Terms of Service and Acceptable Use Policy
When purchasing products or services form Hostile Contact, the purchaser must provide complete and accurate information about his/her name, address, phone number, and e-mail address.
Account Activation and Server Setup
Accounts will be setup within one (1) hour after we have received payment verification. This also depends on the type of service ordered as some game servers require more time to install. Dedicated servers have a 24 to 48 hour setup period. You must provide a valid email in order to receive account login information. The use of the Hostile Contact website or services constitutes acceptance to the Terms and Conditions. Customers under the age of 18, agree that all Terms and Conditions will be viewed by the legal Parent/Guardian.
Cancellation of Service
Cancellation requests must be submitted NO LESS THAN 24 hours before your invoice is due, otherwise the cancellation request may not be processed in time to stop the auto-payment process. Should a cancellation request be received with less than 24 hours notice, there is no guarantee the cancellation will go through in time to stop an automated payment to your invoice. Should payment be applied to the invoice because the Cancellation Request was not received with the proper notice, the payment is non-refundable. If the Subscriber submits payment using PayPal Subscriptions, the Subscriber acknowledges that it is solely the Subscriber’s responsibility to cancel the PayPal Subscription and any funds sent to us because the PayPal Subscription was not canceled are non refundable. For domain name purchases; options for domains including but not limited to SSL Certificates, ID Protect, etc.; hardware and software upgrades or add ons.. All requests for canceling accounts must be performed by submitting a ticket with the title Request Cancellation within our Billing Application (at http://www.portal.hostilecontact.com). Services canceled before their Renewal Date will not be eligible to receive a credit for unused time. Resellers: You also must cancel all Clients and Servers out of all Control Panel(s) to avoid being responsible for the upcoming month’s charges. All Dedicated server cancellations must be received 7 days before the next due date there are no exceptions to this rule. If the request is made within the 7 day window the current invoice may be charged.
Temporary interruptions of services may occur as a result of third parties, such as Data Center failures and network outages; Hostile Contact is not liable for these types of interruptions. In addition, Hostile Contact will not be liable for loss of service, if such loss is beyond our reasonable control. This includes but is not limited to, acts of God, fire, explosion, vandalism, terrorism, storm damage, and national emergencies.
Services provided by Hostile Contact are intended for legal purposes only. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene,
You agree that until and unless you notify Hostile Contact of your desire to cancel any or all services received, those services will be billed on a recurring basis and should be paid within the 5 days of notification. If you wish to cancel please contact our billing department. Billing©HostileContact.com We reserve the right to change the monthly payment amount and any other charges at anytime. If payment is not paid on time we have the right to remove any of the contents on your account, and will not be liable for any loss of content or income.
Backups and Data Loss
Your use of the service is at your sole risk. We are not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on our servers.
Any user found to be abusing the service may be terminated without prior notice.
The following resource limitations apply:
- Using any software that interfaces with an Internet Relay Chat network is prohibited.
- Modify any services that will provide increased capacity or performance for the customer is prohibited. This includes but is not limited to changing tick rates, increasing the maximum allowed players, or increasing data transfer rates.
- Game server configurations which use mods or plugins that require an excessive use of resources, CPU, RAM, or Bandwidth may be removed without warning.
- Bots can be demanding on server resources, currently we do not limit the number of Bots per server. However we do reserve the right to reduce the number of Bots allowed without notice.
Bandwidth Usage Dedicated Servers Only
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the
account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Hostile Contact, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or
any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless any liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with us; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Hostile Contact game Servers.
We will not be responsible for any damages your business may suffer. We make no warranties of any kind, expressed or implied for services we provide. We disclaim any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by us and our employees.
We will host any game that has dedicated server files or has the ability to be hosted by private Game Server Providers. Some ranking restrictions will apply. We strive to keep all of our game server prices at a rate which is both fair and competitive at all times, however due to resource utilization we must at times price some products differently to others based on their consumption.
Changes to the TOS and AUP
We reserve the right to revise policies and pricing at any time without notice.
Violations of the Terms of Service and Acceptable use Policy
Users who violate systems or network security may incur criminal or civil liability. Hostile Contact will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Hostile Contact reserves the right to suspend/close any accounts with/without any prior notice or at their discretion.
Violations may result in the following:
A formal warning.
Suspension or removal of one or all of a Customer’s Services.
Additional charges to a customer’s account and/or early termination of customer’s server.
Limitation of Liability
IN NO EVENT WILL HOSTILE CONTACT 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 HOSTILE CONTACT OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION ON LIABILITY, HOWEVER, SHALL NOT RELIEVE FROM LIABILITY FOR DIRECT DAMAGES ARISING SOLELY OUT OF HOSTILE CONTACTÃ¢â‚¬â„¢S GROSS NEGLIGENCE OR WANTON OR WILLFUL MISCONDUCT IN PERFORMANCE OF THE HOSTING SERVICES.
INTELLECTUAL PROPERTY NOTICE
“America’s Army”, “Honor”, and “America’s Army Honor” and their corresponding logos are copyrighted and/or trademarked by the Department of the Army. Logos and/or marks may not be used without expressed written permission from Pragmatic Solutions, Inc. or the Department of the Army respectively.
Server support is provided through email, by submitting a support ticket, VOIP using Ventrilo, LiveChat, or Phone. We provide 100% support for basic game server installs. We will make every effort to support Mods, Bots, and custom files, but they are not guaranteed and are not covered by this support agreement. All Mods, Bots, and custom files are installed at your own risk. We will not honor server refunds for poor performing servers running Mods or Bots if it is our determination that the poor performance is a result of the installation of a Mod, Bot, or custom file.