SPACE9X SERVICE AGREEMENT
1. DEFINITIONS
1.1. Space9X: Refers to Space9X IT Services the provider of hosting services.
1.2. Client: Refers to the individual or entity entering into this Agreement with Space9X.
2. AGREEMENT
This Agreement is made effective as of 15-10-2023, by and between Space9X and the Client.
3. SPACE9X SERVICES
3.1. Services Provided: Space9X agrees to provide the Client with hosting services, as specified in the Space9X customer database available at www.Space9X.com.
4. PAYMENT AND INVOICING
4.1. Payment Obligations: In consideration of the services provided, the Client shall pay Space9X the amount outlined in the Space9X customer database for the selected services.
4.2. Client Responsibilities: The Client is responsible for all activities, charges, and fees incurred in connection with the use of the services.
4.3. Fee Changes: Space9X reserves the right to change fees and institute new fees or trial offers at any time.
4.4. Renewals: Hosting services renew automatically, and the client may opt out of automatic renewals by contacting Space9X's Billing department.
5. RESPONSIBILITIES AND RIGHTS
5.1. Means of Performance: Space9X shall provide hosting services as described at www.Space9X.com, with the right to control and direct the means, manner, and method by which the services are performed.
5.2. Support: Space9X shall provide a reasonable level of technical support to the Client via email or LiveChat.
5.3. Uptime Guarantee: Space9X guarantees a networking and services connectivity uptime of 99.99% on an annual basis. Compensation for downtime is outlined in the Agreement.
5.4. Other Work: Space9X has the right to perform and license products to others during the term of this Agreement.
6. RESPONSIBILITIES AND RIGHTS OF CLIENT
6.1. Client Representations: The Client represents that they are at least eighteen years old, possess the legal right and ability to enter into this Agreement, and will comply with all applicable laws.
6.2. Breach of Warranties: In the event of a breach of warranties, Space9X may, at its sole discretion, suspend or terminate services immediately.
6.3. Fees and Expenses: The Client shall be responsible for payment of all costs, fees, and expenses assessed by third parties in the course of being provided services.
6.4. Third-Party Software: The Client agrees to be bound by the terms of end-user licenses for third-party software available through the services.
6.5. Advertising, Solicitation, and Client Name Harvesting: The Client may not use the services for unsolicited advertising, and they may not harvest usernames without permission.
6.6. Management of Site: The Client is solely responsible for the content on their site and must comply with the Space9X Terms of Service.
6.7. Compliance Laws: The Client agrees to use the services only for lawful purposes and comply with all applicable laws and regulations.
6.8. Proprietary Rights: All work performed by Space9X is the property of Space9X, and the Client agrees to assign all rights to Space9X.
7. LIMITATION OF LIABILITY, NO OTHER WARRANTY, AND DISCLAIMER
7.1. Limitation: Limited guarantees are null and void if the Client fails to follow Space9X's Terms of Service or breaches the Agreement.
7.2. Backups: Space9X performs nightly backups, but these are not guaranteed. Clients are responsible for maintaining their backups.
7.3. No Other Warranty: Space9X disclaims all other warranties, including but not limited to, merchantability, fitness for a particular purpose, and non-infringement.
7.4. Disclaimer of Actions Caused by and/or Under the Control of Third Parties: Space9X disclaims liability for actions or inactions of third parties that may affect the Client's connections to the Internet.
8. INDEMNIFICATION
The Client agrees to indemnify, defend, and hold Space9X harmless from any claims arising out of the Client's violation of this Agreement.
9. TERMINATION
9.1. Without Cause: Either party may terminate the Agreement with at least five (5) days' prior email notice.
9.2. For Cause: Space9X may immediately terminate or suspend services for non-payment or the Client's breach of terms.
9.3. No Liability for Termination: Neither party shall be liable for any termination or expiration of services under the terms of this Agreement.
9.4. Survival: Certain provisions, including Sections 4, 5, 6, 7,
8, 9, and 10, shall survive termination.
10. GENERAL PROVISIONS
10.1. Assignment: The Client may not assign this Agreement without the prior written consent of Space9X.
10.2. Notices: All notices required or permitted by this Agreement shall be in writing and delivered by email.
10.3. Governing Law: This Agreement shall be governed by and construed under the laws of the State of Delaware.
10.4. Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements or understandings, oral or written.