TrigoHost.com Terms Of Service Agreement. Terms of Service (TOS) The TrigoHost.com Terms of Service (this " Agreement ") govern your purchase and use of all TrigoHost.com (collectively, the " Services "), as described in the Order Form(s) submitted by you and accepted by TrigoHost.com. You must register and accept the terms of this Agreement in order to use the Services. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. TrigoHost.com may modify any of the terms and conditions contained in this Agreement, at any time in its sole discretion. Any modifications are effective upon posting of the revisions on the TrigoHost.com web site (the " Site "). Your continued use of the Services following TrigoHost.com posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify TrigoHost.com of your termination of this Agreement by submitting a support request through the TrigoHost.com online support center as outlined in section "payments/cancellations". Customer Information The customer agrees to provide accurate information when registering for service on the TrigoHost.com website. Any falsification of registration information with the intent to deceive will render all obligations TrigoHost.com has towards the customer null and void. Any change of contact information must be edited by the customer in their profile in the members section of the TrigoHost.com web site. Usage of Services offered by TrigoHost.com General Terms and Conditions In consideration of use of the Service, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and (2) to maintain and update this information to keep it true, and complete. If any information provided by you is untrue or incomplete, TrigoHost.com has the right to terminate your service and disallow you from subscribing to any other services provided by TrigoHost.com. TrigoHost.com reserves the right to cancel the customer’s service at any given time if we have any suspicion of them not abiding to this terms of service agreement. Pricing 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 TrigoHost.com may prospectively change the specified rates and hosting / server accounts from time to time on its Web site. Any Subscriber who has signed up at a certain monthly pricing rate and hosting / server specification size will remain on that pricing/specification for a time period of at least six months from signup. Of course, you may upgrade/downgrade to a new hosting / server offer during this time, if required. Our advertised plans may increase or decrease in price at anytime depending on the current market. TrigoHost.com will make a best effort to communicate any changes in pricing or packages to the customer and make this information available on the TrigoHost.com website. Payments & Cancellations All payments are due before service begins. Service payments are expected on or before their due date. Since service suspensions and termination of service is handled by our automated systems, requests to cancel your service will be honored only if made through the TrigoHost.com Support ticket system. The owner of the server can only make this cancellation; upon request the cancellation will be instant. If server has not been cancelled and payment continues due to the automatic billing system no refunds will be placed. TrigoHost.com requires a seven (7) day written cancellation notice prior to the start of the next billing cycle for discontinuance of service which also include downgrades of services. Failure to supply the requisite seven (7) days written notice of cancellation will result in a full billable monthly cycle prior to cancellation. You authorize TrigoHost.com to charge your credit or debit card to pay for any charges that may apply to your account. You must notify TrigoHost.com of any changes to your card account (including, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit TrigoHost.com from charging your account. Your failure to fully pay any fees and taxes within 72 hours from the applicable due date is a material breach of this Agreement, justifying TrigoHost.com to suspend its performance and terminate this Agreement. If TrigoHost.com terminates for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts you owe to TrigoHost.com under this Agreement. You are responsible for any costs TrigoHost.com incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees. Refunds & Disputes All services rendered by TrigoHost.com are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside our secure Customer portal located at https://www.TrigoHost.com/billing. Customer agrees not to dispute any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of $150 and will be subject to recovery by an authorized collection agency. Re-Activation Any servers terminated for non-payment and then re-activated will be subject to a $10.00USD charge, if the server has been terminated for over 7 Days, the regular setup fee will apply. Dedicated machines will be charged a $25.00USD fee for re-activation. Server Inspections TrigoHost.com reserves the right to inspect the customer’s services at any time to ensure they are in accordance to the terms of service agreement outlined here. Personal Folders Any personal folders found on shared game server accounts or redirect accounts will be deleted without notice and a warning will be issued. If subsequent occurrences are discovered a $20.00USD penalty fee will be incurred. Server Maintenance Server maintenance for shared Game Server and Voice Server customers will be performed by TrigoHost.com staff. All maintenance announcements will be posted in the Customer Forums at least 24 hours before any scheduled maintenance is to be done. In the case of emergencies we will make a best practice effort to inform you of the nature of the maintenance as it's happening. Server Uptime Customers are responsible for their server’s uptime. If the customer’s server happens to be down they should reboot the server from the Control Panel Software provided by TrigoHost.com or contact the support staff through the online support desk. Although TrigoHost.com staff does monitor the dedicated servers regularly, we cannot monitor each and every game server. On most occasions our Control Panel Software will reboot your game server if there is a crash but sometimes this is not the case, if the server has not rebooted please contact the support team. Server Modifications All modifications of the stock shared game server provided are installed at the clients own risk. Server crashes or down time caused by the server modifications is the customers responsibility. TrigoHost.com will not provide refunds for downtime as a result of improperly installed modifications. Server Bots TrigoHost.com reserves the right to limit the use of server bots if resource usage impacts other users on the shared game servers. Service Add-on uninstalls TrigoHost.com reserves the right to uninstall or remove any file, server patch or modification that causes or may cause degradation in system performance, increased vulnerability of the TrigoHost.com servers, or effects the overall quality of service for other customers. Please check with TrigoHost.com Tech Support staff before hand to ensure that your mod qualifies to TrigoHost.com standards. General Use While in/using any machines, servers, or services offered by TrigoHost.com, you may not: Engage in any activities that would cause excessive distress or slander upon any other person; transmit or copy any data that is not owned, licensed by you, or is obscene or racially/ethically objectionable. Hacking Any customer caught Hacking TrigoHost.com servers/equipment will have their service terminated and will not receive a refund. This includes hacking the routers, switch's, or operating systems on the machines themselves, or through any other type of access (such as FTP, Telnet, SSH, etc). (Hacking will be determined as attempting to access any system or subsystem you are not given express consent by TrigoHost.com to access.) Limitations of Support TrigoHost.com will provide support for any server related problems and will assist with 3rd party addon's installed for use within the TrigoHost.com Control Panel. Customers wishing to install mods or plugins not found within the Control Panel "Mods" menu do so at their own risk. (see above "Server Modifications). IRC We do not allow use of IRC Servers to be operated on any of our systems. Anyone who is found running an IRC server could result in termination of services. The use of IRC Reporters for the purpose of collecting stats is acceptable. Data: TrigoHost.com agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership. Electronic Signature: Acceptance of the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process. Guarantees of Service offered by TrigoHost.com Network Uptime Our upstream providers offer us a 99% uptime. This means we guarantee the networks we connect to to be available 717 hours out of 720 hours a month (based on a 30 day month) or no more than 3 hours of network downtime a month. Machine Uptime TrigoHost.com Reserves the right to have machines down for scheduled maintenance 3 hours a month and unscheduled maintenance 3 hours a month. This does not include downtime for support related issues initiated by the client. For hardware failure we reserve the right to have 24 hours a month for dealing with hardware failure on machines. This includes any downtime for hardware failure on such machines as the web servers and voice machines. Server Config Related Downtime TrigoHost.com offers no guarantee of uptime where the configuration of the game server instance itself is the cause of the downtime. We will however work diligently to get it running again if such downtime occurs. While we do monitor game servers for uptime, it is the customer's responsibility to report any down server issues to us where the cause is misconfiguration. All reports should be logged via the TrigoHost.com online support desk. Server Config Related Downtime If a game server is down for longer than the time limits specified above the compensation is a 1:1 ratio in days. So if the server is down for 25 hours due to hardware failure we will offer 2 day compensation. To receive 3 days the server would have to be down for over 48 hours, etc.... Failure to comply Failure to comply with the Terms of Service will result in termination of the customer’s Service without refunds. We reserve the right to update this document at any time. (Please see date below) Acknowledgements By User Computer and Network/Internet Faults: You the user acknowledge that computer and network systems are not fault free and there may be times when these systems experience interruptions and downtime (unavailability). TrigoHost.com does not guarantee uninterrupted service though does make compensation for certain types of interruption as listed earlier in this document. The user agrees that he/she/they shall make no claim of breach of contract for any such interruption. Copyrights/Trademarks: The user acknowledges that all copyrights and trademarks (registered and unregistered), intellectual property, design rights (registered and unregistered), in the website, the machines and the game servers belongs to TrigoHost.com and the user shall not infringe on any of those rights. This includes copying, distribution and/or modification without prior written consent from TrigoHost.com. The user acknowledges that certain material is supplied under license and that such property rights are owned by the licensor. Communication: The user acknowledges that they shall not use any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, racial, sexually oriented, or otherwise objectionable material in communication with TrigoHost.com staff, post such material on the TrigoHost.com forums, or have such material on their servers and or web sites. TrigoHost.com reserves the right to remove any such material it finds objectionable and/or terminate service of the offender. Liability: IN NO EVENT WILL TrigoHost.com BE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, DATA OR GOODWILL WHETHER INCURRED OR SUFFERED AS A RESULT OF UNAVAILABILITY OF THE SERVICES, PERFORMANCE, NONPERFORMANCE, NEGLIGENCE, TERMINATION, BREACH OR ACTION OR INACTION UNDER THIS AGREEMENT EVEN IF CLIENT ADVISES TrigoHost.com OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION ON LIABILITY, HOWEVER, SHALL NOT RELIEVE TrigoHost.com FROM LIABILITY FOR DIRECT DAMAGES ARISING SOLELY OUT OF TrigoHost.com GROSS NEGLIGENCE OR WANTON OR WILLFUL MISCONDUCT IN PERFORMANCE OF THE HOSTING SERVICES. -------------------------------------------------------------------------------- Acceptance of Terms The user of any TrigoHost.com service, agrees to be bound by these terms and services. Failure to accept these terms and services means the user does not have permission to access any services offered by TrigoHost.com and must cease use immediately. By logging into or otherwise using any services offered by TrigoHost.com the user consents to all terms and conditions of said service. Last Updated January 27, 2008 12:44 PM.