THIS AGREEMENT is made and entered between TitaniumWebs.com, and the Customer, who wishes to use the services of TitaniumWebs.com in accordance with TitaniumWebs.com's standard application. NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows: 1.0 SERVICE DESCRIPTION
	As a World Wide Web service provider, TitaniumWebs.com provides dedicated server computers which are integrated into the Internet. These server computers shall send and receive information in relationship to the World Wide Web. Customer wishes to connect to the World Wide Web utilizing the hardware and software resources of TitaniumWebs.com to establish an Internet web presence on one of TitaniumWebs.com's server computers.
2.0 CONDITIONS
	The application and this Agreement constitute a binding contract between TitaniumWebs.com and the Customer and does not extend to any other person or entity. Customer may resell to third parties but is responsible for third party activities and content, and is bound by the terms under this Agreement. Cancellations within the 30 day money back period will receive 100% of all monies paid, unless otherwise specified. Cancellations after that time period will receive a prorated refund based on the day that cancellation is processed.
3.0 WARRANTIES
	With respect to the service to be provided herein, the Customer acknowledges that TitaniumWebs.com makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that TitaniumWebs.com shall not be liable to the Customer for any claims or damages which may be suffered by the Customer, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
4.0 INFORMATION
	The utilization of any data or information received by the Customer from the utilization of the service to be provided by TitaniumWebs.com is at the Customer's sole and absolute risk. TitaniumWebs.com specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the services to be provided hereby.
5.0 DOMAIN NAME
	If TitaniumWebs.com shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against TitaniumWebs.com, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by TitaniumWebs.com for any reason.
6.0 PAYMENT
	The first payment is due at the time the application is filled out, and returned to TitaniumWebs.com. Subsequent payments are due according to the selected fee schedule following the establishment of the web space on the Internet. Web space will be billed a minimum of one (1) month in advance depending on the selected fee schedule. Subsequent payments are due on the same date of each month as the initial payment. In the event that the initial payment is made on February 29th of any given year, subsequent payments will occur on the 1st of each following month thereafter. In the event that the Customer fails to pay for such services in advance, TitaniumWebs.com shall be entitled to unilaterally terminate this Agreement and discontinue the service until payment is made. Payment by credit card and the online currency are currently processed by PayPal.com.
7.0 REFUNDS
	Refunds shall be provided for service acquired within the previous 30 (thirty) days. Refunds after 30 days will be issued minus the cost of services rendered and the initial setup fee. Accounts that are terminated for failing to meet any of the here mentioned criteria will NOT receive a refund. Domain registration charges are non refundable.
8.0 UNILATERAL SERVICE REVOCATION
	In the event that TitaniumWebs.com may at any time believe that the service is being utilized for unlawful purposes by the Customer or in contravention with the terms and provisions herewith, TitaniumWebs.com may immediately discontinue such service to the Customer without liability. This will include adult content, links to adult content, illegal content sharing, distribution, or display, and/or unsolicited email (spam).
9.0 INDEMNIFICATION
	The Customer shall indemnify and hold harmless TitaniumWebs.com from any and all loss, cost, expense, and damages on account of any and all manner of claims, demands, actions, and proceedings that may be initiated against TitaniumWebs.com on the grounds that the web space content violates any copyright, proprietary right of any person, provincial, state, or federal regulations, or contains any matter that is libelous or scandalous.
10.0 CHANGES IN TERMS OF SERVICE
	TitaniumWebs.com reserves the right to make changes to the terms and conditions of this Agreement upon thirty (30) days notice to the Customer, advising of the change and the effective date thereof, but with changes in service fees being effective only at the end of any period for which the Customer has prepaid. Utilization of the service by the Customer following the effective date of such change shall constitute acceptance by the Customer of such change(s).
11.0 ENTIRE AGREEMENT AND UNDERSTANDING
	This instrument and the application for web space constitute the entire agreement between the parties, and represent the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
12.0 GOVERNING LAW
	This Agreement shall be governed by the laws of British Columbia, Canada. In the event that any term or provision of this instrument is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of this instrument and the agreement which it evidences, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this agreement for the person or entity herein named as a party hereto. Content of a pornographic, sexually explicit, or adult nature, content of an illegal nature (including stolen copyrighted material), pirated software sites, gambling related sites, hate sites or content that could be reasonably considered as slanderous or libelous, content that is questionable regarding any of the above criteria will be decided upon by a TitaniumWebs.com representative. First offence will result in immediate termination of account. If this occurs the unused portion of your account will not be refunded. TitaniumWebs.com reserves the right to cancel your service with NO refunds should either of the above occur. Resellers are responsible for their customers' content. Please also review our Acceptable Use Policy. If you have any questions about our terms, please contact us.

This Acceptable Use Policy outlines the usage guidelines that govern access to your account. 1.0 Bandwidth
	Each account is allotted a maximum bandwidth allotment each month. In the case that your account exceeds that limit, we will monitor bandwidth usage until the end of the current billing period, and charge the used bandwidth to your next bill. You will be alerted via email if you do go over your sites given limit. Excess bandwidth will be charged at a rate $1 CAD per 100MB. Accounts that regularly exceed 2500MB each month will be contacted to adjust the Base Package fee accordingly, thus raising the maximum bandwidth limit accordingly. "Month" is defined as a calendar month, matching your regular billing cycle.
2.0 Spam (Unsolicited or Junk eMail)
	If any account is deemed to be spreading any form of Spam, unsolicited or junk email, TitaniumWebs.com reserves the right to immediately terminate the account from our servers, as well as charge the customer for any bandwidth used during that monthly billing cycle. This includes but is not limited to sending mail through TitaniumWebs.com's SMTP servers, Perl or PHP Mailers, through Sendmail, or through a third party to advertise your website. If you run a mailing list or forum site, please inform us when you sign up so we do not terminate your account wrongly. We at TitaniumWebs.com despise the use of Spam, and will not hesitate to take any and all steps necessary to remove its presence from our servers.
3.0 FTP Space
	FTP accounts are granted for the use of uploading the clients website to the servers. Using the FTP accounts, with the exception of any Public FTP accounts, for file storage, and/or transfer, of any binary file, whether audio, video, or data, over the FTP protocol, is expressly forbidden. As well, all files that are uploaded are limited to a maximum of 10mb in size. Any files larger will be deleted without warning.
4.0 Email Storage
	The total disk spaced allocated to Email Account mailboxes is considered part of the total disk space allocated to your account under your current Hosting package. Within this limit, Email Account mailbox sizes are not restricted.
5.0 Content
	5.1 Definitions You may not use your account to publish material, which TitaniumWebs.com determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, audio recordings, and any other media stored on our servers. 5.2 Forgery and Impersonation Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation, however use of these for the purposes of Spam (as defined in section 2.0) is prohibited. 5.2 E-mail / News Bombing Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending TitaniumWebs.com account.
6.0 Prohibited Activities
	6.1 Unauthorized access Use of the TitaniumWebs.com's services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of TitaniumWebs.com's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending TitaniumWebs.com account is subject to immediate termination. 6.2 Collection of personal data Use of the TitaniumWebs.com's services to collect, or attempt to collect, personal information about third parties without their knowledge or consent is forbidden. 6.3 Network disruptions and unfriendly activity Use of the TitaniumWebs.com's services for any activity which affects the ability of other people or systems to use TitaniumWebs.com's Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. A customer may not, through action or inaction, allow others to use their accounts for illegal or inappropriate actions. A customer may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's account will result in immediate account termination. TitaniumWebs.com will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. 6.4 Distribution of Viruses Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account. 6.5 Third Party Accountability TitaniumWebs.com customers will be held responsible and accountable for any activity by third parties using their account, that violates guidelines created within the Acceptable Use Policy 6.6 IRC networks It is absolutely forbidden to host an IRC server that is part of or connected to another IRC network or server. Servers found to be connecting to or part of these networks will be immediately suspended without notice. The account will not be re-enabled to until such time that the customer agrees to completely remove any and all traces of the IRC server, and the customer agrees to let TitaniumWebs.com have access to the customers account to confirm that the content has been completely removed. Any server guilty of a second violation will result in immediate account termination. 6.6.1 Exceptions Java applets that provide client-side connection to IRC networks are permitted. These include any applet that does not use any TitaniumWebs.com bandwidth or processing to maintain the connection, excluding the initial download of the applet.
7.0 Security
	You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use. Attempting to obtain another user's account password is strictly prohibited, and may result in termination of service. You must adopt adequate security measures to prevent or minimize unauthorized use of your account. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. You may not attempt to interfere with service to any user, host or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Users who violate systems or network security may incur criminal or civil liability. TitaniumWebs.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
8.0 Network Performance
	TitaniumWebs.com accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of TitaniumWebs.com's systems or networks. TitaniumWebs.com reserves the right to terminate or limit such activities.
9.0 Reporting Violations of this TitaniumWebs.com Acceptable Use Policy
	TitaniumWebs.com requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at abuse@TitaniumWebs.com If available, please provide the following information: The date and time of the alleged violation, including the time zone or offset from GMT Evidence of the alleged violation E-mail with full header information provides all of the above, as do system log files. Other situations will require different methods of providing the above information. TitaniumWebs.com may take any one or more of the following actions in response to complaints: Issue written or verbal warnings Suspend the Member's account Terminate the Member's account Bill the Member for administrative costs and/or reactivation charges Bring legal action to enjoin violations and/or to collect damages, if any, cause by violations
10.0 Revisions to this Acceptable Use Policy
	TitaniumWebs.com reserves the right to revise, amend, or modify this AUP (Acceptable Use Policy), our ToS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our ToS (Terms of Service).