Site Design / Approval:

Spaceman Xpress hereby agrees to provide client with Xpress Website of client’s choice, from available layouts on posted on www.spacemanxpress.com. Billing shall be by valid credit card at the time of purchase at the fee set forth on our web site. Upon approval of credit card, client will be able to upload content for the site immediately or will receive a confirmation email with directions on how to upload. Once content has been uploaded, client will generally receive their website within 7 business days, depending on whether or not client’s name servers have been transferred to Spaceman Xpress’ hosting servers (primary: ns61.websitewelcome.com; and secondary: ns62.websitewelcome.com). Please Note: If client has not switched name hosting servers to Xpress servers, Spaceman Xpress cannot guarantee client’s site will be viewable online within that time period. (Click here (INSERT LINK TO PDF) for instructions on how to transfer name servers.) After the website is posted and viewable online, client may log in to their account any time to update text or email accounts at no charge.

Payment:

Unless otherwise set up as a Reseller with a Reseller Promotional Code, client shall pay a one-time fee of $399.00 for Xpress Web Design. Reseller hosting fees shall be billed directly to the Reseller and shall be paid according to the same terms as standard Xpress Clients. This price not include annual hosting fees beyond the 1st year or domain name registration fees.

Website hosting shall be paid on an annual basis. Domain Name Registration shall be paid on a term basis as requested by client, at purchase. After initial purchase of web hosting or domain name registration, at least 30 days prior to expiration of the term, Client shall receive an invoice via email to the account provided upon registration. It will be client’s obligation to log in to his or her account and pay the outstanding invoice via credit card in order to renew the hosting or domain name registration services.

If invoice is not paid in full by the expiration date, the Xpress Hosting account and the domain name will lapse and the website will be taken off the web. Xpress hosting for Spaceman Xpress Websites shall be $99.00 per year. Domain names registered through Spaceman Xpress shall start at $8.95 annually and will be invoiced according to the term purchased by client.

Spaceman Xpress currently accepts Visa, Mastercard, Discover and American Express. In lieu of processing the credit card online, client may contact Spaceman Xpress via telephone to purchase or renew services.

Spam:

Spaceman Xpress takes a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double optin" will be treated as spam. Any user who sends out spam will have their account terminated without notice and without a refund. Spaceman Xpress reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Spaceman Xpress also reserves the right to make any such modifications in an emergency at our sole discretion.

Spaceman Xpress reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Spaceman Xpress.

Intellectual Property Rights:

Spaceman Xpress shall retain all copyrights to the layouts they create to offer to their clients. The client’s purchase of an Xpress Website through www.spacemanxpress.com shall constitute a NON-TRANSFERRABLE, NON-EXCLUSIVE license to use the layout in perpetuity. In no way shall this license include any Spaceman Xpress layout other than the one which appears in the payment receipt emailed to the client.

Client hereby acknowledges that all copyrights to photos included in Spaceman Xpress’ stock photo library remain with the original copyright holder. Spaceman Xpress is a license holder with a license to use said photos in works designed by us. In no way does client’s selection of a photo for inclusion in client’s website or other marketing piece designed by Spaceman Xpress imply a transfer of that license to client.

In no way shall this license be in any way interpreted to include any of Spaceman Xpress’s (including their affiliates, operating companies, or others) logos, trademarks, graphics, images, photos, videos, content, button icons, and service names, or any other information provided by our website or on the sample graphics and images we have created in order to highlight our design capabilities.

All content, including but not limited to trademarks and taglines identifying us or our affiliates, graphics, images, photos, videos, content, button icons, and service names are solely our property, that of our operating companies or others. All content on this site is protected by national and international copyright laws and treaties. Nothing on this site should be construed as granting a license or right to use any trademark or copyrighted material displayed on this site, without the written permission of the owner of said trademark or copyrighted material.

Other than browsing and using our site for its intended purpose, client may not in any way duplicate, distribute, modify, remove, delete, add to, publish, transmit, or in any way exploit any of the content of this site, in part or in whole, except when expressly authorized in writing by us. Client may not use our logo for any purpose whatsoever, not even as a link to our site or any affiliate sites, unless the intended use of the logo is approved in advance by us in writing.

We reserve the right to seek all remedies available at law, in equity or under international copyright laws for violations of these Legal Terms, including the right to block access from a particular Internet site.

Content provided to Spaceman Xpress by client shall remain the property of client. Notwithstanding, client agrees that Spaceman Xpress may use images, logos, graphics, slogans, etc. as incorporated into their Xpress Websites, for the sole purpose of showing samples of their work and promoting their business. Said samples can be incorporated into their website, marketing materials, including, but not limited to postcards, brochures, flyers, television commercials, promotional videos, or any other media currently available, or to be available in the future.

Client Content:

Spaceman Xpress reserves the right to refuse to provide services to anyone wishing to create a website or other media material for a purpose deemed to be obscene, threatening, pornographic, or in any other way may be deemed to be offensive. This determination shall be made at the sole discretion of Spaceman Xpress. If Spaceman Xpress exercises this right, we shall provide a full refund to client as soon as practicable with an explanation of our decision.

Client hereby certifies and warrants that all content, included, but not limited to copy, text, images, slogans, trademarks, logos, etc., provided to Spaceman Xpress to incorporate into an Xpress Website will be the sole property of the client to use in any way they so choose. If the content submitted is not the sole property of client, then client hereby certifies and warrants that they have received a license to use the material for the purpose for which they are submitting it, including for use on a website to be published over the world wide web.

Client, by signing up for purchasing an Xpress Website, hereby agrees that they shall, at their own expense, hold harmless and defend Spaceman Xpress for any claim of breach or claim for trademark or copyright infringement in violation of this Agreement.

Limitation of Liability:

SPACEMAN XPRESS HEREBY DISCLAIMS ANY AND ALL LIABILITY FOR INTERRUPTED SERVICE OR SECURITY VIOLATIONS AND WILL NOT BE HELD LIABLE FOR ANY CLAIMS OR DAMAGES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFIT, OPERATION TIME, GOOD WILL, CONTRACTS, REVENUES OR ANTICIPATED SAVINGS RESULTING FROM THE USE OR THE INABILITY TO USE OUR WEB-HOSTING SERVICES, INCLUDING, BUT NOT LIMITED TO, SERVICE INTERRUPTIONS, INTERNET CONNECTIVITY PROBLEMS, UNAUTHORIZED ACCESS TO OUR WEB-HOST'S SERVER, DOMAIN NAME REGISTRAR PROBLEMS, DNS CACHING, INTERNET BANDWIDTH CONGESTION, POWER FAILURES AND NATURAL DISASTERS, OR ANY OTHER INTERRUPTIONS BEYOND SPACEMAN XPRESS’S CONTROL.

Notwithstanding the above disclaimers of liability, if Spaceman Xpress is in any way found liable (whether in contract or tort or otherwise) in no event shall Spaceman Xpress's total liability to you for any and all claims, damages, losses, and causes of action exceed the amount paid by you, if any, for obtaining website hosting or domain name registration through Spaceman Xpress for the period during which Spaceman X was found to be liable

Indemnity:

Spaceman Xpress clients, by utilizing Spaceman Xpress's web design services, agree that they shall, at their own expense, hold harmless and defend Spaceman Xpress for any claim of breach or claim for trademark or copyright resulting from client’s use of Spaceman Xpress’s web hosting or domain name registration services, or for liability related to spamming or violation of any law in connection with the client’s website account. Each client shall indemnify and hold Spaceman Xpress harmless for those violations attributed specifically to their web design account or domain name and shall defend Spaceman Xpress whether or not the claim is valid. Clients shall pay all resulting damages.

Other Provisions:

If any provision of these terms is prohibited by law or found to be unlawful, void or otherwise unenforceable, such provision shall, to the extent required by law, be severed from this Agreement. The remaining provision shall remain intact.

Client hereby consents to the exclusive jurisdiction of the courts of the State of Illinois regarding any and all disputes involving these terms and use of this site.

Spaceman Xpress reserves the right to modify the terms of this Web Design Policy at any time. Client’s are advised to check back regularly for updates. Our client's use or continued use of our web hosting and domain name registration services after said changes are posted on our website at www.spacemanxpress.com shall constitute their acceptance of these terms.

For Resellers:

Due to the nature of the pre-designed layout system that Spaceman Xpress has created, the websites purchased through Spaceman Xpress are non-exclusive licenses to use the sites in perpetuity, but Spaceman Xpress retains the copyright to the actual site designs.
By signing up as a Reseller, Reseller agrees to abide by the terms and conditions of each product as outlined in the Design Policies on Spaceman Xpress’ website at www.spacemanxpress.com.
By placing a check mark in the box, Reseller hereby certifies that they agree to the terms of the above Service Agreement. In consideration for the aforementioned agreement to become a Reseller for Spaceman X, Reseller acknowledges that they will receive a promotional code that will afford them a discounted purchase price for Xpress websites to use on any website that they purchase through www.spacemanxpress.com.