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By purchasing a
service from WOLFServers/WOLFServers.com you are agreeing to these Terms of
Service.
These WOLFServers.com Terms of Service (this "
Agreement ") and WOLFServers.com's Acceptable Use
Policy (" AUP ") govern your purchase and use of all
WOLFServers.com services (collectively, the " Services
"), as described in the Order Form(s) submitted by you and accepted by
WOLFServers.com. You must register and accept the terms of this Agreement and the
AUP in order to use the Services. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW,
AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE
READ THIS AGREEMENT AND THE AUP AND AGREE TO BE BOUND BY ALL TERMS AND
CONDITIONS OF THIS AGREEMENT AS WELL AS ALL POLICIES AND GUIDELINES OF THE AUP,
WHICH ARE INCORPORATED HEREIN BY REFERENCE. WOLFServers.com may modify any of
the terms and conditions contained in this Agreement and the AUP, at any time in
its sole discretion. Any modifications are effective upon posting of the
revisions on the WOLFServers.com web sites, WOLFServers.com, WOLFGaming.net,
BF2gaming.net, WOLFMediaInc.com (the " Sites "). Your
continued use of the Services following WOLFServers.com's posting of any
modifications constitutes your acceptance of the modifications. If you do not
agree to the terms of any modification, do not continue to use the services and
immediately notify WOLFServers.com of your termination of this Agreement in the
manner described in Section 1.1 below.
Term and
Payment for Services.
Term. This Agreement will be for an
" Term " of 1 month from the date the Services are first
provided by WOLFServers.com. This Agreement will be automatically renewed (the
" Renewal Term ") at the end of the Initial Term or any
Renewal Term for a period of thirty (30) days unless you provide WOLFServers.com with written notice of termination at least 3 business days before the end
of the Initial Term or Renewal Term, whichever is then applicable. To schedule
your account for cancellation, please login to WOLFServers.com. and submit a
ticket under the category "Cancellation Request" from the pull down menu. This
will ensure that your account is processed for cancellation and will generate an
email that will be sent to you regarding full details of your request as well as
the offline date of your server. We cannot be held responsible for continued
invoicing if the above method is not followed.
Cancellation or None Payments have a grace period of
3 days. If within those 3 days services are not paid for then services are
removed from system.
Credit Card payments are manual payments each month.
There is no automatic rebilling for Credit Card clients. We do NOT store Credit
Card numbers in our systems.
PayPal users please note. When canceling your
subscription you must login to your PayPal account and cancel the subscription.
Click here for instructions.
A Special note to Ranked
BF2 and BF2142 clients:
You may not resell Ranked BF2 or BF2142
server(s). Clients found reselling servers will have their servers
disconnected. There will be no refunds if found reselling. This is a violation
of EA's Terms of Service and could cause WOLFServers to loose it's ability to
host Ranked BF2 or BF2142 Servers. This matter is taken with the utmost of
seriousness.
Knife and Pistol
Servers are NOT allowed! This is in breach of contract and servers will be
disabled or terminated based on WOLFServers discretion. These type of servers
are also in breach of EA's Rules of Engagement...Refund of services are also at
the discretion of WOLFServers.
EA Rules of Conduct < EA Maintained Rules of
Conduct for servers.
Examples of such rules that would violate the EA Online Terms
and Conditions are:
- Preventing players from being Commander or Squad
Leaders.
- Preventing players from using certain vehicles such as
jets, helicopters or tanks.
- Running knife / pistol only
servers.
- Preventing players from using all commander assets
(artillery, vehicle drop, UAV or scans).
If using Infantry only server-side option, this should be
clearly stated in the game load screen.
- Preventing players from using certain weapons or items
(such as flash bangs or C4) or enforcing a “pistol only” or “knife only”
server rule.
Termination. This Agreement may be
terminated: (i) by you or WOLFServers.com during any Renewal Term, without
cause, by giving the other party 30 days prior written notice; (ii) by
WOLFServers.com in the event of nonpayment by you as provided in Section 1.4 below;
and (iii) by
WOLFServers.com , at any time, without
notice, if, in WOLFServers.com's sole judgment, you are in violation of any
terms or conditions of the AUP. If you terminate this Agreement, or if
WOLFServers.com terminates this Agreement for your breach, before the end of the
Initial Term or the Renewal Term, whichever is then applicable, you will be
required to pay immediately all fees and costs accrued before the termination
date, all monthly recurring fees for each month remaining in the term and any
other amounts you owe to WOLFServers.com under this Agreement.
There are no implicate
contracts. All services are month to month and maybe canceled by
WOLFServers at it's own discreation without legal consiquence. Prepayment does
not exclude this termination option. All prepayments of more then one month will
be prorated and refunded within 72 hours of termination.
Charges. You will pay all charges
for your use of the Services at the then current WOLFServers.com prices. You
are responsible for paying all federal, state, and local sales, use, value
added, excise duty and any other taxes assessed with respect to the Services,
other than taxes based on WOLFServers.com's net income.
Payment. You will pay all charges
for the first month of service in advance on the first day of the Initial Term.
You will pay all subsequent charges for Services in advance on the anniversary
day of each month according to the then current price for the Services." You
must pay for the Services by credit card. You authorize WOLFServers.com to
charge your credit or debit card to pay for any charges that may apply to your
account. You must notify WOLFServers.com of any changes to your card account
(including, applicable account number or cancellation or expiration of the
account), your billing address, or any information that may prohibit
WOLFServers.com from charging your account. Your failure to fully pay any fees and taxes
within 72 hours from the applicable due date is a material breach of this
Agreement, justifying WOLFServers.com to suspend its performance and terminate
this Agreement. If WOLFServers.com terminates for your material breach, you
will be required to pay immediately all fees and costs accrued before the
termination date, all monthly recurring fees for each month remaining in the
term and any other amounts you owe to WOLFServers.com under this Agreement. You
are responsible for any costs WOLFServers.com incurs in enforcing collection,
including reasonable attorneys' fees, court costs and collection agency fees. To
reinstate Services, you must pay for 3 months of Service in advance on the first
day such Services are reinstated and any fees associated with reinstating
Services.
Requirements for using Microsoft software.
Subscribers are prohibited from allowing more than five (5) authenticated users
of the Microsoft Windows Server Operating Systems under Microsoft licensing
terms and could create liability issues with Microsoft if violated.
Refund and Disputes. All payments to
WOLFServers.com are nonrefundable. This includes any applicable setup fees and
subsequent charges regardless of usage. All overcharges or billing disputes must
be reported within 60 days of the time the dispute occurred. If you dispute a
charge to your credit card issuer that, in WOLFServers.com's sole discretion is
a valid charge under the provisions of this Agreement and/or AUP, you agree to
pay WOLFServers.com an "Investigation Fee" of $100.00.
Use of Services.
Acceptable Use Policies. The AUP
governs the general policies and procedures for use of the Services. The AUP is
posted on the sites at (or such other location as WOLFServers.com may specify)
and may be updated from time to time. BY USING THE SERVICES, YOU AGREE TO BE
BOUND BY THE TERMS OF THE AUP AND ANY MODIFICATIONS TO THE TERMS.
WOLFServers.com MAY TERMINATE YOUR ACCOUNT WITHOUT NOTICE FOR ANY VIOLATION OF THE AUP OR
THIS AGREEMENT.
Domain Names. Upon registering your
domain name, you are bound by the terms of the registration service's then
current domain name policy and the policies of the national DNS registration
authorities. WOLFServers.com will not refund any fees you paid with respect to
the registration of a domain name you are unable to use. All new webhosting
accounts involving new domains will be set up and entered into our DNS servers
within 3 to 5 business days. Due to unforeseen complications, however, this
process may sometimes require up to 7 business days. If the new domain is
registered by you, there will be no handling fee. If the domain is registered by
WOLFServers.com on your behalf a handling fee will be incurred. New webhosting
accounts which involve the transfer of a domain from another provider to
WOLFServers.com will require a minimum of seven (7) days to be set up and entered
into our DNS servers. In some cases, such transfers may take up to sixty (60)
days. Due to the unpredictable nature of the transfer process, no guarantees are
made regarding the amount of time a specific transfer may take. If the transfer
of the domain is done by WOLFServers.com on your behalf, a handling fee will be
incurred. If you cancel service during the transfer period for any reason, all
charges are considered earned.
Security. You are solely responsible for any security
breaches affecting servers or accounts under your control. If your server is
responsible for or involved in an attack on or unauthorized access into another
server or system, WOLFServers.com will shut it down immediately. You will pay
any charges resulting from the cost to correct security breaches affecting
WOLFServers.com or any of its other customers.
Backups.
You are solely responsible for any and all backups of your data.
WOLFServers.com may not be held accountable for any loss of data due to
hardware or software failure. WOLFServers.com highly recommends daily backups
for your protection.
Intellectual Property Rights Your
Warranties and Representations to WOLFServers.com. You warrant, represent, and
covenant to WOLFServers.com that: (a) you are at least 18 years of age if an
individual, (b) you possess the legal right and ability to enter into this
Agreement; (c) you will use the Services only for lawful purposes and in
accordance with this Agreement and all applicable policies and guidelines,
including the AUP; and (d) your content does not and will not infringe or
violate any right of any third party (including any intellectual property
rights) or violate any applicable law, regulation or ordinance.
IP Numbers. WOLFServers.com will
maintain and control ownership of all Internet protocol (" IP
") numbers and addresses that WOLFServers.com may assign to you.
WOLFServers.com may, in its sole discretion, change or remove any and all IP numbers and
addresses.
WOLFServers.com may provide you access to other
third party software and/or services ("Third Party Products
") through reseller relationships WOLFServers.com has established with
certain commercial vendors, including without limitation, Microsoft Corporation
("Third Party Vendors"). Unless otherwise notified,
Customer understands that product support for Third Party Products is provided
by WOLFServers.com and not by the Third Party Vendor. Neither WOLFServers.com
nor any Third Party Vendor makes any representations or warranties, express or
implied, regarding any Third Party Products. CUSTOMER EXPRESSLY ACKNOWLEDGES AND
AGREES THAT USE OF THIRD PARTY PRODUCTS IS AT CUSTOMER'S SOLE RISK AND SUCH
THIRD PARTY PRODUCTS ARE PROVIDED "AS IS" AND WITHOUT REPRESENTATION OR WARRANTY
OF ANY KIND FROM WOLFServers.com OR ANY THIRD PARTY VENDOR, INCLUDING WITHOUT
LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES OR RESULTS,
CORRESPONDENCE TO DESCRIPTION, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WOLFServers.com NOR ANY
THIRD PARTY VENDOR WILL BE LEGALLY RESPONSIBLE FOR ANY DAMAGES, WHETHER DIRECT,
INDIRECT, OR CONSEQUENTIAL, ARISING FROM THE USE OR INABILITY TO USE ANY THIRD
PARTY PRODUCT. CUSTOMER AGREES TO OBSERVE THE TERMS OF ANY LICENSE AND/OR
APPLICABLE END USER SUBSCRIBER AGREEMENT FOR THIRD PARTY PRODUCTS AND THAT
CUSTOMER SHALL BE FULLY LIABLE TO THIRD PARTY VENDORS AND WOLFServers.com WITH
RESPECT TO ANY IMPROPER USE OF SUCH THIRD PARTY PRODUCTS OR VIOLATION OF LICENSE
AGREEMENTS WITH THEM AND/OR APPLICABLE END USER SUBSCRIBER AGREEMENTS.
You shall not (i) remove, modify or obscure any
copyright, trademark or other proprietary rights notices that appear on any
Third Party Product or that appear during use of any Third Party Product; or
(ii) reverse engineer, decompile, or disassemble any Third Party Product, except
and only to the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation.
Enforcement Actions. WOLFServers.com reserves the right to suspend or terminate the Service immediately or take
any other corrective action it deems appropriate in its sole discretion if in
the sole judgment of WOLFServers.com your server is the source or target of any
violation of the AUP or for any other reason which WOLFServers.com chooses. If
inappropriate activity is detected, all of your accounts in question will be
deactivated until an investigation is complete. Prior notification to you is not
assured. In some cases, law enforcement will be contacted regarding the
activity. These rights of action, however, do not obligate WOLFServers.com to
monitor or exert editorial control over the information made available for
distribution via the Services. If WOLFServers.com takes corrective action
because of a possible violation, WOLFServers.com will not refund to you any
fees you paid in advance of the corrective action.
Disclosure Rights. The AUP
specifically prohibits the use of our service for illegal activities. Therefore,
you agree that WOLFServers.com may disclose any and all of your information
including assigned IP numbers, account history, account use, etc. to any law
enforcement agent who makes a written request without further consent or
notification to you. In addition, WOLFServers.com shall have the right to
terminate all service set forth in this Agreement.
Disclaimed Warranties.
WOLFServers.com exercises no control over, and accepts no responsibility for, the content
of the information passing through WOLFServers.com's host computers, network
hubs and points of presence, or the Internet. USE OF THE SERVICES OR ANY
INFORMATION THAT MAY BE OBTAINED THEREFROM IS AT YOUR OWN RISK. ALL SERVICES
PERFORMED UNDER THIS AGREEMENT ARE PERFORMED "AS IS" AND WITHOUT WARRANTY
AGAINST FAILURE OF PERFORMANCE INCLUDING, ANY FAILURE BECAUSE OF COMPUTER
HARDWARE OR COMMUNICATION SYSTEMS. WOLFServers.com DOES NOT MAKE AND DISCLAIMS,
AND YOU WAIVE ALL RELIANCE ON, ANY REPRESENTATIONS OR WARRANTIES, ARISING BY LAW
OR OTHERWISE, REGARDING THE SERVICES, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ARISING
FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. WOLFServers.com DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR
COMPLETELY SECURE.
Limitation
and Exclusion of Liability.
Limitations. IN NO EVENT WILL
WOLFServers.com OR ITS SUPPLIERS HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR
ALTERATION, THEFT OR DESTRUCTION OF INFORMATION DISTRIBUTED OR MADE AVAILABLE
FOR DISTRIBUTION VIA THE SERVICES THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES.
NEITHER WOLFServers.com NOR ITS SUPPLIERS WILL HAVE LIABILITY WITH RESPECT TO
WOLFServers.com'S OBLIGATIONS UNDER THIS AGREEMENT, OR OTHERWISE FOR
CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF
WOLFServers.com HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THE LIABILITY
OF WOLFServers.com AND ITS SUPPLIERS TO YOU FOR ANY REASON AND UPON ANY CAUSE
OF ACTION IS LIMITED TO THE AMOUNT YOU ACTUALLY PAID TO WOLFServers.com UNDER
THIS AGREEMENT DURING THE 3 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE
CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE,
INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY,
MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY
WOLFServers.com UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON
THIS ALLOCATION OF RISK. ACCORDINGLY, YOU RELEASE WOLFServers.com AND ITS
SUPPLIERS FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THE
LIMITATION STATED IN THIS SECTION 6.1.
Interruption of Service. WOLFServers.com and its
suppliers are not liable for any temporary delay, outages or interruptions of
the Services. Further, WOLFServers.com is not liable for any delay or failure
to perform its obligations under this Agreement, where the delay or failure
results from any act of God or other cause beyond its reasonable control
(including, any mechanical, electronic, communications or third-party supplier
failure).
Indemnification. In agreeing to the WOLFServers.com
AUP and this Agreement, you agree to indemnify, defend and hold harmless
WOLFServers.com, its employees, directors, partners, representatives and affiliates,
for any violation by you or your customers of the AUP or this Agreement that
results either in loss to WOLFServers.com or the bringing of any claim against
WOLFServers.com by any third-party. For example, if WOLFServers.com is sued
because of your or your customer's activity related to the Services, you will
pay any damages awarded against WOLFServers.com, its employees, directors,
partners, representatives and affiliates, plus all costs and attorney's fees.
By purchasing a service from
WOLFServers/WOLFServers.com you are agreeing to these Terms of Service.
MISCELLANEOUS PROVISIONS..
WOLFServers.com and you agree that, except as
otherwise expressly provided in this Agreement, the Order Form(s) or the terms
and conditions of use of any third party software products, there shall be no
third party beneficiaries to this Agreement, including but not limited to the
insurance providers for either party or your customers. THIS AGREEMENT IS MADE
UNDER AND WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE
STATE OF NEVADA (EXCEPT THAT BODY OF LAW CONTROLLING CONFLICTS OF LAW) AND
SPECIFICALLY EXCLUDING FROM APPLICATION TO THIS AGREEMENT THAT LAW KNOWN AS THE
UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. EXCLUSIVE VENUE
FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL BE THE STATE
AND FEDERAL COURTS IN NEVADA, AND EACH PARTY IRREVOCABLY CONSENTS TO SUCH
PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO. In the event any
provision of this Agreement is held by a tribunal of competent jurisdiction to
be contrary to the law, the remaining provisions of this Agreement will remain
in full force and effect. The waiver of any breach or default of this Agreement
will not constitute a waiver of any subsequent breach or default, and will not
act to amend or negate the rights of the waiving party. You may not sell, assign
or transfer its rights or delegate its duties under this Agreement either in
whole or in part without the prior written consent of WOLFServers.com, and any
attempted assignment or delegation without such consent will be void.
WOLFServers.com may assign this Agreement in whole or part. WOLFServers.com also
may delegate the performance of certain Services to third parties. All notices,
demands, requests or other communications required or permitted under this
Agreement shall be deemed given when delivered personally, sent by facsimile
upon confirmation, sent and received by return receipt email, or upon receipt of
delivery of overnight mail. You and WOLFServers.com are independent contractors
and this Agreement will not establish any relationship of partnership, joint
venture, employment, franchise or agency between you and WOLFServers.com This
Agreement, including all documents incorporated herein by reference, constitutes
the complete and exclusive agreement between the parties with respect to the
subject matter hereof, and supersedes and replaces any and all prior or
contemporaneous discussions, negotiations, understandings and agreements,
written and oral, regarding such subject matter.
Survival. All provisions of this Agreement relating
to your warranties, intellectual property rights, limitation and exclusion of
liability, your indemnification obligations and payment obligations will survive
the termination or expiration of the Agreement.
Original date (7/1/2005)
revision v1.2 (5/30/07)
revision v1.3 (9/13/07)
revision v1.4 (8/21/08)
revision v1.2 - Removed Map
Size Restrictions for BF2 and 2142 Ranked Servers. revision v1.3 - Added ETQW information. Also added Credit Card Payment
information
revision v1.4 - Further clearified termination policy.
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