iEntertainment Network Terms of Service Agreement
iEntertainment Network ("iEN", "Helbreath USA", "Savage Eden"
or "Service") consists of the online computing, information
services, products and other content provided by iEntertainment Network
and subject to the terms and conditions of this member agreement ("Agreement").
In addition, third parties provide services and context which may be accessed
over the Service and are bound by this Agreement ("ICPS"). This
Agreement constitutes the entire agreement between you as an authorized
user of iEN. By using iEN, you confirm your acceptance of, and agree to
be bound by, this agreement.
As an iEN
account holder, you are purchasing a license on a per-minute or other
limited time period basis, to access iEN services and play iEN's on-line
games. Such use of iEN software and that of its content providers does
not vest the user with any proprietary right to continued play or in accumulated
character attributes. This license is on an at-will basis, and may be
terminated by iEN at its sole discretion for violations of the terms of
continued access, including its prohibition against trading, buying or
selling accumulated character attributes or coinage for any form of real-life
compensation (i.e., things of value outside the context of the game),
and the posting of messages designed to induce others to engage in such
transactions.
These terms
are in place so that the fantasy aspect of our games remain unsoiled by
the real world. Please help us preserve the fantasy by adhering to this
policy, and by informing iEN of account holders who break, or attempt
to break, these rules. Thank you.
You ("Subscriber")
represent and warrant that you are at least 18 years of age and that
you possess the legal right and ability to enter into this agreement.
You agree to pay all charges incurred by your account in accordance
with the current rate schedule then in effect. This shall include any
purchases made through the Service. Subscriber shall pay all applicable
taxes relating to use of the Service. Subscriber shall be responsible
for all use of the Service accessed through Subscriber's password. Subscriber
shall maintain the security of your Subscriber identification, password
and other confidential information relating to your iEN account.
IEN does not offer refunds for registered accounts except in the following circumstances:
(1) if the account was opened fraudulently or (2) if the account was charged due to a billing error.
Either you or iEN may terminate your iEN membership at any time, with
or without cause, upon notice. iEN also reserves the right to terminate
or suspend your iEN membership without prior notice, but iEN will confirm
such termination or suspension by subsequent notice. Upon notice published
over the Service, iEN may modify this agreement, prices, and may discontinue
or revise any and all other aspects of the Service at its sole discretion
and without prior notice. You are responsible for reviewing information
posted by iEN that deals with pricing and services. Continued use of
iEN or non-termination of your membership after changes are posted constitutes
your acceptance of the modifications.
Payment of your iEN account balance is due monthly and must be made
by the credit card or debit card designated by you for iEN use or by
means of pre-payment by money order or check mailed to:
iEN Account Services
P.O.Box 3897
Cary, NC 27519
USA
Each time
you use iEN you agree and reaffirm that iEN is authorized to charge your
designated card. You agree that iEN may, at its option, either accumulate
charges until the end of the billing cycle or submit one or more aggregate
charges during the billing cycle.
You must
promptly notify iEN of changes to; a) the account number or expiration
date of your designated card or b) your billing address. You must notify
iEN if your card is canceled or if you become aware of a potential breach
of security, such as the unauthorized disclosure or use of your account
number and password.
iEN will provide you with an online statement of charges on your iEN
account approximately as and when such charges are incurred and/or paid.
Unless you notify iEN of any discrepancies or irregularities within
seventy-five (75) days after they first appear in your online account
statement, they will be deemed accepted by you for all purposes, including
resolution of inquiries made by your card issuer. YOU RELEASE iEN FROM
ALL LIABILITY AND CLAIM OF LOSS RESULTING FROM ANY ERROR OR DISCREPANCY
THAT IS NOT REPORTED TO iEN WITHIN SEVENTY-FIVE (75) DAYS OF ITS PUBLICATION
DATE.
iEN may, at its sole discretion and without notice to the member, (a)
suspend the Subscriber's and its designated users' access to and use
of the Service, or (b) terminate this agreement and Subscriber's and
its designated users' access to and the use of the Service without notice
upon rejection of any card charges or if your card issuer (or its agent
or affiliate) seeks return of payments previously made to iEN when iEN
believes you are liable for the charge. If any payment due hereunder
is not made by the member within thirty (30) days after the billing
date, late charges of one and one-half percent (1 1/2%) per month shall
be due and payable with respect to such payment or, if such rate is
in excess of the allowable rate, the maximum rate allowed by law. Any
charges incurred in the collection of delinquent accounts shall be passed
onto the subscriber. This includes a fee (in addition to the subscription amount) of $15 per chargeback that was incurred on the account.
You are responsible for your communications via iEN. You may not, under
any circumstances, do any of the following: (a) publish, post, distribute
or disseminate defamatory, infringing, obscene or other unlawful material
or information via iEN; (b) use iEN to threaten, harass, stalk, abuse,
or otherwise violate the legal rights (including rights of privacy and
publicity) of others; (c) intercept or attempt to intercept Email; (d)
upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy or publicity) unless you own
or control the rights thereto or have received all necessary consents;
(e) upload files that contain a virus or corrupted data; (f) delete
any author attributions, legal notices or proprietary designations or
labels in a file that you upload to a forum; (g) falsify the source
or origin of software or other material contained in a file that you
upload to a forum; (h) use iEN in a manner that adversely affects the
availability of its resources to other Subscribers; (i) send Email to
Subscribers for any purpose other than personal communication, including
to advertise or offer to sell goods or services to other Subscribers
; (j) download a file that you know (or reasonably should know) cannot
be legally distributed via iEN (a file may have been uploaded notwithstanding
such illegality); or (k) act, or fail to act, in your use of iEN, in
a manner that is contrary to applicable law or regulation. Your failure
to observe any of the foregoing limitations may result in civil or criminal
liability, as well as termination of your membership.
Subscribers are expressly prohibited from engaging in any activity that
constitutes, in the sole opinion of iEN, system abuse. System abuse
shall include, but is not limited to, attempts to circumvent subscriber
authentication or security of any host, network, or account ("cracking");
attempts to interfere with or deny service to any subscriber or any
host; furnishing false data on the signup form or via on-line application,
including fraudulent use of credit card numbers; and any commercial
use of iEN accounts or services without the express written permission
of iEN.
iEntertainment Network games are restricted to human participation only.
The use of machines, computers, software, scripts or other automated
system to increase the ability to play the games are strictly prohibited.
Players are also restricted from playing the iEntertainment Network
games with more than one type, version or copy of a browsing software
application at any one time. Players are also restricted from using
multiple accounts to in any way increase their odds of winning. Any
violation of this rule will result in the registered players' immediate,
total and permanent disqualification from this and any future games
or other games or promotion available on iEntertainment Network sites.
The company can, in its sole discretion, determine that a registered
player has violated any of the rules or regulations and shall have no
obligation to award any prizes won by the registered player. All decisions
by the company are final and non-appealable.
Subscribers
expressly agree to use all of iEN's services only for lawful purposes.
Transmission or storage of any information, data or material in violation
of United States or state regulation or law or by the common law is prohibited,
including but not limited to, material protected by copyright, trademark,
trade secret, or any other statute.
Subscriber's
right to access the Service cannot be assigned, transferred or sublicensed.
iEN does not endorse or stand behind the accuracy, truthfulness or reliability
of any information (including statements of opinion or advice) provided
on or by means of iEN, other than information provided by authorized
iEN spokespersons. Statements made in forums, conferences and chats
reflect only the views of their authors. Neither forum managers nor
iEN developers are authorized iEN spokespersons, and their views do
not necessarily reflect those of iEN.
SUBSCRIBER AGREES THAT SERVICE IS PROVIDED "AS IS" WITHOUT
WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. NEITHER iEN, IT'S EMPLOYEES, LICENSERS, INFORMATION PROVIDERS,
SUBCONTRACTORS OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR FREE. NEITHER iEN, IT'S EMPLOYEES, LICENSERS, INFORMATION PROVIDERS,
SUBCONTRACTORS OR AGENTS WILL BE LIABLE TO THE SUBSCRIBER FOR ANY DAMAGES,
INCLUDING LOST PROFITS OR LOST SAVINGS OR OTHER INCIDENTAL OR CONSEQUENTIAL
DAMAGES, ARISING OUT OF ACCESS TO, OR INABILITY TO GAIN ACCESS TO, THE
SERVICE.
This agreement shall be governed by the laws of the State of North Carolina. Any cause of action of Subscriber with respect to the Service must be instituted in the State of North Carolina. Any cause of action of Subscriber or its designated users with respect to the Service must be instituted within one year after the claim or cause of action has arisen or be barred.
Indemnification. You agree to indemnify iEN from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims based upon use of your iEN account, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other Subscribers and infringement of intellectual property or other rights. iEN will notify you promptly of any claim for which iEN seeks indemnification and will afford you the opportunity to participate in the defense of such claim, provided that your participation will not be conducted in a manner prejudicial to iEN interests, as reasonably determined by iEN.
These terms and any other Operating Rules published over the Service shall constitute the entire and only agreement between iEN and Subscriber.
You agree that you have read iEN's Privacy Statement and Ratings Statement posted at this website.
If you wish to cancel an account, please email support@ient.com and enclose your full name and account name or number within the body of the message. Cancellations are processed as soon as possible and not held to the end of the billing cycle. The monthly membership fee and hourly usage fees are non-refundable.
IMPORTANT: You MUST be at least eighteen (18) years of age to subscribe to the service.
BILLING POLICY
Price Plans
Permitted forms of payment: Credit cards accepted: Visa, MasterCard and American Express are accepted. Prepayment: We will accept prepayment of charges in the form of a personal check, certified check, cashiers check, or money order. These must be in US funds. You must include your account name or number on the payment. Prepayment must be mailed to: iEN Account Services, P.O.Box 3897, Cary NC 27519. Billing cycle Subscribers are billed for their price plan charge in advance per billing cycle and are then billed at the end of the period based on hourly charges incurred in excess of their price plan. Charges accrue by the elapsed time in hourly charges areas.
Pricing and Billing Changes
iEN may modify the terms of service, the Operating Rules or prices, and may discontinue or revise any or all aspects of the Service at its sole discretion, but only upon notice published over the Service. No prior notice of the above changes by iEN is required, except as provided herein. However, with regards solely to increases in hourly fees, subscribers will have the opportunity to terminate service prior to incurring any higher hourly fees.
Suspension of Privileges
iEN reserves the right to suspend access to iEN for Subscriber's account(s) immediately, without Notice, upon rejection of any credit card charges, non-payment, dishonor or chargeback by Subscriber's bank of authorized charges or any other indication of credit problems, or for any reason whatsoever at iEN's sole discretion without recourse from Subscriber.
Termination by Subscriber
A Subscriber's access and use may be terminated at any time, and without cause, by the user or iEN. The user can terminate by unsubscribing in account maintenance, emailing support@ient.com or by sending written notice to:
iEN Account Services
P.O.Box 3897
Cary, NC 27519
USA
Subscriber is liable for any charges incurred by subscriber until the effective date of such termination which is either the date of the online termination or the date written notice is received from iEN. Subscribers will continue to be billed until they elect to terminate their account.
IEN does not offer refunds for registered accounts except in the following circumstances: (1) if the account was opened fraudulently or (2) if the account was charged due to a billing error.
Accounts that have been terminated due to violation of this Service Agreement will not be reactivated.
Additional Charges Returned Checks: $20.00 Service Fee. Accounts past due 30 days: 1.5 % interest fee per month.
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