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  Terms of Service: Server Co-location  

 
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1. AGREEMENT TO TERMS OF SERVICE

Multiplay (UK) Limited ("Multiplay") provides its service to you, subject to the Terms of the Server Co-location Agreement ("SCA") and to the Terms of Service ("TOS"), which may be updated by Multiplay from time to time without notice to you.

The TOS is available for viewing on-line at: http:///terms.asp and written copies are available at our events on request. Notice of changes to the TOS or other matters may be made by displaying such notices at our events or by providing such notices to you generally.

Where any inconsistency exists between the TOS and the SCA, the TOS will prevail.

2. DEFINITIONS

"Event" means any Event organised by Multiplay and to which these terms refer.
"Game Server" means any computer connected to the LAN (as such term is defined in the TOS) running dedicated or non-dedicated server based versions of networkable games or other computer programs.
"Server Owner" means the person or entity that owns, provides or offers up a Game Server for hosting by Multiplay at an Event.
"Server Hosting" means the access to the Service (as such term is defined in the TOS) by a Game Server.
"Co-location Administrator" means the duly authorised representative of Multiplay appointed to oversee the operation of the Co-location area and ensure compliance of Game Servers with the TOS.
"Duty event manager" means the representative of Multiplay duly authorised to act as Event Manager and on duty at a given point in time during the course of an Event.
"DHCP" means Dynamic Host Configuration System and for the purposes of the SCA refers to any applications programs or services that remotely allocate IP addresses and/or remotely configure settings on PCs.
"DNS" means Domain Name System and for the purposes of the SCA refers to any applications programs or services that resolve IP addresses from alphanumeric domain names.
"WINS" means Windows Internet Name Service, and for the purposes of the SCA refers to any applications programs or services that operate the mapping of Net BIOS names to IP addresses.


2. LOCATION OF GAME SERVERS

Game Servers will be located at the Event in a specifically designated roped off area ("the Co-location Area"). Access to the Co-location Area prior to, during and after the Event is strictly prohibited unless such access is by prior arrangement with and the escort of either the Co-location Administrator or the Duty Event Manager.

3. SERVER REGISTRATION OBLIGATIONS

In consideration of Server Hosting Server Owners must provide true, accurate, current and complete information about themselves and the Game Server as prompted by the Server Hosting registration form at http:///bookservices.asp (such information being the "Server Registration Data").

On registration Server Owners must inform Multiplay of any special requirements for their Game Server, including but not limited to the need for additional power and/or network cabling and space to accommodate the Game Server. Server Owners wishing to bring a rack of servers must inform Multiplay of each server that will be rack mounted, and the dimensions of the rack.

If Server Owners provide any information that is untrue, inaccurate, not current or incomplete or Multiplay has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Multiplay has the right to suspend, terminate or refuse any and all current or future use of the Service (or any portion thereof) by the Server Owner.

4. FEE FOR SERVER HOSTING

The fee for Server Hosting is £20.00 (being £17.02 + VAT) per power or network connection (which ever is the greater) required by the Game Server.

5. AVAILABILITY OF SERVER HOSTING

Multiplay will only make available Server Hosting for a Game Server registered and paid for in full 48 hours prior to the commencement of the Event. Once a Game Server has been registered, payment in full becomes due. For the sake of clarity, Multiplay shall not any payments by way of refund or otherwise, if for example the games server does not work on arrival at the event, or the Server Owner is unable to bring the Game Server to the Event. This is because the space available to servers is limited and cannot be re-booked once registered.

Where possible, Game Servers will be connected directly to the LAN, either by means of a cascaded server farm switch or a direct connection to the central core switch.

Server Hosting will be made available from 9am on the first day of the Event until 6 pm on the last day of the Event, unless notified otherwise in writing.

6. PROVISION OF SERVER HOSTING

To facilitate Server Hosting, for each Game Server Multiplay will provide the Server Owner with:

  • An e-mail containing the network configuration settings to be assigned to their Game Server ("the Configuration information")
  • one dedicated 3 pin IEC power cord for mains power supply.
  • one standard RJ45 Category 5 cable. The LAN does not support BNC (coaxial cable) connections.

Such equipment shall remain the absolute property of Multiplay and shall be returned to the Duty Event Manager at the end of the Event. In the event such equipment is not returned, a fee of £40 plus VAT will be charged to the Server Owner.

7. OPERATION OF GAME SERVERS

In addition to the obligations contained in the TOS, Server Owners must ensure that their Game Server:

  • is in working order for the duration of the Event.
  • is configured in accordance with the Configuration Information before the commencement of the Event.
  • can boot normally without requiring a monitor, keyboard or mouse to be connected to it.
  • is free from viruses, worms or other harmful or malicious computer programs and that the hosting of the Game Server does not present a risk to other users of or equipment connected to the LAN.
  • is clearly marked on the front or top with the Server Owner’s name alias and seat number
  • has the same name, and appears on the LAN to have the same name as, the Server Owner. Where a Server Owner has more than one Game Server, the Game Servers should be given the Server Owners name plus a unique sequential number starting at 1 to indentify each individual Game Server separately.

8. PROHIBITED USES

In addition to the limitations on use contained in the TOS, Server Owners must NOT allow their Game Server to:

  • run any DNS, WINS or DHCP services, or any other application, program or system service that Multiplay in its absolute discretion deems to pose or capable of posing a risk to normal operation of the LAN.
  • have the "Server" element disabled, if the Game Server has any version Windows NT Server or Windows 2000 Server as its operating system.
  • host a Public FTP service. Private (i.e. password protected) FTP services are permissible provided only that they run on the default TCP port (21) and are for the sole use of the Server Owner to upload maps configuration and or other files required to fulfil its role as a Game Server. Any files which Gamers need to join the games hosted on the Game Server, must be uploaded to the Official Multiplay Public FTP site.
  • have the words "Multiplay", "MPUK" or "Official" included or incorporate in the name of any Game Server. This ensure Gamers can readily identify Tournament and Public game servers provided by Multiplay at the Event, from other Game Servers.

9. MANAGEMENT OF CONTENT

Server Owners attention is specifically drawn to the provision of the TOS with regard to the Management of Content and they are reminded that Multiplay reserves the right to monitor network traffic bandwidth, to perform port probes and to monitor Games Servers.

In addition to the provision of the TOS, in consideration of Server Hosting, Multiplay may further request administrator level access to any Game Server to ensure compliance with the SCA and or the TOS. Failure by a Server Owner to permit allow and or facilitate administrator level access will result in Termination of the Service and Server Hosting in accordance with the TOS.

10. LIMITATION OF LIABILITY

Server Owners attention is specifically drawn to the provision of the TOS with regard to the Limitation of Liability and they are reminded that Multiplay assumes no responsibility for equipment and or data whilst it is connected to the LAN and that the network security of a Game Server is the responsibility of the Server Owner.

Server Owners acknowledge and accept that connection to the LAN is completely open i.e. Game Servers are not protected by a firewall or any other form of network security system or device. Furthermore, Server Owners acknowledge and accept the power provided is supplied to Game Servers is from the same mains distribution system as every other PC at the Event and that the power supply does not have UPS backup and is not surge protected. Multiplay accept no responsibility for any damage caused to equipment and/or data as a result of a power fluctuations or failures.

Server Owners place their Game Servers in the Co-location Area entirely at their own risk.

Nothing in the SCA shall affect the statutory rights of any consumer, exclude or restrict Multiplay’s liability arising from fraud or other criminal action or exclude or restrict any liability for death or personal injury arising from the negligence of Multiplay.

11. DISCONNECTION OF A GAME SERVER

Server Owners attention is specifically drawn to the provision of the TOS with regard to Termination and they are reminded that Multiplay reserves Multiplay reserves the right to ask a Server Owner to shutdown, disconnect and remove any Game Server from the Co-location Area if Multiplay suspects that there has been a breach of the TOS. Any machine removed from the Co-location Area must not be re-connected to the LAN without the express permission from the Co-location Administrator.

The Server Owner may ask to have their Game Server shutdown, disconnected and removed from the Co-location area at any time. Once removed, a Game Server may not be reconnected to the LAN without the express permission from the Co-location Administrator.

Any attempt to re-connect a disconnected Game Server or any failure to obtain the permission of the Co-location Administrator prior to re-connection will result in the Server Owner being ejected from the event. No refunds will be given in such circumstances.

12. GENERAL INFORMATION

The SCA (including the TOS referred to herein) constitutes the entire agreement between you and Multiplay and governs Server Hosting, superseding any prior agreements between you and Multiplay. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The SCA shall be governed by the laws of England and subject to the exclusive jurisdiction of the English courts. Any failure by Multiplay to exercise or enforce any right or provision of the SCA shall not constitute a waiver of such right or provision. If any provision of the SCA is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the SCA remain in full force and effect.

The section titles in the TOS are for convenience only and have no legal or contractual effect.


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