Foundation Republic Limited Liability Agreement
Clients must accept and abide by the following terms and conditions.
You agree to use all TrustEndpoint and Foundation Republic services at your own risk. TrustEndpoint and Foundation Republic specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall TrustEndpoint and Foundation Republic be liable for any loss of data, or any other commercial damage, including but not limited to special, incidental, consequential or other damages. The customer agrees that it shall defend, indemnify, save and hold TrustEndpoint and Foundation Republic harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney/lawyer's fees asserted against TrustEndpoint and Foundation Republic, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless TrustEndpoint and Foundation Republic against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connected with TrustEndpoint and Foundation Republic. TrustEndpoint and Foundation Republic reserves the right to intervene with any of the services hosted or controlled by TrustEndpoint and Foundation Republic. Furthermore TrustEndpoint and Foundation Republic shall be the sole judge of what violates these terms. These terms are subject to change at any time without notice.
By subscribing to our website, server, or other services, you, the client, are in agreement with the TrustEndpoint and Foundation Republic Terms of Service. TrustEndpoint and Foundation Republic reserves the right to cancel, suspend or terminate any service provided with or without a refund or notice or warning for any reason. TrustEndpoint and Foundation Republic also reserves the right to change and modify the Terms of Service at any time with or without client notification. It is up to the client to periodically check and familiarize themselves with the recent Terms of Service. If any client does not comply with the new Terms of Service modifications, their service will be terminated. TrustEndpoint and Foundation Republic provides clients with an SSL-secured purchasing environment. TrustEndpoint and Foundation Republic is not responsible for the misuse or purchasing of servers on a client's account. There must be a valid reason for your cancellation which will be determined by TrustEndpoint and Foundation Republic.
Service Payment, Refunds, and Cancellation Guidelines
All payment invoices are generated 14 days before payment is due. Failure to pay before the due date may result in suspended service until payment is received. After 5 days of non-payment, the service will be suspended with or without any notification. Late payments are subject to a 10% late fee. After 10 days of non-payment from the due date, the service will be terminated and TrustEndpoint and Foundation Republic will not be responsible for any data loss due to termination.
TrustEndpoint and Foundation Republic reserves the rights to deny or provide refunds for their services with or without reason, regardless of the Service Refunds and Cancellation Guidelines, especially if the user does not follow Acceptable Use Policy. Game servers contains a 48-hour refund* period from the ORIGINAL service start date. Any and all dedicated server packages contain NO refund. This is due the service we have to provision from our datacenters. All cancellations must be given 14 days before the next billing due date. Refunds only apply for New Users/Accounts. Existing users with more than one subscription are eligible for pro-rated refunds. Any and all payment disputes associated with the client's service will cause the client's service to be automatically suspended until the dispute is rectified. Chargebacks will also be considered as a refund. If a refund is applied using PayPal, the processing fees for PayPal are removed from the refunded amount.
When a client has a credit on their account, they have the ability to order any service TrustEndpoint and Foundation Republic is offering and have their credit balance applied to the order total. The payment is deducted from the client's credit. When a client requests a cancellation, all credit in the account is non-refundable. If a client happens to cancel their service, they understand they need to cancel their subscription services through their payment gateway. TrustEndpoint and Foundation Republic does not have access to cancel these for the client. All payments made to a client's account AFTER a cancellation/termination from a subscription service is not refundable and TrustEndpoint and Foundation Republic takes no responsibility and will not be held liable for these excess charges. It is the client's responsibility to cancel their subscription services through their payment gateway.
TrustEndpoint and Foundation Republic strives for a 99% uptime on all network-side servers. In the event a client's service goes down for maintenance and/or other issues not controlled by TrustEndpoint and Foundation Republic, no refund will be issued. In the event your service is down for more than twenty-four (24) consecutive hours, TrustEndpoint and Foundation Republic will credit the client a pro-rated amount for the amount of the monthly service price.
Server File Backups
Even though TrustEndpoint and Foundation Republic keeps backups of all server files, client file and database backups are not guaranteed. Client is responsible for their own data management and contingency procedures. Client-Server Sharing and File Responsibility TrustEndpoint and Foundation Republic services an environment with the sole purpose of providing hosting services and will not be held responsible for a client sharing his or her account, account information or files on said account, whether those shared with are Administrators or sub-users on the account. In the event where shared accounts with other users such as Administrators or sub-users become malicious to the client, e.g. due to conflicting interest, etc., TrustEndpoint and Foundation Republic is not responsible for this action. Furthermore, all files stored on a client's server, excepting for the files that come standard such as operating system, security, or TrustEndpoint and Foundation Republic-generated files, is also the responsibility of the client and holds no merit with TrustEndpoint and Foundation Republic. Any files which are copyright and used or upload by client is also the client's responsibility.
Acceptable Use Policy
Client agrees to not attempt to modify the products or services as purchased from the original specifications. The client also agrees to not attempt to access any data or services outside of the client's given user directory or permission level. Client agrees to not exceed their package amount of storage space on their server. Doing so may prevent additional data being written to their server, therefore preventing the ability for game data to be saved. TrustEndpoint and Foundation Republic will not be responsible for such data loss. Support tickets are limited to basic installations, configurations, and instructing users on initial server installation. For advanced plugin assistance, please refer to the plugins forum page. Spamming of the ticket system will not be tolerated and may result in service termination. Allow up to 24 hours for responses. TrustEndpoint and Foundation Republic reserves the right to re-configure, reboot, or shut down any server as necessary in the event that it is adversely affecting the hardware or other users, with or without prior notice. Failure to adhere to the acceptable use policy will result in service termination with no refund.
The client understands and agrees that our Distributed Denial of Service (DDoS) protection is designed to mitigate attacks sent to their server and/or node. The client also understands and agrees the attacks may become so violent that the server and/or node may experience some lag and/or slow response until the offending ips are mitigated. Furthermore, the client also understands and agrees any attempt by the client and/or clients friends, colleagues, acquaintances, family members or any person, company or entity affiliated with said client to knowingly and wilfully attack their service and/or any service provided by TrustEndpoint and Foundation Republic will result in an immediate termination of any and all services rendered to said client without any refund for any services. The client also understands and agrees to hold TrustEndpoint and Foundation Republic harmless and not liable for any and charges, file loss, player loss, data loss or overage occurred by any attack sent to their server and/or node.