Home | Web Hosting | Resellers | VPS/Dedicated | E-mail | About Us | Customer Login
|
Terms of Service Prior to purchasing Warp-Factor Technologies web services, please take a few moments to review our Terms of Service. This will eliminate any future misunderstandings regarding our policy. |
|
The below agreement is a legal and binding contract between Warp-Factor Technologies and all of our customers. By using or continuing to use any product or service provided by Warp-Factor Technologies, you are legally bound by this agreement. Use of our service explicitly implies your agreement with this contract and the provisions herein. This contract ("Agreement," "Contract," "Terms of Service," "TOS") is made and effective as of the start of service, by and between you ("Client," "Customer," "You") and Warp-Factor Technologies ("Warp-Factor," "Warp-Factor Technologies," "Us"). Warp-Factor Technologies owns, distributes, provides, and serves select internet-based products and services including: shared web hosting, reseller web hosting, dedicated server solutions, backup services, domain name registration services, and any other services listed for sale on our website at www.warp-factor.net. Where you, the customer, chooses to utilizes some or all of these services to create, generate, or maintain an online web presence used for business, personal, or other purposes on the internet. Thus, the parties hereto agree with the following considerations as set forth in this agreement: 1. Warp-Factor Products and Services 1.1 Warp-Factor Technologies agrees to provide to the customer the services selected by the client in Warp-Factor's selection of products and services as noted and described at www.warp-factor.net. 1.2 These products and services provided by Warp-Factor Technologies will be provided in accordance with all provisions noted herein. 2. Payment and Invoicing 2.1 With the provision of these products and services, the customer shall pay Warp-Factor Technologies in advance the amount set forth as described on our website and contained within our customer database at https://billing.warp-factor.net. Payment shall be made on a monthly, quarterly, semiannually, yearly, or biannual term, as selected by the customer. 2.2 Pricing for products and services may increase or decrease as set forth on our website. The customer will retain the amount as agreed to upon acceptance of this agreement and during the initial purchasing/ordering process. 2.3 The customer shall receive a confirmation letter via e-mail directly after the customer contracts Warp-Factor Technologies to provide the services, which will confirm the fees and amounts which will be due to Warp-Factor Technologies during each billing period. The billing statement sent at the beginning of each new term will indicate the fees due to the customer for the upcoming service period. 2.4 The customer is responsible for all charges resulting from the customer's use of any Warp-Factor Technologies service. The customer agrees to pay all fees resulting from bandwidth overages, surcharges, and other charges incurred by the client and set forth by the payment agreement forged with Warp-Factor Technologies. The customer acknowledges that no refunds will be given should the account be terminated by Warp-Factor Technologies or the customer during the term. In the event of a security breach, the customer shall be liable for any and all unauthorized use of the services provided by Warp-Factor Technologies until which time the customer notifies Warp-Factor Technologies by opening a ticket via www.warpsupport.com to the Abuse Department containing account information. 2.5 A listing of current rates for Warp-Factor Technologies products and services is available on our website at www.warp-factor.net. As set forth in section 2.2, we reserve the right to modify our pricing structure and product availability available to new customers at any time. The client shall retain pricing as set forth in the initial pricing agreement generated by our automated order system at time of sign-up, despite any changes that may be reflected in pricing or otherwise on our website. 2.6 (Vocabulary: Invoice date - The date the invoice is initially generated. This is three (3) days prior to the actual due date. Due date - The anniversary date of the package, and the date the invoice is actually due. Past due - An invoice which has not been paid by the due date is defined as past due.) Invoices are generated three (3) days prior to their due date. This gives customers advance warning so that they do not encounter late fees as a result of late payments. If Warp-Factor Technologies does not receive the full amount of the customer's balance by the due date listed on the invoice, a late charge of not less than $5.00 and not more than $25.00 will be applied to the customer's account and shall be due and payable. Accounts which are past due for a period of more than three days are subject to temporary suspension, until which time payment is made. If a customer has multiple hosting accounts with Warp-Factor, the entire account will be considered past due even if just one invoice is past due. This means that when one service is to be suspended, all services on the account will be suspended. Each service (hosting, e-mail account) that is suspended will result in a $10.00 suspension charge applied to the customer's account. Accounts will not be unsuspended until ALL outstanding invoices on the account are paid. Furthermore, accounts which remain unpaid (past due) for a period of ten (10) days or more will be released to our Collections Department. At this time, a collections charge of not less than $75.00 and not more than $150.00 will be applied to the customer's account for those accounts who are turned over to the Collections Department. This fee will be determined at our sole discretion. We reserve the right to terminate an account for delinquency of more than fourteen (14) days immediately and without further notice to the client at our sole discretion. The customer shall be responsible for all attorney fees arising from Warp-Factor Technologies' efforts to collect any unpaid balance of customer's account(s) after more than ten (10) days of delinquency. 2.7 Invoices generated on an account for late fees, collections charges, bandwidth overages, abuse-related charges, and upgrade fees are due on the date of invoice generation. Customers who fail to remit payment on these types of invoice within 24 hours of invoice generation may incur monetary or legal penalties as per our sole discretion. 2.8 Customers who submit bad checks or money orders which are returned as bounced or undeliverable by our bank will be subjected to a $35.00 USD returned check charge. A series of two or more returned checks/money orders within a six-month period will result in the termination of this contract as pursuant to section 8.2 of this agreement. 3. Responsibilities and Rights of Warp-Factor 3.1 Warp-Factor Technologies shall provide the customer with the Warp-Factor Technologies products and services to which the customer is subscribed, as described at www.warp-factor.net. Warp-Factor Technologies has the right to control and direct the means, manner, and method by which services are performed. 3.2 Warp-Factor Technologies shall provide a reasonable level of technical support to the customer via e-mail or other means as described on our website at www.warp-factor.net for the length of this agreement, until which time it is terminated. 3.3 Warp-Factor Technologies reserves the right to cooperate with any legal authorities or government-sanctioned agency in the investigation of the customer's use of Warp-Factor Technologies products or services in an illegal manner or to cause harm to the personage, property, or legal rights of others. 4. Responsibilities and Rights of the Customer 4.1 The client represents and warrants that (a) the customer is at least eighteen (18) years of age, (b) possesses the legal right and ability to enter into this legal and binding contract with Warp-Factor Technologies, and (c) that the performance of the customer's obligations and requirements as outlined in this contract, and through the use of Warp-Factor Technologies products and services does not violate any applicable laws or breach the contracts of any third-parties. Furthermore, the customer agrees to assume all risk and responsibilities resulting from the use of Warp-Factor Technologies products and services. The customer agrees to provide Warp-Factor Technologies with complete, accurate, and current information required to register Warp-Factor Technologies services, including, but not limited to client's legal name, address, telephone number, and e-mail address. The customer agrees that all customer registration information will be current within our database at all times. 4.2 Warp-Factor Technologies services allow for the use of third-party software through our services. The customer agrees to be bound by the terms of any end user licenses of any of these third-party softwares. Warp-Factor Technologies is not responsible for the unauthorized use of third-party software on our servers by you, the customer. The customer shall retain all responsibility for any actions performed on Warp-Factor Technologies products and services. 4.3 The customer may not use products and services provided by Warp-Factor Technologies to send unsolicited advertising through e-mail, promotional materials, or other forms of solicitation to internet users unless the customer receives the express permission from these individuals. Unsolicited advertising sent from any source may not be used to advertise any web site hosted on the Warp-Factor Technologies network, or which uses a Warp-Factor Technologies product or service. The customer may not use Warp-Factor Technologies services to collect user-names or information from other internet users without the expressed prior permission from the user. Warp-Factor Technologies reserves the right to block mass e-mail solicitations sent from our servers at any time. 4.4 The customer shall be responsible for all content available on or through its websites, and such content shall at all times be subject to the terms of this agreement as published by Warp-Factor Technologies. The customer warrants that all sites hosted by the client with Warp-Factor Technologies will conform to the Warp-Factor Technologies Terms of Service (this document) regardless of whether or not the website is owned by the customer. Furthermore, the customer agrees that all such content conforms with the provisions set forth in section six (6) of this agreement, and that any and all content will not infringe upon the copyright and/or intellectual property rights of any individual, business, or enterprise. Additionally, all content hosted on Warp-Factor Technologies hosted websites must conform to all applicable laws as set forth by the user's home country, the United States of America, and the state of Florida. 4.5 The customer is responsible for ALL traffic transferred to and from the server which originates or is targeted at the customer's web hosting account. This provision includes instances of abuse such as DoS attacks, etc. Should a customer go over their monthly bandwidth allotment, there will be a charge of $2.00 per gigabyte on shared, reseller, and VPS accounts. Bandwidth overage fees for dedicated servers are $0.75 per gigabyte. 4.6 Support services shall be provided by Warp-Factor Technologies via toll-free telephone, support ticket, and e-mail, free of charge, unless otherwise specified prior to the provision of support services by Warp-Factor staff. Warp-Factor Technologies shall maintain its servers in an adequate manner so that service is available to the customer and is provided in a working order. Special support requests, such as custom script installation, may carry a fee. Warp-Factor Technologies provides a toll-free 1-800 telephone number to customers for technical support, billing, and sales purposes. Due to the possibility of abuse of this service, customers are limited to a reasonable amount of calls per day, as determined at Warp-Factor Technologies' sole discretion. There may be times when Warp-Factor's toll-free lines are busy. In these instances, customers who repeatedly call or who deliberately abuse the service for any reason may be charged a penalty, not less than $10.00 USD and not more than $200.00 USD, depending on the severity of the abuse, and determined at our sole discretion. An invoice will be generated for this abuse and will be considered due and payable. 4.7 The customer agrees that it will use Warp-Factor Technologies products and services only for lawful purposes and in accordance with this agreement. The customer will comply with this document at all times, and will be responsible for maintaining an adequate knowledge of the regulations set herein. These provisions may be modified by Warp-Factor Technologies at any time without prior notice. 5. Limitation of Liability, Warranty 5.1 Should a customer fail to follow the Warp-Factor Technologies Terms of Service and other policies set forth by Warp-Factor, all guarantees made on behalf of Warp-Factor Technologies shall be considered null and void, until which time compliance with all applicable terms as set forth by the provisions herein are met. 5.2 Warp-Factor Technologies does not make, and hereby disclaims, and and all expressed and/or implied warranties including, but not limited to, warranties of merchantability, fitness for a particular use or purpose, non-infringement, and warranties arising form a course of dealing, usage, or trade practice. Warp-Factor Technologies does not warrant or agree that services provided by Warp-Factor Technologies will be uninterrupted, error-free, completely secure, or totally operable. 5.3 Warp-Factor Technologies agrees that all web hosting servers will be accessible no less than 99.0% of any given calendar month. This average can be calculated only after one full calendar month has passed. No compensation other than that listed on our website shall be given for downtime which exceeds 1% of monthly usage time. Lack of uptime in no way will result in a refund of money to the customer. Uptime percentages will be calculated by Warp-Factor Technologies, and only statistics provided by Warp-Factor Technologies will be the source used in determining uptime percentages. 6. Prohibited Uses 6.1 Unsolicited Commercial E-mail The mailing of unsolicited commercial advertising via e-mail through Warp-Factor Technologies servers is strictly prohibited. Accounts in violation of this provision are subject to suspension pending removal of the offending scripts, softwares, or programs found to be sending out such e-mails. 6.2 Chat Rooms The hosting of IRC and MySQL based chat rooms is strictly forbidden. Habbo style and JIRC chat programs are banned. IRC bots are also prohibited from Warp-Factor Technologies web hosting services. These include Eggdrop bots and TCL scripts. Accounts in violation of this term shall be notified or temporarily suspended. 6.3 Server Abuse Any attempt to undermine or cause harm to a server or customer of Warp-Factor Technologies is strictly prohibited. These attempts can include DOS attacks or hacking. Customers found to be in violation of this provision are subject to immediate account termination. 6.4 Illegal Use Warp-Factor Technologies services may not be used for illegal purposes, or in support of illegal activities. Warp-Factor reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing related to the use or misuse of our products and services. 6.5 Harm to Minors Use of Warp-Factor's services to harm, or attempt to harm minors (those under the age of 18) in any way, including, but not limited to child pornography or child abuse is strictly prohibited and will result in immediate account termination without notice of any kind. 6.6 Threats Use of Warp-Factor Technologies services to transmit any material (through e-mail, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property or is deemed as such by Warp-Factor Technologies is strictly prohibited. 6.7 Harassment Use of Warp-Factor's service to transmit any material (by e-mail, uploading, posting, or otherwise) that harasses another or is deemed as such by Warp-Factor Technologies is strictly prohibited. 6.8 Fraudulent Activity Use of Warp-Factor Technologies products or services to make fraudulent offers to buy or sell products, items, or services, or to advance/further any type of financial scam such as pyramid schemes and chain letters is strictly prohibited. This includes banking institution or eBay fraud sites. 6.9 Forgery or Impersonation Adding, removing, or modifying identifying network header information in an effort to deceive or mislead internet users or customers of the "ripped" brand is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is also prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. We will contact and cooperate with the proper authorities should issues such as this arise. Customers found to be impersonating businesses or banking institutions in an attempt to commit fraud against the customers of these companies will be subject to immediate account termination. 6.10 Unauthorized Access Use of Warp-Factor's service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Warp-Factor's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Warp-Factor account is subject to immediate termination. 6.11 Copyright or Trademark Infringement Use of Warp-Factor Technologies products or services to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is strictly forbidden and will result in temporary suspension until the issues have been resolved. 6.12 Unauthorized Collection of Personal Data Use of Warp-Factor's service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is expressly prohibited. Using statistics softwares to analyze web site usage does not constitute a violation of this provision. 6.13 Network Disruptions and Unfriendly Activity Use of the Warp-Factor's service for any activity which affects the ability of other people or systems to use Warp-Factor's Services or the Internet is prohibited. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited and may result in immediate account termination. It is the customer's responsibility to ensure that their network or website is configured in a secure manner. A customer may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. Warp-Factor Technologies will not tolerate any customer attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. 6.14 Fraud Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. Fraud of any kind will not be tolerated. Customers found to be using Warp-Factor Technologies products or services to commit fraud against internet users will be subject to immediate account termination. 6.16 Hate Sites/Warez Sites which condemn, harass, or are generally abusive to any racial or religious group are forbidden on Warp-Factor Technologies services. Furthermore, sites which promote violence towards any specific religious or racial groups are also prohibited. Sites hosting offensive images depicting violence, hate crimes, or any other scenes perceived as violent or offensive by Warp-Factor Technologies are prohibited. Additionally, the hosting of warez sites and material will not be tolerated on Warp-Factor Technologies servers. Warp-Factor Technologies will be the sole and final arbiter as to what constitutes a violation of this provision. 6.17 Distribution of Viruses Intentional distributions of software that attempt to and/or cause damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account without prior notice. Complaints of this nature will be dealt with on a case by case basis as we review any such complaints. 6.18 Adult Images Pornographic photographs and targeted websites are not permitted to be hosted on Warp-Factor Technologies servers. Accounts in violation of this provision will be notified. 6.19 Individually Banned Softwares The following scripts and programs are banned:
6.20 Consequences Accounts in violation of any provisions described in section 6 of this agreement will be notified of such violation, unless the offense is deemed severe by Warp-Factor Technologies. In example, a severe violation that would result in immediate termination would be the hosting of child pornography or the distribution of viruses. 6.21 Our Rights Warp-Factor Technologies reserves the right to ban any additional scripts and programs at any time which have proven to cause high CPU and system resource usage. Warp-Factor Technologies will be the sole and final arbiter as to which scripts, softwares, and programs are to be banned on Warp-Factor Technologies web hosting services. 7. Indemnification The client agrees to indemnify, defend, and hold Warp-Factor, its agents, employees, and licensors harmless from any and all claim, demand, loss, expense, made by any person arising out of the customer's violation of this agreement or any federal and state laws surrounding this agreement. Warp-Factor Technologies shall not be held responsible under any circumstance, regardless of fault, for any damages which result from the use of, or inability to use, products or services provided by Warp-Factor Technologies. Furthermore, under no circumstance will Warp-Factor Technologies or its providers be held liable to the customer or any third party for any liability arising from the use of a Warp-Factor Technologies product or service through the reliance on the availability of service or the information provided by such services. Under no circumstance will Warp-Factor Technologies be liable to the customer or any third-party, regardless of the form of action, for any loss of profits, goodwill, use, data, or other intangible losses, or any punitive damages whatsoever resulting from from any occurrence tied with Warp-Factor Technologies products or services. Should any court or arbitration panel find any portion of these limitations of liability as set forth in this agreement unenforceable, the customer agrees that under no circumstances will the total, aggregate liability of War-Factor Technologies and its employees, distributors, or agents, to Client or any party claiming by or through Client for any cause whatsoever exceed $100 (U.S.), regardless of the form of action and whether in contract, statute, tort or otherwise. 8. Agreement Termination 8.1 Without Cause This agreement may be terminated by either party at any time during any renewal term for any or no reason with either party giving to the other a minimum of five (5) days' prior notice of termination. Notice will be served in the form of online ticket through our Warp Support online customer support portal, or through certified letter. No matter which party initiates termination pursuant to section 8.1, the customer will be responsible for any and all payment obligations of the customer under this agreement for services provided through the date of final termination will become immediately due. Payment on any such invoice generated after notice of termination will be subjected to the same payment terms and time frames as noted in section 2.5 in this agreement. 8.2 With/For Cause In addition to any additional rights it may have under this agreement or law, Warp-Factor Technologies may terminate this agreement or suspend service, without notice, in the event of (a) failure to remit payment for a period of twenty-one (21) or more days, or (b) the customer's failure to comply with the provisions herein, collectively referred to as the Terms of Service, or other policies and provisions of receiving services from Warp-Factor Technologies. The customer has the right to terminated this agreement should Warp-Factor Technologies breach any term or written notice within this agreement. If this agreement is terminated by Warp-Factor Technologies under this section 8.2, all charges and balances of the then current term shall become due and payable to Warp-Factor Technologies. In addition to the preceding, Warp-Factor Technologies reserves to prohibit any conduct or to remove any materials or content in violation of these Terms of Services or which Warp-Factor Technologies believes to be illegal, offensive, or potentially harmful ot others or may bring harm or liability to Warp-Factor Technologies without notice. 8.3 Liability Neither Warp-Factor Technologies nor the customer will be liable to the other for any termination or expiration of any product or service as set forth by this agreement in accordance with the terms herein. 8.4 Survival The following provisions will survive any expiration or termination of this agreement: Sections 4, 5, 7, 8, and 9. 8.5 IP Addresses Upon termination, cancellation, or expiration of these Terms of Service and the agreement between Warp-Factor Technologies and the customer, the customer shall release any Internet Protocol numbers, addresses, or address block leased to the customer by Warp-Factor Technologies. At the close of this agreement, all such numbers and addresses will revert to the ownership of Warp-Factor Technologies. 9. General Provisions 9.1 Governing Law This Terms of Service, and all future agreements the client may enter into with Warp-Factor Technologies will be governed by the laws of the State of Florida, without regard to conflicts of law principles thereof. This provision shall be the case regardless of your place of residence. Unless a dispute would be governed by an applicable arbitration clause, the customer agrees to submit to the personal and exclusive jurisdiction of the courts located within the County of Alachua, Florida. 9.2 Modification Warp-Factor Technologies reserves to modify, amend, or append to this agreement at any time, without notice. The customer is responsible for checking for updates to this agreement periodically so as to keep informed of the agreement. Modifications of any kind made to this agreement shall be binding upon the parties hereto within five (5) days of these modifications having been made. 9.3 Waiver Failure to exercise any right provided for within this agreement shall not be considered to be a waiver of any right given to a party hereunder. 9.4 Severability In the event that one or more of the provisions under this agreement is deemed unlawful or otherwise unenforceable, the enforceability of any and all remaining lawful provisions shall remain intact. 9.5 Implied Agreement Continued use of any products or services provided by Warp-Factor Technologies constitutes your continued agreement with these Terms of Service in their entirety. Bu using Warp-Factor Technologies products and services, the customer agrees to be bound by all terms associated and referenced within this agreement. The customer's only recourse in the event of a disagreement is to terminate this agreement in accordance with Section 8 herein. 9.6 Entire Agreement These Terms of Service, as well as any exhibits listed below, constitute the entire agreement between the client and Warp-Factor Technologies for the deliverance of products and services provided by Warp-Factor Technologies. Exhibits A. Privacy Policy  Download this agreement. (128k, Adobe PDF)Last Revised January 8, 2007 |
