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Terapower Innovation, Corp. Basic Policy &

Service Guidelines (Aup)

 

Terapower Innovation, Corp. provides services to clients all around the world. Terapower Innovation, Corp. has the responsibility to protect each client and provide them with the best services available. The following guidelines were designed in an attempt to ensure that we can do such.

Terapower Innovation, Corp. will be the sole arbiter as to what constitutes a violation of these provisions.

General:
Services provided by Terapower Innovation, Corp. may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited.

The subscriber agrees to indemnify and hold harmless Terapower Innovation, Corp. from any claims resulting from the use of the service which damages the subscriber or any other party.

Content:
Examples of unacceptable content include, but are not limited to:

  • Copyrighted media, without authority to distribute or display
  • Unlicensed applications
  • Cracking programs or key generators
  • Child pornography or kidnapping material
  • Fraudulent activity, phishing, pyramid schemes, chain letters, forgery, or impersonation
  • Terrorist propaganda, racist material, or bomb/weapon instructions
  • Virus/Virii, Spyware, Malware, or other infectious material
  • Material protected by trade secret or other statute

Additionally, Terapower Innovation, Corp. prohibits:

  • IRC and associated programs (including psybnc, "bots", etc...)
  • Scripts commonly used for abuse, attacks, or flooding
  • Threatening, harassing, or obscene content

Pornography and sex-related merchandising are prohibited on any Terapower Innovation, Corp. server network. Terapower Innovation, Corp. may permit adult/nude content deemed "art" or "educational", as determined on a case-by-case basis. Viewing/downloading of such information/data by Terapower Innovation, Corp. clientele is not governed by Terapower Innovation, Corp. policy, and is at your own discretion/free-will, and may be governed by your state/federal government.

Links to unacceptable content, as defined above, are also prohibited.

Online Activity:
Any attempts to undermine or cause harm to the Terapower Innovation, Corp. equipment, network, operations, or clientele is STRICTLY prohibited. Terapower Innovation, Corp. will pursue legal action to the fullest extent for all abuse/violation of such.

Any activity deemed damaging or abusive, whether unlawful or considered to be detrimental to the operations of Terapower Innovation, Corp., is prohibited.
This includes, but is not limited to:

  • Denial of Service Attacks (DOS/DDOS)
  • Unnecessary Port Scans
  • Mail Bombing
  • Unsolicited Advertising via IM, Forums, Newsgroups, Email, etc..

Bulk Email: We understand that bulk email is an important mechanism for keeping people informed. However, spamming (unsolicited advertising), from the Terapower Innovation, Corp. network, or spamvertising (unsolicited advertising of) sites hosted on the Terapower Innovation, Corp. network is STRICTLY prohibited.

Legitimate bulk email meets the following criteria:

1) The recipient has confirmed his willingness to be added to the distribution list of the mailing, by responding to a verification email, or, otherwise, verifiably confirming permission. (Evidence of such must be retained and available by request.)

2) Messages include: Valid headers, removal instructions, and information on the method by which the subscribed address was obtained.

All bulk email senders must post privacy policies, in association with the sending domains. Co-registration is not prohibited, but explanations of the sharing of information must be both publicly available and included in the confirmation mechanism for list subscription.

If Terapower Innovation, Corp. approaches a client for evidence of confirmation, this request must be honored within 48 hours.

Failure to meet the acceptable criteria for bulk mail may lead to immediate termination.

Additionally, if such actions have caused mail servers or IP address ranges on the Terapower Innovation, Corp. network to be blacklisted, Terapower Innovation, Corp. reserves the right to assess a $150 charge to the customer account. This fee is set to cover administrative costs associated with removal from such lists.

Please make an effort to limit outgoing mail on your account to no more than 1000 pieces per hour. Large mailings are preferred to be sent from the hours of 12AM - 8AM EST.

Policy Violations:
Terapower Innovation, Corp. may, at any time, audit systems for any data/activity showing potential policy violations.

Warnings: The Terapower Innovation, Corp. Abuse Dept. makes an attempt to contact the client, via email, when the first sign of a possible violation is noted. These alerts are a courtesy. Responses to such alerts are required. If an alert is received from any Terapower Innovation, Corp. staff member, the client is responsible for acknowledging his/her understanding and citing any action planned or taken, within 24 hours of the notice. Failure to do so may lead to suspension. Repeated failure to do so may result in termination.

Note: It is extremely important to ensure that the email address on record with the Terapower Innovation, Corp. Customer Care Dept. is valid. This is the address used for abuse notifications and warnings.

Suspension/Deactivation:
If any terms or conditions are failed to be followed, the client risks service suspension or termination. Terapower Innovation, Corp. reserves the right to remove any account, without prior notice. If Terapower Innovation, Corp. deactivates an account for violating policy, the client will forfeit any rights to a refund. No refunds for advance payments will be granted for deactivated accounts.

Reactivation:
If a service is suspended, the client will be required to pay a reactivation fee of $75.00, and when applicable, to cover any administrative costs associated with the offense/violation, as determined by Terapower Innovation, Corp.

Unauthorized Usage:
In any case involving unauthorized parties utilizing a Terapower Innovation, Corp. service for abuse/violations, the client will be responsible for stopping all affected applications, until the source of the problem is found and corrected. Terapower Innovation, Corp. may opt to disable all services until the client can perform such an investigation. If the technical support of Terapower Innovation, Corp. is required for the investigation, the client agrees to compensate Terapower Innovation, Corp. at a rate of $95/hour for such services performed, if such services are not included in the client's current service package.

In general, the client is responsible for maintaining a secure system. This includes, but is not limited to:

  • Requesting kernel updates
  • Applying application patches

Additionally, Terapower Innovation, Corp. will not be responsible for securing third-party applications.

The client is expected to monitor his/her system(s) and/or service(s). Resource usage should be maintained within the level outlined in the service contract. Abuse caused by end-users or unauthorized parties may increase resource usage and it should be noted that overage fees may apply.

Further details of technical support provided can be found in the Terapower Innovation, Corp. Managed Services Definition and Backup Policy down bellow.

Resource Usage:
Terapower Innovation, Corp. will be the sole arbiter as to what constitutes a violation of resource usage limitations.

Bandwidth: Overage fees will apply to any service utilizing more than its assigned bandwidth allocation. Overages will be calculated based on overall amount of Gigabytes (GB) transferred in a monthly period, unless a service is sold based on Megabits per Second (MBPS). Services sold by MBPS, will be calculated via the industry standard 95% method, unless specified in contract otherwise. MRTG or other bandwidth reporting is available upon request for all services. Client is responsible for all usage, and any corresponding overages fees, that result from a service that may be hacked and/or flooding. Terapower Innovation, Corp. may require a deposit should a client utilize/require large amounts of bandwidth beyond their standard bandwidth allocation.

Port Usage: Terapower Innovation, Corp. reserves the right to monitor network usage, and if a service significantly exceeds average usage, to throttle the available speed to conserve network resources and to prevent any large billing anomalies. This will generally not include short spikes in usage, but will include, but not be limited to, sustained transfers of significantly larger than average amounts of bandwidth. If at any time any client's data transfer rate affects other Terapower Innovation, Corp. Clientele, Terapower Innovation, Corp. reserves the right to throttle and/or disconnect the service causing such a problem.

Filtering: Terapower Innovation, Corp. reserves the rights to block/filter or throttle ports and/or ip address ranges, at its discretion. This may include, for example, blocking Port 6667 (IRC), denying access from a known-spamming IP address range, or limiting the speed of point-to-point file-sharing programs (Kazaa, Limewire, Donkey, etc...). This may also include giving priority to certain traffic types, such as Voice-over-IP (VOIP) phone call transmissions.

Unfettered: Bandwidth is supplied from a shared pool, and is not supplied as guaranteed/dedicated bandwidth. A service that has heavy sustained usage may have their port capped or be asked to upgrade to a dedicated service plan.

Virtual Hosting: Terapower Innovation, Corp. is pleased to offer our Virtual Hosting clientele unlimited traffic/hits and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the allotted bandwidth/data transfer included with your selected package. To maintain the integrity of our service, the following usage may be limited/disallowed on Virtual Hosting service:

  • Banner, graphic, or CGI scripts running from the service, and being utilized on other domains/websites
  • Large graphic or download archives/galleries
  • Large chat room gatherings
  • Heavy system resource utilization

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or, Terapower Innovation, Corp. may relocate your site to a different server and/or IP address, to reduce the load on the server on which you are currently residing.

Virtual Private Servers (VPS): To maintain the integrity of our service, VPS service that utilizes heavy amounts of system resources may be required to be upgraded, or, Terapower Innovation, Corp. may relocate your site to a different server and/or IP address, to reduce the load on the server on which you are currently residing.

Backup Service: To maintain the integrity of our service, Terapower Innovation, Corp. may relocate your backup service to a different server and/or IP address, to reduce the load on the server on which you are currently residing. Download/FTP sites, web-serving (httpd), and/or usage that results in heavy upstream/outgoing bandwidth consumption beyond that of normal backup operations is not permitted on the backup service. This service is meant for the backup/restore/sharing/storing of data/files, and not for usage normally performed by web/database servers.

Idle Timeouts:
Terapower Innovation, Corp. may disconnect any idle connection to the network.
Average timeouts are:
FTP - 300 seconds
Dial-Up - 10-15 minutes
Telnet/SSH - 2 hours

Abusive Clientele:
Terapower Innovation, Corp. may at it's discretion suspend or terminate service of any client that is abusive/harassing to Terapower Innovation, Corp. and/or Terapower Innovation, Corp. employees. Examples of such activity include, but are not limited to;

  • Verbal abuse - cursing, yelling, threatening, etc...
  • Ongoing disregard for warnings or notices
  • Consistent mistakes/errors/changes causing unnecessary workload
  • Spamming Terapower Innovation, Corp. email addresses, ticket systems, or servers
  • Continuous involvement in flood/DDOS activity, hacked services, or other ongoing non-permitted usage
  • Consistent late payments or responses
  • Issuing a chargeback or bouncing a payment
  • Continuous activation of problematic end-users
  • Activity which affects the service(s) of other Terapower Innovation, Corp. Clientele.

 

Terapower Innovation, Corp. Managed Service Definition

& Backup Policy

 

SOFTWARE

Operating System: Terapower Innovation, Corp. will perform the initial installation and security/kernel patches and/or updates of any supported operating system, at no additional cost. Terapower Innovation, Corp. supported operating systems currently include: Fedora™ Linux 1+, FreeBSD™ 4+, Windows™ Server 2003, & CentOS™ Linux 3+. End-of-life support is still currently being provided for Red Hat™ Linux 8+ and Windows™ Server 2000. Re-installation of any server, for reasons other than hardware failure, will be charged a flat rate of $95.00. Terapower Innovation, Corp. will assist with troubleshooting and repairing basic operating system problems for supported operating systems. Terapower Innovation, Corp. may install alternative operating systems, upon client request, which is dealt with on a case by case basis. Support may be limited in regards to alternative operating system setup/configuration, and/or for those clients choosing not to utilize a Terapower Innovation, Corp. supported control panel--regardless of operating system selected. Terapower Innovation, Corp. supported control panels currently includes CPanel™, Plesk™, & DirectAdmin™. A flat rate of $50 is charged for VPS operating system re-installation.

Control Panel: Terapower Innovation, Corp. will perform the initial installation and test of the supported control panel software for any server ordered with such. If a managed server includes supported control panel software, Terapower Innovation, Corp. will support, to the best of its ability, control panel related problems and issues. This includes, but is not limited to, support of basic control panel functions (ie: adding/removing accounts, dns functions, password changes, etc…) and limited support of control panel installed 3rd party software (ie: proftpd, pureftpd, mailman, agora). Terapower Innovation, Corp. will not provide support of the control panel software, or any of its’ 3rd party software inclusions, regarding issues of software bugs or errors, and such issues should be brought to the attention of the software vendors directly for support. Terapower Innovation, Corp. is not responsible for web development, non-supported 3rd party software and/or scripts (ie: compatibility, installation, maintenance), and/or ongoing daily administration tasks (ie: setting up new users, email accounts, & domains). Terapower Innovation, Corp., at its discretion, may assist with initial custom setup/configuration of the server (ie: setting up new users, email accounts, & domains, and/or software modifications). Terapower Innovation, Corp. will install supported control panels purchased through Terapower Innovation, Corp., at no additional charge, for External Licensing clientele. Re-Installation of control panels purchased through Terapower Innovation, Corp. for External Licensing clientele, for any reason, will be charged a flat rate of $50. Support for control panels purchased through Terapower Innovation, Corp., for External Licensing clientele, will be billed at a rate of $95/hour. Installation of Terapower Innovation, Corp. supported control panel software requires, and will only be performed on, freshly installed operating systems.

Software Updates/Patches and O/S Upgrades: Terapower Innovation, Corp. will assist, upon request, with control panel updates and security patches on any system running a supported operating system and utilizing a Terapower Innovation, Corp. supported control panel. Terapower Innovation, Corp. supported control panels may automatically update, including their installed 3rd party software, and may be user-configurable whether or not to do such. Terapower Innovation, Corp. may assist with control panel updates and security patches of systems running alternative operating systems, or not utilizing a Terapower Innovation, Corp. supported control panel, dealt with on a case by case basis, at a rate of $95/hour. Individual VPS behave and are treated as regular systems in regards to control panel updates and patches, and Terapower Innovation, Corp. will assist, upon request, with control panel updates and security patches on any VPS utilizing a Terapower Innovation, Corp. supported control panel. Terapower Innovation, Corp. may assist with security patches of any VPS not utilizing a Terapower Innovation, Corp. supported control panel, dealt with on a case by case basis, at a rate of $95/hour. Terapower Innovation, Corp. only delivers VPS with supported operating systems installed. Upgrades of operating systems will be dealt with on a case by case basis, and may or may not be subject to a flat $95.00 fee, dependant on complexity of the upgrade, and basis for such. The operating system of a VPS may not be able to be upgraded, and may require a complete re-installation, which may be done for a flat rate of $20. Terapower Innovation, Corp. may assist with control panel updates and security patches for External Licensing clientele, dealt with on a case by case basis, at a rate of $95/hour.

HARDWARE

Maintenance and Replacement: If any hardware component on a Terapower Innovation, Corp. supplied system fails, Terapower Innovation, Corp. will replace it free of charge, within timeframes at its own discretion. All operating systems, supported and non-supported, as well as software/configurations installed prior by Terapower Innovation, Corp., will be re-installed at no additional cost to the client, in the case of failed hardware. For information regarding system restoration beyond the operating system and software/configurations, please see the section in this document entitled “Data Recovery/Backups”.

Hardware Upgrades: Information on installation/setup fees and/or monthly fees for hardware upgrades is available on demand. Upgrading hard drives to a different size or type of drive, requiring the re-installation of the operating system and software/configurations, and the transfer of data from the old system/drive(s), will be billed at a rate of $95/hour.

DATA RECOVERY/BACKUPS

Terapower Innovation, Corp. always recommends purchasing backup storage/service with any and all systems/services. Clients may purchase backup drives and/or backup storage and perform their own backups--with or without Terapower Innovation, Corp. or control panel supplied backup software enabled, or may purchase a managed backup solution from Terapower Innovation, Corp.

Hardware Failure: All operating systems, supported and non-supported, as well as software/configurations installed prior by Terapower Innovation, Corp., will be re-installed at no additional cost to the client, in the case of failed hardware.

If backup storage does not exist, Terapower Innovation, Corp. will re-install the operating system and software/configurations previously installed by Terapower Innovation, Corp., on a new hard drive, and attempt to leave the defective drive in place for the customer to retrieve/restore data for up to 72 hours after re-installation.

If a backup storage exists, and the client was performing their own backups--with or without Terapower Innovation, Corp. or control panel supplied backup software enabled on the backup storage, Terapower Innovation, Corp. will re-install the operating system and software/configurations previously installed by Terapower Innovation, Corp., on a new hard drive, and attempt to leave the backup drive and/or defective drive in place for the customer to retrieve/restore data--for up to 72 hours after re-installation. Terapower Innovation, Corp., at its discretion, may assist with data restoration at a rate of $95/hour.

If a managed backup solution exists, and Terapower Innovation, Corp. or control panel supplied backup software was enabled, Terapower Innovation, Corp. will re-install the operating system and software/configurations previously installed by Terapower Innovation, Corp., on a new hard drive, and will assist with restoration of the system data, at no additional charge. Managed backup solutions exist automatically for all Terapower Innovation, Corp. VPS clientele; however, Terapower Innovation, Corp. always recommends purchasing additional Remote Backup services as well.

Terapower Innovation, Corp. cannot guarantee full, or even partial, recovery of data from a failed drive, but will work to the limit of their abilities to restore data from the failed hardware, based on defined policy and procedure. Client may purchase a defective drive from Terapower Innovation, Corp., at reasonable market prices, and have the drive shipped to them, or to a data recovery company, at their expense with a minimal handling fee.

Software Failure and Hacked/Compromised Operating Systems: Operating system re-installation by Terapower Innovation, Corp. will be charged a flat rate of $95.00, and assistance with software/configurations and/or data recovery will be billed at a rate of $95/hour, in the case of a system suffering software bugs or operating system compromise.

If backup storage does not exist, Terapower Innovation, Corp. will re-install the operating system and software/configurations previously installed by Terapower Innovation, Corp., on a new hard drive, and attempt to leave the bug-ridden/compromised drive in place for the customer to retrieve/restore data for up to 72 hours after re-installation.

If a backup storage exists, and the client was performing their own backups with or without Terapower Innovation, Corp. or control panel supplied backup software enabled on the backup storage, Terapower Innovation, Corp. will re-install the operating system and software/configurations previously installed by Terapower Innovation, Corp., on a new hard drive, and attempt to leave the backup drive and/or bug-ridden/compromised drive in place for the customer to retrieve/restore data--for up to 72 hours after re-installation. Terapower Innovation, Corp., at its discretion, may assist with data restoration at a rate of $95/hour.

If a managed backup solution exists, and Terapower Innovation, Corp. or control panel supplied backup software was enabled, will re-install the operating system and software/configurations previously installed by Terapower Innovation, Corp., on a new hard drive, and will assist with restoration of the system data, at no additional charge. Managed backup solutions exist automatically for all Terapower Innovation, Corp. VPS clientele; however, Terapower Innovation, Corp. always recommends purchasing additional Remote Backup services as well.

Terapower Innovation, Corp. cannot guarantee full, or even partial, recovery of data from a bug-ridden/compromised system, but will work to the limit of their abilities to restore data, based on defined policy and procedure.

Remote Backup clientele are responsible for their own hardware replacement and re-installation of operating system and software/configurations, as well as data recovery. Terapower Innovation, Corp. will supply assistance with connecting to the stored data, to the best of its ability. Support may be available directly from backup software vendors for their product(s). Terapower Innovation, Corp., at its discretion, may assist with data restoration at a rate of $95/hour, dealt with on a case by case basis.

Consulting/Networking clientele, utilizing Terapower Innovation, Corp. Remote Backup solutions, will be billed at a rate of $95/hour for hardware replacement work, operating system re-installation, and assistance with software/configurations and/or data recovery. Support may be limited for software/configurations not originally installed/provided by Terapower Innovation, Corp. If Terapower Innovation, Corp. is not performing data recovery, Terapower Innovation, Corp. will supply assistance with connecting to the stored data, to the best of its ability. Support may be available directly from backup software vendors for their product(s), or the original vendor/installer of your other software/configurations.

MONITORING

Terapower Innovation, Corp. will monitor a single protocol on each system, to verify that the system is operational. The default protocol that is monitored is HTTP (Port 80), however, on systems that do not respond to such, monitoring is performed via another protocol. Available monitoring protocols are HTTP, SMTP, FTP, SSH, and ICMP (PING). The customer may request that a specific protocol and port is monitored, rather than the Terapower Innovation, Corp. default selection. Monitoring of multiple ports may be available at an additional cost. If a server fails to respond to a monitored protocol, Terapower Innovation, Corp. will manually attempt to check the status of the server via another protocol. Terapower Innovation, Corp. will automatically reboot systems that fail to respond after a second tested protocol fails. If the second tested protocol responds properly, Terapower Innovation, Corp. will attempt to log into the system to restore/restart service on the initial failed protocol that was being monitored. Terapower Innovation, Corp. does not charge for reboots to any system on the network.

It is the client’s responsibility to update Terapower Innovation, Corp. any time that the root password is changed on a system, otherwise Terapower Innovation, Corp. will be unable to restore/restart failed monitored protocols automatically, and will not be held liable for failure to do such. It is the client’s responsibility to keep access by Terapower Innovation, Corp. monitoring system ip addresses available to their system, and not blocked via firewall, and to notify Terapower Innovation, Corp. any time a port is changed on a monitored protocol or if a protocol disabled. Otherwise Terapower Innovation, Corp. will be unable to provide monitoring services, and will not be held liable for failure to do such. If a protocol is consistently unavailable to the Terapower Innovation, Corp. monitoring system, Terapower Innovation, Corp. may at its discretion cease monitoring such protocol. In some circumstances, Terapower Innovation, Corp. may override and change the root password to your system, in cases Terapower Innovation, Corp. deems such necessary to correct an urgent issue, or to remedy an AUP/TOS issue.

AUP/TOS ISSUES

Terapower Innovation, Corp. may charge for dealing with AUP/TOS issues, and/or administration work required preventing such from occurring again in the future. For details on such charges, please review the Legal policy.

ABNORMAL SUPPORT

Terapower Innovation, Corp. charges a rate of $95/hour for support and/or administration work not included or specified by the terms of this management policy. Support and/or administration work not included or specified by the terms of this management policy, will be performed by Terapower Innovation, Corp. at its discretion, and dealt with on a case by case basis. Clientele will be informed of such charges in advance, and be required to give authorization to Terapower Innovation, Corp. to proceed with such work.

Abnormal Support provided due to constant client error or misconfiguration of such equipment will be billed at a rate of $95/hour. Terapower Innovation, Corp. will be the sole arbiter as to what constitutes Abnormal Support in such cases. In cases of Spam, Spyware, and/or Virus issues, Terapower Innovation, Corp. may find it necessary to suspend service to clientele.  

* Contact Support Terapower for any item/service not explicitly detailed.

 
 

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