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Terms
of Service |
Only Valid for
Non-German Residence 01.11.2005 |
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General
The following Terms and Conditions govern your rights and
obligations with Merciless GameServers, and those of Merciless
GameServers in relation to the Services offered by Merciless
GameServers. By registering with Merciless GameServers, and/or using
the Web Site you agree to these Terms and Conditions.
Definitions:
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"User" refers to any person(s)
using the Web Site or registering with Merciless GameServers.
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"Services" means the services,
such as clan servers, offered by Merciless GameServers, via the
Web Site or other means.
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"Web Site" refers to the web
site hosted at www.merciless-servers.com or any other part of
the site relating to Merciless GameServers.
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"Merciless GameServers Admin"
means any person designated with the responsibility of running
and/or maintaining Merciless GameServers and any of its
Services.
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"Server" means single game
process.
Registration
Sign-up
Each User agrees to register using his/her correct name, address and
other required details. Change of these details must be reported to
Merciless GameServers immediately.
Registration/Sign-up with Merciless GameServers is free of charge.
User names, password, unique ID's
Users must choose a username on registration with Merciless
GameServers. This is required to use the Services of Merciless
GameServers. This username is unique to the User.
It is the User's responsibility not to disclose and username,
password or other security information supplied by Merciless
GameServers or chosen by the User.
Each User will receive a unique identification number upon
registration with Merciless GameServers, via email. This identifies
the User in the databases on the Web Site.
The minimum rental period is 1 calendar months and the rental fee is
non-refundable. You will be billed when you order your server but
your rental period will not start until the day we give you access
to your server, which will occur in a period of at least zero and at
most fourteen days from the point payment clears or is received by
Merciless GameServers.
Users will be notified one weeks before the end of their rental in
which to re-new their contract before their services are
reallocated. This will give the option of continuing your service
with no disruption.
Email
Merciless GameServers reserves the right to email the User regarding
any key aspects of service, and will presume that the emails will
have been read. It is the User's responsibility to ensure their
registered email is valid. The User accepts that Merciless
GameServers is not at fault if the User does not read any emails
sent by Merciless GameServers to their registered email address, and
therefore the User is unaware of any change of service or the like.
Web Site Changes and Service
Changes to the Merciless GameServers Website and Services
It is accepted by the User that Merciless GameServers may alter any
aspect of the Web Site, and the Services provided without due
notification to the User. The User will have no claim of breach of
contract or otherwise in relation to any such alteration. Merciless
GameServers reserve the right to monitor their Services for abuse,
and the User agrees to comply with any such monitoring.
Privacy
Merciless GameServers will not sell or pass on any private or
personal information and details given by the User to any third
party organisation, unless with the permission or request of the
User.
Merciless GameServers reserves the right to use the information
supplied by the User to develop general statistics. This will be a
general survey, and not detail any specific User.
Merciless GameServers reserves the right to publish any statistics
connected to their Services. The information published may be
derived from server logs or any other means necessary. However, this
will not contain any private information from our databases.
Use of Services
The User acknowledges that some remote console commands are
restricted, particularly any commands allowing you to change any
aspect of a server to a service other than that which has been paid
for, such as the player limit. Any exploitation of these commands
may result in a formal warning and/or suspension from any of the
Merciless GameServers Services, but not limited to either.
If the User has any queries regarding the restricted commands they
should contact a Merciless GameServers Admin.
User Conduct
The User agrees and accepts that in using any of the Services, Web
Site or any other aspect of service relating to Merciless
GameServers, it shall:
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Use the Web Site only for
purposes abiding to the law, and in a way that does not
restrict, infringe or inhibit the rights or use of the Web Site
by any other User or third party.
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Not act in a manner that is
unlawful, or harass, upset, distress, or cause any inconvenience
to any other person.
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Not act is a manner that
degrades, satirises, or negatively impacts Merciless GameServers
in the Internet community.
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Not upload, transmit, display
distribute or post links to, or in part or full, any information
or material of which they do not own copyright or have
permission for, any material which is illegal or harmful,
abusive, racist or ethnically objectionable, pornographic or
obscene, disturbing, threatening, upsetting, distressing or any
of the like.
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Not upload, divulge, distribute,
post or transmit any information, which can cause or contains a
computer virus, or any other form of code or file that will
affect the use of the Web Site or any other User in any way.
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Not send, or assist in the
sending, of any unsolicited emails, documents or the like, or
any form of action that will affect the Web Site, Users or
Services of Merciless GameServers.
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The gaming server is for the
sole purpose of hosting a game process. It may not be used to
host files, downloads or similar, this includes the uploading of
any files, images or software not directly associated with the
running of the game process.
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Clan mod OR Admin mod OR AMX mod
can be installed with upto 4 plugins (at the moment we allow
Half Life Guard, Statsme, WWCL, C-D Cheating Death) unless they
cause a detrimental effect to server performance, this will
result in the removal of the plugin.
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Servers must conform to the
Merciless-Servers.com naming convention unless the debranding
option has been purchased. Therefore your server will be called
"Merciless-Servers.com : yourclanname " or vise Versa unless
there should be any special arrangement approved my Merciless
GameServers, in which case it will be called "yourclaname" or
whatever you wish. The server may not be used for commercial
purposes, unless prior arrangement has been made. The server may
not be named offensively or in a way to reflect a commercial
organisation. In addition to adhering to Merciless GameServers
standard naming convention clans will also include a 88x31
'powered by Merciless GameServers' link button (linking back to
http://www.Merciless-Servers.com) on their clan-homepage
(irrespective of whether or not they have chosen the debranding
option).
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Uploading any updated maps, mods
is upto the user. In special circumstances Merciless GameServers
will help, for example with new releases of large files, but the
day to day management is down to the user.
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Player limit increase is not
permitted (this includes spectators) without the prior
permission of Merciless GameServers and payment of the
difference in rental prices. We are unable to offer refunds to
clans who wish to reduce player numbers for any reason.
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Accept that Merciless
GameServers may be involved with the services of other
companies, or operate on the networks supplied by other
companies. Users must be aware that they will be bound by the
Terms and Conditions of these other companies.
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Allow Merciless GameServers to
record actions on its game servers and other Services, and that
these may be recorded in the form of game demos, game logs,
server statistics, screenshots and any other format necessary.
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Act with respect to other Users
of Merciless GameServers Services and the Web Site. Abuse,
maliciousness, racism, prejudice, or any of the like that can
cause any distress, upset or discomfort to any person will not
be tolerated.
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Accept that Merciless
GameServers do not tolerate cheats, or any Users that use any
program, application, code or likewise to gain an unfair
advantage over other Users, and may prevent them from using any
of the Services and aspects of the Web Site.
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Only one game process is
permitted to run on users server. The user is responsible for
ensuring that they have permission to use any mods or maps used
on their server.
Non-Compliance with Terms and Conditions
Non-Compliance with the Terms and Conditions laid out by Merciless
GameServers may result in the User being subject to:
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A formal warning
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Permanent suspension from any of
the Services or Web Site
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Termination of a Users
membership with Merciless GameServers
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Temporary suspension from any of
the Services or Web Site
A User will not be limited to one of the above.
The action taken by Merciless GameServers regarding any
non-complying User will be decided by one or more of the Merciless
GameServers Admins, and will be decided on a case-by-case basis.
Faults, Downtime and Errors The User accepts that
there may occasionally be problems with computers and
telecommunication systems. Consequently the User accepts that there
may be periods of downtime, relating to the Services and/or Web
Site, in which the User cannot access these. However, Merciless
GameServers will maintain reasonable effort to minimise these
periods. The User accepts that is such cases of downtime, they will
have no claim of breach of contract.
When possible Merciless GameServers will notify the User of
predicted downtime and/or scheduled downtime for upgrades, updates
and the like.
Links
Some parts of the Web Site may contain hypertext links to other Web
Sites of a third party organisation. These are provided solely for
convenience purposes, and not as authorisation to view or access
these web sites.
Merciless GameServers do not accept any reasonability for the
content of these third party web sites, and will not be held
responsible for any loss, damage or expenses resulting in the use of
such their party web sites, nor their services.
Copyright and other intellectual property rights
The User accepts that all copyrights, trademarks, design rights and
other intellectual property rights, (either registered or
unregistered) belong to Merciless GameServers, and the User agrees
not to infringe any of these rights. No copying, distributing,
modification or the like, of the Website and material is permitted.
No resale or supply of any material is permitted.
The User accepts that some material is supplied under licence to
Merciless GameServers, and therefore the intellectual property
rights in such cases belong to the licensor.
The User agrees not to upload, display, post or the like, any
material of which they do not own the intellectual property rights.
The User agrees to absolve Merciless GameServers of any
responsibility, cost, losses, damages or expenses arising from any
posted, displayed or uploaded material of which infringes the
intellectual property rights of any third party, including, but not
limited to, any claims that are made.
Disclaimer
The User accepts that Merciless GameServers, its employees,
managers, and representatives of any kind cannot be held responsible
or be liable for any damages, costs, loss or expenses arising either
directly or indirectly from the User downloading any of the content
of the Website or using any of the Services, including but not
limited to claims thereof.
Indemnity
The User shall indemnify Merciless GameServers against any and all
claims, damages, actions, liabilities, costs and expenses including
reasonable lawyer's fee and expenses arising out of:
The User breaching or its non-observance of these Terms and
Conditions; or
Any breach or inaccuracy in any of the User's representation or
warranties.
Jurisdiction
These Terms and Conditions shall be governed by and construed in
accordance with the laws of Germany. Any disputes arising from here
will be exclusively subject to the jurisdiction of the courts of
Germany.
Acceptance of Terms
By using any of the Services provided by Merciless GameServers,
either by registering or anonymously, the User agrees to be bound by
these terms and conditions. Failure to comply will result in the
User not having permission to use these Services, and they should no
longer partake in doing so. |
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