1. INTRODUCTORY PROVISIONS:

A. These Website User and Membership Terms and Conditions govern your use and access to and/or membership in, www.Gamingserver.eu. Hereinafter, Gamingserver.eu may be referred to as “we,” “us,” or other first-person pronouns. These Terms and Conditions apply to you whether you are a paid member who leases server space from us, whether you are a player who contributes to the membership fees of one of our members, a passive or active user of our services, simply a registrant who posts to and reads our message boards, or if you are merely browsing our site.
B. Gamingserver.eu is in the business of providing leased gaming server space and other associated internet-based services. These services may be referred to in this agreement as “our services,” “the services,” or similar by syntax.
C. IMPORTANT! These Terms and Conditions apply to visitors and members of the SITE. By accessing, using, viewing, reading, printing, installing, or downloading any material from us, or becoming a member of GamingServer.eu, you agree to be bound by these Terms and Conditions. You manifest your agreement to these Terms and Conditions by any act demonstrating your assent thereto, including clicking any button containing the words “I agree” or similar syntax. You may submit a paper copy of this transaction and print this form for your personal records.
D. Revisions to This Policy: We reserve the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. The user should periodically check this web page for any modifications regarding these Terms and Conditions by re-visiting this web page and using the “refresh” button on the user’s browser. The user should note the date of last revision to this page, which appears at the top of this page. If the “last modified” date remains unchanged, after the user has clicked the “refresh” button on his/her browser, the user may presume that no changes have been made since the last reading of the document. A changed “last modified” dates indicates that this document has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
E. If you do not agree to be bound by these Terms and Conditions, you may not use our site, servers, or any other services: you must exit the Gamingserver.eu site immediately; you may not use or access the SITE. You may use and access our services only in accordance with these Terms and Conditions and any applicable laws. Please consult these Terms and Conditions regularly and read them carefully before using our services. You affirm that you have read this Agreement and understand, agree and consent to its Terms and Conditions.
F. You are solely responsible for obtaining access to our services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access our services.

2. IMAGES AND CONTENT:

A. Our websites contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other World Wide Web Site owned, operated, licensed, or controlled by us (collectively, “Materials”).
B. If you are seeking information regarding illegal activities, please leave the Gamingserver.eu site immediately and refrain from accessing our site or services in the future.
C. You further agree not to use or access our services if doing so would violate the laws of your state, province or country.
You specifically agree to refrain from using our services to illegally swap files or to distribute any copyrighted materials without the express permission of the copyright holder.
Some of our content may depict graphic images of violence, gore, criminal activity, or battle scenes. Viewer discretion is advised. Teenagers, ages 13 to 17 must have their parents’ permission to use the SITE.

3. AGE OF RESTRICTION AND MEMBERSHIP:

A. Age of Restriction. You represent and warrant you are at least 15 years of age and that you have the legal capacity to enter into this Agreement. If you are not at least 13 years of age, you terminate our use of our services immediately and may not use or access our services. Teenagers, ages 13 to 18 must have the permission of a parent or legal guardian to access, use or play on the SITE. You agree not to bypass any security and/or access features that we have installed. Additionally, we do not assume any responsibility or liability for any misrepresentations regarding a user’s age.
B. Membership. Membership and passwords may not be assigned, transferred, or sold to a third party. Gamingserver.eu and its affiliates disclaim any and all liability arising from fraudulent entry and use of our services. If a user fraudulently obtains access, we may terminate membership immediately and take all necessary and appropriate actions under applicable federal, state, and international laws.

4. ACCESS TO, LIMITED LICENSE, AND INTERFERENCE WITH OUR SERVICES:

A. Access. To access Gamingserver.eu or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of our services that all information you provide will be correct, current, and complete. If we believe that the information you provide is not correct, current, or complete, we have the right to refuse you access to our services and to terminate or suspend your access at any time with no refund due.

B. Limited License. Subject to these Terms and Conditions and in consideration of using our services, we hereby grant you a limited, nonexclusive, nontransferable personal license to access and use our services. We provide our services for personal, non-commercial use by gamers, viewers, fans, visitors, subscribers and/or potential subscribers. Users of our services are granted a single copy license to use our services and attendant software (on a single computer only). Our services shall be for private non-commercial use only, and all other uses are strictly prohibited. We reserve the right to limit the amount of bandwidth used. You agree to prevent any unauthorized hacking of our services or unauthorized use thereof. Any unauthorized use of our services or any of the Materials contained therein terminates this limited license effective immediately. You represent and warrant that you will not allow anyone under 15 to access our services without the permission of a parent or legal guardian. We reserve the right to terminate this license at any time if you breach or violate any provision of this Agreement, in which case you will be obligated to immediately destroy any information or materials you have downloaded, printed or otherwise copied from our servers. Violators of this limited license may be prosecuted to the fullest extent under the applicable law.
1. You may not circumvent any encryption or other security tools used anywhere on our servers (including the theft of user names and passwords or using another person’s user name and password in order to gain access to a restricted area of our services);
2. You may not exploit software errors in order to manipulate the system and performing actions including but not limited to obtaining unapproved price discounts, obtaining unpaid services, and obtaining unearned affiliate credit.
3. You may not use any data mining, bots, or similar data gathering and extraction tools on our servers, or any of our services.
4. You may not decompile, reverse engineer, modify or disassemble any of the software aspect of the Materials except and only to the extent permitted by applicable law;
5. You may not sell, rent, lease, license, sublicense, transfer, distribute, re-transmit, time- share, use as a service bureau or otherwise assign to any third party the Materials or any of your rights to access and use our services.
C. Interference. Except where expressly permitted by law and by our affirmative consent, you may not translate, reverse-engineer, decompile, disassemble, or make derivative works from our servers’ Materials. User hereby agrees not to use any automatic device or manual process to monitor or reproduce our works, and will not use any device, software, computer code, or virus to interfere or attempt to disrupt or damage game servers or any communications on it.

D. You agree to cooperate with us in causing any unauthorized use to cease immediately. At any time, if we provide a service enabling users to share information or communicate with other users, you hereby agree not to publish, disseminate or submit any defamatory, offensive, or illegal material while using our services. You are solely responsible for submitting any material that violates any United States or International laws even if a claim arises after your service is terminated, and, by doing so, your actions shall constitute a material breach of this Agreement and we shall terminate all your rights under this Agreement.

5. MEMBERSHIP:

A. Registration. You may access the non-public portion including our gaming server services by being a member in good standing and/or with the permission of a member whose server space that you access. We reserve the right to modify our services at anytime, with or without prior notice.
1. Members may lease server space by completing an online registration form, which must be accepted by us, and you must pay all applicable fees. Upon submission of the online registration form, we will process the application. We reserve the right to contract with authorized agents to sub-contract registration services for us. In connection with completing the online registration form, you agree to:
a. Provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”) and
b. Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times while you are a member. You must promptly inform us of all changes, including, but not limited to, changes in your address and changes in your credit card used in connection with billing.
2. If you provide any information that is untrue, inaccurate, not current or incomplete, or we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of GamingServer.eu, as well as subjecting you to criminal and civil liability.
3. Subscription fees are non-refundable, and you are responsible for any credit card charge backs, dishonored checks, and any related fees that we incur with respect to your account. Subscription fees are listed on our website and are rounded down to whole euro cents.
B. Member Account, Password, and Security. As part of the registration process, you will be issued a unique user email and password which you must provide in order to gain access to our services. You certify that when asked to choose a username you will not choose a name which may falsely represent you as somebody else or a name which may otherwise be in violation of the rights of a third party.
1. We reserve the right to disallow the use of usernames that we, at our sole discretion, deem inappropriate. We reserve the right to cancel at any time the membership of any member who uses their selected username in violation of these Terms and Conditions or in anyway we, in our sole discretion deem inappropriate.
2. Your membership, the ID and password are nontransferable and non-assignable.
3. You represent and warrant that you will not disclose to any other person your unique user email and password and that you will not provide access to our services to anyone who is not specifically authorized to use them.
4. You are solely responsible for maintaining the confidentiality of your user email and password and are fully responsible for all activities that occur under your user email and password. We will not release your password for security reasons.
5. Regarding additional password and account security, you agree to:
a. Immediately notify us of any unauthorized use of your user email and password or any other breach of security, and
b. Ensure that you exit from your account at the end of each session. You are liable and responsible for any unauthorized use of the services. Unauthorized access to Gamingservers.eu and its services is illegal and a breach of this Agreement. You indemnify us against all activities conducted through your account.
C. Membership Fees. Membership fees for use of Gamingservers.eu are prominently displayed prior to processing your subscription thereto. You agree to pay all membership fees when due according to these billing terms. All fees are refundable up to 7 days after server activation. We reserve the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. If your account becomes past due more than thirty (30) days after the invoice date, you agree to pay interest on the past due amount at a monthly rate of 1.5%, or the highest amount allowed by law, whichever is higher, compounded daily, plus any additional collection costs, credits, charge backs and attorney’s fees. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. You agree to pay all amounts due to us immediately upon cancellation or termination of your account. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services provided by us, with or without prior notice to you, at any time. This site uses an automatic rebilling cycle with the credit card payment method.
D. Billing Errors. If you believe that you have been erroneously billed, please notify us immediately of such error. If we do not hear from you within thirty (30) days after such billing error first appears on any account statement, such fee will be deemed acceptable by you for all purposes, including resolution of inquiries made by your credit card issuer. You release us from all liabilities and claims of loss resulting from any error or discrepancy that is not reported to us within thirty (30) days of its publication.
E. Download and Usage Is Not Limited.

6. TERMINATION:

A. You may cancel your membership at any time from your Gamingserver.eu user panel.
2. Any outstanding fees owed for your membership.
B. You hereby agree to be personally liable for any and all charges incurred by you until termination of membership for goods or services through your use of the services. In the event that your account is canceled by you, no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. This Agreement’s provisions shall survive its termination, unless otherwise stated. Upon our processing of your request to cancel your membership, you will no longer have access to the non-public areas of our services.
C. Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your access and use of the gaming servers and refuse to provide our services to you at any time, with or without advance notice, if:
1. We believe that you have breached any material term of these Terms and Conditions or the documents it incorporates by reference;
2. You fail to pay any amount due by the payment due date;
3. We are unable to verify or authenticate any information you provide to us;
4. We believe that your actions may cause legal liability for you, our users or us;
5. We decide to cease operations or to otherwise discontinue any of the services or parts thereof.
6. We believe that you have breached any Terms and Conditions set forth by
the game publishers for the game in your subscription.
D. Further, you agree that neither Gamingservers.eu nor any third party acting on our behalf shall be liable to you for any termination of your membership or access to our services. You agree that if your account is terminated, you will not attempt to re-register as a member without prior written consent from us.

7. INDEMNITY:

You agree to defend, indemnify, and hold harmless, GamingServer.eu and our officers, directors, shareholders, employees, independent contractors, telecommunication providers, and agents, from and against any and all claims, actions, loss, liabilities, expenses, costs, or demands, including without limitation legal and accounting fees, for all damages directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or you under another person’s authority including without limitation to governmental agencies, use, misuse, or inability to use our services or any of the Materials contained therein, or your breach of any of these Terms and Conditions. We shall promptly notify you by electronic mail of any such claim or suit, and cooperate fully (at your expense) in the defense of such claim or suit. We reserve the right to participate in the defense of such claim or defense at its own expense, and choose its own legal counsel, but are not obligated to do so.

8. LINKS AND LINKING:

A. Some websites which are linked to us are owned and operated by third parties. Because we have no control over such websites and resources, you acknowledge and agree that we are not responsible or liable for the availability of such external websites or resources, and does not screen or endorse them, and is not responsible or liable for any content, advertising, services, products, or other materials on or available from such websites or resources.
B. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, goods or services available on or through any such website or resource. If you decide to access any such third party website, you do so entirely at your own risk and subject to any terms and conditions and privacy policies posted therein.
C. Users further acknowledge that use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use for those websites, and not by our Terms and Conditions, Spam Policy, Webmaster Agreement, or Privacy Policy, which are incorporated by reference.
D. Links to external websites (including external websites that are framed by the Site) or inclusions of advertisements do not constitute an endorsement by us of such websites or the content, products, advertising or other materials presented on our servers, but are for user\’s convenience.
E. Users access them at their own risk. We expressly disclaims any liability for any damages whatsoever incurred by any user in connection with the use of any website, the access to which was found through our services. We expressly disclaims any liability derived from the use and/or viewing of any links that may appear in our services.
F. All users do hereby agree to hold Gamingserver.eu harmless from any and all damages and liability that may result from the use of links that may appear on our servers. We reserve the right to terminate any link or linking program at anytime.

9. COPYRIGHT INFORMATION:

A. The Materials accessible from our servers, and any other World Wide Web Site owned, operated, licensed, or controlled by us, is our proprietary information and valuable intellectual property. Any copyright infringement will not be tolerated.
B. Our Materials may not be copied, distributed, republished, modified, uploaded, posted, or transmitted in any way without the prior written consent of us, except that you may print out a copy of the Materials solely for your personal use. In doing so, you may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Materials.
C. Modification or use of the Content except as expressly provided in these Terms and Conditions violates our intellectual property rights.
D. Neither title nor intellectual property rights are transferred to you by the use of our services.
E. All of our Materials, such as text, graphics, photographs, video and audio clips, music, soundtracks, button icons, streaming data, animation, images, downloadable materials, data compilations, and software is the property of Gamingserver.eu or its content suppliers and is protected by international copyright laws. The compilation of all of our Materials is the exclusive property of Gamingserver.eu or its content suppliers and protected by international copyright laws, as well as other laws and regulations.

10. FORCE MAJEURE:

We shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond our reasonable control, including but not limited to: acts of God, such as fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software, including Y2K errors or omissions, for so long as such event continues to delay our performance.

11. NOTICE:

A. Notice. Any notice required to be given under this Agreement may be provided by email to a functioning email address of the party to be noticed, by a general posting on our servers, or personal delivery by commercial carrier such as FedEx or Airborne. Notices by customers to us shall be given by electronic messages unless otherwise specified in the Agreement.
B. Change of Address. Either party may change the address to which notice is to be sent by written notice to the other party pursuant to this provision of the Agreement.
C. When Notice is Effective. Notices shall be deemed effective upon delivery. Notices delivered by overnight carrier (e.g., GLS or DHL) shall be deemed delivered on the business day following mailing. Notices mailed by National Postal Service, postage prepaid, registered or certified with return receipt requested, shall be deemed delivered five (5) days after mailing. Notices delivered by any other method shall be deemed given upon receipt. Notices by email and facsimile transmission, with confirmation from the transmitting machine that the transmission was completed, are acceptable under this Agreement provided that they are delivered one (1) hour after transmission if sent during the recipient\’s business hours, or 9:00 a.m. (recipient\’s time) the next business day. Either Party may, by giving the other Party appropriate written notice, change the designated address, fax number and/or recipient for any notice or courtesy copy, hereunder.
D. Refused, Unclaimed, or Undeliverable Notice. Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an act or omission of the Party to be notified shall be deemed effective as of the first date that said notice was refused or deemed undeliverable by the postal authorities, messenger, facsimile machine, email server, or overnight delivery service.
12. Complete Agreement

These Terms and Conditions constitute the entire agreement between the parties with respect to your access and use of our services and the Materials contained therein, and your membership with us, and supersede and replace all prior understandings or agreements, written or oral, regarding such subject matter.

GamingServer.EU
Smedeland 13
2600 Glostrup
Denmark