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Immortal Servers
Terms of Service
Last Revision: 12/06/2009 |
| 1. General Terms |
1.1. These Terms of Service authorise your use, access and membership to Immortal Servers. Throughout these Terms of Service, the terms “we”, “us” or other first person pronouns are reference to Immortal Servers.
1.2. Immortal Servers provides game servers, web hosting, dedicated servers, collocation and various other internet based activities. Throughout this agreement, these services may be referred to as “our services”, “the services” or similar by syntax.
1.3. We have the right to revise, amend and/or modify this policy and all our other policies and agreements at any time without notification.
1.4. If you do not agree to be bound by these Terms of Service, you are forbidden to use our site and any services provided by us. You must exit the Immortal Servers site immediately.
1.5. By agreeing to these Terms of Service, you consent to resolve any dispute that you have with us in a court of our choosing.
1.6. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of our services or any of the materials contained therein is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
1.7. We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay our performance. |
| 2. Membership |
2.1. The user or any person entering this agreement on behalf of a user, warrants they are 13 years of age or older. Those under the age of 18, warrant they have permission of a parent or legal guardian to access and use our services. Immortal Servers cannot be held liable for
any misrepresentations of a user’s age. Users under 13 years of age must terminate their use of our services immediately.
2.2. Account User ID’s and passwords are non transferrable and may not be sold to a third party. If a user obtains access through the use of fraud, we may terminate membership immediately and take all necessary and appropriate actions under applicable national and international laws.
2.3. To lease services provided by Immortal Servers, or to access non-public areas and resources that we offer, you will be asked to provide certain registration details and other relevant information. It is your responsibility to ensure that the information provided is correct, up to date and complete. If the information provided is found to be incorrect, outdated or incomplete, we reserve the right to suspend and/or terminate your access to our services at anytime with no refund due.
2.4. It is your responsibility to maintain and promptly update registration data, to ensure it is correct, current and complete. This data can be altered within the online client portal, and includes, but is not limited to, your address, contact numbers and billing information.
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| 3. Account Security |
3.1. You warrant that you will not disclose to any other person your unique username and password, and you will not provide access to our services to anyone who is not specifically authorized to use them.
3.2. You are responsible for the confidentiality of your username and password, and are fully responsible for all activities that occur under your user id. We will never release your password for security reasons.
3.3. You agree to immediately notify us of any unauthorised use of your username and password or any other security breach.
3.4. Immortal Servers will never request your password to any of our services via e-mail. If you
receive an e-mail requesting any password to our services, please contact us immediately.
Any information you can provide about the sender is useful.
3.5. Immortal Servers provides a highly secure, 128 Bit environment throughout the entire checkout procedure, and data sensitive areas within our client portal. This area includesm your Personal Information, Support Tickets and Billing Information. If you have any questions about the security of our portal, please contact us.
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| 4. Billing & Refund Policy |
4.1. Any transactions that occur with respect to Immortal Servers are non refundable. Any Credit Card Chargeback’s, Dishonoured Cheques and any other related fee’s that we incur with respect to your account are your responsibility.
4.2. Immortal Servers reserves the right to send overdue accounts to a debt collection agency. All charges involved in the collection of overdue accounts will be payable by the client.
4.2.1. Immortal Servers reserves the right to change the price of any of our services at any time without prior notice.
4.3. Any amounts paid into a users account as “credit” are non-refundable and can only be used on Immortal Servers services. This includes, but is not limited to Recurring Payments, Pre-Deposited Funds and Overpayments.
4.4. In the event that a service provided by Immortal Servers is faulty. It is our user’s responsibility to inform our Technical team. Our Technical Team will attempt to repair the issue with a high priority status. Once repaired, our user will then be credited for the downtime accordingly. Should a fault discovered be deemed non repairable, a full refund will be issued via the original billing source.
4.5. Dedicated Server customers have the right to cancel their service and receive a full refund within 7 days.
4.6. If opting to pay via PayPal an automated PayPal Subscription may be created. You will receive e-mails regarding the subscription details from PayPal directly. It is your responsibility to manage this subscription at all times.
4.7. Immortal Servers cannot and will not refund any PayPal Subscription payments, even after a cancellation request has been received. In the event a subscription payment is processed and no services are active, the payment will automatically be added as account credit, and therefore clause 4.3 applies.
4.8. In the event a client pays an invoice manually, and then a recurring PayPal subscription payment is processed, the amount will be credited to the account, and therefore clause 4.3 applies.
4.9. All refunds are at the sole discretion of Immortal Servers.
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| 5. Voice Servers |
5.1. “Voice Servers” refers to a single voice process running on a dedicated machine. Server side programs requiring a second process are only allowed at the sole discretion of Immortal Servers. Users found running more than one process without prior permission will be subject to account termination. Immortal Servers does not allow the use of any Bots on our services.
5.2. All servers must display a hostname in the form of “Server Name| Immortal Servers” unless the de-branding option has been selected. If so, our user has the right to remove Immortal Servers from the hostname.
5.3 The “Slots” of a voice server specify the maximum amount of users allowed in the server at any one time. You may not alter this setting at any time. Users attempting to increase this setting are breaching these Terms of Service and are subject to account suspension or terminaion and billing for the appropriate slots.
5.4. You agree that Immortal Servers reserve the right to temporarily suspend your server to perform planned maintenance to our network or service equipment. We agree that we will notify all clients within 48 hours of maintenance to our game server network where at all possible.
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| 6. Game Servers |
6.1. “Game Server” refers to a single game process running on a dedicated machine. Server side programs requiring a second process are only allowed at the sole discretion of Immortal Servers. Users found running more than one process without prior permission will be subject to account termination. Immortal Servers does not allow the use of any Bots on our services
6.2. All servers must display a hostname in the form of “Server Name| Immortal Servers” unless the de-branding option has been selected. If so, our user has the right to remove Immortal Servers from the hostname.
6.3. Immortal Servers enforces a maximum “max rate” setting of “25000”. You may not alter this setting above 25000 at any time.
6.4. The “Slots” of a game server specify the maximum amount of players allowed in the server at any one time. You may not alter this setting at any time. Users attempting to increase this setting are breaching these Terms of Service and are subject to account suspension and billing for the appropriate slots.
6.5. “Private” or “Public” status of game servers determines the status of the server. Private Servers should be password protected at all times. Players wishing to connect to these servers require a password as set by the server owner. Public game servers do not require a password, and therefore any player can connect and play on the service. Public servers can be password protected if required. Clients attempting to make there “Private” Server “Public” will be suspended appropriately.
6.6. You agree that Immortal Servers reserve the right to temporarily suspend your server to perform planned maintenance to our network or service equipment. We agree that we will notify all clients within 48 hours of maintenance to our game server network where at all possible.
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| 7. Virtual Private Servers (VPS) |
7.1. The supplier provides Virtual Private Servers (VPS) which are accessed via TCP/UDP.
7.2. All content on customer VPS remain the responsibility of the customer, and will be liable for any costs incurred from over-usage or misuse.
7.3. Should you exceed your allocated bandwidth limit, overage fees will apply. Overage is charged at £0.25 per GB. If the first incident of overuse does not exceed the bandwidth limit, the fees will be waived.
7.4. Should your account or server be the target of an attack, the supplier reserves the right to suspend and/or terminate your services at their discretion.
7.5. The supplier reserves the right to delete, without prior warning, any files which violate the below terms. The supplier also reserves the right to modify, suspend or terminate your service at their discretion.
7.6. We do not allow IRC, Bittorrents or Warez Linking. IRC ports are filtered out on all of our host machines, and any user found to be using their VPS for IRC, Bittorrents, Warez Linking or any other illegal activity will be terminated. |
| 8. Colocation Services |
8.1. Our user accepts full responsibility for delivery and collection of Colocation equipment to the data centre. It is our user’s responsibility to ensure that the equipment reaches us in working condition. Immortal Servers cannot accept any liability for damage of equipment during transit to and from the centre.
8.2. When a service is terminated, Immortal Servers will hold the equipment for a maximum of 7 days. However, we recommend the equipment is collected as soon as possible. If the equipment is stored beyond 7 days, we will charge a £45 flat rate fee per week.
8.3. Immortal Servers will not allow physical access to collocated servers stored in shared racks, which are used by more than one Immortal Servers customer. In order to gain physical access to a user’s server, they must request usage of an isolated room. This room is charged at £35 per hour. In the event of this, our staff will disconnect your server from our racks, and place your machine in this isolated room.
8.4. Whilst your Colocation service remains active with Immortal Servers, your server is insured against accidental damage, including fire and theft. This insurance does not cover loss of data, and/or software on the server.
8.5. Colocation equipment will be held until all debts are paid. If Colocation debts are not paidn within 10 working days of an invoice becoming overdue, Immortal Servers reserves the right to hold/sell the equipment in order to regain capital. Clause 4.2 Applies.
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| 9. Account Cancellation/Termination |
9.1. You reserve the right to cancel your membership at any time by opening a support ticket from within the Immortal Servers Client Portal. You agree to provide a reason for cancelling the service, and agree to cover any outstanding fees currently owed by the service. (Dedicated Server Customers, Please See Term 6.8)
9.2. In the event a cancellation request from the account owner is received, no refund will be granted. No credit can be converted to cash or any other form of reimbursement.
8.3. You hereby agree to be personally liable for any and all charges that should incur during the cancellation/termination of your service.
9.4. We may immediately temporarily suspend, indefinitely suspend or immediately terminate your access and use of our services, with or without prior notice, should:
- We find you to be breaching/have breached these Terms of Service
- We are unable to verify your identity through the information you have given us.
- We believe your actions may cause legal liability for you, our users or ourselves.
- We believe you have breached the Terms and Conditions set by the Game Publishers.
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