HyperFilter DDoS Protection Solutions (“HyperFilter“) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service).

Use of HyperFilter Service constitutes acceptance and agreement to HyperFilter’s AUP as well as HyperFilter’s TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of HyperFilter. and AUP (acceptable use policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

This Agreement shall be construed in all respects in accordance with the laws of the state of Illinois, Cook County applicable to contracts enforceable in that state. Venue will be Cook County, Illinois

1. Disclosure: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition HyperFilter shall have the right to terminate all service set forth in this Agreement.

2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service. Subscriber agrees that HyperFilter automatically charges subscriber credit card every month. HyperFilter reserves the right to process client credit cards from 1 to 5 days before the actual due date to ensure that the funds are received by the due date. It is important to understand that all the payments must come from the customer itself and not from third parties, failure to do so may result in suspension of the services.

4. Payments: Service will be interrupted on invoices that reach 24 hours (1 day) past due. If you desire to cancel your service, please follow the proper procedure to do this as outlined in this TOS. Any of HyperFilter Services will be considered abandoned and forfeited after 5 days past due, resulting in service termination without further notices. Any dispute or claim open in any payment gateway, will result in instantly suspension of the service until the subject is solved by the customer without any warning.

5. Refund and Disputes: All payments to HyperFilter. are nonrefundable. This includes the one time setup fee(if that is any) and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in HyperFilter’s sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay HyperFilter an “Administrative Fee” of not less than $50 and not more than $150. If a dispute or claim gets open instead of properly requesting the cancellation of the services, all the services related with the company are going to be completely terminated without further notice as this is a direct violation for the pre-paid model of all our services. We also reserve in our rights to do not accept any other services to be ordered from the offending customer.

5.1. Money Back Guarantee: The 100% Money Back Guarantee up to 7 days, will apply only and except in the following cases:

• a) In case we do not deliver the service/product according to the specifications agreed during the order process.
• b) If there is an existing issue with our services, which we aren’t able to solve after exhausting every technical possibility. (You may allow us to verify any existing issue).
• c) Assuming you did not buy the wrong service/product for your needs.

It is also important to notice, that any refund request under the coverage of this policy, may take up 5 business days to complete, once escalated to our billing department.

If you doesn’t agree with the above conditions and need your order cancelled and payment refunded, then we’ll refund 66% of the paid amount, due to the time spent with the service setup, support service and handling of your case.

6. Failure to Pay: HyperFilter may temporarily deny service or terminate this agreement upon the failure of subscriber to pay charges when due. Such termination or denial will not relieve subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

7. Account Cancellation: All requests for canceling accounts must be made through the ticket system with at least 1 day before due.

8. Service Interruptions: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons. Therefore, subscriber agrees that the company shall not be liable for any damages. In no event shall the company be liable for any special or consequential damages, loss or injury.

9. Invoicing: HyperFilter does not send out invoices automatically. If a subscriber needs an invoice, they can request one at billing@hyperfilter.com

10. Support Boundaries: HyperFilter, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) All servers housed at our facility are unmanaged, HyperFilter only ensures that the server is online and is remotely accessible. HyperFilter does not offer tech support for application specific issues such as cgi programming, html or any other such issue. HyperFilter does not provide technical support for YOUR customers. If you can email, we encourage you to email support@hyperfilter.com for assistance.

11. SPAM and Unsolicited Commercial Email (UCE):HyperFilter takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of HyperFilter may not use or permit others to use our network to transact in UCE. Customers of HyperFilter may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

• a) Violation of HyperFilter’s SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, HyperFilter will initiate an immediate investigation (within 48 hours of notification). During the investigation, HyperFilter may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, HyperFilter may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, HyperFilter reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. HyperFilter will notify law enforcement officials if the violation is believed to be a criminal offense.
• b) First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $175 per hour that HyperFilter personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
• c) As our Customers are ultimately responsible for the actions of their clients over the HyperFilter network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

12. Network

• a) IP Address Ownership: If HyperFilter assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to HyperFilter, and Customer shall have no right to use that Internet Protocol address except as permitted by HyperFilter in its sole discretion in connection with the Services, during the term of this Agreement. HyperFilter shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by HyperFilter, and HyperFilter reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting. All IPs that are allocated to client must be utilized within 48 hours. If allocated IPs are not utilized within this time frame HyperFilter reserves the right to retract IPs that are not being utilized without notifying the client.
• b) Bandwidth Usage. HyperFilter will monitor Customer’s bandwidth. HyperFilter shall have the right to take corrective action if Customer’s usage negatively impacts other clients.
• c) Second Violation: Users that HyperFilter determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
• d) System and Network Security: Users are prohibited from violating or attempting to violate the security of the HyperFilter Network. Violations of system or network security may result in civil or criminal liability. HyperFilter will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
  
  • I. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
  • II. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
  • III. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashing”.
  • IV. Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
  • V. Taking any action in order to obtain services to which such User is not entitled.

13. Notification of Violation:

• a) HyperFilter is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we