Terms and Conditions

1. General Terms and Acceptance

Welcome to ImGuard Networks. By accessing or using our DDoS protection services, LIR Services or Cloud, you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of the terms, you may not use our services.

ImGuard Networks reserves the right to update these Terms at any time without prior notice.

Your use of the Services is also subject to ImGuard Networks' **Privacy Policy**, which is incorporated by reference into these Terms. By using the Services, you acknowledge and agree that you have read and consent to the terms of the Privacy Policy.

2. Eligibility and Authority

You must be at least eighteen (18) years of age to use the Services. By accessing or using the Services, you represent and warrant that:

• You are at least eighteen (18) years of age;
• You possess the legal capacity and authority to enter into this binding agreement;
• You are not prohibited from receiving or using the Services under any applicable local, state, federal, or international laws; and
• Your use of the Services does not violate any applicable laws or regulations.

If you are accessing or using the Services on behalf of a business entity, organization, or other third party, you further represent and warrant that:

• You have the necessary authority to bind such entity or organization to these Terms;
• You have the right to enter into this agreement on behalf of such entity or organization;
• Such entity or organization agrees to be bound by and comply with these Terms; and
• Both you and the entity or organization meet the minimum age requirement of eighteen (18) years.

Any use or access to the Services by anyone who does not meet these requirements is expressly prohibited. ImGuard Networks reserves the right to terminate your access to the Services immediately and without notice if we believe you do not meet these eligibility requirements.

3. Accounts

In order to use certain features of our Services, you must register for an account ("Account") and provide certain information about yourself as prompted by our Services' account registration pages. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time, for any reason, by following the instructions on our website. ImGuard Networks may suspend or terminate your Account in accordance with these Terms.

You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify ImGuard Networks of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. ImGuard Networks cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

4. Service Scope and Limitations

4.1 DDoS Protection

Our service provides mitigation against Distributed Denial of Service (DDoS) attacks. We strive to offer 24/7 protection but do not guarantee uninterrupted service, as technology is subject to failure and novel attack vectors.

4.2 Acceptable Use Policy (AUP)

The Customer agrees not to use ImGuard Networks' services to host or transmit any content that is:

• Illegal, fraudulent, or promotes criminal activities.
• Pornographic, defamatory, or harassing.
• In breach of any third-party intellectual property rights (copyright, trademark, etc.).
• Used to launch, propagate, or participate in DDoS attacks against other networks or services.

5. Billing, Payment Terms, and Refunds

All services are billed in advance on a recurring cycle (monthly, quarterly, or annually). Failure to pay invoices promptly will result in the suspension and potential termination of service.

5.1 Fees and Increases

You are responsible for all fees for the Services in the amounts set forth on the applicable Order/invoice, which may be posted to your account ("Fees"). We may increase Fees upon thirty (30) days' notice, with such increase to take effect as of the first day of the next renewal period. In addition, upon notice to you, we may increase the Fees on a proportionate basis due to significant increases in the cost of raw materials, labor, Third Party Equipment, and other third-party materials and services utilized in the provision of Services, with such increase to take effect as of the next monthly billing cycle.

5.2 Payment and Disputes

Unless we approve of another payment method in writing, we will charge your credit card monthly, in most cases without invoice. If another method has been approved, we will provide an invoice via electronic mail no later than seven (7) days after the invoice date. Billing commences on the first day the Services are made available to you unless stated otherwise. You waive the right to dispute any charges not disputed within thirty (30) days of a charge or invoice date.

5.3 Late Payments and Suspension

If any amount is not paid when due, we may impose a late charge of any amount that does not exceed twenty-five percent (25%) (or the maximum legal rate, if less) of the unpaid balance per month. You will reimburse us for all expenses we incur, including reasonable attorney fees, in collecting any amounts past due under this Agreement. We may also suspend Services if you fail to pay any Fees when due. If payment is returned for insufficient funds or bank charges, you shall reimburse us for all associated processing charges as well as late charges to the extent applicable. Delivery of the Services is subject to the continuing approval of your creditworthiness.

5.4 Taxes and Non-Refundable Policy

You are responsible for the payment of all governmental assessments, surcharges, and fees pertaining to its use of the Services (other than taxes on our net income). We will not invoice you for any taxes if you provide us with valid certificate(s) of exemption. If you fail to provide or maintain the required tax exemption certificate(s), you shall indemnify, defend and hold us harmless from any damages or liability we incur.

Except as otherwise provided herein, all Services are non-cancellable and all Fees are non-refundable, and you are not entitled to any refund for any Services purchased hereunder. Fees for services are non-refundable, except where expressly stated in a separate written agreement (e.g., specific money-back guarantees).

6. Liability and Indemnity

ImGuard Networks' liability for any service failure, breach of these Terms, or other claim related to our services is strictly limited to the total fees paid by the Customer for the service during the three (3) months immediately preceding the event giving rise to the claim.

The Customer agrees to indemnify and hold harmless ImGuard Networks from any claims, damages, liabilities, and expenses arising from the Customer's use of the services or breach of these Terms, including but not limited to any actions taken under the AUP.

6.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

6.2 Exclusion of Consequential Damages

IN NO EVENT SHALL IMGUARD NETWORKS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICES, EVEN IF IMGUARD NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF LIABILITY IN SECTION 6 REMAINS THE MAXIMUM AGGREGATE LIABILITY.

7. Intellectual Property and Data Responsibility

7.1 ImGuard Networks Property

ImGuard Networks retains all rights, title, and interest in and to the Services, including all associated software, technology, intellectual property, and documentation. These Terms do not grant you any ownership interest in the Services.

7.2 Customer Content and Data

You retain all ownership rights to any data, content, or information you transmit, store, or process through the Services ("Customer Content"). You are solely responsible for the legality, accuracy, quality, integrity, and backup of all Customer Content. ImGuard Networks is not responsible for any loss, corruption, or compromise of Customer Content.

8. Termination

We may terminate or suspend access to our service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.

The Customer may terminate their service at any time through the client portal or by written notice to our support team.

9. Force Majeure

ImGuard Networks shall not be liable for any failure or delay in performance under these Terms where such failure or delay is caused by events beyond our reasonable control (a "Force Majeure Event"), including but not limited to, acts of God, war, terrorism, civil unrest, labor disputes, governmental restrictions, power failures, large-scale network failures, or widespread denial-of-service attacks that overwhelm industry-standard mitigation efforts. The time for performance shall be extended by the duration of the Force Majeure Event.

10. BGP Services Policies

We employ very strict filters when you want to advertise your subnet on our network. Each filter is manually reviewed under a letter pre-signed by the subnet owner according to their WHOIS information.

11. IP Transit Services

We may offer IP transit services at any time, which is why this term is stipulated. We reserve the right to not advertise a subnet that does not have a pre-signed letter authorizing ImGuard Networks (AS213866) to make an announcement on the public network for it.

We will be forced to terminate the session if the client violates any of our terms; they will be reported and banned from our services.

We do not advertise subnets outside of our ASN; to obtain protection, you must advertise the subnet directly to us.

12. LIR Services

We reserve the right to not sell internet resources to minors; this includes (ASN, Subnet (v4/v6) registration in any region such as RIPE, ARIN, APRINIC, LACNIC. Without any authorization sent by their representatives/parents

Upon receiving any report on one of our subnets rented to the client, we are obligated to withdraw the resource from said client without prior notice or compensation. This includes whether the report to the subnet was previously verified by a network administrator in our infrastructure.

When the subnet/ASN rental service is terminated, we will not offer the client a grace period for renewal; upon expiration of the term, the service will be terminated.

13. Business Schedules

We offer guaranteed support 10 hours a day, working in shifts. Below are our current schedules

• Monday to Friday: 12:00 - 22:00 EST (Full Support)
• Saturdays: 12:00 PM - 16:00 EST (Medium Support)
• Sundays: Closed (Emergency Support)

14. Managed Support

Our managed support service is very strict. We do not offer managed support to machines hosted outside our infrastructure. If you use our protection services and want to protect a machine outside of our facilities and require advanced support (Software Engineer, Network Engineer) You must agree to pay the fee of €30.00 EUR.

15. Bandwidth rate

All our default protection services include at least 1 TB of bandwidth; if you run out of bandwidth, please note that it is billed monthly. Each 1TB of bandwidth costs €5.00 EUR.

16. Fees

• Abuse Fee: ImGuard Networks has zero tolerance for IP address abuse. Each instance of abuse received/involved with any of your IPs will go through a verification/review process; in that process, your address will remain as nullroute until the reality of the abuse is confirmed. If the abuse is confirmed, the customer will be charged €25. Failure to pay will result in their access and services being blocked.

• Bandwidth Abuse: If you, the customer, abuse the pre-established bandwidth resources, a fee will be charged by €20.00 EUR IPs/Server/Incident>

• Outgoing DDoS Attacks: If any of our IP addresses are involved in a DDoS attack, you will be charged a fee of €34.99 EUR per IPs/Server/Incident.

17. Governing Law

These Terms shall be governed and construed in accordance with the laws of North Carolina (US), without regard to its conflict of law provisions.

18. Contact Information

If you have any questions about these Terms, please contact us at:

ImGuard Networks
Email: [email protected]
United States - North Carolina