Rack Management Terms of Service

Last updated 5/15/2025

For users who accepted our Terms of Service prior to 5/15/2025, these Terms of Service are effective as of 6/15/2025. For all new users these Terms of Service are effective upon posting. Previous versions of our Terms of Service may be accessed here.

Introduction

These terms of service (“terms”) are a contract between Tycho, LLC, a Texas limited liability company, doing business as Rack Management (“RM”, “we”, “us” and ”our”), and each user (“you”, “your” and “user”) of Rack Management’s services (“Services”). If you are accessing our Services on behalf of a company, organization, or entity, then you represent that you are binding such entity to these terms and have the legal authority to do so.

These terms establish our requirements of you while using our Services.

Agreement to Terms

We provide the following Services: Rack Rental, Virtual Machine Hosting, Data Backup Services, Virtual Private Network (VPN) Services, and Resale of Software Licensing and Hardware. YOUR USE OF ANY OF THESE SERVICES CONFIRMS THAT YOU ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF SERVICE, YOU SHOULD NOT USE OUR SERVICES.

Change of Terms and Services

We may update, remove, add and change these terms at any time. Any updates and changes will be posted on RM’s website (https://rack.management) (“Website”) and notice will be provided to you. If you do not agree to any terms, updated or not, you must stop using the Services immediately. Updates are effective upon posting on the website.

We may update, discontinue, or modify the Services provided to you. If you do not agree to any changes to the Services, you must stop using the Services. We are not liable or responsible to you or any other person or entity for making modifications to the Services.

Subscriptions, Payments, and Termination

If you have contracted for the Services under a subscription, then your payment of the subscription price is a condition precedent to our Services being available to you. Your failure to pay any amounts due to us will result in immediate termination of your Services, and we shall not be responsible to you or anyone else for any losses resulting from the termination of the Services.

We may change the price of any Services at any time, but we will honor prices for the remainder of any agreed subscription term unless the Services have changed. If you disagree with any change in Service pricing, you must contact us immediately in writing to avoid any automatic renewals or charges.

All payments for your Services must be made via our automated payment system.

We may terminate your Services at any time upon 30 days advance notice or immediately upon breach of these terms. You may terminate your Services only at the end of your subscription period with 30 days prior written notice at the end of your subscription term. Immediately upon termination, we will discontinue all Services and may remove all of your data and content from our servers without any duty or liability to you. We may, but are not required, to retain copies of your data and content for archival purposes. You are responsible for finding a replacement service and to perform all data and content migration prior to the termination of our Services.

Registration

By accessing, using or creating a user account on any Rack Management website, domain, IP address or user portal (including but not limited to all domains ending in rack.management or third-party resources contracted by Rack Management on your behalf) you agree to be bound by these terms. You must provide accurate and honest information in creating any account. You must be eighteen years old or older. To create an account, you must agree to these terms. You may only use the Services in compliance with all laws, rules, regulations, and these terms. We are not monitoring your legal compliance, but if we become aware of any potential violation of law, rule, regulation, or these terms, we may immediately terminate your registration and your access to the Services.

Limited and Revocable License

If you comply and strictly adhere to these terms, we grant you a limited, revocable, non-transferable, license to use the Services and access your assigned Rack Management website or user portal (as described above), subject to our rights described to cancel, change, or modify these terms and the Services.

Your Intellectual Property and Content and Related Account Protection

The nature of Rack Management’s Services requires that we actively use and manage your data in order to perform the Services you request.

You grant us the right to use without any compensation all of your intellectual property and content (for example, data, photos, media, messages, text, and other work) you input through any Rack Management website or user portal or store on our servers and systems. You represent and affirm that you own all such intellectual property and will indemnify and protect us from any claim that we are unauthorized to possess or use any intellectual property or content you provided to us. You are solely responsible for your content.

You are also responsible for all content you provide us to perform the Services, including code, data, software, files, media, and information for hosting, processing, and storing. You grant us an unrestricted, assignable, sublicensable, paid in full, perpetual license to use all such content for the purposes necessary to perform the Services. You represent and affirm that you own all such content and have the authority to grant the licenses described herein and will indemnify and protect us from any claim that we are unauthorized to possess or use any such content you provided to us.

All of your content must comply with any acceptable use policies posted by us in addition to these terms.

You must protect and defend all of your content in whatever manner you deem appropriate, including adopting rigorous password policies to access your accounts, using encryption, and other prudent methods to restrict access to your account and content. We are not responsible and you shall indemnify us for any breach of your account and unauthorized access to your content of all kinds.

We may remove and delete any content or data which is in violation these terms or any acceptable use policy in our sole discretion without any liability to you. You authorize us to cooperate fully with any law enforcement entity investigating you and your content for violation of any law, rule, or regulation. Pursuant to 47 U.S.C. § 230, we are not liable nor responsible as a publisher or speaker for content provided by a user of our Services or a content provider, and we will not be liable to anyone for our actions taken in good faith to prevent access to any obscene, lewd, lascivious, filthy, excessively violent, harassing, unlawful, or terroristic material or content, including the deletion of such content from our Services and systems.

Third Party Access, Licenses, and Connections

By making your content and data available through the Services, you license others to use any content which you share or make public. Content you submit through the Services is non-confidential and is used and shared subject to your own independent obligation to defend any rights related thereto.

Any content or websites which you link to third party websites or access through third party links in the Services is at your own risk. We do not control any third party content or data and make no representations as to the usefulness of such data.

Anti-Spam

You shall never use the Services for the purposes of sending unsolicited emails to any person.

Our Third-Party Software

To the extent you use any of our third party software provided as part of the Services, you agree to follow all terms of use, licensing, and legal obligations from any such third party software provider.

Failure of Services

We cannot promise to be perfect, but we will always strive to do our best for you. Even if we were perfect, technology is not and will never be. Hardware, software, code, and everything that goes into technology fails at some point and always at inconvenient times. We will do our best to promptly fix, repair, or replace things within our control to get your Services going again.

Depending on the Services you have engaged us to provide, we may provide you with hardware, software, access to internet connections, and other related services. These services and equipment are usually acquired from third parties. We do our best to make sure they are functional, reliable, and perform, but Service downtime will occur unexpectedly due to updates, required service or replacement, failures and errors on our part and that of others, egregious or illegal conduct (for example, hackers, ransomware attacks, malware, viruses, intrusions, and a host of other wrongful deeds), misuse, mitigation of harm to others, and other foreseeable and unforeseeable reasons.

Privacy and Information Sharing

Our Privacy Policy describes how we obtain, use, and share your data.

Confidentiality

If we provide you with confidential information of any kind which is not generally available to the public, you will not disclose any such confidential information to any other person nor publish it in the public domain. Further, any use of the confidential information shall be strictly limited by the purpose for which it was disclosed to you.

No Warranty; No Guaranteed Uptime

Our Services, websites and user portals are provided on an AS-IS and WHEN-AVAILABLE basis. We specifically disclaim any and all warranties, including without limitation any warranty of merchantability, fitness for a specific purpose, non-infringement, title, use, or security. Use of our Services is at your sole risk.

We do not guarantee access to any of the Services, websites or user portals.

We will not be liable for any consequential, special, incidental, indirect, statutory, punitive or exemplary damages of any sort, even if we have been advised or should have known of the possibility of such damages, including, without limitation, (a) any damages for lost profits or productivity, or (b) any damages resulting from loss of use or loss of data.

To the fullest extent allowed by law, we will not be liable to you or any third party using our Services.

This release and waiver of damages and warranties is a critical part of these terms without which we would require a much more substantial payment and commitment from you for use of the Services. We encourage you to use these savings to purchase electronic data recovery/loss insurance, business equipment insurance, and business interruption insurance.

Dispute Resolution

Any and all disputes arising between you and us will be resolved by binding arbitration to be held in Bexar County, Texas. This means that neither you nor we have the right to bring a lawsuit in any court or have a trial by judge or jury. We and you both waiver the right to file a claim in court for any disputes arising from these terms, the Services, or related matters. Instead, a neutral arbitrator will resolve disputes. The only exception to binding arbitration will be for claims that can be filed in small claims court.

Indemnity

You agree to indemnify, defend, and hold us (and our managers, members, officers, attorneys, and affiliates) harmless for any and all claims arising from your breach of these terms, your use of the Services and Website, your content, your users, willful misconduct, negligence, violations of law, rule or regulation, breach of security, violation of intellectual property rights, violation of privacy rights, and breaches of confidentiality.

Data Backup

You are advised and encouraged to regularly back up all data and content using industry best practices. Our Services are not intended to be relied upon as the only source of backups, as such an approach is not within industry best practices. We recommend no less than 3 separately located and differing media storage types and that you discuss your backup strategies with your IT support vendor or MSP and regularly test and validate that those backups are in good working order.

Limitation of Liability

Rack Management contracts with a third party data center and third party software and hardware providers and is not responsible for power outages, natural disasters, acts of God, etc., that may affect data center services or other third party services. Rack Management services include only such support as is required to ensure reasonable connections to such services. Customer is responsible for obtaining support from a third party IT support vendor or MSP to install, remove or otherwise service any Customer hardware or software that requires attention.