MMO-Mumble agrees to provide services to the Subscriber, subject to the following Terms of Service. Use of MMO-Mumble’s service constitutes acceptance and agreement to MMO-Mumble’s Terms of Service.
MMO-Mumble grants you permission to make use of our Mumble voice server and web administration services (“Services”), provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. You agree to immediately notify MMO-Mumble of any unauthorized use of your account or other breach of security. MMO-Mumble will not be liable for any damages or losses resulting from your failure to keep your account secure.
You agree that any usage of your account deemed as unacceptable by MMO-Mumble will result in immediate account suspension or cancellation without a refund and the possibility that MMO-Mumble will impose fees and/or pursue civil action to recover compensation for damages without any prior notice.
MMO-Mumble and its Services may not be used for any unlawful purpose. Transmission or storage of any material in violation of United States or state law is considered prohibited, and may be grounds for immediate account termination. This includes materials protected by intellectual property rights or materials deemed illegal for possession or distribution.
Additionally, providing false data on any subscription, including the use of unauthorized credit card or other payment information shall result in immediate account termination, and will be reported to law enforcement authorities.
MMO-Mumble reserves the right to suspend access to any customer if, in the judgment of the MMO-mumble administrators, the customer’s account is the cause of a violation of any of the other terms of service or for any other reason which MMO-Mumble chooses. MMO-Mumble will make a reasonable and good-faith effort to notify the Customer prior to unilateral cancellation in order to resolve any problem or dispute with a minimum of service interruption, save in cases otherwise excepted.
You agree that MMO-Mumble shall be permitted to charge your credit card or other authorized payment source on a recurring basis, as agreed upon in advance of providing services. Payment is due upon issuance of invoice. Your service or access may be interrupted and/or cancelled for accounts that are three days or more past due.
MMO-Mumble shall not be held responsible for any additional fees or charges resulting from charges billed by MMO-Mumble, such as overdraft fees or finance charges.
MMO-Mumble provides a 99.9% uptime guarantee on all provided Mumble servers. If in any billing period, your Mumble server is not accessible for more than 0.1% of the billing period, you may request a pro-rated credit for the down-time.
If at any time it becomes necessary for MMO-Mumble to cancel Customer’s service without cause, MMO-Mumble will provide 30 days advance notice by way of contact information furnished to MMO-Mumble by Customer. In the event that Customer’s service is cancelled without cause, MMO-Mumble will refund a pro-rated portion of the Customer’s last payment.
Customer may cancel any individual subscription at any time by using the “Cancel Subscription” button located on that subscription’s page. Once a subscription is canceled, the account will remain active until the end of the billing period, and then immediately deactivated. Refunds will not be issued for time remaining in the billing period. Cancellation of service does not relieve Customer of responsibility for the payment of any accrued charges.
Customer may suspend a subscription at any time by using the “Suspend Subscription” button located on that subscription’s page. Customer will not be billed any further for that subscription by MMO-Mumble, and the associated services will be automatically deactivated at the end of the billing cycle. Customer may re-activate it at any time by using the “Activate Subscription” button on a subscription’s page. At this point, billing will immediately resume and Customer’s server will immediately become available.
If Customer modifies a subscription’s term, that term change will take effect at the beginning of the next billing cycle. For example, if Customer holds a current one-year subscription, and downgrades it to a three-month subscription, then the subscription will renew for three months once the one-year subscription expires.
If Customer increases a subscription’s slot allocation, Customer will immediately be charged for the pro-rated difference in cost for that billing cycle, and the normal increased monthly fee will be assessed at the beginning of the next billing cycle.
If Customer decreases a subscription’s slot allocation, or otherwise is entitled to a non-refund credit, Customer’s subscription will be extended by a length of time determined by the subscription’s current monthly price and the amount of credit due. For example, if Customer receives $10 of credit, and Customer’s monthly subscription cost is $20, Customer’s next billing period will be delayed by one half of one month, resulting in two weeks (or $10 worth) of non-billed service.
The Customer acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of MMO-Mumble. As a result, subscriber agrees that MMO-Mumble shall not be held responsible or liable for any damages resultant from any cause beyond the direct and exclusive control of MMO-Mumble. Customer further acknowledges that MMO-Mumble’s liability for its own negligence shall not exceed an amount equivalent to charges payable by Customer for services during the billing period damages occurred. MMO-Mumble shall not be held responsible or liable for any consequential damages, loss or injury.
Services are provided “as is”. MMO-Mumble hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. MMO-Mumble makes no warranty that the MMO-Mumble website or other services will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through MMO-Mumble at your own discretion and risk.
Subscriber agrees that MMO-Mumble may disclose any and all subscriber information including any log entries or account history, etc. to any court who sends us a valid court order, without further consent or notification to the Subscriber. In addition, upon receipt of such a court order, MMO-Mumble shall, at its sole discretion, have the right to terminate any of the Customer’s services.
You agree to indemnify and hold harmless MMO-Mumble, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Services, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between MMO-Mumble and the Customer concerning any service provided or rendered, and it may only be modified by a written amendment signed by an authorized executive of MMO-Mumble, or by the posting by MMO-Mumble of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Arizona, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Arizona. The arbitration shall take place in Phoenix, Arizona, in the English language and the arbitral decision may be enforced in any court.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MMO-Mumble may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of MMO-Mumble services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.