terms

STRIKE SERVERS LLC provides the Service, defined below in Section II, subject to your compliance with this Agreement. Other services provided by STRIKE SERVERS LLC will not be subject to this Agreement unless this Agreement is expressly incorporated into any other agreement regarding those services.

I. Definitions

A. Game Server - "Game Server" shall be defined as a server running a program that acts as a hub for clients to connect to for the purpose of interaction

II. Service

A. STRIKE SERVERS LLC shall make available a Game Server which shall be accessible by means of an Internet connection that shall be available for access by you and fellow players for Matches, Practice, Scrimmages and Tryout purposes. The Server may also be made for public play.

B. The Server may be made for Public or Private Use.

C. It is unacceptable to rent, lease, or "sub-let" your server for money or services.

D. STRIKE SERVERS LLC makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. STRIKE SERVERS LLC further reserves the right to change the Service or any of its features at any time with or without notice.

III. Registration Requirements

A. You must be at least 18 years old to register for the Service or have permission from a guardian or parent. By accepting this Agreement, you represent that you meet this age requirement or have permission to do so. Minors who use the Service are assumed to have parental or guardian consent to do so if a server is ordered.

B. You agree to provide STRIKE SERVERS LLC with accurate and complete billing information including your legal name, address, email, and telephone number. All changes to this information must be reported to STRIKE SERVERS LLC within 30 days of the change.

C. By accepting this Agreement, you agree that you are responsible for all charges posted to your account until you cancel the account as specified in Section XI.

IV. Fees, Refund Polices& Service Level Agreements

A. Setup fees are non refundable, and STRIKE SERVERS LLC does not issue pro rated refunds for fees paid in advance.

B. You must pay in advance each month. Currently, payments are accepted via Visa, Master Card, American Express and PayPal.

C. If you believe that STRIKE SERVERS LLC has billed you in error, you must contact STRIKE SERVERS LLC within 15 days of the invoice or transaction date of the charge. Refunds or adjustments will not be given for any charges which are more than 15 days old. Each request must be a written request to do so.

D. STRIKE SERVERS LLC will not give refunds after payment has been made. All clients are assumed to have tested out servers provided by information on the test page. However, STRIKE SERVERS LLC reserves the right to give refunds or credits on a case by case basis.

E. STRIKE SERVERS LLC requires that any account that wants to cancel must submit a support ticket to properly cancel their account. Failure to properly cancel a account will result in additional fee's or the following monthly charge once 24 hours past the account due date.

F. STRIKE SERVERS LLC will auto bill monthly charges on a credit card unless client requests us otherwise. If a client intends to cancel they must notify STRIKE SERVERS LLC by submitting a support ticket to cancel the account before or on the due date or the credit card will be auto billed.

G. You are eligible for a refund if we do not maintain 95% hardware or 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. You are then eligible for a prorated refund. While your ping times will be more then enjoyable on our service we will not issue refunds that are due to ping issues with you or your server members. Since there are so many ways to travel on the internet it would be impossible for anyone to guarantee internet ping times. We do our best to host your game server on the best bandwidth quality as possible. All refunds based on the Service Level Agreement (SLA) are a prorated remainder of your service time and may only be requested by submitting a request to STRIKE SERVERS LLC's billing department Monday - Friday from 9am-5pm CST on the Contact section of our site.

V. Use of the Service

A. STRIKE SERVERS LLC MAY REMOVE OR REFUSE TO POST ANY INFORMATION OR MATERIALS, IN WHOLE OR IN PART, WHICH ARE UNACCEPTABLE, UNDESIRABLE OR IN VIOLATION OF THIS AGREEMENT.

B. You are responsible for the upkeep of your server. If your server is down please notify us as soon as possible via a support ticket found on our web site to make sure your game server is back online. Since we don't monitor game servers on an individual basis, you must notify us if your server is experiencing problems or your server is down through our support area of our web site.

C. Private Servers - Password protected service - If you ordered a password protected 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 notify your clan members the proper password. Server passwords may not be posted in the server name. Our password protected game servers (Private Server) are designed for clan use only and are not intended to be used as a public game server. Server passwords must be changed every 45 days. If there are violations in any of the above rules your server will be taken offline until your server password has been changed.

D. 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. While we don't monitor our service on a daily basis we do reserve the right to inspect any game server to insure they are not exceeding the current max player limit allowed for that account. Violations will result in a 3 strike program. We will issue 3 warnings to a server before termination of service. This includes warning for any and/or all item related violations included in this Terms of Service.

E. Bots in game servers - Bots take extra server resources when the server is not in use. We do not allow bots to run on any of our game servers we host. If bots are found running on your game server you could be found in Violation of our Term of Service (TOS).

F. Boosters - Strike Servers completely forbids any use of any boosters, ping enhancers, or any such modification that affects pings of players in the server or increases overall hosting resources.

G. FTP Guidelines

1. Server Files - FTP access is not to be used to run a file site or for file storing. 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 customer. Anytime you make changes to your files please test those changes our on your local computer system first. Please change your files with care. We are not responsible for the files in your game server directories after your game server account is activated.

2. File Space Limits - There is a 3GB file limit per server for maps, mods, plugins, sounds etc. We reserve the right to delete information from your game install if your directory size goes over 3GB including the game install and log files.

VI No Warranties Provided by STRIKE SERVERS LLC

A. Except for certain products and services specifically identified as being offered by STRIKE SERVERS LLC, STRIKE SERVERS LLC do not control any information, products or services on the Internet and except for such STRIKE SERVERS LLC -identified content, all merchandise, information and services offered, made available, or accessible on the Internet are by third parties who are not affiliated with STRIKE SERVERS LLC.

B. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE AND THE INTERNET BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. STRIKE SERVERS LLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE IS FREE OF VIRUSES, WORMS , TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. STRIKE SERVERS LLC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH STRIKE SERVERS LLC OR ON THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY STRIKE SERVERS LLC, THEIR EMPLOYEES, AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.

C. STRIKE SERVERS LLC SHALL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION, AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.

VII. Your Remedies

A. If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account by one of the methods outlined in Section XI.

B. If your server is down for more than 8 hours in a one-day period, then you will receive one day of extra service added to your rental agreement for each incidence. 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 may not be paid in cash, or refunded to credit cards. A server is considered down by default of the machine and is unpingable and offline. STRIKE SERVERS LLC does not guarantee this remedy if the server is operational and pingable, but is not accessible because of client induced problems. By this it is meant by the alteration of files, addition of new files, or modifications to the way the game engine is designed to operate.

C. UNDER NO CIRCUMSTANCES SHALL STRIKE SERVERS LLC, THEIR EMPLOYEES, AFFILIATES OR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM ANY: USE OF YOUR ACCOUNT OR THE SERVICE OR YOUR INABILITY TO USE THE SERVICE; ACCESS OF THE INTERNET OR ANY PART THEREOF; OR, YOUR RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.

VIII. Indemnity

A. You agree to defend, indemnify, and hold STRIKE SERVERS LLC and its affiliates harmless from any and all liabilities, costs, and expenses, including reasonable attorneys' fees, related to or arising from: any violation of this Agreement by you or those who access the Service through your account; AND, the use of the Service or the Internet and the placement or transmission of any message, information, software, or other materials on the Internet by you or by those who have access to the Service through your account

IX. Terms of Agreement

A. This Agreement is effective upon the first use of the Service through your account

B. STRIKE SERVERS LLC will provide services paid for during this agreement. STRIKE SERVERS LLC is not responsible for client educed errors. STRIKE SERVERS LLC is only to provide a hosted game server that is pingable and has FTP access.

X. Termination of Agreement

A. You may terminate this Agreement by using only the methods outlined in Section XI.

B. STRIKE SERVERS LLC may terminate this Agreement at any time without cause upon 5 days prior notice; or, immediately upon notice if you, or any person who has access to the Service through your account, commit a material breach of this Agreement, including but not limited to a breach of any obligation imposed under Section 4, if it is found in any way that you are causing harm to anything, including all persons, under the name STRIKE SERVERS LLC, or you fail to pay any charges within 24 hours of the date they accrue.

C. Upon termination of this Agreement all rights granted to you and your authorized users under this Agreement shall immediately cease and terminate; and, you must destroy or return to STRIKSERVERS all copies of software and documentation that you received from STRIKE SERVERS LLC.

D. Termination of this Agreement does not release you from the obligation to pay all accrued charges under this Agreement.

E. If you are currently in a rental agreement for a private server, you may not post that server's password in the server name. If caught doing so, you are subject to immediate termination.

F. STRIKSEVERS's right to enforce the provisions of Sections III, IV, VI, VII, VIII, XI, and XII shall survive termination of this Agreement

XI. Notice

A. You may change or cancel your STRIKE SERVERS LLC Service account only by logging into our STRIKEPANEL and terminating your server.

B. STRIKE SERVERS LLC may provide notice to you by the following methods: Electronic mail (email) addressed to your email account; general posting to STRIKE SERVERS LLC web site at http://www.strikeservers.com; or by US Mail or courier service at the address you provided STRIKE SERVERS LLC when you registered for the service. All notices or other communications to you shall be deemed effective on the first (1st) calendar day following the date of electronic mailing or posting or on the fourth (4th) calendar day following the date of first-class mailing or deposit with a commercial courier service.

XII. Miscellaneous

A. STRIKE SERVERS LLC failure to enforce strict performance of any provision of this Agreement shall not be construed as a waiver.

B. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas , United States of America , without regard to its conflicts of law provisions. Your consent to the personal jurisdiction of the federal and state courts having jurisdiction for Texas with respect to all disputes arising out of this Agreement, your use of the Service or otherwise between you, STRIKE SERVERS LLC. Any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

C. Any action at law, suit in equity, or other judicial proceeding concerning, relating to, arising from, or touching upon in any way, no matter how remotely, the contract for services between you and STRIKE SERVERS LLC and/or your use of and/or STRIKE SERVERS LLC provision of systems and services there under, shall be brought and litigated, if at all, only in the state court system of the State of Texas. In such event, you acknowledge the right of the specified court to assert personal jurisdiction in any such action over you and waive and release now and forever any defense to that assertion of jurisdiction that might otherwise exist.

D. Neither this Agreement, nor any of your rights or obligations arising hereunder, shall be transferable by you to any third party without STRIKE SERVERS LLC's prior written consent.

E. STRIKESERVESR reserves the right to alter, amend or modify this Agreement at any time upon thirty (30) days notice. No amendment or modification to this Agreement by you shall be valid or binding on STRIKE SERVERS LLC unless made in writing and signed by all parties.