WARP 8 INTERNET SERVICE AGREEMENT (TOS)

1. The WARP 8 Internet Service (the "Service") consists of the computing and communications services, software, databases, data, information and all other material (collectively "Information") available through WARP 8, Inc. ("WARP 8"). These terms and any Acceptable Use Policies ("AUP") published over the Service from time to time by WARP 8 constitute the entire agreement (collectively "Agreement") between WARP 8 and Customer with respect to the Service and supersede all other communications.
2. Upon notice published over the Service, WARP 8 may at any time and with no prior notice to any Customer or User of the Service modify this agreement, the AUP or prices. WARP 8 may also discontinue or revise any aspects of the Service at its sole discretion and without prior notice.
3. Unless otherwise agreed, the Customer's right to use the Service or to designate users is not transferable and is subject to any limits established by WARP 8, or by Customer's credit card company if billing is through a credit card. The Service is a Private Membership System. As such, WARP 8 reserves the right to refuse any applications, or cancel any membership with a full refund of unused fees, with the exception of setup fees, at its sole discretion. Should WARP 8 suspend or terminate the Service pursuant to this agreement, the Subscriber has no right to any data stored and WARP 8 will be under no obligation to make such data or any copies of it available to subscriber in any form whatsoever. Should this agreement terminate for any reason whatsoever, Subscriber data stored on WARP 8's facilities will be explicitly erased without prior notification.
4. Any means of identification assigned to you by WARP 8 (including usernames and email addresses) will remain the property of WARP 8 and may be altered or replaced at WARP 8's sole discretion at any time.
5. Customer agrees to indemnify WARP 8 against liability for any and all use of customer's account.
6. Except for software provided by WARP 8, the Customer is responsible for providing and maintaining all equipment, services and other software necessary to access the Service.
7. CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE, WHICH INCLUDES THE CONTENTS THEREOF AND ANY STORAGE OR USE OF INFORMATION, IS AT CUSTOMER'S SOLE RISK. NEITHER WARP 8 NOR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES WARP 8 OR ANY OF ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE SERVICE OR INFORMATION. NEITHER WARP 8 NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY WARRANTY. THE PROVISIONS OF THIS SECTION 7 WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
8. Neither Customer nor its designated Users may reproduce, redistribute, retransmit, publish or otherwise transfer, or commercially exploit, any proprietary information which they receive through the Service except in writing and signed by a duly authorized representative of WARP 8.
9. The provisions of Paragraph 7 and 8 are for the benefit of WARP 8 and its Information Providers, Licensors, Employees, and Agents; and each shall have the right to assert and enforce such provisions directly on its own behalf.
10. This agreement is, and shall be governed by and construed in accordance with the law of the State of Colorado applicable to agreements, made and performed in Colorado. Any cause of action of Customer or its designated Users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.
11. Charges for the Service provided under this agreement will be accumulated and identified by User-Id and will normally be invoiced via e-mail at the beginning of each cycle for that cycle's service.  Accounting Cycle- customer's monthly accounting cycle begins on the Commencement Date. Accounts must be paid in advance by the Commencement Date of each month; thus, if Customer's Commencement Date is July 12th, then Customer must pay the Monthly Service Fee by the twelth day of each month. Accounts that are delinquent may be put on "accounting hold" and may not be used. Accounts that are unpaid for one month automatically have their files archived. Accounts that are unpaid for two months will have their files purged. Accounts continue to accrue charges while they are on hold. In addition to any accrued charges while the Account is on hold, there is a Service Reconnection Charge.  Standard payment terms are by credit card or electronic withdrawal (ACH) on a monthly basis.  Warp 8 automatically debits payments by Customer original payment method until modified by customer. Customer may pay by any method specified on Warp 8's Fee Schedule. Check payment is accepted only for semi-annual or annual accounts, select high volume commercial accounts or by previous approval of Warp 8, Inc.  All invoices are due in the currency in which billed. If any payment due hereunder is not made by the Customer when due, the maximum late charges allowed by Colorado Law may be added and payable with respect to such payment. WARP 8 may, in addition, at its sole discretion and without notice to the Customer, (a) suspend its performance under this agreement and the Customer's and its Users' access to and use of the Service until full payment of outstanding balance or (b) terminate this agreement and the Customer's and its Users' access to and the use of the Service. In the event the Service has been suspended, the account will only be re-instated with a credit card or ACH payment method going forward. Delinquent accounts may be terminated and subject to a reinstatement fee. The Customer agrees to pay all sales, use, and excise taxes, duties, or levies, which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on the Customer's account. WARP 8 has the right to assign any past due accounts to a third party collection agency.
12. If you believe that WARP 8 has billed you in error, you must contact the Customer Service Department within 60 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 60 days old.
13. LOCAL ACCESS DIALUP NUMBERS MAY NOT BE AVAILABLE IN ALL AREAS. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE IF USE OF A PARTICULAR WARP 8 DIALUP NUMBER WILL CAUSE YOU TO INCUR LONG-DISTANCE, TOLL OR OTHER CHARGES. WARP 8 IS NOT RESPONSIBLE FOR ANY LONG-DISTANCE OR TOLL CHARGES INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE. YOU ARE SOLELY RESPONSIBLE FOR ALL TELECOMMUNICATIONS CHARGES INCLUDING LOCAL AND LONG-DISTANCE TELEPHONE CHARGES FOR CONNECTION TO THE SERVICE BY YOU AND BY THOSE WHO ACCESS THE SERVICE THROUGH YOUR ACCOUNT.
14. Cancellations must be directed to the Customer Service Department and made by the following methods only: email cancellation to custservice@WARP 8.com, or telephone our Customer Service Department directly. Your termination will only be complete upon your receipt of a confirmation cancellation number from WARP 8. Charges to your account will stop accruing on the specified date of termination, which will be at the end of the current cycle of service. WARP 8 does not issue pro rata fee refunds. Customers who cancel new accounts within 24 hours of creation will receive a refund of unused access fees. Setup fees are non-refundable. If the Customer fails to properly cancel the Service, the maximum refund allowed will be two (2) months.
15. Termination of the Service does not release you from the obligation to pay all accrued charges under this Agreement.
16. WARP 8 reserves the right to sell your Service to another Internet Service Provider.
17. This Agreement, and any AUP published by WARP 8 over the Service from time to time, contains the full understanding of the parties with respect to the subject matter hereof. As set forth previously in Sections 1 and 2 above, WARP 8 may modify or alter the terms of this Agreement and any AUP at its sole discretion and without prior notice to User or Customer. No waiver, alteration, or modification of any of the provisions hereof by User or Customer shall be binding on WARP 8 unless in writing and signed by duly authorized representatives of the parties. Neither the course of conduct between parties nor trade practices shall act to modify the provisions of the Agreement.
18. Customer agrees that Customer may be liable for any damage to WARP 8, WARP 8's equipment, or WARP 8's system that is associated with the delivery of the Service, as well as any damage to other third parties, in the event Customer engages in any conduct that is commonly referred to as spamming, mass e-mailing, junk e-mailing, "mail-bombing", "news-bombing" or automated bulk mailing of messages, content, or communications by use of the WARP 8 Service provided under this Agreement.

Acceptable Use Policy