1. Illegal usage: Use of the HyperFilter service for illegal purposes, or in support of illegal activities. HyperFilter reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.2. Threats: Use of the HyperFilter service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

3. Harassment: Use of the HyperFilter service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

4. Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation.

5. Fraudulent activity: Use of HyperFilter service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes” and “chain letters.”

6. Unsolicited commercial e-mail / Unsolicited bulk e- mail (SPAM): Use of the HyperFilter service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending HyperFilter account.

IMPORTANT NOTICE
Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network. The server will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation WILL be immediately and permanently removed from our network without notice.

7. E-mail / News Bombing: Malicious intent to impede another person’s use of electronic mail services or news will result in the immediate termination of the offending HyperFilter account.

8. E-mail / Message Forging: Forging any message header, in part or whole, of any electronic transmission, originating or passing through the HyperFilter service is in violation of this AUP.

9. Usenet Spamming: HyperFilter has a zero tolerance policy for the use of its network for the posting of messages or commercial advertisements, which violate the rules, regulations, FAQ or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

10. Unauthorized access: Use of the HyperFilter service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of HyperFilter’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending HyperFilter account is subject to immediate termination.

11. Copyright or trademark infringement: Use of the HyperFilter service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

other copyrighted sources, and the unauthorized transmittal of copyrighted software.

12. Collection/Advertisement of personal data: Use of the HyperFilter service to collect, or attempt to collect or even advertise personal information about third parties without their knowledge or consent. This may be allowed in case you (the customer) fully disclose your own data in your website, this way you will be responsible for any legal issues this may generate related with any of the exposed parties.

13. Network disruptions and unfriendly activity: Use of the HyperFilter service for any activity which affects the ability of other people or systems to use HyperFilter Services or the Internet. This includes “denial of service” (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member’s responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual’s computer system will result in immediate account termination. HyperFilter will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

14. Fraud: Involves a knowing misrepresentation or misleading state- ment, writing or activity made with the intent that the person receiving it will act upon it.

15. Infringement: of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right: Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

16. Distribution of Viruses: Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

17. Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using HyperFilter services could result in suspension service.

18. Third Party Accountability: HyperFilter subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.

19. Adult content: Adult content is allowed.

20. IP Addresses: Using IP addresses that were not assigned by HyperFilter.

21. Support to Terrorists: Using HyperFilter services to provide support or resources (including concealing or disguising the nature, location, source, or ownership of support or resources) to any organization designated by the U.S. government as a terrorist organization pursuant Section 219 of the Immigration and Nationality Act.

22. Gambling: Using HyperFilter services for or to promote gambling that is or may be prohibited or restricted by any state or federal gambling laws or regulations.

23. Affiliates: Our affiliates must be working ethically with us, in case the referred customers are moved to companies handled by the affiliates, we reserve our rights, the affiliate agreement is cancelled and commission credits are removed (without any prior notice), moving customers to affiliates related companies will be authorized only after at least 1 year without any activated related with us and no further commissions being received.

24. Harm to Minors / Child Pornography: Using HyperFilter services to harm minors in any way or transmitting (by email, uploading, posting or otherwise), distributing, downloading, copying, caching, hosting or storing on a server any child pornography as defined by U.S. law. Adult content is allowed.

25. Violation of Security: Violating or attempting to violate the security of HyperFilter’s systems.

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 assume any responsibility through our AUP to monitor or police Internet-related activities.
• b) First violation: Any User, which HyperFilter determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at HyperFilter’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations.
• 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) We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer’s network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

14. Suspension of Service or Cancellation: HyperFilter reserves the right to suspend network access to any customer if in the judgment of the HyperFilter network administrators the customer’s server is the source or target of the violation of any of the other terms of the AUP / TOS or for any other reason which HyperFilter chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.

15. TOS Changes: HyperFilter reserves the right to amend its policies at any time. All Sub-Networks, resellers and unmanaged servers of HyperFilter must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

16. Indemnification: HyperFilter wishes to emphasize that in agreeing to the HyperFilter Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies HyperFilter for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to HyperFilter or the bringing of any claim against HyperFilter by any third-party. This means that if HyperFilter is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against HyperFilter, plus all costs and attorney’s fees.

17. Customer: acknowledges that the service provided is of such a nature that service can be interrupted for many different reasons and interruptions can be prolonged due to external or internal events. Therefore, subscriber agrees that the hyperfilter.com shall not be liable for any damages arising from such loss of service for any reason. In no event shall the company be liable for any special or consequential damages, loss or injury.

18. Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

• a) A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
• b) Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.
• c) HyperFilter takes no responsibility for any material input by others and not posted to the HyperFilter Network by HyperFilter. HyperFilter is not responsible for the content of any other websites linked to the HyperFilter Network; links are provided as Internet navigation tools only. HyperFilter disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
• d) HyperFilter is not responsible for any damages your business may suffer. HyperFilter does not make implied or written warranties for any of our services. HyperFilter denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by HyperFilter.

19. Responsibility for Content: You, as HyperFilter’s customer, are solely responsible for the content stored on and served by your HyperFilter server.

20. Shared DDoS Protected Web Hosting Terms: The customer must not:

• a) Install Programs or Web content that can cause degradation of the server performance, cause losses or damages to other customers.
• b) Store in the available disk space, content which damages or can damage the server from functioning properly.
• c) Cause ‘extremely’ load of the servers, memory usage, cpu usage or disk usage.
• d) Use the e-mail servers for sending SPAM.The penalty in case of the conditions being not met, may result in interruption of the services without further warning. The suspension time will not be recovered or credited in any form. It is the responsibility of the customer, to adequate technically to its needs keeping the fairusage of the server resources, or acquiring plans which fits into its needs.

21. Downtimes : In case your service have a downtime:

• a) Our technicians will verify the defect for you and fix it as soon as possible.
• b) The defective hardware will be replaced or repaired according to the issue.
• c) The defective software will be reconfigured/repaired according to the issue.

22. Files and Backups::

• a) You are the only one responsible for your files and backups in our company, that means you must always make your own backups regularly, if any data is lost on any services, we are not responsible on this.
• b) In case your services are suspended due to lack of payment, you’ll only have access to any files after any due invoices are paid.

23. Technical Support: In case you have an issue with our service:

• a) Our technicians will verify the defect for you and fix it as soon as possible.
• b) We will not provide you, support about programming languages or webdesign / webcoding as this is your own responsibility.

24. Hacking / Illegal Activity: You are responsible of your actions:

• a) You are prohibited to perform any type of hacking or other illegal activities using our services.
• b) In case you case any type of damage to third parties, you may have your services suspend/cancelled at our company.
• c) In this case, we reserve our full right of not providing any type of refund/charge-back of the money paid to allocate your service.
• d) We do not allow any sort of network stress testing websites / tool / utilies / booter / platforms (DO NOT INSIST).

25. Identification :

• a) At any time, you agree that you can be requested to provide your full documentation such as : proof of identity, proof of residence.
• b) In case of such documentation not being provided when requested, we may reserve our rights of suspending / cancelling your services at our company.
• c) In this case, we reserve our full right of not providing any type of refund/charge-back of the money paid to allocate your service.

26. Service Suspension (Lack of Payment) :

• a) Your service may be suspended if the invoice payment is not made in time, this means if it doesn’t respect the 48 hours limit after the due date.
• b) In case your service has been suspended, there will be no way to access any data or configurations, while the invoice payment is not made.

27. Hacking :

• a) We don’t provide any guarantee against software hacking, we are a DoS/DDoS Protection company, it means we will guarantee your service to keep up during attacks, but in case the servers get hacked, we’ll need to make an audit and patch the used method to avoid it from happening again. (We are using open-source softwares, such as apache, mysql, nginx, php and they are tied to this risk, this applies to any other web hosting company).

28. Use of services (Advertisement Policy) :

• a) When using our datacenter/network services, you shouldn’t be making open advertisement regarding DDoS Protection / DDoS Mitigation services, the usage of our services are intended to ensure the integrity and stability of your network, however any sort of open/related advertisement isn’t allowed. We may reserve our rights to suspend or cease existing products/services or contracts.
• b) You should not make any mention regarding our company in your website, social networks or any other source of advertisement, unless if previously authorized by the company administration. We may reserve our rights to suspend or cease existing products/services or contracts.

29. Support SLA :

• The added Support SLA services are available between our office operational time between 10:00 AM – 10:00 PM every day (UTC-5 Timezone).