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User Contract

IMPORTANT-READ CAREFULLY This is an Titanium Server Sponsorship Agreement and is a legal agreement between you (either an individual or a single entity) and Titanium Servers LLC. ("TitaniumServers.com") for the sponsorship identified above, which includes services and computer software and may include associated media, printed materials, and "online" or electronic documentation (collectively, "SERVICES"). YOU AGREE TO THE TERMS OF THIS AGREEMENT BY USING THE SERVICES AND COLLECTIVE MATERIALS. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT USE THE SERVICES AND COLLECTIVE MATERIALS. Titanium Servers will make a good faith effort to satisfy both reader and sponsor needs and expectations from this site. Titanium Servers service is provided "as-is" without warranties of any kind, either express or implied, including accuracy, fitness for a particular purpose, reliability, or availability. Titanium Servers and its officers, directors, employees, representatives and affiliates disclaims any liability for any damage arising out of use or sponsorship of its directory services. Titanium Servers reserves the right to refuse or terminate sponsorship for any reason at any time. If a current sponsorship is terminated, Titanium Servers shall refund to the sponsor the remaining balance in whole months of the unexpired sponsorship fees. If a sponsor is dissatisfied for any reason with the sponsorship program, the sponsor may cancel the sponsorship in writing with 30 days notice and may receive a refund of the remaining balance in whole months of the unexpired sponsorship fees. Design, layout, location and relocation of sponsor names, icons, logos, and local pages is under the sole control and discretion of Titanium Servers. Payment for sponsorship is only accepted by approved credit card using the online order forms for each type of sponsorship. Links to each order form are found on the Sponsorship Page under the price column. Currently active sponsorships shall be automatically renewed at time of their anniversary unless cancelled in writing 30 days in advance. Sponsorship fees are subject to change without notice. Fees will not be raised on currently active and prepaid monthly, quarterly and annual sponsorship agreements. MERCHANDISING You understand and agree that Titanium Servers logo shall appear on any and all merchandise that your organization uses to promote itself or otherwise merchandises. You agree that the Titanium Servers logo shall appear topmost to any other logo and that its dimensions are larger than any other logos appearing on such promotional items or merchandise. PROMOTION You agree and understand that all services provided under this sponsorship will be used to promote Titanium Servers and its suppliers by any and all means possible. Services must promote and advertise Titanium Servers and its suppliers as defined upon instruction by Titanium Servers. You must also add the banner advertisement code into your website so it is visible without having to scroll horizontally or vertically in the browser at 1024x768 screen resolution. The code is made available. You agree and understand that anytime you and/or your organization gives interviews to press or publicly speaks in any verbal or written way, you mention the sponsorship of TitaniumServers.com. LOGO AND TRADEMARK GUIDELINES Logos are extremely important assets to all companies, and this is no exception. As the most visible form of our brand identity, they represent the intellectual resources, high standards and corporate values we have established. As a sponsored organization, you must observe the legal restrictions outlined below. Logos distributed with this document may be used under these guidelines only by you to incorporate into your merchandising and promotional materials as outlined in this agreement. Any use of the artwork outside of these guidelines is strictly prohibited. GUIDELINES AND RESTRICTIONS FOR USING THE LOGOS 1. The logos may only be used in close proximity to, or in obvious connection with, your sponsored organization. 2. The logos may not be copied, distributed or used apart from the usage of said logos on your merchandise and promotional related materials. For example, you may not redistribute the logo in hard copy or electronic form or make it available online for others to copy. 3. The logos must be used as provided by Titanium Servers with no changes, including, but not limited to, changes in the color, proportion, or design, or removal of any words, artwork, or trademark symbols. The logos may not be animated, morphed, or otherwise distorted in perspective or appearance. 4. To properly present a logo, a minimum clearance between the logo and other elements must be maintained. For example, the amount of clear or "empty" space that surrounds the logo should be at least equal to ½ the height of the logo (including the wording). Some logos are comprised of both text and graphics. Such logos should be displayed in their entirety; do not delete any text that surrounds such logos. 5. The logo must stand alone and may not be combined with any other object, including, but not limited to, other logos, words, graphics, photos, slogans, numbers, design features, or symbols. LOGO GUIDELINES FOR WEBSITES 1. Except as Titanium Servers may authorize elsewhere, non-Titanium Servers owned web sites may display only the logo provided ("Logo"). By displaying the Logo, you agree to be bound by these policies. 2. You may only display the Logo on your web site, and not in any other manner. It must always be an active link to http://www.titaniumservers.com. 3. The Logo gif includes the word "OFFICIAL SPONSOR" describing the significance of the Logo on your site (i.e., the Logo is an endorsement of your site). You may not remove or alter this, or any other element of the Logo. 4. Your web page title and other trademarks and logos must appear at least as prominent as the Logo. 5. The Logo must appear by itself, with a minimum spacing (1/4 the height of the Logo) between each side of the Logo and other graphic or textual elements on your page. The Logo may not be used as a feature or design element of any other logo. 6. You may not alter the Logo in any manner, including size, proportions, colors, elements, etc., or animate morph or otherwise distort its perspective or appearance. 7. The logo must be visible on the homepage of the website without having to scroll the browser vertically or horizontally at 1024x768 monitor resolution. 8. You may not display the Logo on any site that disparages Titanium Servers or its subsidiaries or its products or services, infringes any Titanium Servers intellectual property or other rights, or violates any state, federal or international law. 9. These Policies do not grant any rights in any logos or trademarks beyond the limited permission to display the Logo granted herein. Titanium Servers reserves the right in its sole discretion to terminate or modify your permission to display the Logo at any time. 10. Titanium Servers reserves the right to take action against any use that does not conform to these Policies, infringes any Titanium Servers intellectual property or other right, or violates other applicable law. 11. TITANIUM SERVERS DISCLAIMS ANY WARRANTIES THAT MAY BE EXPRESSED OR IMPLIED BY LAW REGARDING THE LOGO, INCLUDING WARRANTIES AGAINST INFRINGEMENT. UPDATES AND MODIFICATIONS TO SPONSORSHIP AGREEMENT You agree and understand that Titanium Servers may from time to time make updates and modifications to this sponsorship agreement without notice. Titanium Servers will however, make its best effort to notify sponsored organizations about such changes after they have been made. You also agree that you will adhere to such modifications and terms appended to your sponsorship agreement. DESCRIPTION OF RIGHTS AND LIMITATIONS * Termination. The term of this agreement shall commence upon your using the SERVICES ("Effective Date") and/or the date in which payment is made for your financial obligation identified above for the sponsorship services and shall automatically terminate one hundred eighty (180) days from the Effective Date unless extended in writing by Titanium Servers or if terminated earlier by Titanium Servers in writing at any time, with or without cause. Upon the termination of this agreement, you shall cease usage of the provided SERVICES. * Rental. You may not rent, lease, lend, or sell the SERVICES. * Sponsorship Transfer. You may not transfer any of the rights granted to you under this agreement to any third party. * Support Services. Titanium Servers is not obligated to provide technical or other support ("Support Services") for the SERVICES. If Titanium Servers should provide you with Support Services, use of such Support Services are governed by the polices and programs described in the terms of services, in "on line" documentation and/or other Titanium Servers provided materials. Any supplemental services provided to you as part of the Support Services shall be considered part of the sponsorship and subject to the terms and conditions of this agreement. With respect to technical information you provide to Titanium Servers as part of the Support Services, Titanium Servers may use such information for its business purposes, including for product support and development. Titanium Servers will not utilize such technical information in a form that personally identifies you. CHEATING If anyone from your organization is caught cheating at any time, you and your organization’s sponsorship with Titanium Servers will be suspended. SPORTSMANSHIP & ORGANIZATION BEHAVIOR All sponsored organizations will be required to uphold to the highest standards and observe common sportsmanship. Any sponsored organization or persons from sponsored organizations that belittle or demeans Titanium Servers, its subsidiaries or partners will have their sponsorship immediately suspended until further notice. Personal attacks on the organization will not be tolerated, for any reason. You and your organization agree to not maliciously disparage, discredit, slander, libel, or defame staff, Sponsors, in any public forum, or format, including but not limited to, websites, IRC, Usenet/Web discussion systems, chat programs, magazines, newsletters, newspapers, radio, videos, documentaries, television, etc. If you or your organization fails to abide by this requirement, the sponsorship may be suspended permanently. You agree and understand that you and the organization which Titanium Servers sponsors are to show respect towards all representatives of Titanium Servers, its subsidiaries, partners and staff. This does not mean that you have to respect the person in general, but showing respect towards the staff shows respect towards the sponsor. This means ANY abusive language, derogatory comments, slander or profanity will not be tolerated. The staff are instructed to turn over any sponsored organization members who show disrespect to the quality control staff. These organizations will face a minimum of a two week suspension from sponsorships. MISCELLANEOUS This agreement is governed by the laws of the State of Washington. If this sponsorship was acquired outside the United States, then local law may apply. Should you have any questions concerning this agreement, or if you desire to contact Titanium Servers for any reason, please contact Titanium Servers by writing: Titanium Servers LLC, 9719 NE 101ST Street, Vancouver, WA 98662. DISCLAIMER OF WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TITANIUM SERVERS AND ITS SUPPLIERS PROVIDE TO YOU THE SERVICES, AND ANY (IF ANY) SUPPORT SERVICES RELATED TO THE SERVICES ("SUPPORT SERVICES") AS IS AND WITH ALL FAULTS; AND TITANIUM SERVERS AND ITS SUPPLIERS HEREBY DISCLAIM WITH RESPECT TO THE SERVICES AND SUPPORT SERVICES ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITIONS OF OR RELATED TO: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS OF RESPONSES, RESULTS, WORKMANLIKE EFFORT AND LACK OF NEGLIGENCE. ALSO THERE IS NO WARRANTY, DUTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET POSSESSION, CORRESPONDENCE TO DESCRIPTION OR NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SERVICES AND ANY SUPPORT SERVICES REMAINS WITH YOU. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL AND CERTAIN OTHER DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TITANIUM SERVERS OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS AGREEMENT, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF TITANIUM SERVERS OR ANY SUPPLIER, AND EVEN IF TITANIUM SERVERS OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. LIMITATION OF LIABILITY AND REMEDIES. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of Titanium Servers and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the greater of the amount actually paid by you for the SERVICES or U.S.$30.00. The foregoing limitations, exclusions and disclaimers shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
I have reviewed the Agreement, understand the terms and conditions of the Agreement, and agree to all of the terms and conditions contained therein.