Legal Zone

 

 

Terms of Service
 

Welcome to our Terms of Service. This guide is meant to clarify the responsibilities of each party, and describe the services provided by the company. It is your responsibility to read and understand our terms of service completely. However, we would be more than happy to clarify any items within this Terms of Service. If so, please contact us at support@xtemecybergames.com and we will contact you to setup a time that works best for you.
Although we will always make every effort to be as flexible as possible, there are some situations where guidlines must be set in order for us to continue to roll out innovative and exciting new features, enhance existing services, offer top performance to all our users, and to keep our prices amongst the lowest in the industry.

 

  1. Definitions
    1. “Company” collectively refers to the site and services of Xtreme Cybergames, Inc..
    2. “Member” a person having purchased one or more services with Xtreme Cybergames, Inc..
    3. "User" is anyone interacting with the Company as defined above. This may include Members, but is not limited to that.
    4. “Game and Voice Server” is a single application process hosted on a single internet server over the internet for entertainment and/or recreational purposes.
  1. Responsibilities
    1. Company – We are responsible for the maintenance and uptime of our network and hardware. We will provide the Member low ping times based on geographic location of your server hosting, 24 hours server management and/or ftp access to modify server files and configurations, and 24 hour technical support access. We are obligated to provide you with fast efficient support for your hosted game application. We monitor all game server systems to ensure all systems running game server applications stay up 24 hours a day, 365 days a year by monitoring every aspect of our hardware and network to eliminate hardware overload issues.
    2. Member - When registering or ordering service(s) from this company you the “Member” are required to keep up to date with changes in our policy and service guidelines. You are responsible for the upkeep of your server. Including but not limited to: adding mods, maps, game play related files and server configuration modifications. If your server is down, and you cannot start it via the Server Control Center, you can notify us as soon as possible via one of our support venues as outlined on our web site to make sure your game server is back online. We do not monitor game servers on an individual basis, so it is up to you to contact us if help is required. You must ensure that your server abides by our terms of service at all times. It is also the members responsibility to ensure that their address on file is correct. The address should be correct when signing up for new service, and can be changed via the Modify Account tab in the Members' Zone. All tournament prizes, promotional gifts, and written correspondence will be mailed to the address on file.
    3. Paying for service - All payments are due before service is rendered. A service month is counted as the day you ordered, up until the same day of the next month (numerically speaking, not day of the week). So if you order on July 5th, your next billing date will be on the 5th of August, and you'll be billed on the 5th of every month until you cancel. Service payments are expected on or before your next bill date. If you no longer require service we require you to cancel via the cancellation page of your account management page. Requests to discontinue service must be entered no later then 7 days before your next payment date to avoid additional service charges. Refunds may be issued in accordance with the section on refunds below.
    4. Refunds - It is your responsibility as a member to to contact us for a refund if you are eligible to receive one (to check if you are eligible, please see our "Refund Policy" below.
    5. Server Configuration Settings - Xtreme Cybergames reserves the right to adjust any server parameter(s) on a server that is deemed to be adversely affecting overall system performance, or is deemed to be utilizing too many system resources, or if a customer sets a value above what they purchased, such as FPS and tickrate. The member will be contacted prior to any parameter adjustment.
    6. Password and Private Game Servers - If you ordered a password protected game server, referred to as a private server, there are a few additional requirements you must follow. You may not loan your server to any other clans, unless it's a clan you are having a match with. Your server password may not be advertised to the general public but may be posted in order to allow your clan members and friends access to the server. Server passwords may not be posted in the server name. Our password protected game servers are designed for clan and friend use only and is not intended to be used as a public game server. Private servers found without a password on them may be issued a password by Xtreme Cybergames at any time which may be changed by the member to a password of their choosing. The member(s) responsible for any private game servers found without a password on them may be charged for the additional bandwidth usage incurred during the period of time that their server did not retain a password. Repeat offences may result in termination of your Xtreme Cybergames subscription.
      Public servers can have no password set and may freely changed from password protected to public at your command.
    7. Player Limits - To provide everyone with a value dedicated game server there are limits on the number of players based on the service you applied for. Our system loads are partially based on the number of player slots that are allocated per box. If you adjust your player limit higher it can cause additional lag and performance issues for not only your server but others hosted on the same system. We reserve the right to inspect any game server to ensure they are not exceeding the current max player limit allowed for that account. Violations can result in notifications to the member, and may result in termination of service without refund if it is not rectified. If your server is found with more players set then for the service you signed with your server will be charged for those additional players.
    8. In game bots - Although running bots is possible and sometimes useful in certain situations, they do take additional system resources. For this reason we request that you remove any bots when the server is inactive (when no live players are in the server). If bots are found running on your game server during periods of inactivity you will be issued a notice possibly resulting in subscription termination if the situation is not rectifed.
    9. Restricted Files, Mods, Plugins, etc. - We reserve the right to remove, alter or deny some files that cause performance related problems with your server or any other server that may be directly affected by such files.
    10. Order Setup Times - 95% of orders are activated within 1 to 8 hours of payment confirmation. However we do not guarantee the time it takes for payment until activation. Based on order volume and space some orders may take longer then others. This allows us time to bring online new hardware or make network adjustments to accommodate new order activations. If your server is not activated within 24 hours, then your first month will be free.
    11. Game Server Software Liability - Xtreme Cybergames is not responsible for limitations within some games limiting password protection, file modification, FTP access restrictions, or any other design control that is not allowed by some game server software. All issues with software design must be handled via the proper developer web site. It is the members' responsibility to contact us concerning any questions you have about your game server prior to purchase if you feel there limitations that are important to you.   Xtreme Cybergames hosting fees are to cover space, bandwidth expense and our staff costs. Xtreme Cybergames hosting fees do not cover the game itself or how it operates outside of the standard game setup.
    12. Abusive or Offensive Language.
      Abusive or offensive language will not be tolerated on the forums, support systems or otherwise by you on Xtreme Cybergames or with Company staff. Any violation of this policy will result in a suspension of site access or such other action as may be reasonably required by the Company to ensure compliance. In addition, you are not entitled to make untrue and/or malicious and/or damaging comments with regard to the Company's operation in any media or forum.
  1. FTP Access Guidelines
    1. Server Files - FTP access is provided as a mechanism to alter and save server related configuration files, mods, maps, and other files directly related to the operation of the server. It cannot to be used to store non-server related files. All users of our service are responsible for their files and content of their servers. Game Server installs come as a basic setup. Additional files and add-ons must be applied by the member. Anytime you make changes to your files please test those changes on your local computer system first before copying them to your server. We are not responsible for the files in your game server directories after your game server account is activated. We strictly forbid storing of porn, warez, or other unnecessary/Illegal files on the game server FTPs.
    2. Data Security and Backups - You are solely responsible for any and all backups of your data. Xtreme Cybergames may not be held accountable for any loss of data due to hardware or software failure. Any changed files and/or additions to the base install provided by Xtreme Cybergames should be backed up by the user on their local computer.
  1. Payments and Paying for Service
    1. Payment Processing - All payment collection is done through Paypal. If you have questions about your billing you may contact Xtreme Cybergames Support, or Paypal directly.
    2. Payment Forms Accepted - We only accept payment via Paypal at this time. However, you have the option of paying by any method that is attached to your PayPal account such as credit card, bank account, or Echeck.
    3. Payment Terms - A billing month is based on the day the subscription was purchased. All service payments must be made before service is rendered. Payment for service beyond your first payment must be made on or before you next billing date. If at any time you have questions about when your next bill is due you may contact Xtreme Cybergames Support.
    4. Canceling Service - You may cancel your service at anytime. In order to cancel service we require you to cancel via the Subscription Cancellation tab of the manage account section in your Members' Zone no later then 7 days before your next billing period to avoid additional service charges. Upon canceling, your service will continue until your current billing period ends. Xtreme Cybergames will cancel the subscription through Paypal. Alternatively the member may also cancel their Paypal account. Cancellations initiated through email or support ticket will not be considered a request for cancellation, and will assume that you want to continue service until you cancel your subscription through the web site, or Paypal.
    5. PayPal Subscription Service - When you pay for your service you are setting up a subscription with Xtreme Cybergames through Paypal. If you cancel your subscription via Paypal, then Xtreme Cybergames considers the subscription cancelled, and the member will no longer have access to those servers(s) after the billing period ends.
    6. Discounts - If you receive a discount from us via a promotional code, then you may be required to advertise Xtreme Cybergames in order to keep the discount. Possible advertising avenues include, but are not limited to: putting Xtreme Cybergames in your server's title and/or Message of the Day, advertising in your IRC channel if you have one, and/or putting a link to us on your website if you have one. We reserve the right to add or modify any advertising requirements at any time.
  1. Service Level Agreements and Refund Policies
    1. Refund Policy - We will refund the full amount of your purchase within the first 7 days if you are not completely satisfied with your server, or quality of service. In addition, you are eligible for a refund if we do not maintain 95% network uptime based on a 30 day period over the system your service is hosted on or we are unable to correct or fix service related issues that are a result of no fault of your own; within 14 days you are then eligible for a prorated refund. Due to the number of factors that could affect ping times on the users side, we will not issue refunds that are due to ping issues with you or your server members. You may also be entitled to a refund if you have a 3 or 12 month term subscription. In this case there will be a 25% penalty on your remaining balance for the term, and you will be issued a refund for the remaining amount. Access to those server(s) will be cancelled at the time the refund is issued. We will not issue a refund for the first month of service unless warranted due to internal network downtime or any other issue caused solely by Xtreme Cybergames which resulted in loss of use of the server to the member totalling greater than 5% in the first month usage. Please note that you must contact Xtreme Cybergames at support@xtremecybergames.com and ask for a refund, otherwise we will leave your server up for the remaining time you have left with us and no refund will be issued.
    2. Service Credits - We will credit your account if your server is down for a period of time of more then 8 hours in any given day due to hardware or network issues. Credits will be determined by our staff at the time of the issue and will be credited directly to your online account once the issue is resolved. Service credits will occur on your Paypal account.
  1. Promotional Terms and Special Offers
  1. Additional Terms

Liability:

IN NO EVENT WILL Xtreme Cybergames, Inc. BE LIABLE TO A MEMBER 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 Xtreme Cybergames, Inc. OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION ON LIABILITY, HOWEVER, SHALL NOT RELIEVE Xtreme Cybergames, Inc. FROM LIABILITY FOR DIRECT DAMAGES ARISING SOLELY OUT OF XTREME CYBERGAMES, INC. GROSS NEGLIGENCE OR WANTON OR WILLFUL MISCONDUCT IN PERFORMANCE OF THE HOSTING SERVICES.

Ownership of Site Materials:

This company is managed solely by Xtreme Cybergames, Inc. All site content is the exclusive property of Xtreme Cybergames, Inc.

INFORMATION EXCHANGE WAVIER:
All information pertaining or relating to services, support or agreements between the company and the user sent via email, support ticket or otherwise stated is confidential information between the company and the user or respective parties unless otherwise noted. It is strictly prohibited to exchange, post, email, or transmit in any form without written consent of the company or company legal parties.