Introduction

Blue Fang Solutions, LLC provides a straightforward, intelligent service with a simple, transparent policy.

This document serves as Terms of Service, Acceptable Use Policy, and Privacy Policy for Blue Fang Solutions, LLC, all services it provides, and all interactions it enters into. This document describes the services offered, what actions are prohibited, and what interactions we will and will not have with your data. We reserve the right to change this document at any time with or without notice.

This agreement is sometimes referred to as “Terms of Service” or “agreement”. We may refer to ourselves as “We”, “we” or “Blue Fang Solutions” in this agreement. Our current and potential customers are referred to as “customer(s)”, “client(s)”, “user”, “user’s”, and/or “You” (the customer).

Company

Blue Fang Solutions provides a simple, reliable dedicated game server hosting solution to organizations and individuals. Our service allows those parties to play their multi-player games on your servers. Additionally, we will provide a highly competent quality customer support to help customers maximize the use of their game servers on Blue Fang Solutions computer systems.

Blue Fang Solutions provides Internet connectivity, game server management and data storage, which Blue Fang Solutions makes remotely accessible for a monthly subscription fee.

Service

Depending on your product, service and term selection you will be provided with a default configuration of the server application or compatible service of a certain capacity for a certain monthly fee, both of which are determined when you become a customer of Blue Fang Solutions.

You agree to pay all recurring fees when due according to the agreed upon billing terms set during commencement of services. We reserve the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing. Your account will be deemed past due if it is not paid in full by the payment due date. Your card issuer agreement may contain additional terms with respect to your rights and liabilities as a card holder. We reserve the right to make changes to our fees and billing methods, including the addition of supplemental charges for any content or services provided by us, with or without prior notice to you, at any time. This site uses automatic recurring billing cycles through third party payment gateways such as PayPal and Stripe.

In return for these payments, your server application will receive a best effort connectivity to the public Internet. You will furthermore receive technical support for technical issues related to your service and its use.

Technical support will be provided on a best effort basis.  You agree that the computer system that houses your server applications and services  will require downtime for maintenance, for which you will typically be given a four hour notice. You agree that in some cases you will be given less notice. You agree with the policy of Blue Fang Solutions  to always choose service availability instead of data integrity if the two conflict. You agree that data loss may occur and you are responsible for backing up your files. Being important to maintain high availability, data losses are acceptable.

Privacy

Blue Fang Solutions  does not examine the private contents of customer files. If an anonymous person on the Internet cannot access it, then we will not access it.

However, during normal operation and maintenance, we may observe certain metadata such as filenames, configuration settings, and Internet traffic statistics.

You agree that Blue Fang Solutions may examine the contents of your files as necessary during customer support interactions initiated by you.  Blue Fang Solutions does not permanently store logs of customer activity. We destroy logs regularly. We store only metadata related to usage of our service.

We will not divulge data or metadata concerning the behavior of our customers, the private contents of their files, or their records for billing, to any law enforcement officer or agency without order served directly by a US court having jurisdiction. We will give immediate notice to any customer named in such a court order, and access to their service will not be interrupted unless specifically barred by the court order.

Blue Fang Solutions was founded by former engineers, developers and gamers exposed to many gaming technologies and projects. When Blue Fang Solutions was founded, we agreed that  we will not divulge consumer or personal information of any kind about our customers to any party for any reason, unless explicitly permitted by our customers.

Acceptable Use Policy

This Acceptable Use Policy complies with all federal, state, and local laws, and protects the security and continuity of the computer systems Blue Fang Solutions runs and the services Blue Fang Solutions offers.

Blue Fang Solutions customers agree not to store data on Blue Fang Solutions computer systems that violates U.S. law, the state laws of any state in which Blue Fang Solutions does business, or the local laws of any localities in which Blue Fang Solutions does business.

Blue Fang Solutions customers also agree not to participate in, or aid others in, accessing any Blue Fang Solutions computer system in a manner that it is not already being made accessible in, or accessing any private customer data that is not their own.

You represent and warrant you are at least 13 years of age and that you have the legal capacity to enter into this Agreement. If you are not at least 13 years of age, you must terminate use of our services immediately and may not use or access our services. Teenagers, ages 13 to 17 must have the permission of a parent or legal guardian to access and use our service. You agree not to bypass any security and/or access features that we have installed. Additionally, we do not assume any responsibility or liability for any misrepresentations regarding a user’s age.

Lack of Guarantees

Blue Fang Solutions provides the services listed above, and any other services provided in the future on a BEST EFFORTS BASIS. NO GUARANTEES ARE EXPRESSED OR IMPLIED related to data retention, integrity, continuance, or availability. Your data may become unavailable, or be destroyed by any events, not limited to fire, floods, or natural disasters.

Blue Fang Solutions describes and refers to, in its communications and in documentation and by other means, numerous Blue Fang Solutions and third-party software applications, methods and practices. You agree that Blue Fang Solutions makes no representation, claim or promise that these pieces of software provide any level of function, are safe, are secure, or are fit for any purpose whatsoever.

Cancellation Policy

When you purchase a subscription on our website you are authorizing your form of payment (credit card, bank, paypal or debit card) to be charged on a recurring basis every 30, 90, 180, or 365 days based on what payment terms are available for each product. We give you the option to cancel your automatic subscription(s) anytime during the billing period by navigating to the My Account area of our website and clicking Cancel next to the subscription you no longer wish to retain. Cancelling or stopping an automatic subscription does not stop the service itself. The service will continue until the renewal date comes back around and the system sees that the recurring payment was cancelled. If a service was created on the 15th of the month then that means the service will continue until the 15th of the following month regardless of cancellation. At that point the service will be turned off as no payment would be received at that time to renew the service for another 30 days.

If your service is never cancelled in our system the authorization to charge your account will not be stopped and payments will continue to be made. At that point in time your service would paid for and will be active for another billing period which is set to renew on agreed upon recurring billing date.

If you have a paypal subscription, you must cancel your paypal subscription directly through paypal. You can do this by logging into the paypal website, clicking your Blue Fang Solutions subscription and then clicking cancel subscription. Failure to cancel your Paypal subscription may result in Paypal automatically taking payment from your account without our knowledge.

Refund and Compensation Policy

Upon commencement of all new services we offer a 24-hour money back guarantee. Any desired refunds must be requested by opening a billing ticket and must be reviewed and approved by a member of our billing team and/or management. All subscription renewal fees are also offered a 100% refund of payment within 24 hours of the renewal payment being received. These funds can also be used as credit towards another service upon the customers request.

Any other refund request submitted to the Billing department after the 24 hour period will be reviewed on a case by case basis. We do not refund for issues or complications where we are not at fault (example: Early Access game bugs and/or patches or updates to games that break certain gameplay aspects).

We do not have any Service Level Agreement in place but we do try to compensate for downtime longer than 8 consecutive hours if our systems are confirmed to be at fault. We do not compensate for DDoS attack related downtime. Compensation can be granted in the form of account credit or subscription billing period extensions. Unfortunately, PayPal subscriptions are unable to receive billing extensions as the PayPal subscription system does not permit modification to the billing dates.

We reserve the right to deny any refund request that we deem unworthy or illegitimate.

Governing Law

The Terms and Service and all matters arising out of, or otherwise relating to, these Terms and Service shall be governed by the laws of the State of Florida, excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to these Terms of Service. The parties hereby submit to the personal jurisdiction of the state and federal courts of the State of Florida . Exclusive venue for any litigation or arbitration permitted under this Agreement shall be with the state and federal courts located in Palm Beach County, Florida.

In the event any Party shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce the terms of service for this Agreement, or relating in any way to this Agreement, including without limitation asserted breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorney’s fees and costs incurred in connection therewith, including attorney’s fees incurred on appeal.

If for any reason a court of competent jurisdiction or an arbitrator finds any provision of these Terms and Service, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible and the remainder of these Terms and Service will continue in full force and effect.

Blue Fang Solutions is not subject to the laws of any nation other than the United States of America.

Reservation of Rights

Blue Fang Solutions reserves the right to revoke or alter this Terms of Service at any time. Blue Fang Solutions reserves the right to refuse service to any person or organization for any reason, and reserves the right to terminate the service of any existing client for any reason.

Summary

Customers may question why our policies are so. Technical and legal realities compel us to have them this way. In fact, most companies have similar policies. The best we can do is to make it simple and transparent.

In effect as of: August 19th, 2012
Last modified: January 6th, 2017