TERMS AND CONDITIONS OF USE

1.0 Definitions

"We" "Our" "Us" means xone-gaming.co.uk

"You" "Your" means any person or organisation that is using the services offered by xone-gaming.co.uk.

"Game server" means a server which is exclusively used for the playing of games through the internet.

"Private server" a server to which access is limited by a password

2.0 Use of services.

By using the services that we offer, you agree to be bound by and accept our terms and conditions of use.

3.0 Payment, prices and refunds.

To order a new service or renew an existing contract a correct payment for the contract term should be made via our online payment system. Alternative methods of payment are available, e.g. Bank account transfer, cheque or cash, contact us to discuss these.

Once payment has been received for a service, payment is non refundable or transferable unless otherwise agreed by us. Payment constitutes acceptance of the terms and conditions of use.

4.0 Duration or term of service

Your service will last for the duration that you have paid for. We reserve the right to terminate your service with us should you be found to use our services outside of these terms and conditions of use. The service periods services are usually weekly (7 days), monthly (a calendar month from the date of payment) or yearly (one year from the date of payment.). Services will be set up within 24 hours of payment unless agreed otherwise.

5.0 Termination of or assignment of service

Should we have to terminate your service through no fault of your own or assign your account to another provider we will either refund you pro-rata for your remaining service period or transfer your service to another provider.

6.0 Acceptable Use Policy-All services

We reserve the right to suspend or cancel with immediate effect, access to any service, where we decide that the account is being used inappropriately. You agree that you will not use, and will take all necessary precautions to ensure that nobody else uses, the services in an inappropriate manner and not abuse, or in any way use the services provided in any manner which may lead to the degradation in service quality for others, including, but not limited the acts listed below:

• Used fraudulently or in connection with any criminal offence;
  (b) to send, knowingly receive, upload, download, or use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, or in breach of copyright, confidence, privacy or any other rights;
  (c) to cause annoyance, inconvenience or anxiety;
  (d) to "spam" or to send or provide unsolicited advertising or promotional material or, knowingly to receive responses to any spam, unsolicited advertising or promotional material sent or provided by any third party;
  (e) in any way which, in our opinion, is or is likely to be detrimental to the provision of services to you or any of our customers, or to our business and/or reputation;
  (f) in contravention of any licences or third party rights
• Use of our services to Spam, Hack, DoS Attack or any similar activities.
• Promote or make available- pirated software / music/movies, pornography, or other similar illegal files/activities on our hardware or network.
• Do anything that may be considered unlawful use or illegal.
• Make offensive remarks, comments to any person or organisation.
• Abuse, maliciousness, racism, prejudice, or any of the like that can cause any distress, upset or discomfort to any person.
• Not act in a manner that is unlawful, or harass, upset, distress, or cause any harm to any other person.
• Not upload, transmit, display distribute or post links to, or in part or full, any information or material of which you or the owners 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 similar acts which may cause harm or upset.
• Not upload, divulge, distribute, post or transmit any information, which can cause or contains a computer virus, or any other form of software that is illegal or may create harm.
• You agree that you will not perform or allow anyoneelse to perform any unauthorised IP or Port multicasting, spoofing, broadcasting, vectoring, filtering translation or routing

If, while using the Services, you discover that another person is using the Services, and failing to do so in accordance with the Agreement, you must inform us immediately. You agree that you will, at all times and for whatever purpose, use the services in compliance with all Laws.

6.1 Acceptable Use Policy-game servers

You shall comply with the terms in section 7.0 and the following terms

• Only one game process is permitted to run on each of your game servers. You are responsible for ensuring that you have permission to use any mods or maps used on the server. If in doubt seek permission from us.
• A 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
• You acknowledge 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 termination of your service.
• Advance notification and additional payment is required to remove the password from a private server.

6.2

You may edit your game server config files freely as long as they do not change or alter any of the following:

• Edit player slot limits
• Change any settings that would increase CPU usage or affect server performance in any other way (this may include adding bots).
• Edit branding in any way

7.0 Non-compliance with the terms and conditions of use.

Non-Compliance with the Terms and Conditions of use may result in your service ultimately being terminated with no refund. There a number of actions that may be taken by us before terminating your service, these actions will be determined by the nature of the non-compliance.

8.0 Services not under our direct control, including faults, downtime and other errors.

You accept that there may occasionally be problems with services outside of our control, for example, network faults. Consequently you accept that there may be periods of downtime, relating to the services that we provide. We will maintain all reasonable efforts to minimise these periods. You accept that in such cases of downtime, you will have no claim for breach of contract. Wherever possible we will notify all users in advance of any known periods of downtime, .including scheduled downtime for maintenance and upgrades etc. You agree that, in view of their nature, your use of the Services is at your sole risk. Whilst we will endeavour to ensure that the Services are of a high quality, neither we nor any of our agents, contractors, licensees, employees or information providers involved in providing the Services, give any guarantee that the Services will be uninterrupted or free from error

9.0 Your responsibilities.

You shall indemnify xone-Servers.co.uk against any and all claims, damages, actions, liabilities, costs and expenses including reasonable legal fees and expenses arising out of you breaching or not observing these terms and conditions of use.

9.1 You agree that you will be responsible for and hold us and our agents, contractors, licensees, employees and service providers, involved in providing the services and/or Equipment, harmless from and against any and all losses, claims, damages, costs, demands, expenses and other liabilities which we suffer as a result of any breach by you of the terms of this Agreement, and from and against any claim brought by a third party alleging that the use of the Services and/or the Equipment, by you or under your Account, has infringed any intellectual property or other right of any kind, or any applicable legislation or regulation (whether international or domestic) but excluding any liability which we face as a result of criminal prosecution.

9.2 You agree to pay all costs, damages, awards; fees (including legal fees), judgements and other sums awarded against, or agreed to be paid by, us in relation to such claims referred to at Clause 10.1 above. You further agree that you will, as soon as possible, notify us of, and forward to us all correspondence received by you in relation to, such claims.

9.3 You also agree that we shall have full authority to defend, compromise or settle such claims referred to at Clause 10.2 above, and that you will, at your expense, provide us with all reasonable assistance necessary to defend such claims.

10.0 Limitation of liability including losses and compensation

We do not accept any liability for any loss however caused or arising suffered as a result of any failure or any fault in the services provided by us. In no event will we be liable, whether in contract, warranty, tort (including negligence (whether active, passive or imputed), product liability, strict liability or other theory, to you or any other person for any damages (including, without limitation, any indirect, incidental, special or consequential damages) arising out of or in connection with use of, or inability to use the services that we provide. In no circumstances whatsoever will we be liable to you (whether in contract, or for breach of duty, or negligence or otherwise) for any indirect, incidental or special loss or damage or any loss of business or of contracts, profit, opportunity, goodwill, reputation, or anticipated savings, or for any loss or corruption of data which arises out of or in connection with any use of, or inability to use, the Services

Any compensation shall be at our discretion and shall not exceed the pro-rata value of the loss of service provided

11.0 Copyright and intellectual property rights

All intellectual property of xone-servers.co.uk such as trade names, designs and any other automatic intellectual property rights remain our property. By using our services you agree to respect our intellectual property rights and will refrain from copying, reproducing, or exploiting for commercial purpose any material that is our property.

12.0 Data protection and confidentiality.

We will take all reasonable measures to protect all personal information that is held by us. We will not pass on any private or personal information and details given by you to any third party without your agreement. We reserve the right to publish statistics connected to our services; however this information will not contain any private information. We may record or transmit actions on our game servers and other Services, and that these may be take the form of game demos, game logs, server statistics, screenshots and any other format necessary.

13.0 General.

13.1 The Agreement shall be governed by and construed in accordance with the laws of England and Wales and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales. In the event that the Agreement is translated into any other language, the English language version shall prevail.

13.2 These terms and conditions represent the entire agreement and understanding between you and us with regard to the supply of services, to the exclusion of all prior agreements, arrangements and understandings. These terms and conditions contain express promises and obligations on our part. You agree that any other term which might be implied or incorporated into these terms and conditions by statute, at common law or otherwise, is excluded, to the fullest extent permitted by law.

13.3 You acknowledge and agree that in using the services provided by us, you have not relied upon any oral or written representation, statement or understanding (whether negligently or innocently made) by any of our employees, agents, sub-contractors or representatives other than as expressly set out in these terms and conditions.

13.4 The only remedy available to you for a breach by us shall be for breach of contract under these terms and conditions.

13.5 If any clause or sub-clause of these terms and conditions is held by any competent authority to be void, voidable, illegal, invalid or otherwise unenforceable, but would be valid and/or enforceable if any part of such provision, clause or sub-clause were deleted or modified, then that provision, clause or sub-clause shall apply with such deletion or modification as may be necessary to make it valid and/or enforceable.

13.6 If any part of these terms and conditions or the application of them to any person shall, for any reason, be adjudged by a competent authority to be invalid, void, voidable, illegal or unenforceable such judgement shall not affect the remainder of the terms and conditions which shall continue in full force and effect.

13.7 Any notice required or authorised to be given shall be in writing and shall be sent by pre-paid registered or recorded delivery post or by telex, electronic mail or facsimile transmission. Any such notice shall operate and be deemed to have been served at the expiration of 14 days after it is posted or transmitted. In proving such service it shall be sufficient to show that the envelope containing the notice was properly addressed and posted or that the transmission was duly despatched and acknowledged as the case may be.

14.0 Force Majeure.

You agree that we shall not be liable for any and all losses, (including loss of data) damages, costs, claims and other liabilities which arise as a result of any delay or interruption in, or any non-delivery, or missed delivery or failure of the services due to circumstances beyond our or any of our suppliers' reasonable control (including, but not limited to, fire, lightning, explosion, war, disorder, flood, industrial dispute, sabotage, weather conditions or acts of local or central Government or other competent authorities).

15.0 Waiver.

Neither failure nor delay by either you or us in exercising any of your or our rights under the Agreement shall amount to a waiver of any such right, or operate so as to bar the exercise or enforcement of such right at any time in the future.

16.0 Changing our terms and conditions

We reserve the right to change these terms and conditions. You will be given 30 days notice of any changes.

Issue 2 / 20.September 2007.