Terms of Services
All services provided by TragicServers ("TragicServers") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless TragicServers from any claims resulting from the use of service which damages the subscriber or any other party.
Prohibited are sites that promote any illegal activity or present content that may be damaging to TragicServers' servers, or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
Hacking/Hacker programs or archives
Mail Bombers/Spam Scripts
Investment sites (MLM)
Sale of any controlled substance/drug
Hacker forced sites/scripts/programs/archieves
Broadcasting or Streaming of Live Events (NFL, MLB, NBA, etc)
NOTICE: IF YOUR ACCOUNT IS FOUND TO CONTAIN ILLEGAL ACTIVITY, ILLEGAL MP3 FILES, PIRATED SOFTWARE, HACKER PROGRAMS, WAREZ PROGRAMS, OR ANY OTHER ILLEGAL FILES, YOUR ACCOUNT WILL BE TERMINATED IMMEDIATELY, WITHOUT NOTICE. ADDITIONALLY, TragicServers WILL NOTIFY THE PROPER AUTHORITIES OF YOUR ACTIONS.
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and upon reaching monthly limit, your account will be suspended.
We currently do allow IRC or IRC bots to be operated on our servers. Abusive use will result in your account being terminated or suspended without notice.
Any attempt to undermine or cause harm to a server or customer of TragicServers is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All game servers, voice servers and vps servers of TragicServers must adhere to the above policies.
As we provided an unmanaged VPS service, we ARE NOT responsible for your data. You are responsible for your data and own backups.
By the Account Activation Date of each month, TragicServers shall either:
(1) debit the client via PayPal (when such agreement is made by the client); or
(2) deliver, by e-mail, an invoice in accordance for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to TragicServers by no later than the specified payment due date. TragicServers shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly, quarterly, semi-annual or annual basis. All clients with an active subscription are billed automatically on a monthly, quarterly, semi-annual or annual basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point the invoice must be paid within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
As of October 2014, we no longer offer refunds.
If client has pre-paid TragicServers for services, refunds will be NOT issued for any unused full month of the services.
As we no longer offer refunds, a client has the ability to request account credit for the first payment on the first service within 24 hours and the service will be shutdown.
Group Pay is treated as a non-transferable and non-refundable donation. Is it your responsibility to inform users you provide the URL this.
Any PayPal dispute or chargebacks from Group Pay donations are subject to a $15 fee each.
Clients who do not pay this fee will have their service suspended until it's been paid.
Any account deactivated due to non-payment on an invoice may be removed within 48 hours.
We DO NOT refund partial monthly, quarterly, semi-annual, or annual fees to accounts.
We ARE NOT responsible for cancellation of PayPal subscriptions.
If a PayPal dispute is open, you ARE NOT ENTITLED TO A REFUND.
PayPal Billing Agreement
Upon checkout, you agree to setup a Billing Agreement to allow us to automatically charge your invoice(s).
You will be automatically charged on the day your invoice is due.
As with PayPal subscriptions, we are not responsible to cancel these Billing Agreements.
Your credit card will be automatically charged at midnight your due date. These automatic charges have the same rules and regulations as our PayPal subscriptions. We are not responsible for removing your card to stop automatic payments.
If you sign up online for a TragicServers service with a free initial trial period, you must provide TragicServers with a valid credit card or PayPal account. If you do not cancel your service within the first 30 days after it was initially created, your credit card or PayPal account will automatically be billed starting on the first day after the Free Trial is over. If you cancel your service within the first 30 days, no charges will be put through your credit card or PayPal account.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
Limitation of Liability
TragicServers shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from TragicServers' servers going off-line or being unavailable for any reason whatsoever. Furthermore, TragicServers shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of TragicServers ' servers. All damages shall be limited to the immediate termination of service.
Violations of these Acceptable Use Policies should be referred to firstname.lastname@example.org. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
TragicServers cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by TragicServers are resold. Thus, certain equipment, routing, software and programming used by TragicServers are not directly owned or written by TragicServers. Moreover, TragicServers holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as TragicServers sees fit.
By activating your account with TragicServers, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given.
Server Uptime Guarantee
TragicServers guarantees 99% service uptime on all hosting services. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
NOTICE: Scheduled maintenance does NOT qualify for a refund.
TragicServers reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to make changes to our account plans without notification.
TragicServers has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.
Information Automatically Logged
We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.
Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.
Contact information from the order forms is used to get in touch with the customer when necessary.
Billing information that is collected is used to bill the user for services.
Unique identifiers are collected from Web site visitors to verify the user's identity.
Demographic and profile data is also collected at our site.
We use this data to tailor our visitor's experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.
This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.
Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC.
Contacting the Web Site
If you have any questions about this privacy statement, the practices of this site, or your dealings with this Web site, you can contact: email@example.com
Acceptable Use Policy
As a provider of game server hosting, voice server hosting, vps hosting, web site hosting and other Internet-related services, TragicServers offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. TragicServers respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, TragicServers reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, TragicServers has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using TragicServers' services. This AUP will be revised from time to time.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that TragicServers cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because TragicServers cannot monitor or censor the Internet, and will not attempt to do so, TragicServers cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications.
When subscribers disseminate information from the Internet, they must keep in mind that TragicServers does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over TragicServers' network and may reach a large number of people, including both subscribers and non-subscribers of TragicServers, subscribers' postings to the Internet may affect other subscribers and may affect TragicServers' goodwill, business, reputation or operations. For these reasons, subscribers violate TragicServers policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward TragicServers, but also because it can overload TragicServers' network and disrupt service to TragicServers' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, TragicServers will investigate and shutdown the account that is SPAMing. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore TragicServers reserves the right to prosecute for this violation. A $1.00 charge will be assessed PER EMAIL sent should TragicServers choose to pursue and prosecute.
Audio/Video Streaming is not hosting friendly. As such, TragicServers does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.
Hardware Usage (VPS):
Subscribers agree not to use more than .8 on the VPS extended periods or cause discruption on the hode node effecting other subscribers. High CPU usage and/or disruption may result in reboot, shutdown or suspension of your service without notice.
Large File Policy:
TragicServers is not for file hosting and distribution - as such, customers may not host any illegal files, torrents, etc that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please e-mail firstname.lastname@example.org.
Obscene Speech or Materials:
Using TragicServers' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. TragicServers is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.
Defamatory or Abusive Language:
Using TragicServers' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.
Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.
Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering activity).
Distribution of Internet Viruses, Worms, Trojan Horses or Other Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.
Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.
Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.
TragicServers reserves the right not to accept postings from newsgroups where we have actual knowledge that the content of the newsgroup violates the AUP.
Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but not limited to, advertising, transmitting or otherwise making available ponzi schemes, pyramid schemes, fraudulently charging credit cards and pirating software.
Engaging in activities, whether lawful or unlawful, that TragicServers determines to be harmful to its subscribers, operations, reputation, goodwill or customer relations.
As we have pointed out, the responsibility for avoiding harmful activities just described rests primarily with the subscriber. TragicServers will not, as an ordinary practice, monitor the communications of its subscribers to ensure that the comply with TragicServers' policy or applicable law. However, when TragicServers becomes aware of harmful activities, it may take any action to stop the harmful activity, including, but not limited to, removal of information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or any other action deemed appropriate by TragicServers.
TragicServers is also aware that many of its subscribers are themselves providers of Internet services, and that information reaching TragicServers' facilities from those subscribers may have originated from a customer of the subscriber or from another third party. TragicServers does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. TragicServers reserves the right to directly take action against a customer of its subscribers. Also, TragicServers may take action against the TragicServers' subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, TragicServers anticipates that subscribers who offer Internet services will cooperate with TragicServers in any corrective or preventive action that TragicServers deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of TragicServers policy.
TragicServers will not intentionally monitor private electronic mail messages sent or receive by its subscribers, unless required to do so by law, governmental authority or when public safety is at stake. TragicServers may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, TragicServers may disclose information, including, but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation or governmental request. TragicServers assumes not obligation to inform the subscriber that subscriber information has been provided and, in some cases, may be prohibited by law from giving such notice. Finally, TragicServers may disclose subscriber information or information transmitted over its network where necessary to protect TragicServers and others from harm, or where such disclosure is necessary to the proper operation of the system. However, TragicServers will never sell information to other services or outside companies.
TragicServers expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of online communications. A subscriber's failure to comply with those laws will violate TragicServers policy. Finally, TragicServers wishes to emphasize that, in signing the Service Agreement, subscribers indemnify TragicServers for any violation of the Service Agreement, law or TragicServers policy resulting in loss to TragicServers or the bringing of any claim against TragicServers by any third party. This means that, if TragicServers is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will be responsible for payment of any damages awarded against TragicServers, plus costs and reasonable attorney's fees.
We hope this AUP is helpful in clarifying the obligations of Internet users, including TragicServers and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to email@example.com.
Additionally, you must comply with the ToS/AUP below: