Please ensure you fully read our Terms of Service before you place your order as they constitute a legally binding agreement. We reserve the right to modify these terms of service at any time without prior notification.
1. ACCEPTANCE OF TERMS
Empower Servers (“Company”), provides Services (as defined below) to you through this website (“Website”) and access to and use of this Website and the Services are provided to you subject to your acceptance of and compliance with the following terms and conditions (“Terms”).
By indicating your acceptance below, you acknowledge that you have read, accepted, and agreed to these Terms. If you do not agree to these Terms, you will not be able to use this Website.
In addition, when using the Services, you will be subject to any posted guidelines or rules applicable to such Services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. Empower Servers reserves the right to change these Terms at any time without prior notice and your continued access or use of this Website or the Services after such changes indicates your acceptance of the Terms as modified. It is your responsibility to review these Terms regularly. These Terms were last updated on June 7, 2019.
If you do not agree with one or more of these Terms, do not access or use this Website or the Services.
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full first month.
2. REGISTRATION OBLIGATIONS
To use certain areas of this Website, you must first complete the registration process to create an account (“Account”) and select and register a unique user name and password (collectively, “Credentials”). Your Account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify Empower Servers if you know or suspect that your Account or Credentials have been used by any other person.
During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or Empower Servers has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Empower Servers has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. Individuals under 18 years of age cannot register on any portion of this Website without parental consent.
Empower Servers may act upon any communication that is given through your Account or by using your Credentials. Empower Servers is not required to verify the actual identity or authority of a person using your Account or Credentials, but Empower Servers may in its discretion at any time require verification of the identity of a person seeking to access your Account and may deny access to and use of your Account if Empower Servers is not satisfied with the verification. If Empower Servers, in its discretion, considers your Account or Credentials to be unsecure or to have been used inappropriately, then Empower Servers may immediately cancel the Account or Credentials without any notice to you. You may be required to change your Credentials from time to time.
3. DESCRIPTION OF SERVICES AND BILLING POLICIES
Empower Servers is offering to persons who have Accounts with access to game servers (the “Services”). The provision of the Services is subject to these Terms, the Services subscription or other terms you accepted when purchasing the Services.
If for any reason you are unsatisfied with our service, you may cancel at any time. We only provide refunds at our discretion in the event of service outage or significant downtime.
Our invoices are generated 14 days before the service’s next due date. An email notification will be sent to you as soon as the invoice has been generated. Once an invoice has been generated you have the right to cancel the service before the next due date without any penalty or charge to you..
Payments made using a credit / debit card through our credit / debit card gateway will automatically be charged on the due date found on the invoice. You’ll not be charged if a cancellation request exists for the service. If for whatever reason we’re unable to process the payment on the invoice due date, you’ll be sent an email to the email address listed on your account to notify you of this. In the event of a chargeback received on any invoice, we will charge your account a $50 fee to cover chargeback expenses and processing.
If we’re unable to process a payment for a service due for renewal, or payment is not made on, or before the specified due date for the service the following actions are taken. The service is placed into a suspended state whereby the service can’t be used. This takes place the day after the next due date if the invoice for the related service is unpaid. Whilst the service is in the suspended state you can either choose to continue your service by paying the invoice or, submitting a cancellation request should you wish to no longer continue with the service. We commit to keep your service in this suspended state for a minimum of 5 days after the due date during which your data will be preserved. If the service has still not been renewed 5 days after the due date you accept the related service will face termination, cancelling the invoice, service and removing any files relating to it.
Should you require additional time to make payment you’re required to contact our billing department via a support ticket. Please note additional time will not always be given and the decision to do so or not is under our discretion. During which time you accept that your service will remain suspended until payment has been received, unless told otherwise by a staff member.
5. USE OF THE WEBSITE
Empower Servers authorizes you to view, download and print a single copy of materials and content provided on this Website for your personal, non-commercial use only and only in connection with your registering with Empower Servers or using the Services. You may not remove any trade-mark, copyright or other proprietary notices from such copy nor modify the material or content in any way. Except as otherwise set out in these Terms, any copying or reproduction of this Website’s materials or content, in whole or in part, for commercial purposes or distribution, re-transmission, republication, modification, reverse engineering, sale or other exploitation of this Website or this Website materials or content without the prior written permission of Empower Servers is strictly prohibited. Empower Servers reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and Empower Servers reserves the right to suspend or terminate your access to any part of this Website or the Services immediately, without prior notice, at its sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of this Website or the Services.
6. TRADE-MARKS AND COPYRIGHT
Empower Servers, this Website domain and other trade names or trade-marks of Empower Servers used on this Website], and related words and logos are trade-marks or trade-names of Empower Servers in Canada and other jurisdictions. Empower Servers is also the owner in Canada as well as other foreign jurisdictions of additional trade-marks, registered and unregistered. Nothing in these Terms or on this Website will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of Empower Servers. The names of other companies, products and services referred to on this Website may be trade-marks or trade-names of their respective owners. Any unauthorized use of the trade-marks or trade-names of Empower Servers or of third parties is strictly prohibited.
The materials provided on this Website including, without limitation, all portions of this Website, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to the Empower Servers materials remains with Empower Servers and any unauthorized use of such materials is strictly prohibited. Empower Servers reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trade-mark and copyright law.
7. USER GENERATED CONTENT
Services provided by this Website allow users to post and exchange information, ideas and opinions (“User Content”), but Empower Servers does not screen, edit or review any User Content before they are posted or transmitted on any of our servers. Please note that posted or transmitted User Content do not necessarily reflect the views of Empower Servers, and Empower Servers disclaims all responsibility for any such User Content and for any losses or expenses resulting from their use or appearance on this Website.
We value your visit to this Website and welcome any questions, comments or feedback you might have about this Website, these Terms or any of the products or services offered by Empower Servers (“Feedback”). Please refer to the Contact section of this Website for phone and fax numbers and email addresses.
If you provide User Content or Feedback, you grant Empower Servers a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use and commercialize the feedback in any way and for any purpose without providing any compensation to you or any other person. You also grant Empower Servers the right to use the name you submit with the User Content or Feedback, if any, in connection with Empower Servers’s rights hereunder.
Hyperlinks on this Website are provided for your convenience only. These links do not imply an endorsement of any linked sites or an affiliation with their owners or operators. Empower Servers has no control over the content of any linked site. This content is the sole responsibility of the owner or operator of the linked site.
In addition to complying with these Terms, you agree to use this Website, the Services and materials on this Website for lawful purposes only and in a manner consistent with local, national or international laws and regulations. Some jurisdictions may have restrictions on the use of the Internet by their residents.
Potential users of this Website or the Services, in any jurisdiction of the world whose laws would: (i) void these Terms in whole or in any essential part (the essential parts being at least, but not only, the provisions relating to governing law, and limitation of liability); or (ii) render accessing this Website illegal; are unauthorized to use this Website.
You agree not to use the Services or this Website in any manner that: (i) infringes, violates or misappropriates the intellectual property rights of any third party; or (ii) may be considered defamatory, discriminatory or otherwise malicious or harmful to any person or entity.
You will defend, indemnify and hold harmless Empower Servers from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website, its content or materials, or the Services, User Content or Feedback, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, Empower Servers retains the right to participate in the defense of and settlement negotiations relating to any third party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
You understand and agree that:
(a)Use of this Website and the Services is at your sole risk. This Website and the Services are provided on an “as is”, “as available” basis. Neither Empower Servers, its parent, subsidiaries, affiliates, nor any of their respective employees, agents, officers, directors or third party service providers (collectively, “Empower Servers Parties”) make any warranty or condition of any kind, whether express or implied, regarding this Website or the Services and Empower Servers Parties specifically disclaim the implied warranties and conditions of merchantable quality, fitness for a particular purpose and non-infringement of third party rights, to the maximum extent permitted by law.
(b)Empower Servers Parties make no warranties or conditions regarding the quality, reliability, timeliness or security of the Services or that the Services will be uninterrupted or error-free. Empower Servers Parties assume no responsibility or liability for the deletion or failure to store or access, or to store or access properly, email messages and electronic files. You assume the entire risk in downloading or otherwise accessing any data, files or other materials obtained from third parties as part of the Services, even if you have paid for virus protection services.
(c)The access to and downloading of material from this Website is done at your own risk. Empower Servers makes reasonable efforts to ensure that this Website is virus-free, but Empower Servers does not at any time guarantee or warrant that such materials are free of viruses, worms, Trojan horses or other destructive code. You are responsible for implementing safeguards to protect your computer system and data and you are responsible for the entire cost of any service, repairs or corrections necessary as a result of the use of this Website or the Services.
12. LIMITATIONS OF LIABILITY
In no event will Empower Servers parties be liable to you for any direct, indirect, consequential, incidental, special, compensatory or punitive damages or losses or damages for loss of income, loss of business profits, business interruption, loss of data or business information, loss of or damage to property and claims of third parties or other pecuniary loss, arising out of or related to these terms, the use of this website or the services. Empower Servers parties will not be liable for any actual or alleged infringement by any third party materials available through the services. In no event will the cumulative liability of Empower Servers parties arising out of or related to these terms exceed the amount paid by you in the one month immediately prior to any claim. To the extent that some jurisdictions do not allow exclusions or limitations on some categories of damages, these exclusions or limitations may not apply to you.
The foregoing disclaimers and limitations of liability apply regardless of the causes, circumstances or form of action giving rise to the loss, damage, claim or liability, even if such loss, damage, claim or liability is based upon breach of contract (including, without limitation, a claim of fundamental breach or breach of a fundamental term), tort (including, without limitation, negligence), strict liability or any other legal or equitable theory, and even if advised of the possibility of the loss, damage, delay, claim or liability.
You acknowledge and agree that these Terms present a fair allocation of risk and liability, and that this Section 12 is an essential part of the bargain between the Parties, a controlling factor in setting any fees or other charges, and an inducement to the Parties to enter into these Terms.
These Terms cannot be modified except as described herein. Anything in this Website inconsistent with these Termsis superseded by these Terms. No waiver of any of these Terms will be deemed a further or continuing waiver of such Term or any other Term. If in any jurisdiction, any of these Terms are held to be unenforceable by a court of competent jurisdiction, such Terms will be restricted or eliminated to the minimum extent necessary and the remaining Terms will otherwise remain in full force and effect. The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.
The relationship between Empower Servers and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms or this Website.
These Terms and the subject matter of these Terms and all related matters will be governed by, and construed in accordance with, the laws of the Province of Ontario, Canada and the laws of Canada applicable in Ontario, excluding any laws that implement the United Nations Convention on Contracts for the International Sale of Goods or the United States Uniform Commercial Code, and excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws. Subject to the following paragraph, you submit to the exclusive jurisdiction of the courts of the Province of Ontario.