Terms of Service for FRAG Users
Last updated: 1 November 2017
FRAG Game Servers provides leased game servers. FRAG Game Servers may be referred to as "FRAG," "we," or "us" throughout this document.
The services that we operate include the FRAG Website, available at http://www.frag.gs/; leased game server services; and the network of servers and all infrastructure used to operate the aforementioned services. These services will collectively be referred to as FRAG Services. Any specific game server service leased by you will be referred to as a "FRAG Service" or "your Service" unless it's clear that we mean something else.
By using FRAG Services, you indicate that you agree to be bound by these Terms of Service. If you don't agree, you must not use FRAG Services.
2. What is FRAG
FRAG provides leased game servers for popular games, such as "7 Days to Die". When you lease a game server from FRAG, we run the game server software on physical machines that we own or lease, and your game server becomes available to you and the rest of the internet via an IP address and port. We also provide services to help you manage and configure your game server, such as a web-based control panel which lets you start and stop your server, change configuration settings and more; FTP access, which lets you upload and change files on your game server; and occasionally, other services that we might advertise or add to our website from time to time.
2. Prerequisites for using FRAG
In order to use FRAG, you agree to the following conditions:
- You are 13 years of age or older.
- You will be bound by the terms of this document for the entire period in which you access the FRAG Website or hold current FRAG Services
3. What you can and can't do with FRAG
You can do lots of neat things with FRAG! For example, you can:
- Have lots of fun!
- Invite friends to join you on your FRAG Services.
- Create and upload custom content, as long as it complies with the "Your content on FRAG Services" section below.
- Change configuration settings (such as hostname, motd) of your FRAG Services if we haven't said that you can't.
But you can not do these bad things, for example:
- Change or try to change configuration settings (such as maximum player count, slot count, or memory (RAM)) that do not have a public method of configuration (for example, our control panel), and/or have separately priced packages available for purchase from FRAG.
- Sell, resell, lease, transfer or rent your FRAG Services to another person.
- Try to exploit, hack or reverse engineer the FRAG Services or any infrastructure operated by FRAG.
- Use your FRAG Services to disrupt other FRAG Services or any other computer or service on the internet.
4. Your Content on FRAG Services
Our Services include functions that let you upload, create, or content, and these functions might not automatically restrict or limit what type of content is uploaded, created, or configured. For example, if we lease you a game server, we provide FTP access to your game server so that you can upload your own maps, plugins, addons, configuration files and any other custom content. We also provide access to a control panel on our Website which you can use to upload similar content as well as change settings and configuration relating to your Services.
With this in mind, we have some rules on things that you can't upload, create, transmit or have stored on your Services:
- Anything that infringes the rights of another person or entity (also see "Intellectual Property" below)
- Any form of malware, virus, trojan, worm or computer code that would disrupt FRAG Services or any other computer or service on the internet, whether accidental or intentional
- Anything that would reasonably be considered pornographic
- Anything that would reasonably be considered racist, sexist, homophobic or discriminatory to a certain group of people
5. Your FRAG Account
Your FRAG account belongs to you, and only you. It's your responsibility to keep your login details private so that nobody else can access it.
You're allowed to use only one FRAG account. If you have multiple people on the same network (for example, in the same house) they can each create their own FRAG account. Our system won't allow more than five FRAG accounts on the same IP address - if you have more than five users on the same IP address, please contact us.
If we think you've created multiple accounts, we have the right to investigate and limit access to or terminate your FRAG account, which includes all of your FRAG Services. In this case, you will not be able to use the FRAG Website or FRAG Services ever again unless we advise you otherwise.
If we think you're circumventing a ban or restriction on your FRAG account, we will continue to ban all of your FRAG accounts including all FRAG Services - this may include banning your IP address so that nobody on your network can use our Services.
We have a support email address, email@example.com, where we will respond to issues and queries regarding FRAG Services. FRAG Staff reply to emails in the order they are received. We will attempt to respond as quickly as possible but we can't guarantee any specific response time.
Additionally, on our website, we list a few external channels in which you might be able to find support, but we can't vouch for the quality or acceptability of these support channels because we don't control or monitor them and we have no association with them. We encourage users to use these support channels at their own risk.
7. Downtime of FRAG Services
From time-to-time, FRAG Services may be unavailable due to network maintenance or outage - either of FRAG or one of our server or network providers. If maintenance is planned, we will endeavour to give you as much prior notice as is reasonably possible - usually via our control panel - to let you know that your FRAG Services might be inaccessible. If an outage is unexpected, we'll try to keep you updated via our control panel and/or e-mail, but please note that this isn't always possible. Please also note that we're not compensated for any planned network maintenance undertaken by our providers, and therefore we can't provide a refund or credit for any downtime caused by such maintenance. We consider that this should be reasonably expected of any service on the internet. In the event of an unexpected outage or other occurance that prevents or disrupts access to your FRAG Services, we'll provide a refund or credit in accordance with our policy - see the "Refunds and Cancellation" section below for more information.
All of the services we offer are unmanaged and targeted towards casual users, so we don't provide a Service Level Agreement (SLA) or guarantee on the uptime of FRAG Services beyond what we've stated above.
8. Payments for FRAG Services
FRAG Services are billed monthly to your payment method that we have saved with our payment processor, Stripe. Your Services are billed automatically. If you have an account credit, this will be applied to any invoices before we attempt to charge your payment method. You will receive an email when we have successfully billed your Service each month. This acts as your invoice, or you can request a formal invoice via return e-mail.
If we fail to bill your Service because your payment method is declined or otherwise unavailable, we will notify you by email. We will continue to attempt to charge your saved payment method for your invoice amount up to three times over a period of up to five days. During this time, your Service will still be available, but this may change at any time and we make no guarantees that Services will be available for any period of time beyond the invoice due date. If we still cannot successfully charge your payment method, your Service will be terminated. This means your server and all server data, configuration and files will be deleted, and cannot be restored.
You can update your saved payment methods at any time from your user account page on our website.
If you're having trouble paying your bill, please contact us to discuss your options.
9. Refunds and Cancellation of FRAG Services
We provide a 30 day "Money Back Guarantee". That is, within 30 days of the payment of your first FRAG Service, you may cancel due to change-of-mind or any other reason and receive a full refund, without question. Your Service will be terminated immediately, although your account will be available for you to order any other FRAG Services in the future.
If you would like to cancel your FRAG Service, please contact us at firstname.lastname@example.org.
As in the "Payments for FRAG Services" section above, your Service will be automatically be cancelled if we fail to successfully charge your payment method multiple times.
We will provide refunds or credit towards future FRAG Services in the event that access to your FRAG Services are lost as a result of something we did, or something we could have prevented. Usually we know when this happens and will automatically credit your account, but if this doesn't happen, let us know by e-mail or support ticket and we will arrange a refund or credit. If your FRAG Services are unavailable due to network maintenance or an outage by either FRAG or one of our network/server providers, you are not automatically entitled to a refund or credit, because this should be reasonably expected of leased services on the internet.
With the exception of our 30 day "Money Back Guarantee" described above, we don't provide refunds if you simply change your mind and don't want your FRAG Service for its full duration, or for any other reason unless required by law (see "Consumer Rights" below).
10. Payment Disputes and Chargebacks
In accordance with the "Refunds and Cancellation" sections (above), we will provide refunds or credit where FRAG Services held are not able to be delivered as promised - for example, when a network or server problem prevents you from using your FRAG Services as advertised.
We consider that this issue is the only likely, reasonable reason for a refund to be requested, and we automatically refund or credit in these circumstances. Therefore, we consider that any Disputes or Chargebacks that you initiate with your payment processor (bank or credit card company) are unfounded. In order to prevent losses, if you initiate a Dispute or Chargeback against a payment made for a FRAG Service, we will automatically suspend all of your FRAG Services until the situation is resolved. We will provide all necessary information to the payment processor that indicates that your FRAG Services were delivered as advertised, and we may seek to recover damages and losses from you as a result of the Dispute or Chargeback. If a payment processor decides a Dispute or Chargeback in your favour, we consider the FRAG Service to be cancelled, and any related data will be automatically deleted. At our discretion, we may prevent your account from placing future orders.
11. Intellectual Property
You are not allowed to upload, transmit or store content for which you do not own or have the rights to use, or that infringes the intellectual property rights of another individual or company.
This includes, for example, uploading copyrighted music, movies or games to your FRAG Services, or naming your server after a famous, trademarked brand.
If somebody alleges that you are using FRAG Services to infringe the rights of someone else, we will as soon as possible disable access to the alleged infringing content. How we choose to do this is at our discretion, but usually we'll have to suspend access to your FRAG Services. We will also notify you by e-mail and on our Website's control panel. You may contest the infringement accusation by e-mail, and we will forward any messages from you to the third-party that alleged the infringement.
Repeated and/or severe infringements of other people's rights may result in a permanent loss of access to all of your FRAG Services in accordance with the "Violating these Terms of Service" section below.
12. Term and Cancellation
This agreement is in effect for the duration from when you begin using FRAG Services, until either:
- You provide us with written notice to email@example.com that you would like to cancel your FRAG user account, at which point we will delete all of your user account data, including servers and server data. We will provide written confirmation when this has been completed, usually within 3 business days.
- We terminate your FRAG user account as a result of a violation of this agreement.
13. Warranty and Liability
To the extent permitted by law, FRAG Services are provided "as is," without any warranty. FRAG will not be held liable for any form of loss relating to or arising from the use of FRAG Services.
14. Consumer Rights
FRAG is based in Australia, which means that purchases may be subject to Australian Consumer Law.
While we conduct business from Australia, however, the FRAG Services are located in places outside Australia, and you might also be located outside Australia. Because of this, we suggest that you consult a local lawyer to determine which, if any, consumer provisions and protections will apply to you in regard to your use and/or purchase of FRAG Services.