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.
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.
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.
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.
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.
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!