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Terms of Service Policy TitanWS.com is provided to you by Titan Web Solutions, LLC ("Company", "we" or "us"). This agreement is a binding legal contract between you and us. Please read this agreement; by using this service, you accept its terms and the terms of our Acceptable Use Policy. The Internet is an evolving medium; we may change the terms of this agreement from time to time. By continuing to use the service after we post any such changes, you accept this agreement, as modified. We reserve the right to deny access to this website, or any service provided via this website, to anyone who violates this agreement or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others. We invite you to send in your questions or comments about this website, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss to: Jeff Weishaupt Titan Web Solutions 6418 Lauderdale St. Jupiter, Florida 33458 Phone: (561) 339-1738 Email: Contact our Customer Support Center In consideration for services to be delivered, Customer agrees to be bound to the following terms: 1. Customer agrees to pay for services rendered in advance of each monthly service term. 2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes. 3. Customer agrees to a no-refund policy in advance for which setup fee and domain registration service fees are non-refundable. 4. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 days of notice. Customers failing to secure payment within 5 days of notice will incur service interruption and $75 reconnection fee. 5. Service Cancellations must be submitted at least 10 days before your next billing cycle. Customer agrees to adhere to our Visitor Agreement. Customer agrees to adhere to our Acceptable Use Policy. Customer agrees not to engage in activity that violates federal (United States), state (Florida) or local (Palm Beach County) laws applicable to the service terms described herein. ACCOUNT SETUP Accounts can be refused and/or discontinued at the sole discretion of Titan Web Solutions. We are very careful to prevent fraudulent orders. Any irregularities will be cause for refusal. Customer agrees to allow for time to screen for fraud, confirm Customer input, and verify payment before services are rendered. Service setup may be delayed until we and/or our payment processor partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an up-to-date phone number and e-mail address which is not at the domain(s) you are signing up under. Average setup time for most orders is within 24 to 48 hours. PAYMENTS & CANCELLATION All payments are due before service is rendered on or before the defined monthly recurring billing date of each month. A service month starts on the date the account becomes available to you. Your payment will be due on the same day of each calendar month. Payments are expected on or before your next payment date. If you no longer require service we require you to notify us that you wish to discontinue service ten (10) business days before your next billing due date to avoid unnecessary billing. You agree that until and unless you notify us of your desire to cancel any or all services received, those services will be billed on a recurring basis. If payment is not received within five (5) days of the payment due date, Titan Web Solutions reserves the right to deactivate your account/service until payment is rendered. Dedicated server accounts will incur $75 reactivation late fee if payment is not received within five (5) days of the billing due date. If payment is not received, Titan Web Solutions may withhold or suspend services and may terminate this agreement at its sole discretion. Suspension or termination of services does not relieve you from your obligation to pay all accrued but unpaid charges. Customers may cancel at any time. Titan Web Solutions gives new Customers a money back guarantee on all web hosting services, including business packages, email packages, student packages, and non-profit packages. Refunds will only be given if the Customer has not violated the Terms of Service and Acceptable Use Policy. Refund requests after the initial money back guarantee period may be refunded at our sole discretion on a pro-rated basis of any unused time. We reserve the right to cancel an account at any time with or without a refund. Only first-time accounts are eligible for a full refund within the initial money back guarantee period from the time service is rendered. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a full refund or if you have opened a second account with us. All payments for domain name registration and technical assistance services are non-refundable. BACKUPS & DATA LOSS Your use of the services is at your sole risk. Titan Web Solutions is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Titan Web Solutions servers. In the future we plan to offer automated backups for all web hosting accounts. RESOURCE USAGE Users may not initiate the following: 1. Use 25% or more of system resources for longer then ninety (90) seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. 2. Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed. 3. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. 4. Run any server-based software or scripts that interface with an IRC (Internet Relay Chat) network. BANDWIDTH USAGE You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation (month), suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month. MONEY BACK GUARANTEE We offer a money back guarantee on our web hosting services including business, email, student, and non-profit services. There is no money back guarantee for our web design services or the registration of domain names. We reserve the right to refund a pro-rated amount or no refund at all. The web hosting money back guarantee period is to last for thirty (30) days beginning from the time service is rendered. The unconditional money back guarantees does not cover setup or domain name registration fees. If you are not completely satisfied with our hosting services within the money back guarantee period of your service, you will be given a full refund of the contract amount minus any and all setup and/or domain name registration fees. 99.9% UPTIME GUARANTEED We guarantee that the network and web services will be available 99.9% of the time in a given month, excluding scheduled maintenance or when a critical update requires a reboot. For any period of downtime over this allowance, we will refund 5% of the monthly hosting fee to the customer for each full 30 minutes of downtime up to a maximum of 100% of the monthly package fee. The refund applies only to the basic hosting package subscribed to and will not include any additional items that apply on the account. This guarantee applies to the network connectivity and service uptime (MySQL, Apache, Mail Server & DNS), but does not apply in the event of "acts of god" or "war", or other problem outside of our control. To be eligible for this SLA, your account must be in good standing and an accounting ticket must be submitted by you within 48 hours of the downtime and verified by our technical team. Details must be provided by you in this ticket of times that the outage occurred and also how long the outage lasted. Connectivity is measured as the ability of the server to transmit and receive data to the Internet and periods of downtime will be determined over when our internal monitors can successfully ping a machine outside of our network. Services will be considered available when we can successfully run a query against them. PRICE CHANGE The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our web site, and the right to increase the amount of resources given to plans at any time. If a price for a service you currently subscribe to has lowered, you may transfer to the new pricing at any time by upgrading your service subscription. SERVICE SUSPENSION & ACCOUNT DEACTIVATION Titan Web Solutions reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including the Acceptable Use Policy, Data Center Rules and Procedures, and Terms of Services. INDEMNIFICATION Customer agrees to indemnify and hold harmless Titan Web Solutions and the employees and agents of Titan Web Solutions against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, "Losses") to which an Indemnified Party may become subject and which Losses arise out of, or relate to this Agreement or Customer's use of the Services and Products, and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys' fees incurred by such Indemnified Party in connection with investigating, defending or settling any Loss whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party. TITAN WEB SOLUTIONS SHALL NOT BE LIABLE FOR i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE SERVER MATRIX'S SERVICES AND PRODUCTS BY SUBSCRIBER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS TITAN WEB SOLUTIONS PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED TITAN WEB SOLUTIONS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SUBSCRIBER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND TITAN WEB SOLUTIONS SHALL HAVE NO LIABILITY THEREFORE. ARBITRATION ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. NOTICES Unless otherwise specified herein, any notices or other communications required or permitted hereunder shall be sufficiently given if in writing and delivered personally or sent by facsimile transmission, internationally recognized overnight courier, registered or certified mail, to the address or facsimile number of Customer as set forth in the Service Descriptions or Titan Web Solutions as set forth below. Such notices or other communications shall be deemed received (i) on the date delivered, if delivered personally, (ii) on the date that return confirmation is received, if sent by facsimile, (iii) on the business day (or, if international, on the second business day) after being sent by an internationally recognized overnight air courier or (iv) five days after being sent, if sent by first class registered mail, return receipt requested. Titan Web Solutions 6418 Lauderdale St. Jupiter, Florida 33458 GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to choice of law provisions that would cause the application of the law of another jurisdiction. POLICY CHANGES Titan Web Solutions reserves the right to revise its policies at any time without notice. It is your responsibility to regularly check back for any updates. |
Our Guarantees • 30-day Money Back • Easy, Secure Ordering • 99.9% Uptime • Privacy Protected Our Policies • Visitor Agreement • Terms of Service • Acceptable Use • Privacy • Copyright Infringement Need Help? Visit our Customer Support Center Other contact methods: • Live Chat • Regular mail |
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Visitor Agreement | Terms of Service | Acceptable Use Policy | Privacy Policy | Legal | Contact | Copyright © 2005 Titan Web Solutions, LLC.
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