Terms of Service
The following is the entire Terms of Service ("ToS") agreement between Ready2Frag.com ("ready2frag", "us", "we" or "our") and the personal or corporate account holder ("you", "your", "customer"). By using Ready2Frag’s products and services you agree to comply with our policies.
Ready2Frag can modify or amend this agreement at any time with or without notice to you. This agreement was last modified on October 17, 2017.
Technical Support Boundaries
Ready2Frag provides generally unmanaged support unless otherwise stated. We do supply semi-managed and managed services on certain VPS and Dedicated services, as clearly marked in our order forms and client area. Unmanaged means that we will not set up your server(s) for you, but instead supply assistance with technical errors and any issues caused by our services.
Ready2Frag aims to deploy all shared hosting services (game servers, VPS, web hosting) immediately after payment is received and processed. This comes with the exception of dedicated servers, which we aim to deploy within 48 hours in most cases.
Dedicated Server/VPS Operating Systems
Loading of the operating system listed on the order form in the default configuration will be completed free of charge when deploying your server. Other operating systems may be requested, but we do not guarantee that we will be able to install them. Refunds will not be processed if we are unable to load a custom requested operating system or we are unable to meet custom partition requests.
Bandwidth and Overages
We do not directly limit a client's bandwidth on shared game server services. We operate on a fair-share bandwidth usage policy, and any reasonable usage will be accepted. If there are unusual spikes in network activity to the fault of a shared game server service, an investigation will commence.
VPS and Dedicated services will have a preset monthly transfer limit. Should this limit be exceeded, the client agrees to pay a charge of exactly $0.10 per Gigabyte of usage beyond the preset monthly transfer limit, and the service shall be suspended until the next payment period, the client orders more preset monthly data, or the overage fees are paid.
All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. Ready2Frag reserves the right to change prices with 30 days' notice, unless other terms have been agreed upon. Any invoice which becomes will have a late fee added. YOU are responsible for all fees owed on the account from the time it was established to the time YOU notify Ready2Frag to request for termination of all services. An account termination doesn't forgive debts owed to Ready2Frag and the client is expected to pay these debts plus any court or collection costs that may be applicable. All Ready2Frag accounts are billed on a month to month basis unless otherwise agreed upon.
Promotional Rates and Special Offers
Ready2Frag will occasionally offer promotional rates or specials offers; the terms of which may or may not be more favorable than the terms and conditions for YOUR services. Clients are not permitted to replace a Ready2Frag service with a promotional rate or special offer service. Different promotional fees and special offers may not be combined together.
Intellectual Property Rights
Material accessible to you through Ready2Frag's products and services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use Ready2Frag or its products, services or network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the Ready2Frag network. If YOU use a domain name in connection with Ready2Frag or similar services, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
IP Address Ownership
Ready2Frag shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by Ready2Frag. Ready2Frag reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Ready2Frag reserves the right to refuse service to anyone. YOU may only use Ready2Frag's products and services for lawful purposes and intent, as according to United States federal and New York state law. Our products and services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is illegal in the United States of America, it is not permitted to reside on our products and services. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal thread, or violates export control laws. Example of non-acceptable content or links: "Pirated Warez", OGG, AVI, MPEG, ISO, "Hacker programs or archives", "Copyrighted Digital Movie Copies (DIVX)" and "Unlicensed MP3". The designation of any materials as such described above is left entirely to the discretion of Ready2Frag management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that Ready2Frag may disclose any and all YOUR 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.
Regardless of your location, YOU agree that for purposes of venue this contract is entered in Tomkins Cove, New York and any dispute will be litigated or arbitrated in Tomkins Cove, New York. Defendants further waive all objects to venue and acknowledge that the venue in any such litigation will be held in New York courts. In no event shall Ready2Frag's maximum liability exceed one dollar ($1).
YOU agree that it shall defend, indemnify, save and hold Ready2Frag harmless from any and all demands, liabilities, losses, costs, and claims (including reasonable attorney's fees asserted against Ready2Frag, 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 or service sold by you, your agents, employees or assigns. You agree to defend, indemnify and hold harmless Ready2Frag against liabilities arising out of:
- Any injury to person or property caused by any products sold or otherwise distributed in connection with Ready2Frag's products and services.
- Any material supplied by the customer infringing or allegedly infringing on the proprietary rights of a third party.
- Copyright infringement.
- Any defective products sold to the customer from Ready2Frag's products and services.
Ready2Frag will not be responsible for any damages your business may suffer. Ready2Frag makes no warranties of any kind, expressed or implied for services we provide. Ready2Frag disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-delivers, wrong delivery, and any and all service interruptions caused by Ready2Frag and its employees. Ready2Frag reserves the right to revise its policies at any time. All clients of Ready2Frag must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate account termination.
Ready2Frag reserves the right to deny a refund at any time. As per our new refund policy, the client must have contacted the Ready2Frag support team about the issue and have given the Ready2Frag support team a chance to correct the issue or mistake. Ready2Frag will only offer a full refund on the service, with the prior policies in effect, with the issue having been reported within the first two days (48 hours) of receiving the activated service. Be aware that Ready2Frag staff will ask your primary reasoning for the cancellation and refund of the service, and will ask what we can do to improve our services as a whole. In the event of a Terms of Service or Acceptable Usage Policy violation, all refund requests are automatically void by the client accused of the violation. Additionally, Ready2Frag reserves the right to deny a refund request in the event of an erroneous payment due to the client's failure to cancel an automated subscription.
Certain services are non-refundable, except in case-by-case determined extraordinary circumstances. These include: Dedicated Servers
You (the user) hereby warrant that you are at least 13 years of age and that you have the legal capacity to agree to our Terms of Service, Acceptable Usage Policy, and Service Level Agreement. If you are not at least 13 years of age, you agree to terminate the use of our services and may not use our services until you are of age to enter into the Agreements. Teenagers (ages 13 to 17) must have the direct permission of a parent or legal guardian to purchase or access our services. You agree not to bypass any security features that we have installed to uphold this Agreement. Additionally, we do not assume any responsibility or liability for any misrepresentations regarding a user's age.
All downtime policies are covered by the Ready2Frag Service Level Agreement.