Terms of Service
Tango Hosting ™, LLC ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of Tango Hosting ™ Service constitutes acceptance and agreement to Tango Hosting's ™ AUP (Acceptable Use Policy) as well as Tango Hosting's ™ TOS (Terms of Service).

All provisions of this contract are subject to the TOS of Tango Hosting ™ and AUP. The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of California, county of Santa Barbara applicable to contracts enforceable in that state. Venue will be Santa Barbara, California.

1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Tango Hosting ™ shall have the right to terminate all service set forth in this Agreement.

2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service in the event of a monthly plan; or due on the anniversary date of the year for a year service plan.

4. Invoicing: Tango Hosting ™ shall invoice customer for services rendered in accordance with the terms and conditions set forth herein.

5. Renewal: If not canceled by customer, this Agreement will automatically self-renew for and after the period initially selected by the said customer. Customer's failure to properly notify Tango Hosting ™ of its objections to any of the terms and conditions set forth herein shall constitute customer's acceptance of same. In the event this Agreement is automatically renewed, customer agrees to be bound by the TOS & AUP currently in effect.

6. Payments and Fees: Credit cards that are declined for any reason are subject to a $2.00 fee per declined transaction. Upon three days of continued decline of a credit card used to pay a periodic charge, Customers have 48 hours to remedy the declined transaction or Company will interrupt their service. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $25 reconnect charge. Accounts not paid by due date are subject to a $15.00 late fee. Accounts that are not collectable by Tango Hosting ™ may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. Charge backs will incure a $50 fee. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

7. Refund and Disputes: All payments to Tango Hosting ™ are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Tango Hosting's ™ sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Tango Hosting ™ an "Administrative Fee" of not less than $50 and not more than $150.

8. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

9. Account Cancellation & Termination: All requests for canceling accounts and terminating this agreement must be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to Tango Hosting ™ Attn: Cancellations, P. O. Box 5102, Santa Barbara, CA 93150. You must have all account information to cancel. On a monthly to month Agreement customer may terminate Agreement at anytime prior to the following month in a written notice. E-Mail, fax or regular mail shall be deemed adequate notice. Nothing in this paragraph however shall limit Tango Hosting ™ right to terminate customer immediately and without prior notice for improper use and violations as set forth herein. Tango Hosting ™ may terminate this Agreement without cause upon 30 days written notice to the Customer. E-Mail, fax or regular mail shall be deemed adequate notice.
In the event that Tango Hosting ™ deems content of customer's account of explicit or illegal nature, including, but not limited to nudity, pornography, illegal use of copyrighted materials, and transferring of warez or other illegal files, Tango Hosting ™ reserves the right to terminate customer immediately and without prior notice. In the event of illegal content, Tango Hosting ™ reserves the right to turn the materials over to the proper authorities, and cannot be held responsible if action is taken against customer based on such materials. If we find adult content that we determined to be offensive on your website you will be warned to remove it. If you do not remove the offending material, your account will be terminated and you will be assessed an additional $200 fee for breaking our terms of service. In the event that Tango Hosting ™ elects to terminate customer as a result of its improper acts and breach of the terms and conditions contained herein, customer shall not be entitled to a refund of the balance. In no event shall customer be entitled to a refund of the set-up fee. In the event customer elects to terminate this Agreement, same shall be considered a breach and customer shall not be entitled to any refund. In the event that Tango Hosting ™ elects to terminate customer without cause, customer shall receive a full refund of any balance. However, if customer terminates this Agreement without cause, and in accordance with the notice provision set forth herein, there shall be no refund of the set up fee or any remaining balance.

10. Disclaimer of Warranty: Customer agrees to use all Services and any information obtained through or from Company, at Customer's own risk. Customer acknowledges and agrees that Company exercises no control over, and accepts no responsibility for, the content of the information passing through Company’s host computers, network hubs and points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. NONE OF Company, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, ATTORNEYS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, LICENSORS OR THE LIKE (EACH, A "Tango Hosting PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT COMPANY PROVIDES. NO TANGO HOSTING PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO ANY OF THEM MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. COMPANY IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY COMPANY. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY TANGO HOSTING PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

11. Limited Warranty: Company represents and warrants to Customer that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; (b) at least at the same level of service as provided by Company generally to its other customers for the same services; and (c) in compliance in all material respects with the applicable Service Descriptions. Customer will be deemed to have accepted such Services unless Customer notifies Company, in writing, within thirty (30) days after performance of any Services of any breach of the foregoing warranties. Customer's sole and exclusive remedy, and Company’s sole obligation, for breach of the foregoing warranties shall be for Company, at its option, to re-perform the defective Services at no cost to Customer, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue Customer a credit in an amount equal to the current monthly service fees pro rated by the number of hours in which the Services have been interrupted. Company may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.

The foregoing warranties shall not apply to performance issues or defects in the Services (a) caused by factors outside of Company’s reasonable control; (b) that resulted from any actions or inactions of Customer or any third parties; or (c) that resulted from Customer's equipment or any third-party equipment not within the sole control of Company. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES OR ANY SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND COMPANY HEREBY EXPRESSLY DISCLAIMS THE SAME. WITHOUT LIMITING THE FOREGOING, ANY THIRD-PARTY SOFTWARE PROVIDED TO CUSTOMER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR WARRANTY WHATSOEVER. COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE.

12. Limitation of Liability: IN NO EVENT WILL COMPANY’S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE SERVICE FEES PAID TO COMPANY BY CUSTOMER DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

a. COMPANY CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. COMPANY WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.

b. EXCEPT AS EXPRESSLY PROVIDED BELOW, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON- PERFORMANCE OF ANY ORDER, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.

c. The limitations contained in this Section apply to all causes of action in the aggregate, whether based in contract, tort or any other legal theory (including strict liability), other than claims based on fraud or willful misconduct.

d. Notwithstanding anything to the contrary in this Agreement, Company’s maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi- contract, statutory or otherwise) shall not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.

e. Customer understands, acknowledges and agrees that if Company takes any corrective action under this Agreement because of an action of Customer or one if its customers or a reseller, that corrective action may adversely affect other customers of Customer or other reseller customers, and Customer agrees that Company shall have no liability to Customer, any of its customers or any Reseller Customer due to such corrective action by Company.

f. This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this section shall survive any termination of this Agreement.

g. Indemnification. Customer agrees to indemnify, defend and hold harmless Company and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders, attorneys and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to Customer's use of the Services, (ii) any violation by Customer of the AUP, (iii) any breach of any representation, warranty or covenant of Customer contained in this Agreement or (iv) any acts or omissions of Customer. The terms of this section shall survive any termination of this Agreement.

13. New Domain Accounts: All new web hosting accounts involving new domains will be set up and entered into our DNS servers within 3 to 5 business days. Due to unforeseen complications, however, this process may sometimes require up to 7 business days. If the new domain is registered by the account holder, there will be no handling fee.

14. Transfer of Domains: New web hosting accounts which involve the transfer of a domain from another provider to Tango Hosting ™ will up to seven (7) days to be set up and entered into our DNS servers. In some cases, such transfers may take up to sixty (60) days. Due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take. If the transfer of the domain is done by Tango Hosting ™ on behalf of the account holder a handling fee will be incurred. If the customer cancels service during the transfer period for any reason, all charges are considered earned.

15. Domain Name Ownership: Customer shall be responsible for all costs and fees associated with its domain name. Customer shall make payment directly to the issuer. Under no circumstances shall Tango Hosting ™ be responsible for this cost unless it originally registered your domain name and you qualify for free domain name registration.  Any customer that sings up for a yearly account and has their domain name originally registered by Tango Hosting qualifies for free yearly domain registration.

16. Support Boundaries: Tango Hosting ™, provides 24 x 7 technical support to our subscribers via email and 9am to 5pm Pacific Standard time Monday through Friday via phone (except for a few holidays and short company meetings) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Tango Hosting ™ provides support related to your server or virtual site physical functioning. Tango Hosting ™ does not offer tech support for application specific issues such as asp, asp.net, Cold Fusion programming, html or any other such issue. Tango Hosting ™ does not provide technical support for YOUR customers. If you can email, we encourage you to email support@tangohosting.com for assistance. If you are able to get online and have other questions, the answers may be on our home page at http://www.tangohosting.com/support/ - we encourage you to check there first. Lastly, the Support files in the program you are using may have the answer to your question so please do investigate these resources before calling tech support.

17. SPAM, Unsolicited Commercial Email (UCE) and Bulk Email: Tango Hosting ™ takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Tango Hosting ™ may not use or permit others to use our network to transact in UCE. Customers of Tango Hosting ™ may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

a. Violation of Tango Hosting's ™ SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Tango Hosting ™ will initiate an immediate investigation (within 48 hours of notification). During the investigation, Tango Hosting ™ may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Tango Hosting ™ may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Tango Hosting ™ reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Tango Hosting ™ will notify law enforcement officials if the violation is believed to be a criminal offense.

b. First violations of this policy will result in an "Administrative Fee" of $150 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $250 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that Tango Hosting ™ personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

c. Sending 50 unsolicited pieces of mail within a 24 hour period shall be considered "spamming". Customer shall be liable to Tango Hosting ™ for any and all damages caused as a result of customer's failure to comply with this provision.

d. Sending over 4000 messages per month will be considered "Bulk". Sending the same message to over 50 recipients in a 24 hour period shall also be considered "Bulk". Bulk e-mail ties up the mail queue and delays messages for other users. Therefore, we must limit the amount of use on any shared server.

e. As our Customers are ultimately responsible for the actions of their clients over the Tango Hosting ™ network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

IMPORTANT NOTICE:
BEGINNING IMMEDIATELY, anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

18. Network:

a. IP Address Ownership: If Tango Hosting ™ assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Tango Hosting ™, and Customer shall have no right to use that Internet Protocol address except as permitted by Tango Hosting ™ in its sole discretion in connection with the Services, during the term of this Agreement. Tango Hosting ™ shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by Tango Hosting ™, and Tango Hosting ™ reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN's new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

b. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Tango Hosting ™ will monitor Customer's bandwidth and disk usage. Tango Hosting ™ shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Tango Hosting's ™ sole and absolute discretion. If Tango Hosting ™ takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Tango Hosting ™ may, at its sole discretion, collect a deposit, in an amount determined by Tango Hosting ™, against customer's credit card on file with Tango Hosting ™.

c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Tango Hosting ™ Network. Violations of system or network security may result in civil or criminal liability. Tango Hosting ™ will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled.

d. Band Width Usage: Customer agrees that if band width usage exceeds the number of megabytes per month specified in customer's account that customer shall be charged $5 per extra Gigabyte used. Any band width usage in excess of number of megabytes per month shall be charged in accordance to the customer account. Tango Hosting ™ reserves the right to immediately terminate customer for over band width usage, without prior notice. In the event that Tango Hosting ™ elects to terminate this Agreement, pursuant to this provision, customer shall not be entitled to a refund.
e. Backups: Customer is responsible for keeping a copy of their most current web site files as backup on a remote system (not Tango Hosting ™). Tango Hosting ™ is not responsible for any lost files, information, or data. Should any data need to be recovered from Tango Hosting ™, there will be a charge of $100. Tango Hosting ™ does not guarantee to possess the most current copy of a client's website.

19. Notification of Violation:
a. Tango Hosting ™ is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

b. First violation: Any User, which Tango Hosting ™ determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Tango Hosting's ™ discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

c. Second Violation: Users that Tango Hosting ™ determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

d. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

20. Suspension of Service or Cancellation: Tango Hosting ™ reserves the right to suspend network access to any customer if in the judgment of the Tango Hosting ™ network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Tango Hosting ™ chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

21. Change or Modify Terms and Conditions: Tango Hosting ™ reserves the right to change or modify any of the terms and conditions contained in this Agreement, any Addendums and any policy or guideline incorporated by reference at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Any changes or modification will be effective upon posting of the revisions on the Tango Hosting Web site. Your continued use of the Services following Tango Hosting's posting of any changes or modifications will constitute your acceptance of such changes or modifications. All Sub-Networks, resellers and managed servers of Tango Hosting ™ must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

22. Resale of Web Space: Customer may not resell web space within their own account. Customer shall remain solely responsible for the entire domain site content. The same Terms of Service Agreement shall govern any domain site resold within an account.

23. Indemnification: Tango Hosting ™ wishes to emphasize that in agreeing to the Tango Hosting ™ Acceptable Use Policy (AUP) and Terms of Service (TOS), customer indemnifies Tango Hosting ™ for any violation of the Acceptable Use Policy (AUP) and Terms of Service (TOS) that results in loss to Tango Hosting ™ or the bringing of any claim against Tango Hosting ™ by any third-party. This means that if Tango Hosting ™ is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Tango Hosting ™, plus all costs and attorney's fees.

24. Tango Hosting as Reseller or Licensor: Company is acting only as a reseller or licensor of the hardware, software and equipment used in connection with the products and/or Services that were or are manufactured or provided by a third party ("Non-Tango Hosting Product"). Company shall not be responsible for any changes in the Services that cause the Non-Tango Hosting Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non- Tango Hosting Product either sold, licensed or provided by Company to Customer or purchased directly by Customer used in connection with the Services will not be deemed a breach of Company’s obligations under this Agreement. Any rights or remedies Customer may have regarding the ownership, licensing, performance or compliance of Non-Tango Hosting Product are limited to those rights extended to Customer by the manufacturer of such Non- Tango Hosting Product. Customer is entitled to use any Non-Tango Hosting Product supplied by Company only in connection with Customer's permitted use of the Services. Customer shall use its best efforts to protect and keep confidential all intellectual property provided by Company to Customer through any Non-Tango Hosting Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. Customer shall not resell, transfer, export or re-export any Non-Tango Hosting Product, or any technical data derived there from, in violation of any applicable United States or foreign law.

25. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, telephone, address, and fax contacts are used, in that order of preference.

a. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

c. Tango Hosting ™ takes no responsibility for any material input by others and not posted to the Tango Hosting ™ Network by Tango Hosting ™. Tango Hosting ™ is not responsible for the content of any other websites linked to the Tango Hosting ™ Network; links are provided as Internet navigation tools only. Tango Hosting ™ disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

d. Tango Hosting ™ is not responsible for any damages your business may suffer. Tango Hosting ™ does not make implied or written warranties for any of our services. Tango Hosting ™ denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Tango Hosting ™.

e. It is absolutely forbidden to host pornographic content or IRC servers on Virtual Server Accounts. Virtual Server Accounts found hosting this material will be subject to immediate cancellation without refund.

f. Tango Hosting ™ makes no representations and cannot guarantee that customers domain name does not infringe upon any trademarks, trade names, service marks or other proprietary rights owned by a third party. Customer shall not hold Tango Hosting ™ liable for any damages, injuries or losses incurred by customer as a result of any action instituted by a third party.

g. Headings in this Agreement are for convenience only and shall not be used to interpret or construe these provisions

h. Customer is solely responsible for validating the integrity of the information and data it receives or transmits over the Internet.

i. Independent Contractor. Company and Customer are independent contractors and nothing contained in this Agreement places Company and Customer in the relationship of principal and agent, master and servant, partners or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

j. Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon arising from an alleged tort, shall be governed by the substantive laws of the State of California. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. ANY SUIT, ACTION OR PROCEEDING CONCERNING THIS AGREEMENT MUST BE BROUGHT IN A CALIFORNIA STATE OR FEDERAL COURT LOCATED IN SANTA BARBARA COUNTY, CALIFORNIA, AND EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

k. Headings. The headings herein are for convenience only and are not part of this Agreement.

l. Entire Agreement; Amendments. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. In case of a conflict between this Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Customer or Company, the terms and conditions of this Agreement shall control. No additional terms or conditions relating to the subject matter of this Agreement shall be effective unless approved in writing by any authorized representative of Customer and Company. This Agreement may not be modified or amended except by another agreement in writing executed by the parties hereto; provided, however, that these Terms of Service may be modified from time to time by Company in its sole discretion, which modifications will be effective upon posting to Company’s web site.

m. Severability. All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

n. Notices. All notices and demands required or contemplated hereunder by one party to the other shall be in writing and shall be deemed to have been duly made and given upon date of delivery if delivered in person or by an overnight delivery or postal service, upon receipt if delivered by facsimile the receipt of which is confirmed by the recipient, or upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties' signatures. Either party may change its address or facsimile number for purposes of this Agreement by notice in writing to the other party as provided herein. Company may give written notice to Customer via e-mail to the Customer's e-mail address as maintained in Company’s billing records.

o. Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

p. Assignment; Successors. Customer may not assign or transfer this Agreement, or any of its rights or obligations hereunder, without the prior written consent of Company. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Company may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without the consent of Customer. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

q. Limitation of Actions. No action, regardless of form, arising by reason of or in connection with this Agreement may be brought by either party more than two years after the cause of action has arisen.

r. Counterparts. If this Agreement is signed manually, it may be executed in any number of counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. If this Agreement is signed electronically, Company records of such execution shall be presumed accurate unless proven otherwise.

s. Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

t. No Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Customer acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Service Description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against Customer as if it were a party to this Agreement.

u. Government Regulations. Customer may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction Customer operates or does business.

v. Marketing. Customer agrees that during the term of this Agreement Company may publicly refer to Customer, orally and in writing, as a customer of Company. Any other public reference to Customer by Company requires the written consent of Customer.