Terms of Service

TangoServers

Terms of Service

Effective On: 6/1/2015
Last Updated: 5/7/2015


I. Definitions

A. TangoServers LLC are the content owners, publishers, and operators of TangoServers.net. Within these 'Terms of Service' TangoServers will be referred to commonly in first-person pronouns such as but not limited to 'us, we, ours, our, ourselves, etc'. We also may refer to ourselves as the 'COMPANY, LLC, NETWORK, ORGANZIATION, etc' or TangoServers.net as the 'SITE, WEBSITE, etc'.

B. In these 'Terms of Service' TangoServers will refer to our customers and clients as 'you, the user, the client, etc' and your services as 'yours, services, servers, plans, etc'. Throughout these 'Terms of Service' when referring to our clients we will use clear-cut second-person pronouns.

C. If a definition or definitions are unclear or unclassified the majority of these 'Terms of Service' will refer to the parties of our company and you as the user visiting, purchasing, or receiving services from TangoServers.net. For further clarification, you are welcome to open a support ticket.

II. General Terms

A. The terms listed within this Terms of Service apply to all visitors, members, staff, clients, etc which utilize this site. By visiting our website you are agreeing in session to our terms of service, noting that our policies and procedures apply to you as the visitor. You will not be asked to officially accept our terms of service, through the e-sign act, unless/until you purchase a service, product, etc from TangoServers LLC.

1. TangoServers is in compliance with the Electronic Signatures in Global and National Commerce Act(E-Sign Act). Once you have accepted our terms of service officially during an order, you can 'withdraw' your consent and observance of our policies by using Contact Us.

2. TangoServers may periodically update our Terms of Service (ToS). Always check for the 'Last Updated' date at the top of this page. Effectively, we will put any new updates in effect at minimal 15 days after this page is 'Last Updated', therefore the Effective Date will change accordingly. If there is any confusion please ask us via Contact Us.

B. During registration and purchase of products and services on our website, you will be asked to accept our Terms of Service. It is expected that you as the client are familiar with our websites policies and have accepted the terms before purchase. Once your order has been processed, we will assume you have read through our ToS and understand the expectations and terms of service for you as our client.

1. These Terms of Service differentiate from our Privacy Policy and Acceptable Use Policy. The purpose of our Terms of Service is to educate you as the client what TangoServers is expected to do as your hosting provider, what you can expect as our client, and what is expected of you as the client. The purpose of the Terms of Service is not to state what you are authorized to do as a client, for more information on what you can and cannot do with your service, review our Acceptable Use Policy.

2. The Privacy Policy and Acceptable Use Policy have different purposes than this Terms of Service. Respectively, the Privacy Policy will state how your personal information is protected as our client, and the Acceptable Use Policy is in effect to state what you are authorized to do with your product and or service that will not be considered abuse. Each policy is written with a different purpose though should comply with each other. Note that some sections may overlap; for any questions or confusions use our Contact Us feature.

3. When you officially accept our Terms of Service, you are also accepting to our 'Privacy Policy' and 'Acceptable Use Policy'. Instead of expecting our clients to accept each policy separately, the Terms of Service will bind each policy together in acceptance. This is used to simply ordering services from TangoServersLLC. You are the client/customer are expected to comply with all three policies, you agree to all policies when accepting our Terms of Service.

C. For those who do not agree to our Terms of Service, you may not use TangoServers.net, our servers, or other services. We request that you immediately exit our website and do not return unless you agree with the Terms of Service laid forth. This is to protect us as a company, and you as the user. If there is any confusion on this policy, please use Contact Us.

III. Limited Liability

A. IN NO EVENT WILL TANGOSERVERSLLC (STAFF, LICENSORS, EMPLOYEES, ASSOCIATES, SUPPLIERS, RESELLERS, UPHOSTS, DATACENTERS, ETC) BE LIABLE FOR YOU, AS THE CLIENT. WE ARE NOT LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) WHICH ARISE FROM THE USE OR INABILITY TO USE A SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE.

B. IN NO EVENT IS TANGOSERVERS AT ANY FAULT OR LIABILITY FOR THE MAXIMUM TOTAL AGGREGATE FOR DAMAGES THAT EXCEED THE TOTAL FEES PAID BY YOU, THE CLIENT, FOR A PRODUCT OR SERVICE OF A PERIOD UP TO (1) ONE MONTH. DUE TO SOME JURISDICTIONS PROHIBITING THE RIGHT TO EXCLUDE OR UTILIZE THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU AS THE CUSTOMER. IN NO EVENT SHALL TANGOSERVERS BE LIABLE FOR ANY DAMAGE CLAIM EXCEEDING THE AMOUNT PAID BY YOU THE CUSTOMER.

C. TANGOSERVERS SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF OUR WEBSITE, FOR CONTRACTS OR SERVICES SOLD THROUGH OUR WEBSITE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH OUR WEBSITE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH OUR WEBSITE. YOUR USE OF OUR WEBSITE AND ANY CONTRACTS OR SERVICES ARE AT YOUR OWN RISK. IN NO EVENT SHALL EITHER TANGOSERVERS OR THEIR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OUR WEBSITE, CONTRACTS AND SERVICES PURCHASED THROUGH OUR WEBSITE, THE DELAY OR INABILITY TO USE OUR WEBSITE OR OTHERWISE ARISING IN CONNECTION WITH OUR WEBSITE, CONTRACTS OR RELATED SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

D. TANGOSERVERS IS NOT RESPONSIBLE FOR THE ERROR OR UPRISING ISSUES THROUGH THIRD PARTY VENDORS. TANGOSERVERS MAY/WILL OFFER DEALS, OFFERINGS, OR COUPONS TO OTHER SOURCES, WE ARE NOT LIABLE FOR THEIR NETWORK OR THEIR STAFF. ALTHOUGH WE WILL DO OUR BEST TO FILTER WHAT DEALS WE ARE OFFERING, WE CANNOT GUARANTEE THE SAFETY THROUGH A THIRD PARTY VENDOR. YOU AS THE CLIENT WILL BE LIABLE, AND WE WILL NOT BE ACCOUNTABLE FOR ANOTHER COMPANIES MISTAKES OR FAILURE TO PROVIDE A SERVICE, PRODUCT, ETC.

E. TangoServers is not represented by any other website, including TangoWorldWide.net. TangoServers has been designed to be it's own network and website. When you access a website other than TangoServers.net, we are not responsible for any content on that web site. Any fake deals, offerings, etc may not be authorized by TangoServersLLC. Tango Severs will never endorse nor accept responsibility for content in reference to US from another source.

IV. Indemnification

A. You agree to defend, indemnify and hold TangoServers harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our Website or any Contracts or Services you purchase through it.

V. Copyright, License, and Idea Submissions

A. Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Website are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered ("Intellectual Property") owned, controlled or licensed by TangoServersLLC.

B. Our Website as a whole is protected by copyright and trade dress. Nothing on our Website should be construed as granting, by implication, or otherwise, any license or right to use any Intellectual Property displayed or used on our Website, without the prior written permission of the Intellectual Property owner. TangoServersLLC aggressively enforces its intellectual property rights to the fullest extent of the law.

C. The names and logos of TangoServersLLC, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without prior, written permission from TangoServersLLC. TangoServersLLC prohibits use of any logo of TangoServersLLC or any of its affiliates as part of a link to or from any Website unless TangoServersLLC approves such link in advance and in writing. Fair use of TangoServers Intellectual Property requires proper acknowledgement. Other product and company names mentioned in our Website may be the Intellectual Property of their respective owners.

D. All content of our SITE is protected by international copyright and trademark laws. The owner of the copyrights and trademarks are TangoServers, its affiliates or other third party licensors. Other product and company names mentioned in the Site may be the trademarks of their respective owners.

E. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS, CODE AND/OR SOFTWARE.

VI. Billing / Refunds / Chargebacks

A. All information provided to TangoServersLLC must be accurate at the time of registration, and ordering a product or service. Through automated fraud protection, your account may be suspended or put into provision if your billing information does not comply with your personal information.

1. We do not store billing information, but instead use a gateway for payments. Read more in our Privacy Policy.

2. TangoServers is not responsible to cancel any subscriptions you have created for payments of products/services/etc. If you wish to cancel a service, you may use your client-area. Further help can be provided via support. If you do not cancel your PayPal subscription(s) for products/services/etc any further payments received will not be refunded. If you have paid us any amount over $20 incorrectly, you may request one time for the payment to be added as credit to your account.

B. TangoServers does not offer nor provide refunds, though if you wish to have a product or service refunded you can create a support ticket. We will analyse your request and give you a verdict within 3-5 business days. Any refund is at the full discretion of TangoServers. Opening a charge-back will only result in any services from TangoServers to be suspended without refund.

C. By purchasing a product or service and accepting this ToS, you are agreeing not to charge-back or dispute a payment. We would like to attempt to resolve any issues via support, issuing a charge-back or dispute will not only prolong the process of having a payment complication resolved, but also leave the possibility for you as a potential client to be permanently banned from ordering services within our network.

VII. DMCA (The Digital Millennium Copyright Act)

A. TangoServers respects the intellectual property of others, and we expect our clients to do the same. In efforts to create a clean and reputable network, TangoServers voluntarily observes and complies with The Digital Millennium Copyright Act. If you are a content creator and feel that your work has been copied which constitutes copyright infringement, or your intellectual property rights have been otherwise violates, please request our TangoServers | DMCA-Takedown Form Procedure. Create a request by mailing to abuse@tangoservers.net with the subject header 'DMCA Request'.

1. We will do our best to resolve the conflict between you, the content creator, and our client.

2. To have your content taken off our network, we may ask that you answer various questions for validation that your property is/was not intended for free-usage.

3. Once you have completed the necessary tasks for our takedown procedure, we may take up to 14 business days to handle your request.

VIII. Downtime / Resource Usage

A. TangoServers has installed a 72-hour maintenance period into our company per month. Although we hope to never use this allocated time, TangoServers is allowed to use up to 72-hours of maintenance time until product-extensions will be considered/required.

B. In the event unforeseen circumstances arise and there is significant data loss, hardware failure, or network outages TangoServers may use up to 96 hours to bring these services back online before we contact our clientele and negotiate time-extensions or server transfers. See below for more information on data loss.

C. Resource Usage is solely up to TangoServers to determine what is and is not acceptable. Resources your server uses such as CPU, RAM, Bandwidth, & storage are monitored by TangoSevers. If your server has passed our quota for acceptable resource usage, we will notify you and work with you to help resolve the issue(s) and move your server back into acceptable quotas. If CPU usage consistently passes our acceptable quota, we may ask you to buy higher priority or core dedication. Failure to resolve an issue which is effecting other clients on the same node can result in service suspension or termination.

IX. Support / Forums / KnowledgeBase

A. TangoServers's goal is to provide optimal support to each client. Through company standards to always personalize responses, never template messages, and to never point a client to simply use the knowledgebase or forum, each staff member is expected to take pride in helping a client.

1. TangoServers does not provide 3rd party plugin support without managed hosting. If you open a ticket, we will do our best to point you in the correct direction for support or education over a plugin. If you purchase a managed service with us, we can go ahead and install plugins for you manually, as well as assist you in further configuring your service. TangoServers support is only responsible to help you with products or services that purchased directly through us.

2. Support will never ask you for your password to any of your accounts. Support will always communicate with you through the TangoServers support system, in the event a support agent will contact you via steam or a third party source, we will include a link or account information directly through our support system to provide validation of our staff.

3. TangoServers reserves the right to deny support to any person(s) that cannot be civilized to our staff. This includes, but is not limited to vulgar or foul language, rudeness, threads, or demands.

B. TangoServers provides a forum for usage by any registered user on TangoServers.net. It is recommended that you keep in mind that the content that may be found in this forum can not be fully validated unless it is posted by a staff member. We ask if you are following directions for resolutions or recommendations from another client, to always be wary of possible service failure. Remember to keep backups of your service in-case a problem arises.

1. TangoServers is not accountable for information posted within our forum, though through our best efforts we will attempt to moderate and monitor content posted for public view.

2. You as the user are expected to be civil when posting in our forum. Any uncivil communication such as vulgar / foul language, discrimination, threads, rudeness, demands, etc can result in a forum-mute or even removal from our network depending on the severity of your actions.

C. TangoServers will attempt to update our knowledgebase on a regular basis providing our clients a reference when doing work on their server. If you find an error in the knowledgebase, there will be a specified section on our forum to report it. If you would like to add an article to the knowledgebase, there is also a specific sub-forum designed for client input. We will have our staff regularly check for useful guides or information.

X. Data Loss

A. TangoServers has made it clear through our Terms of Service, we are not responsible for data loss. This section is to inform you what systems we have in place to ensure data stability. Just because we have defect detection and data recovery systems available, doesn't mean you should not regularly back up your data.

B. TangoServers does not take regular backups nor maintain backups of your data which you can access, therefore we are not responsible in the event of data loss. This includes hard-drive failure on our end, we recommend you take a regular local backup of your files, just in-case. In the event of data loss through hard-drive failure, we will attempt to recover whatever is possible, though we cannot ensure we will be able to recover anything.

C. TangoServers will take backups only during server-transfers. If we have scheduled a server transfer, or emergency transfer, we will take a backup and store it 15 calendar-days after the transfer is completed. If there are any errors or failures during a transfer, your data should be secured...But we still recommend when we notify you of a transfer, to take your own local backups for double protection.

XI. DDoS / Infection / Termination

A. TangoServers has DDoS Protected locations available for purchase when configuring your server for the first time. When we expand, one of our first considerations will be if we can secure the location without the usage of GRE-Tunnels. Sadly, DDoS Protection can not always be an option, and we still may have unprotected locations.

B. High risk clients are expected to take it upon themselves to use a protected location. If your server is under constant attack at a non-protected location, we may have to request you either move your server, purchase a protected IP, or decide to terminate you if you are effecting other client's services.

1. If your service is under constant attack from a non-protected location, we may ask you to move your service to one of our protected nodes. This will be a one-time $15.00 fee for a server transfer.

2. If your service is under constant attack on a non-protected location, we will do our best to offer you methods to protect your service, such as purchasing a protected IP through GRE-Tunnels.

3. If your service is under constant attack and it is effecting other clients on that node, we hold the right to suspend or terminate your server if we deem necessary.

C. TangoServers cannot assure that through our DDoS Protection your server, service, etc will be able to stay online during an attack. Although we will give our best efforts to use optimal packages to protect your services, we can never fully guarantee uptime during a DoS/DDoS Attack.

1. TangoServers holds the right to null-route your service's IP address for up to 48-hours during an attack. During this time we will work constantly to block or mitigate the attack, although we can never guarantee that all of the attack can be blocked, nor that your service will remain online.

2. If we have to null-route a server 3 or more times within a given calendar-month, your service can be suspended or terminated.

D. TangoServers holds the right to suspend or terminate any user who is infected or hijacked. This includes, but is not limited to web-hosting injections, infections, or backdoors; as well as the hijacking or abuse of a game-related service through malicious plugin or code. If your service has been infected or hijacked, we will put forth our best efforts to help you either rid of the infection, recover your service, or protect yourself from further attacks.

1. You, the client, are responsible for what actions occur on your server or service. You can and will be suspended or terminated if your service becomes compromised and it results in downtime or an occurrence of issues for other clients within our network.

E. TangoServers would like to make termination our last resort in any situation. We as your hosting provider will do our best to contact and consistently work with you as the client to protect your services, get your services within our resource quotas, prevent DDoS Attacks, and perform necessary actions to help always keep you online.

1. TangoServers holds the right to terminate any client or client(s) who are have violated our terms of service, have violated our privacy policy, or have violated our acceptable use policy. In the event we have to terminate a client, you will not receive a refund.

2. TangoServers holds the right to terminate any client that abuses our services, overloads our resources, or does not comply with staff requests, emails, and notices.

3. TangoServers has the right to deny or terminate any client who has violated any policy on our website, without a chance of refund.

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