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XstreamGaming Terms of service

Definitions

"We" and "Us” from here on refer to XstreamGaming.

"Clients" or "You" refers to customers or any users of services provided by XstreamGaming.

“law(s)”and “legal”  refer to laws and legal system of England and Wales.

“SLA” refers to Service Level Agreements offered with some products.

XstreamGaming and XstreamGaming.net are trading names of Xstream Networks Ltd. Company no 08121701. Registered in England and Wales and subject to English law.

Registered Office

1 Lowfield Way, Hazlemere, High Wycombe, Bucks, HP15 7TT

General Terms

1) We reserve the right to change the Terms and Conditions in this document at any time. A notice of which will be posted in the forums on our website "http://www.xstreamgaming.net". If existing client's are affected by changes we make, we will endeavour to notify them via email.

2) We reserve the right to refuse service or custom to any party we deem necessary, in accordance with English law.

3) We reserve the right to terminate any service immediately and without refund if XstreamGaming, its staff or its users are subject to abusive behaviour of any kind. This includes but is not limited to swearing, insulting, cursing or threatening using any medium. Including chat, forum, phone or email. This includes but is not limited to using abbreviations such as "ffs"," S*it","fux" , indirect swearing and capitalized shouting such as "YOU".

Prohibited Material

All of the below are prohibited from being used/distributed using or otherwise associated with our services

1) Copyrighted works of any kind - Defined as any in breach of English Law

This includes but is not limited to - Audio, Video, Music, Software including "Warez",

2) Adult material - Pornographic or obscene material. The designation of adult material is at the discretion of XstreamGaming.

3) Any software that is likely to be used for illegal activities such as hacking, cracking or attacking other internet users systems, networks or connections. "Likely" being defined by XstreamGaming.

4) Any activity intended to or likely to lead to a negative impact on other internet users systems, networks or experience such as a DDoS attack.

Service Terms

1) We reserve to right to suspend a service for any overuse of resources above that agreed, such as exceeding a bandwidth limit or data storage limit. The service to be un-suspended upon cleared payment or agreed overage fees.

2) No bots are allowed on our servers unless; a) A member of staff has authorised the use of them, in which case you must only use them in accordance with their instructions. b) The game as standard uses bots (i.e. Zombies on Dayz).

3) We do not backup user data, except where purchased separately from us. We accept no responsibility or liability for any loss of data, regardless of the cause or the person(s) at fault. We recommend that all customers backup any data they wish to keep safe, or purchase a backup product from us.

4) Users of our services must not engage in unlawful, offensive or threatening behaviour. This includes racially or sexually bigoted language.

5) Our services are limited to an agreed limit of users per game or voice server. If a user wishes to change this limit they must contact XstreamGaming, who will make the changes subject to extra payment and or hardware limitations. Any attempt by the user to modify these limits without permission is forbidden and is a breach of these terms and conditions.

6) We reserve the right to cancel or suspend any service if the Terms and Conditions in this document have been breached by the customer. In the case of a monthly billing cycle, this will be without refund. In the case of quarterly, semi-annual or annual cycles this will include a refund of the remaining balance minus one calendar month (for example 7th August to 7th September). If there is less than one calendar month to go in the billing cycle, there will be no refund.

7) We reserve the right to cancel or suspend any service at any time. If the user has not breeched the Terms and Conditions, they will be given a pro-rata refund for the remaining time they have purchased.

8) When purchases are made using PayPal, we agree to abide by PayPal's decision in the event of a Dispute being raised against us. We will consider Paypal's decision final in the event of a PayPal dispute being raised by either you or us.


Cancellations and Refunds

1) All of our products are run on a rolling contract basis. This means there is no obligation for customers to continue beyond the service time they have paid for. Unless a cancellation request or notice is given, an invoice will be automatically generated 14 days before the end of the customers billing cycle. A customer is free to either disregard the invoice or to pay it and add further service time.

2) On a monthly billing cycle we cannot offer refunds. This does not affect your statutory rights . If a customer wishes to stop hosting with us, they can either ignore the next invoice or notify us that they no longer wish to continue.

3)On a quarterly, semi - annual or annual billing cycle a customer may cancel by ignoring the next invoice or by notifying us they no longer wish to continue. If they wish to cancel their product within the billing cycle, we require 1 calendar month's notice (for example 2nd February to 2nd March) of the cancellation. We will refund any positive cash balance that remains after the notice period, if any remains. "Cash balance" does not include credit applied to your account by us.

For example; Customer A makes a purchase on 1st January on a quarterly (3 month) cycle. On 1st February they request a cancellation. Customer A's service is terminated on 1st March with one month (1st March - 31st March) refunded.

2) If offered at purchase, a customer may request and receive a service cancellation and full refund within 5 days of paying for a service from us. No justification is required. This offer can only be used once per customer, per product at the beginning of the first billing cycle. We reserve the right to refuse future custom to individuals who we believe are taking unfair advantage of this offer. This offer is not available with some services. For example; DayZ services.

Setup time

1) Where an instant or automatic setup is offered, the customer is entitled to request a full refund if the service is not setup within 24 hours of cleared payment. Where elements, or all of the product requires manual setup by staff, the customer is entitled to request a full refund if the service is not setup within 1 business day of cleared payment.

Service Specific Terms

1) DayZ

a) XstreamGaming accepts no responsibility or liability for downtime or any other loss due to DayZ or Arma 2 software issues. The mod is in alpha phase of testing and problems are likely to occur. This includes issues caused by a faulty Hive link, where the issue is not directly related to our software or equipment. This also includes 3rd party tools such as Battleye Extended Controls.

2) Counter Strike:GO

a)Users may have no more than 9 bots in their servers. These bots must only be used when there is an active human player on the server. The ConVar bot_join_after_player should always be set to 1 or not set at all. 'Active' is defined as not being "away from keyboard" or otherwise not using the server to play the game.

b)As far as possible we allow users to install and run any modification on the server. However if the modification is causing excessive resource usage or is otherwise causing issues, we reserve the right to insist on the modification being removed. This is at our sole discretion.

Disclaimer

XstreamGaming accepts no liability or responsibility for any loss or damage to any user of its services’, other than any responsibility clearly demonstrated in law. We offer no warranty of any kind for our services, except for those terms clearly laid out in this document or offered with the product. We accept no liability above that offered by us or required by law. This includes loss of data for any reason or cause; service disruptions that are beyond our control or are not unreasonable to expect, or any other adverse occurrence that we do not specifically accept liability for, or have liability with respect to English law.