June 30, 2018
1. Overview
Welcome to Orbspace. Orbspace, Inc. (“Orbspace”, “we”, “us”) respects and values its users (“you”). Please read over our Terms of Service (“Terms”) which contain information regarding the comprehensive use and access to Orbspace. Orbspace is a platform (a collection of web technologies and tools that are being offered as a Software-as-a-Service) in which a user (defined as an individual which has created an account with us) can perform typical lifecycle (build, create, edit, modify, monitor, manage and delete) processes needed to build and manage a website(s). These Terms cover the legal rights for you, the user, and us, the platform owner. In creating an account with us and by using our platform, you (individually or acting on behalf of another) agree to the Terms which includes our Privacy Policy.
2. Our Services
The services we offer allow users to create and manage websites. These website(s) allow the user a chance to establish an online presence, promote ideas, content, and businesses. To use the Orbspace platform a user must create an account. We provide the services and cloud infrastructure needed to create and manage a website(s) on our end. We do not provide any infrastructure, hardware, or anything else you may need to access our platform services.
2.1. Account Creation – By creating an account with us you acknowledge that these services are intended for those who are of the appropriate age who understand the agreements within our Terms and are legally able to enter into it those agreements.
2.2. Accurate Information - You will agree to provide accurate, complete, and when needed, updated information for your account. This is needed to provide account maintenance, billing, and third-party transactions needed for platform services.
2.3. Account Security - You are responsible for the confidentiality of your password, connection to Orbspace, and activities during access to services. You will take reasonably efforts to keep your account(s) secure. You agree to immediately notify us of any unauthorized uses or security issues.
2.4. Content Guidelines – All websites must be lawful and legitimate. You ultimately are solely responsible for content uploaded. We do not control or prescreen the content you wish to upload. We have the right to remove or preserve, if need be, any content that violates these Terms. We do not allow the following sites or uses:
- Adult – Anything involving adult themes that have explicit text, images, or videos of featuring or focusing on nudity, sexual acts, sexual inquiries or topics.
- Content that Is Copyrighted – Anything you do not own the rights to. Please respect Copyright and intellectual property of others.
- Any Content that:
- Promotes hate speech
- Promotes false information
- Promotes violence
- Promotes use of malicious code
- Scams – Anything that is used to trick users (Phishing) or have the intent to spam users.
3. Your Content
The website(s) you create, you own. Orbspace provides services to support you in your website creation. All content uploaded to Orbspace is yours and your responsibility. Our Terms do not give us rights or supersede your inherent rights of expressive works or intellectual property. You do provide us limited rights that are needed for us to provide, improve, and secure platform related services.
3.1. Granting License(s) to Orbspace – Our platform is used to help you create a website and digital presence for your use. In effect, you grant Orbspace a worldwide, non-exclusive, royalty-free, and perpetual license to use, host, store, and all other practical ways needed to provide you the ability to build and manage a website as well as improve, protect, and enhance our platform services. We may also create derivative works where needed and appropriate.
3.2. Site Promotion - We may also choose to feature, promote, or reference your site(s) for Orbspace marketing. You may at anytime express the desire to opt out of having your site promoted by contacting us.
3.3. Content Backup – You are responsible for your content. Please ensure you have a backup of your content.
4. Your Responsibilities
You are solely responsible for all the content that you upload and publish when using the Orbspace platform as well as adhering to and implementing supporting policies for all laws and regulations relating to Privacy, Data Collection, Security. This means that you must ensure that all content uploaded and published is legally appropriate and that when collecting user’s information, you adhere to the laws and regulations. You are fully responsible and liable for your content and services.
4.1 Appropriate Content - Do not violate the copyrights, trademarks, intellectual property or any other forms of restricted content.
4.2 Respect Our Rules – You are responsible for understanding and complying with our service agreements.
4.3 Abide by the Law – You are responsible for following the laws that you are governed by.
4.4 Data Protection and Privacy - If you collect data from the website you have created with Orbspace, you must agree to comply with all applicable privacy and data protection laws. You also agree that you are solely responsible for implementing website (s) and service(s) that are compliant with data protection, security, and privacy laws. In all related matters for data protection, security, and privacy, you acknowledge and agree that you are solely responsible for all compliance with applicable laws and regulations.
5. Our Rights
At any time, at our discretion, without liability or notice to you, we may exercise the right to change, alter, modify, restrict, or terminate any of our services or agreements. We reserve this right so that nothing may interfere with the business choices(s) we make in operating Orbspace. Any changes will typically be communicated via the dashboard and with appropriate links.
6. Our Intellectual Property
6.1 Ownership – Orbspace owns Orbspace. Our platform and services are protected by US laws (copyright and trademark). Nothing in our Terms grant any right or interest in anything (services, technologies, source and object code, computer code, methods, algorithms, data, trademarks, logos, brand features, or intellectual property) within our platform to a user.
6.2 Feedback – You are more than welcome to share with us any ideas or suggestions (feedback) to make Orbspace better. In doing so, you agree that we may use your Feedback without any restriction or obligation to you while you are a user or even after the termination of our agreement. You cannot claim any ownership to ideas or end results of feedback given.
6.3 Beta – We have released our platform as a beta. We plan to continue offering other products and services under the beta phase till such a time we deem the desired performance and service adequate and meets our standards. All services marked as beta are indicative of its use. While we make all efforts to ensure the product(s) and service(s) work as intended, the use of beta indicates that the service may encounter unexpected issues.
7. Fees
Orbspace is a Software-as-a-Service platform. We provide services and support to you in exchange for you willingly selecting a service tier/package to subscribe to. This will result in a monthly or yearly fee. Additionally, there are add on services such as domain purchases, storage increase, or other such additional website features that you may add to your account for a separate fee. You are liable to pay all fees.
7.1 Prepayment – Packages are a subscription in which you agree to prepay the fee and any applicable taxes.
7.2 Automatic Renewals – By selecting one of our packages, we will automatically bill you from the date you submit your initial payment and on the renewal period of that date until cancellation. This is to ensure uninterrupted service. If you are on a month to month plan, each month you will be charged the specified amount for services. If you are on a yearly plan, each year, you will be charged the specified amount for services. You will receive notice in advance of upcoming billing. You can disable auto-renewal at any time, but service and access will be affected depending on your account status.
7.3 Refunds – You are able to cancel our services at anytime but we will not issue a refund past our thirty (30)-days. Exceptions are at our sole discretion, or if legally required. You will still have access to our services till the time you paid for ends.
- Rationale - We offer a free tier in which users can always build for free. Additionally users are able to test out all features for seven (7) days when they sign-up for an account. Afterwards, users are only able to publish their sites to the branded subdomain of Orbspace.io. The user must knowingly purchase a package to enable website(s) publishing to domain other than the orbspace.io subdomain. We offer a 30-day window for refunds.
7.4 Chargebacks – In the event of you contacting your bank or credit card company to decline or reverse the charge of any payable fees to us (“Chargeback”), we may automatically terminate your Account. If you have questions about a payment made to us, we encourage you to contact us before filing a Chargeback. We reserve our right to dispute any Chargeback.
7.5 Payment Processor – We use third party to collect and process payments from you through a payment account linked to you. Processing these payments are subject to the terms, conditions and privacy policies of that third party providing the services. Our current third-party provider is Stripe. Your payments in accordance with Stripe’s Terms of Service and Privacy Policy. We are not liable for the security of performance of the third party providing payment processing. When you pay us, you agree to all charges specified for any purchase in accordance with payment terms. We reserve the right to make any changes needed in coordination with our third-party provider regarding payments.
8. Domains
8.1 Domain Reseller – (Not Currently Applicable) We coordinate with a third-party registrar to provide you with domain services. When you choose to look for and register a domain name, renew, or transfer domain(s) through our platform, you become bound by the relevant registrar’s terms and conditions.
8.2 ICANN - The Internet Corporation for Assigned Names and Numbers (“ICANN”) governs the policies related to domains. The use of our domain services is subject to the policies, including without limitation the dispute resolution policies, of Your rights and responsibilities as a domain name registrant under ICANN’s 2009 Registrar Accreditation Agreement.
8.3 Renewals and Refunds – (Not Currently Applicable) We currently do not allow transferring domains in. In purchasing a domain with us, you may transfer a domain after the first sixty (60) days following registration. Domains purchased are automatically set for renewal. We will provide you notice in advance before your domain renewal date, but you agree that renewing your domain is solely your responsibility. If you cancel a domain name purchase within the first two days following your purchase, we are not obligated to refund your purchase, but may do so. We do not offer refunds for renewals or transfers.
9. Orbspace is offered “AS-IS”
Orbspace is a new platform in which we aim to provide a great product and service. Inherently with software services and technology, things may not go as planned or intended. This means we cannot promise or guarantee various aspects of our service and product. In effect, we cannot be held responsible for these inherent risks. We provide services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind.
10. Term and Termination
This Agreement will remain in effect until terminated by either you or us. To terminate this Agreement, you simply go to accounts via our dashboard, package management, and click cancel. We have the right to suspend or terminate the agreement at our sole discretion and without notice. All sections of this Agreement, by their nature, shall survive termination, including without limitation Your Content, Our Intellectual Property, Covenant Not to Sue, No Class Actions, Limitation Of Liability, and Indemnification.
11. Exclusive Remedy
You agree that the best and easiest way to deal with any problem with the Orbspace platform is to cease using our services. Under no circumstances shall Orbspace or our agents, affiliates be liable in any way for your access, loss, or damages due to use of our platform services.
12. Covenant Not to Sue.
During and after the Term, you will not assert, nor will you authorize, assist, or encourage any third party to assert, against us or any of our affiliates or agents, any patent infringement or other intellectual property infringement or misappropriation claim regarding the Services or Content
13. No Class Actions.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren't allowed.
14. Limitation of Liability
EXCEPT WHERE PROHIBITED, IN NO EVENT SHALL ORBSPACE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE PLATFORM SERVICES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.
15. Indemnity
You agree to defend, indemnify and hold harmless Orbspace, its affiliates and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including attorneys’ fees) arising from: (1) your violation of any term of these Terms of Use or any other Orbspace Terms; (2) your violation of any third party right, including any copyright, access rights, property, or privacy right, resulting from your site, content, and/or your use of the Orbspace platform.
16. Entire Agreement
This Agreement constitutes the entire agreement between you and Orbspace regarding the subject matter of this Agreement and supersedes and replaces any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of this Agreement. This Agreement creates no third-party beneficiary rights.
17. Waiver, Severability and Assignment
Our failure to enforce any provision of this Agreement is not a waiver of our right to do so later. If any provision of this Agreement is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under this Agreement, and any such attempt will be void. We may assign our rights under this Agreement to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
