When registering or ordering service from this company you the "Customer" are required to keep up to date with changes in our policy and service guidelines. It is your responsibly to read our terms of service completely. If you do not understand any part of our terms please contact us for clarification.
Revisions to this Policy
We reserve the right, at our sole discretion, to change, modify, add or remove any portion of this policy in whole or in part, at any time and in any manner. Changes in this policy will become effective immediately upon being published to our website. As such, we recommend that you periodically check for any revisions of this policy. We do not make any representations about third party web sites that may be linked to the web site.
Definitions
Customer
A person or group purchasing or intending to purchase services with Greenbridge Servers.
Business Entity
The site and/or services of Greenbridge Servers.
Game Server
A single application process hosted on a single internet server over the internet for entertainment and/or recreational purposes.
Hosting
The hosting of your domain name, website, game server or data on a server provided by or through Greenbridge Servers
Network
The website and website services provided by or through Greenbridge Servers;
Material
Includes (without limitation) all forms of communication including data, files, narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings;
Customer Age Restrictions
Customers are required to be over the age of 18 years old. Any person wishing to purchase a server must either be over 18 years of age or have permission from a legal guardian. All actions conducted during the service period are assumed to be conducted by said guardian and will be held accountable for said actions.
Responsibility Guidelines
Business Entity Responsibilities
We are responsible for the maintenance and uptime of our network and hardware, with the intention of performing all maintenance during off-peak periods. We will strive to provide the Customer low ping times based upon the geographic location of Hosting. We will also provide a control panel for the use of the Customer to monitor their own Game Servers and Web Hosting, as well as control their own access to this facility.
Customer Responsibilities
You are responsible for providing Greenbridge Servers with true and current information in regards to registration and banking/payment details. This extends to updating these details if there is a change. You are also responsible for the upkeep of your server. Including but not limited to server configuration. You may not rent or lease the server to any other individual, group or business during your service term without prior permission from the Business Entity ("Greenbridge Servers"). You must ensure that your server abides by our Terms of Service and any other relevant documents at all times.
Paying for Service
All payments are due before service is rendered. A service month is 30 days; if you have paid for service for 3 months then you have 90 days of service. Service payments are expected on or before your next bill date and billing will be performed in advance. If you are unable to make your payment by the due date please advise an Administrator via the support email admin@greenbridgeservers.com. If you no longer require service we must be advised at the earliest possible convenience, otherwise additional administration fees may be charged.
Changes in Pricing
Once a service has been paid for and activated, customers will not receive partial refunds, but will be required to pay additional fees related to the altered pricing to bring their service package to equal the altered pricing, however the new prices will not take affect till the beginning of the next billing cycle.
Player Limits
You are responsible for ensuring that server configuration files are not changed to enable more Game Server player slots than have been payed for. Servers found with a higher number of player slots will be charged at the current rate for slots over the allocation and the Customer will be notified of this.
Transferring slot amounts from one server to another will only be permitted under special circumstances. If a client wishes to upgrade their slot count they may purchase a slot upgrade addon, if a client wishes to downgrade their slot count they will not receive reimbursement for the remaining billing period due to the reduced server specifications.
Server Branding
You are responsible for ensuring that server configuration files are not changed to remove the branding text unless you have paid for removal. Servers found without branding that have not purchased debranding will be charged at the current rate for debranding over the allocation and the Customer will be notified of this, OR, The service will be disabled until re-branded and re-activated by a staff member.
Age Restrictions
Games that carry a rating (i.e. MA15+) pass responsibility onto the customer to ensure that all players on their respective game server meet the age restriction requirements as placed by the Australian Government.
Restricted Files, Mods, Plugins, etc.
We reserve the right to remove alter or deny some files that cause performance related problems with your server or any other server that may be directly affected by such files. You are responsible for payments/royalties on any extra content or modifications that require it.
Bandwidth and Storage Usage
You agree that use of the Services under this Agreement will not exceed the bandwidth and storage usage limits set out. If you use any bandwidth or storage space in excess of the agreed upon number of megabytes per month, you agree to pay the associated additional charges. Data stored in your user account on a GREENBRIDGE SERVERS Server is not owned by GREENBRIDGE SERVERS; therefore Data preservation is the ultimate responsibility of you, the client. GREENBRIDGE SERVERS is in no way responsible for the client’s data and or the backup of that data.
Warranty; Warranty Disclaimer
Customer and/or Third Party Acts
GREENBRIDGE SERVERS is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, GREENBRIDGE SERVERS is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond GREENBRIDGE SERVERS's reasonable control.
No Express or Implied Warranty
All services, systems and products provided by GREENBRIDGE SERVERS under this agreement are provided without any express or implied warranty in fact or in law, whatsoever. you acknowledge and agree that GREENBRIDGE SERVERS exercises no control over, and accepts no responsibility for, the content of the information passing through GREENBRIDGE SERVERS's computers, network hubs and points of presence, or the internet. GREENBRIDGE SERVERS does not warrant that the operation of the services will be uninterrupted or error-free, or completely secure, and does not make any warranties with respect to patent, copyright, trade secret or trademark infringement. All services performed under this agreement are performed "as is" and without warranty against failure of performance including, without limitation, any failure due to computer hardware or communication systems. except as expressly provided in this agreement, GREENBRIDGE SERVERS does not make and hereby disclaims, and you hereby waive all reliance on, any representations or warranties, arising by law or otherwise, regarding the services, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, or conditions of quality, and any warranties with respect to patent, copyright, trade secret or trademark infringement.
Your Warranties and Representations to GREENBRIDGE SERVERS
You warrant, represent, and covenant to GREENBRIDGE SERVERS that (a) you are at least eighteen (18) years of age or are a duly organized and validly existing entity; (b) you possess the legal right and ability to enter into this Agreement; (c) you will use the Services only for lawful purposes and in accordance with this Agreement and all applicable policies and guidelines; (d) you will be financially responsible for the use of your account; (e) you have acquired or will acquire all authorization(s) necessary for hypertext links to third-party Web sites or other content; (f) you have verified or will verify the accuracy of materials distributed or made available for distribution via the Services, including, without limitation, your content, descriptive claims, warranties, guarantees, nature of business, and address where business is conducted, and (g) your content and/or any software that you install or provide does not and will not infringe or violate any right of any third party (including any intellectual property rights) or violate any applicable law, regulation or ordinance.
INDEMNIFICATION
You will defend, indemnify and hold harmless GREENBRIDGE SERVERS and its officers, directors, employees, consultants, agents, affiliates and suppliers (an "Indemnitee") from any and all threatened or actual claims, demands, causes of action, suits, proceedings (formal or informal), losses, damages, fines, penalties, liabilities, costs and expenses of any nature, including attorneys' fees and court costs, sustained or incurred by or asserted against any Indemnitee by any person, firm, corporation, governmental authority, partnership or other entity by reason of or arising out of or relating to: (i) your violation or breach of any term, condition, representation or warranty of this Agreement or any applicable policy or guideline; (ii) your conduct, including but not limited to your negligence, gross negligence, or willful misconduct; (iii) your use of the Services, including any improper or illegal uses; (iv) any claim by a former employee of yours whose employment has been or may be terminated in connection with or as a result of the execution of this Agreement and performance of the Services by GREENBRIDGE SERVERS ; or (v) any claim relating to your services or products, or your installation and/or use of any third-party software, including but not limited to advertising, product liability claims or infringement of any trademark, copyright, patent, trade secrets or nonproprietary right of a third party (including, without limitation, defamation, libel, or violation of privacy or publicity).
FTP Access Guidelines
Server Files
All users of our service are responsible for their files and content of their servers. Additional files and add-ons must be applied by the customer. We are not responsible for the files in your Hosting directories after your Hosting account is activated. We strictly forbid storing of pornography, warez, or other unnecessary/Illegal files on the Web/Game/Dedicated Hosting Servers.
Data Security and Backups
The Customer is solely responsible for any and all backups of their Server and/or Hosting data. Greenbridge Servers may not be held accountable for any loss of data due to hardware or software failure. We advise that the Customer keep local copies of all non-standard files.
LIMITATION AND EXCLUSION OF LIABILITY
Limitations
In no event shall GREENBRIDGE SERVERS have any liability whatsoever for damage, unauthorized access to, alteration, theft or destruction of information provided to GREENBRIDGE SERVERS, distributed or made available for distribution via the services. GREENBRIDGE SERVERS shall have no liability under this agreement or otherwise for consequential, exemplary, special, incidental, or punitive damages even if GREENBRIDGE SERVERS has been advised of the possibility of such damages. in any event, the liability of GREENBRIDGE SERVERS to you for any reason and upon any cause of action shall be limited to the amount actually paid to GREENBRIDGE SERVERS by you under this agreement during the thirty (30) days immediately preceding the date on which such claim accrued. This limitation applies to all causes of action in the aggregate, including, without limitation, to breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The fees for the services set by GREENBRIDGE SERVERS under this agreement have been and will continue to be based upon this allocation of risk. Accordingly, you hereby release GREENBRIDGE SERVERS from any and all obligations, liabilities, and claim in excess of the limitation stated in this section because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.
Interruption of Service
You hereby acknowledge and agree that GREENBRIDGE SERVERS will not be liable for any temporary delay, outages or interruptions of the Services. Further, GREENBRIDGE SERVERS shall not be liable for any delay or failure to perform its obligations under this Agreement, where such delay or failure results from any act of God or other cause beyond its reasonable control (including, without limitation, any mechanical, electronic, communications or third-party supplier failure).
Maintenance
You hereby acknowledge and agree that GREENBRIDGE SERVERS reserves the right to temporarily suspend services for the purposes of maintaining, repairing, or upgrading its systems and network. GREENBRIDGE SERVERS will use best efforts to notify you of pending maintenance however at no time is under any obligation to inform you of such maintenance.
Confidentiality
The parties each agree that all Confidential Information (as defined below) communicated to it by the other is done so in confidence and will be used only for the purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted under this Agreement. "Confidential Information" means all information in any form, including, without limitation, printed or verbal communications and information stored in printed, optical or electromagnetic format, which relates to the Services; or computer, data processing or electronic commerce programs and software; electronic data processing applications, routines, subroutines, techniques or systems; information which incorporates or is based upon proprietary information of either party; or information concerning business or financial affairs, product pricing, financial conditions or strategies, marketing, technical systems of either party; or any information concerning customers or vendors of either party; or any data exchange between a party and any customers or vendors. Exceptions to Confidential Information include (1) information in the public domain; (2) information developed independently by a party without reference to information disclosed under this Agreement; or (3) information received from a third party without restriction and/or breach of this or a similar Agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal, accounting or regulatory requirement beyond the control of either Party or, but in such case, prior to disclosure, the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed, such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon the termination of this Agreement and upon written request of the disclosing Party, each Party shall promptly return all Confidential Information of the other Party. This provision shall survive the termination of this Agreement for two (2) years.
Failure to Comply
Failure to comply with all current and future Terms of Service Agreements and other relevant documents may result in termination of your account and/or service interruption without refund. We reserve the right to suspend any service if we find your server is in violation of our Terms of Service or other applicable legal document, until the account holder ensures, via the necessary changes that his/her hosting account/server complies. Billing periods will not be affected by downtime caused by account suspension.
Conduct
Customers and Staff are expected to be civil at all times, if a staff member is abused in any way, your service will be terminated and you will not receive a refund
Account Termination
Greenbridge Servers reserves the right to terminate your service at any time, without warning or refund.(Generally, this is only done if someone is using their server in a malicious manner, not outlined in our Terms of Service or other applicable document.)
Assignments
You may not transfer or assign your rights, duties, or obligations under this Agreement without GREENBRIDGE SERVERS's prior written consent. GREENBRIDGE SERVERS may assign its rights and obligations under this Agreement and may utilize affiliate and/or agents in performing its duties and exercising its rights under this Agreement, without your consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assignees.
No Waiver
Greenbridge Servers' failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of Greenbridge Servers' right to subsequently enforce such provision or any other provisions under this Agreement.
Severability
If any provision of this Agreement is deemed illegal, invalid, void or otherwise unenforceable in whole or in part, that provision shall be severed or shall be enforced only to the extent legally permitted, and the remainder of the provision and the Agreement shall remain in full force and effect. If any provision of this Agreement is deemed to be invalid, void or unenforceable only with respect to a particular application, such term or provision shall remain in full force and effect with respect to all other applications.
Survival
All provisions of this Agreement relating to your warranties, intellectual property rights, limitation and exclusion of liability, your indemnification obligations and payment obligations shall survive the termination or expiration of this Agreement.
Refunds
Refunds for any reason will NOT be granted under any circumstances.
AUP
CUSTOMER/s agrees not to use any Greenbridge Servers' product/s and/or service/s for any illegal, abusive, or unethical activity. Illegal, abusive or unethical activities may include, but are not limited to, pornography, obscenity, nudity, violations of privacy, piracy, third party property/s, defamation, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful material/s or uses as determined by Greenbridge Servers;
Greenbridge Servers does NOT allow IRC, Bots or ANY IRC related activities on its service/s;
CUSTOMER/s agrees to indemnify and hold Greenbridge Servers harmless from any claim resulting from CUSTOMER/s publication or otherwise use of illegal, abusive, or unethical material/s;
Greenbridge Servers cannot and does not pre-screen content/s hosted using its service/s. Greenbridge Servers reserves the right (but not the obligation) in its sole discretion to reject, move or remove any material/s which are illegal, abusive or unethical, without being liable to you in any way for any loss arising from such rejection/s or removal;
Greenbridge Servers also reserves the right to reject, move or remove any material/s if required by any regulatory authority or court of law;
CUSTOMER/s using Greenbridge Servers product/s and/or service/s must comply with any relevant State or Federal legislation in place within Australia and/or New South Wales as may exist from time to time;
Greenbridge Servers will make every reasonable effort to alert you to activities in contravention of this Acceptable Use Policy when discovered. However,
Greenbridge Servers is not required to give such notice before deactivating your use of our service/s if, in our discretion, your use constitutes or results in illegal, abusive, or unethical activities;
To protect our equipment/s against spam, unsolicited email, virus, hacker/s or activities which Greenbridge Servers considers unethical,
Greenbridge Servers reserves the right to ban any IP/s, domain/s, service/s or computer/s whether within or outside of its network from accessing any computer/s or equipment/s of its network/s. This includes scanning of any data that enters our network/s and all server/s logs for such content and banning them whenever Greenbridge Servers deems appropriate;
If an Greenbridge Servers product/s and/or service/s is disabled or banned, the regular monthly fee/s still apply until the Greenbridge Servers product/s and/or service/s is terminated by the CUSTOMER/s;
Technical support updates, network maintenance/s or any system maintenance/s and changes will be updated on our website/s at http://GreenbridgeServers.com.au/. At Greenbridge Servers '' prerogative, such update/s will be sent via email if an issue effects all our customer/s to a large degree;
CUSTOMER/s agrees not to harass, threaten or abuse authorized representative/s of Greenbridge Servers, including but not limited to tech support representative/s, administer/s, customer relations representative/s, and sales representative/s, or otherwise abuse Greenbridge Servers support service/s;
Greenbridge Servers respects the intellectual property and creation of others, and we (Greenbridge Servers) expect our customer/s to do the same. If you believe that your work has been copied in a way that constitutes copyright, trade mark or other intellectual property infringement/s, please provide us (Greenbridge Servers) with a Statutory Declaration made under Australian law, stating:
that you are authorized to act on behalf of the owner/s of the intellectual property interest;
the description of the intellectual property right that you claim has been infringed;
the description of where the material/s that you claim are infringing are located on the site/s;
that the use of such material/s is not authorized by the intellectual property right owner/s,
its agent/s, or the law;
your address, telephone number, and email address, and,
That you have a good faith belief that the making available of the material/s on the site constitutes use in a way that amounts to copyright infringement.
Effective from September 2010