Customer agrees to indemnify, defend, and hold harmless Warp Speed Hosting, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees), WHETHER ASSERTED BY THE CUSTOMER OR ANY THIRD PARTY, arising out of or related to:
(a) Customer's use of the Services;
(b) Customer's violation of this Agreement or applicable law; and
(c) any claim, damage, or loss, INCLUDING THOSE ARISING FROM THE NEGLIGENCE OF WARP SPEED HOSTING, except to the extent caused by Warp Speed Hosting's gross negligence or willful misconduct.
 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WARP SPEED HOSTING OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, OR BUSINESS INTERRUPTION), ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WARP SPEED HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CUSTOMER AGREES THAT THE TOTAL AGGREGATE LIABILITY OF WARP SPEED HOSTING FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO WARP SPEED HOSTING FOR THE SERVICES DURING THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. For purposes of calculating any limitation of liability under this Agreement, amounts paid for third-party licensing, subscription, software, cloud platform, archiving, or other pass-through provider services, including but not limited to Microsoft, Intermedia, Google, and similar third-party provider charges, shall be excluded from the calculation of Warp Speed Hosting's aggregate liability. Only amounts paid directly to Warp Speed Hosting for its own Managed Services, migration services, or other professional services shall be included in such calculation. Customer hereby knowingly and voluntarily waives any and all claims against Warp Speed Hosting for damages arising from Warp Speed Hosting's ordinary negligence. Nothing in this Agreement shall limit or exclude liability for Warp Speed Hosting's gross negligence or willful misconduct to the extent such limitation or exclusion is prohibited by applicable law.
 

This Agreement shall be governed by the laws of the State of Florida. In the event that Warp Speed Hosting engages an attorney to pursue or defend any action under this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs from the non-prevailing party, whether or not a complaint or suit is filed with any court of competent jurisdiction. If no attorney is engaged by Warp Speed Hosting in connection with such action, no attorney's fees shall be recoverable by any party, whether or not a complaint or suit is filed.

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 in case 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.  A renewal 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 accrued interest charges, then to late payment fees and finally applied to any hosting service outstanding 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 a lien on Customer's domain name until all Warp Speed Hosting balances are received and paid in full.  Once payment is made in full for all Warp Speed Hosting balances, 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 lose 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 expiration.  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.

c.) No party 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.

d.) In order to maintain quality service, telephone communications with Customer may be monitored and/or recorded by Warp Speed Hosting without further notice or disclosure.

e.) No party shall be liable for any loss or damage due to causes beyond its control, including earthquake, war, fire, flood, power failure, acts of God or other catastrophes.

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.

g.) Each individual 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.

h.) This Agreement and the documents referenced herein constitute the entire understanding of the parties with respect to the subject matter of this Agreement. Any and all other portion(s) and/or term(s) of any other written agreements between the parties which do not conflict with the terms of this Agreement are, upon execution, incorporated into this Agreement. Any modifications to this Agreement, including any modification containing conflicting terms, must be in writing and signed by the parties, and must specifically identify the original provision being modified and the revised provision intended to supersede the applicable term(s) of this Agreement. No oral statements, course of conduct, email exchanges, or other communications shall constitute a modification of this Agreement unless expressly set forth in a written agreement signed by the parties.

i.) Construction: This Agreement shall be construed within the fair meaning of each of its terms and not against the party drafting the document.

j.) If there is any conflict between a part of this Agreement and any present or future Association Regulation or applicable federal, state or local law or regulation, only the part of this Agreement that is affected shall be modified and that modification shall be limited to the minimum necessary to bring this Agreement within the requirements of the Association Regulation, law or regulation.

k.) All notices, including invoices, given in connection with this Agreement shall be in writing and may be delivered via email to the email address set forth in Customer's account records, and shall be deemed received upon transmission unless a delivery failure notice is received.

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):
Customer (the individual who engages our services) of Warp Speed Hosting and the Owner(s) of any entity (should Customer be receiving services on behalf of an entity such as a corporation, LLC, partnership, trust, etc.) agree to be jointly liable (personal and corporate liability) for all debts incurred by using the Service(s) should the account be billed to a corporate entity, trust, partnership, or L.L.C.   Customer states that they have the authority to agree to these terms on behalf of the entity and the entity's owner(s).

o.) Severability:  In the event that any one or more of the provisions contained herein shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions of this agreement, but this agreement shall be construed as if such invalid, illegal or unenforceable provisions had never been contained herein, unless the deletion of such provision or provisions would result in such a material change so as to cause completion of the transactions contemplated herein to be unreasonable.

p.) Survival:  Any termination of this Agreement shall not affect the ongoing provisions of this Agreement which shall survive such termination in accordance with their terms.