| Read through the following agreement and click "Agree" to proceed or "Disagree" to abort the Account Creation process.
Welcome to eFusion MMOG and SD Enternet's massively multi-player on-line strategy game, Navy Field. ("Navy Field").
Access to Navy Field is available only to download of a software license in the Navy Field game, which is subject to an End User License Agreement in the game software.
1. Establishment of Your Navy Field Account.
You may establish one (1) user account ("Account") with which to play Navy Field by accessing eFusion MMOG's proprietary on-line service ("Service"), pursuant to the terms, conditions and restrictions contained in this Agreement.
In order to establish an Account, you must be a 'Natural Person,' who is over the age of twelve (12) years old or the age of majority in the country where you are a citizen.
Corporations, Limited Liability Companies, partnerships, or any other form of legal entity other than that of a "natural person" may not establish an account, and by accepting this Agreement, you hereby represent and warrant meet these eligibility requirements. You may not share your Account with anyone, except that if you are a parent or guardian, you may permit one (1) minor child to use the Account instead of you (in which case you may not use that Account at the same time). You are liable for all activities conducted through the Account, including any activities which may be conducted by your minor children that you allow to use your Account.
This information is used to identify you as a "unique user" of Navy Field.
As such, it is imperative that you provide eFusion MMOG with accurate, up to date information. In the event that eFusion MMOG learns that you have provided false or misleading registration information, eFusion MMOG reserves the right to immediately terminate your Account.
Your Account may be suspended for non-payment, and you may be responsible for any and all bank or service charges incurred in connection with payment of charges to your Account, and for any costs of collection including reasonable attorney's fees.
During the registration process, you will be required to select a user name and a password that are specific to your Account.
Your Password is to be kept confidential at all times and you are solely responsible for the security of your Password and your Account.
You may not disclose your Password to anyone, or allow your Password to be used by any one beside yourself or your one (1) minor child to play the Navy Field.
Any damage or harm that may result to your Account, or to the Navy Field, due to lost or deleted characters due to your disclosure of your Password, or due to the discovery of your Password by a third party, is your sole responsibility.
eFusion MMOG does not recognize the transfer of Accounts between individuals.
2. Limitations on Your Use of Navy Field.
Your license to use Navy Field is limited by a number of factors which are listed here, and which are contained in the Navy Field End User License Agreement which you were required to accept when you make a Navy Field account.
Limitations on your right to use Navy Field may include, but not necessarily be limited to, the following:
eFusion MMOG and SD Enternet expressly reserves the exclusive right to create derivative works based on Navy Field.
This means that you may not create derivative works based on Navy FIeld, without the prior express, written permission of eFusion MMOG and SD Enternet!
Only SD Enternet or its licensees have the right to host Navy Field.
Accordingly, you may not host, provide matchmaking services for, or emulate or redirect the communication protocols used by eFusion MMOG as part of Navy Field, regardless of the method used to do so.
Such prohibited methods may include, but are not limited to, protocol emulation, tunneling, reverse engineering, modifying Navy Field, adding components to Navy Field, or using a utility program to host Navy Field.
You may not modify Navy Field to change game play, including, but not limited to, the creation of cheats and/or hacks, nor may you use any third-party software which is running at the same time as Navy Field that accesses files which are part of Navy Field, for any reason whatsoever.
Additionally, you may not utilize any "packet sniffing" software, regardless of the operating system utilized by such software and regardless of whether or not such tools are running on the same computer as the Navy Field software or any computer connected to the Navy Field software or its network, or otherwise monitor Navy Field's network connection while you or anyone else is playing Navy Field.
You may not institute an attack upon a Navy Field server or otherwise deliberately attempt to disrupt Navy Field servers.
You may not institute any such attack which results in the disruption of any other player's Navy Field software.
ANY ATTEMPT BY YOU OR ANY OTHER PLAYER ON AN ACCOUNT TRACEABLE TO YOU TO DELIBERATELY DAMAGE NAVY FIELD OR UNDERMINE THE LEGITIMATE OPERATION OF NAVY FIELD IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, EFUSION MMOG RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
You may not, whether intentionally or unintentionally, violate any applicable local, state, national or international law or regulation.
You may not modify any files which eFusion MMOG does not specifically authorize you to modify.
You may not remove, alter or conceal any proprietary notices or labels on Navy Field without the prior consent, in writing, of eFusion MMOG.
You may not exploit Navy Field for any commercial purpose, including, but not limited to, performing "power leveling" services to other users of Navy Field for "real" money.
3. Navy Field Rules of Conduct.
As with all things, Navy Field is governed by certain rules of conduct that must be adhered to by all users of Navy Field.
It is your responsibility to know, understand and abide by these rules of conduct. The following rules are not meant to be "exhaustive," and eFusion MMOG reserves the right to determine what conduct it considers to be outside the spirit of the game and to take such disciplinary measures as it sees fit.
4. Rules Related to User Names.
Each user will select a user name for his or her character.
Additionally, users may form "clans" and such clans will be required to choose a name for the clan. When you choose a user name, create a clan, or otherwise create a label that can be seen by other players of Navy Field, you must abide by the following guidelines as well as the rules of common decency.
If eFusion MMOG, in its sole discretion, finds such a label to be offensive, it reserves the right to change the name, remove the label and corresponding chat room, and/or suspend your use of Navy Field. In particular, you may not use:
1. Names of another person with the intent to impersonate that person;
2. Names which incorporate 'swear' words or which are otherwise offensive, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable;
3. Names subject to the rights of any other person without authorization;
4. Names of popular culture or media personalities;
5. Names that are trademarks, or registered trademarks of eFusion MMOG or other companies);
6. Names of religious deities or figures;
7. Names of characters from eFusion MMOG's Navy Field products, including character names from the Navy Field series of novels; or
8. Names related to drugs, narcotics, or criminal activity, including references to drug substances; or
9. Name comprised of partial or complete sentences (e.g., "Kickyouout", "Ihateyou", etc);
10. Names comprised of pure gibberish (e.g., "Asdfasdf", "Jifms", "Hvlldrm");
11. Names that refer to pop culture icons or personas (e.g. "Britneyspears", "iPod", "Batman") 12. Name that incorporate titles. The term "Titles" as used herein shall include 'rank' titles (e.g., "CorporalTed," or "GeneralVlad") and/or fantasy titles (e.g., "KingMike", "LordSanchez")
Additionally, you may not use a misspelling or an alternative spelling to circumvent the name restrictions listed above, nor can you have a "first" and "last" name that, when combined, violate the above name restrictions.
5. Rules Related to "Chat" and Interaction With Other Users.
Communicating with other Users and eFusion MMOG representatives is an integral part Navy Field and is referred to in this document as "Chat."
Your Chats may be subject to review, modification, and deletion without notice by eFusion MMOG.
Additionally, you hereby acknowledge that eFusion MMOG is under no obligation to monitor Chat and you engage in Chat at your own risk.
When engaging in Chat in Navy Field, or otherwise utilizing Navy Field, you may not:
(i) Transmit or post sexually explicit images or other content or language which in the sole discretion of eFusion MMOG is deemed to be offensive; nor shall you transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable content or language, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
(ii) Carry out any action with a disruptive effect, such as cause the Chat screen to "scroll" faster than other users are able to type to it, including setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;
(iii) Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users, individuals or entities, including, but not limited to, posting "Spam" messages on Navy Field ("Spam" messages as used in this document include, but are not limited to, any effort to use a computer or other electronic device to post an unauthorized and/or unsolicited advertisement to Navy Field);
(iv) "Spam" by posting or sending more than one unsolicited message or piece of mail to a single address or in a chat area;
(v) Communicate or post any user's personal information in or on the Navy Field, or websites or forums related to Navy Field;
(vi) Use bots or other automated techniques to collect information or communicate or post any user's personal information in or on Navy Field, or websites or forums related to Navy Field or eFusion MMOG.
(vii) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to another user of Navy Field or other person or entity; or
(viii) Cheat during game play, including but not limited to modification of the game program files.
(ix) Participate in any action that, in the opinion of eFusion MMOG results in an authorized user of Navy Field being "scammed" or "defrauded" out of gold, weapons, armor, or any other items that he/she has earned through authorized game play in Navy Field.
6. Rules Related to Game Play.
Game play is what Navy Field is all about. Accordingly, the rules that govern game play in Navy Field are taken very seriously by eFusion MMOG.
(i) You may not use or "exploit" errors in design, features which have not been documented, and/or "program bugs" to gain access that is otherwise not available, or to obtain a competitive advantage over other players.
(ii) All connections to Navy Field, whether created by the eFusion MMOG software products or by other tools and utilities, may only be made through methods and means expressly approved by eFusion MMOG. Under no circumstances may you connect, or create tools that allow you to connect, to Navy Field's private binary interface or interfaces other than those explicitly provided by eFusion MMOG for your use.
(iii) You may not use any tools which hack or alter the Navy Field client or server software.
(iv) You may not use software products which "packet sniff" or provide scripting and/or macroing to obtain information from Navy Field to gain a competitive advantage over other players.
(v) You may not do anything that eFusion MMOG considers contrary to the "essence" of Navy Field.
7. Account/Password Security.
You are responsible for maintaining the confidentiality of your Password, and you will be responsible for all uses of your Password, whether or not authorized by you. Also, note that the security of your account is your responsibility.
eFusion MMOG is not responsible in the event that your account is "hacked," or if your account or computer is damaged by a virus, or for any other issues with your computer or your account which may occur in conjunction with your use of Navy Field.
If you think that your account has been compromised, please contact Navy Field Technical Support, either through our Team N.F or by sending email to eFusion MMOG Technical Support, and eFusion MMOG will make an effort to assist you in recovering the security of your account. This includes helping to reset passwords, helping with billing issues, and offering basic suggestions for improving your account security. If you report your account stolen, hacked, or in any other way compromised, eFusion MMOG will suspend the account while we fully investigate the matter.
Following this investigation, eFusion MMOG will determine the appropriate course of action.
8. Consequences of Violating the eFusion MMOG Code of Conduct.
eFusion MMOG, in its sole discretion, reserves the right to take whatever action it deems necessary to preserve the integrity of Navy Field. Violation of any of the terms and conditions set forth above may result in actions being taken by eFusion MMOG, effective immediately or at a time determined by eFusion MMOG, which may include, but not be limited to the following:
(i) eFusion MMOG may temporarily suspend your access to Navy Field,
(ii) eFusion MMOG may permanently terminate your access Navy Field, and/or
(iii) in the event that eFusion MMOG is contacted by governmental authorities and/or parties seeking information or legal redress against you for a violation committed by you or alleged to have been committed by you involving your use of Navy Field, eFusion MMOG will cooperate fully with all governmental authorities and any lawful orders of the court with regard to the release of information that relates to you and your use of Navy Field, including but not limited to user Internet Protocol (IP) addresses, associated personal information and all other user information on file.
9. Experience Reimbursement.
First and foremost, nothing in these rules will ever place a "duty" upon eFusion MMOG to reimburse you by providing experience credit for any experience lost for any reason. That being said, eFusion MMOG may, at its sole option, determine to reimburse experience lost by players in certain extreme and unusual situations.
For instance, eFusion MMOG may decide to reimburse experience lost in the event of a catastrophic server failure.
But remember that it is completely up to eFusion MMOG to determine which situations would justify experience reimbursement.
In no event is eFusion MMOG obligated to provide any monetary reimbursement or monetary credit.
10. Online Duration. eFusion MMOG agrees to provide the servers and software technology necessary to access the Service for the "on-line" component of Navy Field until such time as Navy Field is "Out of Publication." Navy Field shall be considered "Out of Publication" following the date that Navy Field is no longer manufactured and/or distributed by eFusion MMOG, or its affiliates. Thereafter, eFusion MMOG may, in its sole discretion, continue to provide the service or eFusion MMOG may license to third parties the right to provide the Service.
However, nothing contained herein shall be construed so as to place an obligation upon eFusion MMOG to provide the Service beyond the time that Navy Field is Out of Publication.
Neither the Service nor eFusion MMOG's agreement to provide access to the Service shall be considered a rental or lease of time on or capacity of eFusion MMOG's servers or other technology.
If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you may cease to use your Navy Field account and terminate the account.
The continued use of Navy Field by you following notice of changes to this Agreement will mean you accept any and all such changes.
eFusion MMOG may change, modify, suspend, or discontinue any aspect of Navy Field at any time. eFusion MMOG may also impose limits on certain features or restrict your access to parts or all of Navy Field without notice or liability.
This Agreement is effective until terminated by either party.
You hereby acknowledge that:
You assume the cost of all telephone charges and necessary equipment, servicing, repair or correction for connecting to Navy Field;
As part of your registration process and in consideration for the privilege of accessing Navy Field, eFusion MMOG has the right to send your computer one or more "cookies" without any further notice to you, and eFusion MMOG has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes without any further notice to you;
eFusion MMOG has the right to obtain "non-personal" data from your connection to Navy Field in order to make certain demographic assumptions regarding the users of Navy Field without any further notice to you;
In order to assist eFusion MMOG to police users who may use "hacks," or "cheats" to gain an advantage over other players, you acknowledge that eFusion MMOG shall have the right to obtain certain information from your computer and its component parts, including your computer's random access memory, video card, central processing unit, etc. This information will only be used for the purpose of identifying "cheaters," and for no other reason.
Navy Field is provided "as is" and eFusion MMOG does not warrant that Navy Field will be uninterrupted or error-free, that defects will be corrected, or that this site and/or service or the server are free of viruses or other harmful components, and eFusion MMOG expressly disclaims all express or implied warranties with respect to Navy Field, including without limitation any warranties of its condition, defects, use, merchantability or fitness for any particular purpose or use, and non-infringement.
The use of any "user interface" other than the user interface that is included in the Navy Field Software ("Third Party User Interface") is not recommended by eFusion MMOG, and you hereby agree and acknowledge that you shall be solely liable for any damage which may occur to your Account, your computer(s), the Service, or any other damage that may result related to your use of a Third Party User Interface.
ALSO, NEITHER EFUSION MMOG NOR ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES SHALL BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE INCLUDING, BUT NOT LIMITED TO ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL LICENSOR BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES.
You may not be able to access Navy Field whenever you want, and there may be extended periods of time where you cannot access Navy Field;
eFusion MMOG shall not be held liable for any delay or failure to perform resulting from causes outside the reasonable control of eFusion MMOG; including, but not necessarily limited to any failure to perform hereunder due to unforeseen circumstances or cause beyond eFusion MMOG's control, including but not limited to acts of God, war, riot, embargoes; acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
While keeping Game Data safe is a priority of eFusion MMOG, note that eFusion MMOG shall not have any liability for the loss of any Game Data for any reason whatsoever, including but not limited to server failure, telephonic or network interruptions of any kind, defects, viruses or other harmful components, or negligent acts of eFusion MMOG and/or its affiliates;
eFusion MMOG reserves the right, in its sole discretion, to modify or delete any information, including but not limited to Game Data and any other information accumulated, stored or uploaded on Navy Field;
You are entirely liable for all activities conducted through your Navy Field account, and are responsible for ensuring that any other person who uses your Navy Field account is aware of the terms of this Agreement and complies with this Agreement. In the event that you become aware of any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password, you will notify eFusion MMOG by e-mailing NavyField@gmail.com to report the suspected breach of security related to your Navy Field account immediately;
eFusion MMOG will have no liability for any circumstances arising from the unauthorized use of a User Name, user's password or user's Navy Field account. Any fraudulent, abusive, or otherwise illegal activity involving your Navy Field account may be reported to appropriate law-enforcement agencies by eFusion MMOG. The terms of this Agreement shall extend to anyone that you allow to use your Navy Field account, User Name, or player ship(s), and you are personally responsible and liable for the consequences that may result if any such person violates the terms of the Agreement, including but not limited to termination of your account, and loss of your User Name, characters, ships and sailors.
14. Equitable Remedies.
In the event that you breach this Agreement, you hereby agree that eFusion MMOG would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that eFusion MMOG shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as eFusion MMOG may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
© 2007 SD Enternet and eFusion MMOG. All rights reserved. Navy Field and eFusion MMOG and SD Enternet are trademarks or registered trademarks, of SD Enternet and eFusion MMOG in Germany and/or other countries. All rights are reserved.