Custom Game Servers

For the remainder of this agreement certain words will be used throughout. To better understand the document these meanings are set out below:

• Servers Evolved: The company for the purposes of this document will be referenced using first-person pronouns, "Us, We, Ours, etc."
• You, The client: For the purposes of this document the client shall be referenced using third-person pronouns such as "You, Yours, etc."

When you sign up for game server hosting services you agree to register using your correct name, address, and all other details requested from you. If this information changes you are responsible for keeping this information up to date immediately on the change.
You must be an adult of at least 18 years of age to register as an Account holder or have legal capacity to contract; and by accepting these TOS as an Account holder, you confirm that you are an adult of at least 18 years of age or have legal capacity to contract in your jurisdiction.

These Terms Of Service may be updated or changed from time to time. You can review the most current version of these Terms Of Service at any time. If a change to these Terms Of Service has a material impact on services, you will be provided notice of the change via the email you used at registration. Your continued use of services following such notice constitutes your acceptance of those changes.

From time to time we may change any of our services and website. If any such changes have an impact on your services, you will be provided notice of the change via the email you used at registration. Your continued use of services following such notice constitutes your acceptance of those changes.

If you opt to use manual server configuration (editing the server's configuration file(s) through any form of direct text editing) you are never to change any server ports found within the configuration, by doing so you may disable the functioning of your server. Any such manual changes to a servers configuration files and the down time they may cause are not covered under our uptime policy and we can not be held liable. If we are required to fix or reinstall the server to repair any damage done by manual configurations you will be charged a $20 repair fee.

We provide a "24-hour No Questions Asked Money Back Guarantee" for all services paid for. Within a 24-hour period the user may ask for a refund for any reason, the refund and cancellation of service will occur without hesitation or question.

Each User is required to own a licensed copy of any and all software used in the server hosting that we run on their behalf including, but not limited to, game clients, game servers, voice clients, voice servers, FTP clients, etc.

The user is supplied with SFTP as a part of their services. The FTP access and file space provided with our game servers is to only be used for game files directly related to the game server. The FTP space is not to be used as a file store nor a file share with other people.

IN NO EVENT WILL WE 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 US OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION ON LIABILITY, HOWEVER, SHALL NOT RELIEVE US FROM LIABILITY FOR DIRECT DAMAGES ARISING SOLELY OUT OF OUR GROSS NEGLIGENCE OR WANTON OR WILLFUL MISCONDUCT IN PERFORMANCE OF THE HOSTING SERVICES.

Any dispute, controversy, or claim arising out of, or related to the interpretation of this contractual agreement will be resolved by a professional arbitrator appointed by Fragnet Networks Unless otherwise agreed by the parties, the dispute will be conducted as an e-mail/desk hearing in accordance with the rules of commercial arbitration of the arbitrator, and the decision of the arbitrator shall be binding and shall be deemed final. Judgment upon the award of the arbitrator may be entered in any court having jurisdiction thereof. The arbitration award may include reasonable fees and expenses of arbitration. Unless otherwise agreed, all disputes will be decided pursuant to, and in accordance with, the laws of the state Minnesota. The exclusive forum for any legal proceedings which arise out of the terms of this Agreement shall be the court in Beltrami County, Minnesota, and the parties hereby submit themselves and their property to the personal jurisdiction and venue thereof.