Terms of Service

Effective July 10, 2022. Last updated October 13, 2024.

1. Definitions

a. Word definitions:

1. "Additional Terms" means additional Service specific Terms of Service, Disclaimers, Privacy Policy, Third Party Terms and other Terms provided to a User through this document or other channel.
2. "Applicable Law" means any and all laws, regulations, rules and orders applicable under the authority of any Governmental Body having jurisdiction over Us or the User.
3. "warpcs.org", "warpcs", "warp CS", "We", "Our", and "Us" refers to Wilton Arthur Poth Cloud Services (sole proprietorship) (legal). These names are also used outside of this document on services provided by this entity.
4. "Services" means warpcs services, which includes websites, apps and other products. An incomplete list of services can be found on the status page and on the bottom of our main page under "Services".
5. "User" and "You" refers to the individual or legal entity accessing these Services. If you, as an individual, are accessing the Services or acting on behalf of a company or other legal entity, you confirm that you have the legal authority to bind the entity to these Terms.
6. "User Account" or "Account" refers to an account of a User. A User may be in control of one or more User Accounts.

b. Entire sections or subsections are referenced using §N, where N is the name of the section, which is a number or a number and letter combination, potentially separated by a dot. Individual paragraphs are referenced using §NP, where N is the same as previously defined, and P is the lowercase paragraph letter, potentially followed by a number. A specific point of a list in a paragraph is referenced by an appended .L, where L is the index. The following are examples, and are all references different portions of text: §1, §A1, §2b

c. This document is contract between You and warpcs.org as defined in §1a, about the usage of Our Services.

d. Our Services include all services under this domain (warpcs.org) and all Services which reference this document. Additionally, Our Services may include services running under any of the following domains: (link). These Services include web services, mail services, and other IT services, and are not exhaustively listed here.

2. Access and restrictions to the use of the Services

a. Generally, accessing the Services does not require creation or ownership of a User Account. Specific Services, especially Services for communication, publishing content or similar purposes, and Services which allow the User direct interaction with Our infrastructure, may require a User Account, as stated in §3.

b. By accessing and using Our Services, You agree to:

1. not create copies or duplicates of Our Services without Our prior explicit permission,
2. not infringe copyright or trademark rights of Our Services,
3. not abuse Our Services in any way that could impact the Services or degrade the ability of other Users to use the Services,
4. not attempt to gain unauthorized access to any of Our internal systems, nor attempt to make unauthorized changes to data stored on Our systems,
5. not perform automated scans of Our infrastructure, especially web content,
6. respect robots.txt directives, which means it is not permitted to perform automated scraping or crawling of web pages excluded by a corresponding robots.txt directive; the robots.txt file may be at a different location than the usual, indicated by a HTTP redirect,
7. not provide Us with personal information which is not genuine, if applicable,
8. report any security vulnerabilites that you found in the Services immediately and confidentially,
9. use the Services at your own risk; see §5 for additional information.

3. User Account

a. By creating an account for the purpose of using the Services, You agree to provide accurate and genuine information according to §6.3b. For the purposes of fraud prevention, We may require a user to take additional steps for identity verification.

b. A User Account requires login credentials in the form of a username and password. You are responsible for maintaining the security of Your Account. You agree to not disclose Your login credentials to any third party and the use of a strong password, which is ideally only stored on cold storage, or not on any storage device. This also means You are not permitted to transfer Your Account to any other entity. You agree to use additional account security measures to protect Your Account, for instance by using Two-Factor Authentication, if possible.

c. If You believe your account has been compromised, You agree to notify Us immediately through one of our contact methods. Note that We cannot guarantee our ability to return account ownership back to You (for example, because You cannot sufficiently verify account ownership).

d. You agree You will not use the Account to promote inappropriate or illegal content, media, or information, or to infringe other's intellectual property, or trademark rights. This includes choosing an appropriate username and other public account settings. You also agree to refrain from harassing other users or site operators. If We deem any settings or activities under Your Account to be inappropriate or in violation of the Terms, We reserve the right to edit or terminate Your Account immediately and without prior notice.

e. To create an account, you must be at least 16 years old.

4. User Content

a. Some Services may provide Users the ability to post User-generated content. This includes, for example, text, images, videos, and other documents.

b. You are responsible for any content generated by You. We are not responsible for User-generated content and possible uses of this content by other Users.
You agree that Your content is not any of the following:

1. unlawful, not morally acceptable, or promoting illegal activity, including unauthorized impersonation of any person or entity
2. infringing of other's privacy, intellectual property, or trademark rights
3. defamatory, discriminatory, or negatively generalizing any group
4. any kind of malware, designed to interrupt, damage, or gain unauthorized access to equipment or digital assets of Us or a third person
5. false information

c. By publishing content through any of the Services, You grant Us the license and rights to modify, distribute, monitor, and display any of the content through any of the Services. Your content is still protected under applicable property and copyright laws, and legally owned by You. We also reserve the right to remove any content We deem inappropriate or dangerous immediately and without prior notice. A User may also receive further consequences for these activities as stated under §3 and §10.2.

d. You agree to not use Services where You are able to publish content for any form of external or personal mass data storage, unless it is explicitly or obviously designed to serve this purpose.

4.1. Infringement of Intellectual Property Rights

a. We respect intellectual property rights of others. If you are a intellectual property holder and believe your rights are being infringed by Us or Users of Our Services, You may contact us with a detailed description of the infringement. If You are not the legal property holder and thereby filing a false complaint for the property ownership, You may be held accountable for any damages caused by the false report.

b. Upon receipt of Your report, We may take any action We deem to be appropriate, which includes removing the challenged content. If a User of Our Services is responsible for the infringement, We reserve the right to terminate the User Account immediately, especially if We consider the infringement to be severe.

5. Reliability and Data Integrity

a. Unless explicitly stated otherwise, We can only guarantee availability of the Services on a best-effort basis. This means We cannot guarantee availability of the Services at all times. The use of the Services is at your own risk. You agree to not use the Services in any environment or situation where the failure of the Services can lead to any of the following:

1. serious injury or death of any person
2. severe physical or environmental damage
3. financial or other damage to You, Your organization, or similar entities

b. If any of the Services guarantee a minimum availability, We will not be held responsible for the failure to meet the guarantees if the cause is beyond Our reasonable control. This includes, for example, natural disasters, legal issues, bankruptcy, severe hardware failure, failure of upstream providers to meet their requirements, acts of terrorism, or governmental orders.

c. We cannot guarantee that data or content by You stored using Our Services will be indefinitely available without corruption or at all. You are assumed to have an independent and usable backup of Your content or data at all times. We will not be held responsible for any loss or corruption of data stored in Our Services.

6. Disclaimers

6.1. Links to Other Websites

Our Services may include links to other websites or services not owned or controlled by Us. We are not responsible for any possible alleged direct or indirect damage caused in connection with aforementied websites or services, for which other Terms and Policies likely apply.

6.2. Content Hosted on Our Infrastructure

We are in full control of and claim full responsibility for all top-level content on these domains, including any subdomains: (link), as long as no other event or breach of these Terms by a User has caused changes to the content not performed by Us, following a security breach or similar incident for example. Other domains may also be in full or partial control of Us, but may contain top-level content not checked by Us before being published. "Top-level Content" refers to resources such as HTML pages, but excludes User-editable images, names and similar resources as described in §4.

6.3. Liability for User Actions

a. We take no liability in the accuracy of information, including personal information, provided by Users.

b. All information provided by You as a User must be accurate and genuine during all processes and interactions with Our Services. You also agree to assure that Your provided information is accurate for the entire duration of You using the Services.

c. We assume user-provided information to be accurate at all times and do not take responsibility for any kind of damages caused by a User providing bogus or forged information or documents, providing illegally or illegitimately obtained documents, or failing to keep information up to date. Such a User is solely responsible for these types of damages.

d. We are not responsible for the actions performed by Users. It is the sole responsibility of the User to abide by all national and international laws. The real identities of Users are the entities entering a contract with Us and are the ones held responsible for their actions, regardless of the alleged personal information potentially provided to Us.

7. Severability

Every provision of these Terms will be construed to the maximum extent possible under Applicable Law. If any provisions of these Terms are deemed to be invalid, illegal, or unenforcable by a higher legal authority, these provisions shall be considered severed from these Terms, while the remaining provisions will continue to remain in full force and effect.

8. Waiver

The failure of Us to enforce any of the provisions in these Terms at any time does not imply a waiver of these provisions and will not in any way affect the validity of these Terms. A waiver of a breach does not constitute a continuing waiver.

9. Indemnity

To the fullest extent possible by Applicable Law, You will indemnify Us and our employees, if any, and hold these parties harmless from any and all claims, liabilities, damages, and costs related to Your use of Our Services.

10. Termination

If You do not own a User Account, you are free to leave Our Services and websites at any time, which immediately ends any legal bindings between You and Us.

10.1. Termination of User Account by User

a. If You are the owner of a User Account, you may terminate the User Account at any time. Terminating a User Account does not guarantee the deletion of all content submitted to Our Services by You. Only data provided by you in the Account settings are guaranteed to be permanently deleted upon termination of Your Account. The extent of data deletion may be extended by Additional Terms of specific Services.

b. Upon termination of Your Account by any means, Your ability to use the Services with privileges provided by a User Account ceases immediately.

10.2. Termination of User Account by Us

a. We reserve the right to terminate Your Account immediately and without prior notice, upon violation of these Terms or for any other reason, for example to comply with a legal order. Termination of an Account by Us does not guarantee immediate deletion of User data as described in §10.1. Instead, this data may be stored for up to 30 days after termination of a User Account for investigative purposes, depending on the severity of the breach of these Terms.

b. You may appeal account termination for at least 7 days by contacting us.

c. We also reserve the right to block You from accessing Our Services entirely and indefinitely, including when You do not have a User Account, upon a severe or persistent breach of these Terms.

11. Additional Terms

a. In the following paragraphs, the additional Terms of some of Our Services are linked for Your reference. These only apply if You use the corresponding Service.

b. "Hosting Management Interface", or "manager.highperformancewebhosting.com", is the service provided under https://manager.highperformancewebhosting.com/. Additional Terms.

c. "warp CS Commerce", or referenced using "Management and billing services provided by (any term referencing Us as defined in §1a.3)", is the service provided under https://ec.warpcs.com/. Additional Terms.