These terms were updated on 20th September 2012, and apply to all new orders from this date.
Existing clients will be bound to these new terms from 1th October 2012, any concerns must be raised before this date.

Changes: Terms of Services changed due to acquisition by Serverminds

Definitions

Serverminds Gaming refers to Serverminds, the company which owns Serverminds Gaming.
Our Company also refers to Serverminds.
The Client / Your / You refers to "you", the customer of Serverminds Gaming.

Terms of Service

You must have read our terms of service before making any payment to Serverminds Gaming, once you have made payment you are assumed to have accepted these terms of service and will be bound to them. Upon ordering you need to check a box stating you have read and understand these Terms of Service.

Services are, unless otherwise stated, on a rolling monthly contract and will renew each month until the client cancels the order. Serverminds Gaming will not under ANY circumstances accept liability financial or otherwise for loss of service, loss of earnings, loss of profit, loss of data, or any other incidental damages occurring directly or indirectly due to hardware or software failure of our systems/services, or by following advice and guidance from our staff.

Your right to Service

Serverminds Gaming reserve the right to suspend or cancel with immediate effect, access to any service, when Serverminds Gaming decide the account is being used inappropriately, or should we be unable to continue service. You will in this case be entitled to a refund of your remaining unused time less an administration fee of €4.00+vat, should this mean the refund is a negative amount clearly you will not be expected to make any further payment.

Legal Game Ownership

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

Acceptable use of Service

Accounts are for the use of the Primary owner only (the person who signed up), Account holders are not permitted to borrow, lend, or sell their servers, webspace or resources to any other person, company or other third party.

Serverminds Gaming hold the right to refuse service / and or access to any party should we decide the application is inappropriate, such as an applicant wishing to host "warez", "illegal files", "pornography" or "obcene publications".

Payments & Information

It is your responsibility to make sure your payment information is fully up-to-date and accurate. It is your responsibility to make sure that invoices generated to your account are paid in full and on time.

Serverminds Gaming offers no grace period from when your payment is due. If the invoice is not paid upon the due date, your account and service will be suspended. 
We strongly advice you to enable Subscription payment inside of the Client Area to prevent Service Suspension.
Failure to pay the invoice before the due date will result in an additional late fee if you choose to continue hosting with us. Failure to pay your invoice within 3 days will result in complete termination and deletion of your hosting service.

Invoices paid in mistake (including double-payments, or extra payment) cannot be refunded, but will be rewarded as account credit.
Prepayments and account credit are ineligible to be refunded, or transferred to alternate accounts.

Cancellation Policy

You may cancel at any time. All customers are on a subscription basis and the subscription will renew until the customer cancels. Service will continue until payments already received have been exhausted. There will be no refunds (pro-rata or in full) after the account creation e-mail has been sent. User's services will be terminated after the account has been cancelled and any pre-payments have been exhausted.

To cancel your account, you must login to your control panel and request cancellation following the link under the Service Details. For security reasons, this is the only accepted method of cancellation. If you have a paypal subscription, you must cancel your paypal subscription directly though paypal. You can do this by logging into your paypal account, clicking your Serverminds Gaming subscription and then clicking cancel subscription. Failure to cancel your Paypal subscription may result in Paypal automatically taking payment from your account.

Money Back Guarantee

Serverminds Gaming is happy to offer a money back guarantee on any newly setup Gameserver, If you are not completely happy or satisfied with your Gameserver, request cancellation of your service within the client area.
We simply request that you state the reason for not being happy and a refund will be given to your account.

The Money Back Guarantee will not be applicable if:

  • You are failing to comply with the Terms of Service
  • You have more then 3 resolved tickets in our Support Department
  • You have used more then 50% of the allocated slots within the 3 days
  • You have entered a Coupon Code during the order process
  • You are an existing client or had a service with Serverminds Gaming before.

Backups and Data

Serverminds Gaming does not keep backups of customer data, and we strongly suggest you keep regular backups of your data to avoid any loss. We are not responsible for any loss of your data, and no compensation will be issued for this. 

Server Port Numbers

Each Gameserver is assigned to specific port numbers in the Server Application config files. These port numbers are never to be changed by The Client and in doing so may disable your server and other servers on the Gamenode. Because of this possible impact, if The Client changes any port numbers on the Client's Gameserver then The Client may be faced with a mandatory €25 administrative fee without warning.

User Conduct

Client must act with their best intentions at all times, bullying, racism, swearing (especially before 9pm), libelous, defamatory, obscene and many other types of behaviour will not be tollerated and may result in the termination of your account with Serverminds Gaming.

Abusive, sexual, insulting, threatening or upsetting behaviour to any Serverminds Gaming staff will be treated seriously and will be reported should it be very extreme, but will in any case result in termination of your services.
If you feel one of our staff members is being rude to you, please contact us with complaints and proof.  

Gameserver Usage Limitations

On all Serverminds Gaming Gameservers, Maxplayers can not be increased. Spectators, bots, summoned creatures are counted as players due to the increase in server resources they require, therefore, the total number of players + bots + summoned creatures should be kept less than or equal to your game server's max player limit.

Each Game Server has a disk space quota. If The Client exceeds disk space, The Client will get a warning via email to the account owner and if the additional disk space needed to cover The Client's file usage is not purchased or if the disk usage isn't brought down to under the The Client's current quota within 96 hours then some of Customer's files may be deleted or the account will be charged for the extra disk space.

Fair Use Policy
The Client may install and use third party modifications within reason. No assurance is made as to if these will be stable and they may cause your services to crash. Serverminds Gaming will in rare cases ban you from using mods or bot configurations that use excessive resources on our servers that may effect other clients. Under no circumstances may game servers be used as file distribution systems apart from map/audio/model/texture downloads for your clients connecting to your servers.

Bots on Servers
No more than 4 bots may be active on your server at any time.
If you should run more non human players (bots) on your server then you may have you server suspended until you have contacted us to remove the bots or to pay to upgrade for bots usage. The current cost is €0.55 per additional bot per month over the 4 bot limit.

Mods, Plugins, and other changes to the default server configuration.
You are free to edit your game server within reason, you may not attempt to crack servers or change the operating executables without contacting us to see if this is permitted or not. We also reserve the right to request a customer removes certain mods if they use too many server resources.

Quality of Services

Serverminds Gaming will always do its best to ensure our services are the best they can be and hopefully the best that you can buy. Serverminds Gaming will not be responsible for any damages due to downtime, data loss, or failure of service except due to the following;
a) Gross negligence, This is defined as loss of your data due to lack of care, loss of your personal information to another organisation, or downtime in excess of 24 hours in any month, this will be rewarded by a 100% refund of your monthly server cost either as a service credit to your account or in the form of a cheque that can be posted to you for a €1.00 + vat administration fee.
b) Your service quality is effected by another client abusing our fair usage policy terms. If this is not resolved within 3 working days you will be entitled to a 100% refund of your monthly server cost either as a service credit to your account or in the form of a cheque that can be posted to you for a €1.00 + vat administration fee.

In any case you MUST inform us of any issues you have via support ticket or no refunds will be applicable.

Server Branding
Serverminds Gaming is currently offering FREE debranding of servers, but we do request that you keep Serverminds Gaming.com in the title of your server somewhere if you wish, and we may from time to time offer prizes to those who do.

SETUP TIME SCALES
Most of our services will always be setup for full automation, especially if paid for by an instant method (such as paypal). And setup should be complete within 15 minutes. If you have not been emailed details by this time open a support ticket to bring our attention to it, as sometimes things go wrong.
You MUST open a support ticket if you do not recieve an email with details of your services within 15 minutes of cleared payment.

Serverminds Gaming will not be responsible for any damages your business may suffer. Or that you personally may suffer. We make no assurances that our services may not cost you in other ways and should be used with extreme caution, We do not suggest playing for long periods of time (over 45 minutes at a time) on your game servers.
Loss of Data, slow delivery of service, wrong delivery, or any service interuption will not result in compensation.

Indemnification

Client agrees to indemnify and hold harmless Serverminds, Serverminds,'s affiliates, and its respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys' fees) brought by a third party under any theory of legal liability arising out of or related to customer's content, illegal activity and/or actual or alleged infringement or misappropriation of a third party's copyright, trade secret, patent, trademark, or other proprietary right.

Limitation of Liability

Except as described in the SLA, Serverminds shall not be liable to customer for harm caused by or related to customer's services or inability to utilize the services unless caused by gross negligence or willful misconduct. Serverminds shall not be liable to customer for lost profits, indirect, special or incidental, consequential or punitive damages. notwithstanding anything else in this Agreement, the maximum aggregate liability of Serverminds and any of its employees, agents or affiliates, under any theory of law shall not exceed the amount paid by the customer for Services for the six (6) months prior to the occurrence of the event(s) giving rise to the claim.