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XtremeGameServers Terms Of Service Agreement.

 

Foreword

Terms of Service (TOS)
The XtremeGameServers Terms of Service (this " Agreement ") govern your purchase and use of all XtremeGameServers services (collectively, the " Services "), as described in the Order Form(s) submitted by you and accepted by XtremeGameServers. You (the " Client, Customer, Renter, Subscriber ") must register and accept the terms of this Agreement in order to use the Services. BY CLICKING ON THE "I ACCEPT" BUTTON ON THE ORDER FORM, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. XtremeGameServers may modify any of the terms and conditions contained in this Agreement, at any time in its sole discretion. Any modifications are effective upon posting of the revisions on the XtremeGameServers web site (the " Site "). Your continued use of the Services following XtremeGameServers posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify XtremeGameServers of your termination of this Agreement by submitting a support request through the XtremeGameServers online support center as outlined in section "payments/cancellations".

Customer Information

The customer agrees to provide accurate information when registering for service on the XtremeGameServers.org website. Any falsification of registration information with the intent to deceive will render all obligations XtremeGameServers has towards the customer null and void. Any change of contact information must be edited by the customer in their profile in the members section of the XtremeGameServers.org web site.

Usage of Services offered by XtremeGameServers
General Terms and Conditions
In consideration of use of the Service, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and (2) to maintain and update this information to keep it true, and complete. If any information provided by you is untrue or incomplete, XtremeGameServers has the right to terminate your service and disallow you from subscribing to any other services provided by XtremeGameServers. XtremeGameServers reserves the right to cancel the customer’s service at any given time if we have any suspicion of them not abiding to this terms of service agreement.
Pricing
Rates: Subscriber acknowledges that the nature of the Service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that XtremeGameServers may prospectively change the specified rates and hosting / server accounts from time to time on its Web site. Any Subscriber who has signed up at a certain monthly pricing rate and hosting / server specification size will remain on that pricing/specification for a time period of at least six months from signup. Of course, you may upgrade/downgrade to a new hosting / server offer during this time, if required. Our advertised plans may increase or decrease in price at anytime depending on the current market. XtremeGameServers will make a best effort to communicate any changes in pricing or packages to the customer and make this information available on the XtremeGameServers website.
Terms
This Agreement shall be for an "Initial Term" as chosen by you in the Order Form located on this Site at the time you register for the Services. This Agreement will be automatically renewed at the end of the Initial Term for the same period as the Initial Term unless you provide XtremeGameServers.org with notice of termination seven (7) days prior to the end of the Initial Term or the Renewal Term.
Payments & Cancellations
All payments are due before service begins. Service payments are expected on or before their due date. Since service suspensions and termination of service is handled by our automated systems, requests to cancel your service will be honored only if made through the XtremeGameServers Support Ticket System  The owner of the server can only make this cancellation; upon request the cancellation will be instant. If server has not been cancelled and payment continues due to the automatic billing system no refunds will be placed. XtremeGameServers requires a seven (7) day written cancellation notice prior to the start of the next billing cycle for discontinuance of service which also include downgrades of services. Failure to supply the requisite seven (7) days written notice of cancellation will result in a full billable monthly cycle prior to cancellation.
Authorization
You authorize XtremeGameServers to charge your credit or debit card to pay for any charges that may apply to your account. You must notify XtremeGameServers of any changes to your card account (including, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit XtremeGameServers from charging your account. Your failure to fully pay any fees and taxes within 72 hours from the applicable due date is a material breach of this Agreement, justifying XtremeGameServers to suspend its performance and terminate this Agreement. If XtremeGameServers terminates for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts you owe to XtremeGameServers under this Agreement. You are responsible for any costs XtremeGameServers incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees.
Refunds & Disputes
All services rendered by XtremeGameServers have a 5 day money back gurentee from date noted on invoice. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside our secure customer portal located at http://www.xtremegameservers.org/billing. Customer agrees not to dispute any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to recovery by an authorized collection agency.

In the event a chargeback request is submitted to your CC processor before contacting us regarding the issue, we will treat this as an attempt to defraud our company and will be forced to take appropriate actions as outlined here. XtremeGameServers is fully against all forms of online fraud. If you submit an order or request a refund in an attempt to defraud our company, we will turn over all information collected to the proper authorities for possible legal action.
Re-Activation
Any servers terminated for non-payment and then re-activated will be subject to a $10.00USD charge, if the server has been terminated for over 7 Days, the regular setup fee will apply. Dedicated machines will be charged a $25.00USD fee for re-activation.
Server Inspections
XtremeGameServers reserves the right to inspect the customer’s services at any time to ensure they are in accordance to the terms of service agreement outlined here.
Personal Folders
Any personal folders found on shared game server accounts or redirect accounts will be deleted without notice and a warning will be issued. If subsequent occurrences are discovered a $20.00USD penalty fee will be incurred.
Server Maintenance
Server maintenance for shared Game Server and Voice Server customers will be performed by XtremeGameServers staff.   All maintenance announcements will be posted in the Customer Forums at least 24 hours before any scheduled maintenance is to be done. In the case of emergencies we will make a best practice effort to inform you of the nature of the maintenance as it's happening.
Server Uptime
Customers are responsible for their server’s uptime. If the customer’s server happens to be down they should reboot the server from the Control Panel Software provided by XtremeGameServers or contact the support staff through the online support desk. Although XtremeGameServers staff does monitor the dedicated servers regularly, we cannot monitor each and every game server. On most occasions our Control Panel Software will reboot your game server if there is a crash but sometimes this is not the case, if the server has not rebooted please contact the support team.
Server Modifications
All modifications of the stock shared game server provided are installed at the clients own risk. Server crashes or down time caused by the server modifications is the customers responsibility. XtremeGameServers will not provide refunds for downtime as a result of improperly installed modifications.
Server Bots
XtremeGameServers reserves the right to limit the use of server bots if resource usage impacts other users on the shared game servers.
Service Add-on uninstalls
XtremeGameServers reserves the right to uninstall or remove any file, server patch or modification that causes or may cause degradation in system performance, increased vulnerability of the XtremeGameServers servers, or effects the overall quality of service for other customers. Please check with XtremeGameServers Tech Support staff before hand to ensure that your mod qualifies to XtremeGameServers standards.
General Use
While in/using any machines, servers, or services offered by XtremeGameServers, you may not: Engage in any activities that would cause excessive distress or slander upon any other person; transmit or copy any data that is not owned, licensed by you, or is obscene or racially/ethically objectionable.
Hacking
Any customer caught Hacking XtremeGameServers servers/equipment will have their service terminated and will not receive a refund. This includes hacking the routers, switch's, or operating systems on the machines themselves, or through any other type of access (such as FTP, Telnet, SSH, etc).
(Hacking will be determined as attempting to access any system or subsystem you are not given express consent by XtremeGameServers to access.)
Limitations of Support
XtremeGameServers will provide support for any server related problems and will assist with 3rd party addon's installed for use within the Control Panel.  Customers wishing to install mods or plugins not found within the Control Panel "Mods" menu do so at their own risk. (see above "Server Modifications).
IRC
We do not allow use of IRC Servers to be operated on any of our systems. Anyone who is found running an IRC server could result in termination of services. The use of IRC Reporters for the purpose of collecting stats is acceptable.
Data: XtremeGameServers agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.
Electronic Signature: Acceptance of the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.
Guarantees of Service offered by XtremeGameServers
Network Uptime
Our upstream providers offer us a 99% uptime. This means we guarantee the networks we connect to to be available 707.4 hours out of 720 hours a month (based on a 30 day month) or no more than 13.5 hours of network downtime a month.
Machine Uptime
XtremeGameServers, Reserves the right to have machines down for scheduled maintenance 12 hours a month and unscheduled maintenance 6 hours a month. This does not include downtime for support related issues initiated by the client. For hardware failure we reserve the right to have 24 hours a month for dealing with hardware failure on machines. This includes any downtime for hardware failure on such machines as the web servers and voice machines.
Server Config Related Downtime
XtremeGameServers offers no guarantee of uptime where the configuration of the game server instance itself is the cause of the downtime. We will however work diligently to get it running again if such downtime occurs. While we do monitor game servers for uptime, it is the customer's responsibility to report any down server issues to us where the cause is mis-configuration. All reports should be logged via the XtremeGameServers online support desk.
Server Config Related Downtime
If a game server is down for longer than the time limits specified above the compensation is a 1:1 ratio in days. So if the server is down for 25 hours due to hardware failure we will offer 2 day compensation. To receive 3 days the server would have to be down for over 48 hours, etc....
Failure to comply
Failure to comply with the Terms of Service will result in termination of the customer’s Service without refunds.
We reserve the right to update this document at any time. (Please see date below)
Acknowledgements By User
Computer and Network/Internet Faults:
You the user acknowledge that computer and network systems are not fault free and there may be times when these systems experience interruptions and downtime (unavailability). XtremeGameServers does not guarantee uninterrupted service though does make compensation for certain types of interruption as listed earlier in this document. The user agrees that he/she/they shall make no claim of breach of contract for any such interruption.
Copyrights/Trademarks: The user acknowledges that all copyrights and trademarks (registered and unregistered), intellectual property, design rights (registered and unregistered), in the website, the machines and the game servers belongs to XtremeGameServers and the user shall not infringe on any of those rights. This includes copying, distribution and/or modification without prior written consent from XtremeGameServers.

The user acknowledges that certain material is supplied under license and that such property rights are owned by the licensor.

Communication: The user acknowledges that they shall not use any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, racial, sexually oriented, or otherwise objectionable material in communication with XtremeGameServers staff, post such material on the XtremeGameServers forums, or have such material on their servers and or web sites. XtremeGameServers reserves the right to remove any such material it finds objectionable and/or terminate service of the offender.

Fast Download Space: Fast download space is given upon request, and will only contain game server material, and shall NOT be used as personal storage. We reserve the right to check fast download space at any given time, if we feel that the space given is being used for personal storage/contains personal files, the content and/or space will be deleted, and user suspended.

Liability:

IN NO EVENT WILL XTREMEGAMESERVERS BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, DATA OR GOODWILL WHETHER INCURRED OR SUFFERED AS A RESULT OF UNAVAILABILITY OF THE SERVICES, PERFORMANCE, NONPERFORMANCE, NEGLIGENCE, TERMINATION, BREACH OR ACTION OR INACTION UNDER THIS AGREEMENT EVEN IF CLIENT ADVISES XTREMEGAMESERVERS OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION ON LIABILITY, HOWEVER, SHALL NOT RELIEVE XTREMEGAMESERVERS FROM LIABILITY FOR DIRECT DAMAGES ARISING SOLELY OUT OF XTREMEGAMESERVERS GROSS NEGLIGENCE OR WANTON OR WILLFUL MISCONDUCT IN PERFORMANCE OF THE HOSTING SERVICES.

Acceptance of Terms

The user of any XtremeGameServers service, agrees to be bound by these terms and services. Failure to accept these terms and services means the user does not have permission to access any services offered by XtremeGameServers and must cease use immediately. By logging into or otherwise using any services offered by XtremeGameServers the user consents to all terms and conditions of said service.

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