Terms of Service

Ownage Servers is owned and operated by ImbierowiczBrothers LLC

Ownage Servers ("the Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of any Ownage Servers Service constitutes acceptance and agreement to Ownage Servers's Acceptable Use Policy as well as Owngae Servers's Terms of Service. The Terms of Service and/or the Acceptable Use Policy may be changed anytime at the discretion of the Company. Subscriber understands that any change made to the Terms of Service and/or Acceptable Use Policy by the Company shall not be grounds for early contract termination or non-payment.

IMPORTANT NOTICE: All Payments To Ownage Servers Are Non-Refundable

This Agreement shall be construed in all respects in accordance with the laws of the state of Indiana, applicable to contacts enforceable in that state.

Disclosure to Law Enforcement: Ownage Servers strictly prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP addresses, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Ownage Servers shall have the right to terminate all services set forth in this agreement.

Definitions: Game Server - "Game Server" shall be defined as a server running a program that acts as a hub for clients to connect to for the purpose of interaction
Reseller - "Reseller" shall be defined as one that sells resources as their own.
Features - "Features" shall be defined as an incentive, "add on", or "extra". Features are not the service actually paid for and may be discontinued at the discretion of Ownage Game Servers.
Mods - "Mods" or "Modifications" shall be defined as any custom script that alters the game play or performance of a game server.

Services: Ownage Game Servers shall make available a Game Server which shall be accessible by means of Internet connection that shall be available for access by you and your clan for Matches, Practice, Scrimmages and Tryout with others or other clans.
The Server may be made for Public or Private Use.
It is unacceptable to "sub-let" your server for money or services. (Excludes resellers)
Ownage Servers makes no guarantees as to the continuous availability of the Service or any specific feature of the Service. Ownage Servers reserves the right to change the Service or any of its features at any time with or without notice.

Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the date of the month for that month's service. The above applies to all accounts and services provided by Ownage Servers.

Payments and Fees: We accept payment via PayPal and Money Order. Service will be suspended on any account that exceeds 24 hours past due. Any account that exceeds 72 hours past due, will be terminated. All client data will be erased, for server(s) and sub domain(s). Accounts that are not collectable by Ownage Servers 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 than $50 no more than $200. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Refund and Disputes: All payments to Ownage Servers are NONREFUNDABLE. This includes any one time setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your bank or credit card issuer that, in Ownage Servers's sole discretion is a valid charge under the provisions of the TOS, you agree to pay Ownage Servers the amount charged back and an additional "Administrative Fee" of not less than $50 and not more than $200 per charge back.

Failure to Pay: the Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges.

Account Cancellation: All requests for canceling accounts should be the forwarded Invoice Notice email or the Welcome Email that is sent to the email address you have registered with the Company. You can also send an email to sales@ownageservers.com that contains all of your Account and Server information, from the email address you have registered with the Company.

Account Information: You are required to keep your contact information updated.  Please send the email from the email address registered with the Company or include complete login information for your account. E-mail is the only  form of communication we will use to change your contact information or passwords.

Subscriber 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 are difficult to ascertain. Therefore, subscriber agrees that the Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the Company. Subscriber further acknowledges that the Company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the Company be liable for any special or consequential damages, loss or injury.

Server Modification: Any modifications, or mod, of a client's game server may cause performance and reliability issues.  Many modifications are not supported by Ownage Servers, and Ownage Servers can not be held responsible. The use any modification on your game server is at your own risk.

Support: Ownage Game Servers offers many means of live support and reserves the right to remove customers privileges. Disrespect to any the Companys  staff members will not be tolerated. Ownage Game Servers staff will provide respect to its customers. Forms of disrespect include, but not limited too: cursing, blaming, racism, or flaming Ownage Game Servers staff on our forums, live chat, or mIRC, will result in a warning first, in the case of another violation, your account will suspended until further notice. (Note: Ownage Servers does support opinions, but does not support bashing of it's Employees. Please keep your conversations Mature) Ownage Game Servers does not guarantee any uptime of the Live Support, or ticket response times. In the case we unreachable, leaving a support ticket is the recommended support method.

SPAM and Unsolicited Commercial Email (UCE): Ownage Servers takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Ownage Servers may not use or permit others to use our network to transact in UCE. Customers of Ownage Servers may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. In addition, it is not acceptable to transmit bulk email through remote SOCKS, HTTP or other similar proxies who in turn make a SMTP (TCP port 25) connection to the destination mail servers. This technique may result in account suspension or termination. Violations of this policy carry severe penalties, including termination of service. In order to prevent unnecessary blacklisting due to spam we reserve the right to occasionally sample email being sent from servers.

Violation of Ownage Servers's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Ownage Servers will initiate an immediate investigation (within 48 hours of notification). During the investigation, Ownage Servers may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Ownage Servers may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Ownage Servers reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Ownage Servers 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 $300 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $600 and 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 $175 per hour that Ownage Servers personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Customers are ultimately responsible for the actions of their clients over the Ownage Servers network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT

Suspension of Service or Cancellation: Ownage Servers reserves the right to suspend network access to any customer if in the judgment of the Ownage Servers administrators the customer's server is the source or target of the violation of any of the other terms of the Terms of Service or for any other reason which Ownage Servers chooses. If inappropriate activity is detected, all accounts of the customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's service was suspended.

Policy Amendments: Ownage Servers reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Ownage Servers must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients as described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of Use Policy.

Reseller Client Responsibility: Resellers are responsible for supporting their clients. Ownage Servers does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Ownage Servers will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

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

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

It is absolutely forbidden to host pornographic content or IRC servers on Server Accounts. Server Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content: You, as Ownage Servers's customer, are solely responsible for the content stored on and served by your Ownage Server's server.

If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, you're sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

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

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

It is absolutely forbidden to host pornographic content or IRC servers on Server Accounts. Server Accounts found hosting this material will be subject to immediate cancellation without refund.

Responsibility for Content: You, as Ownage Servers's customer, are solely responsible for the content stored on and served by your Ownage Server's server.

If you are dissatisfied with the Service or any of its terms, conditions, rules, policies, guidelines, or practices, you're sole and exclusive remedy is to terminate this Agreement and discontinue using the Service by canceling your account.