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GamersIsle - Terms of use and Acceptable use Policy

Terms of use and Acceptable use Policy

Registration
When purchasing products or services form GamersIsle, the purchaser must provide complete and accurate information about his/her name, address, phone number, and e-mail address.

Account Activation and Server Setup
Accounts will be setup within 24 hours after we have received payment verification. Dedicated servers have a 24 to 48 hour setup period. You must provide a valid email in order to receive account login information. The use of the GamersIsle website or services constitutes acceptance to the Terms and Conditions. Customers under the age of 18, agree that all Terms and Conditions will be viewed by the legal Parent/Guardian.

Cancellation of Service
Account cancellation must be made in writing by submitting a cancellation support ticket. Refunds will be based on a prorated unused portion of the rental term and will be paid on the first day of each month. This refund policy does not apply to Dedicated Servers, Web Hosting accounts, Domain registration, or America’s Army Honor Servers. A cancellation fee, not to exceed 15%, will be deducted from the prorated refund. All billing disputes must be reported within 30 days of the time that the dispute occurred.

Operational Limits
Temporary interruptions of services may occur as a result of third parties, such as Data Center failures and network outages; GamersIsle is not liable for these types of interruptions. In addition, GamersIsle will not be liable for loss of service, if such loss is beyond our reasonable control. This includes but is not limited to, acts of God, fire, explosion, vandalism, terrorism, storm damage, and national emergencies.

Content
Services provided by GamersIsle are intended for legal purposes only. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, illegal pornography.

Payment Information
You agree that until and unless you notify GamersIsle of your desire to cancel any or all services received, those services will be billed on a recurring basis and should be paid within 5 days of the due date. If you wish to cancel please contact our billing department. Billing@GamersIsle.com We reserve the right to change the monthly payment amount and any other charges at anytime. If payment is not paid on time we have the right to remove any of the contents on your account, and will not be liable for any loss of content or income.

Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.

Resource Usage
Any user found to be abusing the service may be terminated without prior notice.


The following resource limitations apply:

Modify any services that will provide increased capacity or performance for the customer is prohibited. This includes but is not limited to changing tick rates, increasing the maximum allowed players, or increasing data transfer rates.
Game server configurations which use mods or plugins that require an excessive use of resources, CPU, RAM, or Bandwidth may be removed without warning.
Bots can be demanding on server resources, currently we do not limit the number of Bots per server. However we do reserve the right to reduce the number of Bots allowed without notice.
Bandwidth Usage Dedicated Servers Only
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the
account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Indemnification
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against GamersIsle, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or
any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (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 products sold to customers from GamersIsle game Servers.

"UNLIMITED" USAGE POLICIES AND DEFINITIONS

  • What "Unlimited" means. Gamersisle does not set an arbitrary limit or cap on the amount of resources a single Subscriber can use. In good faith and subject to these Terms, Gamersisle makes every commercially reasonable effort to provide its Subscribers with all the storage and bandwidth resources needed to power their web sites successfully, as long as the Subscriber's use of the service complies with these Terms. By not setting limits on key resources, we are able to provide simple, consistent pricing to our Subscribers as they grow their websites. As a result, a typical website may experience periods of great popularity and resulting increased storage without experiencing any associated increase in hosting charges.

  • What "Unlimited" DOES NOT mean. Gamersisle employs complex mechanisms to protect its Subscribers and systems from abuse. Gamersisle's offering of "unlimited" services is not intended to allow the actions of a single or few Subscribers to unfairly or adversely impact the experience of other Subscribers.
    Gamersisle's service is a shared hosting service, which means that multiple Subscriber web sites are hosted from the same server and share server resources. Gamersisle's service is designed to meet the typical needs of small business and home business website Subscribers in the United States. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a dedicated server.
    Gamersisle will make every commercially reasonable effort to provide additional resources to Subscribers who are using their website(s) consistent with these Terms, including moving Subscribers to newer and bigger shared servers as necessary. However, in order to ensure a consistent and quality experience for all Subscribers, Gamersisle does place automated safeguards to protect against any one site growing too quickly and adversely impacting the system until Gamersisle can evaluate said sites resource needs.

  • Unlimited Hosting Space; excessive MySQL files.Gamersisle does not set arbitrary limits on the amount of disk space a Subscriber can use for the Subscriber's website, nor does Gamersisle charge additional fees based on an increased amount of storage used, provided the Subscriber's use of storage complies with these Terms. Please note, however, that the Gamersisle service is designed to host websites. Gamersisle does NOT provide unlimited space for online storage, backups, or archiving of electronic files, documents, log files, etc., and any such prohibited use of the Services will result in the termination of Subscriber's account, with or without notice. Accounts with a large number of files (inode count in excess of 200,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Gamersisle may request that the number of files/inodes, database tables, or total database usage be reduced to ensure proper performance or may terminate the Subscriber's account, with or without notice.

  • Unlimited File Transfer. Gamersisle does not set arbitrary limits on the amount of visitor traffic a web site can receive or on the amount of content a Subscriber can upload to his/her/its website in a given month, nor does Gamersisle charge additional fees based on increased use of bandwidth, as long as the Subscriber's use of the Services complies with these Terms. In most cases, a Subscriber's web site will be able to support as much traffic as the Subscriber can legitimately acquire. However, Gamersisle reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Subscribers.


  • Disclaimer
    We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.

    Changes to the TOS and AUP
    We reserve the right to revise policies and pricing at any time without notice.

    Violations of the Terms of Use and Acceptable use Policy
    Users who violate systems or network security may incur criminal or civil liability. GamersIsle 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. GamersIsle reserves the right to suspend/close any accounts with/without any prior notice or at their discretion.

    Violations may result in the following:

    A formal warning.
    Suspension or removal of one or all of a Customer's Services.
    Additional charges to a customer's account and/or early termination of customer's server.
    Limitation of Liability
    IN NO EVENT WILL GAMERSISLE 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 HOSTILE CONTACT OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION ON LIABILITY, HOWEVER, SHALL NOT RELIEVE FROM LIABILITY FOR DIRECT DAMAGES ARISING SOLELY OUT OF HOSTILE CONTACT’S GROSS NEGLIGENCE OR WANTON OR WILLFUL MISCONDUCT IN PERFORMANCE OF THE HOSTING SERVICES.

    INTELLECTUAL PROPERTY NOTICE

    "America's Army", "Honor", and "America's Army Honor" and their corresponding logos are copyrighted and/or trademarked by the Department of the Army. Logos and/or marks may not be used without expressed written permission from Pragmatic Solutions, Inc. or the Department of the Army respectively.


    Server support

    Server support is provided through email, by submitting a support ticket, VOIP using Ventrilo, Teamspeck, or Phone. We provide 100% support for basic game server installs. We will make every effort to support Mods, Bots, and custom files, but they are not guaranteed and are not covered by this support agreement. All Mods, Bots, and custom files are installed at your own risk. We will not honor server refunds for poor performing servers running Mods or Bots if it is our determination that the poor performance is a result of the installation of a Mod, Bot, or custom file.

    GamersIsle's Privacy Policy

    GamersIsle Privacy Poicy can be found HERE