EULA

[Ali]

from Round 16 signups page.. Jan 27, 2006

This agreement ( the Agreement ) describes the terms on which Simulation
Technologies Limited offers you access to an account (the Account) to play
the Planetarion online strategy game (the Game). By clicking the "Register"
button, you accept the terms and conditions below. If you have any questions
regarding these terms and conditions, please contact customer service at
support.com.

Please pay particular attention to section 18 - CHEATING

1. An Account is available to adults over 18 years of age or, in their
discretion, their minor child. If you are a minor, your parent(s) or
guardian(s) must complete the registration process, in which case they will
take full responsibility for all obligations under this Agreement. By
clicking the "Register" button you represent that you are an adult and are
either accepting this Agreement on behalf of yourself or your child. You may
not transfer or share your Account with anyone, except that if you are a
parent or guardian, you may permit one child to use the Account instead of
you (in which case you may not use that Account). You are only allowed to
play 1 Account, and you are not allowed to share your login info with
anyone. You are liable for all activities conducted through the Account, and
parents or guardians are liable for the activities of their child.
Corporations and other entities are not eligible to procure Accounts.

2. All fees are prepaid and non-refundable. By completing an order through
one of the implemented payment solutions, you authorise us to automatically
collect payment using your selected method of payment for the Account fee
plus any applicable taxes we are required to collect.

3. We may amend this Agreement at any time in our sole discretion.
Amendments shall be communicated to you at the time you log into your
Account. Such amendments shall be effective whenever we make the
notification available for your review.

4. During registration, you will be sent a password. You may not disclose
your password to any third party. We will never ask you for your password by
telephone or email or any other form of insecure communications, and you
should not disclose it this way if someone asks you to do so. Your web
browser may allow you to save your password so you do not have to remember
it, please note that third parties may be able to access your computer and
thus your Account. It is possible to request your password if you have
forgotten it on the login page by entering your email address. Disclosing your
password to 3rd parties is regarded as cheating (see section 18)

5. To play the Game, you must:
(a) Register for the Account
(b) Arrange payment for the Account (if you wish to play with upgraded
benefits)
(c) Have an Internet connection (which we do not provide) to access your
Account. In addition to any fees described herein, you are responsible for
paying all applicable taxes (including those we are not required to collect)
and for all hardware, software, service and other costs you incur to access
your Account. Neither this Agreement nor your Account entitles you to any
subsequent releases of the Game, or to any expansion packs or similar
ancillary products. You understand that we may update or otherwise enhance
the Game at any time and in doing so incur no obligation to furnish such
updates to you pursuant to this Agreement. If purchasing multiple Account
credits, these credits are valid for 1 year from purchase, and can be used
at any time during this time.

6. Subject to the terms of this Agreement, we hereby grant to you a
non-exclusive license to access the Game through your Account. You may not
copy, distribute, rent, lease, loan, modify or create derivative works,
adapt, translate, perform, display, sublicense or transfer any content of
the Game or your account. You may not copy any of the written materials
accompanying the Game or the other websites managed by Jolt Ltd.

7. We may terminate this Agreement (including your Account) immediately and
without notice if you breach this Agreement or repeatedly infringe any third
party intellectual property rights, or if we are unable to verify or
authenticate any information you provide to us, or violate this agreement.
Read and make sure you understand point 18 in this contract, as violations
to any of those points can and will result in Agreement termination. If we
terminate this Agreement under these circumstances, you will lose access to
your Account for the balance of any prepaid period without any refund. You
will however keep any credits you have left for future use.

8. You may not use our intellectual property rights contained in the Game or
the websites controlled by or on behalf of Simulation Technologies Limited,
to create or provide any other means through which the Game may be played by
others, such as through server emulators and bots. You may not take any
action which imposes an unreasonable or disproportionately large load on our
infrastructure. You may not access the Game or your Account through other
software than standard browsers, wap phones and alike, nor may you use
automated programs / bots / scripts to do so.

9. We and our suppliers shall retain ownership of all intellectual property
rights relating to or residing in the Game and websites controlled by or on
behalf of Simulation Technologies Limited. The Game is a commercial item.
All data stored on our servers are considered property of Simulation
Technologies Limited, and we may alter such data at any time.

10. To obtain an Account, you will be required to choose a login name,
planet name and a ruler name. While you are encouraged to use a pseudonym,
especially if you are a minor, you may not pick a name that violates
anyone's trademarks, publicity rights, other proprietary rights, or names
that can be found to be insulting. We will determine, in our sole
discretion, if a name is unsuitable, and may choose to rename your account
to a more suitable name, or delete the account.

11. As part of your Account, you can change or add content on our servers in
various forms, such as, but not limited to, the Galaxy Banner URL, messages,
discussion posts, planet name, ruler name, fleet names, (collectively, your
"Content"). Your Content shall not:
(a) Infringe any third party intellectual property, other proprietary or
publicity/privacy rights
(b) violate any law or regulation
(c) be defamatory, obscene, pornographic or harmful to minors
(d) contain any viruses, trojan horses, worms, time bombs, bots or other
computer programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or
personal information or to gain an advantage in the game. We may take any
action with respect to your Content and Account if we believe it may create
liability for us or may cause us to lose (in whole or in part) the services
of our ISPs or other suppliers. You hereby grant to us a worldwide,
perpetual, irrevocable, royalty-free, sublicenseable (through multiple
tiers) right to exercise all intellectual property rights, in any media now
known or not currently known, associated with your Content.

12. We provide the Account, the Game and all other related services "as is".
We and our suppliers expressly disclaim all warranties or conditions of any
kind, express, implied or statutory, including without limitation the
implied warranties of title, noninfringement, merchantability and fitness
for a particular purpose. Without limiting the foregoing, we do not ensure
continuous, error-free or secure operation of the Game or your Account. Some
states / countries do not allow the disclaimer of implied warranties, so the
foregoing disclaimer may not apply to you. This warranty gives you specific
legal rights and you may also have other legal rights which vary from region
to region.

We are not liable for any delay or failure to perform resulting from any
causes beyond our reasonable control. Further, we cannot and do not promise
or ensure that you will be able to access your Account whenever you want,
and there may be extended periods of time when you cannot access your
Account.

13. We cannot ensure that your private communications and other personally
identifiable information will not be disclosed to third parties. For
example, we may be required by law to disclose information to the government
or third parties under certain circumstances.

Should it be necessary, you authorise us to disclose your communications or
information as required by the law.

While taking appropriate precautions to protect payment information provided
during payment transactions, we expressly disclaim any and all
responsibility for the security of information passed between yourself and
our servers and the security of data on our servers.

By checking the relevant box during registration you agree that we may
communicate with you via email and any similar technology for any purpose
relating to the Game and any services or software which may in the future be
provided by us or on our behalf. Should you not check this box we may still
send you information directly pertaining to logging in to the "Account" as
required by you to partake of the game. In addition to this we reserve the right to communicate with you in an
unrestricted manner using in-game messaging systems.

Should you wish to unsubscribe from this service please email
support.com

14. You shall comply with all applicable laws regarding your access to your
Account and your playing of the Game.

15. This Agreement is governed in all respects by the laws of the United
Kingdom; as such laws are applied to agreements entered into and to be
performed entirely within the United Kingdom between UK residents. The UN
Convention on Contracts for the International Sale of Goods is expressly
disclaimed. Both parties submit to personal jurisdiction in London and
further agree that any cause of action relating to this Agreement shall be
brought in a court in London, England. If any provision of this Agreement is
held to be invalid or unenforceable, such provision shall be struck and the
remaining provisions shall be enforced. Our failure to act with respect to a
breach by you or others does not waive our right to act with respect to
subsequent or similar breaches. You may not assign or transfer this
Agreement or your rights hereunder, and any attempt to the contrary is void.
This Agreement sets forth the entire understanding and agreement between us
and you with respect to the subject matter hereof.

16. In no event shall we, our parent, our affiliates or our suppliers be
liable to you or to any third party for any lost profits or special,
incidental or consequential damages (however arising, including negligence)
arising out of or in connection with your account, the game, or this
agreement. Our liability to you or any third parties is limited to £5. Some
regions do not allow the foregoing limitations of liability, so they may not
apply to you.

17. All services hereunder are offered by Simulation Technologies Limited,
PO Box 3930, Bracknell, England, RG42 6DB. Current rates for using the Game
may be obtained from www.planetarion.com, and such rates are subject to
change at any time.

18. Cheating
This section presents the rules for playing the actual Game.

18.1. Farming:
Farming is illegal. The definitions of farming are, but are not limited to:
(a) Attacking a target with his/her consent to get his/her asteroids/ships
(b) Defending against someone who is attacking with their consent to steal
their ships.
(c) Abusing game features in order to gain excessive XP (e.g. roid farming)
(d) Doing either a, b or c by using multi-planets

18.2. Multiple Accounts / Account Sharing / Support Accounts:
Multi-ing, Account Sharing and Support Accounts are not allowed. The
definitions are, but are not limited to:
(a) A multi is a player who owns more than 1 planet.
(b) If you create another Account and intend to still play the original
Account, you are a multi.
(c) If you create another Account and use the old Account as a farm, you are
a multi and a farmer.
(d) If there is more than one user actively playing Planetarion from your IP
address, for example a friend or relative, this is fine. However, you must
register for an exception to be placed on your account to avoid being closed
This exception will limit the interaction that can take place between the
accounts and can be applied for on the preferences page in-game once signup
has been completed.
(e) Account sharing is when one player has control over more than one
Account during one round (i.e. has control over an Account that is not
theirs). This control could be via password sharing or via any form of
Trojan or Trojan like program.
(f) Support Accounts are accounts which are dedicated to undertaking specific
and repeated actions which result in an unfair benefit for a
planet/organisation, where an organisation is defined as an alliance or galaxy.

18.3. Bots
Bots are not permitted to be used to access the game. Bot use is defined as,
but not limited to:
(a) Using browser plug-ins that would make it easier for you to play the
game
(b) Accessing the pages with another program (for example to check if you
are under attack) ¿ see section 8.

18.4. Abuse
The definitions of abuse are, but are not limited to:
(a) Abuse is considered as anything offensive to another player or to an
admin.
(b) Abusive messages that are sent during the "heat of the moment" are still
not allowed.
(c) "The other player started it" is not an excuse.
(d) Spam messages sent using the in game message system will be regarded as abuse
(e) Depending on the circumstance, abuse will result in a warning or in
Account closure.
(f) If you are the target of abuse in the in game mail system, please do not
delete this mail. It should be reported using the Report to Admin¿ button
found at the bottom of each message.

18.5. Offensive galaxy pictures and/or galaxy/planet/ruler names
Planetarion is a game for players of all ages. Consideration should be given
to our younger players when registering galaxy/planet/ruler names and
posting galaxy pictures.
(a) Naked/semi-naked galaxy pictures are not allowed and will be removed at
an Admin's discretion.
(b) Racism and use of words and/or pictures likely to cause offence to
anybody in galaxy pictures and/or a galaxy/planet/ruler name is not allowed.
(c) You are also not allowed to have scripts in in-game system which will
gain you an advantage in the game, or disrupt any computer systems other
than your own.
18.6. Miscellaneous cheating
(a) Attempts to encourage other planets to break the rules will be considered
a breach of this agreement
(b) The transfer of accounts to other users is not permitted. Passing on your
login details to another user is not permitted, even if they are subsequently
the only user to access your account.
(c) As newer methods of cheating are discovered, you authorise us to interpret
all data logged about your account towards detecting these methods. Actions which
are deemed to be cheating are not restricted to the list given on this
EULA and may be added to at any time, and you authorise us to do so

18.7. Consequences of actions which are not allowed
(a) We reserve the right to determine how much evidence is required before action is taken
(b) Any such actions will result in a warning or closure (1) of your Account
depending on the case.
(c) If your Account is closed you will be sent an automated message briefly
stating the reason for the closure. If you wish to appeal against the
closure contact the multihunter team in #multihunters. Upon completion of
this appeal the decision to close the Account will be reviewed and one of a
number of actions may result including but not limited to re-opening,
deletion or other various punitive measures (2).
(d) Accounts are automatically deleted and will be unrecoverable after 10
days of closure.
(e) An Admin does not need concrete evidence of an offence in order to
punish you, he/she just needs to have significant evidence to convince a
normal person that an offence has been committed ¿ evidence is deemed to be
anything logged by the Planetarion game server ¿ IRC logs cannot be used as
evidence, but can be used to add context to a case.

(1) Account closure means it will not be possible to log into the account,
fleets and covert operations cannot be directed at a closed Account. Upon
closing all outgoing fleets will be automatically recalled, closed Accounts
keep ticking (gaining resources, auto adjusting stealth/alert levels, etc)
with the rest of the universe.
(2) Various punitive measures imply that the punishment is completely at the
discretion of the Admins, it can vary from small score/ship/asteroid losses
to full account closures depending on the situation.

18.8. Evidence of Cheating
(a) Use of proxies and anonymizers.
(b) All interaction between accounts in the presence of other evidence
(c) More than one account using the same IP
(d) Any logged Account behaviour which appears to demonstrate a form of
farming.
(e) Shared registration information or preferences options from accounts in
the presence of other evidence.
(f) False signup information will result in immediate closure.
(g) IRC logs can be used as evidence if they are supported by other evidence
(h) Potential evidence of cheating does not always mean your Account will be
closed, if you feel you are doing something which may be regarded as
cheating which is not covered by the in-game exceptions system on the preferences
page, please register to be considered for an exception by emailing
[email protected].

19. Inactivity
Planetarion is a real-time game that demands a certain amount of
participation. If your Account is not used in 7 days, it will be
automatically deleted. This can be avoided by upgrading to a paid Account.


Enjoy the game, and may the best Planetarian win!

The Planetarion Team