- Client Latency : Latency caused on a gamer's local machine. This may be due to any number of reasons, including lack of CPU power, lack of Video Card/GPU processing power, incorrectly installed software, etc. Gamedyne does not assist in troubleshooting Client Latency, but will attempt to assist in determining if Client Latency is the issue.
- Cross-Connect : A cable, either Cat5/6 ethernet or Coaxial, that interconnects Gamedyne's equipment with a Customer's equipment or a Network Service Provider's equipment.
- Demarcation : The point at which the ingress and egress ports of Gamedyne's equipment terminates into a Provider or Customer's equipment. The demarcation to Service Providers is defined as the port on our Routers and/or switches where the Network Service Provider's cross-connect terminates. The demarcation to a customer is defined as the end of th ecross-connect that plugs into the Customer's equipment.
- Gamedyne : Refers to Gamedyne Limited Liability Coporation (LLC), its officer's, and employees.
- Lag : A non-technical term used by gamers to describe Latency or Packet Loss. Lag may be caused by any number of factors, including Server Latency, Client Latency, Network Latency or other issues. Please see the definitions for these items, and reference them when opening tickets so we may better serve you.
- Latency : Latency is defined as the delay in time between the sending of a unit of data at the originating end of a network connection and the reception of that data at the destination end.
- Mod : An external script or program executed by a game engine to change the functions of the way a game is administered or played.
- Network : Network is defined as a collection of Switches, Routers, and Servers.
- Network Service Provider : An external entity that maintains their own network to provide Gamedyne with connectivity to the Internet. Gamedyne currently uses Internap Network Services as their exclusive Network Service Provider.
- Packet Loss : Packet Loss is when data sent from an originating machine does not reach its destination. Packet loss is measured in the number of packets dropped between the originating source and the destination.
- Ping : Ping is defined as the the time it takes to send a unit of a data from the originating end to a destination and the time for the response from the destination to arrive at the originating source.
- Server : A computer hosting a game, website, e-mail or other function provided by Gamedyne.
- Server Latency : The time it takes for a ping to be processed by a server in-game.

2.1.0 Gamedyne reserves the right to refuse service to anyone at any time, for any reason.

2.1.1 Gamedyne reserves the right to terminate a customers service at any time for any reason. A pro-rated refund of any remaining time will be provided if the customer's account termination is not due to violation of our Terms and Conditions.

2.1.2 Service with Gamedyne is a legally binding contract. By using any of Gamedyne's services, you agree to the terms and conditions set forth in this document.

2.1.3 Failure to comply with the Policies, Terms, and Conditions provided in this document will result in the immediate suspension and/or termination of the Customer's account.

2.1.4 Services provided by Gamedyne may not be transferred to anyone without express written consent in advance from Gamedyne.

2.1.5 Failure to pay for services rendered will result in immediate suspension of all of the custmer's services and/or legal action.

2.1.6 Gamedyne abides by all Local, State, and Federal Laws. Gamedyne is located in Seattle, Washington. Contact information for Gamedyne, LLC is available at http://www.gamedyne.com/contact.php.

2.1.7 Gamedyne reserves the right to modify all Policies, Terms and Conditions of their service at any time without notification. The latest versions of all Gamedyne Policies, Terms and Conditions is avaiable at http://www.gamedyne.com/policies.php.

3.1.0 Availability

3.1.1 Network Availability: Gamedyne offers 99.9% guaranteed network uptime. Uptime guarantee excludes scheduled maintenance events. Scheduled maintenance notification will be provided at least 48 hours in advance.

3.1.2 Server Availability: Gamedyne offers 99.9% guaranteed server uptime. Uptime guarantee excludes all scheduled maintenace. Scheduled maintenance notification will be provided at least 48 hours in advance, and will occur during off-peak hours. Unscheduled maintenance may become neccessary if a critical problem is found.

3.2.0 Performance:

3.2.1 Latency Guarantee: Gamedyne guarantees that its network will introduce no more than 2 milliseconds of latency to customer connections. This latency guarantee is void if a customer requested firewall, packet filter, or access-list is implemented.

3.2.2 Ping Guarantee: Gamedyne makes no guarantee regarding ping times on it's network. Since ICMP (the protocol ping uses) is deprioritized by most routers and servers, we cannot guarantee the response time to ping requests.

3.2.3 Packet Loss: Gamedyne guarantees 0% Packet Loss through the Gamedyne network.

3.2.4 Network Guarantee: Gamedyen makes no guarantee regarding the network performance beyond the demarcation of our equipment. Gamedyne will make a best-effort attempt to resolve any latency issues beyond the demarcation of our equipment with our Network Service Provider(s).

4.1.0 Credit card payment is only avaialble to customers who are at least 18 years of age. If the Billing Contact is not the same as the credit card holder, written and/or verbal authorization from the credit card holder, along with a faxed copy of both the credit card and the credit card holders identifcation will be required.

4.2.0 Billing Cycle: Gamedyne's billing cycle for colocation customers is on the first of each month. The billing cyle for all other customers is the date that their first payment is received. If payment is received on the last day of a month, the invoice date will carry on as the last date of the next month.

4.3.0 If payment is not received by the invoice date, the Customer's server and/or services will be shutdown without notice.

4.4.0 All services must be paid for in advance with exception to colocation bandwidth overages. If a colocated customer utilizes more bandwidth than their base contract, the difference will be added to their bill on the next billing cycle.

4.5.0 Reactivation fee for failure to pay by the invoice date provided is $25. Reactivation fees are non-refundable.

5.1.0 Customers have 72 hours to cancel their Game Server after they are notified that it is ready for their use. During this 72 hour period, the customer may cancel their Game Server for any reason with no penalty. After 72 hours, no refund will be provided. Exceptions to this are outlined in the refunds section.

5.2.0 Customer agrees not to alter any of the settings that affect the CPU Utilization, Memory Utilization, or Network Utilization of the game server. This includes, but is not limited to: sv_maxupdaterate, sv_maxrate, sys_ticrate, com_soundmegs, com_hunkmegs, com_zonemegs, sv_padpackets, sv_fps. Failure to comply will result in the immediate suspension and/or termination of the Customer's account. In addition, a $50 penalty fee may be assessed. Refunds will not be provided to customers who's service is terminated due to violations of this policy

5.3.0 Customer agrees not to alter the number of players permitted in any configuration files to a number that is greater than what Customer's contract stipulates. Failure to comply will result in the immediate suspension and/or termination of the Customer's account. Reactivation fees plus the difference between the number of players contracted and the number of players confired will be applied.

5.4.0 Gamedyne sets its servers to a default Maximum Rate of either 8000 or 10000, depending on the game. Changing the maximum rate will result in the immediate suspension and/or termination of the Customer's account. Reactivation fees will apply.

5.5.0 Any customer-provided mods that impact the availability and/or performance of a server will be subject to additional monthly fees. Customers will be contacted if any mods they implement are causing problems. If the mods are impacting other customers or the customer does not respond to the problem notification, the Customer's service may be suspended until a solution to the issue is found.

5.6.0 Gamedyne is not liable for any outages, problems, or performance issues that result from installation of mods by the customer.

6.1.0 Hosting copyrighted or illegal content is prohibited.

6.2.0 Use of Gamedyne's Web Server for illegal purposes is strictly prohibited.

6.3.0 Hosting of pornography is prohibited without prior written consent from Gamedyne.

6.4.0 Customer's hosting accounts will be suspended if they exceed their monthly traffic quota. Additional monthly traffic rates are providedon our website.

6.5.0 Failure to comply with hosting rules will result in the immediate suspension and/or termination of a Customer's webhosting account. If the account is terminated due to illegal activities, the appropriate Law Enforcement Officials will be notified.

7.1.0 Unsolicited Bulk E-mail (SPAM) is strictly prohibited. Failure to comply will result in legal action and/or a minimum clean-up fee of $1000.

7.2.0 Use of Gamedyne's mail server for illegal activities is prohibited.

7.3.0 Failure to comply with these terms will result in the immediate suspension and/or termination of all of a Customer's hosted E-mail accounts with Gamedyne.

8.1.0 Gamedyne does not provide refunds unless it is for a violation of one of our Service Guarantees.

8.2.0 Refunds for Violation of Service Guarantees

8.2.1 Refunds are provided at a 1:1 rate, with a minimum of a 1 day refund.

8.2.2 Cancellations due to Service Level Agreement Violations are subject to proration from the date of the violation. Gamedyne will provide refunds any time our Latency or Packet Loss exceeds the thresholds outlined in their respective sections.

8.2.3 Gamedyne will provide refunds for any outages resulting from a failure of equipment in our network and/or servers.

9.1.0 Cancellation of Services for customers who are auto-billed must be at least 7 days before their invoice date. Failure to provide at least 7 days notice will result in your service being cancelled at the end of the next payment cycle.

9.2.0 Failure to pay by the invoice date provided results in automatic cancellation of the Customer's account.

9.3.0 Cancellations due to Service Agreement violations will be prorated from the date of the cancellation. Please see the refunds section for more details.

9.4.0 Cancellation of Co-location services must be provided in writing, 30 days prior to the next billing period.

9.5.0 Cancellation of Game Server Hosting services must be provided in writing via e-mail or via telephone.

10.1.0 Disclaimer of Warranties. Gamedyne services are provided on an "As-is" basis, without warranties of any kind, either express or implied. Gamedyne, LLC will not warrant that any information is complete or accureate, or that Gamedyne, LLC's services will be uninterrupted or error free.

10.2.0 Limitation of Damages. Under no circumstances, including negligence, Gamedyne be held liable for the use or inability to use Gamedyne, LLC services, Including without errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance. In no even will Gamedyne be liable to any party or any direct, indirect, special or other consequential damages for any use of Gamedyne's services or any hyperlinked website. This includes, without limitaiton, any lost profits, business interruption, loss of programs or other data on your information handling system or otherwise, even if we are advised of the possibility of such damages.

10.3.0 Release and Indemnity. You hereby release and waive any and all claims and/or liability against Gamedyne, LLC arising from or in connection with your use of Gamedyne, LLC's services. You also agree to defend, indemnify and hold harmless Gamedyne, LLC from and against, any and all claims of liability, including costs and attorneys fees, arisint from or in connection with your use of Gamedyne's Services, or failure to abide by applicable law.

11.1.0 Logs and/or customer information may be provided to Law Enforcement Officials if subpeonaed.

11.2.0 Logs and/or customer information may be provided to Law Enforcement Officials if subpeonaed.

11.3.0 All customer information collected is for Gamedyne and its affiliated companies' internal use only. This information will not be distributed to any other company or organization.