Terms of Service

For ease of reference, certain words used throughout the terms and conditions are given a specific meaning:

• "Fragnet Networks" means the Fragnet.net Web Site and Game Server Hosting Service, affiliated services hosted and sold through partner sites owned and operated by Fragnet Networks.
• "Server Application" means software which provides access from one User to another User. Users use client software running on a PC to connect to the server software.
• "Game Server" means a Fragnet Networks system of software and hardware that allows a User to connect to other Users within a single Server Application via the Internet. Besides just games, Game Server can refer to Voice Servers and any other related services.
• "Game Server Hosting" means the rental of the Fragnet Networks Game Servers to Users.
• "Services" means the services offered by Fragnet Networks via the Fragnet.net web site, game servers or any other server applications including but not limited to voice servers, FTP servers or web hosting servers.
• "Customer" means any User that is a Game Server Hosting subscriber who has paid in full for Game Server Hosting services, and is in good standing.
• "Username" means the unique identifier chosen by the Customer during registration, which can be adjusted through their account settings.
• "Maxplayers" means the number of players that may join the Customer's Game Server at a single time. This number is typically determined by the Customer at the time of purchase.
• "User" means any party using the Web Site or other Fragnet Networks services.
• "Trusted User" means any person that the Customer has given admin rights to and allows this person to contact Fragnet Networks on behalf of the Customer for changes, passwords, etc.
• "Web Site" means Fragnet Network's web site hosted at www.Fragnet.net or such other web site as Fragnet Networks may use from time to time.
• "Clan Site" means Customer's web site as hosted through Fragnet Networks or Fragnet Network's web hosting partner(s).
• "Administrator" means a member of Fragnet Network's Administration staff.
• "User's Clanmates" means the online friends or team mates of the User who also participates in the User's Fragnet Networks Services.
• "Wallet" or "Credit Balance" means any pre-paid funds, promotional credits, or refunded amounts stored in the Customer's Fragnet account for use toward future service purchases.

When signing up for game server hosting Services, each User agrees to register using his/her correct name, address, and other requested details. In the event that any such information changes, the User must notify Fragnet Networks immediately of such change.

Acknowledgment

You specifically acknowledge that Fragnet Networks and its affiliates are not a part of or associated with any game publisher or developer whose products are hosted through our services, including but not limited to Valve Corporation, Mojang Studios, Bohemia Interactive, or any other third-party brand.

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.

Legal Authority

You must have parental consent or 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.

Changes to the Web Site and Key Service Issues

The User acknowledges and accepts that Fragnet Networks may from time to time alter any aspect of the Web Site, or any of the services or products provided through the Web Site, as it thinks fit and without notice to the User. The User accepts that it will have no claim for breach of contract or otherwise in respect of any such alteration.

Fragnet Networks reserves the right to e-mail Users at the e-mail address provided regarding any key service issues and it will be presumed that such e-mails will have been read. Fragnet Networks may run automated searches for abuse of its Services and Customers are deemed to have accepted this limited intrusion into their rented Services and Fragnet Networks accounts.

Reselling of Ranked Services

Reselling of RANKED Services is strictly prohibited. Any such activity may lead to immediate cancellation with no rights to refund.

Usernames and Passwords

Each Customer creates a username and password during registration, which are used to access and administer their services. Usernames and passwords are not to be made public. The Customer is responsible for all access to their services and account.

The Customer shall not disclose any username, password or other security information to others. Repeated security infractions may result in account suspension.

Customers can change their password at any time or reset it via our password reset page.

Account Security

You create a username and password during the registration process. You agree to keep confidential all passwords and account credentials and are solely responsible for any liability or damages resulting from your failure to maintain that confidentiality. You are also solely and fully responsible and liable for all activities that occur under your account. You agree to immediately notify Fragnet Networks if you suspect any breach of security.

Restricted Use

You agree not to permit anyone else to use your membership data. Each account may only be used by one member of your household or business. You agree that services are not to be used to host peer-to-peer applications that you are not actively using. You agree that the services are not to be used to trunk or facilitate public internet access ("Hotspots") or any other Public Use of the Service.

International Use

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

The User warrants that in its use of the Web Site and Services it shall:

1. Not, beyond normal use, act in any manner which negatively impacts the equipment or network of Fragnet Networks or is likely to lower Fragnet Networks's quality or brand image.
2. Use the Web Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Web Site by any third party.
3. Not engage in any conduct which is unlawful, or which may harass or cause distress or inconvenience to any person.
4. Not upload, post, transmit or distribute any material in which the User does not own or has license to the intellectual property rights, or any material which is unlawful, harmful, threatening, abusive, libelous, pornographic, obscene, or racially or ethically objectionable.
5. Not upload, post, transmit or distribute any material which contains a computer virus or other code intended to disrupt or adversely affect the operation of systems.
6. Be aware that in using Fragnet Networks, Users may travel over other networks and will be bound by the Terms and Conditions imposed by the operators of those networks.

Games Conduct

When playing on Fragnet Networks's own maintained demo game servers, Users must act in a sportsmanlike manner at all times. Malicious behavior will not be tolerated.

For Customer rented Game Servers, players are advised to follow the rules set forth by the Customer and the Customer's designated game server administrator(s).

Anti-Cheat Policy

When playing on Fragnet Networks's public demo Game Servers, players who are suspected of cheating or hacking may be banned from all Fragnet Networks servers, and may have their handles, unique player IDs, IP addresses, and any other collected information made public and/or sent to community blacklists.

Fragnet Networks's customers' individual communities each have their own set of rules usually posted on their sites or forums. Users are expected to learn them and abide by them.

Rules Relating to Communication

Users shall not use any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually orientated, racially offensive, or otherwise objectionable material. Fragnet Networks accepts no responsibility for the content of any postings by Users and retains the right to remove any posting which is in breach of these Terms.

Users shall not advertise any products, services or refer to specific web site addresses without obtaining consent of Fragnet Networks. As a User, you agree to indemnify Fragnet Networks against any damages, loss, costs or expenses arising from any posted material.

Server Port Numbers

Each Customer's service is assigned specific port numbers. These port numbers must not be changed by the Customer or their administrators, as changing port numbers will render the server unusable.

Service Limits on Use

Fragnet Networks offers services on both a per-slot and per-resource (CPU, RAM, disk) basis. Customers must stay within the resource limits of their purchased plan. For per-slot services, spectators, bots, and summoned creatures are counted as players due to the increase in server resources they require.

Disk space is configurable and upgradable through your control panel for most products. For game server databases, if a database exceeds 5 GB, the Customer will receive a warning via email and must either upgrade their plan or reduce database size within 48 hours.

Game Server FTP/SFTP Use

The FTP and SFTP access and file space provided with Fragnet Networks game servers is to only be used for game files directly related to the game server. The file space is not to be used as a file store or file share.

Resource Demanding Mods and Plugins

Any modifications, plugins, or mods that cause sustained 100% resource usage (CPU or memory) over an extended period may result in the suspension of the service or removal of the offending plugin/mod by Fragnet Networks staff. We will attempt to notify the Customer before taking action where possible.

Backups and Important Data

Customers are responsible for scheduling and maintaining backups of their important files, configurations, and databases through our control panel. Teamspeak 3 servers include automatic daily backups with a retention period of 7 days. For all other services, no automatic backups are provided.

Reversed Payments

The customer agrees to contact Fragnet Networks by email at support@fragnet.net or via our customer portal before initiating any payment reversal or chargeback.

Late Payment

If the Customer fails to pay any fees owed by the invoice due date, the associated service will be suspended after 1 day of the due date. If payment is not received within 14 days of the due date, the service will be terminated and all associated files and data will be permanently deleted.

Fragnet Networks does not apply late fees. However, in the event of collection enforcement for outstanding debts, Customer shall be liable for any costs associated with such collection, including legal costs and attorneys' fees.

Valid Coupon Code Uses

Coupon codes can only be used for what they are advertised for. If a customer uses a coupon code for a service or product not advertised as a valid use, the amount is subject to adjustment or change without notice.

To request a refund under this guarantee, open a support ticket through our customer portal or send an email to support@fragnet.net within the 3-day period. Refunds will be issued to the original payment method. Depending on the payment method used, some refunds may be processed instantly.

This voluntary guarantee is in addition to, and does not replace, your statutory rights under applicable consumer protection laws, including the EU right of withdrawal described in Section 9.

General Terms

All credit can only be used to pay for Fragnet services or donated to another registered Fragnet user. Credit balances cannot be redeemed for cash or withdrawn.

Validity

Paid Credit is valid for three (3) years from the date of issue. Promotional Credit is valid for one (1) year from the date of issue. Fragnet Networks will notify the Customer by email at least 30 days before any credit expires.

Termination

If a Customer's account is terminated for cause (including but not limited to breach of these Terms), any Promotional Credit will be forfeited. Paid Credit remaining at the time of termination for cause will be retained for 90 days, during which the Customer may contact support@fragnet.net to request that the Paid Credit be applied to outstanding invoices or donated to another registered Fragnet user. After 90 days, any remaining Paid Credit will be forfeited.

Cancellation

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.

To cancel your account, you must login to your customer area, go to your services and submit a cancellation request. For security reasons, this is the only accepted method of cancellation. If you have a PayPal subscription, you must also cancel it directly through PayPal to prevent further automatic payments.

However, by placing an order and agreeing to these Terms, you acknowledge and consent that Fragnet Networks may begin providing the service immediately. You understand that once the service has been fully performed (i.e. your game server or other service has been provisioned and made available to you), you may lose your right of withdrawal in accordance with Article 16(a) of Directive 2011/83/EU.

To exercise your right of withdrawal, you must inform us of your decision by a clear statement (e.g. via a support ticket at our customer portal or email to support@fragnet.net) before the withdrawal period expires. Upon valid withdrawal, we will reimburse all payments received from you without undue delay, and in any event within 14 days, using the same payment method as your original transaction.

Cancellation After the Guarantee Period

If you cancel your subscription after the 3-day money-back guarantee period, a pro-rata refund for the unused portion of your current billing period will be issued as wallet credit to your Fragnet account. Wallet credit is subject to the terms described in Section 8. No cash refunds will be issued for cancellations made after the 3-day guarantee period.

Copyright and Intellectual Property Rights

The User acknowledges that all copyright, trademarks (registered or unregistered), know-how, design rights and all other intellectual property rights in the Material, the Web Site and the Services shall belong to Fragnet Networks. Other than to the extent required to access and view the Web Site, or for approved affiliates, no copying, distribution, or modification of the Web Site or any Material is permitted. Resale or supply of any Material is expressly prohibited.

The User acknowledges that certain Material is supplied under license and that the intellectual property rights in such Material are owned by the licensor.

Software Piracy

The user acknowledges that they own a legitimate purchased copy of the game or games for which they are acquiring servers. The user agrees that they will not alter their server in any way so as to disable, nullify or circumvent any copy protection safeguards.

To the maximum extent permitted by applicable law, Fragnet Networks's total aggregate liability to the Customer for all claims arising out of or in connection with these Terms or the Services, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees actually paid by the Customer to Fragnet Networks during the twelve (12) months immediately preceding the event giving rise to the claim.

Fragnet Networks shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profit, revenue, data, or goodwill, whether or not Fragnet Networks has been advised of the possibility of such damages.

Nothing in these Terms shall limit or exclude Fragnet Networks's liability for:

1. (a) death or personal injury caused by its negligence;
2. (b) fraud or fraudulent misrepresentation;
3. (c) gross negligence or willful misconduct; or
4. (d) any other liability that cannot be excluded or limited under applicable law, including mandatory consumer protection provisions.

User's Assumption of Risk

There is a risk that other users may attempt to access your computer through the Internet or connected networks. You acknowledge this risk as inherent to the shared nature of the services and agree to take full responsibility for taking adequate security precautions and safeguarding your data.

Computer and Telecommunications Faults

The User acknowledges that computer and telecommunications systems are not fault free and may require periods of downtime for repair, maintenance and upgrading. Fragnet Networks does not guarantee uninterrupted availability but shall make reasonable effort to minimize any periods of unavailability.

Indemnification

Customer agrees to indemnify, defend, and hold harmless Fragnet Networks, its directors, officers, employees and agents against any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action is based upon a claim that: (i) constitutes a breach of Customer's representations or agreements hereunder; (ii) arises out of the gross negligence or willful misconduct of Customer; or (iii) any of the Customer's Content infringes or violates any rights of third parties.

Disclaimer of Warranties

YOUR USE OF THE SERVICE AND/OR SOFTWARE IS AT YOUR SOLE RISK. THE SERVICE AND/OR SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FRAGNET NETWORKS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

FRAGNET NETWORKS MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS OR SERVICES OBTAINED WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Sweden. The exclusive forum for any legal proceedings shall be the courts sitting in Stockholm, Sweden.

Nothing in these Terms shall deprive you of the protection afforded by provisions that cannot be derogated from by agreement under the law of your country of habitual residence.

Alternative Dispute Resolution

If you are a consumer resident in Sweden, you may refer a dispute to the Swedish National Board for Consumer Disputes (Allmänna reklamationsnämnden, ARN), Box 174, 101 23 Stockholm, Sweden (www.arn.se). ARN's decisions are recommendations and are not legally binding.

If you are a consumer resident in the EU/EEA, you may also contact your national consumer dispute resolution body. A list of certified ADR entities is available at consumer-redress.ec.europa.eu.

For business customers, any dispute arising out of or in connection with these Terms that cannot be resolved amicably may be referred to arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (SCC). The seat of arbitration shall be Stockholm, Sweden.

Nothing in this section restricts your right to bring proceedings before a competent court.

Provisioning of services is subject to the availability and operational limitations of the requisite equipment and associated facilities. You understand that temporary interruptions of services may occur as normal events and that Fragnet Networks is not liable for such interruptions.

Fragnet Networks will not be liable for any failure of performance if such failure is due to any cause beyond Fragnet Networks's reasonable control, including but not limited to acts of God, fire, explosion, vandalism, natural disasters, terrorism, cable cuts, storms, any law, order, regulation or action by any government or military authority, national emergencies, insurrections, riots, wars, labor difficulties, supplier failures, shortages, breaches or delays.

Fragnet Networks International AB processes personal data in accordance with the EU General Data Protection Regulation (GDPR) and applicable Swedish data protection law. For full details on how we collect, use, store, and protect your personal data, please refer to our Privacy Policy.

By using our Services, you acknowledge that you have read and understood our Privacy Policy.

Updates

These TOS may be updated or changed from time to time. If Fragnet Networks makes a material change, you will be provided notice. Your continued use of services following such notice constitutes your acceptance of those changes.

Effect of Failure to Comply

Failure to comply with any Terms and Conditions may result in:

1. A formal warning.
2. Suspension or removal of one or all of a Customer's Services.
3. Additional charges to a Customer's account and/or early termination of services.
4. Network-wide ban of User, User's Clanmates, and User's Admins from all Fragnet Networks hosted servers.

Any decision made by Fragnet Networks with regards to a User's failure to comply will be final and all cases will be considered individually upon their merits.

Acceptance of Terms

In using any Fragnet Networks Service, the User agrees to be bound by these Terms and Conditions. Failure to accept these Terms means the User does not have permission to access the contents of the web site and associated services.

Violation of the terms and conditions contained in this document may result in immediate termination of customer's account with no refund.