Terms And Conditions / End User Agreement
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 Consumer Group USA, Inc. and/or DBA: Warp Speed Hosting (hereinafter "Warp Speed Hosting") and the party signing up for services (collectively hereinafter "Customer").  WARP 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, domain modifications, and any other agreed upon services (hereafter 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 Agreement.
 
    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, design, or any other agreed upon service 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 with return receipt shall also suffice as a written receipt of disputing an invoice or statement / balance of monies owed. Customer agrees that pricing for any services provided by Warp Speed Hosting are subject to change at any time.
    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.
    6.ACKNOWLEDGEMENT
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.
    7.INDEMNIFICATION

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.
 

    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.
 

    9.PASSWORD PROTECTION
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.
    11.SERVICE USAGE
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 or principles.

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.

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.
 

    15.E-MAIL SERVICE
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.  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.

    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 within 30 days of the due date, a late payment fee of $25.00 will be assessed and interest will accrue at 18% per annum (simple interst) or the highest rate allowed by Florida law at that time from the 31st day until the balance is paid in-full. Warp Speed Hosting shall apply any of Customer's payments first towards accrued interest, then to late penalties, and finall towards oustanding hosting balances owed in that order. Warp Speed Hosting may elect to disabled Customer's account at any time an overdue balance is owed until Warp Speed Hosting receives payment in-full for the complete overdue balance. 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 and/or debit 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 and/or debit card information, providing checking accounts and routing numbers, or mailing / faxing / e-mailing a signed check to Warp Speed Hosting gives Warp Speed Hosting the authorization to automatically debit any amount equal to or less than the outstanding balance then due from such a credit card, debit card and/or bank checking account automatically as they are due and / or for any balances past due to Warp Speed Hosting.  Customer agrees that these charges will continue until any balance due remaining is paid in full. Customer understands and agrees that all balances owed to Warp Speed Hosting under this agreement are valid charges. Customer agrees to pay Warp Speed Hosting an additional 3% convenience charge for any credit card charge(s) in excess of $300.00. Customer also agrees to pay Warp Speed Hosting $100.00 for each credit card charge disputed by Customer with their credit card and/or debit card issuing bank which Warp Speed Hosting ultimately prevails on.
    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 notification.
    20. MISCELLANEOUS
a.)  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 Speed Hosting.

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. Warp Speed Hosting may assign any of its rights to any third-party at any time.

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.
 

    21. MODIFICATIONS
This Agreement may be modified in any manner by Warp Speed Hosting at any time by posting the new version of the Agreement at http://www.warpspeedhosting.net/signup/eula.html and if changed 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 change the terms of this Agreement, Customer agrees that it accepts and is bound by such modified terms unless Customer chooses to terminate the Agreement within thirty days (30) of such change at http://www.warpspeedhosting.net/signup/eula.html.  Customer agrees to check and read these terms weekly at: 
http://www.warpspeedhosting.net/signup/eula.html
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    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, but are not limited to, 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. If Warp Speed Hosting provides services from third party's such as Google, Customer agrees that Warp Speed Hosting will remain the sole provider of said services as agent of Google unless Customer decides to change to a different service for no less than one-year and then ultimately switches back to Google directly. Customer agrees to read and agree to the following terms of Services for Google's various services located at:
Google Apps:
http://www.google.com/apps/intl/en/terms/premier_terms.html
and
http://www.google.com/apps/intl/en/terms/appsecurity_tos.html
(which includes Google apps message discovery (email archiving service)
and
http://www.google.com/apps/intl/en/terms/user_terms.html
and
http://www.google.com/apps/intl/en/terms/premier_terms_prepay.html

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.
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