Solar Games Network — Terms of Service

Effective date: October 7, 2025
Contracting party: Solar Games Network (Cameron McFayden, operating as “Solar Games Network”, “SGN”)
Infrastructure provider: Xenolink Data Solutions (Cameron McFayden, operating as “Xenolink”) — infrastructure owner/operator and subcontractor to SGN.

By creating an account, ordering, or using SGN services (the “Services”), you (“Customer”) agree to these Terms. If you are entering into this agreement on behalf of a company, you represent that you have authority to bind that company.

1) Definitions

• Account — Your client portal/control panel account(s) with SGN.

• Services — Game server hosting and related services provided by SGN using Xenolink’s infrastructure.

• Content — Data, files, mods, plugins, configurations, logs, and other materials you upload, store, or process via the Services.

• SLA — The service level commitments in §10.

• AUP — Acceptable Use Policy in §11.

2) Agreement, Changes

2.1 Binding contract. These Terms form a binding agreement between you and SGN.
2.2 Updates. We may update these Terms. We will post changes to the client area and/or the TOS page and, for material changes that negatively impact you, provide at least 30 days’ notice where practicable. Continued use after the effective date constitutes acceptance.
2.3 Inconsistencies. If these Terms conflict with an order form or policy linked here, the order form controls, then these Terms, then policies.

3) Corporate Structure & Service Delivery

3.1 Who does what. SGN provides customer-facing Services and support. Xenolink owns and/or operates the underlying infrastructure (servers, network, data center facilities) and acts as SGN’s subcontractor.
3.2 Continuity if incorporated. If Xenolink is incorporated or reorganized, your Services continue under §24 (Assignment) without interruption.
3.3 No transfer of ownership. Except as stated, nothing here transfers ownership of SGN or Xenolink IP to you.

4) Eligibility & Accounts

4.1 Age. Services are for users 18+, or 13–17 with verifiable parental/guardian consent. Accounts for persons under 13 are not permitted. You are responsible for compliance with local age restrictions.
4.2 Account security. You must keep credentials, API keys, and SFTP details confidential and promptly notify SGN of suspected compromise.
4.3 Accuracy. Provide accurate information and keep it up to date. We may suspend/terminate for fraud, abuse, or policy violations.

5) Orders, Term, Auto‑Renewal, Cancellation

5.1 Orders. You order Services through our storefront/client portal.
5.2 Term & auto‑renewal. Services renew automatically for successive periods equal to the initial term (e.g., monthly) unless cancelled before the renewal date.
5.3 Trials/beta. If offered, trials/beta features may be modified or discontinued at any time and are “as is.”
5.4 Cancellation. You may cancel at any time via the client portal; cancellation is effective at the end of the then-current term unless otherwise stated.
5.5 Provisioning window. We aim to provision within a reasonable time after payment; see §8 for remedies if we fail due to our fault.

6) Fees, Taxes, Billing

6.1 Fees & taxes. Fees are as posted at order; applicable taxes (e.g., HST) are additional.
6.2 Payment methods. You authorize us and our payment processors to charge your selected method on each renewal date.
6.3 Late/failed payment. We may suspend or terminate for non‑payment. Late fees and interest may apply where permitted by law.
6.4 Chargebacks. Filing a chargeback without first opening a good‑faith billing ticket may result in immediate suspension; you remain responsible for unpaid amounts.

7) Price Changes & Promotions

7.1 Price changes. We may change prices with notice prior to your next renewal.
7.2 Promotions. Promotional rates apply as stated and may not extend to renewals.

8) Refunds

8.1 General rule. All fees are non‑refundable once a service is provisioned, except where required by law or expressly stated for a product or promotion.
8.2 Failed provisioning. If we fail to provision due to our fault within a reasonable time, we may issue a pro‑rated credit or refund at our discretion.
8.3 SLA credits. Service credits under §10 are not refunds and have no cash value; they apply only to future invoices.

9) Service Levels, Maintenance & Credits (SLA)

9.1 Availability target. We will use commercially reasonable efforts to maintain 99.9% monthly availability of host nodes and the game panel, excluding maintenance and force majeure (§22).
9.2 Credits. If monthly availability falls below 99.9%, you may request a credit: 5% of the monthly fee for each additional full 0.5% below 99.9%, capped at 100% of the monthly fee. Submit within 30 days after month end via ticket with supporting details.
9.3 Scheduled maintenance. We may perform scheduled maintenance (aiming for off‑peak) with reasonable notice via the client area/status page; emergency maintenance may occur without prior notice.
9.4 Exclusions. Credits do not apply to: (i) breaches of the AUP; (ii) your misuse, mods/plugins/config changes; (iii) third‑party provider outages outside our reasonable control; (iv) DDoS beyond platform protections; (v) beta features; (vi) circumstances under §22.

10) Support

10.1 Hours & scope. 24/7 best‑effort support via ticket/email. Response times are not guaranteed; urgent incidents are prioritized as resources allow.
10.2 Limits. We do not provide custom mod/plugin coding, gameplay coaching, or OS‑level admin for self‑managed servers unless a paid add‑on states otherwise.
10.3 Escalation. Security incidents and widespread outages are escalated internally; updates are provided via ticket and/or status page where available.

11) Acceptable Use Policy (AUP)

11.1 Prohibited uses. You may not use the Services to: (a) violate law or third‑party rights; (b) infringe IP; (c) distribute malware; (d) perform or enable DDoS, port scanning, brute‑force attacks, or unauthorized access; (e) send unsolicited bulk messages; (f) run public VPN/proxy exit nodes; (g) host illegal content (including CSAM) or dox/harass; (h) evade network/abuse blocks; (i) mine cryptocurrency unless your plan allows it; (j) abuse resources (e.g., sustained CPU/RAM/disk IO beyond plan, inode abuse).
11.2 Network integrity. We may rate‑limit, filter, or block traffic to protect platform stability.
11.3 Law enforcement. We may preserve and disclose data as required by applicable law.

12) Your Content & Licenses

12.1 Ownership. You retain ownership of your Content.
12.2 License to operate. You grant SGN and Xenolink a worldwide, non‑exclusive, royalty‑free license to host, store, transmit, and process your Content solely to provide, secure, troubleshoot, and improve the Services.
12.3 Feedback. If you provide feedback, you grant SGN and Xenolink a perpetual, irrevocable, worldwide, royalty‑free license to use it without restriction.

13) Data, Backups & Retention

13.1 Your responsibility. Unless your plan explicitly includes backups, you are responsible for your own backups.
13.2 Provider backups. Any provider‑level backups are for disaster recovery and are not guaranteed for customer restores.
13.3 Suspension/termination. Upon suspension or termination, we may delete data at any time after 48 hours. Where feasible, we may retain copies for up to 7 days on a best‑effort basis without guarantee of restoration.
13.4 Legal holds. We may retain data as required by law or valid order.

14) Security & Shared Responsibility

14.1 Our role. SGN/Xenolink handle data center, network, and host node security and apply commercially reasonable safeguards.
14.2 Your role. You are responsible for server configuration, mods/plugins, in‑game and control‑panel permissions, admin accounts, and access keys.
14.3 Incidents. Report suspected incidents to solargamesstaff@gmail.com.

15) Subprocessors & Data Processing Agreement (DPA)

15.1 Subprocessors. We use Xenolink and third‑party providers (e.g., data centers, carriers, payment processors, support tools). A current list is available on request.
15.2 DPA. Where we process personal data on your behalf, a DPA is available upon request and forms part of these Terms when executed.

16) Copyright Complaints (DMCA / Canada Notice‑and‑Notice)

16.1 Notices. If you believe content hosted via our Services infringes your copyright, email a notice containing the elements required by the U.S. DMCA §512 or Canada’s notice‑and‑notice regime to solargamesstaff@gmail.com with subject “Copyright Notice.”
16.2 Actions. We may remove or disable access to alleged infringing content and, where applicable, notify the customer and accept counter‑notifications. Repeated infringement may result in termination.

17) Export Controls & Sanctions

17.1 Compliance. You represent that you are not located in, established in, or a resident of any embargoed or comprehensively sanctioned jurisdiction and are not a denied or restricted party. You will not use the Services for purposes prohibited by Canadian, U.S., or other applicable export laws.

18) Third‑Party Software & Mods

18.1 Third‑party components. Mods/plugins and third‑party software are subject to their own licenses; you are responsible for compliance.
18.2 Compatibility. We do not warrant plugin/mod compatibility after updates unless stated in a managed plan.

19) Suspension & Termination

19.1 For cause. We may suspend or terminate for AUP violations, non‑payment, legal risk, or to protect the platform.
19.2 Your termination. You may terminate per §5; fees remain owed for the current term.
19.3 Effect. Upon termination, your right to use the Services ends and data may be deleted per §13.

20) Disclaimers

20.1 AS IS. EXCEPT AS EXPRESSLY SET OUT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.
20.2 High‑risk use. The Services are not designed for life‑support, emergency, or other high‑risk uses.

21) Limitation of Liability

21.1 Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SGN AND XENOLINK’S TOTAL LIABILITY FOR ALL CLAIMS IN ANY 12‑MONTH PERIOD IS LIMITED TO THE AMOUNTS PAID BY YOU TO SGN FOR THE AFFECTED SERVICE IN THAT PERIOD.
21.2 Exclusion. NEITHER PARTY IS LIABLE FOR LOST PROFITS, REVENUE, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
21.3 Carve‑outs. Nothing excludes liability that cannot be excluded under applicable law.

22) Indemnity

You agree to defend, indemnify, and hold harmless SGN, Xenolink, and their personnel from claims arising out of your Content or your use of the Services in violation of these Terms or law.

23) Force Majeure

Neither party is liable for delays or failures due to events beyond reasonable control, including carrier failures, large‑scale DDoS, power outages, labor disputes, acts of government, or natural disasters.

24) Assignment; Corporate Changes

You may not assign these Terms without SGN’s consent. SGN may assign to Xenolink, its successor, or an acquirer as part of a reorganization, merger, or sale of assets, with notice to you.

25) Governing Law; Venue; Language

These Terms are governed by the laws of Ontario, Canada, without regard to conflicts of law. The parties submit to the exclusive jurisdiction of the courts located in Thunder Bay, Ontario. The English version controls.

26) Notices

Legal notices to SGN: solargamesstaff@gmail.com (subject: “Legal Notice”). You agree that account‑level communications may be provided via email or the client area.

27) General

Entire agreement. These Terms (and incorporated policies) are the entire agreement. Severability. If any provision is unenforceable, the remainder remains in effect. No waiver. A failure to enforce is not a waiver. Independent contractors. The parties are independent; no partnership or agency is created. Survival. §§8–9, 11–13, 15–17, 20–27 survive termination.