Welcome to the Arbor Networks, Inc. (Arbor) ATLAS Portal (ATLAS)! We are excited to have you visiting our site and hope that you find this service helpful. Your use of our services, including the ATLAS web site and any features offered here (Service), is subject to the following terms and conditions (Terms). Arbor may amend these Terms from time to time, so please re-read the Terms if you see that they have been amended since the last time you read them. The amended terms will automatically be effective ten (10) days after they are initially posted on our web site. These Terms may not be otherwise amended except in writing signed by you and Arbor. We reserve the right, in addition to other remedies, to deny access to the Service to any user who, in our sole discretion, has violated any of these Terms or the terms of your individual contract with Arbor.

BY CONTINUING TO USE THE WEB SITE OR ANY OF OUR SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY THE TERMS.

This agreement was revised on February 1, 2007.

Our Service.

ATLAS views computer attacks from a global perspective and helps users predict future network attacks. It does this by analyzing data gathered from a variety of sensors

Our Rules.

You must be at least 18 years old and able to form legally binding contracts under applicable law to use our Service. You agree that any information you provide in response to Arbors registration and other forms will be true, accurate, current and complete. You agree not to misrepresent any demographic or other information that you submit to Arbor. By submitting any information to us, you grant us the right to use this information to provide the Service to you, and for any other purpose that is consistent with our Privacy Policy available at www.arbornetworks.com.

ATLAS may require you to choose a password for accessing the information on our site. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur using your password or account. Please notify us immediately of any unauthorized use of your password or account or any other breach of security. Arbor will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may not use anyone elses password at any time.

You may not frame or display any of our content on another web page, without our prior written permission. You agree not to use our website or anything on it for illegal purposes or in any way that infringes upon the rights of others or violates any law. You also agree not to interfere with the proper working of any of the following: the Arbor web site, the ATLAS web site, or any services available, accessible or offered through these sites. You further agree that you will not take any action that imposes, in Arbors sole discretion, an unreasonable or disproportionately large load or burden on the site or the Arbor infrastructure.

Copyrights, Trademarks, and Other Intellectual Property.

You acknowledge and agree that Arbor and its licensors and contributors own all rights to the content displayed on the site. These rights are enforceable under U.S. and international laws and treaties. Arbor content is © 2007 Arbor Networks, Inc. You are only permitted to use this content as expressly authorized by us and only for your internal use. Content may not be sold without a separate signed agreement with Arbor. You may quote from ATLAS-generated reports, providing the following guidelines are used: Internal Documents and Presentations - Quoting individual sentences and paragraphs for use in your company's internal communications does not require permission from Arbor. The use of large portions or the reproduction of any Arbor document in its entirety requires prior written approval and may involve some financial consideration. External Publication - Any Arbor information that is to be used in advertising, press releases, or promotional materials requires prior written approval from Arbors Vice President of Marketing. A draft of the proposed document should accompany any such request. Arbor reserves the right to deny approval of external usage for any reason.

You may not copy, reproduce, distribute, publicly display, or create derivative works from any other content on this site. Further, you agree not to reverse engineer or reverse compile any of our technology, including but not limited to, any applets associated with our Service, except as expressly authorized by Arbor in a valid written license agreement. Any service and trade names, marks and logos adopted by Arbor are owned by Arbor and its licensors, whether or not bearing the symbols "®", "SM" or "^TM".

Disclaimer of Warranties.

Our goal is to make your experience with Arbor and ATLAS a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. Therefore, YOUR USE OF THE SERVICE, INCLUDING ATLAS, IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARBOR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT

Although we strive to bring you the best and most secure service possible, ARBOR MAKES NO WARRANTY THAT (A) SERVICE WILL MEET YOUR REQUIREMENTS, (B) THE PRODUCTS WILL BE DELIVERED TIMELY OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE INFORMATION OBTAINED FROM THE USE OF THE SERVICE (INCLUDING BUT NOT LIMITED PRODUCT LITERATURE) WILL BE ACCURATE OR RELIABLE, OR (D) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION (INCLUDING PRODUCT LITERATURES), WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARBOR OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may not apply to you.

Additional Disclaimers.

Arbor uses the data analyzed by ATLAS to create various reports. ARBOR experts make every effort to inspect this data for validity; however, Arbor does not guarantee the accuracy of this data. This information is provided AS IS by Arbor.

Arbor uses ATLAS to report on, among other things, top offending IP addresses as per analysis conducted by the Arbor Security Engineering and Response Team (ASERT). Please note that the top offending IP addresses that we list may not be owned by malicious parties, but may be systems that have been compromised themselves and are thus relaying someone elses attacks, or may even be spoofed addresses. If you are the owner of an IP address listed on our top offenders list and you believe that your IP address is listed in error, you may contest your inclusion by sending an e-mail to atlas@arbor.net.

Third Party Products and Services.

Arbor reminds you to be cautious when browsing on the Internet and to use good judgment and discretion when making purchases, obtaining information, or transmitting information. From this site, users may visit or be directed to sites containing information not within our control. Arbor makes no effort to review the content of these sites, nor is Arbor responsible for the validity, legality, copyright compliance, or decency of the content contained in these sites. Unless specifically stated, the inclusion of any such link does not imply endorsement of that site or its services by Arbor.

Limitation of Liability.

IN NO EVENT WILL ARBOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, COST OF PROCUREMENT OF SUBSTITUTED GOODS OR SERVICES, OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, AND WHETHER OR NOT ARBOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ARBOR TOTAL LIABILITY UNDER THESE TERMS EXCEED $100 (USD).

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

Indemnification.

You will indemnify and hold harmless Arbor from and against all claims (including but not limited to paying attorneys fees) arising out of or caused by your misuse of or reliance on the Service or your violation of the Terms.

General Provisions.

These Terms and performance by the parties hereunder will be construed in accordance with the laws of the State of Massachusetts, U.S.A., without regard to provisions on the conflicts of laws. All disputes arising out of or related to this Agreement shall be brought in whichever of the Superior or Municipal Courts of the State of Massachusetts, Middlesex County or the United States District Court for the District of Massachusetts, as has subject matter jurisdiction over the dispute. The parties hereby submit to the jurisdiction of, and waive any venue objections to, the above courts.

You will not assign any order, these Terms or any rights hereunder without the prior written consent of Arbor. Arbor will not be responsible for failure to perform due to causes beyond its reasonable control. These Terms, together with the Arbor Privacy Policy, and any applicable Arbor software license agreements, constitute the entire agreement between Arbor and you with regard to the Service and supersede all previous communications, representations and agreements, whether oral or written, between you and Arbor with respect to the subject matter hereof. The failure by Arbor to enforce at any time any of the provisions in these Terms will in no way be construed as a waiver of such provisions.

In the event that any portion of this agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect.