IconGamer Terms of Service

In General


This Terms of Service is applicable to IconGamer Customer's only. Visitors of IconGamer.com can find out more information about IconGamers Terms of Use describing each website user's rights and obligations. This document covers the Terms of Service with IconGamer

IconGamer (Netarus, LLC) wishes to provide our customers with a positive web hosting experience. To accomplish this, all customers need to follow the same rules and guidelines. These policies are intended to maintain IconGamer Internet's high quality level of services and make them available to all our customers on a fair, consistent and efficient basis. This document is specific only to IconGamer's hosting.  For other Terms of Service documents, please email us as sales@IconGamer.com for more info.  For web hosting packages obtained through IconGamer.com, these terms of service are also bound by the web hosting terms of service agreement located at http://www.netarus.net/terms_of_service.php

Game Server on Demand Guarantee


IconGamer guarantees that all Game Servers on Demand will come online within 5 minutes after their designated start time or the entire amount of the Game Server on Demand rental will be refund. A maximum of $20 is applied per incident. If the game server does not come online due to a misconfiguration issue caused by the customer, this will immediately invalidate the customer from being eligible for the refund. IconGamer reserves the right to refuse or apply any refund to a customer's account on a case by case basis. Refunds will only be given one time for each credit card payment processed.

By accepting web hosting services from IconGamer, you acknowledge your acceptance to be bound by these terms and conditions. If you do not agree to these terms and conditions, please follow the steps described in Cancellation of Service below.

Limitations of Web Support


IconGamer is providing web hosting to all monthly IconGamer customers as a benefit to their service. This does not apply to "Game Server on Demand" customers. Please refer to Netarus Terms of Service.  Web accounts are not to be used for public file mirroring unless prior written permission is granted by Netarus, LLC.  No guarantees neither express nor implied are given for any promotional or free Netarus Web Hosting packages.  All Netarus Web Hosting that were created through IconGamer are terminated when the IconGamer account associated with that domain is terminated.

Gaming Server Limitations


Gaming Server accounts with locked limit sizes (ie: Unreal Tournament, Tribes, Tribes 2, Metal of Honor, etc) will be subject to immediate cancellation and forfeiture of all prepaid dues if those player limit sizes are increased in size for any period of time and by any means by anyone other than IconGamer and its employees. These limitations do not apply to bandwidth-based accounts such as those for specified MMORPG platforms. The following are specifically not permitted, however, not limited to:

1) Increasing the bit rate or choke limit per user beyond the default settings is not permitted.
2) Using the file storage on the game server for files other than MODs or components specific to your game.
3) The use of bots or other computer generated or virtual users are strictly prohibited on all servers.
4) Using or hacking the server to perform anything other than what the server was intended to do. This does not include MODs approved by IconGamer.

Private passworded server accounts will be subject to immediate cancellation and forfeiture of all prepaid dues if that server is unlocked and unpassworded for any period of time by anyone and by any means other than IconGamer and its employees. Passworded server accounts will also be subject to immediate cancellation and forfieture of all prepaid dues if the server password is made public knowledge including but not limited to posting on publicly accessible forum(s), website(s), or chat rooms, and are not to be used for any type of public function such as a Lan or "pick-up" gaming situation. This package has been setup to allow those individuals who wish to have a server for practice and competition purposes only. Private servers should never be given access to anyone outside of your clan, tribe, group, or league. IconGamer and Netarus, LLC reserves the right to change or update the disqualifications or forfeiture of your account anytime. Prior notice will be posted to the billing and support area of IconGamer. Violation of anything deemed by IconGamer as malicious shall qualify for immediate cancellation and forfeiture of all prepaid dues.

Use of Third Party Server Control applications


IconGamer neither supports third party server control applications, nor is it responsible for damage to server files from the use of such applications. Server files having to be repaired or reloaded due to use of third-party applications may result in the account holder being charged the standard server setup fee at the discretion of IconGamer if the situation becomes persistent. IconGamer will not be held liable for loss of any data due to the usage of third party applications, and no refunds will be made for server downtime due to the use of those applications. IconGamer reserves the right to charge a fee to resolve any issues associated with customer installed third-party applications such as reinstalling a server. This fee will not exceed $50 per incident and is at the discretion of IconGamer to charge this fee.

Patches and or upgrade packages


IconGamer will only install patches or upgrade packages by the request of the account holder via written consent. Even though IconGamer does monitor the availability of patches and upgrade packages, account holders will be responsible for monitoring the issue of official patches and contacting IconGamer about their installation. IconGamer will not be responsible for damages or any type of undesirable effect due to the installation of any patch or upgrade installed at a customers request.

IP Addresses


IconGamer maintains control and any ownership of any and all IP numbers and addresses that may be assigned to account holders and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses at any time.

Service Rates and Charges


Account holder acknowledges the nature of the services offered, in addition to the initial rates and charges. Account holder understands that IconGamer, from time to time, may prospectively change the rates and charges.

Billing Cycle and Payment


IconGamer can either bill your account directly each month or we can send out invoices on a monthly basis.  Whenever possible, please make use of our PayPal Subscription service or automatic credit card charge system.  We try to give our customers as many options as possible for payment.  We can accept payments via PayPal, credit card, or check. Terms on most accounts are 30 days unless arrangements have been made prior to the current billing cycle.  Payments should arrive on or before the due date, failure to do so will result in a $5.00 delinquency fee. IconGamer accepts payments by check, credit card or PayPal.  Although you may request to make payment by check, a credit card may be required for security and your deposit.

Defaulting On Your Account


The customer understands that if he/she does not communicate in some fashion (phone, email, or fax) with IconGamer for a period over 60 days that IconGamer will consider you to have defaulted on your project/account.  Upon this declaration of default you automatically grant IconGamer the right to charge your credit card for the balance of the project/account at that time including but not limited to design fees, incurred expenses, and past due balances.

Web Site Content


Our web sites may be used for lawful purposes only. While using IconGamer's Services, you may have access to services that allow you to send or post materials ("content") and make that content available to others. You must not submit, publish, or display on our Network any defamatory, illegal, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content in violation of any US laws, Federal, state or local. You are solely responsible for the content you make accessible while using IconGamer's servers and networks. You may not use the service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.

 

IconGamer is not obligated to monitor the network for the purpose of examining customer's content. You hereby acknowledge that if we are made aware of content that is determined to be, in IconGamer's sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, IconGamer has the right, but not the obligation, to edit, remove or deny access to such content. IconGamer may disclose any content or records concerning customer's account as required to satisfy any legal requirement, regulation, government request or court order.

 

Pornography and sex-related merchandising are expressly prohibited on IconGamer servers. This includes implying sexual content, display of nudity, or any link to adult content anywhere else. This is also true for sites that promote illegal activity of any type or content that may be damaging to IconGamer's servers or any other servers on the Internet. Links to such materials are also prohibited. In addition, the sale of or promoting bulk email services are not allowed. Non-acceptable content or links include but are not necessarily be limited to:

 
  • Adult Content Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
  • Pirated Software Sites (Warez) - Any software that is copyrighted and not freely available for distribution without cost; i.e. ROMs, ROM Emulators and MPEG Layer 3 files (MP3).
  • Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
  • Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to Internet sites or providers.

System Security


Customers may not use the IconGamer Networks to attempt in any way to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing any data not intended for the customer, logging into any server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. IconGamer 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. Users who violate system or network security may incur criminal or civil liability.

Use of CGI Scripts


IconGamer accounts come equipped with a pre-configured CGI-Bin. Customers are free to use any CGI-scripts provided with their account or add any additional ones they require. If any CGI-scripts are deemed to be adversely affecting the server performance or the network integrity, they may be shut down without prior notice. CGI-script sharing with domains not hosted by IconGamer is not allowed.

 

Chat Rooms & Conferencing


IconGamer prohibits its customers from installing outside chat rooms on their domain, without the express written permission of IconGamer as these tend to be a resource problem. IconGamer does have Java chat rooms and Conference Centers available for a monthly charge. These were designed to meet the growing needs of customers and function without hindering the performance of the web site servers for others.

 

Internet Relay Chat


IconGamer currently prohibits its customers from operating IRC or IRC Bots on any of our servers. On-line Conference Centers hosted on a separate servers are available for a monthly fee that include IRC compatible chat rooms.

 

Excessive Resource Usage


Any web site or server that uses an excessively high amount of server resources including but not limited to CPU time, memory, and network bandwidth will be given an option of either upgrading their service level or reducing the resource used to an acceptable level. For example, this is particularly applicable to any servers that use bots or artificial intelligence within there servers. Bots are not permitted on any IconGamer servers due to the intensive resource utilization.

Programs Running in Background


Background programs are prohibited unless prior approval is received from IconGamer Internet. IconGamer will consider requests on a one for one basis. approved, extra charges will be assessed based on resource requirements or system maintenance. In addition, IconGamer may impose a $200 penalty for each policy violation.

 

Spamming Not Permitted


You must not use any IconGamer Network, IconGamer's equipment or any IconGamer email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This shall include the sending of unsolicited mass mailings from any other service that in any way implicates the use of the IconGamer Network, IconGamer equipment or any IconGamer email address. A message is considered to be unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. Simply making one's email address accessible to the public will not constitute a request or invitation to receive messages, for purposes of enforcing this provision.

 

When any customer is found to have been engaged in spamming in violation of this agreement, IconGamer Internet reserves the right to disable that customer's web site without warning. In addition, IconGamer may impose a $200 penalty for each spam policy violation. IconGamer solely reserves the right to refuse or cancel service to spammers. IconGamer reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. Such cancellation of services for cause, specifically the reasons provided herein, shall automatically void any guarantee.

 

Obscenity


Violation of indecency and/or obscenity laws is not permitted on IconGamer's networks and can result in criminal penalties.

 

Copyrights and Infringement


Material available to you when using IconGamer's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and/or proprietary information. Except when expressly permitted by the owner of such copyrights, you must not use the IconGamer Service 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 Netarus, L.L.C. Network. If you use a domain name in connection with the IconGamer Service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

 

Defamation Prohibited


Defamatory speech distributed over the Internet can result in civil liability for the defamer.

 

Refusal of Service


IconGamer reserves the right at its sole discretion to refuse or cancel service. Violation of any of IconGamer's Rules and Regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded including during any money back guarantee period.

 

Cancellation of Service


We require a 30 day notice for cancellation.  All invoices must be current and in good standing.  Customer is responsible for site content and all InterNIC issues that may be involved.

To cancel services, you must email sales@IconGamer.com from an email address furnished by you when ordering your service. Include your server name(s), email address, and password for the server you want to cancel.

We cannot accept cancellation requests over the phone.

 

Refund Policy


If you're having problems with our service, and you notify us and we are not able to fix your issues, within 5 days from your start date, you are not 100% satisfied with your service (and we have tired everything to fix your problem but are unable to) you may request a full refund (excluding setup fees). Otherwise Game Servers are on month-to-month contracts and can be cancelled at anytime. Accounts are set to close at the end of your current cycle, charges are not pro-rated. To request a refund you must contact us by submitting a support ticket through your control panel.

This refund policy applies to new accounts only and cannot be granted for issues related to the game code itself (either client or server). There are no exceptions to this policy unless specified in writing by us to the account holder. Refunds issued for downtime due to factors directly in control of the service provider and having being identified by the service provider as the reason for the downtime, are only in the format of a credit towards the next months billing unless specified in writing by the service provider.

If you can no longer join your server because access for your account, IP address or other uniquely identifying piece of information has been denied by any game supported mechanism including, but not limited to, cheat detection; service supported mechanism including, but not limited to fraud protection and intrusion detection; or by official game administrators, their sub-contractors, partners, or affiliates, then you are not entitled to a refund regardless of the time the refund is requested or the balance remaining on your account.

Customers who repeatedly sign up and cancel under this guarantee, presumably in order to avoid their hosting fees indefinitely, will be considered ineligible for the guarantee. It is the responsibility of the client to cancel their services after they been with us beyond the 5 day trial period. Clients have to do so before the next billing date (1 day prior) to avoid being charged for the following month's service. Once the client has been charged by the service provider for services for the following month, no refunds will be issued for that month.

IconGamer and Netarus, LLC to be Held Harmless


Customer agrees that it will protect, indemnify, save and hold IconGamer, a Virginia Business, harmless from any and all stipulations, liabilities, losses, expenses and claims, as well as reasonable attorney's fees assessed against IconGamer, 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 IconGamer harmless against liabilities arising out of;

  1. any injury to person or property caused by any products sold or distributed in association with IconGamer's Services;
  2. any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party;
  3. copyright violation and any defective products sold to a customer from IconGamer Inc's Services.

Disclaimer


IconGamer will not be responsible for any damages your person/business may suffer. IconGamer makes no warranties of any kind, expressed or implied for services we provide. IconGamer. disclaims any warranty or 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 IconGamer and its employees. IconGamer reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.

 

IconGamer furthermore expects that its customers who resell our Internet services to others will fully comply with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate this policy. Finally, IconGamer wishes to emphasize that in accepting services, customers indemnify IconGamer for the violation of any law or IconGamer policy, that results in loss to IconGamer or the bringing of any claim against IconGamer. This means that if IconGamer Internet is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against IconGamer Internet, plus costs and reasonable attorneys' fees.

Should any portion of this Terms of Use Agreement be found to be in violation of any law in any locality, then this agreement shall be deemed to be modified only to the extent necessary to be considered legal and enforcable in such locality only.  IconGamer reserves the right to alter, amend or modify this Agreement at any time upon thirty (30) days notice. No amendment or modification to this Agreement by you shall be valid or binding on IconGamer unless made in writing and signed by all parties.