Terms And Conditions
Appropriate Use of the Services
Client Content
Disk Space
Service Specific
Licensed Software
Termination
Billing
Disclaimer of Warranty
Miscellaneous
Appropriate Use of the Services
Client Content
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Clanplanet Network server in connection with Client's use of the Services which:
violate any UK, European, US or foreign laws or regulations;
infringe on any intellectual property rights (e.g. copyright, trademark, patent or other proprietary rights) of Clanplanet Network or any third party;
are defamatory, slanderous or trade libelous;
are threatening or harassing;
are discriminatory based on gender, race, age or promotes hate, violates any Clanplanet Network policy posted on the Clanplanet Network site including but not limited to those listed in our Terms of Service (ToS).
contain viruses or other computer programming defects which result
in damage to Clanplanet Network or any third party.
Disk Space Usage
Website Disk Space: Client may occupy only the amount of disk space
on the Clanplanet Network Server that is allotted by Clanplanets Network.
Additional fees, specified in the hosting plans, will be charged for exceeding
the disk space. Disk space measurement includes all customer content and generated
content from their web site and includes but is not limited to MySQL or other database data,
Mailing List data and website data. Clanplanet Network is not responsible
for measurements provided by individual control panel software, which is 3rd
party software not controlled by Clanplanet Network, which may or may not
include all of the customer data in their measurements.
Game Server Disk Space: Clanplanet Network does not impose any specified
limit on file sizes which can be uploaded however all files which are uploaded
to your game server must only be 'modifications' to the game process itself.
Your game server disk space must not be used to host any files other than
those which affect your game server process. If any files which are uploaded
are deemed by Clanplanet Network to adversely affect performance of the overall hadware you may be asked to remove the file from use.
Dedicated Server Disk Space: The Disk Drive and/or Disk Space
Quota for these accounts is hard quota based and clients have full access
and rights to the disk space. Available disk space for the Client excludes
the space required for the Operating System, Control Panel and other Services
that come with the server set up which is selected by the client. Client has
full control of all disk space for these accounts and may remove, delete and/or
alter the installed files and configurations. However, removing, altering
or deleting the files and base configurations installed by Clanplanet Network
and/or in the case of the Control Panels, is not part of the 3rd party software
released packages, patches, fixes and or upgrades, places all software support
for that account/server into a fee based category. Refer to our Support Policy
for details regarding free versus fee based support.
Service Specific
Game Servers:
Client agrees to display on their server name
the prefix 'Clanplanet.co.uk :: ' on a servers name or hostname which are based in the United Kingdom or 'Clanplanet.us :: ' on servers based in the USA. This is a requirement of all game servers
where the 'De-Branding' add-on has not been purchased. This does not apply to
dedicated servers or web hosting. Client agrees not to edit the number of available
player slots to a higher value than is permitted by Clanplanet Network when
the game server was purchased. Clanplanet Network reserves the right to charge
a fee for exceeding the agreed number of player slots at a rate of 5.00 (£
GBP) plus 2.00 (£ GBP) for each player slot above the agreed limit. Client agrees
that no more than 4 (four) bots are allowed at any one time. A bot is defined as a
non-human player that uses up one user slot. This includes but is not limited to:
bot players, proxy slots (sourcetv), etc.
Automatic Setup:
Client agrees that the 'automatic setup' advertised on some services such as Voice Servers and some types of Game Servers is not a guarantee that services will be set up instantaneously nor that the setup will be error free. Occasionally various problems occur with automatic setup that requires human intervention and services will be subject to our 72 hour installation period.
Web Hosting:
Client agrees that it will NOT host any websites which fall under the following categories:
Warez Sites,
Pirated software, serials or cracks,
Illegal music or Video,
Internet radio stations,
Hacking programs or archives,
Child pornography,
Bit Torrent files,
Free hosting e.g web, email or forum services,
Roms and emulators,
Pornography is acceptable but websites devoted to adult material are not allowed.
Clanplanet is the sole arbiter as to what constitutes a violation of this provision
Background Processes/Programs: Clanplanet Servers may allow Shared Hosting client's programs to run continually in the background, (e.g 'cron jobs') these are considered on a one to one basis and an extra charge may be incurred based on system resources used and operational maintenance needed.
Music Websites: We do not allow DJ/music websites on our servers.
Streaming Content: Streaming is not allowed on our servers, this includes music and video.
Commercial Advertising - Email: Spamming, or the sending of unsolicited email, from a Clanplanet Network server or using an email address that is maintained on a Clanplanet Network machine is STRICTLY prohibited. For general reference, we consider Spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them.
Clanplanet Servers will be the sole arbiter as to what constitutes a violation of this provision. Opt-In email is acceptable, as long as Opt-Out/Removal request are fully honoured immediately. Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM GMT
Server Abuse: Any attempts to undermine or cause harm to a Clanplanet Network server or customer of Clanplanet Servers is strictly prohibited. Clanplanet Servers will pursue legal action to the fullest extent for all abuse of the Clanplanet Servers network.
Suspension/De-Activation: If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. Clanplanet Servers reserves the right to remove any account or files without prior notice. Our normal policy is a warning first, and account de-activation the second offence. Serious offences may cause immediate de-activation. No refunds will be given in the event of a suspension of de-activation
Licensed Software Only
Client agrees to use only properly licensed third party software in
connection with Client's use of the services.
Billing
The client agrees that payment terms are strictly 30 days from the date of invoice. If payment is not received clanplanet will vigorously pursue outstanding debits.
The client agrees that no refunds will be given, however in exceptional circumstances a partial refund may given. A partial refund is calculated on the basis of your monthly, quarterly, semi-annual or annual total minus the number of days for which the server has been used and minus any administrative fees.
The client agrees that seven (7) days notice will be given to clanplanet servers in the event of a cancellation and this will be posted through the clanplanet support system.
The client agrees that termination or failure of paypal payments, failure of credit/debit card transacrtions and failure to initiate bank transfers or cheque/postal order and failue to pay an invoice for any other reason is not the correct method of notifying clanplanet servers of your wish to cancel.
The client agrees that any setup fee is regarded as a deposit and is a non-refundable amount.
Termination
Clanplanet Network reserves the right to refuse service to anyone. Clanplanet
Network, in its sole discretion, may immediately terminate this Agreement if
Client engages in any of the foregoing. To report any unacceptable behavior
by a third party using the services, please contact abuse@clanplanet.co.uk
Disclaimer of Warranty
THE SERVICES, THE CLANPLANET NETWORK SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE CLANPLANET NETWORK SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. CLANPLANET NETWORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CLANPLANET NETWORK SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
Miscellaneous
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Clanplanet Network. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United Kingdom of Great Britain, except with regard to it's conflict of law rules. This Agreement and Clanplanet Networks policies are subject to change by Clanplanet Network without notice. Continued usage of the Services after a change to this Agreement by Clanplanet Network or after a new policy is implemented and posted on the Clanplanet Network Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Clanplanet Network Site for any changes or additions.
INTELLECTUAL PROPERTY NOTICE "AAHONOR" and "Pragmatic Honor 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.
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