Titan Acceptable Use Policy
This Acceptable Use Policy (“AUP”) describes activities that are for which use of Titan SAAS is prohibited. The AUP is incorporated by reference in the Titan End User Terms of Use and/or the Titan Customer Terms of Use, as applicable to you (“Agreement”). Capitalized terms used in this AUP and not otherwise defined herein shall have the meaning given in the Agreement. In this AUP, “you” refers to the Customer and/or the End User and “us”/“we”/“our” refers to Titan.
1. Abuse
At all times, you must comply with the rules of any network you access or participate in using Titan SAAS. You may not use Titan SAAS to engage in, foster, or promote illegal, abusive, or irresponsible behaviour, including but not limited to:
(a) Any activity or conduct that is or is likely to be in breach of any applicable laws, codes or regulations, including data protection and privacy laws and laws relating to unsolicited commercial electronic messages, anti-spam, intellectual property and consumer protection laws including but not limited to, U.S. CAN-SPAM Act, the Canadian Anti-Spam Legislation (CASL), the EU ePrivacy Directive, the General Data Protection Regulation (GDPR), and other applicable regional or local requirements;
(b) Using an internet account or computer without the owner’s authorization;
(c) Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network;
(d) Monitoring data or traffic on any network or system without the express authorization of the owner of the system or network;
(e) Introducing intentionally, knowingly or recklessly, any virus or other contaminating code into Titan SAAS or, any third-party system or software associated with it;
(f) Collecting or using information, including email addresses, screen names or other identifiers, by deceit (such as phishing, business email compromise (BEC), internet scamming, password robbery, spidering, and harvesting);
(g) Using any false, misleading, or deceptive TCP-IP packet header information in an email or a newsgroup posting;
(h) Distributing software that covertly gathers or transmits information about a user;
(i) Distributing advertisement delivery software unless: (i) the user affirmatively consents to the download and installation of such software based on a clear and conspicuous notice of the nature of the software, and (ii) the software is easily removable by use of standard tools included on major operating systems for such purpose;
(j) Any conduct that is likely to result in retaliation against us or our website, or our directors, employees, officers or other agents, including engaging in behaviour that results in any server being the target of a denial of service attack;
(k) Any activity intended to withhold or cloak identity or contact information, including the omission, deletion, forgery or misreporting of any transmission or identification information, such as return mailing and IP addresses;
(l) Interference with service to any of our users or users of other network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
(m) Any action which directly or indirectly results in any of our intellectual property being listed on any abuse database;
(n) Conducting any gambling activity in violation of any required licenses, codes of practice, or necessary technical standards required under the laws or regulations of any jurisdiction in which your site is hosted or accessed; and/or
(o) Any action that is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to us; and/or
(p) Enabling or permitting the use of Titan SAAS by any individual who does not meet the minimum age required under applicable law without any consent required under such law.
2. Offensive content
2.1. You may not publish, transmit or store on or via Titan SAAS any content or links to any content that we reasonably believe:
(a) Constitutes, depicts, fosters, promotes or relates in any manner to child sexual abuse material (CSAM), child sexual exploitation or abuse, grooming, enticement or sexualization of minors, bestiality, non-consensual sex acts, non-consensual intimate imagery, or otherwise unlawfully exploits persons under the age of majority, or promotes, facilitates or encourages harm to children;
(b) results in the publishing, transmitting or storing of any content or links to any content that is excessively violent, incites violence, threatens violence, contains content qualifying as harassment, bullying or intimidation or hate speech, creates a risk to a person’s safety or health, or public safety or health, compromises national security or interferes with an investigation by law enforcement;
(c) Is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
(d) Is defamatory or violates a person’s privacy, including through doxxing or the unauthorized collection, disclosure or misuse of personal or confidential information; or
(e) Is otherwise malicious, fraudulent, morally repugnant.
2.2 We may suspend your email account if we reasonably determine that it is being used in connection with pornographic content or domains.
3. Prohibited Activities
3.1. You may not use Titan SAAS in any manner that would violate either the terms of this AUP, the Agreement or any applicable law. It shall be the sole responsibility of the Customer to ensure that the End User complies with these terms.
4. No High Risk Activity use
4.1. You may not use Titan SAAS in any situation where failure or fault of Titan SAAS could lead to death or serious bodily injury of any person, or to physical or environmental damage. For example, you may not use or permit any other person to use Titan SAAS in connection with aircraft or other modes of human mass transportation or nuclear or chemical facilities.
5. Mail requirements
5.1. You must comply with the laws and regulations applicable to bulk or commercial email in your jurisdiction. In addition, your bulk or commercial email must meet the following requirements:
(a) You must have a privacy policy posted for each domain associated with the mailing;
(b) You must have the means to track anonymous complaints;
(c) You must post an email address for complaints (such as abuse@yourdomain.com), and you must promptly respond to messages sent to that address;
(d) You must use reasonable means to ensure that the person giving consent is the owner of the e-mail address for which the consent is given;
(e) Commercial email sent by you must not contain false or misleading information, must accurately identify the sender, and, where required by law, must provide recipients with a clear and conspicuous mechanism to opt out of future communications;
(g) Unless permitted by applicable law in your jurisdiction, you must not send bulk or commercial email to any list of recipients that was purchased, rented, harvested, scraped, or otherwise compiled without the recipient’s affirmative consent to receive such email.
5.2 These policies apply to messages sent using Titan SAAS, or to messages sent by you or any person acting on your behalf from any network, that directly or indirectly refer the recipient to a site or service hosted via Titan SAAS. In addition, you may not use a third party e-mail service that does not practice similar procedures for all its customers.
5.3 The above requirements apply to distribution lists created by third parties to the same extent as if you created the list.
6. Vulnerability Testing
6.1. You may not attempt to probe, scan, penetrate or test the vulnerability of our system or network or, breach our security or authentication measures, whether by passive or intrusive techniques. Additionally, you may not perform such testing without our prior written consent.
7. Export control
7.1. Titan SAAS may not be used in violation of export laws, controls, regulations or sanction policies applicable to your and/or our respective jurisdictions. Titan SAAS may not be used by persons, organizations, companies or any such other legal entity or unincorporated body, including any affiliate or group company, which is involved with or suspected of involvement in activities or causes relating to illegal gambling, terrorism, narcotics trafficking, arms trafficking, or the proliferation, development, design, manufacture, production, stockpiling or use of nuclear, chemical or biological weapons, weapons of mass destruction or missiles, or any affiliation with any third party whatsoever who sponsors or supports such foregoing activities or causes.
8. Intellectual property and other proprietary rights
8.1. You may not use Titan SAAS in a manner that infringes on or misappropriates the rights of a third party in any work protected by copyright, trade or service mark, invention, or other intellectual property or proprietary information. For example:
(a) You may not use Titan SAAS to download, publish, torrent, distribute, use, or otherwise copy in any manner any text, music, software, art, image, or other work protected by copyright or other intellectual property laws unless you have permission from the owner of the work to use or copy the work in that manner or, you are otherwise permitted under established intellectual property laws to copy or use the work or rights in that manner;
(b) You may not use Titan SAAS to publish content intended to assist others in defeating technical copyright and other intellectual property protections; and
(c) You may not display another person's trademark without their due permission and a license from them.
8.2. In addition, you may not use Titan SAAS to publish another person's trade secrets or to publish information in violation of a duty of confidentiality. It is our policy to terminate the Subscription of Customers who violate or infringe these terms.
9. Cooperation with investigations and legal proceedings
9.1. If we are legally required to permit any relevant authority to inspect your content or traffic or share any information in relation to your use of Titan SAAS, you agree that we can do so, provided however that, where possible without breaching any applicable law, we will give you reasonable prior notice of such requirement.
9.2. We may, without notice to you, report to the appropriate authorities any conduct by you that we believe violates applicable law; provide any information that we have about you or your traffic; and cooperate in response to a formal request from a law enforcement or regulatory agency investigating any such activity, or in response to a formal request in a civil action that on its face meets the requirements for such a request.
9.3. We reserve the right, but assume no obligation, to monitor your use of Titan SAAS to verify compliance with this AUP and applicable law.
10. Excessive use of shared system resources
10.1. You may not use any shared system provided by us in a way that unnecessarily interferes with the normal operation of the shared system, or that consumes a disproportionate share of the resources of the system. You agree that we may quarantine or delete any data stored on a shared system if the data is infected with a virus, or is otherwise corrupted, and has the potential to infect or corrupt the system or other customers' data that is stored on the same system.
11. Third Party Conduct
11.1. You are responsible for violations of this AUP by anyone using your Subscription with your permission or on an unauthorized basis. Your use of Titan SAAS to assist another person in an activity that would violate this AUP if performed by you is a violation of the AUP.
11.2. You must use reasonable efforts to secure any device or network within your control against being used in breach of the applicable laws and against spam and unsolicited email, including where appropriate, by the installation of antivirus software, firewall software and operating system and application software patches and updates. Our right to suspend or terminate your Subscription applies even if a breach is committed unintentionally or without your authorization, including through a trojan horse or virus.
11.3. You agree to indemnify, defend, and hold us harmless from and against any claims, damages, losses, liabilities, and reasonable expenses, including attorneys’ fees, arising out of or relating to your violation of this AUP.
12. Other
12.1. You must have valid and current information on file with your domain name registrar for any domain hosted on our network.
12.2. You may not register to use Titan SAAS under a false name or, use an invalid or unauthorized credit card in connection with Titan SAAS.
12.3. You must maintain the confidentiality of your account credentials and must promptly notify us if you become aware of any unauthorized access to or use of your account.
12.4. You may not resell, sublicense, or otherwise make Titan SAAS available to any third party except as expressly permitted under the Agreement.
13. AI-Generated and Synthetic Content
13.1. You may not use Titan SAAS to create, generate, transmit, store or distribute:
(a) AI-generated or synthetic content that is used or intended to deceive, impersonate, defraud or mislead others;
(b) Deepfakes or manipulated media used to facilitate fraud, phishing, identity theft or any other activity prohibited under this AUP; or
(c) Spam, malware, phishing or any other content or activity prohibited under this AUP, whether generated or distributed using artificial intelligence or otherwise.
14. Changes to the AUP
14.1. We may from time to time amend this AUP to further detail or describe reasonable restrictions on your use of Titan SAAS by publishing a revised version of the AUP. The revised AUP will become effective upon publishing.
14.2. If your compliance with the revised AUP would adversely affect your use of Titan SAAS, you may elect to terminate the Agreement and cease using Titan SAAS by giving us a written notice of your objection no later than thirty (30) days following the date that the revised AUP would otherwise have become effective as to you. We will not charge you an early termination fee for a termination on these grounds.
15. Consequences of Violation of AUP
15.1. If we detect a breach of the AUP, or suspect a breach of the AUP, or expect there to be a breach of the AUP by you, then we, at our sole discretion, may suspend or terminate your Subscription in accordance with the Agreement, without prior notice where we reasonably believe immediate action is necessary to prevent harm to us, our platform, or any third party, or take any actions deemed necessary to protect our platform and our users. We may intercept or block any content or traffic belonging to you where Titan SAAS is being used unlawfully or not in accordance with this AUP.