TOS & AUP

General Service Conditions & Acceptable Use Policy

General Summary:

The following Acceptable Use Policy (AUP) / Legal Agreement will set forth general and specific information in regards to the use of DefeatDDoS infrastructure. Infrastructure in this regard will consist of, but not be limited to, bandwidth, transport, servers, switches, IP address and any other equipment that will transmit, receive or otherwise be a vehicle of transmission of data of any sort.

Hosted Content:

DefeatDDos strongly prohibit the use of any our service for any illegal activities. User shall not include content, or internet links to content on the websites that contain, promote or involve any of the following. Examples include but are not limited to:

- Child Pornography
- Threatening, Racial, or otherwise Abusive content
- Fraud, MLM (Multi-Level Marketing), Pyramid schemes, or any other activities deemed to be fraudulent
- DOS/Flood attack sending traffic is against policies & law
- Botnets/Virus/Malware/IRC or IRC Bots

When DefeatDDos becomes aware of possible violations of this Agreement, DefeatDDos may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on DefeatDDos's servers

SPAM & UCE:

Sending identical, unsolicited email message, whether commercial or not, to more than one recipient causes significant annoyance to internet community. DefeatDDos takes a zero tolerance approach to Unsolicited Commercial Email or SPAM through our network. Customers of DefeatDDos may not use, or permit others to use, our network to partake in SPAM distribution. Any Customer who sends out SPAM will have their account terminated without notice.

About 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:

- Your password provides access to your account. It is your responsibility to keep your password secure; 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.
- You may not attempt to circumvent user authentication or security of any host, network or account. 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.
- 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.
- You must adopt adequate security measures to prevent or minimize unauthorized use of your account.

Identity Verification:

- At any time, you agree that you can be requested to provide your full documentation such as : proof of identity, proof of residence.
- In case of such documentation not being provided when requested, we may reserve our rights of suspending / cancelling your services at our company.
- 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.

Service Suspension:

- Your service may be suspended if the invoice payment is not made in time, this means if it doesn’t respect the 12 hours limit after the due date.
- 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.
- In case of no payment, update/news is received from your side, we will re-cycle the server after 48 hours & you'll all be responsible for the data loss in that case.

Cancellations & Refunds:

- DefeatDDos reserves the right to cancel the account at any time with or without any prior notice.
- Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
- Customers may cancel at any time by sending a cancellation request via the client control panel at least 7 days before the renewal date.
- Cancellations will not be accepted via support ticket or email.

DefeatDDos doesn't provide any refunds. All sales are final, so any part of our billing fees for any unused time except for servers terminated by our decision.

Support Boundaries:

DefeatDDos, 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, We only ensures that the server is online and is remotely accessible. DefeatDDos does not offer tech support for application specific issues such as cgi programming, html or any other such issue. We don't provide technical support for YOUR customers.

However, if you need full server management, we can offer & manage your server at additional cost. You can always send us your questions at support[@]defeatddos.com

Hacking Incident:

We don’t provide any guarantee against software hacking, DefeatDDos is 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 webhosting company).

Its your responsibility to adopt adequate security measures to prevent or minimize unauthorized access to your service & account. If server security is compromised, the account holder is responsible for all violations of the TOS and AUP, including SPAM, and all disconnect and reconnect fees associated with violations.

Backup Service:

DefeatDDoS is not responsible for backing up your data, it is the sole responsibility of the user of the service. If no additional backup service is ordered, your service data is NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. You may purchase an additional hard drive and maintain backups to it as the simplest solution, or you can contact us to know about various backup services We do offer.

Service Charges:

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.

Infringement Notification:

Any person submitting a false complaint or complaints that fails to meet a reasonable standard or accuracy or misleading information shall be liable to indemnify DefeatDDoS for any damages caused in result or reliance on such complaint or information

To file/send a notice of infringement with us, you must have to follow/comply with all the below mentioned requirements, otherwise all the complaints will not be considered as legit and we owe the right to not to entertain your notices;

- Email sent from emails such as Gmail, Yahoo, Hotmail etc. will be ignored, Please send the abuse mail through an email account of your domain.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A proof that you contacted the webmaster and have received no reply from him/her for at-least 14 business days.
- Must carry the Sworn Statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
- Must carry the Sworn Statement: "The information in this notification is accurate and I swear, under penalty of perjury, that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Please allow us 7 buisness days to reply to all reports.
- Please send all the abuse notices to abuse[@]defeatddos.com. A notice sent elsewhere will be ignored.

Agreement Modification:

DefeatDDoS reserves the right to modify this agreement as needed without notice, and customer agree that by using DefeatDDoS services, You have fully read, fully understood and agree to these TOS.

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