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Terms and Conditions

Introduction:

The terms and conditions of GameData, Inc. govern your rights and obligations, and those of GameData, Inc. in relation to the services offered by GameData, Inc. through our web site and our game, voice and web servers. Please take some time to read through these terms and conditions. By subscribing to GameData, Inc. game servers and/or using the GameData, Inc. web site you accept and agree to be bound by these terms and conditions.

Definitions:
For ease of reference, certain words used throughout the terms and conditions are given a specific meaning. These meanings are set out below:

"GameData, Inc." means the lowpings.net Web Site and Game Server Hosting Service, affiliated services hosted and sold through partner sites owned and operated by GameData, Inc.

"Server Application" means software which provides access from one User to another User. Users use client software running on a PC to connect to the server software.

"Game Server" means a GameData, Inc. system of software and hardware that allows a User to connect to other Users within a single Server Application via the Internet. Besides just games, Game Server can refer to Voice Servers and any other related services.

"Game Server Hosting" means the rental of the GameData, Inc. Game Servers to Users

"Services" means the services offered by GameData, Inc. via the lowpings.net web site, game servers or any other server applications including but not limited to voice servers, FTP servers or web hosting servers.

"Entry Password" means a password that lets you enter or join an existing Game Server to play

"Customer" means any User that is a Game Server Hosting subscriber who has paid in full for Game Server Hosting services, and is in good standing

"Admin User Name and Password" means one or more user names and passwords that can be used by the Customer for administering their GameData, Inc. Game Server

"Maxplayers" means the number of players that may join the Customer's Game Server at a single time. This number is typically determined by the Customer at the time of purchase.

"Protected" Game Server means a Game Server that must always remain locked so that players cannot join unless they enter the correct Entry Password when prompted

"Public" within this agreement is defined to mean either openly available or such that no Entry Password is in place on the game server

"Public Game Server" means a Game Server that is unlocked such that any player can join without being prompted for a Entry Password

"User" means any party using the Web Site or other GameData, Inc. services

"Trusted User" means any person that the Customer has given admin rights to and allows this person to contact GameData, Inc. on behalf of the Customer for changes, passwords, etc from Customer's Game Server

"Web Site" means GameData, Inc.'s web site hosted at www.lowpings.net or such other web site as GameData, Inc. may use from time to time

"Clan Site" means Customer's web site as hosted through GameData, Inc. or GameData, Inc.'s web hosting partner(s)

"Administrator" means a member of GameData, Inc.'s Administration staff

"User's Clanmates" means the online friends or team mates of the User who also participates in the User's GameData, Inc. Services

Registration:
When signing up for game server hosting Services, each User agrees to register using his/her correct name, address, and other requested details. In the event that any such information changes the User must notify GameData, Inc. immediately of such change.

Acknowledgment:
You specifically acknowledge that Gamedata, Inc. and its affiliates are not a part of or associated with the Valve Corporation.

Legal Game Ownership:
Each User is required to own a licensed copy of any and all software used in the server hosting that we run on his or her behalf including, but not limited to, game clients, game servers, voice clients, voice servers, FTP clients, etc.

User Names and Passwords:
Each Customer will receive an Admin User Name and Password to use and administer their Game Server, and an Entry Password, when applicable, needed to join the game server. The Admin User Name and Password is not to be made Public knowledge. The Customer is responsible for all access to the rented Game Server and use of the Services utilizing the user names and passwords. The Customer shall not disclose any user name, password or other security information supplied by GameData, Inc. to the Public. If it is suspected that an Entry Password has been made Public, then GameData, Inc. reserves the right to change the Entry password and e-mail the new one to the Customer. Repeated infractions may result in account suspension. Customers may change their password as needed by contacting GameData, Inc. with the new desired passwords, or modifying the password themselves.

If a Customer has forgotten his/her password, then that Customer or pre-determined Trusted User must contact us via email in order for us to remind or reset the login information. The Customer may provide us with a list of Trusted Users who may also make a request for and receive a reminder or reset of login information. This list of additional Users must contain an e-mail, game handle, and full name, of each User, prior to the User needing this special access.

Server Port Numbers
Each Customer's Server Application is assigned to specific port numbers in the Server Application config files. These port numbers are never to be changed by Customer or Customer's admins and in doing so may disable your server and other servers on the machine. Because of this possible impact, if Customer changes any port numbers on Customer's Application Server then Customer may be faced with a mandatory $25 setup fee to reinstall or fix the server without warning.

Changes to the Web Site and Key Service Issues:
The User acknowledges and accepts that GameData, Inc. may from time to time alter any aspect of the Web Site, or any of the services or products provided through the Web Site, as it thinks fit and without notice to the User. The User accepts that it will have no claim for breach of contract or otherwise in respect of any such alteration. GameData, Inc. reserves the right to e-mail Users at the e-mail address provided to GameData, Inc. by Users regarding any key service issues and it will be presumed that such e-mails will have been read. GameData, Inc. may run automated searches for abuse of its Services and Customers are deemed to have accepted this limited intrusion into their rented Services and GameData, Inc. accounts.

Updates:
These TOS may be updated or changed from time to time. You can review the most current version of these TOS at any time. If Gamedata, Inc. makes a change to these TOS and that change has a material impact on services, you will be provided notice of the change. Your continued use of services following such notice constitutes your acceptance of those changes.

User Conduct:
The User warrants that in its use of the Web Site and Services it shall:

1) Not, beyond normal use, act in any manner which negatively impacts on the equipment or network of GameData, Inc. or is likely to lower GameData, Inc.'s quality or brand image in the larger Internet community.

2) Use the Web Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Web Site by any third party

3) Not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person.

4) Not upload, post, transmit or distribute any material or information in which the User does not own or has license to the intellectual property rights, or any material which is in any way unlawful or which is potentially harmful, threatening, abusive, libelous, pornographic or otherwise obscene, or racially or ethically or otherwise objectionable; and

5) Not upload, post, transmit or distribute any material or information which contains a computer virus, or other code, files or programs intended or having for effect to disrupt, crash, or otherwise adversely affect the operation of the Clan Site, Game Servers, Services, or of other Users' computer systems.

6) Be aware that in using GameData, Inc., Users may travel over other networks or be involved in the use of other services. Users understand that they will be bound by the Terms and Conditions imposed by the operators of these networks and services.

Games Conduct:
When playing on GameData, Inc.'s own maintained demo game servers, Users must act in a sportsmanlike manner at all times. Malicious behavior will not be tolerated.

For Customer rented Game Servers, players are advised to follow the rules set forth by the Customer and the Customer's designated game server administrator(s).

Game Server FTP Use:
The FTP access and file space provided with GameData, Inc. game servers is to only be used for game files directly related to the game server. The FTP space is not to be used as a file store nor a file share with other people. Customer may use their web site for that purpose.

Anti-Cheat Policy:
When playing on GameData, Inc.'s public demo Game Servers, players who are suspected of cheating or hacking may be banned from all GameData, Inc. servers (both customer servers and GameData, Inc.'s own maintained game servers), and may have their handles, unique player IDs, IP addresses, and any other collected information made public and/or sent to community blacklists.

GameData, Inc.'s customers individual communities each have their own set of rules usually posted on their sites or forums, Users are expected to learn them and obide by them.

Account Security:
You will receive a password and Member ID upon completing the Service registration process. You agree to keep confidential all passwords and computer names and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur under your password or Member ID. You agree to do all of the following: (a) immediately notify Gamedata, Inc. if you suspect any breach of security such as loss, ID, or any credit or charge card number provided to Gamedata, Inc. by contacting Gamedata, Inc. immediately.

User’s Assumption of Risk:
There is a risk that other users may attempt to access your computer through the Internet or connected networks. You acknowledge this risk as inherent to the shared nature of the services and you agree to take full responsibility for taking adequate security precautions and safeguarding your data from loss.

International Use:
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Restricted Use:
You agree not to permit anyone else to use your membership data, such as password, and that each account may only be used by one member of your household or business. You agree that services are not to be used to host peer-to-peer applications that you are not actively using. You agree that the services are not to be used to trunk or facilitate public internet access (“Hotspots”) or any other Public Use of the Service.

Game Server Limits on Use:
For all GameData, Inc. Game Servers, Maxplayers can not be increased. Spectators, bots, summoned creatures are counted as players due to the increase in server resources they require, therefore, the total number of players + bots + summoned creatures should be kept less than or equal to your game server's max player limit.

Each Game Server has a 1000 MB disk space quota. If Customer exceeds disk space, Customer will get a warning via email to the account owner and if the additional disk space needed to cover Customer's file usage is not purchased or if the disk usage isn't brought down to under the Customer's current quota within 48 hours then some of Customer's files may be deleted or the account will be charged for the extra disk space by GameData, Inc.

For Protected Game Servers the Entry Password can not be removed.

Any Game Server used by the Customer or the Customer's guests after a subscription has expired will be considered a renewal and will result in additional charges to the customer. Failure to pay these charges will result in accrual of late fees.

Protected Game Server Overage:
The Entry Password cannot be removed, however, it can be changed as often as you would like. If the Entry Password to the Customer's Protected Game Server is removed 3 times or more during a 30 day period, then the Game Server will be considered to have been upgraded to become a Public Game Server as of the first occurance of the Entry Password removal and the Customer will immediately be required to pay for the difference in cost for this Public Game Server. The Game Server may be shut down until payment has been made. If there is a credit on the Customer's account, then the Game Server will remain up and the difference in cost will be deducted from the Customer's credit.

Of those mods and plugins which are excessive but are still allowed by GameData, Inc., they will not be covered by our Service Level Agreement.

Operational Limits; Force Majeure:
Provisioning of services is subject to the availability and the operational limitations of the requisite equipment and associated facilities. You understand and agree that temporary interruptions of services may occur as normal events in the provision of services and that Gamedata, Inc. is not liable for such interruptions. You further understand and agree that Gamedata, Inc. has no control over third party networks you may access in the course of your use of the services, and therefore, delays and disruptions of other network transmissions are beyond the control of Gamedata, Inc. In addition, Gamedata, Inc. will not be liable for any failure of performance, if such failure is due to any cause beyond Gamedata, Inc.’s reasonable control, including acts of God, fire, explosion, vandalism, nuclear disaster, sun spots, solar flares, terrorism, cable cut, storm or other similar occurrence, any law, order, regulation, direction, action, or request by any government, civil, or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches, or delays, or suspension of existing Service in compliance with the state and/or federal law, rules and regulations, or delays caused by you or your equipment.

Reversed Payments:
The customer agrees to contact GameData, Inc. by email at support@lowpings.net before filing any dispute or chargeback with their payment provider and give GameData, Inc. ample time to respond to their concerns. For whatever reason, if a Customer's payment is reversed by a third party, including but not limited to a bounced check, insufficient funds, PayPal payment reversal, a credit card charge back, then the Customer will be charged a $35 charge back fee. Failure by the Customer to pay this amount within 60 days will result in creating a Late Payment and the associated collections issues involved with that.

Late Payment:
If the Customer fails to pay any fees owed after 60 days of the invoice date, then late charges of one and one-half (1.5%) per month or the maximum allowable under applicable law shall also become payable by the Customer to GameData, Inc.. In the event of collection enforcement, Customer shall be liable for any costs associated with such collection, including without limitation, legal costs, attorneys' fees, court costs and collection agency fees.

We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your account may be reflected in your credit report.

Effect of Failure to Comply:
Failure to comply with any Terms and Conditions may find the User being subject to, but not limited to:

1) A formal warning.

2) Suspension or removal of one or all of a Customer's Services.

3) Additional charges to a customer's account and/or early termination of customer's server.

User, User's Clanmates, User's Admins, or any person who benefited either directly or indirectly from the use of Customer's Services with GameData, Inc., whether with knowledge or without of any wrong doing by User, will be removed of all Internet access to the Customer's Services being used, or all services on GameData, Inc.'s entire nationwide network especially in the cases of payment fraud or overdue debt, though not limited to only these cases.

1) Termination of a Customer's Services of GameData, Inc.

2) A kick or ban of User, User's Clanmates, and User's Admins from GameData, Inc.'s own maintained hosted game servers (the length of the ban to be determined by the Administrator)

3) A GameData, Inc. network wide ban of User, User's Clanmates, and User's Admins from all GameData, Inc. hosted servers, handles, game ids (SteamIDs, etc), personal IP addresses and any other collected data of User, User's Clanmates, and User's Admins may be made public and/or added to community blacklist(s).

Any decision made by GameData, Inc. with regards to a User's failure to comply will be final and all cases will be considered individually upon their merits.

Cancellation Policy:
You may cancel at any time. All customers are on a subscription basis and the subscription will renew until the customer cancels. Service will continue until payments already received have been exhausted. There will be no refunds (pro-rata or in full) after the account creation e-mail has been sent. User's services will be terminated after the account has been cancelled and any pre-payments have been exhausted.

To cancel your account, you must login to your control panel and open a support ticket requesting cancellation. For security reasons, this is the only accepted method of cancellation. You must cancel your account 24 hours before you are rebilled or you will automatically be rebilled. We are not responsible for notification before charging the account. If you have a paypal subscription, you must cancel your paypal subscription directly though paypal. You can do this by logging into your paypal account, clicking your lowpings.net subscription and then clicking cancel subscription. Failure to cancel your Paypal subscription may result in Paypal automatically taking payment from your account.

Legal Authority:
You must have partental concent or be an adult of at least 18 years of age to register as an Account holder or have legal capacity to contract; and by accepting these TOS as an Account holder, you confirm that you are an adult of at least 18 years of age or have legal capacity to contract in your jurisdiction.

Computer and Telecommunications Faults:
The User acknowledges and accepts that computer and telecommunications systems are not fault free and may from time to time require periods of downtime (being periods during which the Web Site is not available to the User) for the purposes of repair, maintenance and upgrading. Accordingly GameData, Inc. does not guarantee uninterrupted availability of the Web Site, but it shall make reasonable effort to minimize any periods during which the Web Site is not available. The User accepts that he or she shall have no claim for breach of contract or otherwise in respect of any such period of unavailability.

Copyright and other Intellectual Property Rights:
The User acknowledges that all copyright, trademarks (registered or unregistered), know-how, design rights (registered or unregistered) and all other intellectual property rights in the Material, the Web Site and the Services shall belong to GameData, Inc. and the User undertakes not to infringe any of the said rights. Other than to the extent required to access and view the Web Site, or for approved affiliates of GameData, Inc., no copying, distribution, modification of the Web Site or any Material is permitted. Resale or supply of any Material is expressly prohibited.

The User acknowledges that certain Material is supplied under license and that the intellectual property rights in such Material is owned by the licensor. Neither GameData, Inc. nor the licensor will be responsible for any errors or corruption in the Material provided.

Software Piracy
The user acknowledges that they own a legitimate purchased copy of the game or games for which they are acquiring servers. If they are renting a server for a mod, the user acknowledges that they own a legitimate copy of the game for which the mod was created. Furthermore, the user agrees that they will not alter their server in any way so as to disable, nullify or circumvent any copy protection safeguards that may be put in place by the software vendor.

Rules Relating To Communication:
Users shall not use any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually orientated, racially offensive, or otherwise objectionable material. This includes (but is not limited to) text, graphics, video, programs or audio material or programs of any kind. GameData, Inc. accepts no responsibility for the content of any postings by Users and retains the right to remove any posting which, in its opinion, is in breach of these Terms and Conditions.

Users shall not advertise any products, services or refer to specific web site addresses without obtaining consent of GameData, Inc.. Users will only post material which they own in copyright or have license to post and must not infringe the rights of any third party including (but not limited to) copyright, trade mark, trade secret, privacy or publicity rights. As a User, you agree to indemnify GameData, Inc. against any damages, loss, costs or expenses arising from any posted material, including but not limited to any claim by any third party that such use infringes its intellectual property rights.

Limitation of Liability:
IN NO EVENT WILL GameData, Inc. 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 GameData, Inc. OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION ON LIABILITY, HOWEVER, SHALL NOT RELIEVE GameData, Inc. FROM LIABILITY FOR DIRECT DAMAGES ARISING SOLELY OUT OF GameData, Inc.'S GROSS NEGLIGENCE OR WANTON OR WILLFUL MISCONDUCT IN PERFORMANCE OF THE HOSTING SERVICES.

Indemnification:
Customer agrees to indemnify, defend, and hold harmless GameData, Inc., its directors, officers, employees and agents, and defend any action brought against same with respect to any claim, demand, cause of action, debt or liability, including without limitation, reasonable attorneys' fees, to the extent that such action is based upon a claim that: (i) if true, would constitute a breach of any of Customer's representations, warranties, or agreements hereunder; (ii) arises out of the gross negligence or willful misconduct of Customer's; or (iii) any of the Customer's Content to be provided by Customer hereunder or other material on the Web Sites or Game Servers infringes or violates any rights of third parties, including without limitation, rights of publicity, rights of privacy, patents, copyrights, trademarks, trade secrets, and/or licenses.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE AND/OR SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE AND/OR SOFTWARE ARE PROVIDED ON AN “AS IS’ AND “AS AVAILABLE” BASIS. GAMEDATA, INC. AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2. GAMEDATA, INC. AND ITS AFFILIATE, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE AND/OR SOFTWARE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE AND/OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE (FOR EXAMPLE BUT WITHOUT LIMITATION, GAMEDATA, INC. DOES NOT WARRANT THAT YOU WILL ALWAYS RECEIVE EMAILS ADDRESSED TO YOU), (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE AND/OR SOFTWARE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE AND/OR SOFTWARE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE AND/OR SOFTWARE WILL BE CORRECTED.

3. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE – DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

Arbitration:
Any dispute, controversy, or claim arising out of, or related to the interpretation of this contractual agreement will be resolved by a professional arbitrator appointed by GameData, Inc. Unless otherwise agreed by the parties, the dispute will be conducted as an e-mail/desk hearing in accordance with the rules of commercial arbitration of the arbitrator, and the decision of the arbitrator shall be binding and shall be deemed final. Judgment upon the award of the arbitrator may be entered in any court having jurisdiction thereof. The arbitration award may include reasonable fees and expenses of arbitration. Unless otherwise agreed, all disputes will be decided pursuant to, and in accordance with, the laws of Texas, U.S.A. The exclusive forum for any legal proceedings which arise out of the terms of this Agreement shall be the court sitting in the City of Fort Worth, Texas, and the parties hereby submit themselves and their property to the personal jurisdiction and venue thereof.

Resource Demanding Mods and Plugins:
For all GameData, Inc. Game Servers, any configurations which use mods or plugins which require an excessive amount of resources such as CPU, memory, or bandwidth may be removed by GameData, Inc. staff without warning.

Bots are considered very demanding on CPU resources, and therefore the limit on bots is set at 10% of the max player limit. A 20 slot server would be restricted to 2 bots. A 40 slot server restricted to 4 bots, etc.

Valid Coupon Code Uses:
Coupon codes can only be used for what they are advertised for. If a customer uses a coupon code for a service or product not advertised as a valid use, then the amount is subject to adjustment or change without notice.

Acceptance of Terms:
In using any GameData, Inc. Service, including but not limited to being anonymous or as a Customer, the User agrees to be bound by these Terms and Conditions. Failure to accept these Terms and Conditions means User does not have permission to access the contents of the web site and associated services and he/she should cease the use of these immediately.

VIOLATION OF THE TERMS AND CONDITIONS CONTAINED IN THIS DOCUMENT MAY RESULT IN IMMEDIATE TERMINATION OF CUSTOMER'S ACCOUNT WITH NO REFUND!

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