Terms of Service

Important Legal Agreements

Customers hold complete freedom to express themselves on their websites. Although your intellectual and artistic freedom is respected, GoPlay still reserves the right to remove content from our servers for any of the following reasons:

We do not allow any illegal activity including, but not limited to child pornography websites, links to child pornography websites, animal abuse websites, spamming, slanderous, abusive, racist or terrorist content, illegal software/warez download sites (linking is allowed, hosting the files is strictly prohibited.), illegal game servers, and illegal bulk email services.

We do not allow any conduct that violates regulations, or normally accepted practices within the Internet community, whether or not expressly mentioned in this policy. We reserve the right at any time to refuse or cancel service without warning or refund should any of these terms be violated. Use of our services is at the customer's sole risk, we make no warranties. We reserve the right at any time to disallow activities that might in any way damage GoPlay's reputation, network and or servers whether caused intentionally or unintentionally.

The Service

GoPlay's services include but are not limited to the following: Gaming Servers, Dedicated Server, Domain and Web Hosting. GoPlay does not place banners on customer's websites although customers may choose to do so in accordance with all regulations set out by GoPlay and the province. GoPlay will not charge additional fees for the aforementioned services unless the customer chooses to use optional services that are subject to a fee. The customer is, however, entirely responsible for:

• Presenting available payment upon due date for any of GoPlay's paid services; if the account(s) has an outstanding balance, GoPlay reserves the right to suspend all services associated with member / member credit card number until the amount is paid in full.
• Providing all necessary equipment and software to establish a connection to the World Wide Web and use the services offered by GoPlay, including but not limited to a computer and modem.
• Providing own access to the World Wide Web and paying for all fees associated with such access.
• Resource and player slot limits are fixed according to the hosting package you purchase. Customers must not increase, bypass, or modify these limits by any means, including editing server configuration or game files. Any attempt to exceed the purchased limits may result in suspension or termination of the service without refund, and additional charges may apply for excess resource usage.

Customer Information

To be able to use the Service, customers must complete a proper registration process. The customer agrees to:

• Provide current, complete and accurate personal information (referred to as the Registration Data) as requested by the Service;
• Maintain and update this information to keep it current, complete, and accurate.

GoPlay does not sell or disclose any Registration Data to a third party unless:

• Customer voluntarily discloses such information to another party;
• Customer expressly directs GoPlay to release such information;
• GoPlay is required to disclose such information by any applicable law or legal process served on GoPlay.pk.
• Information is publically available (Such as WHOIS DATA)

Advertisements

Customers may choose to display advertising banners on their website, provided that the advertisements are not of illegal, or discriminatory nature. Customers may also enter into correspondence with or participate in promotions of the advertisers whose banners are displayed on their own or other customer's websites. Any such correspondence or participation, including the payment and delivery of products and services and any other terms, conditions, warranties or representations associated with such correspondence or participation, are solely between the corresponding customer and the advertiser.

GoPlay assumes no liability, obligation or responsibility for any part of any such correspondence or participation.

Limitations

The Service is subject to the following limitations:

• Customers agree not to engage in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate or unreasonable amount of the resources of the GoPlay servers.
• Customers shall not include content or Internet links to content on the site that may contain, promote, or involve the following.

The Customer agrees not to initiate or be involved with any of the following on any of GoPlay's shared, reseller, gaming server or dedicated servers:

• Any infringement of copyright, trademark, patent, trade secret or other intellectual property right;
• Illegal software / Warez file hosting;
• Content that exploits children less than 18 years of age;
• Hate and/or terrorist propaganda;
• Racist, threatening, or otherwise abusive content;
• Content promoted through the sending of unsolicited e-mail (also known as spamming);
• Sending of unsolicited e-mail (SPAM) from GoPlay servers, or any other server that refers to content on the GoPlay server, or sending such e-mail with a GoPlay hosted website listed as the contact address;
• Mail fraud, multilevel marketing (pyramid) schemes or other fraudulent activities;
• The promotion or incitement of, or instruction for, the commission of illegal activities;
• Information or other material that contains a virus, corrupted data or other harmful or damaging component.
• Illegal Internet gaming sites / file sharing servers.
• Illegal bulk email services.

Customers will be aware that the following is prohibited for dedicated servers.

Examples of unacceptable content include, but are not limited to:

• Copyrighted media, without authority to distribute or display
• Unlicensed applications
• Cracking programs or key generators
• Child pornography or kidnapping material
• Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
• Terrorist propaganda, racist material, or bomb/weapon instructions
• Virus/Virii, Spyware, Malware, or other infectious material
• Material protected by trade secret or other statute

Additionally, GoPlay prohibits:

• IRC and associated programs (including psybnc, "bots", etc…)
• Scripts commonly used for abuse, attacks, or flooding
• Threatening, harassing, or obscene content
• Any proxies which do not require authentication (including open mail proxies, unprotected anonymous web surfing proxies, etc…)
• Legal adult content is permitted on all GoPlay product lines. The viewing/downloading or possession of such information/data by GoPlay clientele is not governed by GoPlay policy, is at your discretion/free will, and may be governed by your state/federal government.
• Links to unacceptable content, as defined above, are also prohibited.

Online Activity

Any attempts to undermine or cause harm to the GoPlay equipment, network, operations, or clientele are STRICTLY prohibited. GoPlay will pursue legal action to the fullest extent for all abuse/violation of such. Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of GoPlay, is prohibited.

This includes, but is not limited to:

• Denial of Service Attacks (DOS/DDOS)
• Unnecessary Port Scans
• Mail Bombing
• Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc..

Bulk Email

We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the GoPlay network, or spamvertising (unsolicited advertising of) sites hosted on the GoPlay network is STRICTLY prohibited.

Legitimate bulk email meets the following criteria:

The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)

Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.

All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.

If GoPlay approaches a client for evidence of confirmation, this request must be honoured within 48 hours. Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.

Additionally, if such actions have caused mail servers or IP address ranges on the GoPlay network to be blacklisted, GoPlay reserves the right to assess a $100 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists.

Please make an effort to limit outgoing mail on your account to no more than 2000 pieces per hour. Large mailings are preferred to be sent from the hours of 12 AM – 8 AM EST.

Policy Violations

GoPlay may, at any time, audit systems for any data/activity showing potential policy violations.

Warnings: The GoPlay attempts to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any GoPlay staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 24 hours of the notice. Failure to do so may lead to suspension. Repeated failure to do so may result in termination or suspension.

If a service is suspended due to outstanding abuse issues, the client will be required to pay a reactivation fee of $50.00 when applicable, to cover any administrative costs associated with the offense/violation, as determined by GoPlay as well as remedy the violation.

Note: It is extremely important to ensure that the email address on record with the GoPlay Customer Service Dept is valid. This is the address used for abuse notifications and warnings.

Suspension/Deactivation

If any terms or conditions are failed to be followed, the client risks service suspension or termination. GoPlay reserves the right to remove any account, without prior notice. If GoPlay deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.

Reactivation/Suspension

Incase of payment failure, suspension will took place in 24 hours (1 Day), make the payment for the subscribed server to reactivate the services within 30 days from the date of purchase. In case of any service violation or any late fees applicable, there must be some penalty or late fee charges to cover any administrative costs associated with the offence/violation/late submission of fees, as determined by GoPlay as well as remedy the violation.

Customer Account Security

A password and an account are provided to the Member upon completion of registration. The customer is entirely responsible for maintaining the confidentiality of the password and account.

• All consequences of voluntary disclosure of password and account information.
• Any activities that occur under the customer's account.

All services come with unmanaged support, which means, we will give support for hardware, network, and our system related issues only. Since services come under unmanaged support, the customer is solely responsible for the security and management of their data, including but not limited to personal information, financial details, bank accounts, and any other sensitive data. GoPlay shall not be held liable for any data breaches, loss, or unauthorized access resulting from the customer's failure to secure their gaming server environment.

Customer agrees to notify GoPlay immediately of any unauthorized use of the customer's account or any other breach of security known to the customer and GoPlay will take action accordingly.

In case of involving a third party in the communication line between the owner of gaming server & GoPlay, sharing your gaming server Account/credentials/renewal rights (informed/uninformed) with them, GoPlay would not be liable for any mishap, loss & compromise of Data.

Payments

(a) Recurring Fees

Renewal notices are emailed 7 days before the actual renewal date in your account. If you have a credit card or PayPal Subscription account will automatically be charged on your renewal. If your billing method is PayPal (One Time) you will need to manually pay your invoice every month. Service will be made inactive on accounts that are not paid by the 2nd day past due. The term "Account" describes all services provided to a customer as defined by the primary ownership email and physical address. GoPlay reserves the right to revoke this grace period if a pattern of late payment is observed. All orders made with a credit card are expected to work on the Monthly, Quarterly, Semi-Annual or Yearly date.

(b) Payment Terms

All payments made to GoPlay for gaming server services are final. By purchasing a gaming server service, the customer acknowledges and agrees that gaming server purchases are non-refundable once an order has been placed and service provisioning has begun. Customers are responsible for reviewing service specifications, billing cycles, and pricing before completing their purchase. Any cancellation resulting from a violation of these Terms of Service will not relieve the customer of any outstanding payment obligations.

(c) Credit/Debit card and your Address on File

When an order is placed with a credit/debit card, your card is stored on file and will automatically be charged every month, two days before your due date, unless you have submitted a gaming server cancellation request or removed your credit/debit card. For security purposes your address on file with us must match the address of your credit/debit card. If this address does not match, our payment gateway will not accept the transaction. If you have a credit card on file and the transaction is declined due to the address this transaction might show up as a pending charge but will not be processed through. If you have a debit card on file and the transaction is declined due to the address your bank will pull the money out of your account but this money will be refunded back to your account by your bank. It is recommended to always store a credit card on file instead of a debit card.

Cancellation

To cancel your service you must log in to your client area, and cancel your gaming server under products and services where applicable.

Immediate Cancellation

The service will be terminated as soon as the cancellation request is processed. Access to the server and associated data may be removed immediately.

End of Billing Cycle Cancellation

The service will remain active until the end of the current billing period. The service will not renew for the next billing cycle. The server and associated data may be permanently removed once the service expires.

Customers are responsible for creating and downloading any backups prior to cancellation. GoPlay is not responsible for any data loss resulting from a cancellation request.

We reserve the right to cancel any account at any time. Accounts in violation of the TOS will be suspended and all data removed without warning. We take the security of our customers very seriously. Customers may cancel at any time.

Refunds & Chargebacks

Gaming server hosting services provided by GoPlay are non-refundable. Customers may cancel their services at any time through the client area; however, cancellation does not entitle the customer to any refund, credit, reimbursement, or partial billing adjustment.

Customers seeking to resolve billing concerns should submit a billing ticket through the client area before initiating a payment dispute.

The customer agrees not to initiate a chargeback for services that have been provisioned or rendered. Unauthorized chargebacks may result in:

• Immediate suspension of services
• Account restrictions
• Administrative fees where applicable
• Collection activity where permitted by law

GoPlay reserves the right to dispute any chargeback with supporting service and billing records.

Refund Policy

Gaming server services are non-refundable. Once a gaming server has been provisioned and assigned to a customer account, the service is considered delivered and resources are allocated specifically for that customer.

GoPlay does not provide refunds, credits, reimbursements, or partial billing adjustments for:

• Service cancellations
• Unused service time
• Customer configuration issues
• Gameplay-related concerns
• Changes of mind
• Account inactivity
• Violations of the Terms of Service

Customers are encouraged to contact support for technical assistance whenever required. Our support team will make reasonable efforts to diagnose and resolve any service-related issues.

By purchasing any gaming server service from GoPlay, the customer acknowledges and agrees to this policy.

Dedicated/Gaming Server Resource Policy

Bandwidth:

Overage fees will apply to any service utilizing more than its assigned bandwidth allocation, except for those services advertised/sold as "UNMETERED". Overages will be calculated based on the overall amount of GigaBytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS will be calculated via the industry standard 95% method unless specified in contract otherwise. MRTG or other bandwidth reporting is available upon request for all services. The client is responsible for all usage, and any corresponding overage fees, that result from a service that may be hacked and/or flooding. GoPlay may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.

Port Usage:

Basic Dedicated & Co-Located servers are installed on 100MBPS unthrottled ports unless the service is sold as a specified port size (ie…100MBPS UNMETERED) or specified/requested as a capped port. GoPlay reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources and to prevent any large billing anomalies. This will generally not include short spikes in usage but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client's data transfer rate affects other GoPlay clientele, GoPlay reserves the right to throttle and/or disconnect the service causing such a problem.

Filtering:

GoPlay reserves the right to block/filter or throttle ports and/or ip address ranges, at its discretion. This may include, for example, blocking Port 6667 (IRC), denying access from a known-spamming IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, Donkey, etc…). This may also include giving priority to certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.

IP Addressing:

• If the service includes the allocation of an IP address the customer has no claim to a specific IP address. We reserve the right to change the customer's allocated IP address when critically needed
• Customers accept that we do not directly control the geographic location of any IP addresses. Although we make every effort to submit corrections to major geo-IP databases we provide absolutely no guarantees regarding the perceived geo-IP location of an IP address by third parties
• Requests for an IP address change due to incorrect geo-IP location must be made within 24 hours of the service welcome email being sent – requests received after this period will be rejected unless it can be specified exactly by the customer which geo-IP database is reflecting the incorrect location along with a URL to the out of date geo-IP database

Backups and Data Loss:

Your use of this service is at your sole risk. This service is provided to you as a courtesy. GoPlay is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on GoPlay servers.

Amendments

Customers agree to be bound by any amendments or modifications to this agreement that are set out, from time to time, by GoPlay anywhere on this site.

Modifications

GoPlay reserves all rights to modify or discontinue the service with or without notice to the customer. GoPlay shall not be liable to the customer or any third party should GoPlay exercise its right to modify or discontinue the service.

No Representations or Warranties

The service offered by GoPlay is on an "as is" basis, with no representations or warranties of any kind, expressed or implied. For greater certainty and without limitation to the generality of the following:

• GoPlay makes no representations, warranties or guarantees of any kind, whether written or verbal, regarding the reliability of the site provided or any other services offered;
• GoPlay is not responsible for deleted, altered, or lost data due to network or system outages, file corruption, accidental deletion, or any other reasons;
• GoPlay makes no representations, warranties, or guarantees with regard to server reliability, speed or consistency;
• GoPlay makes no representations, warranties or guarantees as to the accuracy or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information;
• GoPlay may also include, on its web resources or in newsletters, information provided by 3rd party partners and providers. GoPlay does not guarantee or warrant the reliability of this information nor does GoPlay recommend any of these services.

Limitations of Liability

You agree that neither the primary service provider nor the backend service provider will be liable for any:

• Suspension or loss of the services, except to the limited extent that a remedy is provided under this agreement.
• Interruption of business.
• Success delays or access interruptions to the websites provided through or by the services.
• Loss or liability resulting from acts of god.
• Data non-delivery, misdelivery, corruption, destruction, or other modification.
• Events beyond the control of the primary service provider or backend service provider.
• The processing of your application for the services.
• Loss or liability resulting from the unauthorized use or misuse of your account identifier or password.

You further agree that neither the primary service provider nor the backend service provider will be liable for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, regardless of whether or not either the primary service provider or backend service provider have been advised of the possibility of such damages. In no event shall the maximum aggregate liability of either the primary service provider or backend service provider exceed the total amount paid by you for the services for one month, but in no event greater than one hundred dollars ($100.00). Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, the liability of the primary service provider and/or backend service provider shall be limited to the maximum extent permitted by law.

Indemnity

You agree to release, indemnify, and hold the primary service provider and backend service provider, their contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees and court costs, for third party claims relating to your use of the services or arising under this agreement, including without limitation, infringement by you or someone else using your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any term or condition of this agreement. When either the primary service provider and/or backend service provider may be involved in a suit involving a third party which is related to the services under this agreement, either the primary service provider and/or backend service provider may seek written assurances from you in which you promise to indemnify and hold such parties harmless from the costs and liabilities described in this paragraph. Such written assurances may include the posting of performance bonds or other guarantees. Your failure to provide such assurances may be considered a breach of this agreement by you.

Termination

Should GoPlay terminate or discontinue a service for reasons not specifically covered under these Terms, GoPlay reserves the right to determine the appropriate resolution at its sole discretion.

Abusive Clientele

GoPlay may at its discretion suspend or terminate service of any client that is abusive/harassing to GoPlay and/or GoPlay employees. Examples of such activity include, but are not limited to;

• Verbal abuse – cursing, yelling, threatening, etc…
• Ongoing disregard for warnings or notices
• Consistent mistakes/errors/changes causing unnecessary workload
• Spamming GoPlay email addresses, ticket systems, or servers
• Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
• Consistent late payments or responses
• Issuing a chargeback/Dispute or bouncing a payment
• Continuous activation of problematic end-users
• Activity which affects the service(s) of other GoPlay clientele

Price Changes

GoPlay reserves the right to change/modify the recurring price for services at any time under circumstances such as making improvements to GoPlay that will benefit GoPlay and Clientele.

Changes to the TOS

We reserve the right to revise its policies at any time without notice although we will attempt to inform our customers should changes occur.

By agreeing with the TOS, you agree to have read, understood and agreed with the other legal documents listed on our website.

Last Updated: 1 June 2026