Terms of Service
By subscribing to our website, server or other services you (the client) are in agreement with our Terms of Service (Wired Avenue LLC). Wired Avenue LLC reserves the right to cancel, suspend or terminate any service provided with or without a refund or notice or warning for any reason. Wired Avenue LLC also reserves the right to change and modify the Terms of Agreement at any time with or without client notification. It is up to the client to periodically check and update themselves with the recent Terms of Service. If any client does not comply with the new Terms of Service modifications, their service will be terminated. The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website, accepting the Company’s terms and conditions, and/or in any agreement with the "Company". "The Company", “Ourselves”, “We” and "Us", refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing American Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Service Payment, Refunds and Cancellation Guidelines
All payment invoices are generated 10 days before payment is due. Failure to pay before the due date will resort in suspended service until payment is received. After 1 day of non-payment, the service will be suspended with or without any notification. Late payments are subject to a $5 late fee. After 3 days of non-payment from the due date, the service will be terminated and Wired Avenue LLC will not responsible for any data loss due to termination. Wired Avenue LLC reserves the rights to deny or provide refunds for their services with or without reason, regardless of the Service Refunds and Cancellation Guidelines if the user does not follow the Acceptable Use Policy. All cancellations must be given 5 days before the next billing due date. Cancellation requests must be made in writing with atleast 30 days notice unless stated otherwise in the service agreement.
Term and Termination
The term of this Agreement shall begin upon the date the server is installed and made available to the customer and shall be for the period stated in the commitment section of the Service Order. If no commitment is stated, the term will be of 1 month (or in the case of hourly-billed Cloud Services the minimum term is 1 hour). Agreement is renewed for successive 1 month after initial commitment until terminated by either Party, except in the case of hourly-billed Cloud Services. After initial commitment stated on the service order, either party may terminate this Agreement on the account's anniversary date (an account anniversary date corresponds to the day of the month at which an account was opened.) (i) for convenience on 48 hours before the next anniversary date written notice to the other party, or (ii) if the other party (x) commits a material default (which, in the case of the Customer, will include any failure to make any payment when due) and fails to rectify such default within 10 days after being given notice of such default by the other party, or (y) becomes the subject of any voluntary proceedings under any bankruptcy or insolvency laws, or becomes the subject of any involuntary proceedings under any bankruptcy or insolvency laws which are not dismissed or withdrawn within 60 days after filing.
An early termination fee of 50% of the remaining value of the contract will be incurred if the customer chooses to terminate or cancel the service before the end of the agreement. The fee shall be calculated as such: number of months remaining multiplied by monthly server rate divided by 2.
Cancellation requests must be made email or in writing with the customer's signature with at least 48 hours notice and sent to : Wired Avenue LLC, 611 West G #122, San Diego, California, USA.
Unless otherwise provided, you agree that until and unless you notify Wired Avenue of your desire to cancel the Services, you will be invoiced on an automatically recurring basis to prevent any disruption to your Services
Server File Backups
Even though automated backups are generated regularly, client file/database backups are not guaranteed. Client is responsible for their own data management.
Client Server Sharing / File Responsibility
Wired Avenue LLC services serves an environment with the sole purpose of providing hosting services and will not be held responsible for client sharing his or her account (with admins/sub-users) or files that are stored on said account. In the event where shared accounts with other users (admins/sub-users) become malicious to the client (due to conflicting interest, etc.), Wired Avenue LLC is not responsible for this action. Furthermore, all files stored on client's server (except for the files that come standard) is also his or her responsibility and holds no merit with Wired Avenue LLC. Any files which are copyright and used or uploaded by client is also the responsibility of the client.
Acceptable Use Policy
Client agrees not to attempt to modify the products or services as purchased from the original specifications. The client also agrees to not attempt to access any data or services outside of the client's given user directory. Client agrees to not exceed purchased amount of storage space in their server. Doing so may prevent additional data being written to their server, therefore preventing the ability for game data to be saved. Wired Avenue LLC will not be responsible for such data loss. Spamming of the ticket system will not be tolerated and may result in service termination. Allow up to 24 hours for responses. Wired Avenue LLC reserves the right to re-configure, reboot, or shut down any server as necessary in the event that it is adversely affecting the hardware or other users, with or without prior notice. Failure to adhere to the acceptable use policy will result in service termination with no refund.
Any client/partner there have or is publishing and/or broadcasting content such as (but not limited to) articles, photographs, films, or websites that is likely to be upsetting, insulting, or objectionable towards Wired Avenue LLC and/or Wired Avenue LLC's staff members are subject to immediate service termination.
Wired Avenue Hosting does not allow unsolicited email and requires opt-in list managers to include at least one single action method of unsubscribing in each email. We reserve the right to limit email activity and/or suspend all services at any time.