TERMS & SERVICE AGREEMENT
This Service Agreement governs customer's purchase and use, in any manor, of all services, including but not limited to Cloud Gaming Services and Reseller services, as described in the Order Form, ordered by customer and accepted by Ant eSports Pvt. Ltd also known as AntPlay.tech and describes the terms and conditions that apply to such purchase and conditions contained in this Agreement, the Addendum and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any modifications will be effective upon posting of the revisions to our site.
AntPlay may post changes or modifications to be referenced policies ad guidelines without notice to you. Your continued use of the Services following AntPlay posting of any changes or modifications will constitute your acceptance of such changes or modifications. IF CUSTOMER DOES NOT AGREE TO THE TERMS OF ANY MODIFICATION, DO NOT CONTINUE TO USE THE SERVICES AND IMMEDIATELY NOTIFY ANTPLAY OF YOUR TERMINATION OF THIS AGREEMENT IN THE MANOR DESCRIBED BELOW.
3. Initial Agreement Terms
This Agreement shall be for an "Initial Term" of active registration and subscription for all services except where specific terms are defined within services agreement – including but not limited to Cloud Gaming Services and Reseller services. Customer agrees to all terms and conditions of services provided by AntPlay beginning upon acceptance during signup process.
4. Renewal of Agreement Terms
This agreement will be automatically renewed (the "Renewal Term") at the end of the Initial Term for the same period as the Initial Term unless you provide AntPlay with notice of termination either (a) at least thirty (30) days prior to the end of the Initial Term or the Renewal Term, whichever is then applicable.
5. Account Setup
Website signup process will setup your account and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with correct information you are signing up under and other contact information.
6. Fees and Payment Terms
- Initial payment is due upon activation of account. Activation takes effect on the date of receipt of payment and will be renewed automatically for identical successive periods per sales quotation, sales order or online pricing selected and approved by customer. Any changes to the customer’s service package shall be billed accordingly.
- Accounts that are fifteen (15) days past due on remittance of payment will result in an automatic deletion
- AntPlay may charge set up fees, recurring service fees, and other one-time fees for optional services and, if requested by you. Unless otherwise specified in any written offer or promotion, the Service Fees published on the AntPlay website for the particular brand of Service you ordered are applicable to all transactions between you and AntPlay. AntPlay may amend the Services and/or the Service Fees associated with any of the Services at any time and from time to time without notice to you.
- If AntPlay does not receive payment, you agree to pay AntPlay all amounts due upon demand. AntPlay may charge you for a late payment fee equal to two point four percent (2.4%) on any overdue balance
- AntPlay may, in its sole and exclusive discretion, immediately suspend or terminate your Services without notice to you if Payment Process fails.
- You understand and agree that you are responsible for any and all network bandwidth, compute, hard-drive usage, and any other overage charges you incur for using the Services, even if such overages arise because your account is compromised or "hacked".
- Information Collected: We do not provide the information collected from you to any third party for any reason what-so-ever. However, we do have to co-operate with law enforcement agencies authorized by the government if they do ask us about the contact details we have for you.
- Information Use: This information is used for billing and to provide service and support to our customers. We may also study this information to determine our customers needs and provide support for our customers. All reasonable precautions are taken to prevent unauthorised access to this information. This safeguard may require you to provide additional forms of identity should you wish to obtain information about your account details. AntPlay may email its monthly newsletter to the primary contact e-mail on file, but customers are able to opt out of this newsletter at any time.
- Log Files: We use IP addresses to analyze trends, administer our site and servers, track access, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. It is possible that personal information about a customer may be included in the log files due to the normal functions of IP addresses and Web browsing.
- Disclosing Information: We do not disclose any personal information obtained about you from this website to third parties. We may use the information to keep in contact with you and inform you of developments associated with our business. You will be given the opportunity to opt out from any mailing list or similar device.
- Electronic Communication: You will be asked to provide your email address to us during the signup process to be able to communicate with you and we also ask you to provide us with your actual postal address, telephone number & fax number in order to check and verify the distance between the address mentioned & the location of signup. This is an important part of the verification process we follow for each signup which we receive. Normally we send all our notifications through emails which we have for your account on our record.
- Duration: The information so provided by you during registration is kept in our records till the time you are our active customer.
8. Backups and Data Loss
- Your use of the service is at your sole risk. AntPlay is not responsible for files and data residing on your account**. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on AntPlay servers.
- AntPlay automatically generate backups of all machines once every 24 hours, with weekly off site backups. Dedicated servers are not automatically backed up or protected. If loss of data occurs due to an error of AntPlay, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, AntPlay will attempt to recover the data from the most recent archive for an extra fee.
- **Except where customer and AntPlay enter into a professional services agreement to provide data backup services or specific data protection services are included in the service for clients with hosted or out of datacenter computers and servers.
9. Service Level Definitions
- AntPlay infrastructure is defined as AntPlay owned and operated infrastructure consisting of solely selected AntPlay equipment housed within a single AntPlay managed data center space.
- All hosted products and services provided by AntPlay are supported directly by AntPlay or by a third party on AntPlay behalf. Customers are to reports issues and outages of supplied products and services directly to AntPlay and not to AntPlay suppliers or licensing companies
11. Acceptable Use Policy ("AUP")
- Without limiting the generality of the provisions of all Subsections above, Customer will not allow the Service or AntPlay equipment to be used for activities prohibited by the AUP. Third party violations of the AUP using Customer’s Service, including any IP addresses, points of access to the Internet, systems, software, or equipment assigned to or belonging to Customer, will be considered violations by Customer.
12. Zero Tolerance Spam Policy
- We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-in" will be treated as spam. Any user who sends out spam will have their account terminated without notice.
- AntPlay reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. AntPlay also reserves the right to make any such modifications in an emergency at our sole discretion.
- AntPlay reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of AntPlay. All rights reserved.
- You will not in any way use html, ASP, VB, .NET, java or perl code that will result unnecessary traffic nor will you install any client side applications that will result in excess traffic. The intent of AntPlay is to provide space to serve web documents, not as an off-site storage area for electronic files. You will also not misrepresent the site in such a way that will result in needless traffic. Some examples of unacceptable content or links include: pirated software, hacker programs or archives, Warez sites, Spamware, Copyrighted MP3s and IRC bots. AntPlay.tech does not support; (i) sexually explicit, obscene or pornographic content (whether in text or graphics); (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise) or that promote any illegal activity; and/or (iii) graphic violence. We will terminate any account that does not conform to these requirements. AntPlay reserves the right to terminate any account, for any reason, without prior notice or warning.
14. IP Addresses
- Internet Protocol Numbers ("IP numbers") provided or assigned by AntPlay in connection with the Services at all times remain the property of AntPlay and are not portable, and the Customer shall have no rights with respect thereto. AntPlay may "swap-out" any IP address assigned to your Service with another IP address at any time. AntPlay may revoke any Additional IP assigned to you for more than ninety (90) days if, at that time, you not are using at least 80% of your assigned IP addresses.
15. Illegal activities
- Illegal activities, to include; unauthorized distribution or copying copyrighted software, violation of US export restrictions, harassment, fraud, trafficking in obscene material, and other illegal activities will be reported to all regulatory, administrative and/or governmental authorities. AntPlay.tech reserves the right to report all such activities.
- You restricted from removing, modifying or obscuring any copyright, trademark or other proprietary rights notices that are contained in or on the Licensed Products.
- You are prohibited from reverse engineering, decompiling, or disassembling the Licensed Products, except to the extent that such activity is expressly permitted by applicable law.
16. Cancellation and Refunds
- AntPlay.tech reserves the right to cancel the account at any time.
- Customers may cancel at any time. AntPlay.tech does not give any money back guarantee for its services
- There are no refunds or money back guarantee on dedicated servers, including setup fees that may have been charged.
- After the initial 7 days of service, each customer is committed to the remaining time on the service term they purchased and no refunds will be given. AntPlay does not require that you finish each term and you are free to close your account at anytime. However, AntPlay will not return for unused service. For example, if you have an account that you are paying for monthly and you decide to close it a few days after your last payment, you will not be issued any refund, whether in full or pro-rated. By using AntPlay, you understand and agree to this billing term. You also understand that while no refund will be issued
17. Price Change
- The amount you pay for services will not increase from the date of purchase until the end of the service agreement, unless upgrades in service are requested. AntPlay reserves the right to change prices listed on AntPlay.tech, and the right to increase the amount of resources given to plans at any time.
- Renewal of service agreements are subject to potential price increases due to software licensing increases, equipment & dependent service cost increases. Customer will be made aware of increases before time of renewal and required to approve price escalations or terminate service agreement.
18. Software Licensing
- Any software licenses obtained on Customer's behalf (such as licenses from the Microsoft Service Provider License Agreement "SPLA") are subject to price increases to match any increases made by the software manufacturer.
- AntPlay shall not be liable for any taxes or other fees to be paid in accordance with or related to purchase made from the customer or AntPlay servers. Customer also agrees to take full responsibility for all taxes and fees of any nature associated with any such products sold.
20. Warranties and Disclaimer
- Customer expressly acknowledges and agrees that all use of the services is at customer's sole risk. AntPlay will not be responsible for any damages your business may suffer. AntPlay makes no warranties of any kind, expressed or implied for services provided. AntPlay disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by AntPlay and its employees.
- For those services for which AntPlay offers a system of credits or rebates for services interruptions, regardless of cause, such credits or rebates shall be Customer's sole remedy therefore.
- For direct, proven damages arising out of its performance or failure to perform hereunder, AntPlay's liability shall be limited to an amount equivalent to the charges actually paid by Customer during the period, which such damages occur.
- Notwithstanding the foregoing, neither AntPlay nor its affiliates, officers, directors, employees or agents shall be liable to Customer or to any third party for any direct, consequential, incidental, exemplary, or punitive losses or damages, including, without limitation, lost profits or data, regardless of the cause thereof, even if AntPlay is advised of the possibility of such loss.
- Customer agrees that it shall defend, indemnify, save and hold AntPlay.tech harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against AntPlay, 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 AntPlay against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with AntPlay; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from AntPlay’s server.
- You agree that AntPlay's maximum liability to you under this agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort or other legal theory) shall be limited to the lesser of (a) the total amount of service fees actually paid by you to AntPlay for the three month period immediately preceding the date on which the damage or loss occurred or the cause of action arose, (b) proven direct damages The terms of this Indemnification Section shall survive any termination of this Agreement.
22. Force Majeure
Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act or failure of the Internet (not resulting from the actions or inaction´s of AntPlay), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If AntPlay is unable to provide Service(s) for a period of thirty (30) consecutive days as a result of a continuing force majeure event, the Customer may cancel the Service(s), but there shall be no liability on the part of AntPlay.
The Customer may not assign its rights or delegate its duties under this Agreement either in whole or in part without the prior written consent of AntPlay, and any attempted assignment or delegation without such consent will be void. AntPlay may assign this Agreement in whole or part. AntPlay also may delegate the performance of certain Services to third parties, including Affiliates. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns.
In the event any provision of this Agreement is held by a tribunal of competent jurisdiction to be contrary to the law, the remaining provisions of this Agreement will remain in full force and effect. The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party.
25. Relationship of Parties
This Agreement will not establish any relationship of partnership, joint venture, employment, franchise or agency between AntPlay and the Customer. Neither AntPlay nor the Customer will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided herein.
It is your responsibility to provide accurate and complete account and contact information, including a valid e-mail address, to AntPlay during the Sign-up Process. It is also your responsibility to inform AntPlay promptly of any changes to your account or contact information. AntPlay has no responsibility for communications that are misdirected as a result of your failure to provide AntPlay with updated contact information or as a result of the suspension or termination of your Services.
AntPlay may provide notice to you required by this Agreement via e-mail at the address provided by you. You agree that notice to you at this address is deemed sufficient regardless of your receipt of such email. You must provide all notices to AntPlay required in writing to AntPlay, PO Box 1186, Ashburn, VA 20146-1186 or as changed by AntPlay via its on-line amendment of this Agreement.
27. Governing Law & Choice of Venue
This agreement and rights of the Parties hereunder shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia, excluding its laws relating to conflict laws. The Parties agree that any appropriate state or district court located in Loudoun County, VA shall have exclusive jurisdiction over any case or controversy arising hereunder and shall be the proper forum in which to adjudicate such as case or controversy.
28. Changes to the Polices and Terms of Service
- AntPlay reserves the right to revise its policies at any time without notice.