The terms below are an integral part of this Terms of Service Agreement for the current calendar year between You: the small business, organization, club, government, or individual and WarGamex™ Partners as the business and service provider of WarGamex™ Hosting Services. The following words used in the context of this Agreement are defined as follows: the term "WarGamex" or "Company" or "We" means WarGamex Partners as the legal partnership entity; the term "Client" means the person, customer, or entity requesting hosting service branded as WarGamex. Once the Client agrees to accept WarGamex Hosting, the Client agrees to these terms and conditions as posted on this Web page at http://wargamex.com/hosting/index.php?id=agreement throughout the period of service. WarGamex values and is committed to a professional, ethical, reliable, and good faith business relationship with the Client pursuant to these terms and conditions defined.
WarGamex agrees to provide and the Client agrees to receive specific hosting service as ordered by the Client. The terms under General and Payment Terms, in addition to applicable service terms are agreed to by the Client and in effective the day of purchase or renewal each year as stated:
Law and Legal Dispute: In the event it is necessary to refer any dispute to an attorney, a collection agency or resolution in a court of law, the prevailing party will be entitled to an award of reasonable attorney's fees, collection fees, and all costs associated with any legal action, whether or not a suit shall actually be filed. WarGamex will not hesitate to take legal action against the Client when terms of this agreement are violated or payments due are not received, especially when no effort is made by the Client to fulfill the business relationship in good faith. Our office is considered located in northern Huntsville, Alabama regional area; and the location where this agreement is fulfilled shall be within the City of Fayetteville, County of Lincoln, State of Tennessee, in the United States of America.
Loss From Disruption: WarGamex Hosting are provided on an "as is" and "as available" basis. WarGamex gives no refunds or warranties, expressed or implied for any scheduled or periodic outage that may occur with the service provided, including and without limitation, maintenance response time beyond our control, marketability and fitness for any particular purpose, or lack of reasonable communications from Client. This expressly includes any reimbursement for losses of income due to violation of this agreement, termination, disruption of service, or beyond fees paid and/or due by the Client. However, the Company guarantees its support team will respond and troubleshoot a service outage promptly after receiving an email message or written notification from the Client.
Use of Internet and Software: WarGamex is not responsible for any lose or damages arising from the Client's use of the Internet, lack of Client's communication with WarGamex support through designated email addresses, or the inability to use Web browsers, tools, or other application software.
Public Accessibility: All information presented on websites should be considered publicly accessible because of the public nature of the Internet and important or private information should be treated carefully. WarGamex is not liable for the Client's loss of money, protection or privacy from the use of either WarGamex Hosting or any site including the WarGamex Cloud, domains, subdomains, webapps, transactions, maintenance, or other external services (free or purchased).
Prohibited Content: The Client hereby agrees that all domain names and any material submitted for posting on the Client's domain, website, or image gallery will not violate or infringe upon any trademark, service mark, copyright, patent, statutory common law or proprietary rights of others. WarGamex does not host websites containing adult or sexual content. The Client's domain, website, or images may not contain any abusive or harmful material, such as, pornography, obscenity, nudity, violations of privacy, hacking, viruses, excessive audio and video files, harassing material, or other overly offensive material deemed as such by WarGamex. Any violation of this paragraph or illegal activity will cause immediate cancellation of this agreement, deactivation, and a stoppage of all service without warning. The Client hereby agrees to indemnify and hold harmless the Company for any loss or claims resulting from violation.
Legal Ownership: WarGamex maintains full legal ownership, control and rights to all files, text and images copyright by WarGamex Partners, in addition to the use of domain names owned by or registered to WarGamex Partners. Any use of such materials must be authorized in writing by WarGamex and shall be properly recognized at all times web or print.
Client Satisfaction: WarGamex takes pride in its ability to provide personal and Client support with quality and affordable hosting services; therefore, we we make every reasonable effort to assure full Client satisfaction. We never sell or provide Client information to external third party vendors. We always negotiate professionally and with fairness in disputes and allow flexibility in accordance with the communications and business relationship. However, the Company has reserves the right to immediately cancel services and terminate this agreement at any time and with notification if the Client is deemed by us to be unreasonable, unprofessional, unruly, or hostile to our business. The Company and the Client may agree to variations of this Terms of Service Agreement with a written amendment to applicable paragraphs.
Changes and Amendments: WarGamex reserves the right to amend this Internet Agreement without warning. hosting services provided to the Client are pursuant to the terms and conditions of this agreement as presented annually on the Company website. These terms must be agreed to by the Client. This agreement is effective on the date stated above, and it is the responsibility of the Client to be aware of and to review this agreement when placing an order or renewing hosting service. The Company may periodically request agreement to these terms when necessary.
Domain Name Registration: The Client retains ownership of a domain name as its official registrant of record for one year when paid in full with each annual PayPal invoice. The registered domain name reverts to WarGamex ownership when Client does not make payment to renew registration within 30 days of its expiration date, which is equivalent to the service renewal due date on the annual invoice. Each domain name registration is solely managed by WarGamex as the administrative, technical, and billing contact of record for all WarGamex domain hosting plans, except subdomains under the Cloud Hosting Plan. The Client agrees domain name registration includes domain account access, contact information, name records, name servers, MX records, domain in/out transfers, and registration record services.
Web Content Responsibility: The Client is solely responsible for their websites and maintains full legal ownership, control, and rights to all text, files, images, and custom applications, uploaded, installed, provisioned and/or copyright by the Client. WarGamex monitors only active services and security of technical hosting information, and insures privacy of Client data and content including user profiles, email messages and attachments, chat rooms, and other access restricted applications.
Web Hosting Ownership: WarGamex maintains full legal ownership, administrative control, and rights to any and all identifications for Web server administration, accounts, Universal Resource Location (URL), Internet Protocol (IP), WarGamex.NET folders and all unpaid hosting service that may be used by or assigned to the Client. WarGamex reserves the right edit the Company owned accounts, domains, directories, files, and other related service provision and control systems.
Network Bandwidth Usage: In rare instances, WarGamex reserves the right and sole discretion, to disrupt the Client's website if the Internet traffic on the Client's website causes major Internet network outages or disturbances.
Data Backup Responsibility: Unless applicable Maintenance Service is active, the Client is solely responsible for independent backup including, but not limited to Web pages, images, files, documents, databases, mailing lists, and discussion lists through the Web browser save feature, Internet or application software, and other backup methods. WarGamex is not responsible for the backup of email messages sent or received by the Client. The Company is not responsible for archiving and does not backup a Client's Web pages, unless the Client has purchased a Maintenance Service. WarGamex hosted Web applications and custom programming exclusively available on our Web servers are not transferrable to other hosts.
The Client authorizes WarGamex to collect payments due from accounts submitted and provide hosting service as ordered.
Payment Method: WarGamex Hosting annual payment terms are stated on the invoice including the Due Date for renewal payment. The Client understands all payments must be made online via PayPal Invoice and payment by paper check or money order is not accepted. We are an online service and require online payment for all hosting service providing secure electronic check, ATM, or credit card transaction via PayPal® transaction with email invoicing. After receiving your order we will send a verification and process your service request. If the Clients should contact WarGamex before making a renewal payment if an invoice has not been received from WarGamex at the firstname.lastname@example.org email address.
Lack of Payment: At least three (3) Service Renewal invoices will be sent to the contact email address via high priority message prior to the service expiration date. WarGamex understands financial problems may occur and will gladly negotiate with the Client if notified of a payment problems in advance. However, it is totally the responsibility of the Client to contact WarGamex in case of payment difficulty or cancellation of service. A payment schedule can be negotiated without disruption or termination of service if the Client contacts the Company before the Expiration Date.
Payment Refunds: WarGamex verifies orders are legitimate as requested by the Client. All service orders are final and no refunds are offered for unused services.
Renewal of Service: Hosting service is not automatically renewed unless communicated to WarGamex by the Client. All payments for renewal of service must be made using the applicable "Add to Cart" buttons for the amount shown on the WarGamex Hosting invoice by the due date. In addition, after receiving the third and final renewal notice and Domain Name registration has expired, the Client must pay the Hosting Restoration Fee to renew service. In any case, the Client is responsible at all times to notify WarGamex of any situation hindering payment to prevent disruption of service.
Change or Cancellation of Service: Hosting service may be changed or this agreement may be canceled anytime by the Client with a written notice of change or request for cancellation by either 1) sending a message to WarGamex at email@example.com, or 2) sending a letter to the WarGamex business address on the invoice. Future services will be changed or canceled as requested, except for unpaid balance due. The transfer of WarGamex domain name registration without notification constitutes a violation, and WarGamex reserves the right to terminate all services and cancel this agreement if the Client violates any terms of this service agreement.