EGN Australia



Terms and Conditions

EGN Australia's Game Server Rental Terms and Conditions

Purchase of the Server Rental Service, implies your acceptance of the following terms and conditions.

Definitions

EGN Australiameans the registered business name 'EGN Australia' and its employee's.
EFTel PTY LTDmeans the Internet Service Provider EFTel, which provides services to 'EGN Australia'.
Youmeans the customer, your employees, agents or any other person who uses your server, login or password, with or without your authorisation.
Commencement Datemeans the date your application for a game server rental service is accepted, with which billing will begin.
  • Program
    EGN Australia will provide You with services in such a manner as 'EGN Australia' sees fit. You agree to provide all the hardware required to properly use the 'EGN Australia' Network unless otherwise agreed with EGN Australia. EGN Australia reserves the right to alter the nature of the EGN Australia Network at any time.
  • You Agree To Pay
    You agree to pay to EGN Australia the Fee's in respect to the services provided. The Fee's are required to be paid by You to EGN Australia in advance of each Purchase Period. Receipts are sent electronically by Email. EGN Australia reserves the right to alter the amount and nature of its Fee's. EGN Australia will give You notice of any changes to fee's electronically by email. You will get fourteen (14) days notice of any changes made to the Fee's. If You do not wish to continue using the 'EGN Australia' Network You are required to cancel the service (via the Customer Area) within that fourteen (14) days period and 'EGN Australia' will disconnect your game server account. If You do not respond we will assume that You have accepted the revised fee's. If You do not pay your fee's within the specified time period we reserve the right to terminate your account and provide the game server to another client. You acknowledge that You are responsible for all fee's incurred by anyone using your account login or password regardless of whether or not You have authorised them to do so. Accordingly we strongly advise that You take all appropriate action to ensure the absolute security of your account login and password details.
  • Fee's
    All fee's (including the setup fee and monthly fee) are payable in advance. You will be notified prior to the commencement of any billing period of the fee's payable for that period. The fee amount is contained on the EGN Rental Orders Page.
  • Cancellations/Refunds
    Refunds are calculated prorate according to the number of days the service was running. There are no refund on services cancelled for the first month. If a game server's uptime does not have at least 80% uptime, then the client is entitled to a full refund for that month. You can cancel your service at any time via the Customer Area.
  • Content Of Information
    You agree to use the 'EGN Australia' Network only in accordance with the Acceptable Usage Policy.
    • You agree to comply with all the reasonable directions and instructions of 'EGN Australia' in relation to use of the 'EGN Australia' Network.
    • You agree to observe all relevant laws in the State or Territory in which you reside relating to the use of the Internet.
    • Subject to this agreement. 'EGN Australia' recognises the customers wishes for privacy and does not purport to exercise control or supervision over the content of information accessed or provided via the 'EGN Australia' Network. However, if 'EGN Australia' for whatever reason becomes aware of a breach of the Acceptable Usage Policy then it reserves the right to immediately:
      • Without notice terminate your access to the 'EGN Australia' Network.
      • Provide a copy of the infringing material to any authority empowered by law to request the same.
      • You acknowledge that 'EGN Australia' will have access to the data you create and access, and whist generally 'EGN Australia' will respect you privacy, in very limited cases such as resource allocation or system checks 'EGN Australia' will examine data content. You agree in these cases that 'EGN Australia' will not be liable by 'You' for any alleged breach of confidentiality or privacy.
  • Protection Of Data
    EGN Australia advises that whilst it will do its best to prevent the integrity of your data, it is NOT liable for any damage or loss caused by loss or damage to your data. EGN Australia strongly advises that You should prepare and maintain independent backup files and all data provided or accessed under the EGN Australia Network.
  • Acceptable Usage
    You must NOT carry out any actions which:
    • Are illegal
    • Breach any legislation of the state or Territory which You reside or operate, or of the Commonwealth of Australia.
    • Modify the maximum player/user settings on the server.
    • Constitute the generation and distribution of viruses or any type of malicious software however described.
    • Involve obtaining utilising or distributing software illegally or using software for which You do not have a license.
    • Infringes the intellectual property of any third party (This includes running cheats or 'hacks' to gain an unfair advantage against other players).
  • No Guarantee Of Supply
    EGN Australia will endeavour to provide the EGN Australia Network to You to the best of its ability. However from time to time there will need to be proper maintenance of the EGN Australia Network and at some times EGN Australia may not be able to provide You with game server access (down time). EGN Australia will endeavour to minimise downtime and where possible schedule such down time at a time less likely to inconvenience You. EGN Australia discloses that its game servers are provided pursuant to a Head Agreement with EFTel. If for any reason there is a problem with the provision of services from EFTel this may also effect the supply of the 'EGN Australia' Network to You. Due to these factors EGN Australia can give You no warranty or guarantee in relation to the availability of the EGN Australia Network at all times.
  • Indemnity
    You indemnify EGN Australia and hold EGN Australia harmless against any damages arising from any claims brought by You or any other person against EGN Australia from your use of this EGN Australia Service, your negligence or your breach of this agreement. Except as provided by the contrary by Legislation you acknowledge that EGN Australia is not under any liability to You in respect of any loss or damage which you may suffer from the provision of the EGN Australia Network or its inability to do so. In particular EGN Australia accepts no liability for any loss of business, personal discomfort or any other damages arising from or alleged to have arisen from the loss of or non-provision of services to You or any third party. We specifically exclude any implied warranties from this Agreement. If by Legislation we are required to give a warranty as to services then You Agree that our liability for any breach of such warranty is limited to: The supply of the 'EGN Australia' Network again, The payment of cost to have the 'EGN Australia' Network re-supplied.
  • Notice for AAHonor Users/Customers:
    INTELLECTUAL PROPERTY NOTICE "AAHONOR" and "Pragmatic Honor Provider" and their corresponding logos are copyrighted and/or trademarked by Pragmatic Solutions, Inc. "America's Army", "Honor", and "America's Army Honor" and their corresponding logos are copyrighted and/or trademarked by the Department of the Army. Logos and/or marks may not be used without expressed written permission from Pragmatic Solutions, Inc. or the Department of the Army respectively.

2000-2007 © EGN Australia. All rights reserved. ABN: 288 651 780 58. Privacy Policy | Site Map | Contact Us | About EGN | H