These Terms and Conditions of Use (“Terms”) apply to the Arbor Network’s DDoS Early Warning Service (this “Service”) that is being made available by Arbor Networks, Inc. (“Arbor”) to qualified TMS customers with an AIF-subscription and APS customers with an Advanced AIF subscription (herein “Qualified Customers” or “You”/ “Your”).  No other agreement between Arbor and the Qualified Customer shall apply with respect to Your subscription to this Service; it being the intent of the parties that these Terms are the only agreement between the parties about these Services.  By subscribing to this Service, You are fully accepting the terms, conditions and disclaimers contained in these Terms.

These Terms shall continue to apply so long as You are subscribed to this Service.  Arbor may elect to modify or discontinue these Services at any time at Arbor’s sole election.  When Arbor makes any material changes to these Terms, Arbor will provide You with prominent notice as appropriate under the circumstances (e.g., by displaying a prominent notice within the Service or by sending You an email).  Any continued use of, or subscription to, this Service after such modification shall be Your agreement to the modified Terms.  If You wish to discontinue Your subscription to this Service, You may do so by contacting [email protected].  

These Services are based upon information Arbor has received using its internal resources, including the BladeRunner botnet tracking system that is created and operated by the Arbor Security Engineering & Response Team.  While every effort is made to gain insight into potential DDoS attacks, Arbor takes no responsibility for any incorrect information or failure to identify potential DDoS attacks.  The information provided by Arbor to You is for Your internal use only and not for general publication or disclosure to third parties.  Your use and reliance on the information provided by this Service is at the Your sole risk.  Please note that this Service does not trigger support tickets to request mitigation requests or recommendations from the Arbor Technical Assistance Center (“ATAC”).

YOU ACKNOWLEDGE THAT ARBOR HAS NOT PROMISED OR GUARANTEED TO YOU THAT THIS SERVICE WILL BE ABLE TO IDENTIFY ALL POTENTIAL DDOS ATTACKS THAT MAY TARGET YOU.  YOU ACKNOWLEDGE THAT ANY USE OR RELIANCE ON THE SERVICE IS DONE ENTIRELY AT YOUR OWN RISK.  THE INFORMATION PROVIDED IS ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  ALL STATUTORY AND OTHER IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS ARE HEREBY DISCLAIMED INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF ACCURACY, COMPLETENESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUALITY, NON-INFRINGEMENT AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE OR FROM ARBOR’S CONDUCT IN COLLECTING, COMPILING OR INTERPRETING ANY DATA OR INFORMATION.  ARBOR ASSUMES NO LIABILITY FOR ANY DECISION MADE BY CUSTOMER BASED ON THE INFORMATION PROVIDED, OR NOT PROVIDED, THROUGH THE SERVICE.  ARBOR HAS NO LIABILITY FOR ANY BUSINESS LOSSES, LOSS OR CORRUPTION OF DATA, DATABASE OR SOFTWARE, OR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE.

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