| Multi Accounts |
| No player is allowed to have more than one account in each round of the game. To this end, players whose internet connections exist on a network from which other players are also running the game are expected to inform Admin up-front of any multiple accounts occurring from that network. These accounts are to have NO interaction, including, but not limited to, e-mail / password sharing and hacking. Such accounts will be subject to an immediate ban for the remainder of the round with no chance for appeal. |
| Bugs / Glitches / Exploits |
| Any occurrence within the game that is achieved by something other than standard game mechanics is to be reported via in-game to Admin immediately. When in doubt, STOP playing and report it. If it's a valid bug, it can then be fixed and you can continue playing. If it's not a bug, you will be informed of such and can continue playing. Failure to do so will result in an immediate ban. This applies to all accounts affected directly or indirectly by such occurrences. |
| Conduct |
| No player is allowed to engage in crude, defamitory, or insulting behaviour at any time. This extends to player names, gang names, posts in the forums, conversations in chat, and ingame messages. Any player found guilty of behaving in an inappropriate manner will have their account deleted/faction disbanded, and will have a ban placed on them at the discretion of Admin. This may happen without discussion. See Code Of Conduct for examples and a more thorough listing ofer unacceptable behaviour. |
| Admin Respect |
| All players are expected to treat Admin with respect at all times. Admin are volunteers and work tirelessly to ensure that the game runs smoothly and fairly. Any player who is abusive or threatening towards Admin will be banned. |
| 1. Terms of Service |
| extremecast.com agrees to provide you ("User") access to the use of the extremecast.com online game and those electronic bulletin boards, chat areas, software and graphics libraries, games and other computer services which extremecast.com may occasionally offer (collectively, referred to herein as "Services"), under and subject to the terms and conditions stated herein. User is responsible for obtaining the equipment, Internet service provider, software and telephone services, which are necessary for accessing and using the aforementioned Services. |
| 2. Entire Agreement; Amendments |
| This agreement (the "Agreement") comprises the entire agreement between extremecast.com and User, and supersedes any prior agreements between User and extremecast.com with respect to the subject matter hereof. This Agreement does not supersede any additional terms and conditions of which User is notified by extremecast.com and/or which may apply when using third party content, software or services. extremecast.com may amend or revise this Agreement at any time and at its sole discretion, and such amendment or revision shall be effective upon posting of such revised agreement on the extremecast.com web site (the "Web Site"). User hereby agrees to review this Agreement by accessing the Web site periodically to become aware of any such revisions. If any revision is unacceptable to User, this Agreement may be terminated by User as provided in Section 8 hereof. Continued use of the Services following posting of the revised Agreement shall be deemed to be acceptance of all such revisions. |
| 3. Account Information |
| USER HEREBY CERTIFIES THAT HE/SHE IS AT LEAST EIGHTEEN (18) YEARS OLD. User agrees to provide extremecast.com with valid, complete and updated (as applicable) registration information. Failure to do so will constitute a breach of this Agreement, and any subsequent access to Services by User will be considered invalid and unauthorized. Unauthorized access to any Services may result in immediate termination of User's account and will subject User to civil and criminal liability. When registering for any Service, User will select a password (the "Password"). User shall be solely responsible for maintaining the confidentiality of the Password and shall be liable for any damages resulting from disclosing or allowing disclosure of such Password or from the use, authorized or unauthorized, by any person of such Password to gain access to User's account. For security reasons, extremecast.com recommends that User change the Password often. At NO TIME should User respond to an online request for the Password. Former extremecast.com Users' whose accounts have been terminated by extremecast.com may not access the Services in any manner without the express written (which shall be deemed to include authorization via email) permission of extremecast.com. User shall not knowingly allow a former member who has been terminated to utilize his/her active account to access the Services. |
| 4. Charges |
| Current rates and surcharges for using the Services may be obtained by accessing the appropriate billings, section of the Web site. extremecast.com may change its fees and billing methods at any time and at its sole discretion effective upon thirty (30) days' prior notice, which notice shall be posted in the billing section of the Web site. All changes will be posted online, and User is responsible for periodically reviewing posted pricing information and for keeping current with any changes. If any such change is unacceptable to User, User may terminate his/her extremecast.com service account as provided in Section 8 hereof. User's continued use of the Services following any posted billing change shall be deemed acceptance of such change. User's membership fees are non-refundable in whole or in part. User shall be responsible for any and all Internet service provider access charges incurred while connecting to the Services. Each time User accesses the Services, User agrees and reaffirms that extremecast.com is authorized, as applicable, to charge User's designated credit or debit card. All charges are exclusive of sales tax. Charges are to be paid by User in the currency in which they were billed. If User's use of the Services is subject to use or sales tax, as provided by local, state, national or international law, then extremecast.com may pass the amount of any such taxes on to User. |
| 5. Disclaimer of Warranty |
| To the maximum extent allowed by law, extremecast.com hereby disclaims any and all warranties relating to connection to, transmission over, or results or use of, any network connection or facilities provided (or the failure of such to be provided) through the Services. User is solely responsible for assessing his/her own computer transmission network needs, and obtaining suitable service from a third party to fulfill such needs. USER EXPRESSLY AGREES THAT USE OF THE SERVICES, ALL SOFTWARE DISTRIBUTED BY extremecast.com AND THE INTERNET ARE AT USER'S SOLE RISK. THE SERVICES AND ANY SOFTWARE DISTRIBUTED BY extremecast.com ARE PROVIDED ON AN "AS IS" BASIS. extremecast.com DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO THE SERVICES, ALL SOFTWARE DISTRIBUTED BY extremecast.com AND THE INTERNET. extremecast.com ASSUMES NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY USER, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA FROM DELAYS, NONDELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES OR SERVICE INTERRUPTIONS CAUSED BY THE CONDUCT OR NEGLIGENCE OF extremecast.com, ITS LICENSOR'S AND SUBCONTRACTOR'S, OR USER'S OWN ERRORS AND/OR OMISSIONS. extremecast.com makes no warranty with respect to any related software or hardware used or provided by extremecast.com in connection with the Services. Any patent, trademark, trade secret or warranty infringements, whether actual or alleged, are the sole responsibility of the manufacturer of said hardware or software product, and extremecast.com assumes no responsibility for any actions, liabilities or damages arising from the possession or use of these software or hardware products. |
| 6. Limitation of Liability |
| USER ACKNOWLEDGES THAT extremecast.com SHALL NOT ASSUME OR HAVE ANY LIABILITY FOR ANY ACTION BY extremecast.com OR ITS CONTENT PROVIDERS OR OTHER LICENSOR'S WITH RESPECT TO CONDUCT, COMMUNICATION OR CONTENT OF THE SERVICES. extremecast.com SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH THE SERVICES OR ANY PRODUCT PROVIDED BY extremecast.com. extremecast.com's ENTIRE LIABILITY AND USER'S EXCLUSIVE REMEDY WITH RESPECT TO USE OF THE SERVICES AND ALL SOFTWARE DEVELOPED BY OR FOR extremecast.com SERVICES WHICH IS FOUND TO BE DEFECTIVE USING MEDIA CHOSEN BY extremecast.com SERVICES SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE TOTAL AMOUNT PAID BY USER FOR THE DEFECTIVE SERVICE LESS AN AMOUNT EQUAL TO THE VALUE OF THE SERVICE FOR THE TIME THAT IT OPERATED PROPERLY. extremecast.com's LIABILITY TO USER FOR ANY AND ALL BREACHES OF THIS AGREEMENT IS LIMITED SOLELY TO THE TOTAL CUMULATIVE AMOUNT PAID BY USER TO ACCESS AND USE THE SERVICES. IN STATES WHICH DO NOT ALLOW AN EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, extremecast.com's LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. |
| 7. Indemnification |
| User agrees to indemnify and hold harmless extremecast.com from all liabilities, damages, costs and expenses, including, without limitation, attorneys' fees, arising from or related to any breach of this Agreement by User, or in connection with transmissions by or through User's Service account. extremecast.com reserves the right, at User's expense, to assume the exclusive defense and control of any matter subject to indemnification by User hereunder, and in such event, User shall have the obligation to provide indemnification for such matter and reimbursement of all reasonable attorneys' fees incurred by extremecast.com in defending such claim. |
| 8. Termination |
|
Either User or extremecast.com may terminate User's subscription to the Services at any time.
User's sole and exclusive recourse with respect to dissatisfaction with any: (a) Agreement term,
policy or practice of extremecast.com's in operating the Services, (b) Content available through the
Services or change therein, or (c) Amount or type of fees or billing methods or a change therein,
shall be termination of User's subscription to the Services by notifying extremecast.com Billing,
as provided below, of User's desire to so terminate and by confirming such request in writing or
electronically if requested to do so by extremecast.com. User's notice of termination will
be effective upon receipt by extremecast.com or upon receipt of User's written confirmation
by extremecast.com if confirmation is so requested. If User's Services account is terminated or
canceled, no refund of any fees, including monthly membership fees, will be granted to User,
and any online time credited to User's account shall not be convertible to cash or other form of credit.
To cancel a game, or all Services in their entirety, User may: Any event which causes an inactive user to become an active one may cause a subscription fee to be imposed if the user has not paid a subscription fee in the last month. |
| 9. General |
| This Agreement is not assignable by User. It is governed by the law of the Commonwealth of Wisconsin, excluding any conflict-of-laws rules. Each party waives the right to a jury trial in any lawsuit or action based upon or arising out of this Agreement. This Agreement contains the complete and exclusive understanding of the parties with respect to the subject matter hereof. No waiver, alteration, or modification of any of the provisions hereof will be binding unless made in accordance with the provisions of Section 2 hereof., or unless expressly agreed to in a writing signed by both parties. User may not use, copy, modify, sublicenses, rent, sell, assign or transfer rights and privileges granted pursuant to this Agreement, or the Services, except as expressly provided in this Agreement. Any assignment in violation of this Agreement shall be void. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability; (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. The paragraph headings contained in this Agreement are for the purposes of convenience only and are not intended to define or limit the contents of said paragraphs. extremecast.com and User are independent contractors under this Agreement. extremecast.com's failure to enforce, at any time, any of the provisions of this Agreement shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of either party to enforce each and every such provision thereafter. The express waiver by extremecast.com of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. Notwithstanding anything else in this Agreement, no default, delay or failure to perform on the part of extremecast.com shall be considered a breach of this Agreement if such default, delay or failure to perform is shown to be due to causes beyond the reasonable control of extremecast.com. |
| 10. Unacceptable Conduct |
|
(a) User may not engage in any conduct or communication while using the Services which is
unlawful or which restricts or inhibits any other User from using or enjoying the Services.
User agrees to use the Services only for lawful purposes. extremecast.com reserves the right
to terminate User's membership if it determines, in its sole discretion, that User has engaged
in unacceptable conduct. The list of prohibited conduct set forth in Subsection (b) below provides examples of unacceptable conduct, which list is not exhaustive, and extremecast.com reserves the right, but not the responsibility, to restrict conduct which extremecast.com deems, in its sole discretion, to be harmful to individual members, damaging to the Services, or in violation of extremecast.com's or any third party's rights. extremecast.com may prohibit or delete conduct, communication or content transmitted on extremecast.com services that is deemed to be in violation of applicable laws or is harmful to other members, the extremecast.com service community or the rights of extremecast.com in general. User acknowledges, however, that communication over the Services often occurs in real-time and extremecast.com cannot, and does not intend to, screen communication in advance. YOU MAY NOT USE THE SERVICES TO:
In certain situations, the overall pattern of behavior on an account or a set of linked accounts may be determined to be disruptive or abusive, even if no one single act clearly violates any specific policy. In such cases, extremecast.com reserves the right to determine what patterns of behavior are defined as "high-maintenance" or "disruptive" and may take action against the account(s), ranging from a simple request to moderate the high-maintenance behavior, to total lockout of all linked accounts. |
| 11. Copyright Rules and Regulations |
|