Terms & Conditons
Terapower is a global provider of web hosting and related services.
The Basics (but not limited to) in plain English:
1. Nothing illegal! – no spamming, unsolicited email (opt-ins are ok), warez, serial numbers, cracks, codes, stolen MP3’s etc…
2. No Adult anything.
3. No Server abuse.
4. If you violate any of the above policies, Terapower Innovation, Corp. will cancel your account inmediatly no refunds.
5. 30 day money back guarantee does not apply to dedicated and VPS accounts.
6. You’ll lose your 30 day money back guarantee if you violate any of the above policies.
What if someone complains (usually SPAM but not limited to)?
1. On FIRST complain we will VERIFY first and TERMINATE your account COMPLETELY. NO EXCEPTION. We will notify you, we will SUE you and you will loose our 30 days money back guarantee.
2. There is no refund, no money back nothing on these cases.
Terms of Service
1. General Terms.
In consideration of hosting services to be delivered, Customer agrees to be bound by the following terms and conditions:
1.1. Customer agrees to pay, in advance of each monthly service term, for hosting services to be rendered.
1.2. Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes that may require Customer to order Terapower Innovation, Corp.’s service for a certain minimum period of time.
1.3. Customer agrees to a no-refund policy in advance. Setup fees and monthly web hosting service fees are non-refundable.
1.4. Non-Payment of services shall result in a 5-day notice of disconnection. All payment failures must be cured within 5 business days from invoice due date or account will be suspended. Account termination will result from invoices overdue for 30 days.
1.5. Terapower Innovation, Corp. is not and shall not responsible for data integrity for any accounts that are terminated, disconnected, or interrupted because of Customer’s failure to pay for Terapower Innovation, Corp.’s services.
1.6. Customers agree to pay all taxes applicable to your account.
2. Agreement for Services.
2.1. Terapower Innovation, Corp. will provide, and Customer will purchase and pay for, the Web hosting services (the “Services”), according to the service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the Customer, and that Customer is aware of all applicable charges as per the Agreement. Customer also understands that no promotional offers will apply to their individual service unless said promotional offers are specified in this Agreement.
3.1. Establishment and provision of service is contingent upon receipt of payment from Customer to Terapower Innovation, Corp.
3.1.1. Customer must pay in full for the Services before Terapower Innovation, Corp. begins to provide the Services to Customer. Invoices are generated 5 days before renewal and customer agree that if paying by credit card, recurring billing will be billed and charged automatically on the date the invoice is generated and that Terapower Innovation, Corp. may apply the amount due at any time to the credit card listed on file.
3.1.2. Setup fees will be charged and are due at the time of the Customer’s initial request of the Services requiring setup.
3.2. Payment is due on the defined monthly recurring billing date of each month. All returned checks will be charged a $20.00 service fee. Service will be interrupted on accounts that reach 5 days past due. Accounts that are not collectable by Terapower Innovation, Corp. will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay to Terapower Innovation, Corp. a “Processing and Collection” Fee of not less than Fifty ($50.00) Dollars nor more than One Hundred Fifty ($150.00) Dollars.
4. Delinquent Accounts.
Terapower Innovation, Corp. may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, and any collection fees to which Terapower Innovation, Corp. may be entitled under this Agreement or under applicable law.
5. Account Cancellation.
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by filling out the “Cancellation Request Form” which is provided on the Terapower Innovation, Corp. Web site. You can find the “Cancellation Request Form” at the following Web page:
Once a Customer has cancelled their account before the renewal date, no more charges will be billed to the account. Cancellations on or after renewal will be charged renewal fees.
Paypal paying customers canceling their paypal subscription payment does not warrant cancellation of service. All cancellations must go through the cancellation form.
Customer can terminate their account for any reason or for no reason. However, Customer understands and agrees that Terapower Innovation, Corp. does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable.
6. Refunds and Disputes.
IMPORTANT NOTICE: EXCEPT AS EXPLICITLY PROVIDED IN THIS SECTION 6, ALL PAYMENTS TO TERAPOWER INNOVATION, CORP. ARE NONREFUNDABLE.
All payments to Terapower Innovation, Corp. are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within thirty (30) days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, which, in Terapower Innovation, Corp.’s sole discretion, are invalid under the terms and conditions of this Agreement, will result in service interruption, and reconnection fees to restore the desired service.
Without waiving any of its other rights under this Agreement, Terapower Innovation, Corp. offers to its Customers a 30-day money-back guarantee on fees for hosting services only (the “30-Day Guarantee”). If for any reason you cancel your account by filling in the account cancellation form and submitting it to Terapower Innovation, Corp., within thirty (30) days of the beginning of your service, Terapower Innovation, Corp. will refund your money with no questions asked; provided, however, that you have never previously obtained a refund under the 30-Day Guarantee. If you have ever previously obtained a refund under the 30-Day Guarantee, your account will be canceled, but no money will be refunded to you.
Please note that the amount refunded to you will be the amount you paid for hosting services only, and will not include any of the following fees:
• Setup fees,
• Fees for domain name registrations,
• Fees charged for exceeding your allotted disk storage space or bandwidth,
• SSL certificate fees,
• Web design fees,
• Web site marketing fees,
• Any add-on services, features, software, and
• Any other fees for services involving a third party.
The 30-Day Guarantee is subject to all of the following limitations:
o You are entitled to a maximum of one (1) 30-Day Guarantee.
o If you do not cancel your account within thirty (30) days of the beginning of your service, your right to the 30-Day Guarantee shall expire forever and may not be revived under any circumstances, without the prior express written approval of Terapower Innovation, Corp.
o You may not transfer or assign the 30-Day Guarantee to any third party.
o You agree that you will not circumvent the restrictions on the 30-Day Guarantee described in this document, or attempt to circumvent those restrictions by any means, including, but not limited to, the following actions:
Creating multiple accounts, using the same customer name or different customer names;
Canceling your account for the sole purpose of obtaining a refund and then registering for a new account;
Organizing multiple business entities or using assumed business names for the purpose of circumventing these restrictions;
Knowingly providing false or misleading information when you register for your account; or
Requesting a refund under the 30-Day Guarantee at any time after you have already received a refund under that guarantee.
o If you violate any provision of any of the following policies of Terapower Innovation, Corp., you will not be eligible for the 30-Day Guarantee:
Terms of Service (TOS);
Acceptable Use Policy (AUP); or
No-Spam Policy (NSP).
Changes to your service, including, but not limited to, adding new services, removing services, or changing the type of hosting plan you have do NOT make you eligible for an additional 30-Day Guarantee. The 30-Day Guarantee applies to your first order of Web hosting services from Terapower Innovation, Corp. and does not apply to any changes to your service at any time.
7. Customer agrees not to engage in any activity that violates any international, foreign, federal, state, or local laws applicable to the service terms described in this Agreement.
8. Terapower Innovation, Corp. reserves the right to discontinue service to any Customer it deems, in its sole discretion, violates any condition of service including, but not limited to, the following:
8.1. the Acceptable Use Policy, or
8.2. the No-Spam Policy.
9.1. In order to allow us to provide the best service to you, Terapower Innovation, Corp. accounts are backed up daily and weekly. However, these backups are intended for Terapower Innovation, Corp.’s administrative purposes only, to allow us to provide excellent service to our customers. As part of its commitment to first-rate customer service, Terapower Innovation, Corp. always seeks to create complete and accurate backups of customer accounts.
9.2. Even the best and most complete and redundant backup systems can and do fail for a variety of reasons, despite the best efforts of the Web hosting service. THEREFORE, TERAPOWER INNOVATION, CORP. DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF THESE BACKUPS OR THE DATA THEY CONTAIN. Consequently, you must not rely upon the availability, completeness, currency, or integrity of these backups.
9.3. Customers are responsible for maintaining their own backups on their own personal computers or other computers.
9.4. Terapower Innovation, Corp. does not provide any sort of compensation for lost, inaccurate, incomplete, or outdated data in the event that Terapower Innovation, Corp.’s backups do not function properly, regardless of the reason(s) for any such malfunction, even if the malfunction was due to the fault or negligence of Terapower Innovation, Corp. or any of its employees or agents, and regardless of whether Terapower Innovation, Corp. had been informed of the possibility of such malfunction, or any fault or negligence that might cause it.
9.5. In the event that you need to recover data from a backup, Terapower Innovation, Corp. will use reasonable efforts to restore data to your account from the appropriate backup. HOWEVER, PLEASE NOTE THAT THIS SERVICE IS INTENDED TO COMPLEMENT YOUR OWN BACKUPS TO YOUR OWN COMPUTER, AND IS NOT A SUBSTITUTE FOR THOSE BACKUPS. AGAIN, TERAPOWER INNOVATION, CORP. DOES NOT GUARANTEE THE AVAILABILITY, COMPLETENESS, CURRENCY, OR INTEGRITY OF ITS BACKUPS.
9.6. You understand and agree that Terapower Innovation, Corp.’s backup policy does not create any warranties for whose breach Terapower Innovation, Corp. can be held liable.
10. Customer agrees to defend, indemnify, and hold harmless Terapower Innovation, Corp., and the parents, subsidiaries, successors, assigns, employees and agents of Terapower Innovation, Corp. against any losses, claims, damages, liabilities, penalties, actions, proceedings or judgments (collectively, “Losses”) to which an indemnified party may become subject and which Losses arise out of, or relate to this Agreement or Customer’s use of the Services, and to reimburse an indemnified party for all legal and other expenses, including reasonable attorneys’ fees incurred by such indemnified party in connection with investigating, defending, or settling any Loss whether or not in connection with pending or threatened litigation in which such indemnified party is a party.
11. TERAPOWER INNOVATION, CORP. SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR
11.1. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, OR LOSS OF DATA RESULTING FROM THE USE OF TERAPOWER INNOVATION, CORP.’S SERVICES BY CUSTOMER OR ANY THIRD PARTIES, REGARDLESS OF THE FORM OF ACTION OR THEORY OF LIABILITY, OR
11.2. ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS.
12. TERAPOWER INNOVATION, CORP. PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TERAPOWER INNOVATION, CORP. DISCLAIMS ALL WARRANTIES OF NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS, AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF THE SERVICES AND TERAPOWER INNOVATION, CORP. SHALL HAVE NO LIABILITY THEREFORE.
13. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TERAPOWER INNOVATION, CORP. DISCLAIMS, ALL WARRANTIES, REPRESENTATIONS OR OTHER ENDORSEMENTS, EXPRESS OR IMPLIED, WITH REGARD TO THE INFORMATION ACCESSED FROM, OR THROUGH, THIS SERVICE, THE SYSTEMS WHICH PROVIDE IT, AND THE INTERNET, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE, OR NON-INFRINGEMENT OF ANY THIRD-PARTY RIGHTS.
14. TERAPOWER INNOVATION, CORP. DOES NOT ASSUME ANY LIABILITY FOR THE COMPLETENESS, ACCURACY, OR USEFULNESS OF ANY INFORMATION DISCLOSED OR MATERIALS ACCESSED THROUGH ITS SERVICES, ITS SYSTEMS, ITS NETWORKS, OR THE INTERNET.
15.No Waiver of Rights by Terapower Innovation, Corp..
Any failure by Terapower Innovation, Corp. to enforce this Agreement in every instance in which it might apply does not amount to a waiver of any of Terapower Innovation, Corp.’s rights.
ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTACT OR ANY BREACH THEREOF IN EXCESS OF $250.00 SHALL BE SETTLED BY ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION, AND JUDGMENT UPON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT OF COMPETENT JURISDICTION.
17.1. From Terapower Innovation, Corp. to Customer.
Terapower Innovation, Corp. will notify you by e-mail of any notices that Terapower Innovation, Corp. is required to provide to you under this Agreement, at the most current e-mail address you have provided to Terapower Innovation, Corp..
By entering this Agreement, you consent to receive notices by e-mail. You are solely responsible for ensuring that Terapower Innovation, Corp. has your most current e-mail address, and Terapower Innovation, Corp. shall not be responsible for any lost, misdirected, bounced, forwarded, or undeliverable e-mail that Terapower Innovation, Corp. sends to the most current e-mail address you have provided to Terapower Innovation, Corp..
17.2. From Customer to Terapower Innovation, Corp.
Unless otherwise specified in this Agreement, notices to Terapower Innovation, Corp. shall be sent to the following address:
Terapower Innovation, Corp.
18. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to choice of law or conflicts of law provisions that would cause the application of the law of another jurisdiction.
All monetary amounts to which this Agreement refers shall be in United States dollars.
20. Entire Agreement.
This Agreement, including all of its component parts, comprises the entire agreement between you (the Customer) and Terapower Innovation, Corp., and supersedes any prior or previous agreements between you and Terapower Innovation, Corp. with respect to the subject matter of this Agreement; provided, however, that you agree that you shall be subject to any additional terms and conditions of which Terapower Innovation, Corp. notifies you from time to time, pursuant to this Agreement.
21. No Oral Modification of this Agreement.
This Agreement may not be modified orally.
22.1 Customer shall not assign or attempt to assign its obligations under this Agreement without Terapower Innovation, Corp.’s prior and express written consent to such assignment.
22.2. Terapower Innovation, Corp. may assign any or all of its rights and obligations under this Agreement at any time without prior notice to or consent of Customer.
23. Consent to Jurisdiction; Venue.
Jurisdiction and venue for arbitration or litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof shall be proper only in a venue determined Terapower Innovation, Corp..
24. Choice of Law.
For all purposes, this Agreement shall be deemed to have been made within the State of Texas, United States of America. This Agreement shall be governed by the laws of the United States of America and the laws of the State of Texas, without regard to Texas’ choice of law and conflicts of law rules, and Terapower Innovation, Corp. and Customer each submit to the exclusive jurisdiction of the courts of Harris County, Texas, or to the United States District Court for the Southern District of Texas, should any claim or question arise under Federal law or federal jurisdiction based upon diversity of citizenship.
25. Force Majeure.
Terapower Innovation, Corp. shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, terrorism, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation, magnetic interference, interruptions of electrical power or other utility service, unavailability of any telecommunications or wireless service or connection to any telecommunications or wireless service, or any cause beyond the reasonable control of Terapower Innovation, Corp..
26. Unsuspended Account Fee.
Terapower Innovation, Corp. reserves his right to apply an Unsuspended Account Fee of $10.00 without prior notice to or consent of Customer after 30 days account due.
27. Severability of Terms of this Agreement.
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties hereto, and the remainder of the provisions shall remain in full force and effect.
28. Limitation of Actions Arising Under this Agreement.
Any cause of action you may have with respect to Terapower Innovation, Corp.’s performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.
29. Denial of Service
Terapower Innovation, Corp. reserves the right to refuse or discontinue service to anyone at our sole discretion.
30. Server Abuse
Server abuse includes any process or service usage that affects normal server/system operation, resources or connectivity, and which causes a server/system to become overloaded. Such abuse includes, but is not limited to, excessive CPU, hard disk and memory usage, excessive number of concurrent processes, excessive number of concurrent port or database connections and excessive bandwidth usage. Possible causes for server abuse include, but are not limited to, the excessive use of: CGI, Perl, Sendmail, MySQL, MSSQL, MSAccess, PHP, ASP, COLDFUSION, HTTP, SMTP, POP3 and FTP. Upon detection of server abuse, Terapower Innovation, Corp. will try to disable the specific script, website or database that is causing the abuse under your Service Account. If this is not possible, Terapower Innovation, Corp. will suspend your entire Service Account. The specific script, website or database under the Service Account or the Service account itself will only be resumed once the Customer has corrected the problem and convinced Terapower Innovation, Corp. that the abuse will not occur again. Terapower Innovation, Corp. will endeavor to provide prior notification before carrying out any such action but Terapower Innovation, Corp. may do so without any such notification, in its own discretion.
31. Abuse of Terapower Innovation, Corp. Staff or Support Personnel.
31.1. At Terapower Innovation, Corp., we take pride in providing excellent service to all of our customers. It is our policy always to treat our customers with the highest level of respect and courtesy. In return, we expect the same respect and courtesy from you.
31.2. If our staff feels that you are consistently engaging in abusive content toward them, or addressing them in a demeaning or rude manner, your account(s) may be suspended and you may be asked to take your business elsewhere. In the event that we terminate service for abusive conduct, customers will be given five (5) days’ notice to find a new Web host. We will issue a refund only for the unused portion of pre-paid service.
31.3. Abusive conduct includes, but is not limited to, the following behaviors:
• Repeatedly addressing members of our staff in a demeaning or rude manner;
• Using profanity in any oral or written communications with our staff, by any medium of communication, including but not limited to e-mail, instant messages, chat, text messaging, fax, postal mail, telephone, voice over Internet Protocol (VoIP), or in-person communication;
• Yelling or shouting at our staff;
• Deliberately using all capital (uppercase) letters in any written communication to our staff;
• Insulting our staff because of their personal characteristics, or on the basis of their race, ethnicity, national origin, sex, sexual orientation, religion, or housing or economic status; or
• Deliberately providing false information to our staff for the purpose of harassing them or wasting their time.
Acceptable Use Policy
1. Introduction, Purpose, and General Terms.
• 1.1. This Web site gives you the ability to learn about Terapower Innovation, Corp. and its products and services as well as the ability to access our network and services (“Terapower Innovation, Corp. Services”). By using this site, and any other sites or services owned, operated, or provided by Terapower Innovation, Corp., you signify your agreement to the terms, conditions and notices of this policy. “You” when used in the Agreement shall mean the Terapower Innovation, Corp. Customer of record and that Terapower Innovation, Corp. Customer’s end users.
• 1.3. This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of Terapower Innovation, Corp. (“Company”) governing the use by the Customer (“Customer”) of the Company’s services and products (“Services and Products”). The purpose of Terapower Innovation, Corp.’s Acceptable Use Policy (the AUP”) is to comply with all international, federal, state, and local laws and to protect the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by Terapower Innovation, Corp. Terapower Innovation, Corp. reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet athttp://terapower.net/legal.htm
• 1.4. In order to maintain an informative and valuable service that meets the needs of the users of this site and Terapower Innovation, Corp. Services, the rules in this AUP have been established to protect against abuse. The AUP is not an all-inclusive, exhaustive list and Terapower Innovation, Corp. reserves the right to revise, amend, or modify the AUP at any time as needed, effective upon either the posting of the revised, amended, or modified AUP tohttp://terapower.net/legal.htm
or notification to the Customer via e-mail to the e-mail address of Customer as set forth in the Service Descriptions.
• 1.5. Any violation of the AUP may result in the suspension or termination of your account or such other action, as Terapower Innovation, Corp. deems appropriate. No credits will be issued for any interruption in service resulting from violations of the AUP.
• 1.6. VIOLATION OF ANY SECTION OF THE AUP IS STRICTLY PROHIBITED AND MAY RESULT IN THE IMMEDIATE TERMINATION OR SUSPENSION OF THE SERVICES YOU RECEIVE FROM TERAPOWER INNOVATION, CORP.
• 1.7. Any questions or comments regarding the AUP should be directed to Terapower Innovation, Corp. by e-mail to the following e-mail firstname.lastname@example.org, for issues concerning the AUP.
2. General Prohibitions.
You may not use this site or Terapower Innovation, Corp.’s Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the Terapower Innovation, Corp. Network, or Terapower Innovation, Corp.’s Services, or any other part’s use or enjoyment of this site, the Terapower Innovation, Corp. Network, or Terapower Innovation, Corp.’s Services.
• 2.1. You may not use this site or Terapower Innovation, Corp.’s Services for any purpose that is unlawful or in any manner that could damage, disable, overburden or impair the operation of this site, the Terapower Innovation, Corp. Network, or Terapower Innovation, Corp.’s Services, or any other party’s use or enjoyment of this site, the Terapower Innovation, Corp. Network, or Terapower Innovation, Corp.’s Services.
• 2.2. Adult Content Prohibited.
o 2.2.1. Adult-oriented sites demand special system, network, and bandwidth requirements. Terapower Innovation, Corp. does not accommodate those extraordinarily large requirements in its standard shared, e-commerce, reseller, VPS and dedicated hosting plans. Therefore you may not use Terapower Innovation, Corp.’s services for adult-oriented and pornography sites. This includes sites that may include sexual content, or links to adult content elsewhere.
o 2.2.2. Where allowed by applicable law, Terapower Innovation, Corp. does not prohibit you from posting a static Web page that meets all of the following criteria:
the page merely advertises an adult service and provides information about how to contact the service offline, i.e., by telephone, facsimile, or postal mail and not via a link from a Web site that uses Terapower Innovation, Corp.’s services;
the page does not display any sexually explicit content and does not link to any Web page or site displaying any sexually explicit content; and
the page does not require a user to log in with a username or password to access any of the Web site’s content.
o 2.2.3. In some jurisdictions, even the notice and advertisement of adult-oriented services may be illegal. It is your sole responsibility to learn the laws that govern what you are and are not allowed to post on your Web site. As part of your agreement with Terapower Innovation, Corp., you must comply with all such applicable laws.However, Terapower Innovation, Corp. cannot and does not advise you or make any recommendations to you about the existence of any such laws in a particular jurisdiction. Nor does Terapower Innovation, Corp. advise you about how to comply with any such laws. Furthermore, laws vary throughout the United States of America and all over the world, so you should contact your legal advisor for more information and specific recommendations concerning the kinds of online materials that are legal in your region.
o 2.2.4. If you use Terapower Innovation, Corp.’s service to publish any content that any applicable law deems “harmful,” “inappropriate,” or “unsuitable” for minors (persons under 18 years of age), then you must provide appropriate protection to prevent minors from accessing that content. Such protection is your sole responsibility because Terapower Innovation, Corp. does not censor the content of your Web sites and pages.
o 2.2.5. If you have a reseller account with Terapower Innovation, Corp., you may not resell our hosting services to any clients or customers that sell adult content.
o 2.2.6. You may not use Terapower Innovation, Corp.’s services to sell or solicit sales for any of the following items, products or services because they are or may be illegal in one or more jurisdictions where Terapower Innovation, Corp.’s services are offered, or where they can be viewed through Terapower Innovation, Corp.’s services:
Online pornography or adult content for which a viewer must subscribe to access it,
Adult content-related products or services (including X-rated videos, pictures, etc. especially of individuals under 18 years of age), and
Obscene materials, as defined by law.
If we find any of your sites (or any of the sites of your customers, if you have a reseller account) to be selling any of the prohibited products or services, the offending accounts shall be subject to immediate account termination.
3. Compliance with Law.
Customer shall not use Terapower Innovation, Corp.’s Service or any other service or network to post, upload, transmit, retransmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data, or other information that, in Terapower Innovation, Corp.’s sole discretion:
• 3.1. violates, attempts to violate, or helps any third party to violate any local, state, federal, international, or non-United States law, ordinance, or regulation,
• 3.2. is threatening, obscene, indecent, pornographic, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another’s privacy, tortuous, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”),
• 3.3. threatens or encourages bodily harm or destruction of property,
• 3.4. harms any person,
• 3.5. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason,
• 3.6. is posted in violation of a newsgroup charter,
• 3.7. contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer,
• 3.8. violates any terms or conditions of any other network access provider or Internet service provider,
• 3.9. violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of “pirated” information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products,
• 3.10. adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous remailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations,
• 3.11. collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy,
• 3.12. has a negative effect on Terapower Innovation, Corp. or its network (including, without limitation, overloading servers on the Terapower Innovation, Corp. Network; causing portions of the Terapower Innovation, Corp. Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of Terapower Innovation, Corp., impose an unreasonable administrative burden on Terapower Innovation, Corp.; etc.), or
• 3.13. violates the prohibition on terrorist content and activities described below. Terrorist Content Prohibited.
o 3.13.1. The United States Homeland Security Act of 2002 defines “terrorism” as”any activity that-(A) involves an act that-(i) is dangerous to human life or potentially destructive of critical infrastructure or key resources; and(ii) is a violation of the criminal laws of the United States or of any State or other subdivision of the United States ; and(B) appears to be intended-(i) to intimidate or coerce a civilian population;(ii) to influence the policy of a government by intimidation or coercion; or(iii) to affect the conduct of a government by mass destruction, assassination, or kidnapping.”(Pub. L. 107-296 (2002) § 2(15)).
o 3.13.2. You may not use Terapower Innovation, Corp.’s services to do any of the following acts by any means, or resell Terapower Innovation, Corp.’s services to any individual or organization that you know to be doing any of the following acts by any means:
o 184.108.40.206. engage in terrorism,
o 220.127.116.11. solicit any other individual or organization to engage in terrorism,
o 18.104.22.168. conspire with any other individual or organization to engage in terrorism,
o 22.214.171.124. help any other individual or organization to engage in terrorism, or
o 126.96.36.199. knowingly engage in commerce with any of the following individuals or organizations
o 188.8.131.52.1. those persons listed in the Annex to the Executive Order No. 13225 of President George W. Bush (September 25, 2001) (referred to in this AUP as “the Executive Order”), as it may be amended from time to time, a copy of which is available online at the following Web page:http://www.ustreas.gov/offices/enforcement/ofac/legal/eo/13224.pdf
o 184.108.40.206.2. foreign persons that the Secretary of State of the United States of America has determined have committed or pose a significant risk of committing acts of terrorism against the United States or its people;
o 220.127.116.11.3. businesses and organizations that the Secretary of State of the United States of America has determined are owned, controlled by, or acting on behalf of terrorists or persons suspected of terrorism; and
o 18.104.22.168.4. persons whom the Secretary of the Treasury of the United States of America , in consultation with the Secretary of State and the Attorney General of the United States of America , has determined are:
o 22.214.171.124.4.1. helping terrorists or suspected terrorists by giving them money, material, or technology; or
o 126.96.36.199.4.2. associated otherwise with terrorists or suspected terrorists.
o 3.13 .2.5.5. transactions that avoid or attempt to avoid the prohibitions of the Executive Order; and
o 3.13 .2.5.6. conspiracies to violate the Executive Order;
o 188.8.131.52. knowingly engage in transactions or dealings in money, goods, or services with terrorists, suspected terrorists, or terrorist organizations; or
o 184.108.40.206. make donations to terrorists and suspected terrorists.
o 3.13.3. While Terapower Innovation, Corp. is not giving you legal advice or a consulting recommendation about how to comply with this no-terrorism policy or with the applicable laws that prohibit terrorism in the United States of America or in other countries, you may find the following general strategies helpful in complying with these requirements.
o 220.127.116.11. Verify the identity of any person who wants to buy goods, services, or information through your Web site. This includes, but is not limited to, the resale of Terapower Innovation, Corp.’s hosting services.
o 18.104.22.168. Check the names of any persons or organizations attempting to buy from your Web site against the Annex in the Executive Order.
o 22.214.171.124. Work with the company that provides transaction payment and fraud-prevention services for your e-commerce Web sites. The provider may be able to automate the identity checking for you.
4. System and Network Security.
Violations of system or network security are strictly prohibited, and may result in criminal and civil liability as well as termination of services from Terapower Innovation, Corp. Terapower Innovation, Corp. investigates all incidents involving such violations and will cooperate with law enforcement if a violation of the criminal law is suspected.
You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. 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 the security of another Terapower Innovation, Corp. account or attempt to gain unauthorized access to another network or server.
Examples of system or network security violations include, without limitation, the following:
• 4.1. Introduction into the network or server of any malicious program (examples: viruses, worms, Trojan Horses, logic bombs, and other executables intended to inflict harm).
• 4.2. Introduction into the network or server of any self-extracting file or program containing any malicious program as specified in Section 4.1 of this AUP.
• 4.3. Introduction into the network or server of any data, parameter, configuration, template, or control files for software applications that contain destructive macros or other malicious code.
• 4.4. Introduction into the network or server of any encrypted or compressed file or archive such as .zip or .gz files that contains any malicious program as specified in paragraphs 4.1 through 4.3 of this AUP.
• 4.5. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient, logging into a server or account that the Customer is not expressly authorized to access, or exceeding the access to a server or account that has been granted to the Customer. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.
• 4.6. Executing any form of network activity that will intercept data not intended for the Customer.
• 4.7. Circumventing user authentication or security of any host, network or account.
• 4.8. Interfering with or denying service to any user other than users of the Customer’s host (examples: denial of service attack or distributed denial of service attack).
• 4.9. Using any program script/command, or sending messages of any kind such as a punter, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.
• 4.10. Attempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any Terapower Innovation, Corp. Services or those of any other party.
• 4.11. Interfering with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.
• 4.12. Forging any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
• 4.13. Falsifying address information or otherwise modifying e-mail headers to conceal the sender’s or the recipient’s identity.
5. Internet Etiquette.
The Customer agrees to observe and abide by reasonable Internet etiquette (Netiquette). The Customer shall comply with the rules appropriate to any network to which Terapower Innovation, Corp. may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise tortuous, indecently depicts children, or is likely to result in retaliation against Terapower Innovation, Corp. by offended users. Terapower Innovation, Corp. reserves the right to refuse or terminate service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.
6. Child Pornography.
Terapower Innovation, Corp. will cooperate fully with any criminal investigation into a Customer’s violation of the Child Protection Act of 1984 concerning child pornography, or any other applicable international, federal, state, or local law that prohibits child pornography. Customers are ultimately responsible for the actions of their clients over Terapower Innovation, Corp. network, and shall be liable for illegal material posted by their clients.
According to the Child Protection Act, child pornography includes photographs, films, video, or any other type of visual presentation that shows a person who is or is depicted as being under the age of eighteen years and is engaged in or is depicted as engaged in explicit sexual activity, or the dominant characteristic of which is the depiction, for a sexual purpose, of a sexual organ or the anal region of a person under the age of eighteen years or any written material or visual representation that advocates or counsels sexual activity with a person under the age of eighteen years.
Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT
7. Terapower Innovation, Corp. No-Spam Policy (NSP).
• 7.1. Customer shall comply with all the terms and conditions of Terapower Innovation, Corp.’s No-Spam Policy (NSP) as described in this Section 7. Violation of the NSP shall be deemed a violation of this AUP and of the Customer’s Agreement with Terapower Innovation, Corp.
• 7.2. At Terapower Innovation, Corp., we are committed to providing valuable hosting services to our valued customers.
• 7.3. An important part of Terapower Innovation, Corp.’s mission is to be a respected and responsible member of the business and Internet communities. We take seriously our role in protecting our customers and the general public from nuisances such as “spam.” This section describes our NO-SPAM Policy. Please read it carefully, because it contains important information and because it is a material part of your Agreement with Terapower Innovation, Corp.
• 7.4. To report any spam you receive that identifies itself as coming from the terapower.com servers or claims to be related to Terapower Innovation, Corp. in any way, please send an e-mail message to us at email@example.com. In your message to us, please include a complete and accurate copy of the message that you consider to be spam, along with full message headers and routing information for e-mail, a message board provided by a Web site or an online service, Usenet, interactive chat message, or instant message service, as the case may be.
• 7.5. Definition of Spam.
Unsolicited commercial e-mail and electronic messages are colloquially referred to as “spam.” Other common names for spam include “spam e-mail,” “junk e-mail,” “bulk e-mail,” “direct e-mail,” and “mass e-mail.” Spam is the electronic equivalent of the direct mail you receive in your postal mailbox frequently.
In its most general terms, and as used in this NO-SPAM Policy (the “Policy”), spam is:
• a commercial e-mail message or other electronic message, including, but not limited to, messages that are:
• posted to an electronic mailing list (other than an “opt-in” e-mail list as described below),
• posted on an online bulletin board system or Web-based message board system or “guest book”,
• posted to a Usenet newsgroup,
• posted to the common area of an online community, group, or club,
• posted in a chat room,
• posted in a message board of a commercial online service (such as America Online),
• posted to a Weblog (“blog”),
• sent via an instant message system (such as ICQ, Yahoo! Pager, Yahoo! Instant Messenger, or AOL Instant Messenger),
• sent through e-mail or another Internet means of communication when the message’s ultimate destination is a facsimile (“fax”) machine, cellular or wireless telephone, or wireless device,
• a commercial e-mail message or other electronic message that is addressed to one or more recipients with whom you do not have an preexisting business or personal relationship,
• a commercial e-mail message or other electronic message that is sent to a mailing list of addresses that you purchased or that were otherwise distributed, or any list of e-mail addresses whose owners did not sign up for your specific mailing list, including without limitation lists commonly known as “affiliate lists,”
• a commercial e-mail message or other electronic message that is not sent at the request of, or with the express consent of, the recipient(s),
• a commercial e-mail message or other electronic message that is sent to a recipient who has opted out of receiving further commercial electronic messages from you, or
• a commercial e-mail message or other electronic message that contains forged headers, compromised mail server relays, or false contact information.
For purposes of this Policy, spam also includes any e-mail or other electronic message that is sent in violation of any applicable Federal, state, or local law regulating unsolicited commercial e-mail, unsolicited fax transmissions, or any other type of unsolicited commercial electronic message, regardless of whether that message fits the definition of “spam” provided above.
7.6. “Opt-in” E-mail Lists.
Please note: messages sent to “opt-in” e-mail lists are not spam, for purposes of this Policy, provided that those messages meet all of the following criteria:
• the messages are sent to an “opt-in” e-mail list in which ALL subscribers have VOLUNTARILY agreed to receive announcements and advertisements about products and services;
• the messages STRICTLY COMPLY with ALL the requirements and regulations of the “opt-in” e-mail list; and
• upon request of any subscriber to the “opt-in” e-mail list, you immediately stop sending that subscriber any e-mail regarding your products and services.
If you choose to use an “opt-in” e-mail list, please be aware that Terapower Innovation, Corp. will consider ANY violation of the requirements or regulations of such any third party provider of software or services for such a list to be a violation of this NO SPAM Policy.
Furthermore, Terapower Innovation, Corp. reserves the right to prohibit “opt-in” e-mail lists in the future if such a prohibition is reasonably necessary to keep its hosting service operating efficiently for all users.
7.7. Zero Tolerance for Spam.
Terapower Innovation, Corp. will not tolerate any spamming by any of its Customers. This prohibition of spam extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Terapower Innovation, Corp.’s services whether or not the message actually originated from our network.
Violation of this NO-SPAM policy will result in Terapower Innovation, Corp. taking one or more of the following actions:
• A warning via e-mail or telephone,
• Suspension of your site until further notice,
• Removal of DNS for the advertised/originating site, or
• Temporarily blocking outgoing mail from your site.
• Repeated violation of this NO-SPAM policy will result in immediate disconnection of service with no re-activation.
• Terapower Innovation, Corp. reserves the right to take all legal and technical steps available to prevent unsolicited bulk e-mail or other unauthorized e-mail from being sent from or transmitted through the Terapower Innovation, Corp. Network.
• PLEASE NOTE: The transmission of spam, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender, under various federal, state, and local laws and regulations, including the federal CAN-SPAM Act of 2003.
7.8 Indemnification of Terapower Innovation, Corp.
You agree to defend, hold harmless, and indemnify Terapower Innovation, Corp. from any harm or damages whatsoever resulting directly or indirectly from your engaging in any spamming practices or from your violation of any of the terms of this NO SPAM Policy.
7.9 Mailing Limits
Shared customer and resellers may not send more than 200 emails per hour per domain.
8. Resource Usage.
You agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account.
Shared customer and resellers may not use more than 1% CPU daily, 3% memory daily, run more than 8 simultaneous processes per user or allow any process to run for longer than 15 CPU seconds. Databases are limited to 8 max user connections with a max query time of 5 seconds.
Terapower Innovation, Corp. reserves the right to make adjustments to these limits at our sole discretion. If Terapower Innovation, Corp. takes corrective action Customer shall not be entitled to a refund of any fees paid in advanced.
9. No Editing, Censoring, or Control of Communications; Reservation of Rights.
Your participation in online communication or use of any Terapower Innovation, Corp. service is not edited, censored, or otherwise controlled by Terapower Innovation, Corp. However, Terapower Innovation, Corp. reserves the right to monitor content on this site and on any Terapower Innovation, Corp. servers, networks, or systems and to remove content, disable sites, or suspend or terminate services if Terapower Innovation, Corp., in its sole discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.
10. Export Control Laws.
Exporting encryption software over the Internet from the United States of America to countries other than the United States of America and Canada violates United States law, unless you have a license to do so from the Bureau of Industry and Security in the United States Department of Commerce. You are solely responsible for determining whether any of your software or other information contains encryption software and whether you require a license to export your software or information. You are also solely responsible for complying with all applicable laws governing the export of encryption products. For additional information, you may wish to visit the Bureau of Industry and Security’s Web site at:
11. International Use.
Terapower Innovation, Corp. makes no representation that materials available on this site or any or through any Terapower Innovation, Corp. service are appropriate or available for use in locations outside the United States, and accessing them or using them from territories where their contents are illegal is prohibited. Customers and their users who access this site or any site hosted by Terapower Innovation, Corp. from locations outside the United States of America are solely responsible for compliance with all applicable local laws and regulations. Moreover, to the extent allowed by law, Customers agree to defend, indemnify, and hold harmless Terapower Innovation, Corp., its parents, subsidiaries, partners, joint venturers, employees and agents, and all their respective heirs, successors, and assigns for any acts of Customer or Customer’s users that may violate any applicable law.
12. Intellectual Property Rights.
• 12.1. All Terapower Innovation, Corp. Web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of Terapower Innovation, Corp., © 2004. All rights reserved. If any page, information, or content is copied, it may only be copied for non-commercial uses that are explicitly allowed under the Customer’s Agreement with Terapower Innovation, Corp. or by law, and Terapower Innovation, Corp. shall, in any event, retain all copyright and other proprietary interests in said page, information, or content.
• 12.2. You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any Terapower Innovation, Corp. service. Nothing on any Terapower Innovation, Corp. Web site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to Terapower Innovation, Corp. by virtue of it being displayed or made accessible on any Terapower Innovation, Corp. Web site. Except as expressly authorized, you agree not to use this site or any Terapower Innovation, Corp. Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any Terapower Innovation, Corp. Services.
• 12.3. If you use a domain name or content in connection with the Terapower Innovation, Corp. Web hosting or any other Web hosting service, you agree not to use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party. Specifically, and without limitation, you agree that you will not engage in, attempt to engage in, or conspire with others or solicit others to engage in any cyber squatting or domain name hijacking,
• 12.4. Terapower Innovation, Corp.’s data center infrastructure including all hardware, software, and telecommunications facilities located in its data center may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any United States or state regulation or law or the common law, or any applicable foreign or international law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, patent, trade secret, or other intellectual property rights.
• 12.5. Creating, utilizing, or distributing unauthorized copies of software or other information content is a violation of international, federal, and state law. If you copy, distribute, or install software or other information content in ways that the license to use that content does not allow, you are violating federal copyright law and international copyright law. Terapower Innovation, Corp. will cooperate with all law enforcement agencies in relation to alleged copyright infringement based on content housed in our data centers.
• 12.6. Please see Copyright Infringement Reporting on the Terapower Innovation, Corp. Web site for procedures on disclosing alleged copyright infringement.
13. Customer’s Grant of Limited License to Terapower Innovation, Corp.; Warranties on Content.
By posting or submitting content to any Terapower Innovation, Corp. Web site or server, you:
• 13.1. Grant Terapower Innovation, Corp. a limited license to transmit, copy, store, back up, and retrieve the content, solely for the purpose of providing you with the services you are purchasing under your Agreement with Terapower Innovation, Corp.;
• 13.3. Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by Terapower Innovation, Corp. does not and will not infringe or violate the rights of any third party; and
• 13.4. Agree to defend, hold harmless, and indemnify Terapower Innovation, Corp. for any claims of any third party resulting from the public posting or use of your content.
14. IP Allocation.
Terapower Innovation, Corp. administers an Internet network on which multiple Customer servers reside. Customers shall NOT use Internet protocol (IP) addresses that were not assigned to them by Terapower Innovation, Corp. staff or network administrators.
15. Restrictions on Use of Terapower Innovation, Corp. Services.
• 15.1. You may not operate Internet Relay Chat (“IRC”) servers using Terapower Innovation, Corp.’s services.
• 15.2. You may not run any IRC robot on any IRC server that might interfere with the Services or otherwise violate this AUP. When logged into any IRC server, you must comply with the rules and policies established by that IRC’s service administrator.
• 15.3. You must not use any programs that may or will interfere with another’s use of this site or any Terapower Innovation, Corp. Services.
• 15.4. You may not run any background processes on the Terapower Innovation, Corp. servers, networks, or systems without prior written authorization from Terapower Innovation, Corp.
• 15.5. You may not use any Terapower Innovation, Corp. services to send denial-of-service (DOS) attacks to any computer or network, or to “flood” any computer or network.
• 15.6. You may not host any type of HYIP, autosurf, proxy, or bit torrent on Terapower Innovation, Corp. servers.
• 15.7. You may not use any Terapower Innovation, Corp. services to make available to third parties for any use other than normal access to that account’s Web site.
• 15.8. You may not use our service to host software download websites or the serving of file downloads. Any websites with bandwidth usage or disk usage consisting mainly of downloads will be suspended.
• 15.9. You may not use our service to offer any free services including but not limited to free hosting, free email service, free blogging service, free home pages, free image hosting. More information can be obtained in section R1. of our TOS.
• 15.10. You may not use our service as an offsite file storage area for any files. Any use of Terapower Innovation, Corp. services is strictly intended for that account’s web site only.
• 15.11. Terapower Innovation, Corp. reserves the right to add further restrictions to Customers’ use of the Terapower Innovation, Corp. Services if such further restrictions are reasonably necessary to keep its hosting service operating efficiently for all users.
16. Suspension and Cancellation.
17. Notices Regarding Violations of AUP and Intellectual Property Rights.
• 17.1. The Terapower Innovation, Corp. Agreement and all its components prohibit acts of copyright and trademark infringement and other unlawful behavior by Terapower Innovation, Corp. Customers. Terapower Innovation, Corp. takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary.
• 17.2. General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to firstname.lastname@example.org. If possible, please provide the IP address used to commit the violation, the date and time of the violation, and evidence of the violation. Terapower Innovation, Corp. will reasonably investigate incidents involving such alleged violations. Terapower Innovation, Corp. may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.
• 17.3. Copyright/Trademark Infringement Complaints: If you believe that your copyright or trademark has been used by a Terapower Innovation, Corp. subscriber without permission, such that the use may constitute infringement of your intellectual property rights, please see the instructions on how to send your claim at:
All monetary amounts to which this Agreement refers shall be in United States dollars.
Terapower Innovation, Corp. may revise this Acceptable Use Policy without prior notice. Such changes will be posted at http://terapower.net/legal.htm . You are responsible for reviewing the online Acceptable Use Policy to stay updated of any changes.
Terapower Innovation, Corp. is strongly committed to protecting the privacy of its Client’s and of its interactive products and services. Throughout cyberspace, we want to contribute to providing a safe and secure environment for all our Client’s, Customer’s and Visitor’s.
Finally, please note that this policy applies only to Terapower Innovation, Corp. and Web sites that carry the Terapower Innovation, Corp. brand, and not to other companies or organization’s web sites to which we link. We have clearly marked Terapower Innovation, Corp. or Terapower Innovation, Corp. and these branded Web sites with our copyright information so you know where this policy applies.
“Client”: The trader being a company, partnership, sole trader or other organization or any individual, which undertakes to accept Terapower Innovation, Corp. Services.
“Partner”, “Affiliate”: A third-party organization that provides Internet development, hosting and/or Internet access services and/or other services to the Terapower Innovation, Corp. and/or Client.
“Services”, “Products”: Web Site hosting, Web design, Domain name registration, DNS hosting, email hosting and other related internet services.
3. Collecting Information About All Terapower Innovation, Corp. Web Site Visitors
In general, our service automatically gathers certain usage information like the numbers and frequency of visitors to Terapower Innovation, Corp. and its areas, very much like television ratings that tell the networks how many people tuned in to a program. We only use such data in the aggregate. This collective data helps us determine how much our Clients use parts of the site, so we can improve our site to assure that it is as appealing as we can make it for as many of you as possible. For example, Terapower Innovation, Corp. uses a technology nicknamed “cookies” that tells us how and when pages in the site are visited, and by how many people. Terapower Innovation, Corp. cookies do not collect personally identifiable Information and we do not combine information collected through cookies with other personally identifiable Information to tell us who you are or even what your screen name or e-mail address is.
How our service automatically gathers certain usage information:
A. “Cookies” A cookie is a piece of data stored on the user’s hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on our site. Once the Client closes their browser, the cookie simply terminates. If a Client rejects the cookie, they may still use the site. The only drawback to this is that the Client will be limited in some areas of the site.
B. Log Files: We use IP addresses to analyze trends, administer the site, track Client’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.
C. “Tell-A-Friend” If a Client elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Terapower Innovation, Corp. will automatically send the friend a one-time email inviting them to visit the site. Terapower Innovation, Corp. does not store this information as it is a one-time email.
4. Collecting Personal or any Specific Information via On-Line Forms
Sometimes, we may specifically ask for information about you when you sign up to use a service, like “Members Area”, or when you order a product or ask us for the Service Quote. We will need certain information — such as name, Internet address, billing address, type of computer, credit card number — in order to provide that service or product to you. We may also use that information to let you know of additional products and services about which you might be interested.
How we may collect Personal or Any Specific Information:
A. “Registration” In order to use some parts of Terapower Innovation, Corp. Website or gained information of some product or/and services, Client must first complete the registration form. During registration Client is required to give their contact information (such as name and email address). This information is used to contact the user about the services on our site for which they have expressed interest.
B. “On-Line Payment”, “Shopping Cart” We request information from the Client in our order form and/or service payment form. Here Client must provide contact information (like name and billing address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill Client’s orders. If we have trouble processing an order, this contact information is used to get in touch with the Client.
5. Use, Collection and Retention of Client Information
Terapower Innovation, Corp. collects, retains and uses only the information about our Client’s that is required by law to administer Terapower Innovation, Corp. business and provide high-level services to our Client’s. We retain this information no longer than necessary to meet these objectives.
6. Maintenance of Accurate Information
Terapower Innovation, Corp. has established procedures so that a Client’s financial and personally identifiable information is accurate, current and complete in accordance with reasonable commercial standards. Any request to correct inaccurate information is responded to within a timely manner.
7. Limiting Employee Access to Information
All Terapower Innovation, Corp. employees are educated about the importance of privacy and confidentiality. Only those employees having a business reason for knowing such information have access to personally identifiable information.
8. Protection of Information via Established Security Procedures
Terapower Innovation, Corp. maintains rigorous security standards and procedures regarding unauthorized access to Client information. Therefore we do not store very sensitive information such as Credit Card Information on-line or in any computer accessible from the internet.
9. Maintaining Client Privacy in Business Relationships with Third Parties
We do not use or disclose information about your individual visits to Terapower Innovation, Corp. Sites or information that you may give us, such as your name, address, e-mail address or telephone number, to any outside companies. But sometimes it is necessary to provide personally identifiable Client information to a third party, Terapower Innovation, Corp. shall insist that the third party adheres to similar privacy principles that are provided for keeping such information confidential.
10. Restrictions on the Disclosure of Account Information
Terapower Innovation, Corp. provides information about Client’s accounts or other personally identifiable data to third parties only when:
A. The information is provided to help complete a Client initiated transaction
B. The Client requires it
C. The disclosure is required by/or allowed by law
D. It is necessary to process transactions and provide our services.
11. Disclosure of Privacy Principles to Clients
Terapower Innovation, Corp. Client’s have the right to know what information we keep about them and how the information is used. Client’s have the right to have any inaccurate information corrected or deleted.
12. Unsolicited E-mail Circulars Policy
Unsolicited email circulars (SPAM) – are becoming an increasing nuisance to Internet users. These mass direct mail-shots can cause inconvenience, annoyance and expense to recipients. Terapower Innovation, Corp. does not condone such practices in any form, nor do we sanction such applications by other websites.
Terapower Innovation, Corp. is committed to complying with U.S. copyright law and expects you to do the same. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for owners of copyrighted material who believe that their rights under U.S. copyright law have been infringed on the Internet. Under the DMCA, copyright owners may contact the authorized agent of an Internet service provider to report alleged infringements of their protected works appearing on Web pages hosted by the service provider. Upon receipt of a properly filed complaint satisfying the requirements of the DMCA, Terapower Innovation, Corp. will remove or block access to the allegedly infringing material. If you believe in good faith that a notice of copyright infringement has been wrongly filed, you may submit a counter-notice to Terapower Innovation, Corp. Customers who are the subject of a DMCA notification that meets the below criteria may be subject to account termination at Terapower Innovation, Corp.’s sole discretion. Terapower Innovation, Corp. will not be a party to disputes over alleged copyright infringement.
If you believe that your copyrights have been infringed, or if a notice of copyright infringement has been filed against you, we advise that you seek legal counsel. We are providing the following information to you for informational purposes only.
Notification of Claimed Copyright Infringement
If you believe that a Web page hosted by Terapower Innovation, Corp. is violating your rights under U.S. copyright law, you may file a complaint of such claimed infringement with Terapower Innovation, Corp.’s designated agent in the manner described below.
E-mail to: email@example.com
For your complaint to be valid under the DMCA, you must provide the following information when providing notice of the claimed copyright infringement:
a. A physical or electronic signature of a person authorized to act on behalf of the copyright owner
b. Identification of the copyrighted work claimed to have been infringed
c. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled as well as information reasonably sufficient to permit Terapower Innovation, Corp. to locate the material
d. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address
e. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
(For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).)
You should be aware that, under the DCMA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys fees.
Counter-notification to Claim Copyright Infringement
If a notice of copyright infringement has been filed against you, you may file a counter-notification with Terapower Innovation, Corp.’s designated agent at the address listed above. Such counter-notification must contain the following information:
a. Physical or electronic signature
b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled
c. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
d. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the federal district in which you are located, and that you will accept service of process from the complainant
If Terapower Innovation, Corp. receives a valid counter-notification, the DMCA provides that the removed material will be restored, or access re-enabled.
Please be advised that U.S. copyright law provides substantial penalties for a false counter-notice filed in response to a notice of copyright infringement.
Any party seeking to report any other potential violations of this Agreement may contact Terapower Innovation, Corp. via email at firstname.lastname@example.org
Anti SPAM Policy
Terapower Innovation, Corp. Strictly Forbids Spamming and Enforces, this Policy.
We Will Terminate Your Membership if You Spam.
• Anti-Spam Policy
terapower.com strictly prohibits the sending of unsolicited mass e-mails of any kind. If a member is reported for “spamming”, terapower.com will investigate and terminate the member’s account and make them ineligible for a new account. This includes clients who have host space from terapower.com, resellers, VPS-dedicated server owners, and referrals who earn money by referring others.
• What does spamming mean?
Spamming mean sending unsolicited and unauthorized e-mails to businesses and individual who do not know you personally and have not agreed to receive your messages.
• Take Action
Please report spamming to email@example.com
Be sure to including the following in your report:
o Spammer’s Member USERNAME# if applicable
o A copy of the spam email
o Full spam email header (Click Here to see how you can retrieve them).
Terapower Innovation, Corp., referred to as “Terapower.com” or “terapower.com” at its sole discretion, may choose to change the terms, conditions and operation of this Web site at anytime. By using this service the user waives any rights or claims it may have against Terapower.com.
The content available through the Site is the sole property of Terapower.com or its licensors and is protected by copyright, trademark and other intellectual property laws. Except as otherwise explicitly agreed in writing, Terapower.com-owned content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by Terapower.com licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Site to anyone, including but not limited to others in the same company or organization without Terapower.com’s express prior written consent.
WITHOUT LIMITING THE FOREGOING, TERAPOWER.COM SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THIS AGREEMENT OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS ADVERTISE THEIR PRODUCTS AND SERVICES ON THE TERAPOWER.COM WEB SITE. TERAPOWER.COM FORMS PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS TERAPOWER.COM MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S PRODUCTS OR SERVICES, NOR WILL TERAPOWER.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST TERAPOWER.COM WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.