Welcome to Warp Speed Hosting. By using Warp Speed Hosting Services on the Internet
(the "Service") you are hereby expressly agreeing to the terms and
conditions set forth below. If you do not agree with the terms and
conditions herein for any reason, you must discontinue your use of the
service immediately, and notify Warp Speed Hosting
according to our "Termination of Service" clause.
These terms are between Warp Speed Hosting (hereinafter "Warp Speed
Hosting") and the party signing up for services (hereinafter "Customer").
SPEED HOSTING, agrees to provide to Customer shared web hosting services,
email hosting services, dedicated server services, virtual private server
services, web site design, web site programming, SEO (search engine
optimization) services, online advertising services, domain registrations, domain
renewals, and domain modifications (herein after known as: "Service") based
on which services are chosen by the customer and agreed to by Warp Speed
Hosting. All such services provided by Warp Speed Hosting are in accordance with the terms and conditions set forth in this
|1.ACCEPTANCE OF Warp Speed Hosting POLICY|
It is a condition to your use of the Service that you accept and agree to the Warp Speed Hosting Policy included in these subscription materials. By using the Service you acknowledge and agree that you have read and understand each provision of the Warp Speed Hosting Policy, and you agree to comply with this Policy.
These are the terms of services for any and all services which Warp Speed
Hosting provides to its customers. Acceptance of these terms applies
to any and all past, present, or future Services which Warp Speed Hosting provides
or has provided to any Customer.
|2.SUBSCRIPTION TO Warp Speed Hosting SERVICES|
Warp Speed Hosting requires full payment for the Service before the Service may be accessed and used
although Warp Speed Hosting may solely elect to allow balances to accrue and
bill for such balances after any such service has already been provided. You may subscribe
for the Service at the rates and under any one of the alternative subscription methods described in the
plan pricing on our web site. The plans on our site are in
reference to our web hosting services. If a plan is customized for the
Customer, a price will be sent to the Customer via email as notification of
their pricing. Payment is expected to be received before Customer may select
their password and access the
Service. In the event that payment is suspended or interrupted for any reason, then your account will be in default and
subject to suspension or termination at Warp Speed Hosting's election.
Termination of the account does not waive or limit any of your liabilities
or obligations. Subscription rates may be changed from time to time, and any
changes will be accessed on your next pay period. Any taxes and third party
charges will be separately charged to you, in addition to the subscription
rates and Service. Additionally, any premium services such as premium spam
filtering, programming, or design shall be due when services are rendered.
Premium spam services will reduce spam significantly although not completely
as there is a fine balance between removing spam and not removing legitimate
emails, therefore there are no guarantees of exactly how successful premium
spam services will be. Due to various technical issues, no
services provide for guaranteed results. It is the Customer's
responsibility to choose to cancel any service which they believe they are
not receiving the results they expect. Any and all services rendered
prior to cancellation / termination of the Service term (per paragraph 19)
is accepted as a service which shall be paid in full by the Customer.
Any invoice or statement of monies due which is sent to a Customer via email
is considered accepted by the Customer if it is not disputed in writing
within 30 days. Customer must receive a written receipt for any such
disputed invoice or balance due such as a reply to the disputed email.
A disputed invoice or statement for monies due sent by the Customer via US
Postal Service Certified Mail return receipt shall also suffice as a written
receipt of disputing an invoice or statement / balance of monies owed.
|3.LAWFUL USE OF SERVICE|
In addition to use of the Service as described in the Warp Speed Hosting Policy, you further agree that you will not access or use the Service for any criminal or unlawful purposes; or for the transmission of any material in violation of any State or Federal laws or regulations, including, but nor limited to any material:
a. in violation of United States Copyright Laws
b. in violation of United States Trade Secret Laws
c. previously judged to be threatening or obscene
|4.RESTRICTIONS ON USE OF SOFTWARE; NO TRANSFER OF SERVICE|
Your subscription to use the Service entitles you to use Warp Speed Hosting web server software (the "Software") for the sole purpose of hosting using the Service, that you may not:
a. disassemble, decompile, or reverse engineer the Software
b. modify the Software
c. copy the Software for any reason
Your subscription only entitles you to use the Service, and you may not transfer your rights to use the Service to any third party. This restriction is in addition to, but subordinate to the GNU-style licenses that govern the server software itself.
|5.DISCLAIMER OF WARRANTIES|
By your use of the Service, you acknowledge that Warp Speed Hosting is a provider of news on the Internet, and as such makes no attempt to filter, censor, control, or regulate the flow of data, programs, software, graphical images, animations, merchandise, etc., on the Internet to or from any of its customers or any other provider or Internet user. Consequently, Warp Speed Hosting can make no warranty of any kind, expressed or implied, including, but not limited to, warranties for fitness of purpose or of merchantability, with regard to the quality, content, accuracy, validity, artistic worth, or even legality of the data, programs, graphical images, information, etc., that are available. You are also hereby cautioned that some of this material may be of an offensive or obscene nature. You further acknowledge that Warp Speed Hosting makes no representations with respect to the nature, quantity or quality of content obtain through the Service, and it makes no representations with respect tot the speed of access to the Service. Essentially, Warp Speed Hosting will not be responsible for any damage that you may suffer from the loss of data resulting from non-deliverance, miss-deliverance, delay, service interruptions or outages, or from any errors or omissions by Warp Speed Hosting or any of its customers.
You further acknowledge that you have read all of Warp Speed Hosting intellectual property notices included with these subscription materials, and that you understand and agree with each of these notices. You understand that Warp Speed Hosting the Service, and each of the trademarks used by Warp Speed Hosting to identify the Service are separate and distinct from the good or services provided by any other company, organization or service.
Customer agrees to indemnify, defend and
hold harmless WARP SPEED HOSTING, their respective affiliates, directors,
officers, employees and agents from all claims, liabilities, loss, damage,
and expenses of any nature (including fees and expenses of legal counsel and
costs of litigation) arising from or in connection with: (a) any dispute or
claim made by any third party with respect to any transaction, including but
not limited to, any such dispute concerning the quality, fitness or delivery
of merchandise or the performance or quality of services of the Customer;
and (b) the failure of Customer to comply with the provisions of this
Agreement, Association Regulations or applicable federal, state or local
laws and regulations.
|8.LIMITATION OF LIABILITY|
TO THE FULLEST EXTENT PERMITTED BY LAW, NO
CLAIM MAY BE MADE BY CUSTOMER AGAINST WARP SPEED HOSTING OR ANY OF THEIR
RESPECTIVE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS OF ANY OF
THEM FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE
DAMAGES IN RESPECT OF ANY CLAIM ARISING FROM OR RELATING TO THIS AGREEMENT
OR ANY STATEMENT, COURSE OF CONDUCT, ACT, OMISSION OR EVENT OCCURRING IN
CONNECTION THIS AGREEMENT (UNLESS FOR BREACH OF CONTRACT, OR TORT). CUSTOMER
HEREBY WAIVES, RELEASES AND AGREES NOT TO SUE UPON ANY CLAIM FOR ANY SUCH
DAMAGES, WHETHER SUCH CLAIM PRESENTLY EXISTS OR ARISES HEREAFTER AND WHETHER
OR NOT SUCH CLAIM IS KNOWN OR SUSPECTED TO EXIST IN ITS FAVOR.
You are responsible for the protection of your password and for any authorized or unauthorized use made of your password. You hereby agree not to use, or permit others to use, the Service without authorization. Warp Speed Hosting will fully cooperate with all law enforcement authorities in the investigation and prosecution of any such illegal or malicious activities.
|10. FTP CONNECTIONS|
Connection with dedicated Ftp Software are limited to movement of files to and from customer web sites. FTP from customer sites is allowed only with prior notice to, and approval of, Warp Speed Hosting.
Robots, Bots, Spiders, Crawlers, etc. are not welcome on our web sites. They are intrusive and kill system performance for
other users. There are many ways to hide Bots, and many ways to find them. If you are caught, your subscription will be
terminated. This is a shared web hosting service. Warp Speed Hosting, at its sole discretion, may terminate a customer's
site should their CPU, ram, disk I/O usage, or other resources used be excessive and harm the performance of other sites
on the machine. Warp Speed Hosting may, at its sole discretion, offer an alternative plan / service or dedicated
service for such a customer and may offer to apply any unused balance towards the new service. Otherwise, there are no
refunds for unused services.
|12.CONFIDENTIALITY OF INFORMATION|
Subscription information is treated as confidential and will not be sold, shared, or provided to anyone, unless the subscriber is found to be participating in illegal activities through the service, and the user information is solicited through court order. We do not support software designed to collect e-mail addresses from news group posts. If we find this type of software in use by a subscriber, their subscribership will be terminated. We will also continually look for methods to disable such software when used in conjunction with our service.
|13.SPAM AND MESSAGE CONCELLATIONS|
Spam, defined as commercial messages posted to non-commercial news groups, off topic posts to a newsgroup, large scale
redundant posts, or unsolicited email messages are not permitted via the service. Users posting Spam messages will be
subject to the Warp Speed Hosting general policies in this regard. Those wishing to advertise via Usenet news services are welcome to place their URL's in the subject line of posts.
We will not mediate disputes arising within a newsgroup , or result of unsolicited e-mail sent by a subscriber. The
crucial elements of Usenet news and email are freedom of speech within a public forum and we will not do anything that
diminishes that right. Again, Spam is absolutely not tolerated on this system. Any user who attempts to use our services to send unsolicited email messages or bring traffic back to their web site through the use of Spam will be terminated.
|14. DISPUTES / CLAIMS UNDER THIS AGREEMENT|
Use of Warp Speed
Hosting services represents an acceptance of these terms. This Agreement will
be governed in accordance with the laws of the State of Florida, without reference to conflict of laws
CUSTOMER HEREBY IRREVOCABLY AND UNCONDITIONALLY; (A) AGREES THAT ANY ACTION, SUIT OR PROCEEDING BY ANY PERSON ARISING FROM OR RELATING TO THIS AGREEMENT OR ANY STATEMENT COURSE OF CONDUCT, ACT, OMISSION OR EVENT OCCURRING IN CONNECTION WITH THIS AGREEMENT (COLLECTIVELY, RELATED LITIGATION), MUST BE BROUGHT IN A STATE OR FEDERAL COURT (IF ACTION OR SUITE CANNOT BE BROUGHT IN STATE COURT) OF COMPETENT JURISDICTION SITTING IN PALM BEACH COUNTY, FLORIDA; (B) SUBMITS TO THE JURISDICTION OF SUCH COURTS; (C) WAIVES ANY OBJECTION WHICH IT MAY HAVE AT ANY TIME TO THE LAYING OF VENUE OF ANY RELATED LITIGATION BROUGHT IN ANY SUCH COURT. WAIVES ANY CLAIM THAT ANY SUCH RELATED LITIGATION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM, AND WAIVES ANY RIGHT TO OBJECT, WITH RESPECT TO ANY RELATED LITIGATION BROUGHT IN ANY SUCH COURT, THAT SUCH COURT DOES NOT HAVE JURISDICTION OVER CUSTOMER; (D) CONSENTS AND AGREES TO SERVICE OF ANY SUMMONS, COMPLAINT OR OTHER LEGAL PROCESS IN ANY RELATED LITIGATION BY REGISTERED OR CERTIFIED U.S. MAIL, POSTAGE PREPAID, TO CUSTOMER AT THE ADDRESS DESCRIBED BELOW AND CONSENTS AND AGREES THAT SUCH SERVICE SHALL CONSTITUTE IN EVERY RESPECT VALID AND EFFECTIVE SERVICE (BUT NOTHING HEREIN SHALL AFFECT THE VALIDITY OR EFFECTIVENESS OF PROCESS SERVED IN ANY OTHER MANNER PERMITTED BY LAW); AND (E) WAIVES THE RIGHT TO TRIAL BY JURY IN ANY RELATED LITIGATION.
Agreement shall be governed by the laws of the State of Florida. Each party
hereto agrees that in the event that the other party is required to engage
an attorney to enforce any of the terms or obligations contained in this
Agreement, the non-prevailing party shall pay all reasonable costs and
expenses of that attorney or firm, whether or not a complaint or suit is
filed with any court of competent jurisdiction.
Subscriber is solely responsible for the contents of his or her transmissions through the Service. Subscriber's use of the Service is subject to all applicable local, state, national and international laws and regulations. Subscriber agrees to comply with U.S. law regarding the transmission of technical data exported from the United States through the Service, not to use the Service for illegal purposes, not to interfere or disrupt networks connected to the service and to comply with all regulations, policies, and procedures of networks connected to the Service. Subscribers will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. Subscriber agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material that encourages conduct that could constituted in criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access shall not interfere with another subscriber's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
|16. DOMAIN NAME REGISTRATION|
While Warp Speed Hosting helps facilitate the registration process for an individual or organization, it does not
endorse any of the requested domains, nor the individual/organizations registering them. Registration of a domain
name is not refundable and is completed at the point of sale for various reasons including the inability for Warp
Speed Hosting to delete the domain after it is registered and receive credit back for its registration.
Registration of domains is a courtesy service that Warp Speed Hosting provides for its customers which facilitates
hosting services yet it is quite separate from the hosting service itself as we do not create these domains
ourselves. We reserve the right to refuse registration services to any potential or current user wishing to make
inappropriate or unreasonable use of this service. The determination of what constitutes inappropriateness is up to Warp
Speed Hosting, Inc.'s sole judgment. By applying for the domain name, and through the use or continued use of the domain
name, the applicant also agrees to the domain registration terms of service within Network
Solutions, Inc. as applicable to domain name registrations, renewals, and
domain services so long as such terms do not conflict with this agreement.
Customer agrees that it is their responsibility to view Network Solutions
terms incase they change as such changes will become part of this agreement.
Customer agrees that Warp Speed Hosting may (at its sole
discretion; and under no obligation) renew any domain which is currently being serviced by Warp Speed Hosting. It is
understood by the Customer that such an elective renewal may occur so as to help avoid potential downtime of services being provided by Warp Speed Hosting
and or to secure a domain for any balances which may be owed by Customer to
Warp Speed Hosting.
by Warp Speed Hosting without the Customer's expressed request will not exceed a two-year registration renewal. Customer agrees to pay for the retail price of domain registration
renewals which are automatically renewed by Warp Speed Hosting and that such
payments will first be applied to any hosting service balance owed and then
to domain name registration renewal amounts due. Customer understands and
agrees that prior to a balance being paid in full, Warp Speed Hosting may,
as its sole election, renew the domain with the funds of Warp Speed Hosting
and change the registrant ownership information to Warp Speed Hosting in order
to secure the domain until payment is received in full. Once payment
is made in full, Warp Speed Hosting will transfer ownership of the domain to
the previous owner of the domain. Customer
understands and agrees that Warp Speed Hosting may solely elect to provide no services on such secured
domain until any and all balances are paid. Customer agrees to maintain current all Whois information
for Customer's domain name. Customer is solely responsible for knowing the expiration dates required for renewal
and understands that their hosting services may be interrupted should their
domain expire. Customer further understands that they may loose
all rights to the ownership of their domain name after the domain expires. Customer
therefore understands and agrees that it is Customer's sole responsibility
(under any and all circumstances) to renew their domain name prior to
Customer agrees that sections 7 (indemnification) & 8 (limitation of
liability) of these terms apply to this entire agreement including domain
name registrations and/or renewals. Attempting to renew domain names after the expiration date are not guaranteed, and attempting to renew domain names after
the expiration date may result in additional fees, whether or not such attempts to recover domain names from redemption,
expiration, or deletion are successful. Please note that domain registration, renewal, and private registration fees are not refundable.
|17.COMMERCIAL WEB HOSTING|
Warp Speed Hosting make its servers available to subscribers of its web hosting services, but does not endorse any of the items hosted on its servers. We reserve the right to refuse hosting services to any potential or current user wishing to make inappropriate or unreasonable use of our hosting services, which could have a negative impact on Warp Speed Hosting's ability to serve its other customers. The inappropriateness or reasonableness of a customer's "web presence materials" shall be determined by Warp Speed Hosting's sole judgment. Examples of inappropriate or unreasonable use:
-Providing materials that the government deems illegal. Providing "adult" material on an open site that could be accessed by children.
-Promoting or sending out unsolicited commercial email or Spam.
-Excessive consumption of disk space, bandwidth, CPU, email, etc. that interferes with our ability to serve other customers at our service.
Users notified of inappropriate usage, who fail to correct the situation will lose their hosting account with our service. In the event that this happens, Warp Speed Hosting is not required to prorate a refund for the remaining time left within a given account. In the event that a customer leaves the service for any reason, Warp Speed Hosting is under no obligation to keep their server name or net address on record. In addition, any data, files, or "web presence" materials will be removed from our local servers upon the termination of an account. On a related note, though our Corporate packages permit customers to use their accountants for binary or software archival purposes, this would not be allowed for Personal accountants. While our hosting customers are permitted to utilize CGI scripts as a component of their "web presence", we will not provide any answers or support to issues relating to acquiring, learning, programming, debugging, installing, and running CGI scripts. Our web hosting packages are intended for the user that establishes a service contract with our company. As a result, disk space, email boxes, and any part there in, may not be redistributed or resold to another individual or organization. We pride ourselves on providing a quality Web Hosting service at a very competitive prices, and in return ask that our current customers pay for this service in a timely fashion. Payment for the first time subscribers will need to be received prior to establishing any type of web presence on our local systems, and existing customers will be billed for their service on an automated basis, month to month. If a monthly payment is not received in a timely fashion, they will be notified, and their account maybe disabled until we have received payment for the next billing cycle. Customer agrees that solely failing to pay monthly subscription fees does not constitute termination of services. Warp Speed Hosting is not required to store, save, or transfer any data that remains within a customers web presence account after they have left the service or their subscribership has been disabled. In all cases, interpretations of Policy and final decisions and actions rest with Warp Speed Hosting services.
|18.CREDIT CARD / ELECTRONIC CHECK|
Customer agrees to have Warp Speed Hosting charge their credit card on a
monthly basis during their service period. Any electronic checks will be
charged for periods exceeding 3 month prepayment of service at a time.
Customer agrees that submitting credit card information,
providing checking accounts and routing numbers, or mailing / faxing a
signed check gives Warp Speed Hosting the right to automatically debit the
services charges due from such a credit card or bank automatically as they
are due and or any past due balances due to unsuccessful prior charges. Customer
agrees that these charges will continue until termination of service
occurs. Customer understands and agrees that all balances owed to Warp Speed
Hosting under this agreement are valid charges.
|19. TERMINATION OF SERVICE|
You may terminate your use of the Services at any time by notifying Warp
Speed Hosting via email or by fax with a 30 day notice. Customer must
receive confirmation of this notification via email, fax, or mail
from Warp Speed Hosting
in order to be considered valid. Without a
written confirmation of cancellation from Warp Speed Hosting, all claims of
termination requests are agreed to be invalid. Payment of your
subscription will entitle you to the use of the Service under the terms of
this Agreement and Warp Speed Hosting Policy through the end of the period
from which you have subscribed. Any customers who elect a term greater than
month-to-month must cancel their services 30 or more days prior to the end of their agreed
upon term although no refunds shall be given for unused portions of services
committed to. Failure to cancel services 30 days or more prior to the end of the term shall result in a renewal of
said term. Warp Speed Hosting is not responsible for your failure to use
the services/plans offered by Warp Speed Hosting. You have the right to
cancel the services/plans that you have purchased at any time. Therefore,
non-use of the services/plans offered does not constitute a cancellation of
said services/plans. Customer agrees that Warp Speed Hosting has the
right to terminate any Customer for any reason given 30 days of
There are various versions of Warp Speed Hosting hosting services. Because all access draws from the same system resource pool used by paying subscribers, we do not offer free trial periods as a way of soliciting new business.
Warp Speed Hosting will not reimburse to you any unused subscription charges
if you elect for any reason not to use the Service during any portion of the
period for which you have subscribed. We have a no
refund policy and any refunds granted are at the sole discretion of Warp
b.) Customer shall not subcontract, assign nor transfer any interest, obligation or right under this Agreement without the prior written consent of WARP SPEED HOSTING. Any dissolution, merger, consolidation, reorganization or transfer of substantially all assets or a controlling percentage of the corporate stock of Customer shall constitute an assignment of this Agreement. Subject to the foregoing, this Agreement shall be binding upon and inure to the benefit of the parties and their successors or assigns.
shall, by the mere lapse of time, without giving notice or taking other
action, be deemed to have waived any of their rights under this Agreement.
No waiver of a breach of this Agreement shall constitute a waiver of any
prior or subsequent breach of this Agreement.
f.) If the Customer is or becomes the subject of any insolvency, bankruptcy, receivership, dissolution, reorganization or other similar proceeding, federal or state, voluntary or involuntary, under any present or future law or act, Customer consents to the immediate and absolute lifting of any stay as to the enforcement of remedies under this Agreement, including specifically the stay imposed by section 362 of the United States Federal Bankruptcy Code, as amended.
Customer agreeing on behalf of a party represents and warrants that it has
the full legal capacity and authority to enter into and perform the
obligations of this Agreement without any further approval.
Construction: This Agreement shall be construed within the fair meaning of
each of its terms and not against the party drafting the document.
k.) All notices, including invoices, given in connection with this Agreement, shall be in writing and deemed received 48 hours after deposit in first class United Stated mail, postage prepaid, or if given by other means, upon actual receipt. Notices shall be delivered to the appropriate party at its address
l.) Nothing in this Agreement shall be deemed to create a partnership, joint venture or any agency relationship between the parties.
m.) Customer agrees that these terms apply to any and all previous services / relationships it has had with Warp Speed Hosting.
n.) Liability of Owner(s):
r.) Each party to this agreement
acknowledges that it has had time to review this agreement with an attorney.
|This Agreement may be materially
altered by Warp Speed Hosting by posting the new version of the Agreement at
http://www.warpspeedhosting.net/signup/eula.html and if posted in this
manner, shall be effective immediately upon posting such notice. A link to
our terms is also provided at the bottom of the front page of the Warp Speed
Hosting web site located at:
http://www.warpspeedhosting.net/. In the event that Warp Speed Hosting
does materially change the terms of this Agreement, you accept and shall be
bound by such amended or modified terms unless you opt to terminate the Agreement within
thirty days (30) of the posting of notice of such change at
Customer, therefore agrees to check and read these terms monthly at:
|22. THIRD PARTY SERVICES|
|Customer understands and agrees that Warp Speed Hosting may use third parties for
the benefit of our customers. Those services include third party domain registrars for the registering and renewing of
domain names, premium spam filtering services, email services, and data archiving services. Customer agrees to be legally
bound by the terms of services of any such third party's services used for their benefit by Warp Speed Hosting. Customer
agrees to read and agree to the following terms of Services for Google's various services located at:
(which includes Google apps message discovery (email archiving service)
Customer agrees to read these terms monthly and to notify Warp Speed Hosting within 30 days of any changes to these terms that it does not agree to. Customer understands and agrees that if it disagrees with any modifications to these terms it will contact Warp Speed Hosting immediately to cancel said services.