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Acceptable Use Policy
Terms of Service, & Service Level Agreement
Introduction

JohnCompanies Colocation exists to provide individual, collocated servers and to provide fast and low-latency Internet connectivity at a very low cost. In addition, other features such as DNS service and firewalling are provided. Finally, a highly technical level of customer support is provided to help you install, configure, and maintain the services you wish to run on your server.

This document describes the service that is offered, and what monetary transactions are required for those services. It describes the specific levels of service you will receive, and finally describes some actions that are prohibited.

Setting aside the legalese and market-speak, we will uphold our end of this agreement to the best of our ability in an honest and straightforward fashion. We will support you with highly technical persons who also understand the social context that this service exists in. In return, we ask that you follow the terms spelled out in this agreement.

The Company

JohnCompanies colocation, from this point forward referred to as "the company" provides internet access - specifically colocation services in the form of completely autonomous server instances running on top of very large, scalable enterprise hardware. These services consist of a specific version of a computer operating system made remotely accessible through TCP/IP protocols for a certain amount of money per unit time.

The specific operating system, the amount of money charged per unit time, and the unit time itself are agreed upon during commencement of the service.

The Service

Your server instance will be made available to you for a set monthly fee for a period of at least four months. You are given the right to terminate the service within the first the four days, if you are unhappy with it, for a full refund and no further commitment.

Unless you cancel within the initial four-day period, you agree to pay the monthly fee for a period of not shorter than four months - you don't have to pay all four months up front, of course - we just ask that you stay with us as a customer paying once per month for four months.

In return for these payments, you server(s) will have a 99.5% or better period of connectivity to the public Internet measured in one minute intervals. Further, you will receive technical support for issues related to your server(s). Your requested entries in our DNS servers will have the same availability, as will any firewall entries you give to us to be implemented into our firewall.

Bandwidth levels to your server will always be sufficient to ensure low latency and high-speed connections, and will be at a speed much greater than the average sustained throughput that you are allocated during the signup process. That is to say, if you subscribe to a plan with 40GigaBytes* per month, which works out to 120Kb/second, the bandwidth available to you at any given moment will be at least 100 times more than 120Kb/s.

Technical support will be provided on a same day basis, usually within an hour, by highly qualified UNIX technical administrators.

You agree that your VPS server may require rebooting on rare occasions and that generally you will be given 4 days notice prior to the reboot. You also agree that in some cases you will be given less notice, but will be given notice nonetheless. THIS MEANS WE MAY REBOOT YOUR VPS SERVER, BUT GENERALLY YOU WILL BE GIVEN 2-4 DAYS NOTICE. THIS HAPPENS RARELY.

The directories you specify will be backed up once every 24 hours and not more frequently. Every 24 hours the previous backup will be destroyed and a new one made. These backups are stored in a secure filesystem, but are not encrypted. Although it is not our practice, the nature of collocating a server with a third party implies that that third party has the ability to view and alter the contents of your server. We will never do this without your explicit instructions (usually relating to data recovery of some kind).

We will provide data traffic totaling the amount agreed to during your signup process. You will have the ability to halt traffic after reaching this level, or continue and pay a fee for each unit of bandwidth above and beyond the standard amount. The standard amount of bandwidth and disk space you are allotted is specified during signup, as is the unit cost for additional bandwidth and disk space.

Dedicated Servers

    Operating Systems and Installs

    Our standard OS offering is Ubuntu 6.06 LTS (Server). We will install Ubuntu 6.06 on any of our dedicated servers and certify that the server and installed OS are compatible and fully operational.

    We also can provide dedicated servers with a variety of other operating systems including FreeBSD, Redhat, Debian, SuSe, Gentoo and Fedora.

    These optional OSs can be installed in two different ways:

    JohnCompanies Install
    We will install the OS version of your choice and determine that the OS and hardware are operational when we turn it over to you. If you run into problems we will do a re-install of the OS the first time at no charge. Subsequent re-installs will be billed on an hourly basis (re-loads usually take an hour or so and run about $100.) Typically with any install, we will need you to provide information as to hostname, swap space, disk partitions, time zone, etc.

    Self Install
    You install the OS the way you want it via a remote access (IP) KVM using our local iso image repository or your own media CD or DVD in/at your computer (somewhat slow but doable). We will assist if you run into problems and need to re-install the OS.

     
    Ongoing Maintenance

    We retain full responsibility for all hardware and network issues and will make repairs in an expeditious manner as possible. Some repairs, e.g., failed drives in RAID1 machines, will be replaced in the evening and coordinated with you to minimize the impact on your operations.

    Once we hand over the dedicated server to you, you will be responsible for all OS and software issues but we will provide assistance and support upon request. If your server ever runs into problems or become unreachable, we will (upon request) connect a remote (IP) KVM to your server to allow you to make repairs, recover, or reinstall your server.


Client Behaviors

You agree not to do any of the following:

- send unsolicited commercial or bulk email to any party for any reason.

DO NOT SPAM

- access, or attempt to access a computer or network resource that you are not authorized to access.

DON'T CRACK/DEFACE

- distribute, or make available in any way to any party intellectual property that requires some method of authorization to sell or distribute, which you do not have.

NO WAREZ - NO RIAA/MPAA IP VIOLATIONS

- store, transmit, create, or examine any pictures of a sexual nature, realistic or not, of humans, anthropomorphic depictions of human-like creatures, or images suggesting humans that are under the age of 18 years.

NO CHILD PORNOGRAPHY

- forge email headers or TCP/IP packet headers.

NO SPOOFING

- distribute worms, trojans, or viruses, or commit or attempt to commit any denial of service attack against any computer, network, or individual.

NO DoS, NO WORMS/VIRUSES/TROJANS

- violate export controls on any software or intellectual property.

DON'T VIOLATE EXPORT CONTROLS

- run a public ircd server of any kind or bots connected to a public irc server. (you can run an ircd server, but only a private server, non-linked, and not open to any public users). NOTE: you can run as many irc clients as you want just not any public servers or bots.

DON'T RUN A PUBLIC IRC SERVER

- no modern graphical game server (like halflife, quake[1,2,3], etc. You can run a text mud, but no hogs like the above, please.

NO MODERN GAMES

Please Note:

We reserve the right to terminate your account, and any future business relation with you, for any reason at any time. If we initiate a termination you will not be charged beyond the current payment month and will receive a refund for any unused time.

Also note that we understand that certain violations of the above terms can occur inadvertently, and even as a result of unauthorized access from some third party. We will do our best to weigh the merits of each individual case and act with common sense and an understanding of the technical and social implications of the situation.

Summary

If you uphold your end of this agreement, we will uphold our end and do our best to provide intelligent, useful service at a reasonable price.

* We define a gigabyte as 1000 megabytes.
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