Foreword

Terms of Service (TOS)

The Hype Gamez Terms of Service (this " Agreement ") govern your purchase and use of all Hype Gamez services (collectively, the " Services "), as described in the Order Form(s) submitted by you and accepted by Hype Gamez. You must register and accept the terms of this Agreement in order to use the Services. BY CLICKING ON THE "I ACCEPT" BUTTON BELOW, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. Hype Gamez may modify any of the terms and conditions contained in this Agreement, at any time in its sole discretion. Any modifications are effective upon posting of the revisions on the Hype Gamez web site (the " Site "). Your continued use of the Services following Hype Gamez posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify Hype Gamez of your termination of this Agreement by submitting a support request through the Hype Gamez at support@hypegamez.co.za as outlined in section "payments/cancellations".

Customer Information

The customer agrees to provide accurate information when registering for service on the Hype Gamez website. Any falsification of registration information with the intent to deceive will render all obligations Hype Gamez has towards the customer null and void. Please notify us of any change of contact information via support@hypegamez.co.za

Usage of Services offered by Hype Gamez

General Terms and Conditions

In consideration of use of the Service, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and (2) to maintain and update this information to keep it true, and complete. If any information provided by you is untrue or incomplete, Hype Gamez has the right to terminate your service and disallow you from subscribing to any other services provided by Hype Gamez. Hype Gamez reserves the right to cancel the customer’s service at any given time without a refund if we have any suspicion of them not abiding to these terms of service agreement.

• Pricing
  The minimum rental period is 1 calendar month and the rental fee is non-refundable after payment has been made. Currently we only accept internet transfers into our account or direct deposit. As soon as we receive payment, we will allocate this against your account. Once you have maid payment we require that you send confirmation of payment to billing@hypegamez.co.za.Your rental period will not start until the day we give you access to your server. The current average waiting period is 48 hours after payment has been received.
  
  
• Rates:
  Subscriber acknowledges that the nature of the Service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that Hype Gamez may prospectively change the specified rates and gaming server accounts from time to time on its Web site. As our services are offered on a prepaid basis any Subscriber who has signed up at a certain monthly pricing rate and gaming server specification size will remain on that pricing/specification unless stated otherwise. Of course, you may upgrade/downgrade to a new gaming server offer during at anytime, if required. Our advertised plans may increase or decrease in price at anytime depending on the current market. Hype Gamez will make a best effort to communicate any changes in pricing or packages to the customer and make this information available on the Hype Gamez website.
  
  
• Payments & Cancellations
  As we offer all our server rental are on a month to month basis, all payments are due before service begins. Service payments are expected on the 29th day of every month and should be payed either by Electronic Transfer or direct deposit into the Hype Gamez holding company bank account.Enquire with support@hypegamez.co.za.If a payment for a gaming server has not been received on or before the 29th of the month the server will be suspended and access removed. All requests to downgrade will only be honoured at the end of a billing month i.e after the 29th of the month and before the start of the new billing month i.e. the 1st
  
  
• You must notify Hype Gamez of any changes to your billing account details , your billing address, or any information that may prohibit Hype Gamez from charging your account. Your failure to fully pay any fees within 24 hours from the applicable due date is a material breach of this Agreement, justifying Hype Gamez to suspend its performance and terminate this Agreement. If Hype Gamez terminates your gaming server as a result of your material breach, you will be required to pay a reconnection fee should you wish to reconnect your gaming server under this Agreement.
  
  
• Refunds & Disputes
  All services rendered by Hype Gamez are non-refundable. This includes, but is not limited to: setup fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to contact support@hypegamez.co.za.
  
  
• Re-Activation
  Any servers terminated for non-payment and then re-activated will be subject to a R200 charge, if the server has been terminated for over 14 Days, the regular setup fee will apply.
  
  
• Server Inspections
  Hype Gamez reserves the right to inspect the customer’s services at any time to ensure they are in accordance to the terms of service agreement outlined here.
  
  
• Personal Folders
  Any personal folders found on game server accounts or redirect accounts will be deleted without notice and a warning will be issued.
  
  
• Server Maintenance
  Server maintenance for all gaming servers will be performed by Hype Gamez staff. All maintenance announcements will be posted in the Customer Forums at least 24 hours before any scheduled maintenance is to be done unless. In the case of emergencies we will make a best practice effort to inform you of the nature of the maintenance as it's happening.
  
  
• Server Uptime
  Customers are responsible for their server’s uptime. If the customer’s server happens to be down they should contact the support staff through support@hypegamez.co.za . Although Hype Gamez staff do monitor the servers regularly, we cannot monitor each and every game server.
  
  
• Server Modifications
  All modifications of the game server provided are installed at the clients own risk. Server crashes or down time caused by the server modifications is the customers responsibility. Hype Gamez will not provide refunds for downtime as a result of improperly installed modifications.
  
  
• Server Bots
  Hype Gamez reserves the right to limit the use of server bots if resource usage impacts other users on the shared game servers.
  
  
• Service Add-on uninstalls
  Hype Gamez reserves the right to uninstall or remove any file, server patch or modification that causes or may cause degradation in system performance, increased vulnerability of the Hype Gamez servers, or effects the overall quality of service for other customers. Please check with Hype Gamez Tech Support staff before hand to ensure that your mod qualifies to Hype Gamez standards.
  
  
• General Use
  While in/using any machines, servers, or services offered by Hype Gamez, you may not: Engage in any activities that would cause excessive distress or slander upon any other person; transmit or copy any data that is not owned, licensed by you, or is obscene or racially/ethically objectionable.
  
  
• You may not increase the player limits on your server (this includes spectators) without the prior permission of Hype Gamez and payment of the difference in rental prices.
  
  
• Hacking
  Any customer caught Hacking Hype Gamez servers/equipment will have their service terminated and will not receive a refund. This includes hacking the routers, switch's, or operating systems on the machines themselves, or through any other type of access (such as FTP, Telnet, SSH, etc).
  
  (Hacking will be determined as attempting to access any system or subsystem you are not given express consent by Hype Gamez to access.)
  
  
• Limitations of Support
  Hype Gamez will provide support for any server related problems.
  
  
• IRC
  We do not allow use of IRC Servers to be operated on any of our systems. Anyone who is found running an IRC server could result in termination of services. The use of IRC Reporters for the purpose of collecting stats is acceptable.
  
  
• Data:
  Hype Gamez agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.
  
  
• Electronic Signature:
  Acceptance of the Terms of Service, Acceptable Use Policy, and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.
  
  

Guarantees of Service offered by Hype Gamez

• Network Uptime
  Our upstream providers offer us a 99% uptime. This means we guarantee the networks we connect to, to be available 707.4 hours out of 720 hours a month (based on a 30 day month) or no more than 13.5 hours of network downtime a month.
  
  
• Machine Uptime
  Hype Gamez Reserves the right to have machines down for scheduled maintenance and unscheduled maintenance. This does not include downtime for support related issues initiated by the client. For hardware failure we reserve the right to have our servers down for however long it is required whilst dealing with hardware failure on machines.
  
  
• Server Config Related Downtime
  Hype Gamez offers no guarantee of uptime where the configuration of the game server instance itself is the cause of the downtime. We will however work diligently to get it running again if such downtime occurs. While we do monitor game servers for uptime, it is the customer's responsibility to report any down server issues to us where the cause is misconfiguration. All reports should be sent through to support@hypeinternet.co.za
  
  
• If a game server is down for longer than the time limits specified above the compensation is a 1:1 ratio in days. So if the server is down for 25 hours due to hardware failure we will offer 1 day compensation. To receive 3 days the server would have to be down for 72 hours, etc....
  
  
• Failure to comply
  Failure to comply with the Terms of Service will result in termination of the customer’s Service without refunds.
  
  We reserve the right to update this document at any time. (Please see date below)
  
  Acknowledgements By User
  
  
  • Computer and Network/Internet Faults:
    You the user acknowledge that computer and network systems are not fault free and there may be times when these systems experience interruptions and downtime (unavailability). Hype Gamez does not guarantee uninterrupted service though does make compensation for certain types of interruption as listed earlier in this document. The user agrees that he/she/they shall make no claim of breach for any such interruption.
    
    
  • Copyrights/Trademarks:
    The user acknowledges that all copyrights and trademarks (registered and unregistered), intellectual property, design rights (registered and unregistered), in the website, the machines and the game servers belongs to Hype Gamez and the user shall not infringe on any of those rights. This includes copying, distribution and/or modification without prior written consent from Hype Gamez.
    
    The user acknowledges that certain material is supplied under license and that such property rights are owned by the licensor.
    
    
  • Communication:
    The user acknowledges that they shall not use any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, racial, sexually oriented, or otherwise objectionable material in communication with Hype Gamez staff, post such material on the Hype Gamez forums, or have such material on their servers and or web sites. Hype Gamez reserves the right to remove any such material it finds objectionable and/or terminate service of the offender.
    
    

Liability:

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

Intellectual Property Notice:

"AAHONOR" and "Pragmatic Honor Provider" and their corresponding logos are copyrighted and/or trademarked by Pragmatic Solutions, Inc. "America's Army", "Honor", and "America's Army Honor" and their corresponding logos are copyrighted and/or trademarked by the Department of the Army. Logos and/or marks may not be used without expressed written permission from Pragmatic Solutions, Inc. or the Department of the Army respectively.


Acceptance of Terms

The user of any Hype Gamez service, agrees to be bound by these terms and services. Failure to accept these terms and services means the user does not have permission to access any services offered by Hype Gamez and must cease use immediately. By logging into or otherwise using any services offered by Hype Gamez the user consents to all terms and conditions of said service.

Last Updated March, 2011 10:10 PM.