GameScape.com is owned and operated by Big Electronic Network, Inc.
Included on this page is a basic understanding of our company policies.
It is the customer's responsibility to keep up to date with this
page. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE
SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE
TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE
TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
RESPONSIBILITY GUIDELINES
Company Responsibilities
Insure that your service experience is pleasant and all your customer
related needs are addressed. For hosting purposes, we monitor our
networks and systems 24 hours a day 7 days a week.
Payments and Paying for Service
Payment Terms
A billing month is based on a 30 day period. All service payments
must be made before service is rendered. Payment for service beyond
your first payment must be made on or before you next billing date.
If at any time you have questions about when your next bill is due,
you may email the staff
of this site. If you do not renew your service before your renewal
date, it will be automatically deactivated.
Service Changes
You may change, upgrade or downgrade your service at anytime.
Additional fees may apply for service upgrades if you are upgrading
service in the middle of your current billing cycle.
Canceling Service
You must give a 15 day notice before your next billing
period to avoid additional service charges. Upon canceling, your
service will continue until your current billing period ends. Any
uncollected balances must be paid when you cancel. All collections
for unpaid balances are sent to a collection agency for collection
on said account.
SERVICE LEVEL AGREEMENTS AND REFUND POLICIES
Refunds
You are eligible for a refund if we do not maintain 95%
hardware or network uptime for our servers based on a 30 day period
for the system your on which your service is hosted, or we are unable
to correct or fix service related issues that are a result of no
fault of your own. You are then eligible for a prorated refund.
We will not issue refunds that are due to ping issues with you or
your server members. Since there are so many ways to travel on the
internet, it is impossible for anyone to guarantee internet ping
times. We do our best to host our services on the best bandwidth
quality as possible. All refunds are based on a prorated remainder
of your service time and may only be requested by emailing
Big Electronic Network, Inc. staff.
You are not eligible for a refund for any scheduled maintenance
that Big Electronic Network, Inc. performs regarding upgrading,
patching or securing its servers.
Service Credits
We will credit your account if your server is down for a period
of time of more than 8 hours in any given day due to our hardware
or network issues. Credits will be determined by our staff at the
time of the issue and will be credited directly to your paypal account
once the issue is resolved. Service credits may not be paid in cash,
or refunded to credit cards.
NO Warranties Provided by Big Electronic Network, Inc.
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY
IS EXPRESSED OR IMPLIED.
Big Electronic Network, Inc. exercises no control whatsoever over
the content of the information passing through Big Electronic Network,
Inc. servers. Use of any information obtained via Big Electronic
Network, Inc. servers is at User's risk. Neither Big Electronic
Network, Inc. nor any of its affiliates, its licensers, its contractors
or their respective employees warrant that the service will be uninterrupted
or error free, nor does Big Electronic Network, Inc. make any warranty
as to the results from use of the service.
YOU ASSUME FULL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE
AND THE INTERNET BY YOU AND YOUR AUTHORIZED USERS. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTIES OF ANY KIND. NEITHER Big Electronic Network, Inc. NOR ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY
INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE VIA THE SERVICE
IS FREE OF VIRUSES, WORMS, CANCELBOTS, TROJAN HORSES, OR OTHER HARMFUL
COMPONENTS. Big Electronic Network, Inc. MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE,
NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION
OR SERVICE PROVIDED THROUGH Big Electronic Network, Inc. SERVERS OR ON THE INTERNET
GENERALLY. NO ADVICE OR INFORMATION GIVEN BY Big Electronic Network, Inc., THEIR EMPLOYEES,
AFFILIATES OR CONTRACTORS SHALL CREATE A WARRANTY.
Big Electronic Network, Inc. SHALL NOT BE LIABLE FOR ANY COSTS
OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM USE OF THE SERVICE.
IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS,
AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, AND OTHER INFORMATION,
AND THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED
THROUGH THE SERVICE OR ON THE INTERNET GENERALLY.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL Big Electronic Network, Inc., ITS AFFILIATES,
ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR
CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF
OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY
PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES
OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT
FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS,
DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION
OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT,
WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE
OF ACTION, IN THE EVENT Big Electronic Network, Inc. IS FOUND LIABLE
UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, Big Electronic
Network, Inc.'s LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE
OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT
TERM.
If User is dissatisfied with the service or with any terms, conditions,
rules, policies, guidelines or practices of Big Electronic Network,
Inc. in operating the service, User's sole and exclusive remedy
is to discontinue using the service.
Big Electronic Network, Inc. to be Held Harmless
Customer agrees that it will protect, indemnify, save and hold Big
Electronic Network, Inc., harmless from any and all stipulations,
liabilities, losses, expenses and claims, as well as reasonable
attorney's fees assessed against Big Electronic Network, Inc., its
agents, customers, officers, employees and administration that may
arise or result from any service provided or performed or agreed
to be performed or any product sold by it's customers, agents, employees
or assigns. Customer agrees to defend, indemnify and hold Big Electronic
Network, Inc. harmless against liabilities arising out of
- any injury to person or property caused by any products sold
or distributed in association with Big Electronic Network, Inc.
services
- any material furnished by customer infringing or allegedly
infringing on the proprietary rights of a third party
- copyright violation and any defective products sold to a customer
from Big Electronic Network, Inc..
ADDITIONAL TERMS
Pricing Subject to Change
Prices are subject to change without notice at anytime. You will
be subject to those price changes when your service renewal comes
up.
Upgrades and Patches
We will patch and upgrade our server's as needed.
The service we offer
may not be rented, or transferred to anyone without express permissions
being given in advance by Big Electronic Network, Inc..
Big Electronic Network, Inc. is not held responsible for any kind
of health issues that may occur in regards to any service we provide.
Big Electronic Network, Inc. will not in any way be held responsible
for any damages your person/business may suffer. Big Electronic
Network, Inc. makes no warranties of any kind, expressed or implied
for services we provide. Big Electronic Network, Inc. disclaims
any warranty of merchantability or fitness for a particular purpose.
This includes data loss resulting from delays, non-deliveries, wrong
delivery, and any and all service interruptions of any kind caused
by Big Electronic Network, Inc. and its employees. Big Electronic
Network, Inc. reserves the right to amend or update these policies
without notice. Failure to follow any terms and conditions may result
in account deactivation.
Failure to Comply
Failure to comply with all current and future Terms of
Service Agreements can result in termination of your account and/or
service interruption. We will immediately shutdown a server if we
find your server is in violation of our Terms of Service, until
the account holder insures us his/her game server does comply with
our Terms of Service. If a user has excessive violations then his
account can be terminated with no refunds. If you have questions
about our TOS please send an e-mail to any of the Big Electronic
Network, Inc. staff.