Terms Of Service
Modified December 1st 2007
The terms of service (these "Terms of Service" or this "Agreement") set forth herein constitute a full binding agreement between Titan Hosting LLC ("Titan Hosting") and the customer executing any online transaction ("Customer") with Titan Hosting. The Customer and anyone with access to the Customer's account is bound by these terms. If you engage the Titan Hosting LLC network, website, hosting or any other service under the control over Titan Hosting LLC you are bound by these terms and for one year following the last access of Titan Hosting services, website, hosting, or otherwise. The terms within this document supersede any agreement or conversation between you and any representative of Titan Hosting LLC whether oral, written or otherwise. You agree to abide by these terms at all times when engaged with Titan Hosting LLC (website, services, hosting, or otherwise) in any way. If you do not agree to abide by the following terms at all times, you are forbidden from any contact with services Titan Hosting LLC paid or otherwise.
Services.
Subject to the terms of this Agreement, Titan Hosting LLC agrees to provide the web hosting services described in the Order for the fees stated in the Order. Any and all services provided by Titan Hosting LLC may be referred to collectively in this agreement as “services”
Term.
The initial service term of service shall begin on the date that any payment is received by Titan Hosting LLC for any service offered by Titan Hosting LLC and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, the service will automatically renew indefinitely for terms of the same length as the Initial Term (each a “Renewal Term”) unless Titan Hosting LLC or Customer provides the other with notice of cancellation. Cancellation by the Customer does not become in effect until Customer submits a ticket including all information listed at http://www.titanpages.com/cancel.htm. In the event that payment is not received, whether because of failed PayPal subscription, decline of credit card, or any other reason, the account will be suspended at the sole discretion of Titan Hosting LLC. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”
Payments.
Fees are due the day the initial term expires. Customer’s billing cycle shall be monthly or annually as indicated on the Order, beginning on the day initial payment received. Titan Hosting LLC may require payment for the first billing cycle before beginning service. If the Order provides for credit/debit card billing or PayPal billing, Customer authorizes Titan Hosting LLC to bill subsequent fees to the credit/debit card or PayPal account on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Titan Hosting LLC will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or before the 1 st day of each billing cycle, and the fees shall be due on the 7 th day following invoice date. Payments must be made in United States dollars. Customer is responsible for providing Titan Hosting LLC with changes to billing information (such as credit card expiration, change in billing address) At its option, Titan Hosting LLC may accrue charges to be made to a credit/debit card until such charges exceed $10.00. Titan Hosting LLC may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law. Titan Hosting LLC may suspend the service without notice if payment for the service is overdue. Fees not disputed within sixty (60) days of due date are conclusively deemed accurate. Customer agrees to Titan Hosting LLC’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs. Any payment to Titan Hosting LLC from the Customer for any services rendered or to be rendered may be referred to collectively in this Agreement as "Payment". Any payments to Titan Hosting LLC from the Customer for any services rendered or to be rendered may be referred to collectively in this Agreement as "Payments".
Titan Hosting LLC may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least thirty (30) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).
In the event that charges are incurred and payment is not received or it is inaccessible to Titan Hosting LLC due to actions by the Customer (including but not limited to a the payment being chargeback, funds held due to a unauthorized claim by the Customer, or payment was received in the form of an uncleared eCheck) then any future payments will be distributed in the manner that is most beneficial to Titan Hosting LLC during the duration that the Customer is indebted to Titan Hosting LLC.
Customer Information.
Customer represents and warrants to Titan Hosting LLC that the information he, she or it has provided and will provide to Titan Hosting LLC for purposes of establishing and maintaining the service is accurate. If Customer is an individual, Customer represents and warrants to Titan Hosting LLC that he or she is at least 18 years of age. Titan Hosting LLC may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
Indemnification.
Customer agrees to indemnify and hold harmless Titan Hosting LLC, Titan Hosting LLC’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.
Disclaimer of Warranties.
Titan Hosting LLC DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW TITAN HOSTING LLC DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS. TITAN HOSTING LLC IS NOT RESPONSIBLE FOR ANY OCCURRENCE DUE TO EITHER NEGLIGENCE ON TITAN HOSTING LLC’S PART OR BY ANY OTHER INDIVIDUAL/ENTITY, INCLUDING BUT NOT LIMITED TO COMPLETE LOSS OF CLIENT’S DATA.
Limitation of Damages.
TITAN HOSTING LLC WILL NOT BE LIABLE TO ANY OTHER PARTY, INCLUDING BUT NOT LIMITED TO THE CUSTOMER, FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF TITAN HOSTING LLC HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF TITAN HOSTING LLC AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
Suspension/Termination.
Suspension of Service. Suspension may include but not limited too, making any content contained and managed by Titan Hosting unavailable to Customer and/or any one else. Customer agrees that Titan Hosting LLC may suspend services to Customer without notice and without liability if: (i) Titan Hosting LLC reasonably believes that the services are being used in violation of the TOS; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the TOS; (iii) Titan Hosting LLC reasonably believes that the suspension of service is necessary to protect its network or its other customers, (iv) as requested by a law enforcement or regulatory agency (v) payment is not received when billed (vi) At any point that Titan Hosting deems necessary. Customer shall pay Titan Hosting’s reinstatement fee if service is reinstituted following a suspension of service under this subsection.
Termination. Services provided by Titan Hosting LLC, including but not limited to all access to Titan Hosting LLC services, data contained on servers provided by Titan Hosting, or anything under the direct control of Titan Hositng may be terminated by Titan Hosting prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon seven (7) days notice if Customer is overdue on the payment of any amount due; (ii) Customer violates any other provision of the Agreement, (iii) if Customer’s Service is used in violation of a material term of the TOS more than once, or (iv) If Customer violates any term within the TOS that has any potention to cause any harm to Titan Hosting as deemed by Titan Hosting.
Requests for Customer Information
Customer agrees that Titan Hosting LLC may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Titan Hosting LLC believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
Back Up Copy.
Customer agrees to maintain a current copy of all content hosted by Titan Hosting LLC notwithstanding any agreement by Titan Hosting LLC to provide back up services.
Changes to Titan Hosting LLC’s Network.
Upgrades and other changes in Titan Hosting LLC’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications. Titan Hosting LLC reserves the right to change its network in its commercially reasonable discretion, and Titan Hosting LLC shall not be liable for any resulting harm to Customer.
Account Requirements
Every account that you or is hosted under your account on our servers much abide by the following rules:
- Your account (including both your own personal account and all accounts under yours) must not use more than 10% of the CPU or Memory;
- Each domain name must be a registered domain and must be registered to the owner of the account;
- Each domain’s name servers must be set to the name servers of the Titan Hosting LLC server that the website is created on;
- All accounts must not cause any substantial decrease in server performance on the Titan Hosting LLC server that it is hosted on, what constitutes substantial is at the sole discretion of Titan Hosting LLC.
Content
You may not publish or transmit via Titan Hosting LLC’s service any content that Titan Hosting LLC reasonably believes:
- constitutes child pornography;
- constitutes pornography;
- promotes, supports, facilitates gambling in any way, including but not limited to an online gambling website;
- promotes, supports, facilitates the sale of prescription drugs.
- Is designed to scam, cheat, mislead anyone, what is designed to scam or cheat is at the sole discretion of Titan Hosting LLC;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person’s privacy;
- creates a risk to a person’s safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- clearly infringes on another person’s trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Titan Hosting LLC; or
- is otherwise malicious, fraudulent, or may result in retaliation against Titan Hosting LLC by offended viewer
Content “published or transmitted” via Titan Hosting LLC’s service includes Web content, e-mail, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Titan Hosting LLC.
Security
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically.
Bulk Commercial E-Mail
You must obtain Titan Hosting LLC’s advance approval for any bulk commercial e-mail, which will not be given unless you are able to demonstrate all of the following to Titan Hosting LLC’s reasonable satisfaction:
- Your intended recipients have given their consent to receive e-mail via some affirmative means, such as an opt-in procedure;
- Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
- You retain evidence of the recipient’s consent in a form that may be promptly produced on request, and you honor recipient’s and Titan Hosting LLC’s requests to produce consent evidence within 72 hours of receipt of the request.
- The body of the e-mail must describe how the e-mail address was obtained, for example, “You opted in to receive this e-mail promotion from our Web site or from one of our partner sites,” and information on how to request evidence of the consent, for example, “If you would like to learn more about how we received your e-mail address please contact us at abuse@yourdomain.com.
- You have procedures in place that allow a recipient to easily revoke their consent – such as a link in the body of the e-mail, or instructions to reply with the word “Remove” in the subject line. Revocations of consent are honored within 72 hours, and you notify recipients that their revocation of their consent will be honored in 72 hours;
- You must post an abuse@yourdoman.com e-mail address on the first page of any Web site associated with the e-mail, you must register that address at abuse.net, and you must promptly respond to messages sent to that address;
- You must have a Privacy Policy posted for each domain associated with the mailing;
- You have the means to track anonymous complaints;
- You may not obscure the source of your e-mail in any manner. Your e-mail must include the recipients e-mail address in the body of the message or in the “TO” line of the e-mail; and
- You otherwise comply with the CAN SPAM Act and other applicable law.
These policies apply to messages sent using your Titan Hosting LLC service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Titan Hosting LLC service. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
Titan Hosting LLC may test and otherwise monitor your compliance with its requirements, including requesting opt-in information from a random sample of your list at any time.
Unsolicited E-Mail
You may not send any unsolicited e-mail, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your Titan Hosting LLC’s services.
Material Protected by Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
- you have been expressly authorized by the owner of the copyright for the work to copy the work in that manner;
- you are otherwise permitted by established United States copyright law to copy the work in that manner.
Titan Hosting LLC will terminate the service of repeat copyright infringers.
Copyright Infringement Notice (Digital Millennium Copyright Act)
If you believe your copyright is being infringed by a person using the Titan Hosting LLC network, please send your written notice of copyright infringement to:
abuse@titanpages.com
Your notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Titan Hosting LLC to locate the material;
- Information reasonably sufficient to permit Titan Hosting LLC to contact you, such as an address, telephone number, and, if available, an e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Disclaimer
Titan Hosting LLC is under no duty, and does not by this AUP undertake a duty, to monitor or police our customers’ activities and disclaims any responsibility for any misuse of the Titan Hosting LLC network.
Inquiries regarding this policy should be directed to Titan Hosting LLC at abuse@titanpages.com.
Internet Abuse
You may not engage in illegal, abusive, or irresponsible behavior, including:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures (including those belonging to Titan Hosting LLC and its customers) without express authorization of the owner of the system or network;
- monitoring data or traffic on any network or system without the authorization of the owner of the system or network;
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
- Use of an Internet account or computer without the owner’s authorization, including, but not limited to Internet scanning (tricking other people into releasing their passwords), password robbery, security hole scanning, and port scanning;
- Forging of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting; or
- Any conduct that is likely to result in retaliation against the Titan Hosting LLC’s network.
- Use of Titan Hosting LLC’s network in a way that unreasonably interferes with Titan Hosting LLC’s other customers use of the network
Refunds
Because of the nature of our services we have a strict no refund policy unless a refund is requested within seven (7) days of the start of the Renewal Term the refund is requested for. No refunds will be issued for any services provided during the initial term.
By placing a chargeback or taking any action that makes any payment by Customer to Titan Hosting LLC inaccessible to Titan Hosting LLC waves the Customer's right to any refund. If the Payment is inaccessible to Titan Hosting LLC for the sole reason that payment was paid in the form of an eCheck which has yet to clear then Customer maintains their right to a refund if the refund is requested within seven (7) days of the start of the Renewal Term the refund is requested for.
A refund request is considered valid only if (1) It is requested within seven (7) days of the start of the Renewal Term the refund is requested for (2) There are no holds on any Payments (3) Customer is not indebt to Titan Hosting LLC
If the refund request becomes valid more than seven (7) days of the start of the Renewal Term the refund is requested for it will not be honored.
Notices.
Notices to Titan Hosting LLC under the Agreement shall be given via support desk posted for customer support on http://www.titanpages.com/secure/support Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
Force Majeure.
Titan Hosting LLC shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Titan Hosting LLC’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Governing Law/Disputes.
The Agreement shall be governed by the laws of the State of Oregon, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE STATE AND FEDERAL COURTS IN JACKSON COUNTY, OREGON, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
Miscellaneous.
Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trade mark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties. The terms on Customer’s purchase order or other business forms are not binding on Titan Hosting LLC unless they are expressly incorporated into a formal written agreement signed by both parties. A party’s failure or delay in enforcing any provision of the Agreement will not be deemed a waiver of that party’s rights with respect to that provision or any other provision of the Agreement. A party’s waiver of any of its right under the Agreement is not a waiver of any of its other rights with respect to a prior, contemporaneous or future occurrence, whether similar in nature or not. The captions in the Agreement are not part of the Agreement, but are for the convenience of the parties. The following provisions will survive expiration or termination of the Agreement: Fees, indemnity obligations, provisions limiting liability and disclaiming warranties, provisions regarding ownership of intellectual property, these miscellaneous provisions, and other provisions that by their nature are intended to survive termination of the Agreement. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. Customer may not transfer the Agreement without Titan Hosting LLC’s prior written consent. Titan Hosting LLC’s approval for assignment is contingent on the assignee meeting Titan Hosting LLC’s credit approval criteria. Titan Hosting LLC may assign the Agreement in whole or in part.
Website Content.
All content on this site is the property of Titan Hosting LLC and is protected by U.S. and international law, including, but not limited to all graphics, code and software incorporated into, used on, or offered via this site, service and trade marks, including but not limited to “Titan Hosting LLC” and trade dress. You may not reproduce any portion of the site without the express written permission of Titan Hosting LLC. Titan Hosting LLC does not consider page caching that is performed automatically by your browser to be a violation of this provision.
Modifications.
Titan Hosting LLC reserves the right to make changes to this Terms of Use at any time. Any changes will be effective immediately. In the event of a dispute between Titan Hosting LLC and Customer regarding the interpretation of this agreement, Titan Hosting LLC’s interpretation shall govern and supersede the Customers interpretation. The site may contain errors or may not be complete or current, including errors as to pricing and availability. We reserve the right to refuse in good faith to process any order based on errors as to pricing, availability or other material facts.
Reseller Agreement
Titan Hosting LLC offers web hosting and related services on a discounted wholesale basis to resellers who may then offer those services to their end users, either alone or together with Web design, consulting services or other additional services that they may provide or procure from others.
Customer is a reseller who desires to purchase Web hosting services from Titan Hosting LLC together with any additional Titan Hosting LLC services indicated on the Customer’s Order or described in this Agreement (the “Services”).
Customer agrees to everything previously stated in this document and agrees to the following additional rules. Customer must abide by all terms set forth by Titan Hosting LLC that applies to every and any category.
Branding
Customer may not use Titan Hosting LLC’s name, trademarks, logos or other identifying marks or trade dress in connection with its resale of the Services except with Titan Hosting LLC’s prior written consent; provided, however, that Customer may not remove any copyright notice that Titan Hosting LLC has placed on any software or other materials provided to Customer.
Special Terms for Specific Services.
Tier 2 Support.
Titan Hosting LLC shall provide technical support to Customer in the manner that Titan Hosting LLC at its sole discretion sees fit. Customer shall not provide its end users with direct contact information for Titan Hosting LLC for any reason unless express written consent is obtained from Titan Hosting LLC to do such.
Spam/Virus Filters.
If the parties have agreed in the Order that Titan Hosting LLC is to provide spam or malicious content filtering services for Customer, then Customer acknowledges that the technological limitations of the filtering service will result in the failure to capture some unwanted e-mail and malicious content, and will also likely result in the capture of some legitimate e-mail and content. Titan Hosting LLC recommends that Customer employ additional security measures, such as a desktop virus scanner and firewall, on computers that are connected to the Internet.
Back Up Services.
Customer acknowledges that Titan Hosting LLC does not agree to create back ups of Customer’s content unless otherwise expressly stated in the Order. If the parties have agreed in the Order that Titan Hosting LLC is to provide Back up services for Customer, Customer acknowledges that Titan Hosting LLC backs up Customer’s content on a snapshot basis at a specific moment in time, and that the back ups therefore capture only that content that is stored at that time. Restorations of Customer content requested as a result of Customer error are provided on a fee basis. Customer agrees to maintain and require its Customers to maintain a current copy of all content hosted by Titan Hosting LLC notwithstanding any agreement by Titan Hosting LLC to provide back up services.
Consulting/Additional Services.
Titan Hosting LLC may from time to time agree to perform consulting or other one off services for Customer. Any such Services shall be performed pursuant to the terms of this Agreement, including the warranty disclaimers and limitations on damages provisions below. Titan Hosting LLC may charge Customer its then standard hourly rate for such services, or such other rate that may be agreed by the parties. Unless otherwise agreed in writing, Titan Hosting LLC will own any intellectual property that may be created as a result of such services, subject to a perpetual, non-exclusive, world wide right and license in favor of Customer to use such intellectual property.
Software/Third Party Software.
If Titan Hosting LLC provides any of its own or a third party’s software for Customer’s use, such Software shall be subject to the terms of any End User License Agreement or other software licenses that is provided or displayed with or in the software.
Bandwidth and Storage Limitations/Records Retention.
Bandwidth. As indicated on the Order, the Web hosting service has a fixed bandwidth allocation. Customer shall pay Titan Hosting LLC’s bandwidth overage charges $1.00 per GB for any bandwidth used in excess of such allocation.
Storage. As indicated on the Order, the Web hosting service has a fixed storage limit. Titan Hosting LLC may not store any content (including e-mail) that, when received, exceeds the storage limit, or may delete other content already stored to create storage capacity for the content. This content would therefore be permanently lost to Customer and Customer’s end user. In the alternative, Titan Hosting LLC may, but is not required to, store the additional content and charge Customer the storage overage fees $2.00 per GB. It is Customer’s obligation to monitor the remaining storage capacity of the Web hosting service and to obtain whatever contractual provisions it deems appropriate with its end users to protect itself from liability risks related to loss of end user content under these circumstances.
Records Retention.
Titan Hosting LLC’s obligation to store e-mail messages terminates at the effective date of expiration or termination of the Services. Customer is responsible to retrieve any data they wish to keep from the server before the end date of their service. Titan Hosting LLC is not liable for any loss of data.
Cancellation
All charges to Customer's credit card or PayPal account will continue and be owed unless Customer submits a ticket at https://secure.titanpages.com/support including Customer's first and last name, Customer's domain name, Customer's email address, and Customer's reason for canceling.
This Agreement together with the Order constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.