Terms and Conditions of Service

Satisfaction Guarantee

We stand behind our services as we feel we have the best quality of anyone in the industry. If you try a server and are not toally satisfied we will refund your payment within 5 days of purchase. That allows ample time to test the service. We do not offer refunds beyond 5 days because some customers would simply use the service for a full term and then at the end claim an issue just to get a free server even though the service had no issues.

Payment for Services

Payment is due on or before the due date of the corresponding service. Payments not received by the due date will have the corresponding service suspended. Failure to pay within 7 days of the due date will result in termination of the service(s) unless we are alerted of your intention to pay via the support ticket system.

You agree to pay all of our proper invoices for all installation charges, service fees and charges, equipment fees, and all other charges in connection with the services, including, but not limited to, fees for late payment and interest, charges for returned or "bounced" checks, reasonable attorneys fees in the event that we are required to retain counsel to enforce this agreement, and disconnection fees and early termination charges if we terminate this agreement because of your default. You will make all payments within 10 days of the date on our invoice or we may charge you interest on all past due amounts from the invoice date to the date of full payment at a rate that is the lesser of (i) 1.5% per month or (ii) the highest rate permitted by applicable law. If you dispute any of the charges on your bill, you must notify us immediately or, at the very least, no later than 10 days after the date on the disputed bill. All items not in dispute must be paid when due. Once the dispute is resolved, any appropriate adjustments due to you or to us will appear on the next bill.

Service Renewal / Cancellation

After the initial Term of the service ends, you will automatically be renewed for the same term unless a cancellation request is submitted via our cancellation form in the support area of the website.

Termination of Service

We may terminate any or all services, without additional notice if payment is not received when due. If, after termination, you desire to restart the services, you may be required to pay additional fees and deposits, and to prepay for the services.

Delivery of Service

We may from time to time relocate services to a similar hosting location at our descrition. This will change IP addresses assigned to game or voice servers. While this is a rare event we reserve the right to do so. You should use a free subdomain (myteam.midnightgaming.net) for your server so that a change of IP will not affect your server.

Additionally we may move services between our servers to provide the best overall quality for our customers.

Pricing of Services

We reserve the right to adjust pricing for services at any time. If you do not agree with the new pricing you may opt to receive a pro-rated refund for any additional time remaining on your service term. This may be done if for instance a new type of game server requires much more resources than expected. Another instance is if we have given a discount on a service which we no longer want to offer.

Service Level Guarantee

Services provided by Midnight Gaming are provided as a best effort service. While we generally have extremely high up-time for our servers, we are not responsible for any downtime that may occur. Our pricing is very low and the nature of game and voice servers does not allow for any type of redundant servers in case the main server becomes unavailable. Users are responsible for saving backups of all configuration files and customizations to their server on their local system. If your server is down and not expected to be back up soon you can request a temporary server in another server box or location as a temporary fix. This will be a base install and you will need to do any customizations as needed.

Acts Beyond Our Control

We shall not be deemed in breach if our obligations are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, failure of transportation or communication, third party nonperformance (including, without limitation, the failure or performance of common carriers, interexchange carriers, local exchange carriers, suppliers and subcontractors, network outages, datacenter outages, hardware malfunctions), or any other cause beyond our reasonable control.

User Conduct Agreement

We require users of our services to behave in an appropriate manner as adults, and by ordering our services you agree to be bound by this policy. Any slanderous, defaming, or negative remarks about Midnight Gaming or our services, inappropriate language, threats of legal action, inappropriate treatment of staff via support system or otherwise, may result in termination of your account and all related services at our discretion without notice and no refunds will be given. While we have never had to enforce this, we reserve the right to do so.

AAHONOR NOTICE

INTELLECTUAL PROPERTY NOTICE "AAHONOR" and "Pragmatic Honor Provider" and their corresponding logos are copyrighted and/or trademarked by Pragmatic Solutions, Inc. "America's Army", "Honor", and "America's Army Honor" and their corresponding logos are copyrighted and/or trademarked by the Department of the Army. Logos and/or marks may not be used without expressed written permission from Pragmatic Solutions, Inc. or the Department of the Army respectively.