Our Services

Partner Services

Terms of Service Revised: June, 24th 2006, 2:16 AM EST

From here on in GameWarrior shall be refered to as ("The Company") and you as the reader of this document shall be refered to as ("The Client"). This document may be changed from time to time at the discretion of The Company without prior notice to The Client. The Company will update the revise date posted at the top of this document during the last update. The Client understands and agrees that The Client will be held to this document regardless of the revision date posted above.

Client Code of Conduct

The Client understands that any contact made with The Company, supports of The Company, volunteers of The Company, and employees of The Company must be done so in a professional manner and with common decency. Furthermore, The Client understands that The Client will be held responsible for any and all files, content, music, graphics, video, and information hosted on The Client's server whether they are public or private. Should any content or behaviour be found or reported to be infringing upon, but not limited to, the following terms, it will be The Company's sole discrection as to how the situation will be dealt with.

You agree NOT to:

• Act in any manner, beyond the normal use, that may negatively affect the equipment of The Company or the quality and image of The Company in the internet community.


• Store any illegal, explicit, or any inappropriate files or files not directly related to the hosting service provided to you by The Company.


• Harass any, but not limited to, current and future clients of The Company, supports of The Company, volunteers of The Company, and employees of The Company in any form.


• Impersonate any per of entity, including but not limited to, staff members of The Company, clients of The Company, or falsely state or otherwise misrepresent your affiliation with a person or entity.


• Intentionally or unintentionally violate any applicable local, state, national, or international laws.

Disclosure to Law Enforcement

This document specifically prohibits the use of our services for illegal activities. Therefore, The Client agrees that The Company 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 The Company shall have the right to terminate all services set forth in this agreement.

Notice of Subscription Services

The Client understands and agrees that upon signing up with The Company, The Client is establishing a subscription which will renew until which time that The Client wishes to terminate The Clients services with The Company.

Notice of PayPal Subscriptions

The Client acknowledges and agrees that in the event The Client wishes to cancel service and has an active PayPal subscription that The Client will cancel this active PayPal subscription. The Client further acknowledges that in the event The Client fails to cancel a subscription with The Company service will continue until which time The Client chooses to cancel the active PayPal subscription. The Client agrees that failing to cancel the active PayPal subscription will not result in a refund to The Clients PayPal account.

Refund and Disputes

All payments made to The Company are non refundable, all sales are final. The Client further agrees that if a dispute is to arise they must report it to The Company within 5 days of the date the of the transaction. The Company agrees to investigate any dispute and provide the necessary correction to the dispute. The Client agrees that if The Client files a false claim with The Clients bank or PayPal account that service will be immediately interrupted.

Registration Information

The Client agrees to provide The Company with authentic information during any registration process. This information includees, but is not limited to, The Clients name, address, e-mail, age, and other requested details. In the event that any of the provided information changes, you agree to notify The Company of such changes in a timely manner.

Account Information

Any information pertaining to your account for any of the provded services is not to be made public knowledge. This includes, but is not limited to, account usernames, passwords, links, or any other private information provided by The Company.

Changes to Website or Services

The Company retains the right to change or alter any information or services, including but not limited to, the Terms of Service stated herein.

Game Server Rentals

The Company's GameServers are provided with the limitation of specific server settings that are not to be changed without explicit consent from The Company. Any reports found to be true will be the sole discretion of The Company as to how the situation will be dealt with. The Client agrees to fix any infringing altered settings immediately or notifying The Company to have the change(s) reverted.

You agree NOT to:

• Increase the Maximum number of players beyond what you ordered.


• At any time unprotect a private server or make the password public knowledge including, but not limited to, providing the password in the server name or website


• Modify the server tick rate without the explicit consent of The Company. Exceptions will be made for important matches, provided that the tick rate is reverted to its original value immediately after the match.


• Change game server names to contain any racial, sexual or offensive language.


• Remove the "// GameWarrior.net" branding at any time without:


• Explicit consent from The Company
• Having paid to have the branding removed
• Currently owning an Xtreme Server


• Install any, but not limited to, extensive CPU usage Mods, Bots, PingBoosters or PsychoStats at any time without:


• Explicit consent from The Company
• Having paid to for the installation
• Currently owning an Xtreme Server


• Install and use any maps that have an extensive CPU usage for a prolonged period of time; a different rate will be charged in such situations or The Company may remove those maps without notification.

Payments and Fees

The Client acknowledges that the nature of the services furnished and the initial rates and charges have been communicated to The Client. The Client is aware that The Company may prospectively change the spcified rates and charges from time to time. The promotional offers posted by The Company are contingent on The Company achieving and maintaining its cost of service goals including but not limited to rates charged to The Company by its suppliers. Establishment of this service is dependent upon receipt by The Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. Service interrupted for non-payment may be subject to a $10 re-instate charge. Accounts not paid by due date are subject to a $5 late fee per every fifteen days overdue. Accounts that are not collectible by The Company may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay The Company a "Processing and Collection" fee of not less then $150. If you decide to cancel your account, please follow the proper procedure to do this as outlined in this document.

Account Cancellations

All requests for cancellation must be made in writing and sent to The Company with at least 15 days notice. Requests to cancel can be sent to billing@gamewarrior.net with the subject line reading "Cancellation Request" all cancellations must be made from the original e-mail on file, cancellations coming from other emails which are not on file will be rejected and the individual emailing us will be notified of this procedure. The Client acknowledges and agrees that if The Client does not receive any form of confirmation that The Company did receive the cancellation request The Client will contact The Company back promptly to ensure cancellation has been received. The Client will receive an automatic reply from The Company's ticket system with a ticekt id when e-mailing the cancellation department. This ticket id is sufficient evidence that you did indeed request to cancel service. The Client agrees to keep this ticket id handy in the event The Client wishes to dispute a charge. The Client agrees that The Company will NOT take phone cancellations and all cancellations must be done via the cancellations e-mail provided above, clients who state they cancelled via phone will not be entitled to any reimbursement and will be held liable for services rendered.

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 The Company and that damages resulting from any interruption of service area difficult to ascertain. Therefore, The Client agrees that The Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. The Client further acknowledges that The Company's 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 The Company be liable for any special or consequential damages, loss or injury.

Support Boundaries

The Company makes a guarentee that support requests will be answered within 24 hours or less. The Company provides support related to your server or virtual site's physical functionality. The Company does provide technical support for application specific issues. All support inquiries shall be done via the Support Ticket system located at http://support.gamewarrior.net or by sending an e-mail to support@gamewarrior.net which will auto create a support ticket at the forementioned address.

SPAM and Unsolicited Commercial Email (UCE)

The Company takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that clients of The Company may not use or permit others to use our network to transact in UCE. Clients of The Company may not host, or permit the 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.

• Violation of The Company's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy The Company will initiate an immediate investigation (within 72 hours of notification). During the investigation, The Company may restrict The Clients access to the network to prevent further violations. If The Client is found to be in violation of our SPAM policy, The Company may, at its sole discretion, restrict, suspend or terminate The Clients account. Furthermore, The Company reserves the right to persue civil remedies for any costs associated with the investigation of a substantiated policy violation. The Company will notify law enforcement officials if the violation is believed to be a criminal offense.


• First violations of this policy will result in an "Administrative Fee" of $20.00 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 DarkStar Communications personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

Backup and Restoration Procedures

The Company makes weekly backups of company data. However The Client agrees to keep backups of The Client's own website, email, and mysql files. The Client agrees to NOT hold The Company accountable for any data loss due to but not limited to: A hard drive failure, data corruption, system failures, system upgrades, or system additions. The Company does not and will not keep backups of The Clients personal files or folders. In the event of a system failure The Company will attempt to recover The Clients files but may not always succeed.

System and Network Security

The Client is prohibited from violating or attempting to violate the security of The Company's network. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences, and cooperate with law enforcement authorities in prosecuting The Client if The Client is found to be involved in such violations. These Violations include, without limitation:

• Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.


• Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.


• Attempting to interfere with services to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".


• Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.


• Taking any action in order to obtain services which such User is not entitled.

Notification of Violation

The Company is under no duty to monitor each client's activites to determine if a violation of this document has occurred, nor do we assume any responsability through our TOS to monitor or police internet-related acitivies.

First Violation

Any user, which The Company determines to have violated any element of this document, shall receive an email, warning them of the violation. The service may be subject at The Company's discretion to a temporary suspension pending a User Agreement in writing, to refrain from any further violations.

Second Violation

Users that The Company 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 complaints 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.

Right to Refuse Service

The Company 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, The Company may issue a refund for funds already paid.

Arbitration

Any controversy, claim or dispute arising out of or relating to this Agreement, shall be settled solely and exclusively by binding arbitration in Kansas City, Missouri. 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 The Company; (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.

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 waiver by The Company 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.


• The Client shall not transfer or assign this Agreement without the prior written consent of The Company. The Company may assign Agreement at anytime without the consent from or notice to the Client. The Company reserves the right to cancel client's rights under this contract at anytime without further obligation


• The Company takes no responsibility for any material input by others and not posted to the The Company's Network by The Company. The Company is not responsible for the content of any other websites linked to the The Company's network; links are provided as Internet navigation tools only. The Company 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.


• The Company is not responsible for any damages your business may suffer. The Company does not make implied or written warranties for any of our services. The Company 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 The Company.