PRO-Server.Net - Agreement
The agreement is valid between:

PRO-Server, a tradename of Ledasoft S.r.l., located at the Via Alcide de Gasperi,13 Aci Sant'Antonio 95025 CT SICILY, The Italian, to be called PRO-SERVER hereafter,

and

the customer of Pro-server, to be called CUSTOMER hereafter.

1.0 Definitions

1.1 Account: the customer name with which CUSTOMER gains access to the server provided by PRO-SERVER.
1.2 Admin; person appointed by CUSTOMER who maintains business as well as technical contact with PRO-SERVER.
1.3 Anti-cheat; software that should prevent cheating.
1.4 Blacklist; list on which cheaters are placed.
1.5 Clan; group of players that are known under a unique name.
1.6 Clan-server; shared, with password closed server to which players of 1 clan have access. A maximum number of players will set according to the package selected by the CUSTOMER.
1.7 Clan-war; game between players of 1 clan or between 2 clans
1.8 FUP; fair use policy.
1.9 Game-Admin; person who is authorized to set up and administer the Gameserver
for a particular Clan-war.
1.10 Game-server; server which is exclusively used for the playing of games through
the internet.
1.11 Ledasoft S.r.l.; legal and technical owner of PRO-Server.
1.12 Public-server; shared server to which players have free access.

2.0 General

2.1 The General Terms of Ledasoft S.r.l., registered under number 304748 at the Chamber of Commerce in Utrecht, are applicable to this agreement. These General Terms are inextricably bound to this agreement and are publicized at www.ledasoft.it. The terms of this agreement prevail over the conditions determined in the General Terms.
2.2 PRO-Server provides server space, data traffic, software and/or technical support to the CUSTOMER. CUSTOMER can use these services to play games through the internet.
2.3 CUSTOMER will appoint one (1) person to act as a point of contact, that person shall operate as Admin. PRO-SERVER will only deal with this person.
2.4 CUSTOMER is responsible for all players on their Game-server.
2.5 PRO-SERVER can change the services offered without notice.

3.0 Application

3.1 CUSTOMER will only apply by completing, in full, the application form at www.PRO-Server.net. Incomplete application forms will not be taken into consideration.
3.2 CUSTOMER will fill out the application form truthfully and accurately.
3.3 CUSTOMER will not fill out the application form in the name and/or by order of
another person.
3.4 PRO-SERVER fully reserves the right to accept applications and will not be obliged to enter into any correspondence if they refuse to accept an application.
3.5 As soon as CUSTOMER has sent the application form, the contract will be placed with PRO-SERVER. CUSTOMER cannot revoke and/or cancel the contract.
3.6 An incorrect/not working email address will result in your server being brought offline. Changes in email address should be communicated to info@ledasoft.it

4.0 Delivery

4.1 Delivery shall constitute the granting of access to the server, provided by
PRO-SERVER, to CUSTOMER.
4.2 The game-server will automatically be removed when the contract has expired as mentioned in 11.3.

5.0 Payments

5.1 All payments shall be settled in advance.
5.2 To renew the contract a correct payment for the next contract term should be on the Paypal or bank account of PRO-SERVER at least 5 business days before the end of the contract term.
5.2 CUSTOMER shall pay all bank fees. Transfer or commission fees charged to PRO-SERVER for a bank transfer will be deducted from the payment received.
5.3 Payments received for applications that are incorrect (as mentioned in 3.1) will not be refunded.
5.4 Invoices are in Euros and inclusive of 20% IVA.
5.5 Invoices will be sent by e-mail (or by mail on request) and can only be made payable to PRO-SERVER.

6.0 Usage

6.1 The maximum number of players allowed on the server is defined in the service
definition on the website of PRO-SERVER; www.PRO-Server.net.
6.2 For all servers the FUP is applicable. There is no data limit. However, in case
CUSTOMER has a disproportionate usage PRO-SERVER can, after consulting
CUSTOMER, impose limiting measures and/or charge additional costs.
6.3 CUSTOMER may not exploit the game-server commercially.
6.4 All servers shall end their MOTD with: “Powered by PRO-Server.Net”
6.5 The name of the clanserver shall begin with: “#PRO-Server.Net // [clanname]”
6.6 A Clanserver shall be closed with a password at all times.
6.7 The password used to access the clanserver shall never be made public nor shall it be removed from a clanserver. Failure to comply with this rule will result in a penalty imposed by PRO-SERVER which could bring CUSTOMERs server offline for a maximum of 5 business days.

7.0 Access

7.1 PRO-SERVER will only grant access information to the Admin. Admin can supply access information to a Game-Admin within their own Clan.
7.2 The Admin or Game-Admin can grant temporary access to the server to members of one other Clan. This is only permitted for the playing of a Clan-war between the Clan of CUSTOMER and one other Clan. Therefore it is not allowed to give access to random players on a Clan-server.
7.3 CUSTOMER will not allow people listed on the Blacklist in their Clan or on the server.
7.4 PRO-SERVER can deny access to a Clan that fails to keep this Agreement or to people that are on the Blacklist. PRO-SERVER decision is final.

8.0 Management

8.1 PRO-SERVER is responsible for the physical management of the servers.
8.2 CUSTOMER is responsible for the daily management of their Clan-server and/or
Public-server, such as the placement of mods and maps. In case a complete reinstallation appears to be necessary as a result of the actions of CUSTOMER the server will be reinstalled by PRO-SERVER personnel when time available. This could result in your server being offline for up to 5 business days.
8.3 CUSTOMER cannot install software that will negatively influence the performance of the server, as determined by PRO-SERVER.
8.4 CUSTOMER may only use 1 game on the game-server at their disposal. PRO-SERVER will install the necessary files on the creation of the game-server.
CUSTOMER is responsible for the use of files (inclusive of mods and maps) other
than those installed by PRO-SERVER.
8.5 The game-server may not be supplied with a name that can be construed to be
offensive, misleading or incorrect.
8.6 CUSTOMER will not change the technical adjustments of the server. This embraces the maxrate setting and the maximum numbers of players.
8.7 The game-server is only meant for the playing of games via the internet. CUSTOMER will not use the game-server for hosting, storage or any other activity not associated with the functioning of a game-server.

9.0 Complaints

9.1 In case CUSTOMER has complaints about the Game-server, they will make this known by e-mail to info@pro-server.net.
9.2 Complaints concerning the connection with the Game-server, will be accompanied by traces and extended pings that must be made from a minimum of 3 locations.
9.3 Complaints regarding the functioning of the Game-server, will be accompanied by a clear problem description and a log of the changes made by CUSTOMER to the server since the creation of the server by PRO-SERVER.
9.4 CUSTOMER should be aware that the performance of the Game-server can be influenced by many external factors. These factors are not part of the service.
9.5 Complaints can never be a reason for terminating the agreement between CUSTOMER and PRO-SERVER.

10.0 Liability

10.1 CUSTOMER is liable for all damage PRO-SERVER may suffer as a consequence of the CUSTOMER failing to meet the obligations and conditions contained in this agreement.
10.2 CUSTOMER will refrain from making negative remarks in public about PRO-SERVER.
10.3 Should the CUSTOMER violate any of the conditions contained in this agreement, they render themselves liable a fine of 100,00 Euro to be claimed forthwith for each violation or for each day the violation lasts, such by choice of PRO-SERVER.
10.3 PRO-SERVER can not be held liable for deletion or removal of any files placed by or configuration changes made by CUSTOMER.

11.0 Term

11.1 The contract between CUSTOMER and PRO-SERVER will be based on a period of 3 months, starting at the beginning of a calendar month, unless a different period is agreed upon in writing by both parties.
11.2 The contract will automatically be renewed at the end of term for a similar period when a complete payment as mentioned in 5.2 is received by PRO-SERVER on their relevant accounts at least 5 business days before the current contract term.
11.3 The contract expires at the end of a term when the payment as mentioned in 5.2 has not been received by PRO-SERVER.
11.4 Intermediate cancellation of the contract is not possible.
11.5 Renewing of the contract is not possible once it has expired.
11.6 There is no test period. As soon as CUSTOMER sends in the application form, the agreement is entered into with PRO-SERVER.

12.0 Dissolution

12.1 PRO-SERVER can dissolve this agreement at all times and without giving any reason and can deny CUSTOMER access to the server. The remaining subscription amount will only be refunded by PRO-SERVER in case CUSTOMER has complied with all the terms of this agreement.

13.0 Operation

13.1 PRO-SERVER is at all times entitled to change this agreement. Changes will be valid on all current and new subscriptions as soon they have been announced on the website.
13.2 In case of conflict with the terms in this Agreement of General Terms, the
following order of precedence will prevail: the Agreement, the General Terms.