Terms of Service
These Terms of Service (the
“Agreement”) are an agreement between Titan Internet Enterprises ("Titan
Internet" or "Titan Web Host" or “us” or “our”) and you (“User” or “you”
or “your”). This Agreement sets forth the general terms and conditions
of your use of the products and services made available by Titan
Internet and of the Titan Internet website (collectively, the
“Services”). By using the Services, you agree to be bound by this
Agreement. If you do not agree to abide by the terms of this Agreement,
you are not authorized to use or access the Services.
1. Additional Policies and
A. Use of the Services is also
governed by the following policies, which are incorporated by reference.
By using the Services, you also agree to the terms of the following
ii. Acceptable Use Policy
iii. Copyright Infringement Policy
B. Additional terms may also apply to certain Services, and are
incorporated by reference herein as applicable. For example, if you
register a domain name with us, then the Domain Registration Agreement
will also apply to you and would be incorporated herein.
2. Account Eligibility
A. By registering for or
using the Services, you represent and warrant that:
i. You are eighteen (18) years of age
or older. The Services are intended solely for Users who are eighteen
(18) years of age or older. Any registration, use of or access to the
Services, by anyone under eighteen (18) is unauthorized and is a
violation of this Agreement.
ii. If you use the Services on behalf
of another party you agree that you are authorized to bind such other
party to this Agreement and to act on such other party’s behalf with
respect to any actions you take in connection with the Services.
B. It is your responsibility to provide
accurate, current, and complete information on the registration forms,
including an email address that is different from the domain you are
signing up under. If there is ever an abuse issue or we need to contact
you, we will use the primary email address we have on file. It is your
responsibility to ensure that the contact information for your account,
including any domain accounts is accurate, correct and complete at all
times. Titan Internet is not responsible for any lapse in the Services,
including without limitation, any lapsed domain registrations due to
outdated contact information being associated with the domain. If you
need to verify or change your contact information, please contact our
sales team via email or update your contact information through the
Titan Internet Billing and Support System. Providing false contact
information of any kind may result in the termination of your account.
In dedicated server purchases or certain other cases, you may be
required to provide government issued identification and possibly a scan
of the credit card used for verification purposes. Failure to provide
the information requested may result in your order being denied.
C. You agree to be fully responsible
for all use of your account and for any actions that take place through
your account. It is your responsibility to maintain the confidentiality
of your password and other information related to the security of your
D. Any dedicated IP order in addition
to those provided with a hosting package may be subject to IP
justification. IP justification practices are subject to change to
remain in compliance with the policies of the American Registry for
Internet Numbers (ARIN). We reserve the right to deny any dedicated IP
request based on insufficient justification or current IP utilization.
Our Transfers Team will make every effort to help you move your website
to us. Transfers are provided as a courtesy service. We do not make any
guarantees regarding the availability, possibility, or time required to
complete an account transfer. Each hosting company is configured
differently, and some hosting platforms save data in an incompatible or
proprietary format, which may make it extremely difficult, if not
impossible, to migrate some or all account data. In some cases we may
not be able to assist you in a transfer of data from an old host. The
free transfer service is available for thirty (30) days from your sign
up date. Transfers outside of the thirty (30) day period will incur a
charge; please contact a member of our Support department to receive a
price quote. In no event shall Titan Internet be held liable for any
lost or missing data or files resulting from a transfer to or from Titan
Internet. You are solely responsible for backing up your data in all
4. Titan Internet Content
Except for User Content (as defined below), all content available
through the Services, including designs, text, graphics, images, video,
information, software, audio and other files, and their selection and
arrangement, and all software used to provide the Services
(collectively, "Titan Internet Content"), are the proprietary property
of Titan Internet or Titan Internet’s licensors. Titan Internet Content
may not be modified, copied, distributed, framed, reproduced,
republished, downloaded, scraped, displayed, posted, transmitted, sold
or exploited for any purpose in any form or by any means, in whole or in
part, other than as expressly permitted in this Agreement. You may not,
directly or indirectly, reverse engineer, decompile, disassemble or
otherwise attempt to derive source code or other trade secrets from any
Titan Internet Content. Any use of Titan Internet Content, other than as
specifically authorized herein, is prohibited and will automatically
terminate your rights to use the Services and any Titan Internet
Content. All rights to use Titan Internet Content that are not expressly
granted in this Agreement are reserved by Titan Internet and Titan
5. User Content
A. You may be able to upload, store, publish, display and distribute
information, text, photos, videos and other content on or through the
Services (collectively, “User Content”). User Content includes any
content posted by you or by users of any of your websites hosted through
the Services (“User Websites”). You are solely responsible for any and
all User Content and any transactions or other activities conducted on
or through User Websites. By posting or distributing User Content on or
through the Services, you represent and warrant to Titan Internet that
(i) you have all the necessary rights
to post or distribute such User Content, and
(ii) your posting or distribution of such User Content does not infringe
or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Titan
Internetr a non-exclusive, royalty-free, worldwide right and license to:
(i) use, reproduce, publicly perform, publicly display, modify,
translate, excerpt (in whole or in part), publish and distribute User
Content; and (ii) make archival or back-up copies of User Content and
User Websites. Except for the rights expressly granted herein, Titan
Internet does not acquire any right, title or interest in or to the User
Content, all of which shall remain solely with you.
B. Titan Internet exercises no control
over, and accepts no responsibility for, User Content or the content of
any information passing through Titan Internet's computers, network hubs
and points of presence or the Internet. Titan Internet does not monitor
User Content. However, you acknowledge and agree that Titan Internet
may, but is not obligated to, immediately take any corrective action in
Titan Internet’s sole discretion, including without limitation removal
of all or a portion of the User Content or User Websites, and suspend or
terminate any and all Services without refund if you violate the terms
of this Agreement. You hereby agree that Titan Internet shall have no
liability due to any corrective action that Titan Internet may take.
6. Third Party Products and Services
A. Third Party Providers Titan Internet may offer certain third party
products and services. Such products and services may be subject to the
terms and conditions of the third party provider. Discounts, promotions
and special third party offers may be subject to additional restrictions
and limitations by the third party provider. You should confirm the
terms of any purchase and the use of goods or services with the specific
third party provider with whom you are dealing. Titan Internet does not
make any representations or warranties regarding, and is not liable for,
the quality, availability, or timeliness of goods or services provided
by a third party provider. You undertake all transactions with these
third party providers at your own risk. We do not warrant the accuracy
or completeness of any information regarding third party providers.
Titan Internet is not an agent, representative, trustee or fiduciary of
you or the third party provider in any transaction.
B. Titan Internet as Reseller or
Titan Internet may act as a reseller or licensor of certain third party
services, hardware, software and equipment used in connection with the
Services ("Non- Titan Internet Products"). Titan Internet shall not be
responsible for any changes in the Services that cause any Non-Titan
Internet Products to become obsolete, require modification or
alteration, or otherwise affect the performance of the Services. Any
malfunction or manufacturer's defects of Non-Titan Internet Products,
either sold, licensed or provided by Titan Internet to you will not be
deemed a breach of Titan Internet's obligations under this Agreement.
Any rights or remedies you may have regarding the ownership, licensing,
performance or compliance of any Non-Titan Internet Product are limited
to those rights extended to you by the manufacturer of such Non-Titan
Internet Product. You are entitled to use any Non-Titan Internet Product
supplied by Titan Internet only in connection with your use of the
Services as permitted under this Agreement. You shall make no attempt to
copy, alter, reverse engineer, or tamper with such Non-Titan Internet
Product or to use it other than in connection with the Services. You
shall not resell, transfer, export or re-export any Non-Titan Internet
Product, or any technical data derived therefrom, in violation of any
applicable law, rules or regulations.
C. Third Party Websites
The Services may contain links to other websites that are not owned or
controlled by Titan Internet ("Third Party Sites"), as well as articles,
photographs, text, graphics, pictures, designs, sound, video,
information, and other content or items belonging to or originating from
third parties ("Third Party Content"). We are not responsible for any
Third Party Sites or Third Party Content accessed through the Services.
Third Party Sites and Third Party Content are not investigated,
monitored or checked for accuracy, appropriateness, or completeness by
us. If you decide to access Third Party Sites or to access or use any
Third Party Content, you do so at your own risk and you should be aware
that our terms and policies no longer govern. You should review the
applicable third party’s terms and policies, including privacy and data
gathering practices of any website to which you navigate.
7. Prohibited Persons (Countries,
Entities, And Individuals)
Unless otherwise provided with explicit permission, Titan Internet does
not register, and prohibits the use of any of our Services in connection
with, any Country-Code Top Level Domain Name (“ccTLD”) for any
8. Account Security and Titan Internet
A. It is your responsibility to ensure that scripts/programs installed
under your account are secure and permissions of directories are set
properly, regardless of the installation method. When at all possible,
set permissions on most directories to 755 or as restrictive as
possible. Users are ultimately responsible for all actions taken under
their account. This includes the compromise of credentials such as user
name and password. You are required to use a secure password. If a weak
password is used, your account may be suspended until you agree to use a
more secure password. Audits may be done to prevent weak passwords from
being used. If an audit is performed, and your password is found to be
weak, we will notify you and allow time for you to change or update your
password before suspending your account.
B. The Services, including all related
equipment, networks and network devices are provided only for authorized
customer use. Titan Internet may, but is not obligated to, monitor our
systems, including without limitation, to ensure that use is authorized,
to facilitate protection against unauthorized access, and to verify
security procedures, survivability, and operational security. During
monitoring, information may be examined, recorded, copied and used for
authorized purposes. By using the Services, you consent to monitoring
for these purposes.
C. Any account found connecting to a
third party network or system without authorization from the third party
is subject to suspension. Access to networks or systems outside of your
direct control requires the express written consent of the third party.
Titan Internet may, at our discretion, request documentation to prove
that your access to a third party network or system is authorized.
D. Any account that is found to be
compromised may be disabled and/or terminated. If you do not clean up
your account after being notified by Titan Internet of an ongoing issue,
we reserve the right to keep your account disabled. Upon your request,
Titan Internet may clean-up your account for an additional fee.
9. HIPAA Disclaimer. We are not "HIPAA
You are solely responsible for any applicable compliance with any
country, federal or state laws governing the privacy and security of
personal data, including medical or other sensitive data. You
acknowledge that the Services may not be appropriate
for the storage or control of access to sensitive data, such as
information about children or medical or health information. Titan
Internet does not control or monitor the information or data you store
on, or transmit through, the Services. We specifically disclaim any
representation or warranty that the Services, as offered, comply with
the federal Health Insurance Portability and Accountability Act
(“HIPAA”). Customers requiring secure storage of “protected health
information” as defined under HIPAA are expressly prohibited from using
the Services for such purposes. Storing and permitting access to
“protected health information” is a material violation of this
Agreement, and grounds for immediate account termination. We do not sign
“Business Associate Agreements” and you agree that Titan Internet is not
a Business Associate or subcontractor or agent of yours pursuant to
HIPAA. If you have questions about the security of your data, you should
10. Compatibility with the Services
A.You agree to cooperate fully with Titan Internet in connection with
Titan Internet's provision of the Services. It is solely your
responsibility to provide any equipment or software that may be
necessary for your use of the Services. To the extent that the
performance of any of our obligations under this Agreement may depend
upon your performance of your obligations, Titan Internet is not
responsible for any delays due to your failure to timely perform your
B. You are solely responsible for
ensuring that all User Content and User Websites are compatible with the
hardware and software used by Titan Internet to provide the Services,
which may be changed by Titan Internet from time to time in our sole
C. Although Titan Internet provides
daily, weekly & monthly account backups, you are solely responsible for
backing-up all User Content, including but not limited to, any User
Websites. Titan Internet does not warrant that we back-up any User
Content, and you agree to accept the risk of loss of any and all User
11. Billing and Payment Information
It is your responsibility to ensure that your payment information is up
to date, and that all invoices are paid on time. You agree to pay for
the Services in advance of the time period during which such Services
are provided. Subject to applicable laws, rules, and regulations,
payments received will be first applied to the oldest outstanding
invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify
Titan Internet of your desire to cancel the Services, you will be billed
on an automatically recurring basis to prevent any disruption to your
Listed fees for the Products & Services do not include any applicable
sales, use, revenue, excise or other taxes imposed by any taxing
authority. Any applicable taxes will be added to Titan Internet's
invoice as a separate charge to be paid by you. All fees are
non-refundable when paid unless otherwise stated.
D. Late Payment.
All invoices must be paid by the invoice due date. Any invoice that is
outstanding for more than five (5) days may result in the
suspension or termination of Services. Access to the account will not be
restored until payment has been received. If you fail to pay the fees as
specified herein, Titan Internet may suspend or terminate your account
and pursue the collection costs incurred by Titan Internet, including
without limitation, any arbitration and legal fees, and reasonable
attorneys' fees. Titan Internet will not activate new orders or activate
new packages for customers who have an outstanding balance on their
account. Dedicated servers are subject to being reclaimed and all
content deleted if you fail to make a timely payment. If you make a late
payment we do not automatically reactivate the dedicated servers.
Contact Titan Internet directly after you make a late payment to
reactivate the dedicated server.
E. Domain Payments.
All Domain fees are non-refundable. Domain renewal notices are provided
as a courtesy reminder and Titan Internet is not responsible for a
failure to renew a domain or a failure to notify a customer about a
domain's renewal. Domain renewals are billed and can be renewed thirty
(30) days before the renew date.
It is a violation of this Agreement for you to misuse or fraudulently
use credit cards, charge cards, electronic funds transfers, electronic
checks, or any other payment method. Titan Internet may report any such
misuse or fraudulent use, as determined in Titan Internet’s sole
discretion, to governmental and law enforcement authorities, credit
reporting services, financial institutions and/or credit card companies.
G. Invoice Disputes.
You have thirty (30) days to dispute any charge or payment processed by
Titan Internet. If you have any questions concerning a charge on your
account, contact our billing department directly for assistance.
12. Money-back Guarantee
A. Dedicated Servers.
There are no refunds on dedicated servers. The thirty (30) day
money-back guarantee does not apply to dedicated servers.
B. Managed shared cPanel, Cloud and
Titan Internet offers a thirty (30) day money-back guarantee for Titan
Internet's managed shared, cloud, and reseller hosting services only.
Subject to the terms described in Section 13 below, if you are not
completely satisfied with these hosting services and you terminate your
account within thirty (30) days of signing up for the Services, you will
be given a full refund of the amount paid for hosting. This money-back
guarantee only applies to fees paid for hosting services and does not
apply to administrative fees, install fees for custom software or other
setup fees, or to any fees for any other additional services.
13. Cancellations and Refunds
A. Payment Method.
Payments are only accepted via PayPal. Any refund issued will be issued
to your PayPal account used for original signup.
B. Money-back Guarantee.
If an account with a thirty (30) day money-back guarantee is purchased
and then cancelled within the first thirty (30) days of the beginning of
the term (the “Money-Back Guarantee Period”), you will, upon your
written request to the Titan Internet Support Team (the “Refund
Request”) within seven (7) days of such termination or cancellation
(“Notice Period”), receive a full refund of all basic shared, cloud and
reseller hosting fees previously paid by you to Titan Internet for the
initial term (“Money-Back Guarantee Refund”); provided that such
Money-Back Guarantee Refund shall be due to you only upon your
compliance with, and subject in all respects to the terms and conditions
of, this Section
Requests for these refunds must be made
in writing to the Titan Internet Support Team. Refunds will only be
issued for basic shared, cloud and reseller hosting services and will
not include administrative fees, install fees for custom software or
other setup fees, nor will they include any fees for any other
additional services. Money Back Guarantee Refunds will not accrue, and
shall not be paid under any circumstances, if you do not provide the
applicable Refund Request within the Notice Period.
C. Refund Eligibility.
Only first-time accounts are eligible for a refund. For example, if
you've had an account with us before, canceled and signed up again, or
if you have opened a second account with us, you will not be eligible
for a refund. Violations of this Agreement will waive your rights under
the refund policy.
D. Non-refundable Products and
There are no refunds on dedicated servers, administrative fees, and
install fees for custom software. Domain Names are not refundable.
E. Cancellation Process.
You may terminate or cancel the Services by giving Titan Internet
written notice via support ticket. In such event:
(i) you shall be obligated to pay all fees and charges accrued prior to
the effectiveness of such cancellation and
(ii) Titan Internet may, in our sole discretion, refund all pre-paid
fees for basic hosting services for the full months remaining after the
effectiveness of such cancellation (i.e. no partial month fees shall be
refunded) less any setup fees, applicable taxes and any discount applied
for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary
information with you via email, we will inform you in writing (typically
email) that your account has been canceled. Your cancellation
confirmation will contain a ticket/tracking number in the subject line
for your reference and for verification purposes. You should immediately
receive an automatic email with a tracking number stating that "Your
request has been received...." Titan Internet will confirm your request
and process your cancellation shortly thereafter. We require all
cancellations to be done through the online account member area via
support ticket in order to (a) confirm your identity, (b) confirm in
writing that you are prepared for all of your files and emails to be
removed, and (c) document the request. This process aims to reduce the
likelihood of mistakes, fraudulent/malicious requests, and to ensure
that you are aware that your files, emails, and account may be removed
immediately and permanently after a cancellation request is processed.
Cancellations for shared and reseller
accounts will be effective on the account’s renewal date. Cancellations
for dedicated and Cloud accounts will be effective immediately.
Domain renewals are billed and renewed thirty (30) days before the
renewal date. It is your responsibility to notify Titan Internet’s
Billing department via a support ticke to cancel any domain registration
at least thirty (30) days prior to the renewal date. No refunds will be
given once a domain is renewed. All domain registrations and renewals
G. Foreign Currencies.
Exchange rate fluctuations for international payments are constant and
unavoidable. All refunds are processed in the original currency used for
purchase and will reflect the exchange rate in effect as determined by
PayPal. All refunds are subject to this fluctuation and Titan Internet
is not responsible for any change in exchange rates between the time of
payment and the time of refund.
Titan Internet may terminate your access to the Services, in whole or in
part, without notice in the event that:
(i) you fail to pay any fees due
(ii) you violate this Agreement
(iii) your conduct may harm Titan Internet or others or cause Titan
Internet or others to incur liability, as determined by Titan Internet
in our sole discretion or
(iv) as otherwise specified in this Agreement. In such event, Titan
Internet shall not refund to you any fees paid in advance of such
termination, and you shall be obligated to pay all fees and charges
accrued prior to the effectiveness of such termination. Additionally,
Titan Internet may charge you for all fees due for the Services for the
remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER
WEBSITES, AND OTHER DATA WILL BE DELETED
14. Permitted CPU, Bandwidth and Disk
A. All use of hosting space provided by Titan Internet is subject to the
terms of this Agreement and the Acceptable Use Policy.
i. Shared hosting
space may only be used for web files, active email and content of User
Websites. Shared hosting space may not be used for storage (whether of
media, emails, or other data), including, as offsite storage of
electronic files, email or FTP hosts. Titan Internet expressly reserves
the right to review every shared account for excessive usage of CPU,
disk space and other resources that may be caused by a violation of this
Agreement or the Acceptable Use Policy. Titan Internet may, in our sole
discretion, terminate access to the Services, apply additional fees, or
remove or delete User Content for those accounts that are found to be in
violation of Titan Internet’s terms and conditions.
ii. Dedicated, CPanel shared hosting and Cloud usage unless otherwise
stated is limited by the resources allocated to the specific plan that
you have purchased.
B. Bandwidth Usage.
Unlimited plans are not limited in their bandwidth allowance. Unlimited
bandwidth usage is not available for resellers, dedicated or cloud
servers, which are subject to the terms of the plan you purchased and
can be viewed in your control panel.
15. Uptime Guarantee.
If your shared or reseller server has a physical downtime that falls
short of the 99.9% uptime guarantee, you may receive one (1) month of
credit on your account. This uptime guarantee does not apply to planned
maintenance. Approval of any credit is at the sole discretion of Titan
Internet and may be dependent upon the justification provided. Third
party monitoring service reports may not be used for justification due
to a variety of factors including the monitor's network capacity/transit
availability. The uptime of the server is defined as the reported uptime
from the operating system and the Apache Web Server which may differ
from the uptime reported by other individual services. To request a
credit, please visit create a support ticket to our Billing department
with justification. Uptime guarantees only apply to shared and reseller
solutions. Dedicated servers are covered by a network guarantee in which
the credit is prorated for the amount of time the server is down which
is not related to our uptime guarantee.
16. Reseller Terms and Client
A. Resellers shall ensure that each of their clients complies with this
B. Resellers are responsible for supporting their clients. Titan
Internet does not provide support to clients of Titan Internet’s
resellers. If a reseller’s client contacts Titan Internet, Titan
Internet reserves the right to place a reseller client account on hold
until the reseller can assume responsibility for the reseller’s client.
All support requests must be made by the reseller on its client's behalf
for security purposes.
C. Resellers are also responsible for
all content stored or transmitted under their reseller account and the
actions of their clients. Titan Internet will hold any reseller
responsible for any of their client’s actions that violate the law or
D. Titan Internet is not responsible for the acts or omissions of our
resellers. The reseller hereby agrees to indemnify Titan Internet from
and against any and all claims made by any User arising from the
reseller's acts or omissions.
E. Titan Internet reserves the right to revise our Reseller Program at
any time. Changes shall take effect when posted online or on any
subsequent date as may be set forth by Titan Internet.
F. Resellers in the Titan Internet Reseller Program assume all
responsibility for billing and technical support for each of the Users
signed up by the reseller.
17. Shared (non-reseller accounts)
Shared accounts may not be used to resell web hosting to others. If you
wish to resell hosting you must use a reseller account.
18. Dedicated Servers
Titan Internet reserves the right to reset the password on a dedicated
server if the password on file is not current so that we may do security
audits as required by our datacenter. It is your responsibility to
ensure that there is a valid email address and current root password on
file for your dedicated server to prevent downtime from forced password
resets. Titan Internet reserves the right to audit servers as needed and
to perform administrative actions at the request of our datacenter.
Dedicated servers are NOT backed up by us. It is your responsibility to
maintain backups. Dedicated servers that have invoices
outstanding for more than five (5) days may be subject to deletion which
will result in the loss of all data on the server. Titan Internet will
not be liable for any loss of data resulting from such deletion.
19. Price Change
Titan Internet reserves the right to change prices, the monthly payment
amount, or any other charges at any time. We will provide you with at
least thirty (30) days’ notice before charging you with any price
change. It is your sole responsibility to periodically review billing
information provided by Titan Internet through the user billing tool or
through other methods of communication, including notices sent or posted
by Titan Internet.
Discounts and coupon codes are reserved for first-time accounts or
first-time customers only and may not be used towards the purchase of a
domain registration unless otherwise specified. If you have previously
signed up using a particular domain, you may not sign up again for that
domain using another coupon at a later date. Any account found in
violation of these policies will be reviewed by our Sales department and
the appropriate charges will be added to the account. Coupon abuse will
not be tolerated and may result in the suspension or termination of your
account. All coupons and discounts are only valid towards the initial
purchase and do not affect the renewal or recurring price.
21. Limitation of Liability
IN NO EVENT WILL TITAN INTERNET, ITS DIRECTORS, EMPLOYEES OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY
LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY
USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED
THROUGH THE SERVICES, EVEN IF TITAN INTERNET IS AWARE OR HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO
THE CONTRARY CONTAINED HEREIN, TITAN INTERNET'S LIABILITY TO YOU, OR ANY
PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF
THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
TITAN INTERNET FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE
INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE
EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
You agree to indemnify, defend and hold harmless Titan Internet, our
affiliates, and their respective officers, directors, employees and
agents (each an "Indemnified Party" and, collectively, the "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) your
use of the Services, (ii) any breach or violation by you of this
Agreement; or (iii) any acts or omissions by you. The terms of this
section shall survive any termination of this Agreement.
23. Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS”
AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION,
TITAN INTERNET AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND
LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. TITAN
INTERNET AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS
MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE
UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS
THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE
SERVICES. TITAN INTERNET AND OUR AFFILIATES, EMPLOYEES, AGENTS,
SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY
LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM
USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS
SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
24. Disclosure to Law Enforcement
Titan Internet may disclose User information to law enforcement agencies
without further consent or notification to the User upon lawful request
from such agencies. We cooperate fully with law enforcement agencies.
25. Entire Agreement.
This Agreement, including documents incorporated herein by reference,
supersedes all prior discussions, negotiations and agreements between
the parties with respect to the subject matter hereof, and this
Agreement constitutes the sole and entire agreement between the parties
with respect to the matters covered hereby.
26. Changes to the Agreement or the
A. Titan Internet may modify, add, or delete portions of this Agreement
at any time. If we have made significant changes to this Agreement, we
will post a notice on the Titan Internet website for at least thirty
(30) days after the changes are posted and will indicate at the bottom
of this Agreement the date of the last revision. Any revisions to this
Agreement will become effective when posted unless otherwise provided.
You agree to any modification to this Agreement by continuing to use the
Services after the effective date of any such modification.
B. Titan Internet reserves the right to
modify, change, or discontinue any aspect of the Services at any time.
No failure or delay by you or Titan Internet to exercise any right or
remedy hereunder shall operate as a waiver thereof, nor shall any single
or partial exercise of any right or remedy preclude any other or further
exercise of any right or remedy. No express waiver of, or assent to, any
breach of or default in any term or condition of this Agreement by any
party hereto shall constitute a waiver of, or an assent to, any
succeeding breach of or default in the same or any other term or