1.Refund and Disputes
2.Disclosure to Law Enforcement
3.Service Rates
4.Payment
5.Payments and Fees
6.Failure to Pay
7.Account Cancellation
8.Subscriber Acknowledgment
9.New Domain Accounts
10.Transfer of Domains
11.Support Boundaries
12.SPAM and Unsolicited Commercial E-mail (UCE)
13.Violation of MainStreamGaming.com's SPAM policy
14.Game Server hosting rules
15.Bandwidth and Disk Usage
16.First violation
17.Private server rules
18.Second Violation
19.Suspension of Service or Cancellation
20.Miscellaneous Provisions
21.Responsibility for Content
22.Customer Responsibility
23.IMPORTANT NOTICE
24.Process Limit
25.Denial of Service Information
26.Slander
1. Refund and Disputes
All payments to MainStreamGaming.com are non-refundable. This is strictly enforced.
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2. Disclosure to Law Enforcement
Illegal activities are STRICTLY forbidden on or displayed at servers/services provided by MainStreamGaming.com(MSG). Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition MSG shall have the right to terminate all service set forth in this Agreement.
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3. Service 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 the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
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4. Payment
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service. All accounts and services are automatically renewed on the anniversary date. The above applies to all accounts and services provided by MainStreamGaming.com.
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5. Payments and Fees
Credit cards that are declined for any reason are subject to a $10.00 declination fee and are subject to service interruption. Service interrupted for nonpayment is subject to a $10 reconnect charge. Accounts not paid within 3 days of the due date are subject to a $10 late fee. Accounts that are not collectable by MainStreamGaming.com may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
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6. Failure to Pay
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
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7. Account Cancellation
All requests for canceling accounts must be made in writing with at least 48hrs prior to the due date. To cancel a service please open a support ticket in the Billing/Support area. https://MainStreamGaming.com/clients. It is the users responsibility to ensure all subscriptions have been terminated, canceling your account with Mainstream Gaming does not automatically cancel your PayPal subscription. Please see Cancel Subscriptions for more information.
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8. Subscriber Acknowledgment
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
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9. New Domain Accounts
All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee. If the domain is registered by MainStreamGaming.com, Inc. on behalf of the account holder a handling fee may be incurred.
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10. Transfer of Domains
New web hosting accounts which involve the transfer of a domain from another provider to MainStreamGaming.com, Inc. will require a minimum of seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by MainStreamGaming.com, Inc. on behalf of the account holder a handling fee may be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.
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11. Support Boundaries
MainStreamGaming.com, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: MainStreamGaming.com provides support related to your server or virtual site physical functioning. MainStreamGaming.com does not offer tech support for application specific issues such as cgi programming, html or any other such issue. MainStreamGaming.com does not provide technical support for YOUR customers. If you can e-mail, we encourage you to e-mail support@MainStreamGaming.com for assistance. If you are able to get online and have other questions, the answers may be on our FAQ page: www.MainStreamGaming.com, and then go to the FAQ page- we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before filling out a support ticket at our help desk/ticket system. MainStreamGaming.com holds the right to deny or refuse technical support for any reason.
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12. SPAM and Unsolicited Commercial E-mail (UCE)
MainStreamGaming.com takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of MainStreamGaming.com may not use or permit others to use our network to transact in UCE. Customers of MainStreamGaming.com may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
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13. Violation of MainStreamGaming.com's SPAM policy
Violation of MainStreamGaming.com's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, MainStreamGaming.com will initiate an immediate investigation (within 48 hours of notification). During the investigation, MainStreamGaming.com may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, MainStreamGaming.com may, at its sole discretion, restrict, suspend or terminate customer's account. Further, MainStreamGaming.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. MainStreamGaming.com will notify law enforcement officials if the violation is believed to be a criminal offense.
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14. Game Server hosting rules
You are not allowed to host anything in your game server FTP that has nothing to do with the game server it self, or else your account will be suspended without refund. (ex. Warez, pics, etc.) All HLTV recordings must be stored on an off site server or location. No backups of any type are allowed to be hosted off of Mainstream Gaming's game servers. Please use your web hosting account for such tings.
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15. Bandwidth and Disk Usage
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). MainStreamGaming.com will monitor Customer's bandwidth and disk usage. MainStreamGaming.com shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in MainStreamGaming.com's sole and absolute discretion. If MainStreamGaming.com takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, MainStreamGaming.com may, at its sole discretion, collect a deposit, in an amount determined by MainStreamGaming.com, against customer's credit card on file with MainStreamGaming.com.
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16. First violation
Any User, which MainStreamGaming.com determines to have violated any element of this TOS, shall receive an e-mail, warning them of the violation. The service may be subject at MainStreamGaming.com's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
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17. Private server rules
If you order a private server and the password is removed at any time, your account and server will be suspended without refund without notification until after it is done. Also, the password must NOT be given out on a forum, web site, e-mail, or any other type of communication which will reach the public, not including your private clan area's. Your server comes preset with specific rates, it is forbidden to alter the preset tick rates or FPS rates.
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18. Second Violation
Users that MainStreamGaming.com determines to have committed a second violation of any element of this Acceptable Use Policy or Terms of Service shall be subject to immediate suspension or termination of service without further notice.
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19. Suspension of Service or Cancellation
MainStreamGaming.com reserves the right to suspend network access to any customer if in the judgment of the MainStreamGaming.com network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which MainStreamGaming.com chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
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20. Miscellaneous Provisions
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
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21. Responsibility for Content
You, as MainStreamGaming.com's customer, are solely responsible for the content stored on and served by your MainStreamGaming.com server.
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22. Customer Responsibility
As a customer it is your responsibility to make backs up any and all files on MainStreamGaming.com servers. If service is interrupted (Something we did, not something you did) you will be refunded for the time the server was down. As you know we do not make backups of our customers sites/servers. If one of our servers go down and you don't make backups, Your web page/server files will be lost. So please make backups of everything.
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23. IMPORTANT NOTICE
*All Payments To MainStreamGaming.com Are Non-Refundable*
MainStreamGaming.com ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of MainStreamGaming.com service constitutes acceptance and agreement to Mainstream Gaming's TOS (Terms of Service). All provisions of this contract are subject to the TOS (Terms of Service) of MainStreamGaming.com.
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24. Process Limit
When ordering from MainStreamGaming.com, on any public or private game servers. Your server comes preset with specific rates, it is forbidden to alter the preset tick rates or FPS rates. You only get 1 process. Any plug-in or addon that takes more then 1 process is an extra $5 per month per process. Plug-ins like HonksBot (Live IRC Server Bot) takes an additional 2 process's. To run this plug-in it would be an extra $10 per month. Other known plug-ins are HLPingBooster. These plug-ins and any like it are NOT ALLOWED! If at anytime you run one of these plug-ins, it will be taken as a TOS violation & your services will be suspended/canceled without notice. At this time you will not get a refund. Your servers are not allowed to eat more then 20% CPU. If your server jumps over 20% CPU usage it's alright as long as its not for an extended amount of time.
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26. Denial of Service Information
In the event of a DDoS (Denial of Service) attack from or to a client of Mainstream Gaming, all services will be suspended as the attack is investigated. If in any instance we find the attack was from one of our clients it will result in IMMEDIATE termination of all services without notification or refund. If the investigation was found to be from an outside source, the services will be un-suspended.
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27. Slander
In the event any client of MainStreamGaming.com spam's public slander by means of a web site, forums, IRC, Any live broadcast, or any other means of public slander, your services will be suspended or terminated without warning as well as any bans we feel needs to be in place.
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