Last Modified 2:15 PM MST 1/03/2013

"We", "us", "our" and grammatical variants refers to EdgeGameServers. "You", "customer", "client" and grammatical variants refers to the person or persons or party responsible for payment and/or managing the services purchased or received.

By purchasing, receiving or utilizing services provided by EdgeGameServers, you accept and agree to be bound by these terms and conditions. Failure to accept these terms and conditions will result in immediate termination of service without refund. Failure to follow these terms and conditions could result in termination of service without refund.

Updates to the Terms of Service

EdgeGameServers reserves the right to modify these Terms of Service at any time. You will not be notified of modifications. You are encouraged to check for updates or modifictions on a regular basis.

Web Site Agreement

The EdgeGameServers Web Site (the "Site") is an online service provided by EdgeGameServers, subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. EDGEGAMESERVERS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are EdgeGameServers, its affiliates or other third party licensors. Other product and company names mentioned in the Site may be the trademarks of their respective owners. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

2. Use of the Site.

You understand that, except for information, products or services clearly identified as being supplied by EdgeGameServers, EdgeGameServers does not operate, control or endorse any information, products or services on the Internet in any way. Except for EdgeGameServers -identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with EdgeGameServers. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. EDGEGAMESERVERS PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND EDGEGAMESERVERS SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. EDGEGAMESERVERS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. LIMITATION OF LIABILITY IN NO EVENT WILL EDGEGAMESERVERS BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF EDGEGAMESERVERS OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, EDGEGAMESERVERS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. EdgeGameServers makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non- EdgeGameServers web site (a web site Uniform Resource Locator other than www.edgegameservers.com), please understand that it is independent from EdgeGameServers, and that EdgeGameServers has no expressed control over the content on that web site. In addition, a link to a EdgeGameServers web site does not mean that EdgeGameServers endorses or accepts any responsibility for the content, or the use, of such web site.

3. Indemnification.

You agree to indemnify, defend and hold harmless EdgeGameServers, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, or un-lawful content that is in your Transmissions or publications of any information, data or materials that is in violation of any U.S. Federal or state regulation or law, including reasonable attorneys' fees used to research or defend EdgeGameServers, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

4. Third Party Rights.

The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of EdgeGameServers and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

5.Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights), 6 (Miscellaneous) and the Service Agreement shall survive any termination of this Agreement.

6.Miscellaneous.

This Agreement shall all be governed and construed in accordance with the laws of The United States of America applicable to agreements made and to be performed in The United States of America. You agree that any legal action or proceeding between EdgeGameServers and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in The United States of America . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. EdgeGameServers failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. EdgeGameServers may assign its rights and duties under this Agreement to any party at any time without notice to you. Any rights not expressly granted herein are reserved.

Service Agreement

Refunds

EdgeGameServers does not provide refunds, but can choose to an exception basis entirely at the discretion of EdgeGameServers. It is not the responsibility of EdgeGameServers to cancel your PayPal subscription(s) when your service(s) are canceled. If you do not cancel your PayPal subscription(s) upon canceling your service(s), any payment received will not be refunded.

Billing

All information provided by you when registering must be correct. You cancel services that you have with us from https://edgegameservers.com/clients. It is not the responsibility of EdgeGameServers to cancel your PayPal subscription(s) when your service(s) are canceled. If you do not cancel your PayPal subscription(s) upon canceling your service(s), any payment received will not be refunded.

FTP and Data Storage Usage

We reserve the right to limit or revoke FTP access at any time, with or without reason. FTP access is only to be used to send and receive data directly relating to your game server(s). We reserve the right to remove data that does not meet this criteria. We will notify you if such events occur. If the same data or similar data is re-uploaded, we reserve the right to suspend or terminate your service.

Server Resource Usage

It is solely at EdgeGameServers discretion to determine what amount of resource usage is not acceptable. Resource usage includes, but is not limited to; processor (CPU) usage, memory (RAM) usage, network (Bandwidth) usage, hard disk space usage. If your game server is found to be using a non acceptable level of resources, we will work with you to resolve the issue(s). EdgeGameServers reserves the right to suspend or terminate your service if the problem can not be resolved.

Downtime

EdgeGameServers reserves the right to have our physical servers down for scheduled maintenance 6 hours a month. EdgeGameServers reserves the right to have our physical servers down for unscheduled maintenance 48 hours a month. In the event of significant data loss or hardware failure, EdgeGameServers reserves the right to have our physical servers down for up to 96 hours in the period of a month. Significant data loss refers to loss of data that would render our server(s) and/or services unable to properly function in the way that they should. EdgeGameServers is not responsible for your individual game server(s) downtime, but will work with you through the game server control panel on our web site to resolve the problem. We reserve the right to discontinue support for that particular problem if we are unable to resolve it.

Use of Service

Use of service(s) provided by EdgeGameServers to transmit or generate content deemed illicit in the United States of America could result in your services being terminated without refund.

Support

EdgeGameServers does not provide support for any type of computer or programming code. EdgeGameServers cannot be held responsible for any damage, temporary or permanent, caused to your server(s) due to the additions of 3rd party software. EdgeGameServers reserves the right to discontinue support service to any persons that cannot maintain civilized communication with support staff, which includes but is not limited to: Foul language, rudeness, threats or demands.

Data Loss

EdgeGameServers does not maintain backups of your data and cannot be held responsible for any data loss that may occur. We recommend that you maintain your own local backups of files hosted on our servers.

Web Hosting

Examples of unacceptable material on web hosting plans:



•Topsites

•IRC Scripts/Bots

•Proxy Scripts/Anonymizers

•Pirated Software/Warez

•Image Hosting Scripts (similar to Photobucket or Tinypic)

•AutoSurf/PTC/PTS/PPC sites

•IP Scanners

•Bruteforce Programs/Scripts/Applications

•Mail Bombers/Spam Scripts

•Banner-Ad services (commercial banner ad rotation)

•File Dump/Mirror Scripts (similar to rapidshare)

•Commercial Audio Streaming (more than one or two streams)

•Escrow/Bank Debentures

•High-Yield Interest Programs (HYIP) or Related Sites

•Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)

•Sale of any controlled substance without prior proof of appropriate permit(s)

•Prime Banks Programs

•Lottery/Gambling Sites

•MUDs/RPGs/PBBGs

•Hacker focused sites/archives/programs

•Sites promoting illegal activities

•Forums and/or websites that distribute or link to warez/pirated/illegal content

•Bank Debentures/Bank Debenture Trading Programs

•Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)

•Push button mail scripts

•Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

•Tell A Friend Scripts

•Anonymous or Bulk SMS Gateways

•Bitcoin Miners

VPS Hosting

VPS accounts may not:



a) exceed a 15 minute load average greater than two (2) times the amount of CPU cores given.

b) run public IRCd's or malicious bots.

c) run any type of BitTorrent client or tracker that links to or downloads illegal content.

d) use an Open/Public proxy, or utilize a proxy to access illegal/malicious content.

e) use I/O intensive applications which adversely affect normal server operations.

Dedicated Servers

Examples of unacceptable material on all Dedicated servers include:

•Pirated software

•Wares sites

•Irc Bots

•Hate Sites

•Hack Programs and archives

•Email Spammers

•Adult Content

•Third party mass mailers (if you mass mail for other companies even if you have double opt-in or is can-spam act compliant)



For the full Dedicated Server Terms of Service please refer to http://edgegameservers.com/dedicatedtos.php