Service Agreement (Dedicated Servers, Game
Servers, Web Hosting, Consulting)
This Service Agreement ("Agreement") is a valid
legal agreement between Titanium Servers, LLC.
("Titanium Servers"), dba Oregon Data Experts, dba
Bryan Caddy, and you, the individual or single
entity ordering Titanium Servers services
("Services") either via an on-line order form or via
Titanium Servers customer service call center
("Sign-up Process"). This Agreement governs your
purchase and use of Titanium Servers Services
ordered by you during the Sign-up Process.
You must complete the acceptance process below
before Titanium Servers will activate the Services.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE
COMPLETING THE ACCEPTANCE PROCESS. Titanium Servers
reserves Servers acceptance of this Agreement.
1 Services:
1.1Titanium Servers offers a number of standard and
customized plans as published on the Titanium
Servers website for the particular brand of Service
offered by Titanium Servers. You may also purchase
optional add-ons. Subject to these Terms of Service
and during the term of this Agreement, Titanium
Servers agrees to provide to you the Services you
select during the Sign-up Process. Titanium Servers
reserves the right to amend its Services offerings
and to add, delete, suspend or modify the terms and
conditions of the Services, at any time and from
time to time, and to determine whether and when any
such changes apply to both existing and future
customers.
1.2 TITANIUM SERVERS WILL MAKE EVERY
EFFORT TO PLACE YOUR SERVICES IN A DESIRED LOCATION.
TITANIUM SERVERS AT ITS SOLE DISCRETION CAN AND WILL
MOVE YOUR SERVICES SHOULD SPACE BE UNAVAILABLE OR IF
YOUR UTILIZATION IS UNCOMMON IN A PARTICULAR
LOCATION. RACK SPACE AND SERVER SPACE ARE LIMITED
AND CHANGE HOURLY. DEDICATED AND GAME SERVERS ARE
SUBJECT TO THESE TERMS, AND MAY BE REALLOCATED OR
MOVED FROM SITE TO SITE, VENDOR TO VENDOR, AS
DETERMINED NECESSARY BY TITANIUM SERVERS.
2 Fees and Payment Terms:
2.1 Titanium Servers may charge set up fees,
recurring service fees, and other one-time fees for
optional services and, if requested by you, fees for
domain name registration services (collectively
"Service Fees"). Unless otherwise specified in any
written offer or promotion, the Service Fees
published on the Titanium Servers website for the
particular brand of Service you ordered are
applicable to all transactions between you and
Titanium Servers. Titanium Servers may amend the
Services and/or the Service Fees associated with any
of the Services at any time and from time to time
without notice to you.
2.2 All Service Fees are due according to the
schedule published on the Titanium Servers website
for the particular brand of Services you ordered or,
if not published, on the first day of the billing
cycle. All Service Fees and other monetary payments
must be made in U.S. Dollars. If you are not billed
by invoice, you authorize Titanium Servers to charge
the credit card, debit card or bank account (whether
via ACH service or otherwise) (your "Payment
Process") that you provide to Titanium Servers for
payment of the Service Fees for Services you order
before Titanium Servers activates the Services. You
further authorize Titanium Servers to charge you
according to your Payment Process for the amount of
all subsequent periodic Service Fees (at Titanium
Servers then-current rates) prior to the
commencement of any renewal period for such Services
as described in Section 3 of this Agreement and for
the amount of all other fees and charges (at
Titanium Servers then-current rates) as they become
payable pursuant to this Agreement. Services Fees
and all other fees and charges that become due
during any renewal period will be charged according
to your previous payment option and/or Payment
Process. All Payment Process payments are deemed
authorized by you and will be assessed in real time.
2.3 If Titanium Servers does not receive payment
from your Payment Processor (i.e., credit or debit
card issuer or other financial institution), you
agree to pay Titanium Servers all amounts due upon
demand. Titanium Servers may charge you for a late
payment fee equal to one and one-half percent (1.5%)
on any overdue balance, or the maximum amount
allowed by law if less, for each month or fraction
of a month the overdue amount remains unpaid.
Titanium Servers may also charge you for an
administrative fee for any returned checks or if
your Payment Processor declines payment. You agree
to pay Titanium Servers collection costs, including
reasonable attorneys’ fees, if Titanium Servers is
required to take action to collect any amounts that
you fail to pay when due pursuant to this Agreement.
2.4 Titanium Servers reserves the right to collect
any reversed charges initiated by you or your credit
card company, including disputed charges, service
fees, legal fees, late payments and other charges
determined by this agreement. The customers credit
card company, PayPal.com, and or financial
institution cannot waive your legal obligations in
this agreement. Any reverse charge or disputed
charge will constitute a breach of this agreement,
and the customer agrees to pay all fees, charges,
account balance, and lawyer fees associated with
said breach and the collection of said fee’s and
accounts. Accounts in dispute will automatically be
suspended and or terminated at Titanium Servers sole
discretion.
2.5 Titanium Servers may, in its sole and
exclusive discretion, immediately suspend or
terminate your Services without notice to you if you
fail to provide valid Payment Processor information
or authorization or fail to pay for any Services
when due. Titanium Servers may charge a Fifty Dollar
($50.00) fee to reinstate any Service that has been
suspended or terminated.
2.6 There is a non-refundable registration fee for
all new domains that you purchase through Titanium
Servers. Titanium Servers may automatically pay this
fee as well as all annual non-refundable renewal
fees (both fees also "Service Fees") up to fifteen
(15) days in advance of the renewal date on your
behalf provided your account is active and current.
These Service Fees will appear on your next billing
statement unless prior arrangements are made with
the Titanium Servers customer service department.
You agree that you are responsible for reimbursing
Titanium Servers for all Service Fees advanced on
your behalf.
3 Term and Termination:
3.1 The Agreement will continue for the term stated
in during the Sign-up Process or, if no term is
stated, on a month-to-month basis. The Agreement
will automatically renew for successive terms, each
equal in length to that of the initial term. Either
party may terminate this Agreement effective at the
end of the then current term, whether annual,
month-to-month or some other fixed term, upon at
least thirty (30) days notice prior to the end of
the then current term and such termination will be
effective upon expiration on the last day of the
then current term. The termination of this Agreement
will constitute the termination of all of your
Services.
3.2 If you breach any term of this Agreement
including, but not limited to, Section 2 (Fees and
Payment Terms) and Section 5 (Restrictions on Use),
Acceptable Usage Policy, Titanium Servers may, in
its sole and exclusive discretion, suspend or
terminate your Services immediately and without
notice to you. Service Fees may continue to accrue
on suspended accounts and you will continue to
remain responsible for the payment of any Service
Fees that accrue during the period of suspension.
3.3 IF THIS AGREEMENT IS TERMINATED FOR ANY REASON
PRIOR TO THE EXPIRATION OF THE INITIAL TERM,
TITANIUM SERVERS WILL NOT PROVIDE ANY REFUND OR
CREDIT TO YOU FOR ANY SERVICE FEES THAT YOU PAID IN
ADVANCE, BY CREDIT CARD OR OTHERWISE, AND TITANIUM
SERVERS WILL HAVE THE RIGHT TO CHARGE YOU FOR AN
ACCOUNT ADMINISTRATION FEE OF TWENTY DOLLARS
($20.00) WHICH FEE WILL NOT BE OFFSET BY ANY
PRE-PAID AMOUNTS. You authorize Titanium Servers, in
its sole and exclusive discretion, to charge your
Payment Process or forward an invoice to you
immediately upon the termination of this Agreement
for the amount of any Service Fees that are then
outstanding.
3.4 Titanium Servers reserves the right to
sell any domain name registered with our services
after an account is terminated without prior notice
to anyone. Titanium Servers in its sole discretion
determines domain eligibility for sale.
4 Warranty Disclaimers and Limitations of Liability:
YOU AGREE THAT THE WARRANTY DISCLAIMERS AND
LIMITATIONS OF LIABILITY PROVISIONS SET FORTH IN
THIS SECTION 4 ARE REASONABLE AND ARE FUNDAMENTAL
ELEMENTS OF THE AGREEMENT BETWEEN YOU AND TITANIUM
SERVERS. YOU ACKNOWLEDGE THAT TITANIUM SERVERS WOULD
NOT BE ABLE TO PROVIDE THE SERVICES ON AN ECONOMIC
BASIS WITHOUT SUCH DISCLAIMERS AND LIMITATIONS.
4.1 TITANIUM SERVERS PROVIDES THE SERVICES AND THE
LICENSED MATERIAL (AS DEFINED IN SECTION 7.2 BELOW)
TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS.
TITANIUM SERVERS MAKES NO EXPRESS WARRANTIES OF ANY
KIND AND DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING,
BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT REGARDING ANY SERVICES OR ANY
EQUIPMENT THAT TITANIUM SERVERS MAY PROVIDE TO YOU
OR REGARDING THE LICENSED MATERIAL. TITANIUM SERVERS
DOES NOT WARRANT THAT THE SERVICES, THE LICENSED
MATERIAL OR THE USE OF EITHER WILL BE WITHOUT
INTERRUPTION, ERROR-FREE OR FREE FROM VIRUSES OR
OTHER HARMFUL COMPONENTS. TITANIUM SERVERS MAKES NO
WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE SERVICES OR THE LICENSED
MATERIAL OR AS TO THE ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE
CONTAINED IN OR PROVIDED THROUGH THE SERVICES, THE
LICENSED MATERIAL OR THE INTERNET. TITANIUM SERVERS
IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY
LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED
EITHER TO OR FROM YOU OR STORED BY YOU OR ANY OF
YOUR CUSTOMERS VIA THE SERVICES PROVIDED BY TITANIUM
SERVERS. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN
BY TITANIUM SERVERS, ITS EMPLOYEES, REPRESENTATIVES,
AGENTS, AFFILLIATES OR CONTRACTORS WILL CREATE A
WARRANTY, EXPRESS OR IMPLIED, NOR MAY YOU RELY ON
ANY SUCH ADVICE OR INFORMATION. SOME STATES (UNITED
STATES ONLY) DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES. CONSEQUENTLY, THE ABOVE EXCLUSION MAY
NOT APPLY TO YOU TO THAT LIMITED EXTENT. YOU AGREE
THAT, IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH
RESPECT TO THE SERVICES, THE LICENSED MATERIAL OR
ANY EQUIPMENT THAT TITANIUM SERVERS MAY PROVIDE TO
YOU, ALL SUCH WARRANTIES WILL BE LIMITED IN DURATION
TO NINETY (90) DAYS FROM THE DATE THE SERVICE
COMMENCED OR THE LICENSED MATERIAL IS INSTALLED.
4.2 YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS
TITANIUM SERVERS AND ITS SUBSIDIARIES AND AFFILIATES
FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS,
LOSSES, DAMAGES, COSTS AND EXPENSES, INCLUDING, BUT
NOT LIMITED TO, REASONABLE ATTORNEYS’ FEES, RELATED
TO OR ARISING FROM: (I) YOUR AND YOUR END USERS’ USE
OF THE SERVICES AND/OR THE LICENSED MATERIAL; (II)
ANY VIOLATION OF THE AUP; (III) ANY BREACH BY YOU
ANY PROVISION OF THIS AGREEMENT; AND/OR (IV) ANY
ACTS OR OMISSIONS BY YOU.
4.3 Information obtained by you from the Internet
may be inaccurate, offensive or in some cases
illegal. Titanium Servers has no control over
information contained on the Internet and accepts no
responsibility for any information that you may
receive via the Internet.
4.4 You accept full responsibility to verify the
truth and accuracy, legality and ownership of the
information that you disseminate or display in
connection with your use of the Services or obtain
from the Internet.
4.5 You agree that if Titanium Servers takes any
corrective action under this Agreement in response
to your or your end users’ actions or failures to
act, that corrective action may adversely affect you
or your end users and you agree that Titanium
Servers shall have no liability to you or your end
users due to any corrective action taken by Titanium
Servers.
4.6 Titanium Servers strongly encourages you to
back-up your data regularly. You agree that Titanium
Servers has no obligation to back-up any data
related to your website unless Titanium Servers
expressly agrees otherwise in writing and you have
currently paid for such back-up Services. You agree
that you will regularly back-up your data whether or
not Titanium Servers has any obligation to do so.
You further agree that your failure to back-up your
data regularly will mitigate against any claim for
damages you may bring against Titanium Servers
relating to any loss of your data.
4.7 YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED
BY APPLICABLE LAW, YOU WILL NOT UNDER ANY
CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, HOLD TITANIUM SERVERS OR ITS LICENSORS
LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR
USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR
END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT
THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION
IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND
APPLY EVEN IF TITANIUM SERVERS HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE LIMITATION OR EXCLUSION OF
LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES;
YOU AGREE THAT IN THOSE JURISDICTIONS TITANIUM
SERVERS LIABILITY WILL BE LIMITED TO THE EXTENT
PERMITTED BY LAW.
4.8 YOU AGREE THAT YOU WILL NOT HOLD TITANIUM
SERVERS OR ITS LICENSORS LIABLE UNDER ANY
CIRCUMSTANCE FOR ANY DAMAGES THAT YOU SUFFER THAT
RESULT FROM (I) THE USE OF OR INABILITY TO USE THE
SERVICES OR LICENSED MATERIAL, (II) MISTAKES,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, LOSS OR
CORRUPTION OF DATA AND/OR BACK-UP DATA, FAILURE TO
PERFORM DATA BACK-UP FUNCTIONS (OTHER THAN THOSE
EXPRESSLY AGREED TO BY TITANIUM SERVERS AND
CURRENTLY PAID FOR BY YOU), ERRORS, VIRUSES,
DEFECTS, DELAYS IN OPERATION OR TRANSMISSION,
NON-DELIVERIES, MISDELIVERIES OR ANY FAILURE OF
PERFORMANCE, WHETHER OR NOT CAUSED BY TITANIUM
SERVERS NEGLIGENCE, ACTS OF GOD, ANY FAILURE OF
TITANIUM SERVERS NETWORK OR SYSTEMS, THEFT,
DESTRUCTION OR UNAUTHORIZED ACCESS TO TITANIUM
SERVERS RECORDS, PROGRAMS, EQUIPMENT OR SERVICES;
(III) YOUR ACTS OR OMISSIONS; OR (IV) THE ACTS OR
OMISSIONS OF THIRD PARTIES.
4.9 YOU AGREE THAT TITANIUM SERVERS MAXIMUM
LIABILITY TO YOU UNDER THIS AGREEMENT FOR ALL
DAMAGES, LOSSES, COSTS AND CAUSES OF ACTIONS FROM
ANY AND ALL CLAIMS (WHETHER IN CONTRACT, TORT OR
OTHER LEGAL THEORY) SHALL BE LIMITED TO THE LESSER
OF (A) THE TOTAL AMOUNT OF SERVICE FEES ACTUALLY
PAID BY YOU TO TITANIUM SERVERS FOR THE ONE MONTH
PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE
DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION
AROSE, (B) PROVEN DIRECT DAMAGES, AND (C) NOT
EXCEEDING ONE HUNDRED DOLLARS ($100.00).
4.10 Titanium Servers does not offer any uptime
guarantee. Any reference to uptime is merely an
illustration of averages using Multi Router Graphing
(MRTG), an industry standard in monitoring and
reporting. Because of the nature and volatility of
our services, we can’t guarantee uptime. Titanium
Servers does not offer a Service Level Agreement
(SLA) of any type.
4.11 The terms of this Section 4 shall
survive any termination of this Agreement.
5 Restrictions on Use:
5.1 Your use of the Services is subject to Titanium
Servers Acceptable Use Policy, as revised from time
to time (the "AUP"), which is incorporated herein by
reference. The AUP is available on Titanium Servers
website at www.titaniumservers.com. In the event of
any inconsistencies between this Agreement and the
AUP, the terms of the AUP shall govern.
5.2 Titanium Servers does not intend to
systematically monitor the content that is
submitted, stored, distributed or disseminated by
you via the Services (the "Your Content"). Your
Content includes content of your end users and/or
users of your website. Accordingly, you are
responsible for your end users’ content and all
activities on your website. Titanium Servers, in its
sole and exclusive discretion, may immediately take
corrective action, including, but not limited to,
removal of all or a portion of Your Content and
suspension and/or termination of your Services, in
the event of notice of any possible violation of the
AUP by you or your end users. You agree that
Titanium Servers will have no liability to you or
any of your end users due to any corrective action
that Titanium Servers may take and that you will not
be entitled to a refund of any fees paid in advance
prior to the corrective action.
5.3 You warrant that Your Content does not violate
or infringe any copyright, trademark, patent or
intellectual or other proprietary property right of
any third party or contain any obscene or libelous
material or otherwise violate any law or regulation.
5.4 Your use of networks or computing resources
provided to Titanium Servers by third party
providers and made available to you as part of the
Services is subject to the respective permission and
usage policies of such third parties.
5.5 You expressly (i) grant to Titanium Servers a
license to cache the entirety of Your Content and
your web site, including content supplied by third
parties, hosted by Titanium Servers under this
Agreement, and (ii) agree that such caching is not
an infringement of any of your intellectual property
rights or any third party's intellectual property
rights.
5.6 If Titanium Servers assigns to you an Internet
Protocol address for your use, you may use that
Internet Protocol address only as expressly
permitted by Titanium Servers in connection with
your use of the Services during the term of this
Agreement. Titanium Servers will maintain and
control ownership of all Internet Protocol numbers
and addresses that may be assigned to you by
Titanium Servers. Titanium Servers reserves the
right, in its sole and exclusive discretion, to
change or remove any and all such Internet Protocol
numbers and addresses.
5.7 You agree that you will not use excessive
amounts of CPU processing on any of Titanium Servers
systems. Titanium Servers, in its sole and exclusive
discretion, may immediately take corrective action,
including, but not limited to, assessment of
additional fees and suspension and/or termination of
Services, in the event you violate this policy. You
agree that Titanium Servers will have no liability
to you or any of your end users due to any
corrective action that Titanium Servers may take and
that you will not be entitled to a refund of any
fees paid in advance prior to the corrective action.
5.8 You agree that you will not use bandwidth and
disk usage amounts that exceed the limits applicable
to your Services as published on the Titanium
Servers website for the particular brand of Services
you ordered ("Agreed Usage"). Titanium Servers will
monitor your bandwidth and disk usage. Titanium
Servers, in its sole and exclusive discretion, may
immediately take corrective action, including, but
not limited to, assessment of additional fees and
suspension and/or termination of Services, in the
event you exceed the Agreed Usage. You agree that
Titanium Servers will have no liability to you or
any of your end users due to any corrective action
that Titanium Servers may take and that you will not
be entitled to a refund of any fees paid in advance
prior to the corrective action.
6 Trademarks and Proprietary Rights:
6.1 Titanium Servers and other pending and/or
registered trademarks and service marks, and other
graphics, logos, and service names used by Titanium
Servers in connection with the Services or other
products or services offered by Titanium Servers and
its subsidiaries and affiliates, to identify the
products or Services of Titanium Servers or its
subsidiaries and affiliates (collectively the
"Titanium Servers Trademarks") are the trademarks of
Titanium Servers and its subsidiaries and
affiliates. You agree not to use the Titanium
Servers Trademarks in connection with your products
or services, or any third-party’s products or
services, or in any manner that disparages or
discredits Titanium Servers. All other brands and
names (including third-party product names) used in
connection with the Services or other products or
services offered by Titanium Servers and its
subsidiaries and affiliates are the property of
their respective owners.
6.2 Titanium Servers acknowledges that it claims no
proprietary rights in Your Content or any
intellectual property right contained therein. You
acknowledge and agree that Titanium Servers and its
licensors own all right, title, and interest in: (a)
the Services and any other products or services
offered by Titanium Servers and its subsidiaries and
affiliates; (b) the technology available to you as
part of the Services; (c) and all content, including
but not limited to text, software, music, sound,
photographs, video, graphics, or other material
contained or maintained on the websites maintained
by Titanium Servers and its subsidiaries and
affiliates (collectively "Titanium Servers
Content"), excluding Your Content.
7 License:
7.1 This Section 7 (the "License") applies to you
only if you use software licensed to you in
connection with the Services and is in addition to
and not in lieu of all other Terms of Service that
govern your Services.
7.2 In connection with the Services, Titanium
Servers may make available to you the Titanium
Servers Content, certain technology and software
owned by Titanium Servers or third parties (which
may include corresponding documentation, associated
software components, media, printed materials, and
"online" and electronic documentation and all
updates and upgrades thereto) (the "Licensed
Material"). You agree that the Licensed Material is
the exclusive property of Titanium Servers and its
licensors and is protected by copyright laws and
international copyright treaties, as well as other
intellectual property laws and treaties.
7.3 Titanium Servers grants to you the non-exclusive
right to install the Licensed Material on a single
computer; or install and store the Licensed Material
on a single storage device, such as a network
server, used only to install the Licensed Material
on your other computers over an internal network,
provided you have a license for each separate
computer on which the Licensed Material is installed
and run. The Licensed Material is licensed, not
sold. The license for the Licensed Material may not
be shared, installed or used concurrently on
different computers. In the event the Licensed
Material is distributed along with other Titanium
Servers Licensed Materials as part of a suite of
products (collectively, the "Suite"), the license of
the Suite is licensed as a single product and none
of the products in the Suite, including the Licensed
Material, may be separated for installation or use
on more than one computer.
7.4 You may not remove or alter any copyright
notices on any copies of the Licensed Material. You
may not make or distribute copies of the Licensed
Material to third parties or electronically transfer
the Licensed Material from one computer to another
or over a network. You may not alter, merge, modify,
adapt or translate the Licensed Material, or reverse
engineer, decompile, or disassemble the Licensed
Material, except and only to the extent that such
activity is expressly permitted by applicable law
notwithstanding this limitation. You may not modify
the Licensed Material or create derivative works
based upon the Licensed Material. You may not sell,
rent, lease, lend, assign, transfer or sublicense
the Licensed Material. You must comply with all
applicable laws regarding use of the Licensed
Material. Titanium Servers may provide you with
support services related to the Licensed Material
("Support Services"). Use of Support Services is
governed by the Terms of Service. Any supplemental
software code Titanium Servers provides to you as
part of the Support Services will be considered part
of the Licensed Material and subject to the terms
and conditions of this License. With respect to
technical information you provide to Titanium
Servers as part of the Support Services, Titanium
Servers may use such information in compliance with
its Privacy Policy.
7.5 Without prejudice to any other rights, Titanium
Servers may, in its sole and exclusive discretion,
terminate this License if you fail to comply with
the terms and conditions of this License. In such
event, you must destroy all copies of the Licensed
Material. All other rights of both parties and all
other provisions of this License will survive any
termination.
7.6 The foregoing license gives you limited license
to use the Licensed Material. Titanium Servers and
its licensors retain all right, title and interest,
including, but not limited to, copyright and
intellectual property rights, in and to the Licensed
Material and any copies thereof. All title and
intellectual property rights in and to the content
that may be accessed through use of the Licensed
Material are the property of the respective content
owner and may be protected by applicable copyright
or other intellectual property laws and treaties.
This License grants you no rights to use such
content. Titanium Servers and its licensors reserve
all rights not expressly granted.
7.7 The Licensed Material is provided with
"RESTRICTED RIGHTS" applicable to private and public
licensees alike. Without limiting the foregoing,
use, duplication, or disclosure by the United States
Government is subject to restrictions as set forth
in this License and as provided in subparagraph
(c)(1)(ii) of the Rights in Technical Data and
Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial
Computer Software Restricted Rights at 48 CFR
52.227-19, as applicable.
7.8 You agree that you will not export or re-export
the Licensed Material to any country, person, entity
or end user prohibited by the United States Export
Administration Act and the regulations promulgated
thereunder. Restricted countries currently include,
but are not necessarily limited to Afghanistan,
Cuba, Iran, Iraq, Libya, North Korea, Sudan, and
Syria. You represent and warrant that neither the
United States Bureau of Export Administration nor
any other federal agency has suspended, revoked or
denied your export privileges.
7.9 The Licensed Material may contain third party
software that require notices and/or additional
terms and conditions. All required third party
software notices and/or terms and conditions are
made a part of and incorporated by reference into
this License.
8 Indemnification:
8.1 Customer agrees to indemnify, defend and hold
harmless Titanium Servers and its parent, subsidiary
and affiliated companies, and each of their
respective officers, directors, employees,
shareholders 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 (i) Customer's use of
the Services, (ii) any violation by Customer of the
Usage Policy, (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.
9 Limitation of Liability:
9.1 Customer agrees that no Titanium Servers Person,
under any circumstances, shall be held responsible
or liable for situations where the Services are
accessed by third parties through illegal or illicit
means, including situations where such data is
accessed through the exploitation of security gaps,
weaknesses or flaws (whether known or unknown to
Titanium Servers at the time) which may exist in the
Services or Titanium Servers equipment used to
provide the Services.
9.2 Under no circumstances, including negligence,
shall any Titanium Servers Person be liable for any
indirect, incidental, special, consequential or
punitive damages, or loss of profits, revenue, data
or use by Customer, any of its customers, any
Reseller Customer or any other third party, whether
in an action in contract or tort or strict liability
or other legal theory, even if Titanium Servers has
been advised of the possibility of such damages. No
Titanium Servers Person shall be liable to Customer,
any of its customers, any Reseller Customer or any
other third party, for any loss or damages that
result or are alleged to have resulted from the use
of or inability to use the Services, or that results
from mistakes, omissions, interruptions, deletion of
files, loss of data, errors, viruses, defects,
delays in operations, or transmission or any failure
of performance, whether or not limited to acts of
God, communications failure, theft, destruction or
unauthorized access to Titanium Servers records,
programs, equipment or services.
9.3 Customer understands, acknowledges and agrees
that if Titanium Servers takes any corrective action
under this Agreement because of an action of
Customer or one if its customer or a Reseller
Customer, that corrective action may adversely
affect other customers of Customer or other Reseller
Customers, and Customer agrees that Titanium Servers
shall have no liability to Customer, any of its
customers or any Reseller Customer due to such
corrective action by Titanium Servers.
9.4 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.
10 Force Majeure:
10.1 Titanium Servers shall not be liable for
failure or delay in performing it obligations
hereunder if such failure or delay is due to
circumstances beyond its reasonable control,
including, without limitation, acts of any
governmental body, war, insurrection, sabotage,
embargo, fire, flood, strike or other labor
disturbance, interruption of or delay in
transportation, unavailability of, interruption or
delay in telecommunications or third party services
(including DNS propagation), failure of third party
software or hardware or inability to obtain raw
materials, supplies or power used in or equipment
needed for provision of the Services.
11 Governing Law; Jurisdiction:
11.1 Washington law shall govern this Agreement, and
any dispute arising from the relationship between
the parties to this Agreement, excluding any laws
that direct the application of another
jurisdiction's laws. In any litigation, arbitration,
or other proceeding by which one party either seeks
to enforce its rights under this Agreement (whether
in contract, tort, or both) or seeks a declaration
of any rights or obligations under this Agreement,
the prevailing party shall be awarded its reasonable
attorney fees, and cost and expenses incurred,
subject to the Limitation of Liabilities clause. The
parties consent to the exclusive jurisdiction and
venue of the courts of the State of Washington or to
any Federal Court located within the State of
Washington.
12 Assignment:
12.1 Customer shall not have the right to assign
this Agreement without the prior written consent of
Titanium Servers. This Agreement shall be binding
upon and inure to the benefit of Customer and
Titanium Servers and their successors and permitted
assigns.
13 Severability:
13.1 This Agreement, together with the Order Form
and any other documents or agreements specifically
identified in this Agreement, represents the entire
agreement between the parties, and supersedes all
previous representations, understandings or
agreements. If any provision of this Agreement shall
be held by a court of competent jurisdiction to be
invalid, unenforceable, or void, the remainder of
this Agreement shall remain in full force and
effect.
13.2 Customer hereby represents that he, she or it
is either, an individual entering this Agreement for
his or her personal use and is over 18 years of age,
or a corporation, limited partnership or other legal
entity, duly organized, validly existing and in good
standing under the laws of the state of its
organization and the person acting on behalf of
Customer is duly authorized to accept, execute and
deliver this Agreement on behalf of Customer.
14
Modification
of
Terms:
14.1
Titanium
Servers
reserves
the
right to
modify
this
policy
at any
time and
without
advance
notice,
effective
upon
making
the
modified
provisions
available
on the
Titanium
Servers
Website.
You are
responsible
for
regularly
reviewing
these
documents.
Continued
use of
the
Titanium
Servers
Services
after
any such
changes
shall
constitute
your
consent
to such
changes.
Titanium
Servers
does not
and will
not
assume
any
obligation
to
notify
you of
any
changes
to the
Terms of
Service.
ACCEPTED
BY
COMPANY
July
3rd,
2006
Amendment:
Acceptable
Use
Policy
(JULY
7th
2006)
Titanium
Servers
maintains
this
Acceptable
Use
Policy
("AUP")
to
provide
users of
its
Services
(as such
term is
defined
in the
Terms of
Service
located
at
http://www.titaniumservers.com
for
purposes
of this
AUP, the
term
"Services"
shall
also be
deemed
to
include
Titanium
Servers
various
systems
and
network)
with a
clear
statement
of rules
and use
restrictions
that
apply to
the use
of
Titanium
Servers
Services.
This AUP
forms an
integral
part of
the
Terms of
Service
that
govern
your use
of
Titanium
Servers
Services.
Your
compliance
with and
cooperation
in
Titanium
Servers
enforcement
of this
AUP is
an
express
condition
to your
continuing
contractual
rights
to use
Titanium
Servers
Services.
This AUP
also
applies
to your
employees,
agents,
contractors
and end
users.
The
evolving
nature
of the
Internet
and
on-line
commerce
makes it
necessary
for
Titanium
Servers
to
reserve
the
right to
make
changes
to this
AUP at
any
time.
You
agree
that any
changes
will be
effective
when
posted
on-line
at this
location
and that
your
continued
use of
Titanium
Servers
Services
will
constitute
your
acceptance
of any
changes
or
additions
to this
AUP. You
may
determine
the date
of
posting
at the
Effective
Date
section
at the
end of
this
AUP.
This AUP
is not
intended
to
address
all
possible
unacceptable
uses of
Titanium
Servers
Services.
As a
result,
Titanium
Servers
reserves
complete
discretion
to
determine
what
constitutes
an
unacceptable
use of
its
Services
and
reserves
the
right to
suspend
or
terminate
your
Services,
or take
such
other
action
as
Titanium
Servers
deems
appropriate
in its
sole
discretion.
Prohibited
Uses
YOUR USE
OF
TITANIUM
SERVERS
SERVICES
MAY NOT
VIOLATE
ANY OF
THE
FOLLOWING
PROVISIONS.
TITANIUM
SERVERS
MAY
SUSPEND
OR
TERMINATE
YOUR
SERVICES
IF IT
DETERMINES,
IN ITS
SOLE AND
EXCLUSIVE
DISCRETION,
THAT YOU
HAVE
ENGAGED
IN ANY
ACTIVITY
THAT
VIOLATES
THIS
AUP. YOU
VIOLATE
THIS AUP
WHEN
YOU,
YOUR END
USERS OR
ANY
THIRD
PARTY
ACTING
ON YOUR
OR YOUR
END
USERS’
BEHALF,
ENGAGE
IN ANY
ACTIVITY,
DIRECTLY
OR
INDIRECTLY,
OR
ATTEMPT
TO
ENGAGE
IN AN
ACTIVITY,
WHETHER
SUCCESSFULLY
OR
OTHERWISE,
CONTRARY
TO THE
TERMS OF
THIS
AUP.
TITANIUM
SERVERS
WILL NOT
INTERVENE
OR
BECOME
INVOLVED
IN ANY
DISPUTES
BETWEEN
YOU AND
A THIRD
PARTY.
CONSEQUENTLY,
TITANIUM
SERVERS
RESERVES
THE
RIGHT,
IN ITS
SOLE AND
EXCLUSIVE
DISCRETION,
TO
SUSPEND
OR
TERMINATE
YOUR
SERVICES
UPON ITS
RECEIPT
OF ANY
THIRD
PARTY
COMPLAINT
THAT YOU
HAVE
ENGAGED
IN ANY
ACTIVITY
THAT
VIOLATES
THIS
AUP,
THAT MAY
OTHERWISE
SUBJECT
TITANIUM
SERVERS
TO
LIABILITY
FOR ANY
REASON,
OR THAT
MAY
CAUSE
TITANIUM
SERVERS
TO INCUR
LEGAL
FEES OR
OTHER
EXPENSES.
TITANIUM
SERVERS
MAY
SUSPEND
AND
TERMINATE
YOUR
SERVICES
UNDER
THIS AUP
WITHOUT
NOTICE
TO YOU
AND YOUR
END
USERS.
TITANIUM
SERVERS
MAY ALSO
REPORT
YOUR
ACTIVITIES
TO
FEDERAL
AND/OR
STATE
LAW
ENFORCEMENT
AGENCIES.
Lawful
Purpose
You may
use
Titanium
Servers
Services
only for
lawful
purposes.
You may
not
transmit,
store or
present
any
information,
software,
data,
file or
material
in
violation
of any
applicable
law or
regulation.
You may
not use
Titanium
Servers
Services
to
facilitate,
or
otherwise
assist
in, the
violation
of any
law or
regulation.
Spamming
and
Related
Activities
Titanium
Servers
strictly
prohibits
your use
of
Titanium
Servers
Services
to
transmit
SPAM or
to host
a site
that is
advertised
or
announced
via
SPAM.
"SPAM"
is any
form of
unsolicited
advertisement
or
informational
announcement
that is
transmitted,
whether
singularly
or in
bulk,
via any
Internet-based
communications
medium
including,
but not
limited
to,
Microsoft
Messenger
Service;
Chat
Programs
such as
AIM, YIM
and MSN;
e-mail,
Internet
facsimile,
Internet
phone,
instant
and text
messaging
(SMS)
and IRC
applications.
Activities
that
violate
this
policy
may also
subject
you to
civil
liability
to third
parties
and to
criminal
penalties.
Permission
Based
Communications
You may
use
Titanium
Servers
Services
to
transmit
permission-based
communications
for
purposes
of
marketing
your
goods
and
services,
provided
that you
otherwise
comply
with the
standards
set out
in this
AUP and
all
applicable
laws
including,
but not
limited
to, the
CAN-SPAM
Act. All
marketing
conducted
using
Titanium
Servers
Services
must be
permission
(opt-in)
based.
You must
keep
adequate
and
verifiable
records
to prove
that
your
marketing
is
strictly
permission-based.
In
addition,
should
you
purchase
mailing
lists or
other
types of
data
that are
to be
used to
contact
third
parties
via
Titanium
Servers
Services,
you must
verify
that the
lists
have
been
compiled
on a
strict
"opt-in"
basis.
In
addition
to the
foregoing
general
requirements,
all
permission-based
communications
sent
using
Titanium
Servers
Services
must
include
the
following
(and you
are
required
to take
the
corresponding
actions
set
forth
below):
A
working
"unsubscribe"
link.
(You
must
honor
all
unsubscribe
requests
within
72 hours
from the
time
they
enter
Titanium
Servers
Services.)
The
recipient’s
accurate
e-mail
address
in the
"to"
line and
the
sender’s
accurate
e-mail
address
in the
"from"
line.
A
working
link to
your
privacy
policy.
A
working
"abuse"
address
and/or
link.
(You
must
answer
all
complaints
forwarded
to this
address
within
72 hours
from the
time
they
enter
Titanium
Servers
Services.)
An
up-to-date
website
that
corresponds
with the
domain
portion
of the
response
e-mail.
Your
website
must
conspicuously
display
your
up-to-date
mailing
address,
telephone
number
and
facsimile
number.
You are
solely
responsible
for the
transmission
of all
such
permission-based
communications.
Titanium
Servers
reserves
the
right to
suspend
or
terminate
your
Services
in the
event
Titanium
Servers
receives
an
excessive
number
of
complaints
related
to your
permission-based
communications,
whether
such
complaints
are made
by
parties
whom
"opt-in"
or
otherwise.
You
agree
that
Titanium
Servers
may
determine
what
constitutes
an
excessive
number
of
complaints
in its
sole and
exclusive
discretion.
Copyright
Infringement
You may
not use
Titanium
Servers
Services
in any
manner
that
infringes
upon the
rights
of a
third
party
under
federal
and
foreign
copyright
laws.
Titanium
Servers
is
registered
with the
United
States
Copyright
Office
pursuant
to the
Digital
Millennium
Copyright
Act
("DMCA").
If a
copyright
owner
believes
in good
faith
that
Titanium
Servers
is the
hosting
provider
of
material
that
infringes
that
copyright,
the
copyright
owner
may
submit a
written
notification
of
claimed
infringement
to
Titanium
Servers
designated
copyright
agent:
By Mail:
Bryan
Caddy,
CEO
Titanium
Servers,
LLC.
1113 NW
52ND
STREET
Vancouver,
WA 98663
By
E-mail:
mailto:ceo@titaniumservers.com
PLEASE
NOTE:
The
designated
copyright
agent is
appointed
solely
for the
purpose
of
receiving
notices
of
copyright
claims
submitted
pursuant
to the
DMCA. No
other
notices
or
communications
should
be
forwarded
to the
designated
copyright
agent.
The DMCA
contains
very
specific
guidelines
as to
what
proper
notification
of
claimed
infringement
must
contain.
Copyright
owners
may
obtain a
copy of
the
DMCA,
including
these
guidelines,
by
visiting
the web
site of
the U.S.
Copyright
Office
at
http://www.copyright.gov/title17/92chap5.html#512.
Titanium
Servers
is not
required
to
respond
to
notices
that do
not meet
the
requirements
of the
DMCA.
Copyright
owners
should
be aware
that
there
are
substantial
penalties
for
false
claims
and that
Titanium
Servers
will
actively
refer
complainants
who use
the DMCA
for
improper
purposes
to
relevant
law
enforcement
agencies.
In the
event
that
Titanium
Servers
must
remove,
or
disable
access
to,
material
on your
web site
that is
alleged
to
infringe
another’s
copyright
under
the
DMCA,
you
acknowledge
and
agree
that
Titanium
Servers
may do
so by
disabling
access
to your
entire
web
site.
Violations
of Other
Intellectual
Property
Rights
You may
not use
Titanium
Servers
Services
in any
manner
that
infringes
or
misappropriates
any
other
intellectual
property
rights
of a
third
party
including,
but not
limited
to,
trademarks,
trade
names,
trade
dress,
logos,
domain
names,
patents,
trade
secrets
and
other
proprietary
rights
of a
third
party.
Although
Titanium
Servers
reserves
the
right to
suspend
or
terminate
your
Services
upon its
receipt
of a
third
party
claim
that
alleges
that you
are
using
Titanium
Servers
Services
in a
manner
that
infringes
such
third
party’s
intellectual
property
rights,
Titanium
Servers
may, in
its sole
and
exclusive
discretion,
allow
you to
continue
use of
its
Services
provided
that you
confirm
in a
timely
manner
that you
have
discontinued
the
allegedly
infringing
activities
or
provide
Titanium
Servers
with a
court
order
confirming
that
your
activities
do not
infringe
the
intellectual
property
rights
of such
third
party.
Defamation
and
Harassment
You may
not use
Titanium
Servers
Services
to
defame,
harass,
abuse,
libel,
slander
or
threaten
a third
party.
Complaints
about
activity
in
violation
of this
policy
engaged
in by
Titanium
Servers
customers
or end
users
may be
directed
to
sales@titaniumservers.com
Child
Pornography
You may
not use
Titanium
Servers
Services
to
disseminate
or
display
images
or other
content
that
constitutes
child
pornography
under
United
States
laws.
Titanium
Servers
applies
a zero
tolerance
policy
to the
enforcement
of this
prohibition.
Titanium
Servers
takes an
active
role in
cooperating
with law
enforcement
officials
in their
efforts
to
prosecute
violations
of
statutes
that
prohibit
the
dissemination
of child
pornography.
Titanium
Servers
reports
the use
of its
Services
to
disseminate
or
display
child
pornography
as
required
by law.
You will
not be
notified
that
Titanium
Servers
may be
cooperating
with law
enforcement
or that
Titanium
Servers
has
reported
the use
of its
Services
in this
manner.
For
further
information
about
child
pornography,
you may
visit
the web
site of
the
National
Center
for
Missing
and
Exploited
Children
at
www.ncmec.org.
Complaints
about
activity
in
violation
of this
policy
engaged
in by
Titanium
Servers
customers
or end
users
may be
directed
to
sales@titaniumservers.com
Disruptive
or
Abusive
Activity
You may
not use
Titanium
Servers
Services:
To
forge,
misrepresent,
omit, or
delete
message
headers,
return
mailing
information
and/or
Internet
Protocol
addresses
to
conceal
or
misidentify
the
origin
of a
message;
to
create
or
transmit
any
Internet
virus,
worm,
Trojan
horse or
computer
code
intended
to
disrupt
services,
destroy
data,
destroy
or
damage
equipment,
or
disrupt
the
operations
of the
Services;
to
maintain
open
mail
relays,
forward
or
propagate
"chain"
mail or
mail
bomb; to
engage
in
denial
of
service
attacks
including,
but not
limited
to
transmitting
packets
with an
illegal
packet
size,
UDP
flooding,
ping-flooding,
half-open
TCP
connection
flooding
and any
other
use, or
otherwise
interfere
with an
Internet
user’s
terminal
session;
in a
manner
that
encumbers
or
utilizes
disk
space,
processors
or other
system
requirements
beyond
those
allowed
by your
specific
account;
to
establish,
create
or
otherwise
make
available
any
Internet
Relay
Chat
(IRC)
server;
to hack,
subvert,
or
assist
others
in
hacking
or
subverting
the
security
or
integrity
of
Titanium
Servers
Services;
to
disseminate
or
display
indecent
or
obscene
images
or
content;
to
solicit
information
that is
considered
to be
confidential,
such as
passwords
or
credit
card
information,
or to
crack
passwords
or to
defraud
third
parties
into
releasing
their
passwords;
to
solicit
or
facilitate
the
performance
of any
illegal
activity,
even if
the
activity
itself
is not
performed;
and/or
in any
manner
that
might
potentially
subject
Titanium
Servers
to
unfavorable
regulatory
action,
subject
Titanium
Servers
to any
liability
for any
reason,
or
adversely
affect
Titanium
Servers
public
image,
reputation,
goodwill,
business
or
operations.
United
States
Export
Laws
United
States
export
control
laws
govern
your use
of
Titanium
Servers
Services.
These
laws
apply to
you and
your use
of
Titanium
Servers
Services
regardless
of
whether
you
actually
reside
in the
United
States.
You may
not use
Titanium
Servers
Services
for any
purpose
that
violates
these
laws,
which
may
include
the sale
of
products
that may
be legal
to sell
in the
United
States,
but
illegal
to
export.
You may
not use
Titanium
Servers
Services
to
provide
services
to end
users
with
whom
United
States
citizens
may not
do
business.
For
further
information
about
United
States
export
laws,
you may
visit
the
United
States
government’s
portal
to
exporting
and
trade
services
at
http://www.export.gov/exportcontrols.html.
Privacy
Titanium
Servers
privacy
policy
may be
found at
http://www.titaniumservers.com.
While
Titanium
Servers
is
concerned
with the
privacy
of
on-line
communications
and
websites,
the
Internet
is no
more
secure
than
other
means of
communications.
You
should
assume
that all
on-line
communications
are
insecure.
Titanium
Servers
is not
responsible
for the
security
of any
information
transmitted
over its
Services,
unless
it has
expressly
agreed
to do
so. Such
an
agreement
must be
in
writing
and
signed
by an
authorized
officer
of
Titanium
Servers.
IP
Addresses
In
connection
with
your use
of
Titanium
Servers
Services,
you may
only use
IP
addresses
that are
assigned
to you
by
Titanium
Servers.
If you
use IP
addresses
that are
not
assigned
to you
by
Titanium
Servers,
Titanium
Servers
will
suspend
your
Services
from
network
access
until
such
time as
the IP
address
overlap
is
corrected.
Titanium
Servers
owns all
IP
addresses
that may
be
assigned
to you
by
Titanium
Servers.
Titanium
Servers
may, in
its sole
discretion,
change
these
numbers
from
time to
time
without
notice
to you.
Certain
Restrictions
Applicable
to
Shared
Customers
If you
are the
registered
owner of
an
Titanium
Servers
shared
account:
Your
Services
may not
be
transferred
or used
by
anyone
other
than
you. You
may not
sell,
lease or
assign
the
Services
or any
part of
the
Services
to any
party
not
named in
Titanium
Servers
records.
You may
allow
ftp
access
and host
websites
for your
end
customers
without
violating
this
AUP.
When you
utilize
an
excessive
amount
of
system
resources,
Titanium
Servers
reserves
the
right to
place
CPU
process
limits
on your
account
to
prevent
disruption
of
Titanium
Servers
Services
to other
customers.
Titanium
Servers
reserves
sole
discretion
to
determine
what
constitutes
excessive
usage of
system
resources.
Certain
Restrictions
Applicable
to
Dedicated
Customers
If you
are the
registered
owner of
Titanium
Servers
dedicated
server
account:
You are
solely
responsible
for any
breaches
of
security
affecting
servers
under
your
control.
If your
server
is
involved
in an
attack
on
another
server
or
system,
it may
be shut
down and
Titanium
Servers
may
launch
an
investigation
to
determine
the
cause
and
source
of the
attack.
In such
an
event,
you are
responsible
for all
costs to
rectify
any
damage
done to
your
server
and any
other
requirement
affected
by the
security
breach.
You
acknowledge
and
agree
that
Titanium
Servers
will not
be
liable
to you
or your
end
users
for any
loss or
corruption
of data
or
information,
inability
to
access
the
Internet
or
Titanium
Servers
Services
or
inability
to
transmit
or
receive
information
as a
result
of any
actions
taken by
Titanium
Servers
in
response
to such
security
breaches.
This
foregoing
sentence
may not
be
construed
to
diminish
or amend
any
limitations
of
liability,
or
restrict
the
applicability
of such
limitations,
as to
Titanium
Servers
that are
set
forth in
the
Terms of
Service
or any
other
agreement
between
you and
Titanium
Servers.
No
Credits
or
Refunds
for
Suspension
and/or
Termination
of
Services
Titanium
Servers
does not
issue
credits
or
refunds
for
outages
incurred
as a
result
of its
decision
to
suspend
or
terminate
its
Services
for a
violation
of this
AUP. You
agree to
indemnify,
defend
and hold
harmless
Titanium
Servers
from any
claims
by your
end
users
and any
third
party
that
they
have
been
damaged
by
reason
of such
suspension
or
termination
of
Titanium
Servers
Services.
Monitoring
of
Services;
Cooperation
with Law
Enforcement;
Legal
Documents
You are
solely
responsible
for
ensuring
that
materials
disseminated
or
posted
using
Titanium
Servers
Services
comply
with
this AUP
and all
applicable
laws and
regulations.
Titanium
Servers
does not
review,
edit,
censor
or take
responsibility
for any
information
you,
other
customers
or your
end
users
may
create.
Titanium
Servers
may
disclose
information,
including
information
that you
may
consider
confidential,
in order
to
comply
with a
court
order,
subpoena,
summons,
discovery
request,
warrant,
regulation
or
governmental
request.
Titanium
Servers
assumes
no
obligation
to
inform
you that
such
information
has been
provided
and, in
some
cases,
may be
prohibited
by law
from
providing
you with
notice.
On
occasion,
Titanium
Servers
may have
a need
to
communicate
with you
about
issues
that
relate
to
billing,
service
changes,
additions
and
modifications
to its
Services.
Titanium
Servers
may
choose
the
method
of such
communication
in its
sole
discretion.
The
preferred
method
of
communication
is via
e-mail.
It is
your
responsibility
to
provide
and
check
the
account
and
contact
information,
including
a
required
valid
e-mail
address,
that you
provide
to
Titanium
Servers
during
the
sign-up
process.
It is
your
responsibility
to
inform
Titanium
Servers
promptly
of any
changes
to your
account
or
contact
information.
Titanium
Servers
has no
responsibility
for
communications
that are
misdirected
as a
result
of your
failure
to
provide
Titanium
Servers
with
updated
contact
information.
ACCEPTED
BY
COMPANY
Bryan L.
Caddy
CEO, President
July 7th, 2006
Contact us at our Help Desk located at
www.titaniumservers.com if
your question was not answered in this Policy.
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