Terms of Service

Revision date: December 26 2012

All services provided by EmberCore Game Servers ("EmberCore") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless EmberCore Game Servers from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are sites that promote any illegal activity or present content that may be damaging to EmberCore' servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

pirated software
hacker programs or archives
Warez sites

NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE, AND A $50.00 CANCELLATION FEE WILL APPLY. ADDITIONALLY, EmberCore Game Servers WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.

Traffic Usage
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, meaning that 1 mb - 1 gig will be treated and billed as the same.

IRC
We currently do not allow IRC or IRC bots to be operated on our servers.

Server Abuse
Any attempt to undermine or cause harm to a server or customer of EmberCore Game Servers is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of EmberCore Game Servers must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing
By the Account Activation Date of each month, EmberCore Game Servers shall either:

(1) debit the client's credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to EmberCore Game Servers by no later than the specified payment due date. EmberCore Game Servers shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees
Certain services carry a setup fee charged by EmberCore Game Servers to client, which must be paid by client in order to have use of said services. If client terminates this agreement, client shall be responsible for any and all outstanding fees owed to EmberCore Game Servers and agrees to pay any and all fees incurred by client. Because the services are provided on a monthly basis, the client will be responsible for service fees incurred each month, regardless of when client provides notice of termination. Thus, for example, if the client provides notice of termination on the 15th day of a particular month, the client will be responsible for service fees for the entire month, and such fees will not be pro-rated or refunded.

Refund Policy
Refunds for our own Fault
Refunds: Only if we are a fault for standstill/progression of one's service will EmberCore Game Servers refund a prorated amount. Refunds are only supplied for the primary service, we are not entitled to refund product addons, billable items, or fees.

Billing Overpayments
Persons that allow their Billing Gateway (Paypal, Credit Card, Etc) to send money to EmberCore shall not be granted a refund, of any amount, for overpayments (double payments, subscriptions and/or recurring payments) on an account of any status. fee of $10.00 prior to reactivation.

Account Deactivations
Any account deactivated due to uninformed non-payment will require a reactivation fee of $10.00 prior to reactivation.

Cancellation Refunds
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.

Limitation of Liability
EmberCore Game Servers shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from EmberCore Game Servers ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, EmberCore Game Servers shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of EmberCore Game Servers ' servers. All damages shall be limited to the immediate termination of service.

Violations
Violations of these Acceptable Use Policies should be referred to NathanS@EmberCore.com. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.

Disclaimer
EmberCore Game Servers cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by EmberCore Game Servers are resold. Thus, certain equipment, routing, software and programming used by EmberCore Game Servers are not directly owned or written by EmberCore. Moreover, EmberCore Game Servers holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as EmberCore Game Servers sees fit.

Account Activation
By activating your account with EmberCore, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

Server Uptime Guarantee
EmberCore Game Servers guarantees 99% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.

EmberCore Game Servers reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.