Website – Terms and Conditions of Use
By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on ABC Game Servers’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
- Modify or copy the materials;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decompile or reverse engineer any software contained on ABC Game Servers’s website;
- Remove any copyright or other proprietary notations from the materials; or
- Transfer the materials to another person or “mirror” the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by ABC Game Servers at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on ABC Game Servers’s website are provided “as is”. ABC Game Servers makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, ABC Game Servers does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its internet website or otherwise relating to such materials or on any sites linked to this site.
In no event shall ABC Game Servers or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on ABC Game Servers’s internet site, even if ABC Game Servers or an ABC Game Servers authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Revisions and Errata
The materials appearing on ABC Game Servers’s website could include technical, typographical, or photographic errors. ABC Game Servers does not warrant that any of the materials on its web site are accurate, complete, or current. ABC Game Servers may make changes to the materials contained on its website at any time without notice. ABC Game Servers does not, however, make any commitment to update the materials.
ABC Game Servers has not reviewed all of the sites linked to its internet website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ABC Game Servers of the site. Use of any such linked web site is at the user’s own risk.
8. Governing Law
Any claim relating to ABC Game Servers’s web site shall be governed by the laws of Scotland and England without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Website.
- Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
- We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
- We will only retain personal information as long as necessary for the fulfilment of those purposes.
- We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
- Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
- We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
- We will make readily available to customers information about our policies and practices relating to the management of personal information.
We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.
Game Servers – Terms and Conditions of Use
“ABC Game Servers” or “we” or “us” or “our” refers to ABC Game Servers, whose registered office is, ABC Game Servers, Suite G14, Faraday Business Centre, Faraday Street, Dryburgh Industrial Estate, Dundee, DD2 3QQ.
“Customer” or “you” or “your” refers to the person or a company in whose name the account with ABC Game Servers is held.
“Services” refers to any service offered by ABC Game Servers, including but not limited to Virtual Server Hosting or Dedicated Server rental.
These terms and conditions of service govern the supply of Services by ABC Game Servers to the Customer. Use of ABC Game Servers Services is subject to the terms listed herein. ABC Game Servers reserves the right to amend these terms and conditions without notice, effective upon posting amended terms and conditions to it’s website.
Unless otherwise agreed in writing the Customer is responsible for managing and maintaining any servers, whether “virtual” or physical, included in Services purchased from ABC Game Servers.
ABC Game servers are not, and will not be responsible for the installation of modified files “Mods” installed by a client. The client will be responsible for the installations which were beyond the original game content and configuration files which were set up at the time of installation.
Any such changes to the default files and structure of the game, and the installation of “Mods” which effects the running of the game and or the server to the detriment of other clients may have their service removed.
The use of ABC Game Servers’s Services is entirely at the Customer’s own risk. ABC Game Servers Services are provided strictly on an “as available” basis.
The Customer is responsible for keeping passwords or other sensitive information regarding ABC Game Servers Services secure. ABC Game Servers shall not be liable for any loss or damage arising from the Customer’s failure to keep passwords or other sensitive information secure.
Except as expressly provided in these Conditions, ABC Game Servers gives no warranties of any kind, expressed or implied for services provided to the Customer. ABC Game Servers disclaims any warranty or fitness for a particular purpose. This includes loss of business, custom, loss of data and all service interruptions unless otherwise stated by ABC Game Servers or agreed with the Customer in writing.
Charges and Payments
Service charges are billed in advance on, or shortly after, the day of purchase and on subsequent monthly or yearly anniversaries (the Customer’s “billing date”) according to the Customer’s chosen billing frequency.
When the Customer purchases additional Services or purchases an upgrade to their Services, a pro-rated amount will be charged on or shortly after the day of purchase to cover the remainder of the current billing period (whether monthly or yearly) from the day of purchase until the Customers next billing date.
For example, if a Customer on a monthly billing cycle with a billing date of the 3rd of the month purchases an additional service costing £30 per month on the 17th of September, they will be charged £15 (£13 for the remaining 13 days in September plus £2 for the first 2 days in October). A full £30 will be charged on the 3rd of October and on subsequent billing dates.
The Customer authorises ABC Game Servers to debit payments from the Customer’s credit or debit card for all Service charges, fees, taxes and any other charges as they are due.
ABC Game Servers reserves the right to charge interest on any unpaid sums at the current statutory rate prescribed in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 until payment is received by ABC Game Servers in cleared funds.
ABC Game Servers is not responsible for any additional bank fees, interest, finance charges or other charges incurred by the Customer as a result of charges billed by ABC Game Servers.
The Customer is responsible for ensuring ABC Game Servers has up-to-date billing and contact information for the Customer.
ABC Game Servers reserves the right to terminate or postpone Customer accounts where unpaid charges remain outstanding for a period of more than 7 days. Termination of Services by ABC Game Servers shall not alter the Customer’s obligation to pay all charges due to ABC Game Servers at the time of termination.
ABC Game Servers reserves the right to change fees and charges as it deems necessary. Customers will be notified in advance of any such changes to fees and charges.
Cancellations & Refund Policy
All fees and charges are non-refundable unless expressly stated or agreed otherwise in writing by ABC Game Servers.
The Customer may cancel their Services at any time either via the Customer Control Panel or by submitting a support ticket request.
Cancellation of Services by the Customer shall not alter the Customer’s obligation to pay all charges due to ABC Game Servers at the time of cancellation.
The Customer is responsible for maintaining backups of their data. ABC Game Servers will not retrieve data from cancelled accounts unless otherwise agreed in advance.
Law Enforcement co-operation
ABC Game Servers will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Customers who violate systems or network security may incur criminal or civil liability.
Copyright and Intellectual Property
By using ABC Game Servers’s Services, the Customer acknowledges ownership by ABC Game Servers of all rights, title and interest in and to all trademarks, other intellectual property and services developed by ABC Game Servers.
The Customer shall not copy, reproduce, alter, modify or create derivative works from any trademarks, intellectual property or service offered by ABC Game Servers.
The Customer agrees that it shall defend, indemnify, save and hold harmless ABC Game Servers from any and all demands, liabilities, losses, costs and claims, including all legal fees, that may arise or result from any service provided or performed or agreed to be performed by a Customer, its clients, agents, employees or representatives. (1) any injury to person or property caused by any products sold or otherwise distributed in connection with ABC Game Servers’s services; (2) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective Product sold via ABC Game Servers’s services.
Neither party shall be liable to each other or be deemed to be in breach of the Agreement by reason of any delay in performing or failure to perform any of its obligations in relation to the Services if such failure or delay was beyond that party’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond either party’s reasonable control
- act of God, explosion, flood, tempest, fire or accident
- war or threat of war, terrorism, sabotage, insurrection, civil disturbances or requisition
- acts, requisitions, regulations, bye-laws, prohibitions or measure of any kind on the part of any governmental parliamentary or local authority
- strikes or other industrial actions or trade disputes of a third party
Any invalidity or unenforceability of any term of, or any right arising pursuant to this agreement, shall not in any way affect the remaining terms and rights which shall be construed as if such invalid or unenforceable term or right did not exist.
This Agreement is personal to the parties and neither party may assign the benefit of this Agreement, or otherwise deal with any of its rights or obligations under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed, subject to board approval of the assignee. Notwithstanding the foregoing, either party may assign its rights under this Agreement to an entity that either now or in the future controls, is controlled by or is under the common control of such a party as a consequence of merger, acquisition, change of control or asset sale.
Contracts (rights of third parties) Act 1999
Nothing in this Agreement is intended to create any right which, by virtue of the Contracts (Rights of Third Parties) Act 1999, might otherwise be enforceable by a third party against either party to this Agreement.
This Agreement shall be governed by and construed and interpreted in accordance with English and Scottish law and the parties hereby submit to the exclusive jurisdiction of the English and Scottish Courts.
Acceptable Use Policy
The Customer shall not participate in or facilitate any action or activity that ABC Game Servers considers abusive, or that contravenes UK and Scottish law. Actions or activities that ABC Game Servers considers abusive and therefore strictly prohibited include, but are not limited to the following:
- Unsolicited e-mail activities
- Impersonated or libellous postings
- Hacking or unauthorised access
- Propagation of viruses or worms
- Terrorism or threat of terrorism
- Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks
The Customer shall not deliberately or maliciously cause or allow to be caused any disruption to ABC Game Servers’s Services, its servers, network or other infrastructure, or any other networks or services on the internet.
The Customer shall not participate in or facilitate any activity which interferes with or disrupts ABC Game Servers Services.
Participation or facilitation of any of the above activities may result in immediate suspension or termination of Services without refund.
30-day Money Back Guarantee
To make a request under the 30-day Money Back Guarantee, the Customer must submit a request via the contact page, or ticket system, or email within 30 days of purchase.
Accounts which are suspended, cancelled, or terminated for violating our Terms & Conditions, including (but not limited to) the Acceptable Use Policy, will not qualify for the 30-day Money Back Guarantee. For example, if an account is cancelled due to spamming, phishing, or another violation, no refund will be issued.
Any setup fees and/or overage charges incurred during the initial 30 day period are not refundable.
ABC Game Servers virtual machines can be cancelled at any time via the customer control panel, but once an account has been active for 30 days a refund under our Money Back Guarantee will not be provided.
Service Level Agreement (SLA)
“ABC Game Servers Service” refers to ABC Game Servers virtual machine(s) and the ABC Game Servers Load Balancing service.
“Availability” means that the ABC Game Servers service is running and has external network access as determined by ABC Game Servers.
“Service Credit” means an amount of credit in pound sterling applied to a Customers future invoice.
“Scheduled Maintenance” means any planned maintenance period. ABC Game Servers will use commercially reasonable efforts to notify customers of planned maintenance at least 7 days in advance either via direct email, and or on the website, our Facebook page and Twitter profile.
ABC Game Servers will use commercially reasonable efforts to ensure availability of your ABC Game Servers Service for at least 99.95% of the time, excluding Scheduled Maintenance. In the event that we don’t meet this commitment during any consecutive 30-day period you will be eligible for Service Credits of 5% of your fees for every full 30 minute period of unavailability up to a maximum of 100% of your relevant fees paid for that period.
Claims & Credits
To receive a Service Credit you must submit your claim via the ABC Game Servers ticket support system, including details of the period(s) of unavailability you wish to claim credit for so we can corroborate the details. Claims for Service Credits must be received within 14 days of the reported period of unavailability.
Service credits will be applied to the next generated invoice after investigation of your service refund request.
Eligibility & Exclusions
The following scenarios are examples where the ABC Game Servers SLA does not apply…
- Unavailability is due to a Customers own misconfiguration of their server(s) or application(s)
- Unavailability is caused by circumstances beyond our reasonable control, for example, network routing problems elsewhere that affect access to your ABC Game Servers service
- Unavailability is due to Scheduled Maintenance
- The customer’s account has been suspended (e.g for non-payment or breach of terms and conditions)
- The customer’s account has overdue payments when the account or service is under investigation, or payment for services due are later than 24 hours at the time of the refund period.
- The customers usage of ABC Game Servers services is in contravention of the Terms and Conditions
The customers usage of ABC Game Servers Services is deemed excessive (e.g use of network bandwidth or shared MySQL service is affecting other customers)