Tera-Byte Dot Com Inc. Acceptable Use Policy
Violations, queries, and information regarding the Tera-Byte Acceptable Use
Policy should be addressed to abuse@tera-byte.com.
SCOPE
This document replaces all previous documents including to but not limited to
previous registration agreements, online registrations, and any other method
used or developed to grant access to the Tera-Byte network. This Policy applies
to all components of Tera-Byte Dot Com Inc., including all subsidiaries, trade
styles and related concerns; All customers, clients, employees, advisors, and
agents of, and all authorized third parties that require the use of, and are
granted access to the Tera-Byte Dot Com Inc. network; All Information Systems
Environments operated by Tera-Byte Dot Com Inc. or contracted with a third
party by Tera-Byte Dot Com Inc.. The term "Information Systems
Environment" defines the total environment and includes, but is not
limited to, all documentation, physical and logical controls, personnel,
software, hardware (e.g. distributed, desktop, network devices), and
information.
The Internet is a vast network of computers that allows an individual user on
the network to share the resources of other computers. This sharing of
resources creates a "community" and when you use Tera-Byte Dot Com
Inc. to access the Internet you become a member of two communities. You become
part of the community of Tera-Byte Dot Com Inc., which includes our network and
customers, and you become a part of the larger community of networks and users
on the Internet.
Access to the Internet through Tera-Byte Dot Com Inc. is a privilege, not a
right, and carries with it certain responsibilities and duties. Our goal in
establishing this Acceptable Use Policy (AUP) is to protect both our users and
the larger Internet community from the consequences of irresponsible use of
Tera-Byte Dot Com Inc. accounts and resources. Tera-Byte Dot Com Inc.’s AUP
chiefly prohibits
All customers, clients, and users of the Tera-Byte Dot Com
Inc. network are required to comply with this Policy.
All violations of the Acceptable Use Policy will be reviewed for appropriate
action that could include termination of access. Our failure to enforce this
policy, for whatever reason, shall not be construed as a waiver of our right to
do so at any time.
Tera-Byte Dot Com Inc. intends to provide its clients, customers, and users
access to everything the Internet has to offer. While Tera-Byte Dot Com Inc. is
firmly committed to the principles of free speech, certain activities are
damaging to the resources of both Tera-Byte Dot Com Inc. and the Internet and
cannot be permitted under the guise of free speech.
The resources of Tera-Byte Dot Com Inc. and the Internet (general) are limited,
and abuse of these resources by one user has a negative impact on the entire community.
Internet access accounts are defined as follows:
Non-Dedicated Dial-up Connection
(Unlimited)
Defined as a client based single-user attended access account. (Attended access
is defined as interactive use of an established Internet connection by the
account holder only.) Interactive use requires the physical presence of the
account holder for the account to be considered attended access.
Dedicated Connection (ADSL, WIRELESS)
Defined as client and/or server based multi-user attended or unattended access
account. A dedicated Internet access account connection may not be utilized for the
purpose of running Internet servers, such as Web, Chat, FTP, etc.
Each Gigabyte of transfer over and above the posted limit for each service will be billed at a rate of $6.95 per Gigabyte at the discretion of Tera-Byte Dot Com Inc.
Shared Hosting
Defined as client based accounts on web servers administered by Tera-Byte Dot
Com Inc.
Dedicated Servers
Defined as client based accounts renting servers administered by the client,
not Tera-Byte Dot Com Inc.
IRC activity
We discourage IRC activity on the Tera-Byte network because it attracts network
attacks far more than any other activity. In order to run IRC servers, bots,
relays, clients, etc. you must first supply a $500 security deposit to cover
costs associated with network attacks. If the server is attacked or is used to
attack other hosts, Tera-Byte will keep the deposit and disconnect the server
until we receive another deposit. At the end of your term with Tera-Byte (or if
you discontinue IRC activity), we will refund the deposit if there have been no
network attack incidents. Email support@tera-byte.com
for details on how to make this payment.
Peer to Peer Filesharing
The use of peer to peer filesharing software (such as BitTorrent and LimeWire)
is strictly prohibited on our wireless network as these applications consume an
extreme amount of network resources which causes degraded connectivity and
performance for all wireless customers.
NON ASSIGNMENT
The benefits conferred by this agreement are non-transferable and
non-assignable. The connectivity provided is expressly limited to the account
holder. Unless expressly authorized under terms of written approval resale or
use of this connection by other person or persons is prohibited We do not
routinely monitor the activity of accounts except for measurements of system
utilization and the preparation of billing records. However, in our efforts to
promote good citizenship within the Internet community, we will respond
appropriately if we become aware of inappropriate use of our service. In
general, you may NOT use your Tera-Byte Dot Com Inc. account:
FAIR USE
No Customer, Client or any other Person shall use or permit to be used the
Tera-Byte Dot Com Inc. Services in such a manner as to prevent FAIR AND
PROPORTIONATE use thereof by other Customers, Clients or Persons thereto.
If it is deemed by Tera-Byte Dot Com Inc. Inc., that a Customer, Client or user
is utilizing his/her/their Tera-Byte Dot Com Inc. Services in any manner that
prevents FAIR usage thereof by other Customers, Clients or Persons and/or it is
deemed by Tera-Byte Dot Com Inc. Inc., that a Customer, Client or Person is
utilizing his/her/their Tera-Byte Dot Com Inc. Services in any manner that is
not a PROPORTIONATE usage thereof with other Customers, Clients or Persons;
Tera-Byte Dot Com Inc. Inc. may:
ELECTRONIC MAIL
Your Tera-Byte Dot Com Inc. account gives you the ability to send and receive
electronic mail. Tera-Byte Dot Com Inc. believes that electronic mail should be
used for personal communication and not as a broadcast medium.
The following examples are non-exclusive and are provided for your guidance.
Not every "flame" message or angry exchange of
email or newsgroup posting can automatically be considered harassment.
Tera-Byte Dot Com Inc. is not responsible for the content or tone of any email
or other transmissions of the subscribers to its service or other parties using
the Internet. Subscribers or others should not expect that Tera-Byte Dot Com
Inc. will attempt to mediate or otherwise become involved in any particular
disagreement or dispute between Internet users. The Internet is a network
intended for use by mature, adult users. All users should recognize this
principle and undertake at all times to act with respect, courtesy and
responsibility, giving due regard to the interests and rights of other Internet
users, groups, and networks. We expect and appreciate the use of common sense
and good judgment while using the network.
NEWSGROUPS
Your Tera-Byte Dot Com Inc. account gives you access to thousands of
newsgroups. These newsgroups allow you to read and post messages on a variety
of topics. Newsgroups may be moderated or unmoderated. Newsgroups may also have
a charter or a FAQ that describes what subjects are appropriate for each
newsgroup. Misuse of newsgroups may result in the termination of your service.
Tera-Byte Dot Com Inc. provides an uncensored newsfeed. As such, Tera-Byte Dot
Com Inc. does not control the content of the newsgroups available to you.
Tera-Byte Dot Com Inc. believes that decisions about which newsgroups and
messages to read are best left to its customers. Screening software is
available from third parties, and it is your responsibility to use such tools
if desired. Tera-Byte Dot Com Inc. is not responsible for the content of any
newsgroup message, whether or not the message was posted by a Tera-Byte Dot Com
Inc. customer.
Messages posted to newsgroups must comply with the written charters or FAQs for
those newsgroups. Advertisements, solicitations, or other commercial messages
should be posted only in those newsgroups whose charters or FAQs explicitly
permit them. You are responsible for determining the policies of a given
newsgroup before posting to it. If you are unable to find a newsgroup's policy
regarding commercial messages, you must assume that such messages are not
welcome. You may not post or cross-post the same or substantially similar
message to more than 5 newsgroups. Continued cross-posting can result in
termination of service and the cancellation of the message.
You may not post binary files to newsgroups not specifically named for that
purpose.
You may not post messages promoting pyramid schemes, "Make Money
Fast" (MMF) schemes, chain letters, or other schemes to newsgroups. Doing
so will result in immediate termination of service.
You may not forge or remove header information. This includes attempting to
circumvent the approval process for posting to a moderated newsgroup. You may
not solicit mail for any address other than your Tera-Byte Dot Com Inc. Service
account or service where doing so manifests an intent to harass others.
You may not post messages for the purpose of threatening, harassing or
intimidating others. You may not post messages which infringe on personal or
property rights of others (privacy rights or copyrights, for example).
You may not cancel messages other than your own, with the exception of official
newsgroup moderators performing their duties.
Tera-Byte Dot Com Inc. does not censor or control content posted to a
newsgroup. As a user of our service, you are solely responsible for the content
that you publish. Tera-Byte Dot Com Inc., upon receiving notification that
certain posts violate this policy, or any provincial or federal law, or
infringe on the trademarks or copyrights of another, reserves the right to
remove such posts from our news server and to terminate your account.
HOMEPAGE, WEB PAGES, WEB SITES
The customers, clients or users are solely responsible for any information
contained on their homepages, web pages or web sites. However, if complaints
are received regarding language, content or graphics contained on your
homepage, web pages, or web sites, Tera-Byte Dot Com Inc. may, at its sole
discretion, remove the homepage, web pages, or web site hosted on Tera-Byte Dot
Com Inc. servers and terminate your service and/or your access.
You may not use your personal home page site to publish material that Tera-Byte
Dot Com Inc. determines, at its sole discretion, to be unlawful, indecent or
objectionable. For purposes of this policy, "material" refers to all
forms of communications including narrative descriptions, graphics (including
photographs, illustrations, images, drawings, logos), executable programs,
video recordings, and audio recordings.
Unlawful content is that which violates any law, statute, treaty, regulation,
or lawful order. This includes, but is not limited to: obscene material;
defamatory, fraudulent or deceptive statements; threatening, intimidating or
harassing statements, or material which violates the privacy rights or property
rights of others (copyrights or trademarks, for example).
Indecent content is that which depicts sexual or excretory activities in a
patently offensive matter as measured by contemporary community standards.
Objectionable content is otherwise legal content with which Tera-Byte Dot Com
Inc. concludes, in its sole discretion, it does not want to be associated in
order to protect its reputation and brand image, or to protect its employees,
shareholders and affiliates.
SECURITY
You are responsible for any misuse of your account, even if the inappropriate
activity was committed by a friend, family member, guest or employee.
Therefore, you must take steps to ensure that others do not gain unauthorized
access to your account. In addition, you may not use your account to breach
security of another account or attempt to gain unauthorized access to another
network or server.
For security purposes the listed account holder, and/or the listed account
administrator are the only authorized individuals that may request edits,
changes, or information for the account. Authorization to release information
and/or edit and/or make changes from anyone other than the listed account
holder and/or the listed account administrator must be received in writing.
Your password provides access to your account. It is your responsibility to
keep your password secure. Passwords must contain at least six characters, and
should contain at least one number or symbol, should contain both uppercase and
lowercase letters, and should not be based on any word found in the dictionary
or on any personal information (name or birth date, for example). Your password
should not be the same as your user ID. Sharing your password and account
access with unauthorized users is prohibited.
You should take care to prevent others from using your account since you will
be held responsible for such use. Attempting to obtain another user's account
password is strictly prohibited, and may result in termination of service. You
must adopt adequate security measures to prevent or minimize unauthorized use of
your account.
You may not attempt to circumvent user authentication or security of any host,
network or account ("cracking"). This includes, but is not limited
to, accessing data not intended for you, logging into or making use of a server
or account you are not expressly authorized to access, or probing the security
of other networks. Use or distribution of tools designed for compromising
security is prohibited. Examples of these tools include, but are not limited
to, password guessing programs, cracking tools or network probing tools.
You may not attempt to interfere with service to any user, host, or network
("denial of service attacks"). This includes, but is not limited to,
"flooding" of networks, deliberate attempts to overload a service,
and attempts to "crash" a host.
Users who violate systems or network security may incur criminal or civil
liability. Tera-Byte Dot Com Inc. will cooperate fully with investigations of
violations of systems or network security at other sites, including cooperating
with law enforcement authorities in the investigation of suspected criminal
violations.
BILLING
All Tera-Byte Dot Com Inc. Accounts are monthly accounts and are prepaid.
Charges for new accounts are prorated to accommodate the billing cycle. The
billing cycle runs from the first of the month to the last day of the month.
Charges for terminating accounts are not prorated. Charges for usage by
customer beyond the base amount of usage contained in customer's service plan
shall be billed the following month along with base charges for the coming
month. Volume discounts for bulk purchases of monthly connectivity services
remain in effect for the total length of the term, otherwise, full fees will
apply. Pre-authorized Payment by credit card or automatic bank debit is the
preferred method of payment. Payment is due by the first of the month or upon
receipt of any invoice.
Tera-Byte Dot Com Inc. may terminate any account with no refund to customer in
the event of customer's breach of any of the terms or conditions contained
herein. Delinquent accounts are those that remain unpaid at the beginning of
the next accounting cycle, and are subject to a 2% per month service charge (24
% per annum). Accounts that are delinquent for more than five days are put on
"accounting hold", their files are then archived and access is
denied. Tera-Byte Dot Com Inc. accounts continue to accrue charges while they
are on hold. Accounts that are unpaid for ten days after due date have their
files purged. There is a service reconnection charge equal to one half the
currently charged set-up fee, or ten dollars, whichever is greater, to remove
accounts from accounting hold status. The account holder acknowledges
responsibility for the account until payment in full is made. There is a $20.00
service charge for each returned check. An automatic reminder has been
programmed into your account to notify you when your account is about to
expire, as well, your account has been automatically added to the Tera-Byte Dot
Com Inc. listserver in order for you to receive the Tera-Byte Dot Com Inc.
newsletters and important notices.
ACCOUNT CANCELLATIONS
If you want to cancel your account with Tera-Byte Dot Com Inc.
Cancellation requests for Tera-Byte Dot Com Inc. accounts must be done by
filling out the Cancellation Form. Other ways for you to cancel may be writing
via fax, or by postal service and these have to be received at Tera-Byte Dot
Com Inc.'s main office one month prior to the next billing cycle. The inherent
difficulties in verifying the authorship of email makes it un-satisfactory for
transmitting account cancellations.
TECHNICAL SUPPORT
Tera-Byte Dot Com Inc. will only be responsible for the Internet software that
is included with the Tera-Byte Dot Com Inc. installation packages for standardized
hardware. Internet software that has not been provided by Tera-Byte Dot Com
Inc. or systems that are not standardized are not the responsibility of
Tera-Byte Dot Com Inc. either for support, functionality or replacement. The
User agrees to obtain a basic knowledge of their computer�s operating
system, configuration and interface, along with a basic knowledge of the
Internet and its operating principles and procedures.
NETWORK PERFORMANCE
Tera-Byte Dot Com Inc. accounts operate on shared resources. Excessive use or
abuse of these shared network resources by one customer may have a negative
impact on all other customers. Misuse of network resources in a manner which
impairs network performance is prohibited by this policy and may result in
termination of your account. You are prohibited from excessive consumption of
resources, including CPU time, memory, disk space and session time on shared
resources. You may not use resource-intensive programs that negatively impact
other customers or the performance of Tera-Byte Dot Com Inc. systems or
networks. Tera-Byte Dot Com Inc. reserves the right to terminate or limit such
activities.
PENALTIES
Abuse of the system by a user generally costs Tera-Byte Dot Com Inc. time,
money and resources. It is not fair that this additional cost should be borne
by the other customers of Tera-Byte Dot Com Inc.. A minimum service fee of
$500.00 will therefore be applied to the users account. Account holder and user
further agree to pay Tera-Byte Dot Com Inc. reasonable collection and attorney
fees on service charges shown, without regard to further legal action taken by
Tera-Byte Dot Com Inc. to recover other or related consequential damages
suffered by account holder or user's actions.
LIMITATION OF LIABILITY
ALL SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO
THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY. Tera-Byte Dot
Com Inc. is not responsible for Customer's files residing on the Tera-Byte Dot
Com Inc. network. Customer is responsible for independent backup of all such
data at a site determined by customer. Tera-Byte Dot Com Inc. cannot and does
not exercise any control whatsoever over the information passing through its
network or through the Internet. Tera-Byte Dot Com Inc. is in no way
responsible for any data loss or damage arising from viral infection from the
Internet. Tera-Byte Dot Com Inc. and/or contributors shall have no liability
whatsoever to you for any claim(s) relating in any way to: your inability or
failure to perform research or related work or to work properly or completely,
or any lost profits or consequential, exemplary, incidental, indirect or
special damages relating in whole or in part to your rights hereunder or use
of, or inability to use, Tera-Byte Dot Com Inc.�s Internet Services.
Tera-Byte Dot Com Inc. will not be responsible for any damage suffered by you,
including, but not limited to, loss of data resulting from delays,
non-deliveries, mis-deliveries, or service interruptions caused by its own negligence
or your errors or omissions. Use of any information obtained via Tera-Byte Dot
Com Inc.�s Internet Services is at your sole risk. Tera-Byte Dot Com
Inc. specifically disclaims any responsibility for the accuracy or quality of
information obtained through Tera-Byte Dot Com Inc.�s Internet Services.
As a user you are warned that some Internet sites accessible via the Tera-Byte
Dot Com Inc. network allow posting, retrieval, and/or electronic mailing of
materials that may be considered obscene or objectionable. Tera-Byte Dot Com
Inc. is not responsible for inadvertent or deliberate access to such material
and cannot prevent access of such material. It is recommended that each
customer closely monitor use of his/her account especially in the case of
potential use or misuse by minor children. Accounts for minor children must be
opened by a parent or legal guardian with their explicit consent. Tera-Byte Dot
Com Inc. network services may be used only for lawful purposes. Transmittal of
any material in violation of any international, federal or state regulation is
prohibited. This includes, but is not limited to: copyrighted materials,
material legally judged to be threatening or obscene, or material protected by
trade secret or software protected by copyright. You agree to indemnify and
hold harmless Tera-Byte Dot Com Inc. (AKA Tera-Byte Dot Com Inc. Inc,
tera-byte.com) from any claims resulting from your use of the service that
damages you or another party. Any access to other networks through the
Tera-Byte Dot Com Inc. network must comply with the rules appropriate for the
other network. Violation of the rules of other networks is grounds for account
cancellation. This includes, but is not limited to, mass Usenet posting, Usenet
cross-posting, mass emailing, and/or the sending of unsolicited email,
commercial or otherwise. Tera-Byte Dot Com Inc. and its affiliates shall not be
liable under any legal theory (including tort or contract) for any direct,
indirect, incidental, special or consequential damages in any way related to
the product or services provided. Under no circumstances and under no legal
theory, tort, contract, or otherwise, shall Tera-Byte Dot Com Inc. be liable to
you or any other person for any indirect, special, incidental, or consequential
damages of any character including, without limitation, damages for loss of
goodwill, work-stoppage, computer failure or malfunction, or any and all other
commercial damages or losses, or for any damages even if Tera-Byte Dot Com Inc.
has been informed of the possibility of such damages, or for any claim by any
other party.
OPERATION
Tera-Byte Dot Com Inc. reserves the right to change its services without notice
including but not limited to access procedures, hours of operation, menu
structures, commands, documentation, and services offered. Notice of
modifications to this Acceptable Use Policy will be posted to this Tera-Byte
Dot Com Inc. Web page. Customers are encouraged to review the current
Acceptable Use Policy on a regular basis. Customer's use of Tera-Byte Dot Com
Inc. network after such notice shall constitute Customer acceptance of such
modifications. Customer understands that Tera-Byte Dot Com Inc. services may be
interrupted for several reasons, including but not limited to malfunctions,
maintenance, and improvement or as required to protect network resources in the
event of malfunctions or misuse. Customer understands that it may not receive
advance notification of any such interruption of service. There will be no
refunds for scheduled or unscheduled service interruptions of less than 24
hours duration. At its sole discretion, Tera-Byte Dot Com Inc. may elect to
provide a pro rata or additional/extension of service refund for service
interruptions of greater than 24 hours. Tera-Byte Dot Com Inc. reserves the
right at its sole discretion to delete any information entered into Tera-Byte
Dot Com Inc. network computer systems by Customer. Tera-Byte Dot Com Inc. and
its authorized representatives shall retain the right, but shall not be
obligated, to review/accept/reject publicly viewable information. Tera-Byte Dot
Com Inc. reserves the right to disconnect non-dedicated dial-up connections
with inactivity for more than 15 minutes ("time-out"). Non-dedicated
dial-up connections may not be utilized as a dedicated connection, and
Tera-Byte Dot Com Inc. reserves the right to disconnect non-dedicated dial-up
connections exceeding 4 hours in connection duration. Tera-Byte Dot Com Inc.
reserves the right to delete Customer's files, including but not limited to Web
page(s) and email, for which a storage fee has not been paid and which have not
been accessed for more than one (1) month. Tera-Byte Dot Com Inc. reserves the
right to refuse and/or terminate service to anyone or any entity for any reason
at its sole discretion with or without notice. The owner of this document is
the Network Operations Centre (NOC) of Tera-Byte Dot Com Inc.