Tera-Byte Wireless Inc. Acceptable Use Policy

Violations, queries, and information regarding the Tera-Byte Wireless Acceptable Use Policy should be addressed to abuse@tbwifi.ca.


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 Wireless network. This Policy applies to all components of Tera-Byte Wireless 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 Wireless Inc. network; All Information Systems Environments operated by Tera-Byte Wireless Inc. or contracted with a third party by Tera-Byte Wireless 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 Wireless Inc. to access the Internet you become a member of two communities. You become part of the community of Tera-Byte Wireless 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 Wireless 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 Wireless Inc. accounts and resources. Tera-Byte Wireless Inc.ís AUP chiefly prohibits

All customers, clients, and users of the Tera-Byte Wireless 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 Wireless Inc. intends to provide its clients, customers, and users access to everything the Internet has to offer. While Tera-Byte Wireless Inc. is firmly committed to the principles of free speech, certain activities are damaging to the resources of both Tera-Byte Wireless Inc. and the Internet and cannot be permitted under the guise of free speech.

The resources of Tera-Byte Wireless 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 be utilized for the purpose of running Internet servers, such as Web, Chat, FTP, etc.


Shared Hosting

Defined as client based accounts on web servers administered by Tera-Byte Wireless Inc.


Dedicated Servers

Defined as client based accounts renting servers administered by the client, not Tera-Byte Wireless Inc.


IRC activity

We discourage IRC activity on the Tera-Byte Wireless 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 Wireless will keep the deposit and disconnect the server until we receive another deposit. At the end of your term with Tera-Byte Wireless (or if you discontinue IRC activity), we will refund the deposit if there have been no network attack incidents. Email support@tbwifi.ca for details on how to make this payment.


NON ASSIGNMENT

The benefits conferred by this agreement are non-transferable and non-assignable by customers, subscribers, or account holders. 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 Wireless Inc. account:


FAIR USE

No Customer, Client or any other Person shall use or permit to be used the Tera-Byte Wireless 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 Wireless Inc. Inc., that a Customer, Client or user is utilizing his/her/their Tera-Byte Wireless Inc. Services in any manner that prevents FAIR usage thereof by other Customers, Clients or Persons and/or it is deemed by Tera-Byte Wireless Inc. Inc., that a Customer, Client or Person is utilizing his/her/their Tera-Byte Wireless Inc. Services in any manner that is not a PROPORTIONATE usage thereof with other Customers, Clients or Persons;

Tera-Byte Wireless Inc. may:


Since wireless radio equipment has a finite amount of bandwidth available to share between all Customers on an Access Point, during periods of congestion, advertised peak speeds may be unavailable and observed speeds may be slower. This is a limitation of the equipment and available radio spectrum, and is not an artificial limit imposed by Tera-Byte Wireless.


ELECTRONIC MAIL

Your Tera-Byte Wireless Inc. account gives you the ability to send and receive electronic mail. Tera-Byte Wireless 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 Wireless 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 Wireless 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 Wireless 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 Wireless Inc. provides an uncensored newsfeed. As such, Tera-Byte Wireless Inc. does not control the content of the newsgroups available to you. Tera-Byte Wireless 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 Wireless Inc. is not responsible for the content of any newsgroup message, whether or not the message was posted by a Tera-Byte Wireless 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 Wireless 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 Wireless 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 Wireless 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 Wireless Inc. may, at its sole discretion, remove the homepage, web pages, or web site hosted on Tera-Byte Wireless 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 Wireless 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 Wireless 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 Wireless 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 Wireless 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.

Monthly transfer is calculated as the sum of all data transferred to and from the customer's Internet connection from 12:00am on the first day of the month to 11:59pm on the last day of the month. Any amount exceeding the monthly transfer limit of the customer's package will be charged separately at $2.00 per gigabyte over the limit of the package the customer is subscribed to on the first day of the next month. For example, transfer accrued during the month of January will be calculated and billed on February 1 based on the package the customer is subscribed to at that time.

Tera-Byte Wireless 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 Wireless 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 $25.00 service charge for each returned check or EFT. 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 Wireless Inc. listserver in order for you to receive the Tera-Byte Wireless Inc. newsletters and important notices.

In the event of a disputed charge ("chargeback") on a credit card payment, whether initiated by the cardholder, the issuing bank, or any other party, a $100.00 fee per disputed charge will be applied to the customer's account and all services associated with the customer's account(s) will be suspended until this fee has been paid.


ACCOUNT CANCELLATIONS

If you want to cancel your account with Tera-Byte Wireless Inc.
Cancellation requests for Tera-Byte Wireless Inc. accounts must be done by calling our office, requesting cancellation, and scheduling an uninstall of the wireless equipment. Cancellation requests must be made one month prior to the next billing cycle. There are no refunds (prorated or otherwise) for unused time due to cancellation.


TECHNICAL SUPPORT

Tera-Byte Wireless Inc. will only be responsible for the Internet software that is included with the Tera-Byte Wireless Inc. installation packages for standardized hardware. Internet software that has not been provided by Tera-Byte Wireless Inc. or systems that are not standardized are not the responsibility of Tera-Byte Wireless 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.


VoIP SERVICE
During a power or an Internet outage, VoIP services, including 9-1-1, will be unavailable. Make sure your 9-1-1 location information is up to date with us. The operator may assume that you are at the last registered address if you are not able to speak during a 9-1-1 call.


NETWORK PERFORMANCE

Tera-Byte Wireless 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 Wireless Inc. systems or networks. Tera-Byte Wireless Inc. reserves the right to terminate or limit such activities.


PENALTIES

Abuse of the system by a user generally costs Tera-Byte Wireless Inc. time, money and resources. It is not fair that this additional cost should be borne by the other customers of Tera-Byte Wireless 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 Wireless Inc. reasonable collection and attorney fees on service charges shown, without regard to further legal action taken by Tera-Byte Wireless 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 Wireless Inc. is not responsible for Customer's files residing on the Tera-Byte Wireless Inc. network. Customer is responsible for independent backup of all such data at a site determined by customer. Tera-Byte Wireless Inc. cannot and does not exercise any control whatsoever over the information passing through its network or through the Internet. Tera-Byte Wireless Inc. is in no way responsible for any data loss or damage arising from viral infection from the Internet. Tera-Byte Wireless 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 Wireless Inc.�s Internet Services. Tera-Byte Wireless 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 Wireless Inc.�s Internet Services is at your sole risk. Tera-Byte Wireless Inc. specifically disclaims any responsibility for the accuracy or quality of information obtained through Tera-Byte Wireless Inc.�s Internet Services. As a user you are warned that some Internet sites accessible via the Tera-Byte Wireless Inc. network allow posting, retrieval, and/or electronic mailing of materials that may be considered obscene or objectionable. Tera-Byte Wireless 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 Wireless 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 Wireless Inc. (AKA Tera-Byte Wireless Inc.) 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 Wireless 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 Wireless 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 Wireless 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 Wireless Inc. has been informed of the possibility of such damages, or for any claim by any other party.

OPERATION

Tera-Byte Wireless 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 Wireless Inc. Web page. Customers are encouraged to review the current Acceptable Use Policy on a regular basis. Customer's use of Tera-Byte Wireless Inc. network after such notice shall constitute Customer acceptance of such modifications. Customer understands that Tera-Byte Wireless 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 Wireless Inc. may elect to provide a pro rata or additional/extension of service refund for service interruptions of greater than 24 hours. Tera-Byte Wireless Inc. reserves the right at its sole discretion to delete any information entered into Tera-Byte Wireless Inc. network computer systems by Customer. Tera-Byte Wireless Inc. and its authorized representatives shall retain the right, but shall not be obligated, to review/accept/reject publicly viewable information. Tera-Byte Wireless 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 Wireless Inc. reserves the right to disconnect non-dedicated dial-up connections exceeding 4 hours in connection duration. Tera-Byte Wireless 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 Wireless 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 Wireless Inc.