- This is an agreement between you and Warp Development regarding your use of Warp Developments services, computers, interactive information, communications and server management service (“the / this Agreement”), in addition to the following policies:
- Warp Development Acceptable Use Policy
- Warp Development Terms and Conditions of Use
- Warp Development Billing Terms
- This Agreement sets out the terms and conditions under which Warp Development makes its services available to users.
- This Agreement applies to all accounts, sub-accounts, and alternative account names associated with your principal account. The Account Holder is responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account.
Prohibition on use of service for provision of adult material or sites
- Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered "adult material." However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why Warp Development has been forced to create it’s no adult sites policy for its virtual server users.
- An adult site is regarded as one whose revenue is gained in part or whole from its adult content or links to other sites featuring such content.
- Warp Development, in its sole and absolute discretion, regards adult material as:
Material classified as such by the Film and Publications Board.
- Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
- Photos or videos showing graphic violence or death.
- Revenue-generating hyperlinks to such material.
Warp Development reserves the right to decide what it considers "adult content", "adult material", "sexually explicit", or "sexually related". Let us know if you are unsure of the approval of your site before placing an order.
- The primary purpose of the no adult site policy is to ensure quality of service across all Warp Development customers. A virtual server is a shared environment where many websites & domains reside on each particular server. This being said, consider that an average "adult site" gets more hits than 100 standard websites. Some of the smaller adult sites get around 5 GB of transfer per day. With these types of resources being utilized, our servers would be severely slowed if we allowed these high traffic sites to also reside on our servers. On top of that, we would be forced to raise our prices to pay for the additional bandwidth. We strive to keep our service offering fast and inexpensive, and our bandwidth clear; therefore, adult sites are not an option.
Website Take Downs
All queries related to website take downs may be directed to the Internet Service Providers’ Association (ISPA), which Warp Development has appointed as its agent for the purposes of receipt of take down notices in accordance with Chapter 11 of the Electronic Communications and Transactions Act of 2002:
Disclaimers and Limitation of Liability
- You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services.
- We disclaim any and all loss or liability resulting from, but not limited to:
- loss or liability resulting from access delays or access interruptions;
- loss or liability resulting from data non-delivery or data mis-delivery;
- loss or liability resulting from acts of God;
- loss or liability resulting from the unauthorized use or misuse of your account identifier or password;
- loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
- loss or liability resulting from the interruption of your Service.
- You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
- Warp Developments’ services are provided on an as is, as available, basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Warp Development expressly disclaims any representation or warranty that the Warp Development services will be error-free, secure or uninterrupted.
- No oral advice or written information given by Warp Development, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice as if it were a warranty. The terms of this section will survive any termination of this Agreement.
- Warp Development will use its best efforts to maintain a full time Internet presence for the Account Holder. The Account Holder hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error.
- The terms of this Section will survive any termination of this Agreement.
Responsibility for content and Account Holder indemnities
- The Account Holder agrees to indemnify and hold Warp Development harmless from any and all Claims resulting from or connected with any activities conducted by the Account Holder. The Account Holder and Warp Development will promptly notify the other upon receipt of any Claim or legal action arising out of activities conducted pursuant to this Agreement.
- The Account Holder agrees not to store, transmit, link to, advertise or make available any images containing pornography through the Virtual Web Hosting service. Warp Development reserves the right to refuse service if any of the content within, or any links from, the Account Holder's website is deemed illegal, misleading, or obscene, or is otherwise in breach of these terms or Warp Developments’ then current Acceptable Use Policy, in the sole and absolute opinion of Warp Development.
- Warp Development will not change passwords to any account without proof of identification, which is satisfactory to Warp Development, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes Account Holder, Account Holder understands that Warp Development will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Warp Development be liable for any losses incurred by Account Holder during this time of determination of ownership, or otherwise. The Account Holder agrees to indemnify and hold harmless Warp Development from any and all Claims arising from such ownership disputes.
- The Account Holder agrees to indemnify and hold harmless Warp Development and any other Account Holder from any and all Claims resulting from the Account Holder's use of the services provided by Warp Development. The terms of this Section will survive any termination of this Agreement.
- The Account Holder agrees not to harm Warp Development, its reputation, computer systems, programming and/or other persons using Warp Developments’ services.
- The terms of this Section will survive any termination of this Agreement.
Variation of services
- You agree that Warp Development may establish limits concerning use of any Warp Development service offered on any Warp Development web site, including without limitation the maximum number of days that e-mail messages will be retained by any Warp Development service, the maximum number of e-mail messages that may be sent from or received by an account on any Warp Development service, the maximum size of an e-mail message that may be sent from or received by an account on any Warp Development service, the maximum disk space that will be allotted on Warp Developments’ servers on your behalf either cumulatively or for any particular service. You agree that Warp Development has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Warp Development service. You acknowledge that the features, parameters (for example, the amount of storage available to users) or existence of any Warp Development service may change at any time.
- Warp Development reserves the right to select the server for Account Holder's website for best performance. The Account Holder understands that the services provided by Warp Development are provided on a shared server. This means that one website cannot be permitted to overwhelm the server with heavy CPU usage, for example from the use of highly active CGI scripts or chat scripts. If the Account Holder's website overwhelms the server and causes complaints from other users, the Account Holder has outgrown the realm of shared servers, and will need to relocate its website. If the Account Holder refuses to comply with this Section, then Warp Development has the right to terminate the services provided to the Account Holder without any refunds of the unused portion prepaid by the Account Holder.
Non-transferability of services
- The Account Holder's rights and privileges under this Agreement cannot be sold or transferred without the prior written consent of Warp Development.
The Account Holder is responsible for maintaining the confidentiality of his/her password. In the event of a breach of security through the Account Holder's account, the Account Holder will be liable for any unauthorized use of Warp Development services, including any damages resulting there from, until the Account Holder notifies Warp Developments customer service.
- The responsibility of all passwords and other related sensitive information is assumed by the Account Holder, should any additional fee's arise from resource consumption due to poor credentials (such as, but not limited to blank passwords or "test" accounts) no fault shall be levied on Warp Development
Assignment of IP addresses
- If Warp Development assigns the Account Holder an Internet Protocol address in connection with the Account Holder's use of the Warp Development services, the right to use that Internet Protocol address will remain with and belong only to Warp Development, and the Account Holder will have no right to use that Internet Protocol address except as allowed by Warp Development in its sole and absolute discretion.
- This Agreement constitutes the entire agreement between the Account Holder and Warp Development with respect to the Warp Development services and supersedes all prior agreements between the Account Holder and Warp Development.
- Warp Developments failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
- In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
- The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules).
- The Account Holder consents to the jurisdiction of the South Africa courts.
- The Warp Development services are provided from Cape Town, South Africa, and this Agreement is deemed to have been entered into at Cape Town.
- Notices required by this Agreement shall be in writing and shall be delivered either by personal delivery, fax or by email. If delivered by mail, notices shall be sent by any express mail service; or by certified or registered mail, return receipt requested, with all postage and charges prepaid, and shall be deemed to have been received on the 5th Business day after posting. Emails and faxes shall be deemed to be received on the Business Day they are sent if sent before 16h00 on that day or on the next Business Day thereafter is sent after 16h00 on a Business Day or if sent on a non-Business Day.
- The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings and in accordance with the various dispute resolution procedures provided.
- Any dispute, which cannot be so resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, the prevailing party shall be entitled to recover reasonable attorney's fees and expenses incurred at both the trial and appellate levels. The terms of this Section will survive any termination of this Agreement.
Use of Account Holder information for promotional purposes
- Warp Development may include the Account Holder's name and contact information in directories of Warp Developments service subscribers for the purpose promoting the use of the services by additional potential clients. However, Warp Development is not authorized to print the Account Holder's name, trademarks or other identifying information in any other advertising or promotional materials without the prior written consent of the Account Holder.