Introduction

TitanicHost, its affiliates and their inheritors and assigns makes available the web hosting and related services described in Titanic Host’s published service descriptions subject to these Terms of Service (the “TOS”).

For the purposes of the TOS, the word “you” means the individual requesting one or more services provided by TitanicHost, and, if applicable, includes any other legal entity on behalf of which an individual makes such a request.  Additionally, you agree not to make such a request on behalf of any other legal entity unless you have the authority to bind that legal entity to the TOS.

 

Term of Agreement; Alteration

You agree that TitanicHost may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes TitanicHost may reasonably make to this Agreement when such changes are made. If You have bought Services from TitanicHost, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.

 

Accurate Information

You agree to maintain accurate information by providing updates to TitanicHost, as needed, while You are using the Services. You agree You will notify TitanicHost within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by TitanicHost to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if TitanicHost has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, TitanicHost has the absolute right, in its sole discretion, to terminate its Services and close Your account.

 

 Privacy

The TitanicHost Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of Members’ personal information. The TitanicHost Privacy Policy is subject to modification from time to time, and such changes are effective upon posting of the modified policy.

Email newsletters will only be sent directly by TitanicHost. Member information will not be disclosed or sold to any third parties. You may also be contacted by TitanicHost designated customer review software provider for customer experience and service feedback.

 

Prohibited Conduct

TitanicHost does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Member engaging in the sending of Spam through the TitanicHost network or promoting information on websites hosted by TitanicHost will be considered in breach of this Agreement and will be suspended from the Service immediately.

Your use of the Service must be in compliance with Canadian and US laws, and the laws of your country at all times.

You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity.

The following is a non-exclusive list of content and behavior prohibited by the Service:

• Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
• Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
• Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a TitanicHost account will result in immediate account suspension.
• Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
• Content or otherwise that exploits children under 18 years of age.
• Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
• Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
• Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
• Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
• Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any TitanicHost service, solution or technology.
• Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).

 

Reservation of Rights

TitanicHost reserves the right and sole discretion to:

• Censor any website hosted on its servers that is deemed inappropriate.
• Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
• Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
• Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against TitanicHost or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
• Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar distructive activities, activities whether lawful or unlawful that TitanicHost determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
• Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.
• You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.

 

Limitation of Liability

The Service is provided on an “as is” and “as available” basis and the use of the Service is at your own risk. TitanicHost makes no representations or warranties, either expressed or implied, with respect to the Service, or any service or information provided through the Service. TitanicHost is not responsible for any damages, injury or economic loss arising from the use of the content or Service provided by TitanicHost.

In no event will TitanicHost be liable to you for any direct, indirect, incidental or consequential damages or economic loss arising out of the Service or in connection with your website or any other services or products provided to you.

TitanicHost, its officers, directors, owners, agents and employees shall in no way be liable to you or anyone else for any loss or injury resulting from the use of the Service or of your website.

In no event shall TitanicHost be held liable for any damages or economic loss, whatsoever, as a result of notifying any official of potentially illegal content on your website, or for providing copies of your data files to the appropriate authorities or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct.

 

Indemnification

You agree to indemnify and hold TitanicHost, its affiliates, sponsors, partners, directors, officers and employees harmless from and against, and to reimburse TitanicHost with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) arising out of or relating to your breach of this Agreement or use by you or any third party of the Services.

 

Force Majeure

TitanicHost will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond our control that may prevent or delay service provisioning.

 

Unenforceable Provisions

If any part of this Agreement is found to be invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalid or unenforceable part only, without affecting the remaining parts of this Agreement in any way.

 

Governing Law

The rights and obligations of the parties pursuant to this Agreement are governed by, and shall be construed in accordance with, the laws of the United States of America.

 

Age of Majority

TitanicHost does not accept agreements and payments from persons under the legal age of 18 years. By submitting your account application, you confirm that you are over 18 years of age or your parent or legal guardian has agreed to accept this Agreement on your behalf.

 

Waiver

No waiver of any of the provisions of this Agreement will be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

 

Billing and Payment

All fees for the Services shall be in accordance with TitanicHost’s fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period.

If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, TitanicHost will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at TitanicHost ‘s then current rates.

If you improperly charge back for web hosting services rendered, we may disable the ability to transfer any other your TitanicHost services away from TitanicHost.

 

Customer Support

TitanicHost provides customer support to You at no additional fee for issues related to TitanicHost service only. TitanicHost has the right to decide what a service related issue is and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable.

You can request customer support only by opening Live Chat or Ticket through the HelpDesk system located in the Customer area. TitanicHost will have no liability to provide customer support if it is requested in any other way apart from the HelpDesk system. You are solely responsible to use the appropriate HelpDesk category when opening Live Chat or posting Ticket. TitanicHost will have no liability to respond to tickets opened in inappropriate categories. TitanicHost shall not be liable for any delay in Live Chat and/or Ticket opened in inappropriate categories. You acknowledge that by asking our customer support representatives for assistance, You authorize their intervention and operation in Your account.

You must provide TitanicHost with all information and access to facilities that TitanicHost may reasonably require to provide the requested customer support.

 

Legal Purposes

The web hosting and reseller hosting account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of TitanicHost is to provide space to serve web documents, not as an off-site storage area for electronic files and is governed by the AUP.

Violations of the AUP or any other provisions of this Agreement may result in termination of the Services provided by TitanicHost, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of TitanicHost based upon the severity of the violation. TitanicHost reserves the right to refuse Service if any of the content within, or any links from, the Your website is deemed illegal, misleading, or obscene, or is otherwise in breach of TitanicHost’s AUP, in the sole and absolute opinion of TitanicHost. You agree that TitanicHost shall not be liable to you for loss or damages that may result from its refusal to host your website or provided the Services under this Agreement.

 

Governing Law and Jurisdiction for Disputes

Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America.

 

Final Agreement

This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersede and govern all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of Us. By applying for TitanicHost’s services through the online application process or otherwise, or by using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.

 

Enforceability

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

 

Notice

You agree that, unless other instructions are posted on TitanicHost‘s website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for TitanicHost posted on the TitanicHost website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.