Terms of Service

FRAG provides leased game servers. FRAG is an Australian Registered Company, FRAG Pty Ltd (ACN 645 665 210). FRAG may also be referred to as "we," or "us" throughout this document.

The services that we operate include the FRAG Website, available at http://www.frag.gs/; leased game server services; and the network of servers and all infrastructure used to operate the aforementioned services. These services will collectively be referred to as FRAG Services. Any specific game server service leased by you will be referred to as a "FRAG Service" or "your Service" unless it's clear that we mean something else.

By using FRAG Services, you indicate that you agree to be bound by these Terms of Service. If you don't agree, you must not use FRAG Services.

We reserve the right to update and change these Terms of Service without notice.

General terms

You must be 13 years of age or older.
You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
You are responsible for maintaining the security of your account and password.
You may not use FRAG Services for any illegal purpose or to violate any laws in your jurisdiction (including but not limited to copyright laws).
You're allowed to use only one FRAG account. If you have multiple people on the same network (for example, in the same house) they can each create their own FRAG account.
You may not change or try to change configuration settings (such as maximum player count, slot count, or memory (RAM)) that do not have a public method of configuration (for example, our control panel), and/or have separately priced packages available for purchase from FRAG.
You may not sell, resell, lease, transfer or rent your FRAG Services to another person.
You may not use FRAG Services try to exploit, hack or reverse engineer the FRAG Services or any infrastructure operated by FRAG.
You may not use FRAG Services to disrupt other FRAG Services or any other computer or service on the internet.

Support

We have a support email address, hello@frag.gs, where we will respond to issues and queries regarding FRAG Services. FRAG Staff reply to emails in the order they are received. We will attempt to respond as quickly as possible but we can't guarantee any specific response time.

Additionally, on our website, we list a few external channels in which you might be able to find support, but we can't vouch for the quality or acceptability of these support channels because we don't control or monitor them and we have no association with them. We encourage users to use these support channels at their own risk.

Payments and Refunds

FRAG Services are billed monthly to your payment method that we have saved with our payment processor, Stripe. Your Services are billed automatically. If you have an account credit, this will be applied to any invoices before we attempt to charge your payment method. You will receive an email invoice when we have successfully billed your Service each month.

If we fail to bill your Service because your payment method is declined or otherwise unavailable, we will notify you by email. We will continue to attempt to charge your saved payment method for your invoice amount up to three times over a period of up to five days. During this time, your Service will still be available, but this may change at any time and we make no guarantees that Services will be available for any period of time beyond the invoice due date. If we still cannot successfully charge your payment method, your Service will be terminated. This means your server and all server data, configuration and files will be deleted, and cannot be restored.

You can update your saved payment methods at any time from your user account page on our website.

If you're having trouble paying your bill, please contact us to discuss your options.

Refunds are processed according to our fair refund policy.

Cancellation and Termination

You are solely responsible for properly canceling your Services. An email request to cancel your Services is not considered cancellation. You can cancel your Services at any time by visiting the page for your Service in the control panel, then clicking "Settings", then clicking "Subscription".

As in the "Payments and Refunds" section above, your Service will be automatically be cancelled if we fail to successfully charge your payment method multiple times.

Maintenance and Downtime

From time-to-time, FRAG Services may be unavailable due to network maintenance or outage—either of FRAG or one of our server or network providers. If maintenance is planned, we will endeavour to give you as much prior notice as is reasonably possible—usually via our control panel—to let you know that your FRAG Services might be inaccessible. If an outage is unexpected, we'll try to keep you updated via our control panel and/or e-mail, but please note that this isn't always possible.

All of the services we offer are unmanaged and targeted towards casual users, so we don't provide a Service Level Agreement (SLA) or guarantee on the uptime of FRAG Services beyond what we've stated above.

Intellectual Property

You are not allowed to upload, transmit or store content for which you do not own or have the rights to use, or that infringes the intellectual property rights of another individual or company.

This includes, for example, uploading copyrighted music, movies or games to your FRAG Services, or naming your server after a famous, trademarked brand.

If somebody alleges that you are using FRAG Services to infringe the rights of someone else, we will as soon as possible disable access to the alleged infringing content. How we choose to do this is at our discretion, but usually we'll have to suspend access to your FRAG Services. We will also notify you by e-mail and on our Website's control panel. You may contest the infringement accusation by e-mail, and we will forward any messages from you to the third-party that alleged the infringement.

Repeated and/or severe infringements of other people's rights may result in termination of your FRAG Services.

Term and Cancellation

This agreement is in effect for the duration from when you begin using FRAG Services, until either:

You provide us with written notice to hello@frag.gs that you would like to cancel your FRAG user account, at which point we will delete all of your user account data, including servers and server data. We will provide written confirmation when this has been completed, usually within 3 business days.
We terminate your FRAG user account as a result of a violation of this agreement.

Warranty and Liability

To the extent permitted by law, FRAG Services are provided "as is," without any warranty. FRAG will not be held liable for any form of loss relating to or arising from the use of FRAG Services.

Consumer Rights

FRAG is based in Australia, which means that purchases may be subject to Australian Consumer Law.

While we conduct business from Australia, however, the FRAG Services are located in places outside Australia, and you might also be located outside Australia. Because of this, we suggest that you consult a local lawyer to determine which, if any, consumer provisions and protections will apply to you in regard to your use and/or purchase of FRAG Services.

Questions about the Terms of Service should be sent to hello@frag.gs.

We've adapted this policy from the Basecamp open-source policies (CC BY 4.0).