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Conditions of Use
Last Modified: 17th June 2008
Table of Contents
General
Copyright
Web Hosting - Rules of Conduct
Managing Content
Software Piracy
Customer Information
Non-Disclosure of User Login IDs and Passwords
Data Backups and Archival
Game Server TCP/IP Addresses and Ports
FTP Access
Player Slots
com_hunkmegs
Tickrates
Storage Quotas
Bandwidth Quotas
Mods & Customizations
Branding
Cancellation
Game Versions
Subscription Changes
TeamSpeak
VoIP in BF2 and BF2142
Bot Restrictions
Private Servers
COOP Mode (Bots) in the Battlefield Series
Data Center Transfers
Payments
Email Services
Web Hosting Services
Support
Unpaid Accounts
Refunds
Right of Refusal
Remedies
No Endorsement
External Sites
Indemnity
Termination of Service
Disclaimer
Miscellaneous
Acceptance
General
This Agreement governs your use of all of our services, including the web site (fpsgameservers.com) and its associated
services and interactive areas, Game Server Hosting, Voice Chat Server Hosting, Email Services and Web Hosting Services; collectively
these are all known as the "Services". This agreement covers any and all services sold by FPSGameServers.com (including
services sold under our old operating name, CoDClanServers.net), which are owned and operated by FPSGameServers.com and its customers,
subsidiaries, affiliates, divisions and related companies ("FPSGameServers").
FPSGameServers.com reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement in
whole or in part, at any time. Changes in this Agreement will become effective immediately upon being published to our website. The
"Last Modified" date (see above) indicates the date that this agreement was last updated. It is your responsibility to stay current
with the terms of this agreement. Your continued use of the Services after any changes to this Agreement are posted will be considered
acceptance of those changes. Your use of any and all services hosted by FPSGameServers.com constitutes your binding acceptance of
these terms and conditions, including any changes or modifications made by FPSGameServers as permitted above.
If at any time the terms and conditions of this Agreement are no longer acceptable to you,
then you must immediately cease use of all Services offered through FPSGameServers.
Other definitions. "Customer", "you" and "User(s)" refers to any person using or subscribing to any of the Services
hosted by FPSGameServers, or any person(s) who have at one time been a subscriber of ours. This agreement survives termination
of service and has no expiration.
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Copyright
This site is protected in the
US under Title 17 and internationally through the Paris 1971 and the Marrakesh 1994 Agreements. The following guidelines define our
general copyright policy. Before using any of the material located in this site you must first obtain permission by contacting us. No
part of this site may be used or reproduced without our explicit permission.
You acknowledge that all services offered by
FPSGameServers.com contain information, software, photographs, audio and video clips, graphics, links and other material that are
protected by copyright, trademark or other proprietary rights of FPSGameServers or third parties, including but not limited to product
names, logos, designs, titles, and words or phrases which may be registered in certain jurisdictions (collectively, the "Content").
You agree to comply with any additional copyright notices, information, or restrictions contained in any Content available on or
accessed through FPSGameServers.com. Users of the Web Service wanting to use the content must obtain prior express written permission
of FPSGameServers.
You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from,
distribute, perform, display, or in any way exploit any of the content, in whole or in part, except as otherwise expressly permitted
in this Agreement. Subject to the provisions of this Agreement, you may post on the Web Service any content owned by you (such as your
original statements), content for which you have received express permission from the owner, and content in the public domain. You
assume all right and responsibility for determining whether any content is in the public domain. You grant to FPSGameServers the right
to edit, copy, publish, distribute, translate and otherwise use in any medium and for any purpose any content that you place on the
Web Service without compensation to you. You represent and warrant that you are authorized to grant all rights set forth in the
preceding sentence.
"Free" content may be downloaded for your personal use or noncommercial distribution consistent with
the terms defined in this Agreement. When using "free" content, you will maintain and include all copyright and other notices
contained in such content. Except as expressly permitted by the copyright laws, no copying, storage, redistribution or publication of
any content is permitted without the express permission of FPSGameServers or the owners of such content or their authorized persons if
other than FPSGameServers.
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Web Hosting - Rules of Conduct
You shall not post on the Web Service any content which (a) is libelous,
defamatory, obscene, pornographic, abusive, harassing or threatening; (b) contains viruses or other contaminating or destructive
features; (c) violates the rights of others, such as content which infringes any copyright, trademark, patent, trade secret or
violates any right of privacy or publicity; or (d) otherwise violates any applicable law or reputation. You may not post on the Web
Service any links to any external Internet sites that are obscene or pornographic. You shall not use the Web Service for any
commercial purpose not expressly approved by FPSGameServers, nor shall you distribute any advertising or solicitation of funds or
goods and services or solicit users to join competitive online services. No advertisements of any type are allowed to be posted on any
of our Web Services or Interactive areas without first obtaining prior written permission from FPSGameServers.
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Managing Content
FPSGameServers does not and cannot review the content posted by users on the Web Service and is not responsible for
such content. However, FPSGameServers reserves the right to delete, move or edit any content (including content posted in any
Interactive Area) that it may determine, in its sole discretion, violates or may violate this Agreement or is otherwise unacceptable.
You shall remain solely responsible for all content posted by you. FPSGameServers shall have the right but not the obligation, to
correct any errors or omissions in any content, as it may determine in its sole discretion.
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Software Piracy
FPSGameServers does not support or condone software piracy of any type. All users of Game Services hosted by
FPSGameServers are required to own and use a legitimately licensed copy of whatever game you are playing on servers hosted by
FPSGameServers.com. Any users identified as using pirated games or circumventing copyright protection, or are using duplicate CD Keys
will be globally banned from all FPSGameServers services. Customers caught violating this clause will have their accounts closed
without a refund. Support the software gaming industry and purchase legitimate copies of the games you enjoy.
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Customer Information
We use PayPal for all financial transactions, therefore we do not store information relating to a
client's financial details (eg. credit card number, expirary date etc) on our server. PayPal does send us an electronic receipt
when payments are made, and clients are assured that these contain no credit card details - only the client's name, address,
purchase amount and transaction ID. These details are used for tax accounting purposes, and are stored in a secure electronic file
system. Please be sure to visit
PayPal
for further information regarding their privacy policy and security of customer records. Customer agrees to provide
FPSGameServers.com with valid and current contact information at all times. The customer understands that the service(s) will not be
activated prior to our receipt of their completed customer information form, which is presented to the customer as a part of the
check-out process. Customer Information is subject to verification prior to the activation of the service(s).
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Non-Disclosure of User Login IDs and Passwords
You are responsible for all access to your services. You are not to disclose your FTP/WebCP or Support Center
user names or passwords to any other person or entity. You should only share your RCON and/or TeamSpeak admin access with trusted friends;
they should never be shared with the general public. If you need a password reset on your FTP/WebCP user then please
login to your WebCP to change the password. To reset your Support Center password please use the "Forgot Password" feature.
For password resets on your TeamSpeak admin account or should you lose your FTP/WebCP password then please submit a support ticket to
request a reset.
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Data Backups and Archival
A customer may use FTP to download their game server config files and web server content. Email may be saved to local folders for
off-line use. We also provide a SQL administration tool which allows the customer to easily dump their SQL database and to save it on the
customer's own storage medium. The customer is capable of backing up and archiving their content and data to their own
storage medium, so the customer should make periodic backup copies of the data and content hosted by
FPSGameServers to protect their data and as a precaution against possible operational failures or user error. If a re-load of your
game server becomes necessary, then please submit a support ticket and we will re-load your game server to stock/default settings.
FPSGameServers will not at any time under any circumstance be liable for any damage to or loss of any data, content, or other
information stored on any media operated by FPSGameServers.
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Game Server TCP/IP Addresses and Ports
Customers are assigned a specific TCP/IP address and
port for each game server they have rented. This information will be made available to customer upon the completion of the setup of
the game server rental. The game server TCP/IP address and port are never to be changed by the customer or by other users customer has
provided with administrative access. Doing so not only violates the terms of this agreement, but it could disable any number of other
customers on the same host machine. Violators of this clause agree to pay a $20 maintenance fee towards reconfiguring the system to
use the TCP/IP address and/or port number they were originally assigned. Repeated violators may face suspension of their
account or termination of service, at our discretion. TCP/IP addresses
and ports are assigned by our staff, and are subject to
change at any time, without advance notice, at our discretion. TCP/IP
addresses and ports are not portable or transferable.
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FTP Access
All game servers and web hosting plans include FTP server access.
FTP it is to be used exclusively for activity directly related to managing your game server or web site. All FTP access is
logged. Any FTP activity deemed to be unrelated to your service with us or to infringe upon another's copyright or
trademark will result in the immediate and permanent suspension of the customer's FTP access, or a termination of service and
forfeiture of all payments, at our discretion.
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Player Slots
1) The sv_maxclients or maxplayers variables determine the maximum number of players your game server is
configured for. This variable is not to be changed by the customer at any time. Regardless of the name of the server variable
that determines the number of player slots, increasing the number of player slots beyond the amount that was paid for by a customer
constitutes theft of services and will result in the termination of their account with no refund. 2) Some games, such as F.E.A.R and
Quake 4 support up to 16 player slots by default and require mods to be installed in order to provide support for more than 16
players. Such games can be rented with up to 32 player slots, however the services will be activated with 16 player slots; mod not
included - the customer is fully responsible for installing any mods which would allow for use of more than 16 player slots.
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com_hunkmegs
The variable com_hunkmegs is used to increase or decrease the size of memory used by game servers that are
based on the Quake 3 engine. The default settings are fine. This variable is not to be modified by the customer. The default must be
used in order to avoid wasting precious server memory, which can result in a negative performance impact to other customers. Automatic
audits are performed to ensure compliance. However, while the defaults for the game server are fine, it is usually of benefit to set
this variable on your game client to approximately one half of your system memory.
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Tickrates
On game servers that support tickrates, the tickrate may not be changed by the customer at any time; these
servers all operate at the game's default tickrate, unless otherwise specified.
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Storage Quotas
All game server and web hosting plans include 1,000MB of usable disk space (above and beyond the base game
installation), all email hosting plans include 50MB of disk space. Game server plans include the options for free web hosting and
email and they all share the same 1,000MB disk space. Please see your control panel to find out about your current disk usage.
Quotas are automatically enforced by the system, so once they are exceeded you will not be able to write to the device. To fix
this, remove excess log files or content to bring yourself back under quota or purchase additional storage space. Should
additional disk storage space be necessary it may be rented on a monthly basis at the price of USD $10 per 1,000MB.
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Bandwidth Quotas
Our Game Servers and Voice Chat servers have no bandwidth limits, however our Web Hosting customers and
customers with fast http-redirects for their game servers (sv_downloadurl and sv_wwwDownload) are allotted up to 20,000mb of internet bandwidth
per month, to be used for their hosted web sites. Customers who exceed this limit will have their web sites disabled until
the next monthly bandwidth occurs, or alternatively customers can can contact us to purchase additional bandwidth at USD $15 per 20,000MB.
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Mods & Customizations
Just about every game has a wide variety of custom maps and mods, and for this we are all grateful to the modding
community of developers and map creators who seek to enrich our gaming experiences. FPSGameServers is happy to allow our customers to
add custom maps, mods and other customizations to their game server as long as their modifications do not negatively
impact the server performance of other customers or destabilize any of our systems or services.
We will install all new updated versions or patches of the game server for our customers, but otherwise, these servers are
self-managed. We provide the hosting services (the latest hardware, premium network, and the game server), but you are the
admin -- all modifications and customizations are up to you. All customizations are the responsibility of the customer and
are performed by the customer at the customer's own risk. We are not responsible for the installation, configuration or
support of any game server customization (including but not limited to configuration files, mods, maps, skins, sounds, etc).
FPSGameServers.com shall not and will not be liable for server instability or downtime caused by customers adding custom maps
or mods to their servers, nor will we be liable or responsible for your inability to run any third party modifications,
regardless of the reason. Our servers are Linux powered, so be sure your mod supports Linux before attempting to install.
Any mod or custom content found to cause system instability or to excessively use system
resources such as CPU utilization, memory or internet bandwidth is subject to removal without prior warning by FPSGameServers. The list
of disallowed mods is very short; at the present, 1) Sandbox mod for Battlefield 2, 2) Gary's Mod for Half Life 2 and any other HL2
modification that is prone to abuse and exploitation of the Source physics engine and 3) ETTV are on our disallowed list of modifications and are
not permitted to be installed or ran on any of our game servers. We are not liable for customizations that fail to function as expected or fail to
function at all.
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Branding
In some games we will add custom variables to your game server config file that identify that your game server is hosted by us and
lists our website and email addresses. In all Steam games, the sv_contact variable will be used by us to identify the fact that your game server
is hosted by us.
This information is then shown only when someone chooses to display your server info. We will not require that your game server be
branded in any other way (basically this means that you can set your server name or message of the day and other built-in variables to
whatever you want, but that we have the right to require that sv_contact or a few discreet custom variables show that we are your host and that these
variables are present at all times that you are receiving service from us). Of course, any extra advertising that you wish to do
for us is always appreciated. Displaying this information on our game servers helps to allow us to continue offering the best prices
around through spreading awareness of our company to other interested parties. Repeated removal of these variables may include
suspension or termination of service, at our discretion.
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Cancellation
All cancellations are the sole responsibility of the customer. To cancel your service, please login to the Customer Support Center
and submit a ticket to 'Cancel Service'. The only acceptable form of cancellation is to login to the Customer Support Center and to submit a ticket to 'Cancel
Service', no other method of cancellation is valid or acceptable; cancellations submitted in any other manner, be it email or other support ticket, are null and
void. Until such time as a proper cancellation ticket is submitted to us by the customer, the customer will remain liable for all recurring charges associated
with services they are receiving from us.
All rentals are pre-paid on a monthly, 3-month, 6-month, or 12-month subscription basis. At our discretion, renewal payment failures
may result in a USD $5.00 service fee and may result in the termination of your services, so make sure that you always have a valid funding source in PayPal if you wish to keep your service with us.
To avoid being billed again, your subscription can be canceled at any time up to 3 Business Days prior to the end of the billing period, but please note that an
active subscription is required to maintain service with us beyond the renewal date, so once you cancel your subscription, your services will
be scheduled for termination, effective either immediately or at the end of the billing period (depending on when you request your services
to be terminated). If you cancel your subscription at PayPal, but fail to submit a cancellation ticket to us at the Customer Support Center within 24 hours, then your
services will be terminated without delay; you agree that you are not entitled to any refunds for early termination/unused service.
If you cancel and request service through the end of the billing period, we reserve the right to terminate your service early on servers that we determine, at
our discretion, are not being used on a regular basis. All cancellations are the sole responsibility of the customer. If you decide to cancel any services that you
have already submitted payment for, regardless if you have used them or not, you understand that no refund will be issued for un-used service.
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Game Versions
1) To ensure maximum stability, compatibility and security, we only host the
latest official release version of each game with all of the official patches and upgrades applied. You understand
and agree that no demo versions, no betas and no version except the most current official release version of each
game with all official patches and upgrades installed will be hosted, and that you are not permitted to attempt to downgrade or change the
version of your server or to change the binaries that your server is using. The only change you may make to your startup script is to
change the mod folder, other changes are strictly prohibited. 2) When a new patch is released for a game, in some cases a game server
update may not be available at the same time as the Windows client update (this is by the decision of the game
developer, we have no control over what is released or when it is released); in this situation the
server files would be installed by our staff as soon as they were officially released. During this time we
will post status updates on the front page of our Support Center and expect that no support tickets
will be created regarding the status of the server update; you understand and agree that no refunds
will be provided as a result of the delayed release of updated server files, as the release date and
time of such offical game files is beyond our control.
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Subscription Changes
Once your service is activated, any changes you request to your subscription such as downgrades or upgrades
will require payment of a USD $5.00 service fee. There is no charge to cancel service.
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TeamSpeak
We are an Authorized TeamSpeak Hosting Partner, fully licensed to offer you our reliable and
affording TeamSpeak hosting services. Some specifics about our TeamSpeak hosting are 1) TCP Query
port is accessible only to customers with web sites hosted here at fpsgameservers.com and is only accessible via the
locally hosted web site. 2) Our TeamSpeak servers are not listed on the TeamSpeak public "Web Server List". Both of
these policies are in place to ensure higher levels of security and privacy for all of our customers and their TeamSpeak
servers.
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VoIP in BF2 and BF2142
In-game VoIP is not offered with Battlefield 2 or with Battlefield 2142 game servers.
This is due to a limitation (some call it a bug) in how the BF2/BF2142 servers bind to system IP addresses. As a
work-around, customers are able to use an external VoIP server of their own, or alternatively, we offer very good deals on
TeamSpeak Server Hosting when purchased with your BF2/BF2142 game server.
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Bot Restrictions
A bot, most prominently in the first person shooter PC game types (FPS), is a roBOTic computer controlled
entity that simulates an online or LAN multiplayer human deathmatch opponent, team deathmatch opponent or a cooperative human player
Computer game bots work via artificial intelligence routines pre-programmed to suit the game map, game rules, game type and other parameters
unique to each game - at the expense of extra CPU load on the game server itself.
Bot restrictions: Except as follows, FPSGameServers.com limits a
maximum of 2 bots per game server: 1) For the Battlefield series we permit bots but we charge a higher rate to make up for the heavy CPU usage
of COOP mode gameplay. 2) Bots are prohibited on any Counter-Strike: Source, Day of Defeat: Source, Half-Life 2 or Team Fortress 2 game server
that has been configured for 66 or 100 tickrate or on Counter-Strike 1.6 game servers configured for 1000 tic. 3) No bots on the Call of Duty Series of games. For all
other games that support bots, 2 bots is the maximum that is permitted to be configured for use at any time. 2 bots is just enough to attract human players, but not enough
to deter them entirely or to use excessive system resources that would otherwise be available for human players. We do perform routine audits and
if a customer is found to have in excess of 2 bots on their game server then, at our discretion, the customer's configuration will be modified to bring them
back into compliance or their service will be terminated without refund. We want to thank you for your understanding and cooperation on this matter.
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Private Servers
We offer discounted pricing on many games for private servers, but there are some conditions. Private Servers must be
passworded at all times; users must not be able to join private servers without a password. Private Server passwords must not be posted in any
public place. Public Servers can be passworded or unpassworded at any time of your choosing, private servers can never be unpassworded.
Posting a private server password in any place viewable by the general public is prohibited, likewise, removing the server/join password
from any private server is also prohibited; to ensure compliance, violations of these terms will result in the immediate termation of
service and forfeiture of all payments without prior notice.
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COOP Mode (Bots) in the Battlefield Series
If you want to run a Battlefield series game server with bots then
you must purchase a Battlefield series game server that comes with COOP mode (and pay a higher premium due to the much higher resource
utilization). Customers who have not paid for COOP mode are not permitted to run COOP mode on their Battlefield series game
servers. COOP mode may not be a supported feature for some mods and maps.
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Data Center Transfers
You may request to transfer your services to another of our data centers.
If there is available space at another of our data centers, your request to transfer your services to the other data center may be
approved pending receipt of your payment of a $15 data center transfer fee. If you wish to transfer to another location, then please
submit a support ticket. Our staff will respond to your request and if the request is approved, you will then be provided with a
link to pay the data center transfer fee, after which your services should be transfered to the requested location within 12 - 24
hours. The fee covers the transfer of one game server and is good for one use only.
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Payments
We are PayPal verified. We use PayPal for all financial transactions.
We accept subscription payments from your credit or debit card via paypal. Your subscription will automatically renew at the
same rates unless you cancel prior to the end of the billing period. All payments are non-refundable and all services are
non-transferable. Late or failed payments will incur a $5 service fee; at our discretion we may terminate services that
are past-due without notice, in such cases, you understand that all data associated with your services will be deleted.
Please visit PayPal for further information on your payment options.
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Email Services
You agree not to transmit email that constitutes or contains "affiliate marketing," "link referral code,"
"junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited commercial advertisement. In addition, e-mail sent,
or caused to be sent, to or through the Services may not: use or contain invalid or forged headers; use or contain invalid or
non-existent domain names; employ any technique to otherwise misrepresent, hide or obscure any information in identifying the
point of origin or the transmission path; use other means of deceptive addressing; use a third party's internet domain name, or
be relayed from or through a third party's equipment, without permission of the third party; contain false or misleading information
in the subject line or otherwise contain false or misleading content. We do not permit or authorize any attempt to use the Services
in a manner that could damage, disable, overburden or impair any aspect of any of the Services.
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Web Hosting Services
The customer is responsible for the creation, setup, installation, maintenance and administration of all web content,
FPSGameServers.com provides the hosting services to deliver the content. This service is intended for users who possess experience in
the design and management of web site content, including but not limited to working with some or all of the following: html, php, perl,
sql and ftp. FPSGameServers.com provides the web hosting services and is not responsible for supporting any of the content of
any sites hosted under this service.
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Support
All support is provided through our Customer Support Center.
Support is limited to perceived problems with our network and our hardware and to general account inquiries (such as billing questions, upgrades, downgrades,
cancellations and web hosting setup requests). At these prices we do not provide managed services of any type; specifically, we do not provide administrative
support or training on the use, configuration, customization or troubleshooting of game servers, team speak servers or web hosting services. Customers are
expected to use the basic overview guides that we provide to new customers upon activation and to seek out the wealth of information available on Internet
search engines in order to make the most use their FPSGameServers.com hosted services.
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Unpaid Accounts
Accounts with balances due after 30 days of being invoiced will be levied a late charge of $30.
Accounts with unpaid balances 90 days after the original invoice date will be sent to a collection agency. Customer will be liable for
all costs associated with the collection of unpaid balances including but not limited to attorney's fees and court costs.
FPSGameServers will report unpaid accounts to credit bureaus which may be reflected negatively on your credit report as an unpaid
debt.
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Refunds
All sales are final. No Refunds. Customer agrees not to dispute, reverse or chargeback any
payments to us. If the customer files a dispute, chargeback or reversal on any payments made to us, customer agrees to pay a $500.00 USD
non-refundable service fee to us per dispute, chargeback or reversal plus the original disputed amount; this fee is due upon demand and is subject to collection by an authorized collection agency. Customer is responsible and liable for
any and all fees that are incurred to us as a result of any dispute, reversal or chargeback that is filed. You agree that any dispute, reversal or chargeback you file will result in the immediate termination of your service and forfeiture of your payment.
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Right of Refusal
We reserve the right to refuse service for cause without notice. Should we receive harsh, hostile, insulting, threatening, sarcastic,
rude or discourteous language or any type of harassment, then the Services, at our discrection, may be discontinued and customer told to
take their business elsewhere. In this case, any and all payments will become forfeit and the services will be terminated.
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Remedies
Failure to comply with any of the terms or conditions in this agreement
may, at our sole discretion, find the User being subject to, but not limited to:
- A warning being issued as to the nature of the violation and the associated remedy
- Suspension of the customer's services at FPSGameServers
- Termination of the customer's services at FPSGameServers (please understand that no refund will be issued for un-used service)
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No Endorsement
FPSGameServers does not represent or endorse the accuracy or reliability of any content posted on
any Interactive Area and you acknowledge that any reliance upon such content shall be at your sole risk. Any content placed on any
Interactive Area by users are the views of the user posting the statement, and do not represent the views of FPSGameServers or its
advertisers or sponsors.
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External Sites
The Web Service may contain links to sites on the Internet, which are owned and operated by third
parties (the "External Sites"). You acknowledge that FPSGameServers is not responsible for the availability of, or the content located
on or through any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any
concerns regarding such links or the content located on such External Sites.
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Indemnity
You agree to indemnify, defend and hold FPSGameServers and its affiliates, and their respective officers,
directors, owners, agents, information providers and licensors (collectively, the "FPSGameServers Parties") harmless from and against
any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any FPSGameServers Party in
connection with any use or alleged use of the service under your user name by any person, whether or not authorized by you.
FPSGameServers reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to
indemnification by you, and in such case, you agree to cooperate with FPSGameServers' defense of such claim.
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Termination of Service
FPSGameServers reserves the right, in its sole discretion, to restrict, suspend or terminate your
access to all or any part of the Services, at any time for any reason without prior notice or liability. FPSGameServers may change,
suspend or discontinue all or any aspect of the Services at any time, including the availability of any service, product, location, feature,
database, or content, without prior notice or liability. There are no refunds for early termination or unused
service.
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DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
NEITHER FPSGAMESERVERS NOR ANY PROVIDER OF THIRD PARTY
CONTENT OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES FPSGAMESERVERS, ANY THIRD
PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR THE
CONTENT. THE SERVICES AND THE CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. NEITHER FPSGAMESERVERS, THIRD PARTY CONTENT
PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, ANY
CONTENT OR ANY SERVICES WE PROVIDE. NEITHER FPSGAMESERVERS NOR ANY THIRD PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR
DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT
THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY
YOU.
NEITHER FPSGAMESERVERS NOR ANY THIRD PARTY CONTENT PROVIDER OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH
STATES, THE LIABILITY OF FPSGAMESERVERS, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
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Miscellaneous
This Agreement shall be construed in accordance with the laws of the State of
Florida, and the parties irrevocably consent to bring any action to enforce this Agreement in the federal or state courts located in
Miami-Dade County in the State of Florida. This Agreement constitutes the entire agreement between the parties with respect to the subject
matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter. All
provisions hereof shall survive any termination of Service or of this Agreement as well as any other revisions which by their
terms or sense are intended to survive.
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