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.

Customer agrees to indemnify and hold harmless WARP SPEED HOSTING, and/or its employees, officers, agents, directors or successors, from any and all fines, penalties, losses, claims, expenses, or other liabilities, resulting from or in connection with this Agreement. WARP SPEED HOSTING assumes no liability of the Customer for the Customer's failure to follow and adhere to the terms of this Agreement, and any results caused by the acts, omissions or negligence of the Customer, its subcontractor(s), agents, employees, or directors, or any of them, including, but not limited to, claims of third parties arising out of or resulting from, or in any manner in connection with, the Customer's products or services, messages, programs, caller contracts, promotions, advertising, infringement or any claim for defamation, libel or slander, or for violations of copyrights, patents, trademarks, service marks, or other intellectual property rights.
 

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.
 

This 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.
 

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.  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 interst 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 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 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.) 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.

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 notarized written agreements between the parties which do not conflict with the terms of this agreement are, upon exeuction, incorporated into this agreement. Any modifications to this agreement which contain conflicting terms must be in writing, notarized by the parties and must specifically state the original term and what it is being changed to in order to supercede any of the term(s) of this agreement. Any subsequent written agreements which are not notarized by the parties or oral agreements shall not modify any of the terms of this agreement.

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 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):
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.

q.) 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.

r.) Each party to this agreement acknowledges that it has had time to review this agreement with an attorney.