Last updated: October 20, 2026

NodeSpace Technologies, LLC, doing business as NodeSpace Hosting, values you as a customer. This Hosting Agreement (the “Agreement”) governs your purchase and use, in any manner, of all Services ordered by you and provided by NodeSpace. It incorporates the following, each of which is a section of this page:

As used in this Agreement, “NodeSpace,” “The Company,” “us,” “we,” “our,” and grammatical variants mean NodeSpace Technologies, LLC, a Michigan limited liability company doing business as NodeSpace Hosting. “Customer,” “you,” “your,” and grammatical variants mean you or, if you are authorized, the company or organization you represent. “Services” means the nodespace.com website and all hosting, server, colocation, private cloud, domain, licensing, managed, and related products and services made available by NodeSpace. By placing an order, creating an account, or using the Services, you agree to be bound by this Agreement. If you do not agree, you are not authorized to use or access the Services. If you accept on behalf of an organization, you represent that you have authority to bind that organization.

The Privacy Policy and, for program participants, the Partner Program Agreement are published separately and also form part of this Agreement. Changes to this Agreement are made as described in Section 13(D).

1. TERMS & EFFECTIVE DATES

A) This Agreement is effective as of the date you order NodeSpace’s Services and shall continue for an initial term equal to the billing cycle selected at checkout (one month unless otherwise stated) and shall automatically renew for successive terms of the same length unless and until sooner terminated pursuant to the provisions of this Agreement.

B) Either NodeSpace or Customer may terminate this Agreement at any time for any reason upon providing at least twenty-four (24) hours’ advance notice in writing. Customer may cancel through the client portal as described in Section 5(E).

C) Upon termination of this Agreement, Customer must fully pay NodeSpace for all Services partially or fully provided to Customer by NodeSpace prior to termination. Additional cancellation terms are outlined in Section 5. Account credit balances are non-refundable except as stated in the Refund Policy or required by law.

D) Notwithstanding the provisions of this Section, NodeSpace reserves the right to immediately terminate this Agreement with any Customer believed to conduct, participate in, allow, or facilitate any prohibited activity as described in the Acceptable Use Policy.

2. TERMS OF SERVICE

A) Accurate Account Information: Customer will provide NodeSpace with accurate and true information, including at a minimum first name, last name, current mailing/billing address, current email address, and a telephone number, and will keep it up to date. This information is used to contact Customer about Service maintenance, billing, account verification, and account notices, and is otherwise handled as described in the Privacy Policy.

B) Service(s) Provided: NodeSpace will provide Customer with the Service(s) ordered, as they are described on our website, in our billing system, or in a custom quote. In case of a conflict, the billing system or quote takes priority over the website. Customer understands and agrees that NodeSpace will host and create the Services solely in accordance with the information provided by Customer. Customer agrees to use NodeSpace’s Services in accordance with this Agreement, including the Acceptable Use Policy.

C) Customer Support: NodeSpace, directly or through its contractors, will provide support to Customer relating to NodeSpace Services as described in the Support Policy and any managed services plan Customer has purchased. Support for matters outside those boundaries is provided at NodeSpace’s discretion and may be subject to fees in the Fee Schedule.

D) Bandwidth Overage: Exceeding your allocated bandwidth will result in overage fees as stated in the Fee Schedule. Customer is responsible for securing its passwords and Services to avoid unexpected overages. For all hosting Services, bandwidth is measured per calendar month, from the first day to the last day of the month, regardless of the Service’s billing date, and resets on the first day of each month. Overages are not billed in the month they occur; they are added to the next invoice generated for the Service after the month closes, so overage charges always appear one billing cycle behind the usage. If a Service is cancelled or terminated, a separate overage invoice may be generated at that time for any overage not yet billed, and that invoice is due immediately.

E) IP Change/Blocklist: If you receive an IP address that is on a blocklist, you have twenty-four (24) hours from your order date to report it to NodeSpace for a no-cost change. Other IP changes after this initial period are subject to the IP change fee in the Fee Schedule. NodeSpace may charge the IP blocklist fee if your Service is suspended or cancelled and NodeSpace has reason to believe that you caused the IP address to be blocklisted.

F) Abuse Handling: Customer acknowledges that any prohibited activity described in the Acceptable Use Policy may result in immediate suspension or termination without refund or notice. However, at our discretion, we will generally follow the guidelines below:

• First offense: Customer contacted and abuse report forwarded; response required within 24 hours or the Service may be suspended;
• Second offense: Customer’s Service suspended; Customer must contact NodeSpace to appeal the abuse report;
• Third offense: Customer account closed and all Services terminated.

If an abuse report comes from a third party, NodeSpace may or may not require system logs or other evidence of the incident. NodeSpace understands that the legitimacy of these reports is sometimes questionable and urges Customer to respond promptly so that NodeSpace can assess each case before deciding on suspension or termination. NodeSpace may charge the administration fee in the Fee Schedule for any suspension or termination due to abuse. Third-party reports and requests are handled under the Copyright (DMCA) Policy and Privacy Policy.

G) Affiliate and Partner Programs: Customers who promote NodeSpace’s Services may apply to join NodeSpace’s affiliate and partner programs. Participation, commission rates, payout thresholds, and payout methods are governed by the Partner Program Agreement; if it conflicts with this Section, the Partner Program Agreement controls. Changes to commission rates apply only to commissions earned after the change takes effect. NodeSpace must verify to its satisfaction that Customer legitimately promoted NodeSpace’s Services. Participants must not knowingly generate fraudulent payments or refer existing NodeSpace customers. Participants who use spam or deceptive practices (including cookie stuffing, unsolicited email, failure to disclose the affiliate relationship, false information, or self-referrals) to promote a NodeSpace referral link, or whose accounts are closed for abuse or policy breach, are subject to suspension or termination and forfeit unpaid commissions. Participants are responsible for following all applicable laws regarding affiliate marketing, including FTC endorsement disclosure rules.

H) Free Offers: Any Service offered free as part of another plan is for use with that Customer’s plan only. Customers who resell or transfer such free Services to others violate this Agreement, and NodeSpace may cancel the free offer.

3. SERVICE-SPECIFIC TERMS

The following terms apply in addition to the rest of this Agreement for the Service types listed. Colocation, private cloud, and other custom Services are additionally governed by the applicable signed order or quote.

A) Shared Web Hosting: Disk space, bandwidth, and other resources are allocated based on the plan ordered. Customer may use more disk space than the plan includes, and an overage fee will be assessed under the Fee Schedule for the additional space used. Shared hosting accounts are subject to the resource limits in Section 6(D) and the shared-hosting restrictions in Section 6(A). Self-service backups provided with shared hosting are a convenience and do not replace Customer’s own backups.

B) Reseller Hosting: Reseller Customers may create and sell hosting accounts to their own clients (“End Users”) under their own brand. Reseller Customer: (i) is solely responsible for its End Users, including billing, support, and their compliance with this Agreement, and must bind End Users to terms at least as protective of NodeSpace as the Acceptable Use Policy; (ii) is responsible for any violation of this Agreement by an End User as if it were Reseller Customer’s own; (iii) will provide first-line support to End Users, as NodeSpace does not provide support directly to End Users unless otherwise agreed; and (iv) may exceed the plan’s included account count at the per-account rate shown on our website and in the billing system. Overselling of disk and bandwidth is permitted, but the aggregate usage of all End User accounts remains subject to Section 6(D). Suspension or termination of a reseller account suspends or terminates all End User accounts under it, and NodeSpace may suspend an individual End User account for abuse without suspending the entire reseller account.

C) Cloud VPS: Each VPS includes one IPv4 address by default; additional IPv4 addresses are available by request only, subject to approval and availability. Unless Customer purchases a managed services plan, VPS Services are self-managed and Customer is solely responsible for the operating system, software, security patching, firewalling, and backups. Shared (fair-use) CPU cores are subject to the CPU limits in Section 6(D). Snapshots or backups provided as a feature of the VPS platform are not guaranteed unless purchased as a backup Service under Section 8.

D) Dedicated Servers: Dedicated server hardware remains the property of NodeSpace or its suppliers. Customer may not physically alter, remove, or relocate hardware, and may not request hardware changes except through a support ticket. Unless Customer purchases a managed services plan, dedicated servers are self-managed as described for VPS above. Customer is responsible for complying with the license terms of any operating system or software it installs. Hardware repair or replacement is handled under Section 8(F). Upon termination, NodeSpace will wipe storage devices before redeploying the hardware, and data on the server will not be recoverable. Suspended dedicated servers may be subject to a reconnection fee under the Fee Schedule. Dedicated servers are non-refundable as stated in the Refund Policy.

E) Managed Services: Managed services plans (such as Standard Management and Premium Management) are sold per server and include the tasks described for the plan on our Managed Services page and in the billing system at the time of purchase. Managed services are reactive (performed upon Customer request or alert) unless the plan expressly includes proactive monitoring or proactive issue resolution, in which case NodeSpace will provide those items as described for that plan. Managed services do not include application development, custom code debugging, or support for software modified by Customer beyond what the plan describes. Backup retention included with a managed plan is the period stated for the plan. Managed services plans are non-refundable, and unused time is forfeited on cancellation.

F) Software Licenses: Software licenses resold by NodeSpace (such as cPanel, Plesk, and WHMCS) are subject to the vendor’s license terms and pricing. When a vendor changes its pricing, NodeSpace may adjust license fees on the next renewal after giving notice. Software licenses are non-refundable.

4. DOMAIN REGISTRATION

This Section applies to all domain registrations, transfers, renewals, and related services obtained through NodeSpace. NodeSpace provides domain services as a reseller of an ICANN-accredited registrar; the registrar of record for your domain is shown in its public registration data (RDAP) and in the client portal, and your registration is also subject to that registrar’s registration agreement. ICANN policies and registry-specific rules apply in addition to this Section. ICANN’s Registrants’ Benefits and Responsibilities and Registrant Educational Information describe your rights as a domain registrant.

A) Ownership and Registrant of Record: Domains registered or transferred through NodeSpace are registered in Customer’s name as the Registrant of Record. Domains registered on Customer’s behalf, including promotional or “free domain” offers, are owned by Customer, not NodeSpace. NodeSpace may be listed as a technical or administrative contact for provisioning purposes, but such listing does not grant NodeSpace any ownership interest.

B) Contact Data and Registration Data Accuracy: Customer must provide accurate, current, and complete registrant, administrative, technical, and billing contact data and keep it up to date. Customer authorizes NodeSpace to transmit required data to the registrar of record, registry operators, data escrow providers, and ICANN as required by the ICANN Registrar Accreditation Agreement, ICANN’s Registration Data Policy, and applicable law. Customer may be required to verify its email address or other contact details; failure to provide or verify accurate data may result in suspension, transfer lock, or cancellation of the domain.

C) Transfer Locks: Newly registered domains and domains that have completed an inter-registrar transfer are subject to a transfer lock under ICANN’s Transfer Policy as in effect at the time (currently sixty (60) days; ICANN has approved changes to this policy, and NodeSpace will apply the revised lock periods once they take effect). A change of registrant name, organization, or email may trigger an additional sixty (60) day inter-registrar transfer lock under ICANN’s Transfer Policy as currently in effect. Where permitted by the registrar and registry, Customer may request to opt out of that lock before the change by opening a support ticket; approval depends on TLD policy and is not guaranteed.

D) Transfers Away: Customer may transfer a domain to another registrar subject to (i) resolution of any holds or disputes; (ii) removal of registrar lock; (iii) availability of an EPP/Auth Code; (iv) disabling privacy/proxy where required; and (v) ICANN and registry eligibility requirements, including the lock periods above. Fees charged by the gaining registrar, registry, or third parties are Customer’s responsibility. Promotional or “free” domains may be transferred away at Customer’s expense; refunds for bundled services are subject to the Refund Policy.

E) Renewals, Expiration, and Redemption: Domains auto-renew if enabled in the client portal and a valid payment method is on file. Renewal reminders are sent by email to the account contact address approximately one month and one week before expiration, and again within five (5) days after expiration if the domain has not been renewed. An expired domain may enter a grace period (typically up to 30 days) during which it may be renewed at the standard renewal fee; after that, many TLDs enter a redemption period (typically 30 days) with additional registry restore fees. Current renewal and redemption/restore fees are shown in the client portal and at checkout. Timelines vary by TLD. Once a domain is deleted and released by the registry, it may be registered by others and cannot be recovered by NodeSpace.

F) DNS and Privacy Services: Customer may update nameservers through the client portal, subject to registry propagation delays, and is responsible for the accuracy of DNS records it manages. NodeSpace is not liable for DNS or nameserver misconfiguration by Customer or third parties. Where available, registration-data privacy/proxy services are optional, may be provided by a third party subject to its terms, and may need to be disabled to process certain transfers. NodeSpace may disclose underlying registrant data to competent authorities or as required by law.

G) Disputes: Domain disputes are governed by the ICANN Uniform Domain-Name Dispute-Resolution Policy (UDRP) and, for certain TLDs, the Uniform Rapid Suspension System (URS). NodeSpace will comply with applicable orders, locks, and transfers required under these policies and by competent authorities.

H) Prohibited Uses and Registry Requirements: Domains must not be used for illegal activity, malware, phishing, spam, or other abuse, and the Acceptable Use Policy applies to all domain-related Services. Registries may impose additional eligibility or usage requirements (such as residency requirements for certain TLDs), which Customer must meet.

I) Fees and Precedence: Domain registration, transfer, renewal, premium, and redemption/restore fees are non-refundable once processed, unless otherwise required by law or registry rule. For domain transactions, applicable registry rules and ICANN policies prevail over this Agreement in case of conflict.

5. BILLING & FEES

A) Agreement to Pay: As consideration for NodeSpace’s Services, Customer agrees to be charged upon request and/or use of any Service, including any fees assessed in connection therewith, and to pay the aggregate fees, whether one-time or recurring, in full when due, based on the Services and terms selected. Services are provided as described and at the price advertised (in U.S. Dollars) on NodeSpace’s website or in the billing system, plus applicable taxes. NodeSpace’s acceptance of a late or partial payment does not waive its right to payment in full.

B) Fee Schedule: The Fee Schedule reflects current charges for Services performed outside regular support boundaries and for administrative events. Customer agrees to pay fees assessed in accordance with this Agreement. NodeSpace may change the Fee Schedule as described in Section 13(D). Fees in the Fee Schedule are charged at standard rates regardless of any promotional discount on Customer’s plan.

C) Fraud Protection: NodeSpace uses automated fraud protection on all orders, so please enter all billing information correctly and do not use proxies or otherwise mask your identity when ordering. Information collected during ordering is used for billing, account verification, and fraud prevention as described in the Privacy Policy. If you trigger the fraud system, you may correct your details and re-order or contact our team. NodeSpace may require additional documentation, such as photo identification, to verify a payment. NodeSpace may deny any order, or cancel and refund any payment, at any time. If you are found to be using the Services for fraudulent or abusive activity, your information may be reported to FraudRecord, a third-party fraud reporting service, using a salted one-way hash; a report may make it difficult to obtain service from other providers. NodeSpace will not accept an order from anyone reported for sending spam within the last five (5) years.

D) Authorization and Disputes: By making a payment, Customer authorizes that charge and future recurring charges for the Services ordered until cancelled. Customer agrees to notify NodeSpace of any billing dispute within thirty (30) days of the charge; this does not limit any longer period or right available to Customer under applicable law, including the Fair Credit Billing Act. While a payment dispute is pending, NodeSpace may suspend the affected Service(s). Where a dispute is resolved in NodeSpace’s favor, Customer is responsible for resulting losses, chargeback and administrative fees, applicable reinstatement or reconnection fees, and reasonable attorneys’ fees to the extent permitted by law.

E) Recurring Payments and Cancellation: Recurring Services renew automatically until cancelled. To avoid renewal, Customer must submit a cancellation request through the client portal at least twenty-four (24) hours before the end of the current billing term; otherwise an invoice for the next term will be generated and due. “Cancellation” means the Service will be terminated at the end of the current term and no further invoice will be generated. NodeSpace normally captures automatic payments one (1) day before the end of the billing term but may do so up to seven (7) days before, and may re-attempt a failed capture. A late payment does not automatically reverse a suspension or termination; contact NodeSpace to have Services reactivated.

F) PayPal Subscriptions: For recurring PayPal payments, Customer is responsible for cancelling the PayPal subscription if needed. Payments from a PayPal subscription received after a Service is cancelled will be added to Customer’s account credit balance and are subject to the Refund Policy.

G) Administration Fee: Customer agrees to pay the administration fee in the Fee Schedule in the following situations:

1. any returned payment and/or collections effort;
2. any withdrawal of account credits (if offered);
3. any dispute, hold, or chargeback on a payment that is resolved in NodeSpace’s favor;
4. any suspension or termination due to prohibited account behavior;
5. any suspension that requires manual processing outside our automated system;
6. any custom billing administration outside current NodeSpace policies; and
7. any IP blocklisting caused by Customer.

H) Suspension and Termination: “Suspension” means Customer cannot use its Service(s), which can be resumed after the cause is resolved (for non-payment, after payment is made). “Termination” means Customer’s Service(s) and associated data are permanently deleted, with any outstanding balance still due. NodeSpace is not responsible for data loss resulting from Termination. If Customer does not cancel and an invoice is generated but not paid, it remains due even after Termination for non-payment and must be paid before Customer can place a new order.

I) Invoices: Invoices are generated when a new Service is ordered and automatically seven (7) days before the next billing term for Services paid monthly, fourteen (14) days before for Services paid quarterly, and thirty (30) days before for Services paid semi-annually or longer. If Customer cancels a new order before paying its invoice, the invoice will be removed. For existing Services, payment is due by the invoice due date. NodeSpace suspends Services five (5) days after the due date and terminates Services thirty (30) days after the due date.

K) Collection Efforts: Customer shall pay all costs of collection, including reasonable attorneys’ fees and costs to the extent permitted by law, if any invoice requires collection efforts. Accounts referred to a collection agency are subject to the administration fee, which must be paid in full before the account is reactivated.

L) Currency Fluctuations: International Customers and Customers paying with cryptocurrency bear the risk of currency fluctuations and any fees or taxes associated with converting foreign currency or cryptocurrency into U.S. Dollars. NodeSpace may withhold Service until it receives satisfactory confirmation that funds are available, and may refuse Service to Customers whose contact country does not match the country of their billing information.

M) Late Payments and Late Fee: Any payment not received by the due date listed on the invoice is late, including payments made by mail. NodeSpace grants a grace period of five (5) days to pay without penalty. If payment is not received in full by 1:00 AM UTC on the sixth day after the due date, NodeSpace will charge a late fee of 10% of the total invoice or $10.00, whichever is greater.

6. ACCEPTABLE USE POLICY

A) Prohibited Content and Activities: NodeSpace does not permit any Customer to use its Services for illegal activities, and Customer warrants that it will not conduct, participate in, allow, or facilitate any prohibited activity. Customer agrees not to post, provide, embed, link, or otherwise make available any Customer Content (as defined in Section 9), or engage in any activity, that:

1. depicts, promotes, or facilitates child sexual abuse or exploitation (including child sexual abuse material), which NodeSpace will remove and report to the National Center for Missing & Exploited Children (NCMEC) and law enforcement as required by 18 U.S.C. § 2258A;
2. infringes any third party’s intellectual property or publicity/privacy rights;
3. violates any applicable law or regulation;
4. involves deceptive or fraudulent activities, including phishing;
5. is defamatory, threatening, harassing, or obscene;
6. contains or distributes viruses, worms, Trojan horses, ransomware, botnet command-and-control, or other malicious code, or involves port scanning, stress testing, or IP spoofing intended to damage or interfere with any system, data, or personal information;
7. attacks or attempts to harm NodeSpace’s servers or any other system (including denial-of-service attacks);
8. involves spamming as defined in Section 7, or investment/lottery schemes;
9. involves brute-force or other vulnerability-scanning programs, even for security purposes, without NodeSpace’s express written authorization (Customer may test its own Services);
10. involves traffic exchange or relay services, including autosurf sites, Tor exit nodes, open public proxies, and topsites lists;
11. involves mass public file storage of any kind (image or video hosting sites, torrents, etc.) on shared or reseller hosting; such uses are permitted only on VPS or dedicated servers;
12. involves high CPU, bandwidth, I/O, or network usage that disrupts the performance of other customers;
13. involves repeatedly attracting attacks on Customer’s Services, or failure to reasonably secure Services;
14. involves aggressive crawling/scraping, loading excessive numbers of websites, or running web macro scripts on shared or reseller hosting; or
15. involves running programs designed to consume maximum CPU (such as cryptocurrency miners) beyond the processing power assigned to the Service.

NodeSpace has sole discretion to determine what Customer Content is acceptable and may refuse any subject matter it deems inappropriate. Customer is liable for all costs of reversing damages caused by its violation of this Section, and agrees to comply with all U.S. federal, state, and local laws and the laws of any other jurisdiction that apply to its use of the Services. Customer’s indemnification obligations are set out in Section 13(B).

B) Circumvention Prohibited: Customer agrees not to circumvent, abuse, or attempt to circumvent or abuse NodeSpace’s security measures or billing system. This includes creating multiple billing accounts for the same Customer or household, using multiple accounts to exceed deposit limits, creating a billing account for someone other than Customer, or exploiting bugs in NodeSpace’s systems. Such abuse will result in account closure and immediate termination without refund. If a Service is listed at an obviously incorrect price, NodeSpace may cancel the affected order and refund any amount paid for it, or offer the Service at the correct price.

C) High Usage Policy: Usage that disrupts the overall performance of shared infrastructure is not permitted. Unless Customer’s plan includes dedicated resources, Customer agrees to operate within the following parameters:

• High CPU: A Service may not burst to 95–100% CPU usage for more than five (5) minutes or average higher than 50% usage within any two (2) hour period. Plans advertised with dedicated CPU, Services with a high-CPU option, and dedicated servers may use 100% at all times.
• High Load: A Service may not have a 15-minute load average higher than the number of full logical cores assigned, or a 1-day load average higher than 70% of the number of full logical cores assigned.
• High Mail Volume: NodeSpace may block port 25 on Customer’s Service. Customer may not send more than 100 emails per hour and must maintain a similar average volume week to week, with no bursting. NodeSpace may waive this limit for a customized Service plan.
• High I/O: A Service may not average more than 80 IOPS within any two (2) hour period, burst above 300 MB/s disk write average for more than ten (10) minutes, average more than 300 write operations per second for more than one (1) hour, or exceed 20% average disk utilization within any six (6) hour period.
• High Network Usage: A Service may not have more than 50,000 conntrack sessions at any time or use more than its allocated bandwidth. The network is shared and maximum network speed will not always be available.

NodeSpace may deprioritize, power down, or suspend Customer’s Service(s) at any time to avoid congestion or disruption to other customers.

7. ZERO-TOLERANCE SPAM POLICY

A) Zero-Tolerance Approach: NodeSpace has a zero-tolerance policy for unsolicited or bulk email and messaging sent from, relayed through, or advertising sites hosted on NodeSpace Services. This applies to all Service types and to any third party Customer hires to send mail on its behalf; Customer is responsible for its vendors’ conduct.

B) Definition of Spam: “Spam” means any unsolicited electronic message, whether a single message or a bulk mailing, sent to recipients who have not given verifiable, affirmative consent (opt-in) to receive it. Messages sent to purchased, rented, borrowed, scraped, or third-party lists are Spam regardless of content, as are lists that require recipients to opt out rather than opt in. Websites hosted with NodeSpace that are advertised by Spam (“spamvertised”), wherever the Spam is sent from, are subject to suspension or termination.

C) Prohibited Practices: The following are prohibited:

• sending to purchased, rented, harvested, or scraped lists, or to recipients who have not opted in;
• using false, misleading, or forged headers, subject lines, domains, or identities;
• operating open relays, snowshoe mailing, or proxying mail to evade limits;
• sending messages without a clearly visible, functional unsubscribe mechanism (including one-click unsubscribe where mailbox providers require it), or continuing to send to recipients who have unsubscribed; and
• phishing, malware distribution, or any activity that degrades network or IP reputation.

D) Sender Requirements: Senders must obtain and retain records of consent; include accurate sender identity and a valid physical postal address; honor unsubscribe requests within ten (10) days or sooner where required by law; implement SPF, DKIM, and, where supported, DMARC; and promptly remove invalid or complaining recipients.

E) Enforcement and IP Listings: NodeSpace may suspend or terminate Services immediately upon evidence of Spam, and may terminate any account that causes NodeSpace IP addresses to be blocklisted, whether intentional or not. Customer may be charged the IP blocklist fee and reasonable investigation and delisting costs. NodeSpace may require changes to, disable, or terminate any site that does not comply with this Section.

F) Reporting Spam: To report Spam originating from our network, email abuse@nodespace.com with complete message headers and content.

8. SERVICE LEVEL AGREEMENT

A) Exclusive Remedy: The service credits described in this Section (“SLA Credits”) are Customer’s sole and exclusive remedy, and NodeSpace’s sole and exclusive obligation, for any failure by NodeSpace to meet the commitments in this Section.

B) Support Requests: NodeSpace support is available 24 hours per day, 7 days per week, year round. You may request support by opening a ticket in the client portal, by email, or by telephone if your plan includes phone support.

B-1) Response Times: We will respond to support requests made by ticket or telephone within the following time frames:

• Monitoring responses: server and service down alerts will be acknowledged within 15 minutes (for Services with active monitoring);
• Ticket responsiveness: tickets will be acknowledged within one (1) hour for tickets opened between 8:00 AM and 10:00 PM Eastern Time, and within eight (8) hours for tickets opened at other times. Resolution times depend on the circumstances and are not guaranteed;
• Restore requests: restores of data backed up by NodeSpace will begin within two (2) hours, provided the destination is available and the requested data is available in the backup repository.

B-2) Remedy: If we fail to meet a response time commitment in Section 8(B-1), you are entitled to a credit of $50 per event, up to 100% of the monthly recurring fee for the affected Service in any calendar month. These commitments do not apply to requests made outside our ticket system or telephone support.

C) Power: A/C power to the outbound port of the power distribution unit (PDU) serving your equipment will be available 100% of the time.

D) Network: The data center network will be available 100% of the time. “Network” means the portion of the network extending from the outbound port on your edge device to the outbound port on the border router, including NodeSpace-managed switches, routers, and cabling. Network availability means the ability to pass TCP/IP traffic with less than 3% packet loss and less than 30 ms latency across NodeSpace network infrastructure.

E) Remedy for Power and Network: If NodeSpace fails to meet a commitment in Sections 8(C) or 8(D) and the failure adversely affects your Service, you are entitled to a credit of 5% of the monthly recurring fee for the affected Service per half hour of power outage or network downtime, up to 100% of that fee in any calendar month.

F) Hardware Repair or Replacement: For dedicated servers and other NodeSpace-provided hardware, NodeSpace will begin repairing or replacing failed hardware components within one (1) hour of problem identification by NodeSpace. This does not include time required to rebuild your system, such as configuring a replacement device, rebuilding a RAID array, reloading the operating system or applications, or restoring from backup.

G) High-Availability Network Devices: A “high-availability” network device solution means two devices within a single data center (such as firewalls, load balancers, routers, or switches) configured for failover. High-availability solutions will be available 100% of the time, provided that proper failover testing has been completed with NodeSpace during implementation.

H) Remedy for Hardware and High Availability: If NodeSpace fails to meet a commitment in Sections 8(F) or 8(G) and the failure adversely affects your Service, you are entitled to a credit of 5% of the monthly recurring fee for the affected component per half hour of downtime (after the first hour referenced in Section 8(F)), up to 100% of that fee in any calendar month.

I) Backups: NodeSpace backs up your data only if you have purchased a backup Service or a plan that includes backups; otherwise Customer is solely responsible for backing up its data. There is no guarantee of backup integrity.

J) Backup Schedule: Unless a custom backup solution is agreed in advance, backups are performed to shared managed backup infrastructure on a scheduled basis and retained for the period stated in the Service description or plan. If no period is stated, backups are taken nightly with a seven (7) day retention period.

K) Data Restoration: NodeSpace will begin restoring data it has backed up within two (2) hours of a restore request made by support ticket. If we fail to meet this commitment, you are entitled to a credit of $250 per event, up to 100% of the monthly recurring fee for the affected Service in any calendar month.

L) Service and System Monitoring: The following applies only to Services with active monitoring (available as an add-on or included in select managed services plans):

• Availability monitoring: NodeSpace will monitor up to six (6) TCP ports per server (such as HTTP, HTTPS, SMTP, and POP3) and test server availability by ping every five (5) minutes. You will be alerted by ticket if a port or ping monitor fails three consecutive times.
• Fault and performance monitoring: NodeSpace monitors status events (network availability, process status, file system, and capacity) and key performance metrics for the operating system and select applications and databases.
• Notification: We will notify you of monitoring alerts within the time frames in Section 8(B-1).
• Remedy: If we fail to meet the notification commitment, you are entitled to a credit of $250 per event, up to 100% of the monthly recurring fee for the affected Service in any calendar month.

M) Limitations on Credits:

• Cumulative cap: The total credit for any calendar month will not exceed 100% of the monthly recurring fee for the affected Service. Credits above this cap are not carried forward.
• Maintenance: No credit is due for downtime resulting from Maintenance, meaning (a) upgrades or repairs to shared infrastructure scheduled at least 72 hours in advance and performed during off-peak hours in the data center’s time zone; (b) maintenance of your configuration that you request and we schedule with you; or (c) emergency maintenance needed for the security or performance of your configuration or NodeSpace’s network. Managed servers must remain patched to NodeSpace’s approved patch level.
• Force majeure and attacks: No credit is due for downtime resulting from a force majeure event (Section 13(K)), denial-of-service attacks, viruses, hacking attempts, or other circumstances outside our control.
• Customer breach: No credit is due while you are in breach of this Agreement, or for an event that would not have occurred but for your breach.
• Monitoring and access: You must notify us in advance if you plan to disable, block, or remove any monitoring or security element for more than thirty (30) minutes. No credit is due for events that could have been avoided or mitigated but for such action, your interference with the Services, or your restriction of NodeSpace’s logical access to your configuration.
• Facility changes: We may relocate servers within our data centers, change the provision of the Services, or change URLs or IP addresses. We will give reasonable advance notice and use reasonable efforts to minimize the effect on your Services.

N) Measurement of Time: Time is measured from the timestamp generated by our ticket system or the time an interruption is recorded by our monitoring system, as applicable. If you contact us by telephone, we will open a ticket, and there may be a delay between the call and ticket creation.

O) Requesting SLA Credits: You must request a credit in writing by support ticket or postal mail no later than seven (7) days after submission of the initial trouble ticket or support call. We will respond within thirty (30) days to approve or reject the claim or request more information. Approved credits will appear on the next invoice following approval.

9. COPYRIGHT (DMCA) POLICY

A) Customer Content: Customer owns all content and information (including text, music, sound, photographs, video, graphics, data, and software), in any medium, that Customer or its End Users provide to NodeSpace or store on the Services (“Customer Content”), excluding Third-Party Materials and Background Technology. NodeSpace does not acquire any ownership of Customer Content or Customer websites by hosting them. “Third-Party Materials” means content or software owned by an entity other than NodeSpace and licensed under published terms.

B) Limited License to Customer Content: Customer grants NodeSpace a limited, nonexclusive license to copy, store, transmit, display, and otherwise process Customer Content solely as needed to provide, secure, and support the Services. This license extends to no other purpose and terminates automatically when this Agreement terminates, except for backup copies retained under normal rotation.

C) Background Technology: “Background Technology” means software, configuration, and operating instructions developed by or for NodeSpace and used to host or operate the Services, including control panel integrations and provisioning tools. Customer may not duplicate or distribute Background Technology to any third party without NodeSpace’s prior written consent, or reverse-engineer it except as allowed by law. All rights not expressly granted are retained by NodeSpace.

D) Customer IP Duties: Customer represents and warrants that it holds, and will maintain at all times, all rights (including copyrights, trademarks, and rights of publicity) necessary to reproduce and distribute Customer Content through the Services.

E) Designated Agent: NodeSpace responds to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. § 512, and handles other intellectual property complaints in accordance with applicable law. Notices should be sent to NodeSpace’s designated agent:

Attention: Copyright Agent
NodeSpace Technologies, LLC
13 N Washington Street, Suite 521
Ypsilanti, MI 48197
Phone: 800-304-0345
Email: abuse@nodespace.com

F) Infringement Notices: To be effective, a notice must be in writing and include substantially the following: (i) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) identification of the copyrighted work claimed to be infringed (or a representative list, if multiple works are covered); (iii) identification of the allegedly infringing material and information reasonably sufficient to locate it, such as a URL or IP address; (iv) the complaining party’s name, address, telephone number, and email address; (v) a statement that the complaining party has a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright owner. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material is infringing may be liable for damages.

G) Customer Response and Removal: NodeSpace will forward valid notices to Customer and may require Customer to remove or disable access to the identified material within a stated period. If Customer does not act, or the matter is urgent, NodeSpace may remove or disable access to the material or suspend the affected Service, and will take reasonable steps to notify Customer promptly.

H) Counter-Notification: If Customer believes material was removed or disabled by mistake or misidentification, Customer may send a counter-notification to the designated agent that includes: (i) Customer’s physical or electronic signature; (ii) identification of the material removed or disabled and its location before removal; (iii) a statement under penalty of perjury that Customer has a good-faith belief the material was removed or disabled as a result of mistake or misidentification; and (iv) Customer’s name, address, and telephone number, and a statement that Customer consents to the jurisdiction of the federal district court for the district in which Customer’s address is located (or, if outside the United States, any judicial district in which NodeSpace may be found) and will accept service of process from the person who provided the original notice or that person’s agent. Upon a valid counter-notification, NodeSpace will forward it to the complaining party and may restore the material in not less than ten (10) nor more than fourteen (14) business days, unless the complaining party first notifies NodeSpace that it has filed an action seeking a court order to restrain the alleged infringement.

I) Repeat Infringers: In appropriate circumstances, NodeSpace will terminate the Services and accounts of Customers who are repeat infringers, and may limit or terminate the accounts of Customers who infringe the intellectual property rights of others whether or not there is repeat infringement.

J) Limitation: To the maximum extent permitted by law, NodeSpace has no liability to Customer for any action taken in good faith in response to a notice of claimed infringement or other intellectual property complaint.

10. PRIVACY

NodeSpace’s collection, use, and disclosure of personal information is described in the Privacy Policy, which forms part of this Agreement. To the extent NodeSpace processes personal information contained in Customer Content on Customer’s behalf, NodeSpace does so only to provide, secure, and support the Services, and Customer is responsible for providing any notices to and obtaining any consents from its own users that applicable law requires.

11. SUPPORT POLICY

A) Official Support Channels: Support is provided through the client portal helpdesk, email, live chat, and telephone for Customers whose plan includes phone support. Support is not provided through other channels, such as social media or third-party messaging apps. Please submit a ticket through the helpdesk or by email to use our support services.

B) Hours and Response: General support is available 24 hours per day, 7 days per week. We aim to respond to support tickets quickly, and response-time commitments are stated in Section 8(B-1). Inquiries to billing, sales, abuse, and other departments will be answered within twelve (12) hours. Inquiries are handled on a first-come, first-served basis, except that service-down emergencies, managed services plans, and priority support tickets (Section 11(F)) are prioritized.

C) Providing Access Details: We may ask for login details if we need them to assist you. Please provide credentials only through the encrypted ticket fields, never in plain-text email or chat. Encrypted fields are stored encrypted in our support database and deleted when the ticket is closed. Helpdesk tickets are confidential and visible only to you and our support team.

D) Self-Managed Support Boundaries: For self-managed Services, support covers our area of responsibility: network connectivity, hardware, the virtualization platform, the control panel interface we provide, and Service provisioning and billing. NodeSpace is not obligated to install or configure applications, modules, templates, or programming languages, or to troubleshoot errors produced by software installed or modified by Customer. Work outside these boundaries may be performed at NodeSpace’s discretion for the fees in the Fee Schedule.

E) Managed Support: Customers with an active managed services plan receive the additional support described in Section 3(E), such as software installation and updates, server security maintenance, and resolution of common software errors. Premium Management includes NodeSpace’s premium support coverage, including proactive monitoring and issue resolution as described for that plan.

F) Priority Support Tickets: Customers may purchase priority handling for an individual ticket for the fee in the Fee Schedule, either when creating the ticket or afterward. A priority ticket is handled ahead of standard support tickets, but not ahead of service-down or critical emergencies, scheduled or emergency maintenance, or tickets covered by a managed services plan, and it does not add support channels or levels of support not included in Customer’s plan. If NodeSpace determines that the issue does not warrant priority handling, the fee will be returned to Customer’s account credit balance. Otherwise, priority ticket fees are non-refundable.

G) Knowledge Base: Our knowledge base contains answers to common questions. It is general in nature, may not apply to your specific situation, and is provided without warranty; use care when following its instructions.

H) Customer Communication: Customers are expected to communicate with NodeSpace staff in a courteous manner on every support channel. NodeSpace may end a communication, or restrict Customer’s access to one or more support channels temporarily or permanently, because of conduct such as:

• harassment of or threats against staff, NodeSpace, or our vendors, suppliers, or affiliates;
• abusive language or yelling, particularly after being asked to stop;
• refusal to provide information reasonably needed to resolve the issue; or
• abuse of support channels, such as ticket flooding.

12. FEE SCHEDULE

The following fees apply in the circumstances described in this Agreement. Prices for products, add-ons, software licenses, and third-party services are listed in our billing system and on our website.

NodeSpace is not responsible for Customer’s failure to keep backups, or for data corruption or loss where a backup was available.

13. GENERAL PROVISIONS

A) Warranty Disclaimer: Except as expressly provided in this Agreement, NodeSpace’s Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by law, NodeSpace disclaims all warranties and conditions of any kind, express, implied, or statutory, including implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose.

B) Indemnification: Customer shall defend, indemnify, and hold harmless NodeSpace and its officers, directors, owners, managing agents, attorneys, related entities, heirs, and assigns from and against any and all claims, demands, actions, suits, losses, liabilities, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees, arbitration fees, and expert expenses) arising from (i) Customer’s or its agents’ or End Users’ failure to comply with this Agreement; (ii) Customer Content; or (iii) any property damage or economic loss incurred by a third party to the extent caused by an act or omission of Customer, its agents, or its End Users. NodeSpace may participate in the defense of any such claim through counsel of its own choosing at Customer’s expense. Customer is expected to comply with U.S. law and the laws of the jurisdiction in which Customer resides.

C) Independent Contractors: NodeSpace and Customer are independent contractors, and nothing in this Agreement creates a principal-agent, partnership, or joint-venture relationship. Neither party may make contracts in the name of, or otherwise bind, the other party.

D) Governing Law and Changes: This Agreement is governed by the laws of the State of Michigan, without regard to its conflict-of-law rules. NodeSpace may update this Agreement, including the Fee Schedule, from time to time. Updated versions will be posted on this page with a revised “Last updated” date, and NodeSpace will provide at least thirty (30) days’ advance notice of material changes by email to the account contact address or through the client portal. Changes take effect on the date stated in the notice (or, for non-material changes, when posted) and apply prospectively only. Continued use of the Services after a change takes effect constitutes acceptance of the change; if Customer does not agree, Customer may cancel the affected Services before the change takes effect. Changes will not apply to disputes that arose before the change.

E) Arbitration: Except for claims that qualify for small-claims court and claims seeking injunctive relief to protect intellectual property or prevent unauthorized use or abuse of the Services, all claims and disputes arising under or relating to this Agreement will be settled by binding arbitration in the State of Michigan or another location mutually agreeable to the parties (or, for an individual Customer acting for personal, family, or household purposes, in the county where Customer resides or by video conference). The arbitration will be conducted on a confidential basis under the Commercial Arbitration Rules of the American Arbitration Association, or its Consumer Arbitration Rules where those rules apply, by an arbitrator experienced in intellectual property and contract law. Any award will be in writing, explain the conclusions of law and fact, and may include the assessment of costs, expenses, and reasonable attorneys’ fees to the prevailing party to the extent permitted by applicable law and the applicable arbitration rules. The parties may object to any arbitrator employed by or affiliated with a competing organization. An award may be confirmed in any court of competent jurisdiction.

F) Limitation of Liability: To the maximum extent permitted by applicable law, NodeSpace’s total liability in connection with this Agreement or the Services will not exceed the amount paid by Customer to NodeSpace during the three (3) months before the claim arose. NodeSpace will not be liable for (a) any loss of use, loss of data, or interruption of business, or (b) any indirect, special, incidental, consequential, or punitive damages (including lost profits), regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, even if NodeSpace has been advised of the possibility of such damages. Customer acknowledges that these limitations are an essential element of this Agreement.

G) Severability: If any provision of this Agreement is found invalid or unenforceable by a court or other tribunal, the remaining provisions will continue in full force and effect, and the tribunal may reform the unenforceable provision to the extent possible consistent with the parties’ intent.

H) Entire Agreement and Order of Precedence: This Agreement, together with the Privacy Policy, the Partner Program Agreement (for program participants), and any signed order or custom quote, is the entire agreement between the parties regarding its subject matter and supersedes all prior and contemporaneous agreements, policies, understandings, and communications, whether written or oral, including any previously published NodeSpace Terms of Service and standalone policies. If there is a conflict, the following order applies: (1) a signed order or custom quote; (2) for domain transactions, applicable registry rules and ICANN policies; (3) this Agreement; (4) other incorporated documents, except that the Partner Program Agreement controls for program participation.

I) Assignment: Customer may not transfer, assign, or delegate this Agreement or its rights or obligations without NodeSpace’s prior written consent. NodeSpace may transfer, assign, or delegate this Agreement.

J) Export and Sanctions Compliance: Customer is responsible for complying with all applicable export control and sanctions laws, including the U.S. Export Administration Regulations and regulations administered by the U.S. Treasury Department’s Office of Foreign Assets Control. Customer represents and warrants that it is not located in, under the control of, or a national or resident of any U.S.- or U.N.-embargoed country, and is not on the Specially Designated Nationals List, the Entity List, the Denied Persons List, or the Debarred Parties List. Customer will not use the Services for the development, design, manufacture, production, stockpiling, or use of nuclear, chemical, or biological weapons, weapons of mass destruction, or missiles. Customer will not transfer to or through the Services any data controlled under the International Traffic in Arms Regulations (“ITAR Data”) unless NodeSpace has agreed in writing and (i) Customer has given NodeSpace at least ten (10) days’ prior written notice, (ii) Customer has received any required prior written authorization from the U.S. Government, and (iii) Customer provides NodeSpace all necessary assistance to obtain any required U.S. Government permission. Customer will reimburse NodeSpace for all costs, expenses, or damages incurred in connection with Customer’s transfer of ITAR Data.

K) Force Majeure: Except for Customer’s payment obligations and compliance with the Acceptable Use Policy, neither party will be in breach of this Agreement for a failure to perform caused by events beyond its reasonable control, such as significant failure of the power grid or the Internet, sabotage, denial-of-service attacks, natural disaster, war, riot, insurrection, epidemic, labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry. If a force majeure event continues for more than thirty (30) days, either party may terminate the affected Services.

L) Official Language: This Agreement is written in English, and no translation may be used in its interpretation. All Services, support, and notices will be provided in English.

M) Notices and Contact: Customer notices to NodeSpace must be sent through the client portal support system or in writing to NodeSpace Technologies, LLC, Attn: Legal, 13 N Washington Street, Suite 521, Ypsilanti, MI 48197. NodeSpace may provide notices to Customer by email to the account contact address, through the client portal, or by posting on this page where this Agreement permits.