Terms of Service (TOS)

The DSi Gaming Terms of Service (this " Agreement ") govern your purchase and use of all DSi Gaming services (collectively, the " Services "), as described in the Order Form(s) submitted by you and accepted by DSi Gaming. You (the " Client, Customer, Renter, Subscriber ") must register and accept the terms of this Agreement in order to use the Services. BY CLICKING ON THE "I ACCEPT" BUTTON ON THE ORDER FORM, AND/OR REGISTERING FOR AND USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT. DSi Gaming may modify any of the terms and conditions contained in this Agreement, at any time in its sole discretion. Any modifications are effective upon posting of the revisions on the DSi Gaming web site (the " Site "). Your continued use of the Services following DSi Gaming's posting of any modifications constitutes your acceptance of the modifications. If you do not agree to the terms of any modification, do not continue to use the services and immediately notify DSi Gaming of your termination of this Agreement by submitting a support request through the DSi Gaming support center as outlined in section "payments/cancellations".

Customer Information

The customer agrees to provide accurate information when registering for service on the DSi-Gaming.com website. Any falsification of registration information with the intent to deceive will render all obligations DSi Gaming has towards the customer null and void. Any change of contact information must be edited by the customer in their profile in the client section of the DSi-Gaming.com web site.

 

Usage of Services offered by DSi Gaming

General Terms and Conditions
In consideration of use of the Service, you agree to: (1) provide true, accurate, current and complete information about yourself as prompted by the Registration Form, and (2) to maintain and update this information to keep it true, and complete. If any information provided by you is untrue or incomplete, DSi Gaming has the right to terminate your service and disallow you from subscribing to any other services provided by DSi Gaming. DSi Gaming reserves the right to cancel the customer’s service at any given time if we have any suspicion of the customer not abiding to the Agreement.

  • Pricing
    Rates: Subscriber acknowledges that the nature of the Service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that DSi Gaming may prospectively change the specified rates and hosting / server accounts from time to time on its Web site. Any Subscriber who has signed up at a certain monthly pricing rate and hosting / server specification size will remain on that pricing/specification for a time period of at least twelve months from signup. Of course, you may upgrade/downgrade to a new hosting / server offer during this time, if required. Our advertised plans may increase or decrease in price at anytime depending on the current market. DSi Gaming will make a best effort to communicate any changes in pricing or packages to the customer and make this information available on the DSi-Gaming.com website.
  • Terms
    This Agreement shall be for an "Initial Term" as chosen by you in the Order Form located on this Site at the time you register for the Services. This Agreement will be automatically renewed at the end of the Initial Term for the same period as the Initial Term unless you provide DSi-Gaming.com with notice of termination prior to the end of the Initial Term or the Renewal Term.
  • Payments & Cancellations
    All payments are due before service begins. Service payments are expected on or before their due date. Requests to cancel your service will be honored only if made through the DSi Gaming Billing & Support System. The owner of the service account can only make this cancellation.. If service has not been cancelled and payment continues due to automatic billing systems no refunds will be placed. DSi Gaming requires cancellation notice prior to the start of the next billing cycle for discontinuance of service which also include downgrades of services. Failure to supply the requisite notice of cancellation will result in a full billable monthly cycle prior to cancellation. Note: Notice is required prior to the renewal of the billing cycle, no minimum advance notice is required.
  • Authorization
    Your failure to fully pay any fees and taxes within 7 days from the applicable due date is a material breach of this Agreement, justifying DSi Gaming to terminate the Service and terminate this Agreement. If DSi Gaming terminates for your material breach, you will be required to pay immediately all fees and costs accrued before the termination date, all monthly recurring fees for each month remaining in the term and any other amounts you owe to DSi Gaming under this Agreement. You are responsible for any costs DSi Gaming incurs in enforcing collection, including reasonable attorneys' fees, court costs and collection agency fees.

  • Refunds & Disputes
    All services rendered by DSi Gaming are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside our secure customer portal located at https://client.perigeeglobal.com.com/. Customer agrees not to dispute any credit card or paypal related payments for services rendered. A chargeback of payment for services rendered will result in account termination and an additional charge of €35USD which may be subject to recovery.

    In the event a chargeback request is submitted to your CC processor or Paypal before contacting us regarding the issue, we will treat this as an attempt to defraud our company and will be forced to take appropriate actions as outlined here. DSi Gaming is fully against all forms of online fraud. If you submit an order or request a refund in an attempt to defraud our company, we will turn over all information collected to the proper authorities for possible legal action.
  • Re-Activation
    Any Service terminated for non-payment and then re-activated will be subject to a €10.00USD charge.

    Server Inspections
    DSi Gaming reserves the right to inspect the customer’s services at any time to ensure they are in accordance to the terms of service agreement outlined here, including but not limited to server size, filetypes and fps settings. In regards to Web Hosting services, the client authorizes any appointed employee of DSi Gaming to monitor and inspect resource utilsation, performance, security, uptime of all Services on the account to ensure that the service is operating in accordance with this Agreement

  • Personal Folders
    Any personal folders found on shared game server accounts or redirect accounts will be deleted without notice and a warning will be issued. If subsequent occurrences are discovered the account holder will be deemed to have commited a material breach of the Agreement and is liable for immediate termination.

  • Server Maintenance
    Server maintenance for shared Game Server and Voice Server customers will be performed by DSi Gaming staff.   All maintenance announcements will be posted in the Customer Forums at least 24 hours before any scheduled maintenance is to be done. In the case of emergencies we will make a best practice effort to inform you of the nature of the maintenance as it's happening. For Webhosting related maintenance, the Customer will be emailed 24 hours in advance for maintenance with minor/short impact, and 72 hours for maintenance with a possible major impact to either uptime, connectivity or application compatibility.

  • Game Server Uptime
    Customers are responsible for their server’s uptime. If the customer’s server happens to be down they should reboot the server from the Control Panel Software provided by DSi Gaming or contact the support staff through the online support desk. Although DSi Gaming staff does monitor the dedicated servers regularly, we cannot monitor each and every game server. On all occasions our Control Panel Software will reboot your game server if there is a crash but sometimes the server will not start up correctly and will end up in a continous reboot cycle. If the server has not recovered, please contact the support team.

  • Game Server Modifications
    All modifications of the game server provided are installed at the clients own risk, unless carried out by DSi Gaming staff. Server crashes or down time caused by the server modifications is the customers responsibility. DSi Gaming will not provide refunds for downtime as a result of improperly installed modifications.

  • Game Server Bots
    DSi Gaming reserves the right to limit the use of server bots if resource usage impacts other users on the shared game servers.

  • Game Server Service Add-on uninstalls
    DSi Gaming reserves the right to uninstall or remove any file, server patch or modification that causes or may cause degradation in system performance, increased vulnerability of the DSi Gaming servers, or effects the overall quality of service for other customers. Please check with DSi Gaming Support staff before hand to ensure that your mod qualifies to DSi Gaming standards.

  • General Use
    While in/using any machines, servers, or services offered by DSi Gaming, you may not: Engage in any activities that would cause excessive distress or harm upon any other person or system; nor may you use the Service to commit or facilitate any fraudulent, illegal, or abusive actions including but not limited to: Unsolicited Bulk E-mail, DoS attacks, network sniffing/spoofing, Phishing Sites. Any such occurence which is reported to or discovered by DSi Gaming will result in a material breach of this Agreement and result in immediate termination of the service and this Agreement.

  • Hacking
    Any customer caught hacking any DSi Gaming machines & services will have their service terminated and will not receive a refund. This includes hacking the operating systems or game server files outside your account folder on the machines themselves, or through any other type of access (such as FTP, Telnet, SSH, etc).
    (Hacking will be determined as attempting to access any system or subsystem you are not given express consent by DSi Gaming to access.)

  • Limitations of Game Server Support
    DSi Gaming will provide support for any server related problems and will assist with 3rd party addon's installed for use.  Customers wishing to install mods or plugins without assistance from DSi Gaming, do so at their own risk. (see above "Server Modifications).

  • IRC
    We do not allow use of IRC Servers to be operated on any of our systems. Anyone who is found running an IRC server could result in termination of services. The use of IRC Reporters/Clients for the purpose of collecting stats is acceptable.

  • Data: DSi Gaming agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership.

  • Electronic Signature: Acceptance of the Terms of Service and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.

Guarantees of Service offered by DSi Gaming

  • Network Uptime
    We guarantee the networks we connect to to be available 719.25 hours out of 720 hours a month (based on a 30 day month) or no more than 45 minutes of network downtime a month. (99.9% Network SLA)
  • Machine Uptime
    DSi Gaming Reserves the right to have machines down for scheduled maintenance 1 hour a month and unscheduled maintenance 22.5 minutes a month. This does not include downtime for support related issues initiated by the client. (99.95% Machine/Application SLA)
  • Server Config Related Downtime
    DSi Gaming offers no guarantee of uptime where the configuration of the game server instance itself is the cause of the downtime. We will however work diligently to get it running again if such downtime occurs. While we do monitor game servers for uptime, it is the customer's responsibility to report any down server issues to us where the cause is misconfiguration. All reports should be logged via the DSi Gaming online support desk.
  • Failure to comply
    Failure to comply with the Terms of Service will result in termination of the customer’s Service without refunds.
    We reserve the right to update this document at any time. (Please see date below)

    Acknowledgements By User

    • Computer and Network/Internet Faults:
      You the user acknowledge that computer and network systems are not fault free and there may be times when these systems experience interruptions and downtime (unavailability). DSi Gaming does not guarantee uninterrupted service though does make compensation for certain types of interruption as listed earlier in this document. The user agrees that he/she/they shall make no claim of breach of contract for any such interruption.

    • Copyrights/Trademarks: The user acknowledges that all copyrights and trademarks (registered and unregistered), intellectual property, design rights (registered and unregistered), in the website, the machines and the game servers belongs to DSi Gaming and the user shall not infringe on any of those rights. This includes copying, distribution and/or modification without prior written consent from DSi Gaming.

      The user acknowledges that certain material is supplied under license and that such property rights are owned by the licensor.


    • Communication: The user acknowledges that they shall not use any unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, racial, sexually oriented, or otherwise objectionable material in communication with DSi Gaming staff, post such material on the DSi Gaming forums, or have such material on their servers and or web sites. DSi Gaming reserves the right to remove any such material it finds objectionable and/or terminate service of the offender.

Liability:

IN NO EVENT WILL DSI GAMINGBE LIABLE TO CUSTOMER FOR ANY CONSEQUENTIAL, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL DAMAGES OR ANY LOSS OF PROFIT, REVENUE, DATA OR GOODWILL WHETHER INCURRED OR SUFFERED AS A RESULT OF UNAVAILABILITY OF THE SERVICES, PERFORMANCE, NONPERFORMANCE, NEGLIGENCE, TERMINATION, BREACH OR ACTION OR INACTION UNDER THIS AGREEMENT EVEN IF CLIENT ADVISES DSI GAMING OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATION ON LIABILITY, HOWEVER, SHALL NOT RELIEVE DSI GAMING FROM LIABILITY FOR DIRECT DAMAGES ARISING SOLELY OUT OF DSI GAMING'S GROSS NEGLIGENCE OR WANTON OR WILLFUL MISCONDUCT IN PERFORMANCE OF THE HOSTING SERVICES.

Acceptance of Terms

The user of any DSi Gaming service, agrees to be bound by these terms and services. Failure to accept these terms and services means the user does not have permission to access any services offered by DSi Gaming and must cease use immediately. By logging into or otherwise using any services offered by DSi Gaming the user consents to all terms and conditions of said service.

Last Updated February 5, 2008 01:12 AM EST.