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Legal agreement for Servers

 

1. TERAPOWER INNOVATION, CORP. also it provides direct connectivity to Internet, and from its Data Center in Los Angeles, CA, the USA (of here in but “Data Center”), providing a variety of support to software and hardware to his clients.

2. The client wishes to connect himself through an equipment (“servant”) rented by in center of data for the intentions obtaining the access and services of the Internet of TERAPOWER INNOVATION, CORP. by the term of a month (“monthly”) as of the date of the beginning or if the client pays in advance annual then he is called by twelve months. The date of the beginning will be the date that the packages of Internet begin to flow to the servant of the client, (“date of the beginning of the service”).

3. TERAPOWER INNOVATION, CORP. it will provide basic services (“Internet Services”) to the client, who will include direct connection and bandwidth of the equipment to the Switch Internet or Router via an Ethernet connection. The client will select his bandwidth from the options in the webpage of Terapower. If the client chooses an expandable package of bandwidth then can be invoiced by excess of use of the bandwidth. The rent of the dedicated servant includes 1 handoff/server of Ethernet of a main switch and 1 connects of energía/de the rented servant (110v standard and up to 450 watios).

4. The total cost by the services and the costs of setup and any other according to the chosen thing by the client is payable in advance in the beginning of the service and they invoice monthly of there in but. Terapower Innovation, Corp. it will invoice automatically in monthly form to means of provided payment by the client. It will provide to the client a link via Web to MRTG or CACTI so that the client in real time can see the used bandwidth. The IPs extra are granted according to the ARIN.NET policies. 1 IP this including without cost. Each extra IP can be rented to $3,00 per month.

5. a. There are not no Administrative costs either costs by rebooteo of the servant and the technical support is provided the 24 hours. The technical assistance related connectivity also is gratuitous. ALL REPLACEMENT OF A FAILED PART OF THE SERVANT IS ALSO WITHOUT COST FOR THE CLIENT!

b. The client can be required to make an additional deposit to cover advance excessive use with bandwidth if the graph in MRTG/CACTI demonstrates to a use of bandwidth superior to the contracted one. The lack of this payment can give rise to the suspension of the account until the same becomes. TERAPOWER INNOVATION, CORP., by all means, will notify in advance to the client of such excess in the use.

c. If the client therefore asks for it TERAPOWER INNOVATION, CORP. he will provide technical assistance by order. The client will pay to TERAPOWER INNOVATION, CORP. $95 per hour have supported asked for specific technician.

d. All the honoraria will be phelp in advance and must received by TERAPOWER INNOVATION, CORP. before the date of victory of the preceding month on watch. The reception of an invoice of TERAPOWER INNOVATION, CORP. before the date due it is not argument to delay of the payment. If the payment is not received in the which had date, TERAPOWER INNOVATION, CORP. it can impose a surcharge of $50/server and if the payment is not received within the seven (7) later days to date due TERAPOWER INNOVATION, CORP. it can to his single discretion realise the disconnection of the servant of the client without previous the previous warning and no responsibility towards Terapower Innovation, Corp.

e. In case the client pays the monthly positions after TERAPOWER INNOVATION has been disconnected and, CORP. he decides to return to connect service to the client, will be a minimum position of reconexión of $50.

f. For the case of Colocation. After the event of the disconnection for any reason, still the client must pay to the equal honoraria of storage to the tariff in paragraph 4 - the normal monthly tariff. TERAPOWER INNOVATION, CORP. it does not store equipment in datacenter free of charge. One suggests the client who pays exceptional honoraria TERAPOWER INNOVATION, CORP. and it retires the equipment precise.

g. The client understands that TERAPOWER INNOVATION, CORP. he realises anticipated purchases of bandwidth to provide the services for the set-up of the connectivity of the client to Internet.

h. TERAPOWER INNOVATION, CORP. it will not be required to give back any honorarium to the client according to this agreement, except by mutual agreement.

i. The client can cancel this agreement at any time. There are reimbursements of no no nature due to the cancellation unless the client has phelp 1 YEAR in advance and cancels early to this term. In this case one will collect the difference between in advance phelp amount and the amount that the client would have phelp per month to the tariff of the monthly one. The positions of Set Up are not reimbursable under any aspect.

j. The client is found out and she is required to him to deliver a reasonable attack in considering the monthly use of the bandwidth and to in advance pay such amount for the first month of this contract. The subsequent months will be based on the monthly use of the bandwidth of the 30 previous days and will be payable to the date due of every subsequent month for the term in this agreement.

6. The client is found out and understands that:

a) Data Center where the servers of TERAPOWER INNOVATION are located, CORP. the public premises, the department of water Los Angeles obtain its electrical current of the company on watch and energy, (“DWP”) - divergent grids of energy feed the building with TEN power plants on 5,000 amperes and 17 generators diesel. Terapower Innovation, Corp. it cannot guarantee the operation of the DWP, despite it must be observed that DWP habitually produces an excess of energy and that during California Brown Outs”  sold energy DWP to Edison did not lower. In addition, all the power consumption of TERAPOWER INNOVATION, CORP. it is endorsed by generators diesel A/B UPS and the energy in emergency N+1, backups tries on routinely.

b) TERAPOWER INNOVATION, CORP. it obtains his access to Internet of several suppliers of backbone of Internet that they include although they are not limited LEVEL 3, WILTEL, FORT, XO, MZIMA, and AT&T. TERAPOWER INNOVATION, CORP. the right is reserved to change of supplier of bandwidth without previous warning.

c) The availability of the access of the Internet to TERAPOWER INNOVATION, CORP. it is not entirely under control of TERAPOWER INNOVATION, CORP. but the access of the Internet is guaranteed by TERAPOWER INNOVATION, CORP. to be of 99,5% of uptime.

d) Sample puts is to provide an uninterrupted service to the client, but there will be times that the connectivity to Internet can be interrupted, in this case the access to Internet will not be available for TERAPOWER INNOVATION, CORP. and for the team of the client in center of Data. As TERAPOWER INNOVATION, CORP. it is connected with the multiple suppliers of the access to Internet and uses BGP-4 – it can prosecute superfluous networks of traffic towards outside in the case of any fault in the network. He would be very unusual that all the connections of Internet fail at the same time.

e) A servant can go out and/or work at any time incorrectly due to a variety of reasons, including and not limited when driving of malfuncionamiento of the public network, the equipment, problems of programming, problems of Internet, etc.

f) TERAPOWER INNOVATION, CORP. it can in center realise an interruption of the services due to a programmed task of maintenance or not of the equipment of data. TERAPOWER INNOVATION, CORP. it will notify to the client of such dates and any interruption via email.

7. TERAPOWER INNOVATION, CORP. he is not responsible for losses of businesses, financiers or of another nature, as a result of the services that offer. Such guarantees are not included in this agreement.

8. For the case of Colocation TERAPOWER INNOVATION, CORP. it will deliver reasonable attacks to protect the team of the client, nevertheless, the client must have his own one surely or provide it his own remedy for the losses (“losses”) due to a) discontinuation of the connectivity of Internet for any reason, damages of b) to the office of the equipment or the client due to any reason, including but not limited a: water fire, theft, escapes, earthquake and all the acts of God, and loss of c) of rent of the client, damage to the software of the client, or of losses due to any other possible incident (including “losses”). In any case, the client will endorse to defenseless TERAPOWER INNOVATION, CORP., their employees, agents and against all the losses of the client.

9. The client will compensate, defend and endorse to defenseless TERAPOWER INNOVATION, CORP., their employees, officials, agents and against all demands, losses and cause of the action by any person due to the connectivity of the servant and the team of client to Internet through the facilities of TERAPOWER INNOVATION, CORP. in center of data (“indemnification”). This indemnification will include all the causes of the action, including but not limited in demands, opinions, activity of the collection and harassment.

10. TERAPOWER INNOVATION, CORP. the right is reserved to discontinue service to the client at any time, without reimbursement, informing to the provided direction of TERAPOWER INNOVATION, CORP. by the client (E-mail) for the following reasons:

a) Violation of the indicated terms of the attached service in http://terapower.net/legal.htm

b) False declarations with the aim of increasing its gains at the expense of TERAPOWER INNOVATION, CORP.

c) Lack in following the instructions of the personnel of Terapower or the management whereas the equipment or the servant is in center of data.

d) Attempt to clear the equipment of the datacenter while a pending honorarium exists.

e) Violation of any rule of the owner of the building.

f) Violation of the law and the emission of any legal action or governmental order to stop and to stop of the operation of the servant and the equipment.

g) Excessive use of bandwidth nonprogrammed.

h) Spam originated or relayed of or announcing sites in the client servant. The disconnections by Spam can give rise to the completion of the account according to paragraph 5. Terapower Innovation, Corp. it can disconnect and/or finish the service to the client if this SpamHaus or Spwes is listed in or any other serious black list and can reject service to those clients mentioned in the list of Spamhaus ROKSO of the “registry of the organizations known by Spam.”

i) To make work a servant in IRC, eggdrop, botnet, or the sale of “SHELL” hosting.

j) The servant incorrectly administered that is or that could potentially be in any form from damage or interruption from the services provided by TERAPOWER INNOVATION, CORP.

k) Other types of abuse mentioned not specifically here but that could potentially be in any form of damage or interruption of services provides TERAPOWER INNOVATION, CORP. or that damages other networks. Terapower Innovation, Corp. the right is reserved to reject service to any person for any reason.

11. In case of a conflict between the parts due in this agreement, both decide to put under the conflict the arbitration in agreement with the rules of the American association of the arbitration. That prevails in any procedure or legal arbitration will be reported right to the reasonable honoraria and to the costs of the lawyer if the conflict is resolute through arbitration or of the court. Any legal conflict will be under the jurisdiction of Los Angeles, CA, the USA.

12. This agreement will be the only agreement between the parts. The written and/or verbal representations and communications of all previous between the parties will be null and without effect. The amendments to this agreement will be in writing, executed between Cliente and Terapower Innovation, Corp. If, the client is a person, he or she, guarantees this agreement personally. If the client is a legal organization as a corporation, a society, a company of limited responsibility, etc. and TERAPOWER INNOVATION, CORP. he has not approved such organization specifically, the responsible associate guarantees completely and personally the operation in this agreement.

13. Unless this finishing, the term of this contract extends an additional month every day 15 of the month. That is to say, this it is monthly contract.

 

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