Terms Of Service - 利用規約

Terms of Business

By using the ArtingNetwork website and associated domains (the “Website”), you accept that our Terms of Business, the Website Terms of Use and Privacy Policy govern your use of, activity on and purchases from the Website. We reserve the right to change these Terms from time to time and each visit to or new purchasing activity on this Website by you will be governed by the then Terms operating. Your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms have been changed

The Website is created, administered and controlled by ArtingNetwork Hosting (“we”, “us”, “our”). Before you place an order, if you have any questions relating to these Terms please contact us. We can be contacted by opening a ticket here (https://ArtingNetwork.gg/portal/submitticket.php).

Purchasing

You must register with us to purchase Server Hosting services. We will contact you using the details used to register with us. Should you wish to stop using our services please contact us on the above details and we will update your details however we will need to hold onto basic contact details associated with our accounting needs. Once you stop using our services you will no longer receive notifications about updates to our services from us and technical information may have changed by the time of your next visit.

Intellectual Property Rights

ArtingNetwork Hosting is the trading name and trademark of XCEL Hosting LLC. All materials, including images, illustrations, designs, site layout, photographs, written and other text or script that are part of this site together with all server and hosting settings, control panels, and underlying source code in the Website are protected by copyright, trade mark, design right and/or other worldwide intellectual property rights and belong to us unless otherwise indicated.

We use trademarks belonging to others to indicate the nature and intended purpose of our hosting services, but do not claim ownership of these. In some cases, the associated hosting service is configured according to the needs of that party's games. We review from time to time the public permissions granted for use of server configuration software of others, however, it is for you to check and ensure for yourself that your use of such configuration settings is lawful and we take no responsibility for your decision to proceed with your use.

Prices

You agree to pay to us the price for accessing our Server Hosting services in advance. The prices for a particular service you request will be displayed on the Website and are chargeable at the rate shown at the time of your order. Prices include VAT at the current US rate. We reserve the right to alter descriptions and prices at any time or withdraw services from the sale. We continually update our online store. From time to time we may run special local promotions which may not be available to customers in particular jurisdictions.

Payment

We accept payment in various currencies but we are not obliged to accept the currency you demand. We charge VAT at the US rate where you are recognized to be accessing the Website from the US. If the currency of your bank or credit card account is not in USD($), you may be charged exchange rate conversion fees by your bank or credit card company.

We accept payment through third-party payment providers as advertised from time to time, such as Stripe. Payment providers have their terms of service which you should satisfy yourself with before purchasing. All payments are processed securely through our payment provider's portal. We do not hold any credit card details.

You acknowledge and agree that unless otherwise stipulated in the order process or otherwise changed afterward in accordance with the applicable process all monthly or other periodic recurring fees related to the Services or otherwise referenced in this Agreement are to be recurring transactions that will be billed on an ongoing basis until the Services are terminated in accordance with this agreement.

Periodic Services

We offer our services on a rolling renewable monthly basis.

Refund Policy

Should you decide to cancel an order with us you may do so up to 48 hours before commencement without a charge being taken. If you cancel up to 48 hours after your initial order we shall offer you a refund in full. If you cancel after 48 from the commencement of your service we shall give you a refund pro rata for time not used up to 14 days after the start of your service in the form of credit for cancellation. This does not affect your statutory rights under our cancellation policy set out below.

Automatic Renewal

All services are subject to automatic renewal for the period of your original service except that we will use our reasonable efforts to send you a courtesy warning prior to upcoming renewal as follows:

Web Hosting: 24 Hours before the service is due for renewal

Payments will be taken on the same day as your service is renewed

Access to Services

Access to your services will be possible within 24 hours after you have completed your purchase including clearance by us of payment and at which time we shall notify you using the contact details you provided to us.
Orders placed by you are an offer to purchase and our acknowledgment is not an acceptance. Once you have received our acknowledgment email, we can't change the details of your order. Please ensure you review all your details before you complete the checkout process.

Access to your server space grants you a non-exclusive non-transferable license to access the server hosting space dedicated to you. Nothing in these Terms grants you the right to offer to sublicense this space to others or otherwise deal in the hosting space.

Your use must be within the Terms of Use of this Website [found here] and within these Terms of Service. Should you make use of the server space outside these Terms we reserve the rights to block access to our servers or to take action against you for any such breach or notify other rights holders of such breach.

You must provide your own technical arrangements for accessing the Services and for downloading and viewing the associated configuration settings we provide (if any). Any digital products and services will normally be provided in commonly supported formats however, these will be indicated to you as part of the description of each product. Please check these before you purchase as it will not be possible to refund you after your purchase. Whilst all reasonable effort has been taken to display samples of digital products and services accurately, we cannot guarantee that your hardware, software, or monitor's display will accurately reflect this.

Complimentary Services

We may, from time to time and at our sole and absolute discretion, offer complimentary services or upgrades to our customers such as hosting or other Services to our customers. Complimentary upgrades and services may be temporary in nature and/or may require you to renew the service at the end of the designated complimentary period at the then-current price for continued use.

Backup Services

Whilst we take reasonable efforts to keep our servers secure we do not guarantee that your information will be kept secure in all circumstances. We, therefore, recommend that you maintain backups of your data in your own secure location.
We offer additional backup plans where you need to restore data you have lost or mislaid:

A one-time fee is payable as advertised on our website at the time you order the data available identified with your user id from our own regular backup. The service offers the data “as is” held in our back with no guarantee that your recent use is reflected fully in our backup.

A service allowing you to perform back-ups at your convenience from your control panel interface into dedicated backup storage arranged by us. Payment is related to the amount of storage space requested as advertised. We are unable to offer any refund once you order this service as it requires the purchase of dedicated storage space upon order.

Cancellation Policy

Under the United States Consumer Rights Act legislation you have the right to cancel your purchase without reason within 14 days of making the purchase provided you have not commenced accessing the digital product in which case you will be taken to have wanted to use the service urgently. Once you have commenced access to the services you waive the right to cancel your order for the entire service however should you wish to cancel within 14 days following your order and you have started accessing the service then we will refund your payment pro rata as set above in addition to your statutory rights.

Should you wish to cancel you must inform us in writing of your request for a refund within 14 days after your order to us by email. Please quote your order number on all correspondence. This does not affect your statutory rights.

Specific services where no refund is available include i) any service where dedicated servers must be configured for your specific service and cannot, therefore, be made available for others to use and ii) any service linked to the purchase by us of dedicated storage. These instances will be indicated to you before purchase.

Limitation of Liability

To the extent permitted by law, we will have no liability to you in contract, tort (including negligence), or otherwise for any loss (including loss of profit), cost, or damage (whether indirect, consequential or otherwise) suffered as a result of your use of the Website or from use of information passed through the Website, even if we are aware of the possibility of such loss. Additionally, we shall also not be liable to you for a breach of these terms and conditions, infringement of third parties intellectual property rights, or a failure to perform if the delay or failure is due to a cause beyond our reasonable control.

Except in respect of injury to or death of any person or any other liability which cannot be limited or excluded by law (for which no limit applies), our liability to you in respect of each event or series of connected events shall not exceed six (3) months' worth of fees.

To the extent permitted by law, we exclude warranties of satisfactory quality, fitness for purpose, and by description to the extent that we make no representation that they match your particular individual needs.

Indemnification

You agree to defend, indemnify and hold harmless, us and/or our associates, subsidiaries, their officers, directors, employees, affiliates, licensees, business partners, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees resulting from any breach by you of any of these terms.

Website Terms of Use

Your access to and use of this Website is subject to the following terms:

Your use of this Website including but not limited to purchases made therefrom and any dispute arising out of such use of the Website is subject to the laws of the United States and exclusively justiciable in the courts of the United States subject to an obligation on you to enter into good faith mediation with us first before commencing any proceedings (subject only to urgent injunction relief) should a dispute arise.

Your use of this Website including copying or storing it, in part or whole, other than for your own lawful, personal, non-commercial use is prohibited without our prior permission. You may not reproduce, publish, transmit, publicly perform, distribute, display, modify, adapt, bundle, alter, create derivative works of the site, sell or participate in any sale of or exploit in any way, any of the contents, the site, or any related software in whole or in part without our express prior written permission.

The Website may only be used for lawful purposes by those 18 years or older. You agree to comply with all applicable laws, statutes, and regulations regarding the Website and any transactions conducted on or through the Website. We cannot guarantee that each person is at least the required minimum age and we do not accept responsibility or liability for any content, communication, or other use of the Website in violation of the terms.

We reserve the right to control access to any part of the Website by the use of user names and/or passwords, including by registration, to access the Services offered by the platform.

You may create a link to the home page of the Website from another Website owned by you provided it is for a legal, non-commercial purpose and is not to the detriment of our reputation, the reputation of the Website, or derogatory comment concerning any other user of the Site. Any other linking is subject to our prior written consent.

The information and materials contained on the Website including all opinions, links, comments, advice, datasets, and services (the “Information”) are provided by us for general information purposes only:

It shall be your responsibility to ensure that the Information or any products or services available through the Website meets your specific requirements. We do not provide any warranty or guarantee (express or implied) as to the accuracy, timeliness, performance, completeness, or suitability of the Information and materials found or offered on the Website for any particular purpose. Any reliance you do place on the Information is strictly at your own risk.

The inclusion of any Information from a third party does not necessarily imply a recommendation or endorse the views expressed within them. We exclude any liability for the accuracy, relevance, or libelous nature of any material posted by a third party to this Website. Should you have a complaint about any Information you should contact us directly.

To the extent permitted by law, we give no warranties in relation to the Website, in particular with limitation, any warranties regarding the accuracy of descriptions and illustrations of items on the Website. We have taken all reasonable precautions to ensure that the information provided within the Website is accurate, including (but not limited to) that prices shown are correct at the time of publishing and that all items have been fairly described.

We do not take responsibility for the use or misuse by others of any personal information that you disclose on the Website.

Every effort is made to keep the Website up and running smoothly, however:

Access is permitted for a temporary period only and we maintain the right to withdraw the Website at any time. We take no responsibility for and will not be liable for the Website being temporarily unavailable due to technical issues beyond our control or for the actions of third parties against the correct function of this Website.

Your activities should be fair and legal:

We reserve the right to exclude you, de-register you, or otherwise bring an action against you in a court of competent jurisdiction if, in our sole opinion, you are in breach of these Website Terms of Use. Unauthorized use of the Website may give rise to a claim for damages and/or be a criminal offense.

You must not attack or attempt to probe, scan or test the vulnerability of a system or network, alter the functionality of the Website whether by crawling, scraping, hacking attempts, the uploading of viruses, denial of service attacks, or other; nor are you permitted to attempt to access data or parts of the Website not intended for you or log into a server or an account that you are not authorized to access.

You are responsible for any acts by another person using your device and/or passwords and access data for accessing the site.