These are the Terms and Conditions of Use for Xtreme Performance Servers (aka. XP Servers). These Terms and Conditions govern your rights and obligations, and those of XP Servers in relation to the Services offered by XP Servers through our website. Please take some time to read through these Terms and Conditions. By using our services you accept and agree to be bound by these Terms and Conditions. XP Servers retains the right to change any or all of the below Policies, Guidelines, and Disclaimers without notification.
1a. Content
Transmission, storage, or presentation of any information, data or material in violation of any Canadian Federal, Provincial or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless AMS from any claims resulting from the use of the service which damages the subscriber and any other party.
Also prohibited are sites that promote any illegal activity or present content that may be damaging our servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links: Pirated software hacker programs or archives, warez sites.
2a. Game Server Plugins and addons
XP Servers recommends installing the pre-build plugins available through the game panel. XP Servers does not support the installation/configuration/troubleshooting of 3rd party plugins NOT avalable throught the game panel. The customer/client must create a support ticket and request a plugin install if not available through XP Servers Game CP. We will attempt to install the plugin, support from this point on is the responsibility of the customer. Any plugin which is detected to be causing harm to the server and/or CPU utilization of 15% or greater will result in the server being disabled until the customer can rectify and fix the issue.
3a. Traffic Usage
XP Servers does not have a bandwidth cap for game servers however traffic patterns are closely monitored and if we detect you are using 75% greater bandwidth than other customers you will be notified. If a second notification is needed we have the right to cancel your services. Web hosting packages that are included at no extra cost are monitored for bandwidth abuse and we have the authority to cancel those such servcies if abuse is detected.
3b. FTP Usage
We do not install or allow any programs or scripts required to run through our game servers. XP Servers prohibits the use/overwrite and transfer of exe,com,bat,cmd,vbs,pif,scr file extentions to protect the safety and helth or the server. Any abuse of your FTP account will result in it's termination.
4a. Server Abuse
Any attempt to undermine or cause harm to a server or the customers of XP Servers is strictly prohibited. Furthermore it is restricted to cause harm or spam other servers or networks using XP Servers. Any attempt of such action will result in suspension of your account.
5a. Backups
Your data is backed up on the weekly basis. We also suggest that your server as often as you see fit just in case there is some sort of corruption in our backup servers and we cannot retrieve the information properly. XP Servers will not be responsible for any loss data.
6a. Billing
Recurring Billing: All credit cards are billed automatically on their renewal dates. If you do not want to renew your account please cancel the account before the renewal date. Cancellations must be done by contacting us through the gamecp. Customers whom choose to activate recurring billing using paypal MUST ensure they cancel the recurring payments through your paypal account. XP Servers does not take responsibility for accidental payments.
None Payment: It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, as a courtesy we will send an e-mail notifying the client of such issue. If we do not receive a response within 48 hours the account will be suspended.
Account Suspension: Any account suspended due to non-payment must contact the billing department to reactivate it. We cannot guarantee that your account will be activated or that the data will be fully intact for overdue accounts.
6b. 3 Day Money Back Guarantee
If you become unsatisfied with our services in any way within the first 3 days, we will refund 100% of your money. If you fail to follow our rules, terms and regulations we have the right not to refund your money. Refund can take anywhere from 1 - 7 business days to process.
6c. Cancellations
If you do not wish to renew your account please cancel the account before the renewal date by contacting us through the control panel. Contact is NOT needed to cancel your account. You will receive a payment reminder 6 days prior to your service ending. If you choose not to pay your account will automatically suspend after 2 days and you will NOT be charged.
7a. Refusal of Service
We reserve the right to refuse, cancel, or suspend service at our sole discretion.
8a. Limitation of Liability
XP Servers shall not be responsible for any claimed damages, including incidental or consequential damages, which may arise from XP Servers game servers going off-line or being unavailable for any reason whatsoever. Furthermore, XP Servers shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from any corruption or deletion of any game files from one of our servers. All damages shall be limited to the immediate termination of service.
9a. Disclaimer
XP Servers cannot be held liable for system downtime, crashes, or data loss. XP Servers holds no responsibility for the use of our clients' accounts. If any terms or conditions are failed to be followed, the account in question will be automatically suspended. We reserve the right to remove any account without advanced notice for any reason without restitution as SYSCUE sees fit.
9b. By using our services . . .
By using our service you agree to the above policies and disclaimer. Upon requesting account activation, you are required to accept these policies, guidelines, and disclaimer. A copy of your acceptance is forwarded along with your activation request to be maintained within your account information.
10a. Questions
If you have any questions or concerns regarding our Terms of Use please use the contact page to let us know.