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Server Uptime
Our servers are monitored once a minute to ensure that you get the most uptime possible. Our current uptime is:



Centos Linux
CentOS Linux is an Enterprise-class Linux Distribution based on RedHat ES. CentOS freely distributes Linux, the way RedHat was originally intended. CentOS is developed by a small but growing team of core developers.

Clients
Big Spring Symphony
Keep Big Spring Beautiful
Brandywine Arts Festival
Ride Till You Die Inc
Nextec Performace
See South Texas
Spaquette Consulting
Guardians of Daimun

Terms Of Service
Acceptable Use
This Registration Agreement sets forth the terms and conditions of your
use of web hosting and related services. In this Agreement "you",
"your" or "client" will refer to you and all agents and users of the
website hosted with WarpHosted.com. "We", "us", and "our" refers to WarpHosted.com.

Passage of time: This Agreement will change over time. If, as a result
of such a change, you no longer agree with the terms of this Agreement,
you agree that your exclusive remedy is to transfer your hosting
services to another registrar or request of us that we cancel your web
hosting services. If you continue to use the Services following a
change in this Agreement and/or the Services, your continued use of the
Services indicates your consent to the changes. Any such revision or
change will be binding and effective within 30 days of when the revised
Agreement or change to the Service(s) is posted to the website of the
service provider, or 15 days after you view the revised Agreement or 15
days after notification is sent to the e-mail address provided in
association with your domain name registration. You agree to review
this Agreement periodically to make yourself aware of any such
revisions.

We reserve the right to move or subcontract services to another service
provider, for example, all domain registration services weill be
contracted to GotoNames.com Domain Registration service. In such a
case, the client will be expected to follow additional terms of service
set by the third party service provider.

WarpHosted.com's services may only be used for lawful purposes.
Transmission of any material in violation of International, Federal or
State regulation is prohibited. This includes but is not limited to:
material legally judged to be threatening or obscene, or material
protected by trade secret laws.

If you are found in violation of the WarpHosted.com Hosting Acceptable
Use Policy and Terms of Use. Your account will be terminated without
notice and you may forfeit all funds that have been paid to WarpHosted.com.

Examples of content that is not acceptable on WarpHosted.com Servers:
"Pirated software" or "Warez", "Hacker programs and/or archives", "IRC
Bots", "Gambling Related", "Copyrighted Mp3's", cgi-based message
boards.

You specifically agree to indemnify and hold WarpHosted.com harmless
from any claims resulting from a breach of these terms, and/or their
use of the service, which damages another.

Warez - Includes pirated software, ROMS, emulators, phreaking,
phishing, hacking, software or password cracking. IP spoofing, etc.,
and encrypting of any of the above. Also includes any sites which
provide "links to" or "how to" information about such material.

"Hacking" content may be deemed acceptable if used in a "how to test
and prevent" context. Please contact our staff if you have any
questions on this.

Under no circumstances, may you have child pornography or any content
that may be considered illegal within the boundaries of the United
States.


Denial of Service Attacking

We have a zero tolerance policy on deliberate Denial Of Service
attacks, either against our servers, or from our servers. If your
account is found to be deliberately causing Denial of Service to our
servers, or any other server or equipment, then you will be held liable
for damages, including but not limited to labor to diagnose and repair
service, at a minimum of $200/hour ($400/hour on evenings, nights, and
weekends, $600/hour on holidays.)

If intentional DOS attacks, brings down our servers, causes
interruption to our network, or causes our network provider to block
our services, then the responsible party will also be financially
accountable for downtime of services. Damages are at a rate of $500 per
hour until service is restored.

Spam


SPAM will be defined as "Unwanted email sent to multiple strangers, generally for the purpose of advertising."


Purchased lists of email addresses, are NEVER allowed.


SPAM in any shape or form is NOT permitted and is grounds for immediate
account termination. Mailing lists via a mailing list manager are
acceptable as long as the list are OPT-IN lists that people have signed
up for FROM YOUR SITE. Spam complaints about users will not be
tolerated.


Anyone caught intentionally spamming, or purposely opening
relay ports for spamming will be terminated immediately, and will be
held financially responsible for labor of an engineer to repair any and
all damages at a minimum of $200/hour ($400/hour on evenings, nights
and weekends, $600/hour on holidays.)


If intentional spamming gets any of our severs put on an email
blacklist, the responsible party may also be financially accountable
for downtime of mail services due to not being able to send email.
Damages are at a rate of $500 per hour until service is restored.


This is meant purely to protect our honest clients.

Mailing Lists


If you maintain an opt-in mailing list with your web site(s), you MUST include:

1) A working opt-out procedure for your members members, that is in plain sight in every email.

2) A mechanism to handle email bounces, to remove an email after 4 unsuccessful mailings in a row.

3)
No "purchased" lists. If you are running a newsletter of people that
have opt-ed in at your site, great. If someone signed up looking for a
business opportunity at some other site, this is not acceptable, nor is
it responsible mailing. This will be considered spam.

If your using a mailing list, you may protect yourself further, by
including in each email, information used at time of opt-in, like date
and IP address.

Web Site Hosting And Email


We make no representation and give no warranty as to the accuracy or
quality of information received by any person via the Server and we
shall have no liability for any loss or damage to any data stored on
the Server.

You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server.

You represent, undertake and warrant to us that you will use the Web
Site allocated to you only for lawful purposes. In particular, you
represent, warrant and undertake to us that you will not use the Server
in any manner which infringes any law or regulation or which infringes
the rights of any third party, nor will you authorize or permit any
other person to do so.

You shall not post, link to or transmit: (a) Any material, which is
unlawful, threatening, abusive, malicious, defamatory, blasphemous, or
otherwise objectionable in any way. (b) Any material containing a virus
or other hostile computer program. (c) Any material which constitutes,
or encourages the commission of, a criminal offence or which infringes
any patent, trade mark, design right, copyright or any other
intellectual property right or similar rights of any person which may
subsist under the laws of any jurisdiction.

You shall keep secure any identification, password and other
confidential information relating to your account and shall notify us
immediately of any known or suspected unauthorized use of your account
or breach of security, including loss, theft or unauthorized disclosure
of your password or other security information.

You shall observe the procedures, which we may from time to time
prescribe and shall make no use of the Server, which is detrimental to
our other customers.

You shall ensure that all mail is sent in accordance with applicable
legislation (including data protection legislation) and a secure manner.

In the case of an individual User, you warrant that you are at least 18
years of age and if the User is a company, you warrant that the
Services will not be used by anyone under the age of 18 years.

Any access to other networks connected to WarpHosted.com must comply with the rules appropriate for those other networks.

While we will use every reasonable endeavor to ensure the integrity and
security of the Server, we do not guarantee that the Server will be
free from unauthorized users or hackers and we shall be under no
liability for non-receipt or misrouting of email or for any other
failure of email.

Service Availability


Our server will maintain a 99.9% uptime, if this uptime is not met, WarpHosted.com may allow a service refund at our discretion, and upon
client request. WarpHosted.com however cannot be held responsible for
network issues between your location and the server.

We shall have the right to suspend the Services at any time and for any
reason without notice, but if such suspension lasts or is to last for
more than 30 days you will be notified of the reason.

The services provided to you by WarpHosted.com, and your account with
us cannot be transferred or used by anyone other than you. No more than
one login session under any one account may be used at any time by you.
User programs may be run only during login sessions. If your account is
found to have been transferred to another party, or shows other
activity in breach of this sub clause, we shall have the right to
cancel the account and terminate the Services and/or this Agreement
immediately.


Server Backups


Most of our servers are provided with backup equipment
and automated procedures. For liability reasons we cannot guarantee
these backups at any given point in time. Backups are typically made on
a secondary hard drive on the same server, therefore cannot be stored
off site. If restoration of files, or database is required, please
submit a support request. Restore request may take more time than most
other support requests.

Termination


If a site violates these terms in any way, shape, or form, the site
will be deleted from our network. If allowed back on, and a second
violation occurs within a 90 day period the site will be blocked from
our network.

First Warning


When you (or your clients) upload illegal content, or misuse WarpHosted.com's systems in any way.
You (or your clients) are
knowingly violating the terms of service. You may receive a first
warning at our discretion. When you violate these terms you know what
you are doing is against our policies. We reserve the right to bypass
the first warning and suspend the account in question.

Questionable Situations


If we find content that is questionable and may or may not violate the
terms of service we will contact you. An example of a situation like
this is a band hosting their own music on our servers. However, you can
avoid this step if you notify us. If you are a band or if you are
planning to upload a large amount of files that are questionable please
notify us before you upload so we are aware of the situation. This will
keep everyone happy.

If you fail to pay any sums due to us as they fall due, we may suspend
the Services and/or terminate this Agreement forthwith without notice
to you.

If you break any of these terms and conditions, or allow your
sub-accounts to do so, we may terminate this agreement forthwith upon
written notice.

On termination of this Agreement or suspension of the Services we shall
be entitled immediately to block your Web Site and to remove all data
located on it. We shall be entitled to delete all such data but we may,
at our discretion, hold such data for such period as we may decide to
allow you to collect it at your expense, subject to payment in full of
any amounts withstanding and payable to us. We shall further be
entitled to post such notice in respect of the non-availability of your
Web Site as we think fit.

Accounts may be cancelled by the user or WarpHosted.com with or without prior notice.

Legal


WarpHosted.com expects that its' subscribers, who provide Internet
services to others, will comply fully with all applicable laws
concerning the privacy of on-line communications. A subscriber's
failure to comply with those laws will violate WarpHosted.com policy.
Finally, WarpHosted.com wishes to emphasize that in accepting the
service agreement, subscribers indemnify WarpHosted.com for any
violation of the service agreement, law, or WarpHosted.com policy, that
results in loss to WarpHosted.com or the bringing of any claim against
WarpHosted.com by any third-party. This means that if WarpHosted.com is
sued because of a subscriber's or customer of a subscriber's activity,
the subscriber will pay any damages awarded against WarpHosted.com,
plus costs and reasonable attorneys' fees.

Limitation Of Liability


All conditions, terms, representations and warranties relating to the
Services supplied under this Agreement, whether imposed by statute or
operation of law or otherwise, that are not expressly stated in these
terms and conditions including, without limitation, the implied
warranty of satisfactory quality and fitness for a particular purpose
are hereby excluded.

Our total aggregate liability to you for any claim in contract, tort,
negligence or otherwise arising out of or in connection with the
provision of the Services shall be limited to the charges paid by you
in respect of the Services, which are the subject of any such claim.

In any event no claim shall be brought unless you have notified us of the claim within 6 months of it arising.

In no event shall we ever be liable to you for any loss of business,
contracts, profits or anticipated savings or for any other indirect or
consequential or economic loss whatsoever.

Notices


Any notice to be given by either party to the other may be sent by
either email, fax or recorded delivery to the address of the other
party as appearing in this Agreement or ancillary application forms or
such other address as such party may from time to time have
communicated to the other in writing, and if sent by email shall unless
the contrary is proved be deemed to be received on the day it was sent
or if sent by fax shall be deemed to be served on receipt of an error
free transmission report, or if sent by recorded delivery shall be
deemed to be served two days following the date of posting.

Payment


All payments must be in US Dollars. The preferred method is PayPal
subscriptions. We will accept a check in some situations. If your check
is returned by the bank as unpaid for any reason, you will be liable
for a "returned check" charge of $30.00 plus late fees if applicable

All charges payable by you for the Services shall be in accordance with
the scale of charges and rates published from time to time by us on our
web site and shall be due and payable in advance of our service
provision.

Your Billing is based on the date that you signed up with us. (ex. If
you joined us on June 25th, Your PayPal account will be charge on the
25th of every month [assuming a monthly payment plan is being used,
obviously a quarterly plan will only charge every 3 months.]) There are
incidences when the payment date has been, or will be, modified.

If you cancel an automated payment subscription, without previously
making arrangements with us for payment, or continued service, it is
assumed that you are canceling service at that point.

Without prejudice to our other rights and remedies under this
Agreement, if any sum payable is not paid on or before the due date, we
shall be entitled forthwith to suspend the provision of services to you.

Suspension of services, for any reason, does not mean you no longer owe the outstanding balance.

A shared hosting account, suspended for being past due, may be required
to pay a reconnect fee, of no more than $15, to be reinstated. A
deposit for future service may also be required. For dedicated servers,
this reinstatement fee could be higher.

Account Suspention for non-payment, can result in an administrative fee of $10, to re-connect service.

If an account goes over 30 days past due, the client forfits any
protection under our privacy policy, and WarpHosted.com reserves the
right to seek alternate collection methods using your "private"
information in any way we see fit.

Errors

WarpHosted.com will not be held responsible for typographical errors or
human mistakes of any kind in advertising, sales or any other
department. We will act as quickly as possible to correct such an error.

IRC and Chat Rooms


Internet Relay Chat (IRC) traffic is not permitted on our servers in
any of its many forms including, but not limited to: bots and IRC
servers. Chat rooms may be allowed on per use basis, so please ask one
of our support staff before setting one up. (Some cgi/perl based chat
rooms over utilize the server processor.)

Cancellation


Recommended methods of service cancellation are:

Canceling your PayPal (or other payment) subscription

Submitting a cancellation request via a support ticket.

Canceling via eMail message. Do not assume receipt. Please wait for a confirmation.

Bandwidth Overage

If you set your contact email address in cPanel, warnings will be
issued by the server when an account reaches 80% of a months bandwidth
limit. If you have added your email address to cPanel you will receive
these. At this point you have three choices. 1) leave it alone. If a
bandwidth limit is reached, the account will go into suspended status
until the 1st of the following month or until other arrangements are
made. 2) Upgrade your hosting package if you feel this might be a
normal overage. or 3) prepay for an additional block of space for that
month at a rate of $3/Gig or $4/Gig for adult sites.

Headings

Headings are included in this Agreement for convenience only and shall
not affect the construction or interpretation of this Agreement.

Entire Agreement

These terms and conditions together with any documents expressly
referred to in them, contain the entire Agreement between us relating
to the subject matter covered and supersede any previous agreements,
arrangements, undertakings or proposals, written or oral: between us in
relation to such matters. No oral explanation or oral information given
by any party shall alter the interpretation of these terms and
conditions. In agreeing to these terms and conditions, you have not
relied on any representation other than those expressly stated in these
terms and conditions and you agree that you shall have no remedy in
respect of any misrepresentation, which has not been made expressly in
this agreement. Misuse of resources, including but not limited to
employing applications which consume excessive CPU time. Chat/IRC, and
web proxy scripts are not allowed on our network under any
circumstances. Streaming media can be a drain on web server resources
and as such is not allowed. CGI based message forums which use flat
file databases are often found to use excessive system resources, to
avoid disappointment please use a PHP message forum. If you are unsure
about content you intend to place on our network, please check with us
before you do. We reserve the right to determine what constitutes
acceptable use. We may amend these terms of service with or without
notice.

We do reserve the right to edit the terms of service at any time with or without notice.

Some items in these terms of service may not apply in all cases.
Special terms may be negotiated in a pre-sales agreement. Such
pre-sales agreements may override specific terms listed here.

Do not agree to these terms of service if you cannot uphold these conditions or the spirit of these conditions.

CPanel
WarpHosted uses Centos Os and Cpanel/WHM on all their servers.

Zend Optimizer
The Zend Optimizer goes over the intermediate code generated by the standard Zend run-time compiler and optimizes it for faster execution. In addition, the Zend Optimizer enables PHP to load and execute files encoded by the Zend Encoder.

Clients
Great Lakes Quick Lube/Valvoline
Crye-Leike
Rhattigan Broadcasting
Ocean Place Inn Resort
Wheel and Lathe
Homes4You
StarTech Gaming
Concept 323

 
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