Terms & Conditions

This policy represents the HostWarp Terms of Service ("TOS") in its entirety and supersedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for hosting services with HostWarp. HostWarp reserves the exclusive right to revise, change, or amend any portion of this policy at any time, without advance notice to customers.

Customers using any services offered by HostWarp consent to be bound by and must comply with all policies in this TOS. At the sole discretion of HostWarp, any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.

PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE 'BUY NOW' BUTTON ON THE ORDER FORM REFERENCED HEREIN, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING HOSTWARP'S PRIVACY POLICY & ACCEPTABLE USAGE POLICY. YOUR USE OF THE SERVICES ALSO CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

Disclaimer of Warranty
The Internet is a complex network of equipment, services, and providers of information, thus the service may not be available to you at all times. That said, HostWarp offers a 99.9% uptime guarantee. This is valid for only the connection. HostWarp will pursue all resources and channels available to maintain maximum uptime; however, HostWarp is not responsible for any down time caused by a client's error.

HOSTWARP MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither HostWarp nor any one else involved in the provision of service is liable to you or any third-party for direct or indirect damages resulting from the use or non-use of services provided herein, whether or not such damages resulted from the negligence of HostWarp, even if HostWarp has been advised to the possibility of such damages.

Limitation of Liability
IN NO EVENT SHALL HOSTWARP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, AND DAMAGES RELATED TO CORRUPTION OR DELETION OF WEBSITE CONTENTS, EMAIL DATA AND OR DATABASE CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE HOSTWARP'S SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF HOSTWARP'S SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF HOSTWARP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HOSTWARP'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO HOSTWARP FOR THE SERVICES DURING THE PRIOR TWELVE (12) MONTHS. TO THE EXTENT APPLICABLE LOCAL LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, HOSTWARP'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification
You agree to indemnify, defend, and hold HostWarp and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute, or demand related to your use of the services, your violation of any of the provisions of this agreement, or from your placement or transmission of any materials or content onto HostWarp's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to HostWarp's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the services, unless such injury or property damage is caused solely by HostWarp's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

HostWarp reserves the right to change this Policy any time, so please, check this page at least once a month or when in doubt. HostWarp strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These brief guidelines are imposed to protect you, other HostWarp customers and us against such harm. 

Payment Policies, Fees, Refunds and Terms of Agreement -
Full payment is required before any hosting service commences, which includes renewals. Payment is due on or before your invoice due date. Billing will continue until you cancel your hosting account. You may cancel at anytime. We do not offer credits or refunds for hosting time already expended. Refunds are not provided on monthly contracts. Refunds on yearly contracts may not exceed 50% of the total sum paid from the commencement of the contract. Furthermore, refunds requested on yearly contracts are provided at the sole descretion of HostWarp. This paragraph only applies to cancellations by the client. 

If cancellation is by HostWarp due to a violation of this agreement, there will be no refund. HostWarp will only allow for the refund if cancellation is not the fault of the client, as determined by HostWarp. All monetary transactions are in $US dollars where specified. Additional features can be added at any time. HostWarp reserves the right to change prices at any time. 

HostWarp reserves the right to suspend an overdue account without notice. Furthermore, HostWarp reserves the right to completely remove a web sites from it's servers should non-payment exceed three (3) consecutive months. Should this happen, account information may be forwarded to our collections agency. 

Account Cancellation -
You may cancel at anytime. To cancel your account, please submit a support ticket which includes your domain, login and password. Please allow up to 48 hours for confirmation. Please note that we cannot refund your current monthly payment. For annual accounts, we may refund your account up to 50% of the yearly fee (See the above paragraph for more information). 

Indemnification Policy -
You agree to use all HostWarp services and facilities at your own risk. HostWarp specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall HostWarp be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold HostWarp harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against ZA Design Studios, it's agents, it's customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents, employees or assigns. 

Customer agrees to defend, indemnify and hold harmless HostWarp against liabilities arising out of: 

Any injury to person or property caused by any products sold or otherwise distributed in connection with HostWarp's server; Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; Copyright infringement Any defective products sold to customer from HostWarp's server. 

HostWarp shall be the sole judge of what violates this Policy. 

Server abuse policy -
If we determine that any site on our servers is using too much of the server's resources and therefore abusing the server, we have the right to suspend that domain without any notice. It is then up to you to contact us and formulate a plan to get that domain activated again. We are quick to suspend any domain that abuses the server's resources due to the shared nature of the server and the negative impact an abusing domain has on other domains on the same server. 

No mass email marketing or free email businesses allowed!! 

We do not allow mass email marketing sites on our servers. It doesn't matter if it's opt-in email marketing. We simply do not allow sites of that nature to be hosted on this shared environment. Sites such as "safe lists" and "free email" are also strictly prohibited. We reserve the right to shutdown such sites, that we consider harmful to the server's performance. 

SPAM Policy -
HostWarp is committed to a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either: Over the HostWarp network, by customers or any other users of the HostWarp network (including customers' customers); AND/OR over ANY network- if the message sent advertises or mentions a site hosted on the HostWarp server. 

We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial email (a.k.a. "spam"), cross-posting messages to a large number of Usenet groups, posting obscene or threatening messages while using or referring to an HostWarp email address or web site URL is prohibited. The use of HostWarp servers as a mail drop for responses to activities described above is also prohibited. 

If your domain is involved in spamming activities, and your account is subsequently terminated, then you do not have the right for a refund. This also includes if you have paid for additional services, such as installations of software or IP addresses. 

Resellers: If one of your customers is involved in spamming, then we will suspend their site and not your main WHM account. If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse@zadesigns.com. 

Overselling Policy -
HostWarp may allow our clients to oversell their WHM resources. If we feel that a client's WHM account is too oversold, then we have the right to upgrade that account, through consultation with the client. This policy is to prevent the abuse of resources through HostWarp clients overselling their resources and causing harm to others on the same server. 

No Unlimited disk space or Unlimited data transfer allowed. 

Resellers: HostWarp has the right to refuse service, or discontinue services to those clients who use their HostWarp WHM account and promote "Unlimited disk space and Unlimited data transfer" hosting accounts. We take this rule extremely seriously and have no hesitiation to refuse or discontinue services to any clients who is in breach of this policy. 

Content Policy -
All services provided by HostWarp may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless ZA Design Studios from any claims resulting from the use of the service which damages the subscriber or any other party. 

Pornography is prohibited on some of HostWarp servers. This includes sites that may infer sexual content, or links to adult content elsewhere. HostWarp will be the sole arbiter in determining violations of this provision. 

Also prohibited are sites that promote any illegal activity or present content that may be damaging to HostWarp servers or any other server on the internet. Links to such materials are also prohibited. 

Examples of unacceptable content or links: 

Pirated software. Hacker programs or archives. Warez sites. Online gambling. 

Any illegal activity, including adult content, links to adult content web sites, online gambling, spamming or hacking will result in your site being shut down and is subject to a fine. 

HostWarp will be the sole arbiter as to what constitutes a violation of this provision. 

SSH Policy -
HostWarp enforces a strict "No SSH" policy. Any domain that uses a script which can be used to elevate privileges or enable SSH services, will be instantly suspended. 

CGI/PHP Scripts Policy -
Each account comes with it's own cgi-bin. You are free to use any CGI/PHP scripts you wish, (as long as they are not on our banned script's list) however we reserve the right to disable any CGI script that affects normal server operation or service to other HostWarp customers. You will be notified in 24 hours about an offending cgi script. 

HostWarp is not responsible for the scripts you install on your account. It is not our responsibility to ensure your scripts function. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers. 

HostWarp provides technical support for the Server & Server related software. Any scripts included in the Control Panel are 3rd Party scripts and are not supported by HostWarp, however you may ask for assistance from our members in our forums. 

HostWarp may automatically upgrade a script that has known vulnerabilities to ensure a stable environment on our shared platform. In addition, HostWarp may remove scripts that have no data that may pose a security risk to the server. It is your responsibility to ensure an upgrade is applied promptly if a newer version is available. 

Traffic Policy -
HostWarp allows for very generous traffic, and most sites never exceed 300MB per month, unless they offer shareware, sound, video, image and multimedia archives, are mirror sites or any site whose primary purpose is file distribution. HostWarp's customers are discouraged from storing any files that cause excessive traffic on HostWarp servers (such as illegal software/music). Please contact HostWarp Technical Support team for more information. Again, 99% of the sites do not fall into this category and never reach our traffic limits. 

We reserve the right to refuse service to anyone for any reason not prohibited by law. Also we reserve the right to terminate service to any customer for any reason not prohibited by law. 

Any deliberate attempt to cause damage to HostWarp or any other Internet servers will result in immediate account deactivation without prior notice. No refund is given in this case. 

Backups -
Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client's responsibility to maintain local copies of their web content and information. 

The "Backup Manager" is included in each hosting plan and client can use this tool to back up their files. If loss of data occurs due to an error of HostWarp, we will attempt to recover the date at no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, HostWarp will attempt to recover the data from the most recent archive for a nominal fee. 

Support Policy -
It is the client's responsibility to have a good working knowledge of aspects of their site's operation. Please do not expect the HostWarp support staff to teach you how to use aspects of the tools at your disposal. You can post questions like this in our forum and interact with other HostWarp's members for help etc. 

Uptime Guarantee -
HostWarp guarantees that you're site will be up at least 99.5% of the time during a 1 (one) month period, however we are not responsible for downtime due to the following things: Acts of gods, abuse of server by another client, backbone/dns outages and cgi script overloads. If you would like to request a credit for downtime, you must send an email to webmaster@hostwarp.com and include the time and day of the incident. We can only issue credits at this time. 

Domain Registration -
HostWarp can register domains on behalf of the user. Domains will be registered once payment is received and are non-refundable. You must abide by the terms linked at the bottom of this page entitled "Domain Name Terms". 

HostWarp will only contact you via email regarding domain name renewals. You may receive several notices from us as early as 90 days prior to renewal. Failure to respond to such renewal requests may result in the cancellation of your domain and are subject to $300USD renewal fee (ICANN Prices). HostWarp are not responsible for the renewal of your domain if you fail to respond to our notifications or maintain a credit card on file. Domains are automatically renewed unless a cancellation ticket is submitted at least 30 days prior to renewal. 


HostWarp reserves the right to amend our Terms and Conditions at any time and without notice. It is a good idea to check back every few weeks to see any changes and additions.

The Terms & Conditions were last modified: August 29 2015 22:58:05.