TERMS AND CONDITIONS

A. These Website User and Membership Terms and Conditions govern your use and access to and/or membership in, gmod.network Hereinafter, gmod.network 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, or simply a registrant who posts to and reads our message boards, or if you are merely browsing our site.

B. gmod.network is in the community whom accepts donations. In return, we provide perks to users. We provide gaming server space, web pages, message boards, 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 gmod.network you agree to be bound by these Terms and Conditions.

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.

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 gmod.network 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.

II. 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 gmod.network 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.  
III. MEMBERSHIP:

A. Membership. Membership and passwords may not be assigned, transferred, or sold to a third party. gmod.network 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.

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

A. Access. To access gmod.network 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 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 perform 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 aspects 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 gmod.network 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.

V I. 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 you access. We reserve the right to modify our services at any time, 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 subcontract 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.

C. Buying a perk inside of the game server should be followed by the rules defined, as once you purchase the item you agree to not charge the money back and all purchases are final. Charging back will mean that you are banned from joining the server permanently and cannot be unbanned from the server and community site. Proof that you agreed to these terms will be presented to PayPal if you charge back.

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 gmod.network, 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 cents.

B. Member Account, Password, and Security. As part of the registration process, you will be issued a unique username 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 that may falsely represent you as somebody else or a name that 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 any way we, in our sole discretion deem inappropriate.

2. Your membership, ID, and password are nontransferable and non-assignable.

3. You represent and warrant that you will not disclose to any other person your unique username 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 username and password and are fully responsible for all activities that occur under your username 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 name 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 gmod.network 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 gmod.network 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 non-refundable. We reserve the right to contract with a third party to process all payments. Such third parties 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 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 cardholder. 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.(Please add your service charges as these are for reference)

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. Sales. All sales are final. No refunds will be issued in the case of account termination.

VIII. TERMINATION:

A. You may cancel your membership at any time by opening a support ticket from within your donate.gmod.network control panel and providing:

1. Our customer service department with a notice of your intent to cancel the membership along with your user name and password; and,

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 another 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 gmod.network 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 otherwise discontinue any of the services or parts thereof.

6. We believe that you have breached any Terms and Conditions

D. Further, you agree that neither gmod.network 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.

IX. DISCLAIMER OF WARRANTY:

A. You expressly agree that the use of our services or any of our materials is at your own and sole risk.

B. Our services are provided “as is” without warranty of any kind, either express or implied, including but not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

C. We make no representations or warranties that our services or any materials contained therein will be uninterrupted, timely, secure, or error-free; nor does gmod.network make any representations or warranties as to the quality, suitability, truth, usefulness, accuracy, or completeness of our services or any of the materials contained therein.

D. You also understand and agree that any material and/or data downloaded or otherwise obtained through the use of our services or any of the materials contained therein is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

E. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. gmod.network does not assume any responsibility or risk for your use of the internet.

F. We make no warranty regarding any goods or services purchased or obtained through our services or any transaction entered into through us and are not responsible for any use of confidential or private information by sellers or third parties.

G. We may change any of the information found on gmod.network at any time without notice including the terms of service without notice. We make no commitment to update the information found on our servers or in our services. We make no commitment to update the materials.

H. The warranties and representations set forth in this agreement are the only warranties and representations with respect to this agreement and are in lieu of any and all other warranties, written or oral, express or implied, that may arise either by agreement between the parties or by operation of law, including warranties of merchantability and fitness for a particular purpose. None of these warranties and representations will extend to any third person. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

X. DISCLAIMER:

A. The provision of any services which is in violation of any laws is strictly prohibited. If we determine that you or any user has provided or intends to purchase or provide any services in violation of any law, your ability to use our services will be terminated immediately. We do hereby disclaim any liability for damages that may arise from any user providing any services for any purpose that violates any law. You do hereby agree to defend, indemnify and hold us harmless from any liability that may arise should you violate any law.

B. You do also hereby agree to defend and indemnify us should any third party be harmed by your illegal actions or should we be obligated to defend any claims including, without limitation, any criminal action brought by any party not affiliated with us.

XI. TRADEMARK INFORMATION:

A. gmod.network is a protected service mark and/or trademark. The terms “gmod.network”  are considered to be our trademark. We aggressively defend our intellectual property rights and we will aggressively pursue anyone who infringes on our trademarks.

B. Other manufacturers’ product and service names referenced herein may be trademarks and service marks of their respective companies and are the exclusive property of such respective owners, and may not be used publicly without the express written consent of the owners and/or holders of such trademarks and service marks.

C. Our marks, logos, domains, and trademarks may not be used publicly except with express written permission from us, and may not be used in any manner that is likely to cause confusion among consumers, or in any manner that disparages or discredits us.

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 are the property of gmod.network or its content suppliers and is protected by the United States and international copyright laws. The compilation of all of our Materials is the exclusive property of gmod.network or it's content suppliers and is protected by the United States and international copyright laws, as well as other laws and regulations.

C. When the Designated Agent receives a valid notice, we will expeditiously remove and/or disable access to the infringing material and shall notify the affected user. Then, the affected user may submit a counter-notification to the Designated Agent containing a statement made under penalty of perjury that the user has a good faith belief that the material was removed because of misidentification of the material. After the Designated Agent receives the counter-notification, it will replace the material at issue within 10-14 days after receipt of the counter-notification unless the Designated Agent receives notice that a court action has been filed by the complaining party seeking an injunction against the infringing activity.

D. We reserve the right to modify, alter or add to this policy, and all users should regularly check back to these Terms and Conditions to stay current on any such changes.

E. You agree that none of the Materials are being or will be acquired for, shipped, transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or be used for proscribed activities.

F. 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.

G. When Notice is Effective. Notices shall be deemed effective upon delivery.  Notices delivered by overnight carrier (e.g., United States Express Mail or Federal Express) shall be deemed delivered on the business day following mailing.  Notices mailed by United States Mail, 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.

H. 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.