Immersive Game Hosting
Terms of Service

"Dedicated to Alternate Reality Gaming"

1. ENGAGEMENT. The party requesting hosting services (hereafter referred to as Company) hereby engages and hires TOPPSoft Computer Solutions, Inc. d/b/a deaddrop.us (hereafter referred to as Deaddrop) to provide Internet Website hosting service (hereafter referred to as Hosting) for the purpose of providing online, recreational gaming.

2. DESCRIPTION OF SERVICE. Deaddrop offers advertising-free website hosting, subject to the following Terms of Service (hereafter referred to as TOS). Said hosting services include data storage for website content, bandwidth for public access to website content, and a message forum. These services are provided "AS IS" and "AS AVAILABLE" and Deaddrop assumes no responsibility for the timeliness, deletion, misdelivery or failure to store or deliver any content. Hosting is provided without warranty, express or implied.

Hosting by Deaddrop is intended specifically to support Alternate Reality Games (also known as Immersive Games or Immersive Campaigns) and for puzzle games. Said games must be made available to the general public free of charge. Hosting is currently available on a shared domain server with access to the Internet via a T1 circuit that is also a shared resource. A typical structure of the URI to access Company's content would be http://deaddrop.us/company. Company is welcome to mask the URI and redirect from Company's domain.

Although Deaddrop currently experiences a high level of availability to the public, other clients and/or websites colocated with Deaddrop may occasionally constrain availability of resources to Deaddrop's Hosting resulting in intermittent loss of service beyond the control of Deaddrop.

Message forums located at http://www.deaddrop.us/modules.php?name=Forums are available for players and Company in support of ongoing efforts. This message forum, and the http://deaddrop.us website usage are subject to additional Terms of Service.

Deaddrop does not claim ownership of Content provided by Company. However, Company grants Deaddrop a world-wide, royalty free, and non-exclusive license to republish said Content for promotional and non-commercial purposes. Message forum Content is subject to the TOS for that particular area of the site.

3. OBLIGATIONS OF DEADDROP. Deaddrop agrees to provide Hosting for Company. Deaddrop may periodically, without prior notice, limit access to website content and/or the message forums to maintain the integrity and accessibility of the Deaddrop website. Content received from Company is typically posted within 24 hours of receipt by Deaddrop.

Deaddrop does not pre-screen Content. However, Deaddrop shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via Hosting. Without limiting the foregoing, Deaddrop shall have the right to remove any Content that violates the TOS or is otherwise objectionable. Company agrees to evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

4. OBLIGATIONS OF COMPANY. Company is responsible for obtaining access to the Hosting and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Content must be provided to Deaddrop by email. Multiple file submissions should be packaged into a zip file or a tarball.

All games Hosted with Deaddrop must be made available to the general public free of charge. Company may offer additional merchandise or fee-based services provided those services are optional and not necessary to participate in the game. Company is not precluded from offering in-game clues, hints or content to players via paid methods provided the same clues, hints or content are reasonably accessible at no charge. Company agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Hosting, use of Hosting, or access to Hosting.

5. INDEMNITY. You agree to indemnify and hold Deaddrop, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through Hosting, Company's use of Hosting, connection to Hosting, violation of the TOS, or violation of any rights of another.

6. TERM OF CONTRACT. Contract will continue for the duration of the game or until terminated by either party.

7. AGREEMENTS OUTSIDE OF CONTRACT. This contract contains the complete agreement between the parties and shall as of the effective date hereof supersede all other agreements between the parties. The parties hereto agree that neither of them has made any representation with respect to the subject matter of this agreement or any other representation, including the execution and delivery hereof, except such representations as are specifically set forth herein, and each of the parties hereto acknowledge that it has relied on its own judgment in entering into this agreement. The parties further acknowledge that any payments or representations that may have heretofore been made by either of them to the other are of no effect and that neither of them has relied thereon in connection with its dealings with the other.

8. MODIFICATION OF CONTRACT. No waiver or modification of this agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence of any proceeding, arbitration or litigation between the parties hereto arising out of or affecting this agreement, or the obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this section may not be waived except as herein set forth.

9. TERMINATION. This agreement may be terminated without cause by either party.

10. SETTLEMENT OF DISPUTES. Should it become necessary for Deaddrop to employ an attorney or outside collectors to enforce collection of any amounts due, Company agrees to pay reasonable attorney fees and costs of collection. Trial by jury is waived.

11. CHOICE OF LAW. It is the intention of the parties hereto that this agreement and the performance hereunder and all suits and special proceedings hereunder be construed in accordance with and under and pursuant to the laws of the State of Florida; and in any action, special proceeding, or other proceeding that may be brought arising out of, in connection with, or by reason of, this agreement, the laws of the State of Florida shall be applicable and shall govern to the exclusion of the law of any other forum without regard to the jurisdiction in which any action or special proceeding may be instituted. Execution of this contract and performance of its obligations by Company constitutes doing business in Florida for purposes of long-arm jurisdiction. Venue for any action arising hereunder shall be solely in Hillsborough County, Florida.

12. NOTICE. Any notice required or permitted to be given under this agreement shall be sufficient if sent to either party's registered email address.