Operation Gaming™ Terms of Service
(Last Updated: August 2008)
AGREEMENT BETWEEN YOU AND OPERATION GAMING, INC.
IMPORTANT - READ CAREFULLY BEFORE USING THIS WEB SITE OR APPLICATION. BY USING THIS WEB SITE OR APPLICATION,
YOU AGREE WITH THESE TERMS OF SERVICE.
IMPORTANT NOTICE: *All payments made to Operation Gaming, Inc., are Non-Refundable*
Operation Gaming agrees to furnish services to the Client, subject to the following Terms of Service (TOS) agreement.
This document may be changed from time to time at the discretion of Operation Gaming.
1. Disclosure to Law Enforcement:
This document specifically prohibits the use of our services for illegal activities.
Therefore, Clients agree that Operation Gaming may disclose any and all client information including assigned IP numbers,
account history, account use, and any other account information to any law enforcement agency who makes a written request
without further consent or notification to the Client. In addition Operation Gaming shall have the right
to terminate all services set forth in this Agreement.
2. Payment and Fees:
Clients acknowledge that the nature of the services furnished and the initial rates
and charges have been communicated to Clients. Clients are aware that Operation Gaming may prospectively change
the specified rates and charges from time to time. The promotional offer is contingent
upon Operation Gaming achieving and maintaining its cost of service goals including but not limited to rates charged
to Operation Gaming by its suppliers. Establishment of this service is dependent upon receipt by Operation Gaming
of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service.
The above applies to all accounts
and services provided by Operation Gaming. Services will be interrupted on accounts that reach 1 day past due.
Accounts not paid by the due date are subject to services interruption.
Service interrupted for non-payment shall be subject to account termination if payment is not recieved within 3 days after the due date.
If you desire to cancel your account,
please follow the proper procedure as outlined in this document.
3. Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due.
Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges,
plus reasonable interest and any collection fees.
4. Subscription Cancellations:
Clients acknowledge that if they cancel their PayPal subscriptions without requesting a cancellation,
services will be immediately terminated. If a client has requested a cancellation of service,
it is their responsibility for them to terminate the subscription. No refund will be issued
to clients who fail to cancel their subscription.
5. Subscription Service:
All services with Operation Gaming are subscription based services. This means the client is agreeing
to a term to term subscription. A client who chooses to pay month to month, quarter to quarter,
semi-annual to semi-annual, and annual to annual, agrees to be held liable for any and
all charges until which time the client wishes to terminate service. Client understands that accepting
this Terms of Service the client is agreeing to a Subscription based service and not a one time fee
to clients PayPal account. Client may terminate this subscription at any time and shall not be entitled
to a refund if client cancels service.
6. Refunds and Disputes:
All payments made to Operation Gaming for services, adding funds and current specials are non-refundable.
This includes the one time setup fee and subsequent charges regardless of usage.
All overcharges or billing disputes must be reported within fifteen days of the time the dispute occurred.
By reading this you hereby agree to not dispute a charge (create a charge back) with your credit card company.
7. Client Acknowledgement:
The Client acknowledges that the service provided is of such a nature that service can be
interrupted for many reasons other than the negligence of Operation Gaming and that damages
resulting from any interruption of service are difficult to ascertain. Therefore, the Client
agrees that Operation Gaming shall not be liable for any damages arising from such causes beyond
the direct and exclusive control of Operation Gaming. The Client further acknowledges that
Operation Gaming liability for its own negligence may not in any event exceed an amount
equivalent to charges payable by the Client for services during the period damages occurred.
In no event shall Operation Gaming be liable for any special or consequential damages, loss or injury.
8. New Order Processing:
The client acknowledges that Operation Gaming processes Gaming Server packages typical setup within 12 hours, Dedicated Gaming Server packages typical setup within 7 business days, Web Hosting packages instantly and automatically, Voice Communication packages instantly and automatically.
Client agrees that in the event the client does not receive a copy of his/her welcome e-mail that the client
will contact Operation Gaming immediately to obtain a new copy of his/her welcome e-mail. Clients who do not
contact Operation Gaming immediately will be held liable for all services being rendered until which time
the client requests to cancel those services with Operation Gaming.
9. New Domain Accounts:
All new webhosting accounts involving new domains will be set up and entered into our DNS servers within
24 hours of install date. Due to unforeseen complications, however, this process may sometimes require up to
2 business days.
10. Transfer of Domains:
New webhosting accounts which involve the transfer of a domain from another provider to Operation Gaming
will usually require a minimum of seven (7) days to be effective and entered into our DNS servers.
In some cases, such transfers may take up to fourteen (14) days. Due to the unpredictable nature of
the transfer process, no guarantees are made regarding the amount of time a specific transfer may take.
11. Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the
Services ordered by Customer on the Order Form (the "Agreed Usage"). Operation Gaming will monitor Customer's
bandwidth and disk usage. Operation Gaming shall have the right to take corrective action if Customer's bandwidth
or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges,
disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may
be taken is in Operation Gaming's sole and absolute discretion. If Operation Gaming takes any corrective action
under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.
In the event that a customer exceeds the included allocation, Operation Gaming may, at its sole discretion, collect
a deposit, in an amount determined by Operation Gaming, against customer's credit card on file
with Operation Gaming.
12. Support Boundaries:
Operation Gaming makes a guarantee that support requests will be answered within 24 hours.
We limit our technical support to our area of expertise. The following is our guidelines when providing support:
Operation Gaming provides support related to your server or virtual site's physical functioning.
Operation Gaming does provide tech support for application specific issues. Operation Gaming
does not provide technical support for Client's customers. Lastly the Help files in the program
you are using may have the answer to your question so please do investigate these resources before you contact
technical support. Operation Gaming provides support through our customer support ticket system by visiting
http://www.operationgaming.com/supporttickets.php.
13. SPAM and Unsolicited Commercial E-mail (UCE):
Operation Gaming takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE)
or SPAM over our network. Very simply this means that customers of Operation Gaming may not use
or permit others to use our network to transact in UCE. Customers of Operation Gaming may not host,
or permit hosting of, site or information that is advertised by UCE from other networks.
Violations of this policy carry severe penalties, including termination of service.
Each client that sends out UCE will be automatically charged a rate of $50.00 (USD) per UCE transmission.
A:
Violation of Operation Gaming SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy,
Operation Gaming will initiate an immediate investigation (within 72 hours of notification).
During the investigation, Operation Gaming may restrict customer access to the network to prevent further violations.
If a customer is found to be in violation of our SPAM policy, Operation Gaming may,
at its sole discretion, restrict, suspend, or terminate the Client's account. Further,
Operation Gaming reserves the right to pursue civil remedies for any costs associated
with the investigation of a substantiated policy violation. Operation Gaming will notify
law enforcement officials if the violation is believed to be a criminal offense.
B:
First violations of this policy will result in an "Administrative Fee" of $20 and your account will
be reviewed for possible immediate termination. A second violation will result in an
"Administrative Fee" of $40 an immediate termination of your account. Users who violate this policy
agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to
exceed $250 per hour that Operation Gaming personnel must spend to investigate the matter.
PLEASE, DO NOT SPAM from your account.
Account Details:
14. Backups:
Operation Gaming does not backup client's data. However, the client agrees to keep backups
of the clients own website, mail, and mysql files. The client agrees to not hold Operation Gaming
accountable for any data loss due to but not limited to: a hard drive failure, data corruption,
system failures, system upgrades, or system additions. Operation Gaming does not and will not
keep backups of client personal files or folders. In the event of a system failure
Operation Gaming will attempt to recover client files but may not always succeed.
15. System and Network Security:
Users are prohibited from violating or attempting to violate the security of the Operation Gaming's Network.
Violations of system or network security may result in civil or criminal liability. Operation Gaming will
investigate occurrences, and cooperate with law enforcement authorities in prosecuting Users who are involved
in such violations. These violations include, without limitation:
A:
Accessing data not intended for such User or logging into a server or account,
which such User is not authorized to access.
B:
Attempting to probe, scan or test the vulnerability of a system or network or to breach
security or authentication measures without proper authorization.
C:
Attempting to interfere with services to any user, host or network, including,
without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
D:
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
E:
Taking any action in order to obtain services which such User is not entitled.
16. Notification of Violation:
Operation Gaming is under no duty to look at each client's or user's activities to determine
if a violation of this document has occurred, nor do we assume any responsibility through our TOS
to monitor or police Internet-related activities.
17. First Violation:
Any user, which Operation Gaming determines to have violated any element of this document,
shall receive an e-mail, warning them of the violation. The service may be subject at
Operation Gaming discretion to a temporary suspension pending a User's agreement in writing,
to refrain from any further violations.
18. Second Violation:
Users that Operation Gaming determines to have committed a second violation of any element of
this document shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complains
if it is clear that the offending activity is causing great harm to parties on the Internet. In particular,
if open relays are on your network or a client's network, or if denial of service attacks
are originating from your network. In certain rare cases, we may have to do this before attempting to contact you.
If we do this, we will contact you as soon as we can.
19. Right to Refuse Service:
Operation Gaming reserves the right to refuse service to anyone, or to cancel any account,
for any reason or for no reason at all. In instances where the service of an existing client is canceled,
Operation Gaming may issue a refund for funds already paid.
20. Authorization to Use Services:
The client is granted the right to use the services provided by Operation Gaming in the manner it is intended.
Any unauthorized use of the services may result in account suspension, account termination, and administrative fees.
Unauthorized use includes, but is not limited to, (a) making unauthorized modifications
to the slot count / maximum number of users for any service, (b) using the service in such a way that
it causes the disruption of other users, and (c) using the service in such a way that the service facilitates
the unauthorized or unintended use of the service by the account holder or any other user of the service.
Operation Gaming reserves the right to, at its sole discretion, terminate without refund any account
it feels is in violation of this clause.
21. Rule of Law and Arbitration:
Read this section carefully, as it limits your legal rights. This agreement is entered in to,
and shall be subject to all applicable laws of, the State of Illinois, United State of America.
Should a conflict arise out of this agreement which would cause any parties rights to be limited
by the laws of any other jurisdiction, the laws applicable to the State of Illinois, and any relevant
Federal laws of the United States of America, shall apply. You agree to waive any rights that are
in conflict with the prevailing laws of the aforementioned jurisdictions. Any controversy, claim or
dispute arising out of or relating to this Agreement, shall be settled solely and exclusively
by binding arbitration in Wheaton, Illinois. Such arbitration shall be conducted in accordance
with the then prevailing commercial arbitration rules of our company, with the following
exceptions if in conflict:
(a) one arbitrator shall be chosen by Operation Gaming;
(b) client party to the arbitration will pay full expenses and fees of the arbitrator,
together with other expenses of the arbitration incurred or approved by the arbitrator; and
(c) arbitration may proceed in the absence of any party if written notice (pursuant to the our rules and regulations)
of the proceedings has been given to such party. Client party shall bear both our company
and its own attorneys fees and expenses. The parties agree to abide by all decisions
and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator
shall be final and conclusive. All such controversies, claims or disputes shall be settled
in this manner in lieu of any action at law or equity; provided however, that nothing
in this subsection shall be construed as precluding the bringing an action for injunctive
relief or other equitable relief. The arbitrator shall not have the right to award punitive
damages or speculative damages to either party and shall not have the power to amend this Agreement.
The arbitrator shall be required to follow applicable law.
IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE, THEN EACH PARTY,
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT
TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING
OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO.
22. Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you.
E-Mail, Fax, telephone contacts are used, in that order of preference.
A:
A waiver by Operation Gaming of any breach of any provision of this Agreement
by the Client shall not operate as or be constructed as a continuing or subsequent
waiver thereof or as a waiver of any breach of any other provision thereof.
B:
The Client shall not transfer or assign this Agreement without the prior written consent of Operation Gaming.
Operation Gaming may assign Agreement at anytime without the consent from or notice to the Client.
Operation Gaming reserves the right to cancel client's rights under
this contract at anytime without further obligation.
C:
Operation Gaming takes no responsibility for any material input by others and not posted
to the Operation Gaming Network by Operation Gaming. Operation Gaming is not responsible
for the content of any other websites linked to the Operation Gaming network; links are
provided as Internet navigation tools only. Operation Gaming disclaims any responsibility
for any such inappropriate use and any liability to any person or party for any other person
or party's violation of this policy.
D:
Operation Gaming is not responsible for any damages your business may suffer.
Operation Gaming does not make implied or written warranties for any of our services.
Operation Gaming denies any warranty or merchantability for a specific purpose.
This includes loss of data resulting from delays, non-deliveries, wrong delivery,
and any and all service interruptions caused by Operation Gaming.
23. INTELLECTUAL PROPERTY NOTICE: "AAHONOR" and "Pragmatic Preferred Provider" and their
corresponding logos are copyrighted and/or trademarked by Pragmatic Solutions, Inc.
"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.
24. Responsibility for Content:
You, as Operation Gaming client, are solely responsible for the content stored on and served by
your Operation Gaming server.
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