The Fine Print

The Legal Stuff

Terms of Service

These Terms of Service (the "Agreement") set forth the terms and conditions of Your Use of hosting and related services ("Services"). In this Agreement "You" and "Your" refer to You as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf. "We", "us" and "our" refer to Titter Family Enterprises (TFE), as well as its subsidiaries and sister companies (“A Titter Company”). This Agreement explains Our obligations to You, and explains Your obligations to Us for the various services or products offered by TFE (“Services”). When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement.

1. Term of Agreement; Modification.

You agree that TFE may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes TFE may reasonably make to this Agreement when such changes are made. If You have purchased Services from TFE, 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.

2. Accurate Information.

You agree to maintain accurate information by providing updates to TFE, as needed, while You are using the Services. You agree You will notify TFE 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 TFE 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 TFE has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, TFE has the absolute right, in its sole discretion, to terminate its Services and close Your account.

3. Privacy.

TFE 's Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and TFE 's responsibilities with regard to Your personal information. TFE will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that TFE, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. TFE will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to TFE as part of the Services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to TFE in the future. TFE is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data.

4. Accepted Use Policy.

TFE’s Accepted Use Policy (“AUP”), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:

  • not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
  • not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
  • not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
  • not to make, attempt or allow any unauthorized access to TFE website, servers, your own hosting account or the account of any other customers of TFE.
  • not to allow any remote code execution of malicious software through the hosting account provided by TFE.
  • not to cause denial of service attacks, port scans or other endangering and invasive procedures against TFE servers and facilities or the servers and facilities of other network hosts or Internet users.
  • not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
  • not to use TFE services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
  • not to upload unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
  • not to engage in or to instigate actions that cause harm to TFE or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. TFE reserves the right to refuse service to anyone upon Our discretion. Any material that in TFE judgment, is either obscene or threatening is strictly prohibited and will be removed from TFE servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, TFE will take corrective action upon our own discretion and will notify You. TFE decision in such case is binding and final, and cannot be a subject of a further change. TFE cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to TFE or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You have taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. TFE will not be liable for any loss or damages in such cases.
  • not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.

At its discretion, TFE can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

For more information on the Accepted Use Policy for Virtual hosting accounts, VPS hosting accounts and Dedicated Servers please consult Our Acceptable Use Policy.

5. Storage and Security.

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on TFE servers; and (iv) ensure the confidentiality of Your password. TFE 's servers are not an archive and TFE shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The Services offered by TFE are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. TFE shall have no liability to You or any other person for Your use of TFE Services in violation of these terms.

6. Ownership.

Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by TFE or its licensors, and you agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to you, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by TFE and all right, title and interest in and to each such Derivative Work shall automatically vest in TFE. TFE shall have no obligation to grant You any right in any such Derivative Work.

7. Third-Party Software.

TFE provides some third-party software to You for easier account management including, but is not limited to cPanel, Fantastico, Softaculous, etc. Such software is provided on an "as is" as available basis. We do not guarantee that any specific results can be obtained by using such software. TFE does not take responsibility for any faults in such software functioning. You agree that Your use of any TFE Services shall be used by You in accordance with the terms of any relevant third-party licenses. Your failure to abide by any third-party license may result in the immediate termination of Your Services by TFE.
You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by TFE. Your use of any third party software is at Your own risk. TFE does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. TFE will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. TFE reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

8. Third-Party Content.

If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. TFE has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current TFE policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all service renewals and orders. In the event that an error occurs the account holder must notify TFE immediately of the error. In no event shall TFE be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.

9. Billing and Payment.

All fees for the Services shall be in accordance with TFE '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. TFE may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due TFE remains unpaid fourteen (14) days after such payment is due, TFE, in its sole discretion, may immediately terminate this agreement, and/or withhold or suspend Services. There will be a $10.00 fee to reinstate accounts that have been suspended or terminated. All taxes, fees and governmental charges relating to the Services provided hereunder shall be paid by You.

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, TFE will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at TFE 's then current rates.

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

10. Termination & Cancellation Policy.

The initial term of Your agreement with TFE shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with TFE shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.

This agreement may be terminated: (i) by You by submitting a helpdesk ticket under Billing Issues category at least three (3) working days before the account is due to renew; or (ii) by TFE at any time, without prior notice, if, in TFE 's judgment, You are in violation of any terms or conditions herein; or (iii) in TFE 's sole judgment, Your use of the Services places or is likely to place unreasonable demands upon TFE or could disrupt TFE 's business operations; or (iv) by TFE if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and either TFE or TFE.

In the event of termination or suspension of Services under the above circumstances, You agree (a) that no pre-paid fees will be refunded to You; and (b) that TFE may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of TFE.

You may receive a refund if Your account is cancelled within the initial 14 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated IP addresses, SSL certificates, renewals, any licenses (cPanel, Fantastico, Softaculous, Windows, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees.

In the event of termination of this Agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs TFE incurs in closing your account. You agree to pay any and all costs incurred by TFE in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, TFE may delete all information related to you on the Services.

11. Customer Support.

TFE provides customer support to You at no additional fee for issues related to TFE service only. TFE has the right to decide what is a service related issue 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 Ticket through the HelpDesk system located in the Customer area. TFE 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 posting Ticket. TFE will have no liability to respond to tickets opened in inappropriate categories. TFE shall not be liable for any delay in 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 TFE with all information and access to facilities that TFE may reasonably require to provide the requested customer support.

You are solely liable for performing and storing a back-up copy of your data, files and hosting account prior to requesting customer support and agreeing to any interference or operation, provided by TFE. In the event You are not satisfied with the outcome of any action You shall be solely responsible for restoring the back-up copies of Your data. You should not abuse the HelpDesk system. Abuse of the HelpDesk system includes, but is not limited to, excessive number of Tickets opened by a single Customer, aggressive and/or harassing behavior, repetitive use of inappropriate categories for opening Tickets, etc. Any abuse of the HelpDesk system may result in warning, HelpDesk access restrictions, account suspension or possible account termination with no refund. TFE has the sole right to decide what constitutes abuse of the HelpDesk system.

12. 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 TFE 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 TFE, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of TFE based upon the severity of the violation. TFE 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 TFE 's AUP, in the sole and absolute opinion of TFE. You agree that TFE 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.

13. Account Use.

You agree to follow generally accepted rules of "Netiquette" when sending e-mail messages or posting to newsgroups. You are responsible for security of Your password. TFE will not change passwords to any account without proof of identification, which is satisfactory to TFE, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that TFE will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will TFE be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless TFE from any and all claims arising from such ownership disputes.

TFE does not currently, nor do we have any future plans to, accept any other form of payment then in U. S. Dollars.  Any amounts to be charged will appear during the checkout process.

14. Limitation of Liability; Waiver and Release.

The Services offered by TFE are being provided on an "AS IS" and TFE expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose and non-infringment, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, TFE expressly does not warrant that the TFE Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from TFE shall create any warranty not expressly made herein. You agree that TFE will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of TFE; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.

In no event shall TFE be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the Services, even if TFE is aware of or has been advised of the possibility of such damages.

In addition, You specifically acknowledge and agree that any cause of action arising out of or related to TFE or the Services provided by TFE must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

In addition, You specifically acknowledge and agree that in no event shall TFE’s total aggregate liability exceed the total amount paid by You for the particular Services that are the subject of the cause of action.

The foregoing limitations shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Service or Your use of TFE or its Services offered.

No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of TFE.

15. Indemnification.

Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge TFE and all affiliates of TFE, and all officers, agents, employees, and representatives of TFE, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the TFE products and/or services by TFE and its agents and employees. Further, You agree to defend, indemnify and hold harmless TFE and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by TFE’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to TFE, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your licensed TFE website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets.

This indemnification is in addition to any indemnification required of You elsewhere. Should TFE be notified of a pending law suit, or receive notice of the filing of a law suit, TFE may seek a written confirmation from You concerning Your obligation to defend, indemnify TFE. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that TFE shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify TFE of any such claim promptly in writing and to allow TFE to control the proceedings. You agree to cooperate fully with TFE during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.

16. Trademark or Copyright Claims.

TFE is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent TFE receives a proper notice of infringement of copyright, trademark or other intellectual property, TFE reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if TFE believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.

TFE expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. TFE also reserve the right to terminate an account or subscriber for even one instance of infringement.

Proper notice of infringement shall include the following information in writing to TFE’s designated agent:

  • the electronic or physical signature of the rights holder or the person authorized to act on behalf of that person;
  • identification of the work that has been infringed;
  • an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit TFE to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit TFE to locate that reference or link;
  • Your name, address, telephone number, and email address;
  • a statement by You that You have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and
  • a statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the rights holder or are authorized to act on the behalf of the rights holder.

Notice of infringement must be sent to TFE’s designated agent to receive notification of claimed infringement as follows:  Abuse@TFEHosting.com or to our postal mail address, TFE, Attn: Legal, 720 E. Fairhaven Ave., Unit 1172, Burlington, WA, 98233

17. Additional Reservation of Rights.

TFE expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by TFE in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by TFE in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of TFE, its officers, directors, employees and agents, as well as TFE’s affiliates.

In the event that TFE need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.

18. 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 and the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court for the Western District of Washington, or if there is no jurisdiction in such court, then in a state court in Skagit County, State of Washington.

19. Notices.

You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or domain name Whois information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name Whois information You have provided.

20. Legal Age.

You attest that you are of legal age (18 or over) to enter into this Agreement.

21. 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 TFE’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.

22. No Agency Relationship.

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

23. 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.

24. Assignment and Resale.

Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without TFE's prior express written consent.

25. Force Majeure.

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over TFE, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, TFE may immediately terminate this Agreement.

Privacy Policy

Your privacy on the Internet is of the utmost importance to Us. At Titter Family Enterprises (TFE), We want to make Your experience online satisfying and safe. Because We gather certain types of information about Our users, We feel You should fully understand the terms and conditions surrounding the capture and use of that information. This Privacy Policy, Terms and Conditions and Acceptable Use Policy, set out Our policies applicable to Your account and disclose what information We gather and how We use it.

TFE gathers and keeps track of:

  • Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive Our electronic newsletters, to participate in Our message boards or forums, to email a friend, and from participation in polls and surveys.
  • Information TFE gathers through aggregated tracking information derived mainly by tallying page views throughout Our sites. This information allows Us to better tailor Our content to readers' needs and to help Our advertisers and sponsors better understand the demographics of Our audience. Because TFE derives its revenue mainly from sponsorships and advertising, providing such aggregated demographic data is essential to keeping Our service free to users. Under no circumstances does TFE divulge any information about an individual user to a third party.

TFE gathers information about its users as follows:

OPTIONAL VOLUNTARY INFORMATION SUBMISSION

TFE offers the following free services, which require some type of voluntary submission of personal information by users:

1. ELECTRONIC MAIL NOTICES (DISPATCHES)

TFE offers a free electronic newsletter to users. TFE gathers the email addresses of users who voluntarily subscribe to this service. At any time, users are free to remove themselves from this mailing list by following the link provided in every newsletter pointing the user to the subscription management page.

2. MESSAGE BOARDS/FORUMS

Users of the TFE's Message Boards and Forums can login to these areas with their TFE usernames free of charge in order to post messages. Authorization is not required in order to visit or otherwise use TFE's other services and/or products.

3. POLLING

TFE occasionally offers interactive polls to users in order to enable the users to share their experience with other users as well as to improve TFE's services. The collected information, including user opinions, testimony and other submitted information is aggregated. This information is not identifiable to any particular user. However, TFE may employ action "tags" (also known as single pixel gifs or web beacons) to tag users after they have voted, in order to prevent the same user from voting multiple times on the same issue. This "tag" is not correlated with the subject user's individual information.

4. SURVEYS

TFE may occasionally conduct user surveys to better target Our content to Our audience. We sometimes share the aggregated demographic information in these surveys with Our sponsors, advertisers and partners. However, in doing so, We will never share specific user information with any third party.

5. CHILDREN

Consistent with the Children's Online Privacy Protection Act of 1998 ("COPPA"), We will never knowingly request personally identifiable information from anyone under the age of 17 without first requesting parental consent.

6. USAGE TRACKING

TFE tracks user traffic patterns throughout its various sites. However, We do not correlate this information with specific data about individual users. TFE does break down overall usage statistics according to a user's domain name, browser type, and Multipurpose Internet Mail Extension ("MIME") type by gathering such information from the browser string (information contained in every user's browser).

TFE sometimes tracks and catalogs the search terms entered by users in Our Search function. However, this tracking is never associated with individual users. We use tracking information to determine which areas of Our sites users like and don't like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps Us continue to improve Our services for Our users.

7. COOKIES

We may place a text file called a "cookie" in the browser files of Your computer. The cookie itself does not contain personal information, although it will enable Us to relate Your use of this site to information that You have specifically and knowingly provided. The only personal information a cookie can contain is information supplied by the user. A cookie cannot read data from the user's hard disk or read cookie files created by other sites. TFE uses cookies to track user traffic patterns (as described above).

Our advertising system delivers a one-time cookie to improve tracking of advertisement impressions and click rates.
You can refuse cookies by turning the cookie function off in Your browser. If Your browser is set to provide a warning before the cookie is accepted, You will receive the warning message with each cookie. You do not need to have cookies turned on to use TFE's site. However, You will need to enable/accept cookies if You wish to actively participate in Our message boards, forums, polling and surveys.

8. USE OF INFORMATION

TFE uses information voluntarily submitted by Our users to enhance the user experience in Our network of sites, whether by providing interactive or personalized elements on the sites or by improving future content in response to the interests of Our users.

As stated above, We use information that users voluntarily provide in order to send out electronic newsletters and to enable users to participate in polls, surveys, message boards, and forums.. TFE never shares newsletter mailing lists with any third parties, including advertisers, sponsors or partners. We use tracking information to determine which areas of Our sites users like and don't like based on traffic to those areas. We do not track what individual users read, but rather how well each page performs overall. This helps Us continue to build a better service for You. Because We don't track the usage patterns of individual users, an advertiser or sponsor will never know which particular user clicked their advertisement.

9. SHARING OF THE INFORMATION

TFE uses the above-described information to tailor Our content to suit Your needs and help Our advertisers better understand its audience's demographics. We will not share information about individual users with any third party, except in order to comply with applicable law or valid legal process or to protect the personal safety of Our users or the public.

10. SECURITY

TFE's data center operates secure data networks protected by industry standard firewall and password protection systems. Our security and privacy policies are periodically reviewed and enhanced as necessary. Only authorized individuals have access to the information provided by Our customers.

Our sites contain links to other sites. TFE is not responsible for the privacy practices or the content of such other websites.

11. OPT-OUT POLICY

We give users options wherever necessary and practical. Such choices include:

  • The option to not register to receive Our electronic newsletters; and
  • The option to not participate in certain interactive areas, which completely obviates Our need to gather any personally identifiable information from Our users.

12. YOUR CONSENT

By using this site, You consent to the collection and use of this information by TFE. If We decide to change Our Privacy Policy, We will post those changes on this page so that You are always aware of what information We collect, how We use it, and under what circumstances We disclose it.

13. NECESSARY DISCLOSURE

We will not share Your personal information with a third party except to assist Us in the processing or securing of Your personal information or when We are required by law unless We have given You notice and choice, in the good-faith belief that such action is necessary in order to conform to the edicts of the law, or We must comply with a legal process served on Our web site. We may also need to give out Your information if one of Our partners requires it, but these situations are rare.

14. PERSONAL INFORMATION FOLLOWING TERMINATION OF ACCOUNT

When Your TFE account is cancelled (either voluntarily or involuntarily) all of Your personally identifiable information is placed in "closed" status within Our corresponding databases. However, You should know that deactivation of Your account does not mean Your personally identifiable information has been deleted from Our database entirely. We will retain and use Your personally identifiable information if necessary in order to resolve disputes or enforce Our agreements.

15. CONTACT US

If You have questions or concerns regarding this statement, You can contact TFE at support@tfehosting.com.

 

Acceptable Use Policy

This Acceptable Use Policy (the "Agreement") sets forth the terms and conditions of Your Use of hosting and related services ("Services"). In this Agreement "You" and "Your" refer to You, as the user of Our Services, or any agent, employee, servant or person authorized to act on Your behalf.  "We", "us" and "our" refer to Titter Family Enterprises (TFE), as well as its subsidiaries and sister companies (“A Titter Company”). This Agreement explains Our obligations to You, and explains Your obligations to Us for various services offered by TFE. When You Use Your account or permit someone else to Use it to purchase or otherwise acquire access to additional TFE service(s) or products or to cancel Your TFE service(s) (even if We were not notified of such authorization), this Agreement covers such service or actions. TFE's Terms of Service agreement (“TOS”) is incorporated herein by reference and is applicable to all Services under this Accepted Use Policy.

1. Sharing of Information.

As a condition of purchasing and using hosting plans, You acknowledge and agree that TFE may provide Your personal information to their partners, as necessary to provide You with the selected products and services. The provided information falls into the following: Information that users provide through optional, voluntary submissions. These are voluntary submissions made by You in order to receive Our electronic newsletters, to participate in Our message boards or forums, to email a friend, and to participate in polls and surveys; Under no circumstances does TFE divulge any information about an individual user to a third party. Further information regarding the nature of information shared by TFE can be obtained by reviewing the Privacy Policy. You acknowledge and agree that Your name and justification may be disclosed to certain registries, including, but not limited to, the American Registry of Internet Numbers, in accordance with policies promulgated by any and all such registries and such information may be displayed via Whois.

2. User Obligations.

You represent and warrant to TFE that: Your content does not and shall not contain any content, materials, data, work, trade or service mark, trade name, link, advertising or services that actually or potentially violate any applicable law or regulation or infringe or misappropriate any proprietary, intellectual property, contract or tort right of any person and that You own Your account content and all proprietary or intellectual property rights therein, or have express written authorization from the owner to copy, use and display the content on and within Your server account. You also represent and warrant that the server content being hosted by TFE shall not be used in connection with any illegal activity.

You expressly (i) grant to TFE a license to cache the entirety of the content that is submitted, stored, distributed or disseminated by you via the Services and your website, including content supplied by third parties, hosted by TFE under this agreement; and (ii) agree that such caching is not an infringement on any of your intellectual property rights or any third party’s intellectual property rights.

3. Network Interruptions.

TFE will use its best efforts to maintain a full time Internet presence for Your account. You hereby acknowledge that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall TFE be liable to You for any damages resulting from or related to any failure or delay of TFE in providing access to the Internet under this Agreement. In no event shall TFE be liable to You for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of TFE under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the Account Holder hereunder. The terms of this Section will survive the termination of this Agreement.

4. Accounts.

This Agreement applies to all accounts, sub-accounts, and alternative account names associated with Your principal account. You are responsible for the use of each account, whether used under any name or by any person, and for ensuring full compliance with this Agreement by all users of that account. A TFE account may not be transferred without prior written approval from TFE.

5. IP Address.

TFE assigns to You an Internet Protocol ("IP") address in connection with Your use of the TFE services. The right to use that IP address will remain with and belong only to TFE, and You will have no right to use that IP address except as allowed by TFE in its sole and absolute discretion.

6. Payment Terms:

  • You may receive a full refund if Your account is cancelled within the initial 14 days after sign up. If the account holder cancels after the time period specified, there will be no refund given. Refunds do NOT apply to dedicated servers, dedicated IP addresses, SSL certificates, renewals, any licenses (WHMCS, cPanel, Fantastico, Softaculous, Windows, etc.) that are not included into the package and are purchased at additional fee, domain registration related fees.
  • TFE may temporarily deny service or terminate this Agreement upon Your failure to pay charges when they become due. Such termination or denial will not relieve You of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
  • If Your account becomes overdue, the account will be suspended. And it won’t be reactivated until the outstanding balance is paid in full. If outstanding balance is not paid by You within 60 days after Your hosting account's billing date TFE reserves the right to terminate Your services for non-payment.
  • If an account is found to be in violation of the Terms of Service it will be terminated immediately and all payments forfeited.
  • For closed accounts there is a $15.00 per incident charge for all inquiries regarding previous services and or support.
  • Backups of new/changed data are made weekly by our datacenter. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is Your responsibility to maintain local copies of your web content and information. A "Backup/Restore" feature is included with each hosting plan and You can use this tool to back up Your files. If loss of data occurs due to an error of TFE, We will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of a client in securing their account or by an action of the client, TFE will attempt to recover the data from the most recent archive for a $15.00 fee.

7. Prohibited Activities.

By using any Services, provided by TFE You agree:

  • not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
  • not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
  • not to make any inappropriate communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
  • not to make, attempt or allow any unauthorized access to TFE website, servers, your own hosting account or the account of any other customers of TFE.
  • not to allow any remote code execution of malicious software through the hosting account provided by TFE.
  • not to cause denial of service attacks, port scans or other endangering and invasive procedures against TFE servers and facilities or the servers and facilities of other network hosts or Internet users.
  • not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
  • not to use TFE services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person's property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
  • not to upload unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc.), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg's, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
  • not to engage in or to instigate actions that cause harm to TFE or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. TFE reserves the right to refuse service to anyone upon Our discretion. Any material that in TFE judgment, is either obscene or threatening is strictly prohibited and will be removed from TFE servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, TFE will take corrective action upon our own discretion and will notify You. TFE decision in such case is binding and final, and cannot be a subject of a further change. TFE cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to TFE or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You have taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. TFE will not be liable for any loss or damages in such cases.
  • not to violate the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage or engage in the sale or distribution of prescription medication without a valid prescription.

At its discretion, TFE can remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.

8. Email and Anti-spam Policy.

You must comply with the CAN-SPAM Act of 2003 and all relevant regulations and legislation on bulk and commercial email. You are prohibited from sending mass unsolicited email messages. All emails sent to recipients who have not Confirmed Opt-In or Closed-Loop Opt-In in to mailings from You will be considered as unsolicited email messages. You using and sending mass mailings must at all times maintain complete and accurate records of all consents and opt-ins and upon request provide said records to TFE. In the event that You cannot provide actual and verifiable proof of such consents and opt-ins, We will consider the mass mailing to be unsolicited. TFE prohibits the following activities listed without limitation hereunder:

  • Usage of the TFE network and systems to receive replies to unsolicited mass e-mail messages.
  • Forgery of e-mail headers (i.e."spoofing").
  • Spamming using third-party proxy, aggregation of proxy lists, or proxy mailing software installation.
  • Configuring a mail server to accept and process third-party emails for sending with no user identification and/or authentication.
  • Hosting web pages advertised via "spam e-mail" sent from another network ("spamvertising").
  • Hosting any web pages or providing any services that support spam.
  • Using weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-ups, instant messages or text/SMS messages for sending, posting or transmitting unsolicited bulk messages.
  • Advocating any activities, prohibited by the Acceptable Use Section of this Agreement.
  • If we determine that you have deliberately or recklessly used our hosting services for the sending of SPAM e-mail messages, we reserve the right to assess a $500 charge upon your account, which shall serve to compensate us for increased administration costs and expenses of redressing SPAM-related activity. You agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity, we may assess the fee entirely at our discretion. The fee will be charged to your account, in accordance with the payment information submitted by you as part of your acquisition of our services. You further agree that in the event we determine that you have deliberately or recklessly engaged in SPAM activity we may share information regarding your activities, including but not limited to your identity, with the various anti-SPAM organizations and/or blacklists.

We take all SPAM issues extremely seriously and will take redress such activity whenever we deem necessary.

9. Additional Acceptable Use Policy for Virtual accounts:

9.1. Server Resource Provision.

Your use of the server resources shall not endanger the capacity and operation of the shared server. Any account may use no more than:

  • 20 processes.
  • 1Gb memory.
  • 20% of CPU time

We may allow any account to burst up to

  • 4Gb memory
  • 100% CPU time

The burst allowance is considered an exception to the acceptable use allowance and shall be permitted solely to stabilize the operation of the website during peak intervals. Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.

The decision to upgrade shall rest solely with TFE and shall be made in its reasonable discretion.
For all account packages:

  • No script may use 25% or more of system resources for 60 seconds or longer;
  • Running stand-alone, unattached server side processes/daemons is strictly prohibited
  • Running any type of web spider / indexer (Google Cash / Ad Spy) is strictly prohibited
  • Running any bit-torrent / P2P application is strictly prohibited
  • Running cron scripts with intervals of less than 15 minutes, or setting up more than 5 simultaneous cron jobs is strictly prohibited
  • Running of public file exchange services is strictly prohibited.

TFE staff may use the following tools at our discretion to identify use of system resources:

  • Conventional UNIX system tools, like 'ps', 'top', 'iostat' etc.
  • MySQL/PostgreSQL stats reporting features
  • cPanel report
  • Resource usage alerts from CSF/LFD server security system

9.2. Disk Usage Provision.

The content on your website must be linked from an HTML or similarly coded web page with all content is freely available to the public. Your website must consist of web pages of a standard design, essentially HTML based text and graphics. Your hosting account should consist mostly of html and php files.

The number of inodes employed by one hosting account should not exceed 300,000.

The number of inodes employed by one Premium hosting account should not exceed 600,000.

Downloadable files, media must comply with the following limitations:

  • NO more than 5 GB of a shared hosting account can be allocated to music, video or other multimedia files including but not limited to .avi, .mp3, .mpeg, .jpg, .gif files;
  • NO more than 5 GB of a shared hosting account can be allocated to any archive files and disk images files containing the complete contents and structure of a data storage medium;
  • NO more than 5 GB of a shared hosting account can be allocated to databases dumps including but not limited to .sql files;
  • NO more than 5 GB of a shared hosting account can be allocated to Executable files and all other files which are the result of compiling a program.

Any user whose account/server employs the higher burstable resources on a consistent basis shall agree to upgrade it to a package with higher resource availability.

The decision to upgrade shall rest solely with TFE and shall be made in its reasonable discretion.

9.3. Backup Limitations.

Any hosting account that uses more than 10GB of disk space or contains more than 150,000 inodes will be removed from our data centers weekly system backup. Any user whose hosting account is using more than 10GB of disk space or contains more than 150,000 inodes is solely responsible for maintaining the copy of his/her account.

9.4. Use of Email Services.

You should use the email and other related services in full compliance with the terms below:

  • Your account is allowed to send a maximum of 200 emails per hour. Any account that exceeds this limitation is endangering the overall server performance.
  • The use of email clients with IMAP protocol is allowed for mailboxes with a maximum size up to 200MB. Any use of IMAP with a bigger mailbox is endangering the overall server performance.
  • The use of email clients with POP3 protocol is allowed for mailboxes with a maximum size up to 200MB. Any use of POP3 with a bigger mailbox is endangering the overall server performance.
  • TFE allows up to 100 checks per hour for a POP3 mailbox. Any use of POP3 service to check a mailbox more often than 100 times per hour is endangering the overall server performance.

9.6. IPv4 Address Usage Policy.

Due to the exhaustion of the IPv4 address space we actively conserve IP address space by limiting the IP addresses each web hosting account can use.

Hosting accounts may each use only 1 IP address.

10. Storage and Security.

At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on TFE servers; and (iv) ensure the confidentiality of Your password. TFE's servers are not an archive and TFE shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by TFE are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. TFE shall have no liability to You or any other person for Your use of TFE products and/or services in violation of these terms.

11. Transfer of Content.

In the event You terminate this Agreement or Your use of TFE products and/or services, then moving Your server content off of the TFE servers is Your responsibility. TFE will not transfer or FTP Your server content to another provider. In the event Your use of TFE products and/or services is terminated, TFE will not transfer or manage Your services or Your content.

12. Third-Party Software.

TFE provides some third-party software to You for easier account management including, but is not limited to cPanel, Fantastico, Softaculous, etc. Such software is provided on an as is as available basis. We do not guarantee that any specific results can be obtained by using such software. TFE does not take responsibility for any faults in such software functioning.

You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by TFE. Your use of any third party software is at Your own risk. TFE cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. TFE will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products.

You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.

13. TFE Reservation of Rights.

TFE explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by TFE; (ii) establish limits and guidelines concerning the use of TFE services and/or products; (iii) terminate Your use of TFE services and/or products for use of TFE services and/or products to unnecessarily or illegally harass TFE or third parties, non-payment of fees for TFE services and/or products, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of TFE, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that TFE determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (iv) terminate Your use of TFE services and/or products if Your use of TFE services and/or products may result in, results in, or is the subject of, legal action or threatened or proposed legal action, against TFE or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit; and (v) terminate Your use of TFE services and/or products at any time and for any reason if deemed reasonably necessary by TFE. TFE has no obligation to monitor Your use of TFE services and/or products, but reserves the right in its sole discretion to do so.

Right of Refusal. TFE has the right to refuse services to anyone at Our discretion.

14. Limitation of Liability; Waiver and Release.

The services offered by TFE are being provided on an "AS IS" and TFE expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose, and non-infringement, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, TFE expressly does not warrant that TFE services and/or products will meet Your requirements, function as intended, or that the use of the provided Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. No advice or information, whether oral or written, obtained by you from web-hosting.com shall create any warranty not expressly made herein. You agree that TFE will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (ii) interruption of business; (iii) access delays or access interruptions to the website(s) provided through or by the Services; (iv) loss or liability resulting from acts of god; (v) data non-delivery, mis-delivery, corruption, destruction or other modification; (vi) events beyond the control of TFE; (vii) the processing of Your application for Services; or (viii) loss or liability resulting from the unauthorized use or misuse of Your account identifier or password.

Information obtained by you from the internet may be inaccurate, offensive or in some cases illegal. TFE has no control over information contained on the Internet and accepts no responsibility for any information that you may receive or transmit via the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you disseminate or display in connection with your use of the Services of obtain from the Internet. You agree that TFE has no obligation to back-up any data related to your website unless TFE expressly agrees otherwise in writing or has expressly stated so on the website.

15. Indemnification.

Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge TFE and all affiliates of TFE, and all officers, agents, employees, and representatives of TFE, and all of their heirs, personal representatives, predecessors, successors and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and Your acquisition and use thereof, including, but not limited to, the provision of the TFE products and/or services by TFE and its agents and employees. Further, You agree to defend, indemnify and hold harmless TFE and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by TFE’s AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by You or by another using the Services from Your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data You supplied to TFE, including, without limitation, any misrepresentation in Your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your licensed TFE website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets.

This indemnification is in addition to any indemnification required of You elsewhere. Should TFE be notified of a pending law suit, or receive notice of the filing of a law suit, TFE may seek a written confirmation from You concerning Your obligation to defend, indemnify TFE. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that TFE shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify TFE of any such claim promptly in writing and to allow TFE to control the proceedings. You agree to cooperate fully with TFE during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.

16. Trademark or Copyright Claims.

TFE is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent TFE receives a proper notice of infringement of copyright, trademark or other intellectual property, TFE reserves the right to access, preserve and disclose to third parties any of Your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if TFE believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.

TFE expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. TFE also reserve the right to terminate an account or subscriber for even one instance of infringement.

Proper notice of infringement shall include the following information in writing to TFE’s designated agent:

  • the electronic or physical signature of the rights holder or the person authorized to act on behalf of that person;
  • identification of the work that has been infringed;
  • an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit TFE to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit TFE to locate that reference or link;
  • Your name, address, telephone number, and email address;
  • a statement by You that You have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and
  • a statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the rights holder or are authorized to act on the behalf of the rights holder.
  • Notice of infringement must be sent to TFE’s designated agent to receive notification of claimed infringement as follows: TFE, Attn: Legal, 720 E. Fairhaven Ave, Unit 1172, Burlington, WA 98233

17. Additional Reservation of Rights.

TFE expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by TFE in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by TFE in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of TFE, its officers, directors, employees and agents, as well as TFE’s affiliates.

In the event that TFE need exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.

18. 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 and the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court for the Western District of Washington, or if there is no jurisdiction in such court, then in a state court in Skagit County, State of Washington.

19. Notices.

You agree that any notices required to be given under this Agreement by Us to You will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information You have provided. You acknowledge that it is Your responsibility to maintain current contact information in the account and/or domain name WHOIS information You have provided.

20. Legal Age.

You attest that you are of legal age (18 or over) to enter into this Agreement.

21. Final Agreement.

This Agreement, together with all modifications, constitute 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 TFE’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.

22. No Agency Relationship.

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.

23. 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.

24. Assignment and Resale.

Except as otherwise set forth herein, Your rights under this Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at Our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without TFE's prior express written consent.

25. Force Majeure.

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over TFE, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, TFE may immediately terminate this Agreement.

26. Headings.

The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

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