Terms of Service
413 GAMING LLC t/a System413 (f/k/a SkaiaNet) Customer Agreement
Welcome to this site operated by 413 Gaming LLC, its subsidiaries and affiliates ("413 Gaming LLC", "System413", "we", "our" and "us"). This site offers a wide variety of products and services which may be accessed through the site ("Site"). The term "you" or "your" includes any of your subsidiaries, affiliates, employees, agents, customers, contractors or entities you represent ("end users").
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. By accessing or using our Site or Service in any way you are agreeing to comply with this Agreement, including any documents, policies and guidelines incorporated by reference (referred to collectively as the "Agreement" or "Customer Agreement"). This Agreement contains the terms and conditions that govern your access to and use of the Hosting Services and is an agreement between 413 GAMING LLC t/a System413 and you. This Agreement takes effect when you order a product or service provided by us through this Site ("Hosting Service") or click the "I have read and agree to the Terms of Service" check box or when you use any of the Hosting Services or when you access and use our Site (the "Effective Date").
1.1 Your Representations. You represent to us that you at least 13 years of age. If you are 13 or older but under 18 years of age, you must have your parent or legal guardian’s permission to use our service. If you are entering into this Agreement for an entity, such as a company, you represent to us that you have legal authority to bind that entity. If you are not at least 13 years of age or older or if you are not fully able and competent to enter into the terms, conditions, and representations set forth in this Agreement, please exit the Site.
2. CHANGES TO THE TERMS OR THE SITE We may change or modify the Terms of this Agreement from time to time without notice other than posting a revised version on the Site or by notifying you via email. The amended terms will become effective upon posting or, if we notify you via email, as stated in the email message. Your continued use of the Hosting Services after the effective date of any changes to the Terms of this Agreement shall constitute your consent to the changes and your agreement to be bound by the modified terms. We reserve the right to change, modify or discontinue, temporarily or permanently, the Site, the Terms and the Hosting Services, at any time without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Hosting Services, the Terms, or the Site. It is your responsibility to check the Site regularly for modifications to this Agreement. We last modified this Agreement on the date listed at the end of this Agreement.
3. YOUR ACCOUNT FOR SERVICE & SUPPORT
3.1 Generally. You may use the Service in accordance with this Agreement. You agree to adhere to all rules and regulations related to your use of the Service, including the Acceptable Use Policy.
3.2 Setting Up Your Account. To access the Services, you must create an account with a valid email address and place an order for a Hosting Service. You are responsible for all activities that occur on your account, regardless of whether the activities are by you, your employees or a third party (including, but not limited to, a hacker that may be using your server) and we are not responsible for unauthorized access to your account. You agree to contact us immediately if an unauthorized party is using your account or server or if your account information is lost or stolen. As you place your order for Hosting Services and set up your account, the following requirements apply:
(a) One Account. We allow one account per customer name. Opening several alternate accounts may result in termination without refund.
(b) Matching Names. If the name on your credit card does not match the company name or the contact person's name associated with your account, we may reject payment. The name on the CC and your company name (or company contact) must match. This does not apply to PayPal-only payments.
3.3 Support. The support we generally provide to you and other users of the Services without charge is as follows:
(a) Support is by our Ticket System, Forums, Live Chat or Discord. Any communication through the aforementioned methods may be tracked and documented. Support through our Ticket System is generally available 24/7/365. This is an unmanaged service. As such, we do not manage your servers. Daily backups of your data are created automatically and we can restore them by your request, but we are not responsible for any permanent loss of data that may occur.
(b) Multiple Tickets. Opening multiple tickets for the same issue within a short period of time constitutes abuse of our support ticket system and may result in termination of services without refund or notice.
(c) Abusive Behavior. Swearing, threats, and other abusive language sent to support staff is not acceptable and may result in account termination without refund.
3.4 Third Party Content. Your use of any Third Party Content or software applications is at your sole risk.
4. SERVICE LEVEL AGREEMENT ("SLA") and HOSTING SERVICES
4.1 Hosting Services. We may change or discontinue any of the Hosting Services or change or remove features of the Hosting Services at any time without notice.
4.2. Service Level Agreement. Our current Service Level Agreement (SLA) is as follows:
(a) Minecraft Hosting. Our 24 hour on-site staff will respond to tickets regarding server resources, network troubleshooting, Minecraft server plugin misconfiguration or errors, other server errors, and service disruption issues. You are responsible for backing up your data before requesting any upgrade, downgrade or server jar change.
(b) Other Game Server and Discord Bot Hosting. Our 24 hour on-site staff will respond to tickets regarding server resources, network troubleshooting and service disruption issues. Clients are required to manage all software aspects of the server including all configuration. You are responsible for backing up your data before requesting any upgrade, downgrade or change to your base software.
(c) Cloud VPS Hosting. Our 24 hour on-site staff will respond to tickets regarding server resources, network troubleshooting, Linux/Windows misconfiguration or errors, other server errors, and service disruption issues. Clients are required to manage all software aspects of the server including operating system configuration beyond a base OS install. Any OS install erases your data. You are responsible for backing up your data before requesting any OS change.
(d) Virtual Servers in General. Due to the nature of the services we provide, there may be issues such as but not limited to, performance impacts, data corruption, data loss, and lag. These issues are not the result of our hardware or network, but may be caused by neighboring customers or overusing resources. We are not liable for these issues, although a reasonable effort will be made to resolve them.
(e) Server Availability. We strive for a 99.9% Uptime, and we anticipate that our Service will be available to you most of the time.
(f) Service Disruption. A Service disruption occurs when your server is completely offline for more than 15 minutes due to an unplanned fault in one of our datacenters.
(g) Hardware Disruptions. Disruptions caused by the hardware or software of the server itself are not covered by this SLA.
(h) Planned Disruption. Disruptions caused by planned or unplanned maintenance are not covered by this SLA.
(i) Security Disruptions. Disruptions caused as a result of actions taken to resolve abuse or security issues are not covered under this SLA.
(j) Unplanned Disruption. In the event that there is an unplanned Service disruption, you may open a support ticket and request an Account credit to be issued for a prorated amount of your monthly invoice amount equal to the time of the Service disruption. For example: If you pay $30 per month for your server and it is unavailable for 24 hours (during a 30 day month) due to an unplanned service outage, you may request an account credit for $1. You understand that this is your sole remedy for an unplanned service outage.
4.3 Changes to the Service Level Agreement. We may add, change or discontinue our Service Level Agreement from time to time in accordance with the Terms of this Agreement.
5. DATA PRIVACY
6. YOUR RESPONSIBILITIES
6.1 Content. You are solely responsible for the development, maintenance and use of Your Content. You must confirm and monitor compliance of your content with our Acceptable Use Policy, the law, the Digital Millennium Copyright Act, and any claims or notices sent to you claiming that your content infringes on any person's rights.
6.2 Setup and Security. You are solely responsible for configuring and using the Hosting Services. You are solely responsible for taking any and all steps to maintain security and protection of your content. You may use encryption technology to protect it. We archive your data on a daily basis. By contacting support, we can restore any files you need as specified. You agree that we are not responsible for any loss of your data in case we lose your backups.
6.3 Violations. Any action that you knowingly or unknowingly permit any person or entity (including, but not limited to, hackers) to take related to this Agreement or your content or use of the Service shall be deemed an act by you. You will ensure that all End Users comply with this Agreement. If you become aware of a violation of this Agreement by an End User, you agree to immediately terminate such End User's access to your content and the Hosting Services.
6.4 Acceptable Use Policy. You will follow our Acceptable Use Policy.
7. FEES, ORDERS, BILLING & PAYMENT
7.1. Service Fees.
(a) Monthly Services. All Services are prepaid at the time of order. You will pay us using one of the payment methods we support. All amounts payable will be made without setoff or counterclaim, and without any deduction or withholding. Fees for any new Service will be effective when we post updated fees on the Site unless we stated otherwise in a notice.
(b) Trial Services. All Trial Services are subject to the rest of these Terms. Only one Trial is allowed per user. After your trial period has expired, we can transfer your data to your new paid server by request.
(c) Bandwidth Limitations. Your service may be deployed with a maximum data transfer per month as outlined in either the Service description or the service order or your customer account. If you exceed the maximum data transfer per month usage, overages are charged at $0.06 per GB and will be deducted from your balance. You may be sent an invoice if your balance can't cover it. You will pay us using one of the payment methods we support. All amounts payable will be made without setoff or counterclaim, and without any deduction or withholding.
(d) Late Fee. We may charge you a $5 late fee on all late payments.
7.2 Taxes. All fees and charges payable by you are inclusive of applicable taxes and duties, including VAT and applicable sales tax. As such, you pay no tax.
7.3 Setup Fees. There are no set up fees related to our Hosting Services.
7.4 Ordering. The order process for Hosting Services is as follows:
(a) Correct Information. All orders must include a valid email address. Providing an invalid email address may result in immediate termination of all your accounts without refund. Clients are limited to one account. Opening multiple accounts may result in termination without refund.
(b) Priority. Orders are deployed in the order in which they are received.
(c) Payment. Payment is required at the time the order is placed. Failure to complete payment will result in the order being discarded by our system.
(d) Invoice. After your initial order and your service is active, your monthly invoice date is every 29 to 31 days thereafter. Your monthly invoice renewal date is automatically adjusted to the approximate day of the month that your server is put online. It is your responsibility to check the monthly renewal date on your invoice to confirm when it is due.
(e) Matching Names. If the name on your credit card does not match the company name or the contact person's name associated with your account, we may refuse payment. This process applies to existing customers who desire to change the credit card associated with their account or desire to switch from PayPal payments to credit card payments.
7.5 Billing. The billing process related to your Service is as follows:
(a) Invoices. Invoices are generated 10 days before the date they are due. At our sole discretion, email reminders may be sent at 7 days, 4 days and 1 day before the due date to your last known email address.
(b) Email Invoices. All invoices or amounts due are emailed and are available in your Account panel. Invoices are not sent via postal mail, PDF, fax or any other method other than email. We do not contact customers via phone to discuss billing issues. If you do not receive your invoice via email, you are responsible for checking your account panel to determine the invoice amount you owe.
(c) Declined Payment. If your payment is declined or you fail to submit payment on or before the invoice due date, your Service will be disconnected/suspended at 3:00 p.m. (UTC) on the day after it is due. If you fail to submit payment or cancel the service for three (3) days after your service is disconnected/suspended, your Invoice will be assessed a $5 late fee. If your payment source is declined, you must login and submit a new source of payment.
(d) Payment Failure. If you fail to make a payment, your service will be disconnected/suspended one (1) day after it is due. Failure to make payment within three (3) days of the time we disconnect/suspend your Service will result in a late fee of $5 assessed against your Invoice. If you fail to pay after ninety (90) days, your service will be immediately cancelled without notice. WHEN SERVICE IS CANCELLED, YOUR DATA (INCLUDING ALL BACKUPS) IS IMMEDIATELY ERASED AND UNRECOVERABLE.
(e) Termination Consequence. SERVICE TERMINATION IMMEDIATELY ERASES YOUR DATA AND BACKUPS, AND YOUR DATA IS NOT RECOVERABLE.
8. REFUNDS, CANCELLATIONS, CHARGEBACKS & OVERPAYMENT
8.1 No Refunds. Due to the nature of our industry and the costs involved with provisioning and maintaining your Service, we do not offer refunds or pro-rated refunds.
8.2 Cancellations. In order to cancel your services, you must issue a cancellation request within your Client Area. Additionally, you must manually cancel any active PayPal subscriptions that were created when ordering your service. We do not have access to deduct funds from your PayPal account, and will not be held responsible for automated payments made via a subscription.
8.3 Chargebacks. Any chargebacks or reversed transactions (justified or otherwise) made on your payments will result in your service being immediately disconnected/suspended (in order to protect our system from fraudulent activity and misuse), and it will remain suspended until the dispute is resolved. We do not offer any refunds (see section 8.1). Any exceptions to this will be at our sole discretion.
8.4 False Chargebacks. In the event of a false/fraudulent chargeback being made, a fee of forty dollars ($40 USD) will become immediately payable to us. Failure to pay may resolve in the debt being transferred to a DCA (Debt Collection Agency).
8.5 Overpayments. We understand that overpayments and ("accidental payments") sometimes occur and we are willing to work with you to resolve the issue. An overpayment or "accidental" payment is a payment that was made manually by the client that was not due. For example, if the client had completed their payment multiple times. When this occurs, credit with the value of the overpayment is added to the client's account. Refunds can be offered for overpayments under the following conditions:
(a) The refund request is made within a reasonable timeframe of the payment being sent. Payments via PayPal and other payment processors restrict the time frame a refund can be issued. For this reason, we ask that your request is made within 7 days to give us plenty of time to issue the refund. If the refund request is made beyond this point, we cannot guarantee we will be able to issue it.
(b) Our system automatically adds overpayments to your account credit - if any of this credit is used before a refund is issued, a refund cannot be issued.
(c) If there are multiple overpayments, only payments made within the past 30 days at the time the ticket is handled can be issued. This is why we ask that you open a ticket with the request as soon as possible.
(d) The credit is unused and remains in the client's account.
8.5 Overpayments Info. When requesting a refund for an overpayment, please ensure you let us know the PayPal email used to make the overpayment, or the equivalent information for the payment method used to locate the payment, as well as the date the payment was completed.
9. SERVICE SUSPENSION
9.1 We will suspend your right to access or use any portion or all of your Service and disconnect your server immediately if we determine:
(a) Security or Fraud Risk. Your use of the Hosting Services poses a security risk, or may adversely impact the Hosting Services or our systems or Content, or may subject us to liability, or may be fraudulent or you are in breach of this Agreement (including if you are delinquent on your payment obligations). If your payment is declined or you fail to submit payment on one (1) day after the invoice due date, your Service will be suspended/disconnected at 3:00 p.m. (UTC).
9.2 Suspension Impact. If we suspend your right to access or use any portion or all of the Hosting Services:
(a) Fees Incurred. You remain responsible for all fees incurred through the end of the billing cycle in which the suspension occurred. There is no refund related to prepaid services; and
(b) Fees Continuing. You remain responsible for any applicable fees for any Hosting Services you continue to have access to, and for fees related to in-process tasks; and
(c) Our Right to Suspend. Our right to suspend your access or use of the Hosting Services is in addition to our right to terminate this Agreement.
10. SERVICE TERM & TERMINATION
10.1. Term. The term of this Agreement will commence on the Effective Date and will remain in effect until terminated by you or us.
(a) General. You may terminate this Agreement for any reason by logging into your Client Area and cancelling all of your Hosting Services. We may terminate this Agreement at any time for any reason.
(b) Cause. Either party may terminate this Agreement for cause if there is a breach of this Agreement by the other party. We may terminate this Agreement immediately if any act or omission by you results in a suspension. If you fail to make a payment, your service will be disconnected/suspended one (1) day after it is due. Failure to make payment within three (3) days of the time we disconnect/suspend your Service will result in a late fee of $5 assessed against your Invoice. If you fail to pay after ninety (90) days, your service will be immediately cancelled without notice. WHEN SERVICE IS CANCELLED, YOUR DATA (INCLUDING ALL BACKUPS) IS IMMEDIATELY ERASED AND UNRECOVERABLE.
(c) Cause. We may also terminate if our relationship with a provider of software or technology we use to provide the Hosting Services expires or changes; or if we believe providing the Services could create a financial or technical burden or a security risk for us; or in order to comply with the law or requests of governmental entities; or if we determine any Hosting Service has become impractical for any reason.
10.3. Termination Impact.
(a) Rights Terminate. Upon termination of this Agreement all your rights immediately terminate and you remain responsible for all fees incurred through the end of the billing cycle in which the termination occurred, including fees for in-process tasks and prepaid services. SERVICE TERMINATION IMMEDIATELY ERASES YOUR DATA AND YOUR DATA IS NOT RECOVERABLE. We recommend that you occasionally back up your data yourself.
(b) Post-Termination Assistance. Any post-termination assistance from us is in our sole discretion.
11. LICENSE RIGHTS AND RESTRICTIONS AND YOUR WARRANTIES
11.1 Adequate Rights. You represent and warrant to us that you have all rights necessary to enter into this Agreement; and none of Your Content or use of it or our Service will violate the Acceptable Use Policy.
11.2 Hosting Services License. As between you and us, we own and reserve all right, title, and interest in and to the Hosting Services. We grant you a limited, revocable, non-exclusive, non-transferrable license to do the following during the Term: (i) access and use the Services solely in accordance with this Agreement.
11.3 License Restrictions. You may not use Hosting Services for any purpose other than as permitted by this Agreement. You may not attempt to modify or tamper with software included in the Hosting Services or use the Hosting Services in a way intended to avoid fees or increase usage limits. All licenses immediately terminate if you do not comply with this Agreement.
12.1. General. You will defend, indemnify, protect and hold harmless us and our staff from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees regardless of whether any action is ever commenced) arising out of or relating to any third party claim, suit, action or proceeding brought against us concerning: (a) your use of the Hosting Services (including any activities under your account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law, rule or regulation by you; (c) your content or processes, including any claim involving alleged infringement or misappropriation of third-party rights by the use or marketing of Your Content; (d) a dispute between you and any End User; (e) any negligent or willful act or omission by you; (f) any damages arising out of the Hosting Services or failure of Hosting Services; or (g) the destruction or loss or damage of your data. If we are obligated to respond to a third party subpoena, order or process described above, you agree to reimburse us for reasonable attorneys' fees, as well as all employees' and contractors' time and expense spent responding to the subpoena, order or process at our then-current hourly rates. These obligations survive termination of your relationship with System413 or your use of our Service or Site. System413 reserves the right to assume the defense and control of any matter subject to indemnification by you, in which event you will cooperate with System413 in asserting any available defenses.
12.2. Process. We will notify you of any claim subject to Section 12.1, but our failure to immediately notify you will only affect your obligations under Section 12.1 to the extent that our failure prejudices your ability to defend the claim. You may use counsel of your own choosing (subject to our written consent) to defend against a claim or to settle a claim, provided that you obtain our prior written consent. You agree that we may assume control of the defense and settlement process at any time.
13. LIMITATIONS OF LIABILITY
IN NO EVENT SHALL SYSTEM413, ITS EMPLOYEES, MANAGERS, OFFICERS, OWNERS, REPRESENTATIVES, PROGRAMMERS, SERVICE PROVIDERS, SUPPLIERS, LICENSORS, AND PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF GOODWILL, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (i) THE USE OR INABILITY TO USE OUR SERVICE OR SITE OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, THE INABILITY TO USE AS A RESULT OF ANY TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE HOSTING SERVICES, OUR DISCONTINUATION OF ANY OR ALL OF THE HOSTING SERVICES, OR, ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, AIR CONDITIONING OUTAGES, SYSTEM FAILURES, HUMAN ERROR, OR OTHER INTERRUPTIONS, OR (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AVAILABLE THROUGH THE SITE OR THE SITE, THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, OR PRODUCTS, (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SITE; (iv) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE HOSTING SERVICES (v) UNAUTHORIZED ACCESS TO OR ALTERATION OF OR LOSS OF YOUR TRANSMISSIONS OR DATA; (vi) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SITE; (vii) THE DELAY OR FAILURE IN PERFORMANCE RESULTING FROM AN ACT OF FORCE MAJEURE, INCLUDING WITHOUT LIMITATION, ACTS OF GOD, NATURAL DISASTERS, COMMUNICATIONS FAILURE, GOVERNMENTAL ACTIONS, WARS, STRIKES, LABOR DISPUTES, RIOTS, SHORTAGES OF LABOR OR MATERIALS, VANDALISM, TERRORISM, NON-PERFORMANCE OF THIRD PARTIES OR ANY REASONS BEYOND THEIR REASONABLE CONTROL; (viii) ANY ERROR, OMISSION, DEFECT, VIRUS OR THEFT THAT CAUSES DAMAGE OR LOSS OF YOUR CONTENT OR DATA OR (ix) ANY OTHER MATTER RELATING TO OUR SERVICE OR SITE, EVEN IF SYSTEM413 OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR SITE IS TO STOP USING THE SITE AND/OR OUR SERVICES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY, IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF SYSTEM413 UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100 USD). IF YOU DO NOT AGREE, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE OR SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
You authorize us to file a copy of this Section 13 in any proceeding as conclusive evidence that you consented to limitations of liability.
OUR HOSTING SERVICES ARE PROVIDED "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING THE HOSTING SERVICES OR THIRD PARTY CONTENT, INCLUDING ANY WARRANTY THAT THE HOSTING SERVICES OR THIRD PARTY CONTENT WILL BE UNINTERRUPTED, ERROR FREE OR FREE OF HARMFUL COMPONENTS, OR THAT ANY CONTENT, INCLUDING YOUR CONTENT, WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT & TITLE, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE.
You authorize us to file a copy of this Section 14 in any proceeding as conclusive evidence that you consented to limitations of warranties.
15.1 Waiver of Trial by Jury. We and you agree, to the fullest extent that we may lawfully do so, to waive trial by jury in any action or proceeding brought by any party to this Agreement with respect to this Agreement, or any matter related to this Agreement. This waiver of right to trial by jury is given knowingly and voluntarily by you, and is intended to encompass individually each instance and each issue as to which the right to a trial by jury would otherwise accrue. We or you, as applicable, are hereby authorized to file a copy of this Section 15.1 in any proceeding as conclusive evidence of this waiver by you and us, as applicable.
(a) To You. We may provide any notice to you by: (i) posting a notice on the Site; (ii) posting a notice on your invoice or (iii) sending a message to the email address then associated with your account. Notices we provide by posting on the Site will be effective upon posting and notices we provide by email or invoice will be effective when we send the email or invoice. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.
(b) To Us. To give us notice under this Agreement, you must contact System413 by email to: firstname.lastname@example.org
(c) Language. All communications and notices must be in the English language.
16. DMCA (Copyright Infringement Notice) The Digital Millennium Copyright Act ("DMCA") provides safe harbors from copyright infringement liability for online service providers. We maintain safe harbor status as we have a designated agent to receive notifications of claimed copyright infringement. Send any copyright infringement takedown notice to: email@example.com
Effective Date: 14-March-2020
Acceptable Use Policy
1. UNLIMITED STORAGE ON GAME SERVERS
1.1 In the best interest of our customers, System413 does not put a hard limit on the amount of storage space a server may use.
1.2 Your new Minecraft or Game Server will be set up with an "Initial Storage" limit as outlined in either the Service description or the service order or your customer account. These are soft limits, and will be increased for no additional charge upon request.
1.3 To be eligible for additional storage allocation, your usage must be nearing or exceeding your current soft limit, while being in compliance with the rest of these terms. We reserve the right to require that any outstanding issues, such as plugin errors, be resolved before additional storage is allocated.
1.4 For Minecraft servers, unlimited storage only applies to the game server world data. Additional data, such as backups, logs, or files generated by third party plugins, may not be eligible for storage limit increases. MySQL server storage is also counted toward your total storage usage, and you are responsible for monitoring this usage. You can login to the PhpMyAdmin Panel to manage your MySQL data here: https://pma.413.io
2. UNTHROTTLED CPU ON GAME SERVERS
1.1 For Minecraft or Game Servers, CPU usage is completely unrestricted. As the Minecraft software by itself is limited to utilization of a single CPU core, you may not notice a very large performance gain as compared to other hosts.
1.2 We may temporarily begin throttling CPU on any customer that is utilizing too much processing power from third-party software, such as malicious server plugins.
3. MISUSE OF GAME SERVERS
(a) Game Servers may only be used for the services they were intended, and you may not install or use unauthorized third-party programs. We do not provide technical assistance for, and will not be held responsible for, any third party software uploaded to our services.
(b) Unauthorized usage, such as attempting to access or interfere with other client's data in Pterodactyl or Docker will result in suspension of your services.
(c) You may not purposely bypass any limits or restrictions that your service is provisioned with, such as RAM or storage limits. Attempting to modify or bypass any usage restrictions will result in suspension of your services.
4. UNACCEPTABLE USE ON CLOUD VPS, WEB HOSTING OR OPENVPN SERVICE
(a) Illegal Activities. Any illegal activities, including advertising or making available gambling sites or disseminating or promoting child pornography, are prohibited. You may not use Hosting Services in the commission of any crime that violates the laws of any local, state, and federal government of the United States of America.
(b) Harmful or Fraudulent Activities. Activities that may be harmful to others or our operations or reputation, including promoting or disseminating fraudulent goods or services or schemes, including ponzi or pyramid schemes, phishing, or pharming, or engaging in deceptive practices.
(c) Infringing Content. You may not upload any material that violates or infringes on the copyright, intellectual property rights or trademark rights of any individual or organization.
(d) Pornography Websites. Public websites directly linking to or containing nude art, pornography, sex-related merchandising and links to such sites elsewhere are prohibited from being hosted.
(e) Offensive Content. Content that is defamatory, grossly offensive, obscene, abusive, invasive of privacy, or is otherwise objectionable, including content that exploits children or constitutes child pornography, relates to bestiality, constitutes harassment, or depicts non-consensual sex acts. This includes material that defames, abuses, or threatens any person or group.
(f) Harmful Content. Content, software or computer technology that may damage, interfere with, intercept, or expropriate any system, program, or data, including viruses, trojan horses, worms, time bombs, or cancelbots are strictly prohibited. Piracy, hacking (with the exception of cheating or "hacked game clients"), cracking, phreaking, pyrotechnics, exploitive software and texts or communications that educate or encourage this activity and/or use are also prohibited.
(g) Security Violations. You may not use our Hosting Services to violate the security or integrity of any network, computer, communications system, software application, network or computing device (each, a "System"). Prohibited activities include: (i) Accessing any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System; (ii) Monitoring data or traffic on a System without permission; (iii) Forging TCP-IP packet headers, email headers, or any part of a message describing its origin. This prohibition includes the use of aliases or anonymous remailers.
(h) Network Abuse. Prohibited activities include: (i) Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled; (ii) Denial of Service (DoS) - Inundating a target with communication requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective; (iii) Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques; (iv) Operating network services like open proxies, open mail relays, or open recursive domain name servers; (v) Using manual or electronic means to avoid any use limitations placed on a system, such as access and storage restrictions; (vi) Attack traffic that disrupts any portion of our network (incoming or outgoing) will be blocked until the customer is able to work with security personnel to resolve the issue; (vii) IRC websites and IRC servers are prohibited; (viii) You may not upload ROMs and Emulators; (ix) You must contact us prior to installing a CDN within our infrastructure. "Shared Resource" CDN's are strictly prohibited.
(i) Email or Other Message Abuse. You will not distribute, publish, send, or facilitate the sending of unsolicited mass/bulk email (UCE) or other messages, promotions, advertising, or solicitations (like "spam"), including commercial advertising and informational announcements. You will not alter or obscure mail headers or assume a sender's identity without the sender's explicit permission. You will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider. You will not reference Us in any unsolicited email that you send.
(a) We reserve the right, but do not assume the obligation, to investigate any violation of the Acceptable Use Policy or misuse of the Hosting Services or Site. We may investigate violations or misuse of the Hosting Services or Site; or suspend Service without warning; or remove, disable access to, or modify any content or resource; or restrict any account to PayPal-only payments; or examine the contents of any account at any time that violates the Acceptable Use Policy or any other agreement we have with you for use of the Services or the Site.
(b) Your Responsibility Related to Abuse Complaints. You understand that you are solely responsible for maintaining and regularly checking your email address (associated with your account) as well as your online account where we may send you abuse complaints related to your account. You are responsible for immediately responding to communications received from us related to Abuse Complaints. If you fail to reply to any abuse complaint, your service will be suspended.
If you become aware of any violation of the Acceptable Use Policy, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation. To report any violation of this Policy, please use our ticketing system, or email us at: firstname.lastname@example.org
Effective Date: 25-December-2019
1. PERSONAL DATA
1.1 Personal Data is data associated with a specific End User used to identify that End User. Data that is anonymous or aggregated and does not identify a specific End User is not considered Personal Data.
2. Personal Data COLLECTION
2.1 System413 may collect and retain Personal Data from you and devices you use when you: (i) register on our Site; (ii) provide us data on a web form or in your account; (iii) open a Support Ticket; (iv) communicate with support staff; (v) use our Service; (vi) communicate via Live Chat or Forums; or (vii) communicate generally with us.
2.2 Personal Data we collect includes, but is not limited to, the following:
2.2.1 Information You Give Us. We collect information you enter on our Site and use that information for such purposes as communicating with you and improving our Site. You may choose not to provide information, but your choice could limit the Site or product features available to you.
The information we collect might include: (i) information you provide during registration such as name, address, phone number, email address, etc.; (ii) information you provide on a web form, account update, Tawk.to Live Chat, forum, support ticket request, dispute resolution, or other Service correspondence; and (iii) information provided related to a purchase transaction such as a bill, postal, and other information related to the purchase (including tracking or Tax ID numbers).
2.2.3 Information from Other Sources. We may receive information from the third-party sources Enjin PTE LTD and www.skaia.website, and add it to your account information.
3. Third Party use of Personal Data
3.1. We do not sell or give away your Personal Data to any third party. We do not allow third parties to track or collect your Personal Data on our Site for advertising purposes.
4. Your Access to Personal Data
4.1 We need your Personal Data to be accurate and up to date. As such, you have the ability to access and correct your account or profile information at any time unless you have been suspended or your account has been terminated. Access gives you the ability to review and change your personal profile information and email notification settings.
5.1 We do not sell Personal Data to third parties for their advertising and marketing purposes. We may disclose Personal Data to: (i) our subsidiaries and affiliates for reasons noted in Agreement; (ii) provide access to our Services; (iii) enforce the User Agreement; (iv) detect and prevent security breaches or fraudulent or illegal activities related to your account, your payment processing or our Services; (v) enhance our marketing abilities; and (vi) third party payment processing services that process your bill payments.
Effective Date: 19-October-2020