PLEASE READ THESE TERMS OF SERVICE (THESE “TERMS”) CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.

Unless expressly noted otherwise, these Terms incorporate and supersede any other terms associated with the files and applications available on the domain www.gospacecraft.com, its sub-domains, and any international counterparts and sub-domains, as well as affiliated domains and sub-domains (the “Site”) operated by SpaceCraft, Inc. (“SpaceCraft,” “we,” or “us”).

Pursuant to the following Terms, SpaceCraft offers you a variety of online products and services, including content, communication tools and forums, and online and downloadable applications, software, services, websites or any of their licensees’ services or software (collectively, the “Services”). By using, accessing, or attempting to interact with the Services in any way, you are agreeing to comply with and be bound and abide by these Terms, which we may change at any time in our sole discretion without notice, with the revised Terms taking effect for all users as of the date stated on such posting. You waive any right you may have to receive specific notice of such changes or modifications. Consequently, you should consult the Terms regularly. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. If you do not agree to the amended Terms, you must stop using the Services, including, without limitation, this Site, in any way. You must be at least 18 years old and competent to enter into a contract to use the Services.

A. User Sites

Through SpaceCraft, users are enabled to create and publish web sites that are hosted by SpaceCraft (“User Sites”). SpaceCraft does not approve or control such User Sites and has no duty to routinely review or monitor such User Sites. In addition, you understand and acknowledge that your business dealings, correspondence or interactions with any User Site and any terms, conditions, warranties or representations associated with such dealings or interactions are solely between you and the operator of such User Site. THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT SPACECRAFT IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR, AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING, THE CONTENT, FUNCTIONALITY, BUSINESS, LEGALITY, ACCURACY, COMPLETENESS, QUALITY, RELIABILITY, SECURITY, USEFULNESS OR PRACTICES OF ANY USER SITES OR FOR ANY DEALINGS WITH OR TRANSACTIONS CONDUCTED ON OR IN CONNECTION WITH ANY USER SITE. The hosting of any User Site does not imply endorsement or sponsorship by SpaceCraft or any association or affiliation with its operators or the content, business or operation of the User Site, and if you create any User Site, you may not do anything to imply any such endorsement, sponsorship, association, affiliation or relationship with SpaceCraft. YOU USE AND INTERACT WITH SUCH USER SITES AT YOUR OWN RISK. You may not use the name, logo or other trademarks of SpaceCraft to imply any sponsorship, affiliation or relationship between you and SpaceCraft other than that SpaceCraft is hosting your User Site.

B. SpaceCraft Services

In addition to hosting User Sites, SpaceCraft offers various online applications as a part of the Services, including, without limitation, web site development tools and web applications operated and hosted by SpaceCraft to enable you to create and publish web sites (hereafter referred to as the “SpaceCraft Toolkit”). The user of the SpaceCraft Toolkit will be known as the “User” or “you.” The Services also include web hosting services for the web sites you create through the Site.

1. General Overview

   1. You agree that the Services, including all software and documentation, both electronic and printed media, contain copyrighted material, trade secrets, patent pending material, and other proprietary intellectual property. The Services are the proprietary property of SpaceCraft or its licensors. They are protected by copyright, trade secret, and patent laws, and other proprietary rights and laws, and they may only be used or accessed as specifically provided for in this Agreement.

   2. You agree that you will only use the Services if you are a person over 18 years of age.

   3. You agree that you will not store, copy, modify, rent, lease, loan, sell, distribute, transfer, transmit, display, reverse engineer, reverse assemble, or otherwise attempt to discover any programming code or any source code used in or with the Services. You may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Services (which includes its software and documentation), create derivative works based on or in any manner commercially exploit the Services, in whole or in part.

   4. You agree that violations by you or by any other person or entity of these copyrights, trade secrets, patents, other intellectual property protections, or these Terms will be prosecuted to the fullest extent of the law in the federal and state courts located in Travis County, Texas.

   5. The Services are offered on an “as is” basis and used by the User solely at his or her own risk. All user-specific information provided by User in connection with Services shall be used to provide services and features to the User and to maintain the associated websites.

2. Use

   1. SpaceCraft DOES NOT ALLOW any of the following content, or LINKS TO SUCH CONTENT, to be published on or through the Services or the Site:

      1. Pornographic, sexually explicit, or violent content.
      2. Illegal content (including stolen copyrighted material).
      3. Content related to illegal activities or businesses.
      4. Pirated software sites, including cracking programs or cracking program archives.
      5. Content with the sole purpose of causing harm or inciting hate, or content that could be reasonably considered as slanderous or libelous.

      Users posting any of the above content on their sites, as determined in Spacecraft’s sole discretion, will be notified using User's current email address on file with Spacecraft, and given a 48 hour grace period to make any corrective actions. If no corrective actions are taken, SpaceCraft will suspend the services of the member account until a resolution is met between SpaceCraft and the User. A repeated violation of this Policy may cause cancellation of service without refund of any fees.

   2. In addition, SpaceCraft does not allow any of the following:

      1. Users may not use the Services as a remote storage server only. Users deemed to be using SpaceCraft solely as a remote storage server will have their account immediately terminated without notice and will have all files associated with their account permanently removed.
      2. Users may not access the Services through automated methods. Use of robots or other computer code which calls the Services, except where explicitly allowed, is absolutely forbidden.
      3. Users must exercise caution when hosting large downloads (>10MB). SpaceCraft reserves the right to refuse to host any large downloadable files.
      4. Users may not send unsolicited messages (also known as junk mail or SPAM) to promote any website published using the Services.
      5. Users are not permitted to knowingly allow another website or hosting server to link to content files stored on SpaceCraft's servers.

      The final choice of whether an account is in violation of any of these policies is at the sole discretion of SpaceCraft. Violation of any of these policies may result in tracking information being stored to identify the offending user, and permanent restriction from holding an account.

3. Fees

   During registration, User will purchase either a month-by-month or twelve (12) month contract with SpaceCraft, possibly including additional details as described on the SpaceCraft pricing page or any other custom creative services offered to the User. At the end of the purchased contract term, the contract will automatically renew indefinitely until explicitly cancelled by the User or otherwise terminated in accordance with Section 11 below. Cancellation must be issued via the SpaceCraft website or a phone call to the number provided here. Any cancellation must be requested at least 72 hours prior to the end of the contract term in order to not be charged in advance for following month or twelve (12) months.

4. Refund and Chargeback Policy

   If a refund is permitted SpaceCraft will not, under any circumstances, issue cash refunds for any contract cancellation. All refunds will be issued to credit card information on file at time of cancellation. All SpaceCraft accounts begin with an obligation-free trial, which will allow you to evaluate the service for 14 days. No credit card information is collected to initiate a trial account, and charges will be accepted in full amount of purchase at time of activation. In the case of an annual contract, payment is collected on day of activation for one-year in advance. In the case of the Website Setup Bundle or any other creative services offered, the customer will receive only the fee for the creative services if cancellation is requested within 10 business days of activation. No partial monthly fee will be refunded. Upon cancellation or termination, the User Site will be taken down in its entirety immediately at the request of the User or at the end of the subscription period. The User will receive the site content in a format decided upon solely by SpaceCraft. All sale prices are completed at whichever price, sale, promotion or offer is applicable at time of purchase. Future or past prices, sales, promotions or offers are in no way applicable in any circumstance. Refunds, if granted, will be only at price of particular sale being refunded. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will immediately credit your account or credit card account for the appropriate amount. If you dispute a credit card payment that is found to be valid, Spacecraft has the right, in its sole and absolute discretion, to terminate your account and these Terms and permanently bar you from use of the Service. Any past due fees and costs will be sent to collections. If our collection efforts fail, unpaid debts will be reported to all available credit reporting agencies.

5. License Grant

   1. Only for the duration of being logged into the User's valid SpaceCraft account, the User is hereby granted, during the contract term for which User has paid the applicable fees, a non-exclusive, non-transferable temporary and revocable license, subject to these Terms and any qualifications contained herein, to use the Services only on the single computer that temporarily accesses the Services directly from the Site. This license is limited and non-sublicensable intended solely for the purpose of accessing and using the Site and the SpaceCraft Toolkit in connection with the creation of web sites hosted on this Site. The Site and the SpaceCraft Toolkit are licensed from the owner SpaceCraft, Inc., a Texas corporation located at 800 West 5th Street, Suite 100A, Austin, Texas 78703 subject to your acceptance of these Terms.
   2. A valid SpaceCraft account may only be created and maintained by a User who fully provides valid personal information about the User in the registration process. To maintain a valid account, the User must regularly update such information to assure its accuracy, and the User must always comply with these Terms.
   3. The User is not granted a license or any other right to store any of the Services (including any portion of the software or documentation) on any computer or other device, or copy or otherwise use such information to create derivative works.
   4. This license is subject to these Terms and does not include: (a) any resale or distribution of the Site, the Services or the SpaceCraft Toolkit; (b) modifying or otherwise making any derivative uses of the Site, the Services and the SpaceCraft Toolkit, or any portion thereof; (c) use of any data mining, robots or similar data gathering or extraction methods; (d) downloading (other than the page caching) of any portion of the Site, the Services or the SpaceCraft Toolkit except as expressly permitted on the Site; or (e) any use of the Site, the Services or the SpaceCraft Toolkit other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of SpaceCraft, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
   5. You assume responsibility for the selection of the Site, the Services and the SpaceCraft Toolkit to achieve your intended results, and for the installation, use, and results obtained therefrom. SpaceCraft reserves the right to modify, suspend or discontinue the Site or the SpaceCraft Toolkit with or without notice at any time and without any liability to you.
   6. You must be at least 18 years of age to create an account and to use the Site, the Services and the SpaceCraft Toolkit. By registering, you represent and warrant to us that you are 18 years of age or over. Should SpaceCraft be notified or otherwise become aware that you are under 18 years of age, SpaceCraft reserves the right to terminate your account and this license and to refuse service to you at any time with or without notice.
   7. SpaceCraft reserves the right to refuse service to anyone at any time with or without notice for any reason.

6. Ownership

   You acknowledge that SpaceCraft or its licensors own all right, title, and interest in and to the Site, the Services, the SpaceCraft Toolkit and/or any content on the Site not posted by a SpaceCraft User and/or an acknowledged third party, including all intellectual property rights (the “SpaceCraft IP”). SpaceCraft IP is protected by United States of America and international intellectual property laws. All rights not expressly granted in these terms are expressly reserved. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Site or SpaceCraft IP. You also agree that you will not use any robot, spider, other automated device or manual process to monitor or copy any content from the Site or SpaceCraft IP. You may not use any metatags or any other "hidden text" utilizing "Spacecraft" or any other name, trademark or product or service name of Spacecraft without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Spacecraft or its licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. You warrant that you have the right to use the trademarks, processes, or other materials you use with the Services, if any, and that your content does not infringe the intellectual property rights of any third party, including, without limitation, any copyrights, trademarks or patents.

7. Indemnification of SpaceCraft

   You agree to hold harmless and indemnify SpaceCraft and its subsidiaries, affiliates, clients, officers, directors, agents and employees from and against any third party claim arising from or in any way related to your use of the SpaceCraft Toolkit, the Services and/or the Site, including, without limitation, any liability or expense arising from all claims, losses, damages (actual or consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature, including, without limitation, claims relating to the infringement of intellectual property rights, asserted against them, that may arise or result from any Services provided or performed or agreed to be performed or any product used or sold by or to User, its agents, employees or assigns. User shall defend, indemnify and hold harmless SpaceCraft (including its subsidiaries, affiliates, clients, officers, directors, agents and employees) against any and all liabilities caused directly or indirectly by the User or any person who the User allows to access the Services.

8. Limited Warranty

   SPACECRAFT MAKES NO WARRANTY, EXPRESS OR IMPLIED, THAT THE SITE, THE SERVICES, THE SPACECRAFT TOOLKIT OR ANY USER SITES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR FREE. THE SITE, THE SERVICES, AND THE SPACECRAFT TOOLKIT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, THE SERVICES AND THE SPACECRAFT TOOLKIT IS WITH YOU. SHOULD ANY OF THE FOREGOING PROVE DEFECTIVE, YOU (AND NOT SPACECRAFT, ITS PARENT, SUBSIDIARIES, AFFILIATES OR LICENSORS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

9. Liability

   1. Under no circumstances, including negligence, shall SpaceCraft (including its subsidiaries, affiliates, clients, officers, directors, agents and employees) or anyone else involved in creating, producing or distributing SpaceCraft services be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to SpaceCraft records, programs or services. This paragraph shall apply to all content and functionality of the Services.
   2. Notwithstanding the above, User's exclusive remedies for all damages, losses and causes of actions whether in contract or tort, including negligence, gross negligence or otherwise, shall not exceed the aggregate dollar amount which User paid directly to SpaceCraft during the current month.
   3. Such limitations shall apply to SpaceCraft total liability, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation of transmission, communications failure, theft of destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

10. Terms & Termination

    1. These Terms shall remain in effect during the contract term purchased by User as described in Section 3, unless earlier terminated pursuant to this Section 11. These Terms may be terminated by either party upon written notice to the other party if such a party (i) fails to comply with any of the terms and conditions of these Terms, and (ii) fails to cure such breach within thirty (30) days after receiving written notice of such breach. Notwithstanding the foregoing, in the event a party commits a breach of the same material term or condition for which notice of breach had been given during the previous twelve (12) month period, the other party shall have the right to terminate these Terms immediately upon written notice to the party in breach. Each party’s right to terminate shall be in addition to any equitable remedies available to such party. Either party shall also have the right to terminate these Terms immediately if the other party files for liquidation under Chapter 7 of U.S. bankruptcy law.
    2. Upon termination of these Terms for any reason, User shall discontinue all use of the Service.
    3. The provisions of Sections 3, 4, 7, 8, 9, 10 and 11 of these Terms shall survive the termination of these Terms for any reason, as well as any payment obligations incurred prior to termination.

11. Miscellaneous

    1. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and the United States of America, and you hereby consent to Travis County, Texas being the exclusive jurisdiction and venue of courts in all disputes arising out of or relating to the use of the SpaceCraft Toolkit, the Site or the Services. Use of the SpaceCraft Toolkit, the Site or the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
    2. You agree that no joint venture, partnership, employment, or agency relationship exists between you and SpaceCraft as a result of this agreement or use of the SpaceCraft Toolkit.
    3. The performance of SpaceCraft per this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the right to comply by SpaceCraft with governmental, court and law enforcement requests or requirements relating to your use of the SpaceCraft Toolkit or information provided to or gathered by SpaceCraft with respect to such use.
    4. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
    5. Unless otherwise specified herein, this agreement constitutes the entire agreement between the User and SpaceCraft with respect to the Site, the Services and the SpaceCraft Toolkit and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and SpaceCraft with respect to the SpaceCraft Toolkit.
    6. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.