terminated immediately, and you may also face charges from the appropriate authorities.

Network disruptions and unfriendly activity:

Use of the Spacial Hosting service for any activity, which affects the ability of other people or systems to use Spacial Hosting Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Spacial Hosting will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud:

Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right:

Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses:

Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offence will result in the immediate termination of the offending account.

Inappropriate Use of Software:

Use of software or any device that would facilitate a continued connection, i.e. pinging, while using Spacial Hosting services could result in suspension service.

Third Party Accountability:

Spacial Hosting subscribers will be held responsible and accountable for any activity by third parties, using their account that violates guidelines created within the Acceptable Use Policy.

Security:

You are responsible for any misuse of your account, even if a friend, family member, guest, or employee committed the inappropriate activity. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
  • Your password provides access to your account. It is your responsibility to keep your password secure.
  • Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
  • Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service.
  • You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
  • You may not attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
  • You may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
  • Users who violate systems or network security may incur criminal or civil liability. Spacial Hosting will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Backups:

It is the clients' responsibility to maintain backups of their web content. If loss of data occurs due to an error Spacial Hosting, Spacial Hosting will attempt to recover the data at no charge to the client, but Spacial Hosting will not be responsible if the files cannot be recovered.

Network Performance:

Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner results in impaired network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, hard disk space and session time. You may not use resource-intensive programs, which negatively affect other customers or the performances of Spacial Hosting systems or networks. Spacial Hosting reserves the right to terminate or limit such activities.

Acceptable Use Policy Amendments and Changes:

Spacial Hosting reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

Limitation of Liability:

Spacial Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Spacial Hosting servers going off-line or being unavailable for any reason whatsoever. Further, Spacial Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Spacial Hosting servers. All damages shall be limited to the immediate termination of service. Spacial Hosting shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Spacial Hosting reserves the right to terminate an account at any time and for any reason that causes harm to any Spacial Hosting customer's web site's. Spacial Hosting reserves the right to delete all content and files upon termination. Spacial Hosting reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Spacial Hosting reserves the right to refuse, cancel, or suspend service at our sole discretion. Spacial Hosting reserves the right to change prices at any time without prior notification. Spacial Hosting reserves the right to change the Acceptable Use Policy without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent. Violations of these Acceptable Uses Policies should be referred to Abuse@spacialhosting.com.

Spacial Hosting Service Level Agreement ( SLA )

Spacial Hosting is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA), which provides certain rights and remedies regarding the performance of the Spacial Hosting network. The Spacial Hosting Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of Spacial Hosting web hosting, reseller.

Uptime Guarantee:

Spacial Hosting strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by Spacial Hosting monitoring systems or Spacial Hosting authorized/contracted outside monitoring services. If Spacial Hosting fails to meet its 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case-by-case basis. Spacial Hosting does not credit a full month's service for minor downtime. This would not be financially healthy for Spacial Hosting, and in turn would only negatively affect the service level Spacial Hosting provides to you. "Partial refunds for partial downtime" is our standard policy. In extreme circumstances, Spacial Hosting may distribute full month credits, but this is dealt with on a case-by-case basis. Details on how credit amounts are calculated can be found below.

Exceptions:

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Spacial Hosting network caused by or associated with:
  • Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (i.e... fire, flood, earthquake, tornado, etc..), strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement.
  • Telco Failure (i.e... Verizon™ cutting a fibre line somewhere).
  • Backbone peering point issues (i.e... UUNet™ having a router go down in Virginia that wipes out internet service for the entire East Coast).
  • Scheduled maintenance for hardware/software upgrades.
  • Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). Spacial Hosting utilizes only name brand hardware of the highest quality and performance.
  • Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime)
  • DNS issues not within the direct control of Spacial Hosting.
  • Network floods, hacks, attacks from outside parties or individuals.
  • Failure or error of any Spacial Hosting monitoring or measurement system.
  • Client's acts or omissions, including without limitation, any negligence, wilful misconduct, or use of Spacial Hosting service(s) in breach of Spacial Hosting Policy and Service Guidelines (AUP), by Client or others authorized by Client.

Measurement:

Spacial Hosting will periodically (on average every 30 minutes) monitor Spacial Hosting network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that such measurements may not measure the exact path traversed by Client's internet connection, and that such measurements constitute measurements across the Spacial Hosting network but not other networks to which Client may connect. Spacial Hosting reserves the right to periodically change the measurement points and methodologies it uses without notice to Client. Full network and server reporting will be posted to a location designated by Spacial Hosting and made available to Client.

Hardware Failure:

Spacial Hosting stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Spacial Hosting utilizes only name brand hardware of the highest quality and performance. Spacial Hosting will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site Cisco™ engineers or backbone provider emergency personnel to correct the problem. Router failure is governed by current Spacial Hosting contracts with Cisco™ and backbone providers about the emergency repair service in case of such an issue. Spacial Hosting will replace all faulty hardware on dedicated servers (rented or leased servers), at no charge to the Client, with an unlimited free replacement policy. This includes parts ordered as upgrades. Spacial Hosting will replace all faulty hardware on all non-purchased dedicated and wireless access customer premise equipment, at no charge to the Client, unless equipment has been tampered with, or damage is caused by direct neglect/action(s) of Client.

General:

Spacial Hosting reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA , Spacial Hosting makes no claims regarding the availability or performance of the Spacial Hosting network or servers. The specific Service Agreement signed/agreed by client may adjust specific terms/points of this SLA on a case-by-case basis. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement signed/agreed by client, is beyond this SLA , and Service Agreement terms are in affect, including, but not limited to, limitations of liability.

Billing inquiries:

Please e-mail our billing department with your admin login [not your password], domain name and state what package or service it is. If you are a reseller or part of the private label service, please specify this.

Canceling any service?:

Send an e-mail to our billing department (Billing@spacialhosting.com), with your domain name in the subject line and include any pertinent information so that we may locate your account information in order to avoid any possible delays. We will then confirm with you via e-mail to the primary account that is registered with us. Please note, Spacial Hosting requires that all Spacial Hosting requests be made as soon as possible, we will not refund any already paid money. Once you have canceled either via email, you will have 24 hours after your next payment is due to download a backup of your site before we terminate the account.

Special Deals Refund Policy :

Refunds for a Special Deal package will only be given if one of the following is met :

1) Service is not given
2) Package does not contain a domain name
3) Package was purchased or renewed less than 4 days ago
4) You have no outstanding bills with Spacial Hosting.

To claim for a re-imbursal please contact the support teams(Support@spacialhosting.com) who will arrange to have the money refunded.

 
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