Terms of Service
Last Updated: March 28, 2026
These Terms of Service ("Terms") govern your use of our services and website. By creating an account or using our services, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use our services.
ARP Networks, Inc. is a California corporation with operations in the United States.
1. Acceptance of Terms
By accessing or using the services and website of ARP Networks, Inc. (“ARP Networks,”
“we,” “us,” or “our”) at arpnetworks.com, you (“User”
or “you”) agree to be bound by these Terms of Service (“Terms”) and our
Privacy Policy. These Terms constitute a legally binding agreement
between you and ARP Networks.
If you are accessing or using our services on behalf of an organization, company, or other legal entity,
you represent and warrant that you have the authority to bind that entity to these Terms. In that case,
“you” and “your” will refer to that entity.
If you do not agree to these Terms, you must not access or use our services. Continued use of our
services following any updates to these Terms constitutes your acceptance of the revised Terms.
2. Eligibility
To use ARP Networks services, you must meet all of the following eligibility requirements:
- Be at least 18 years of age
- Have the legal capacity to enter into a binding contract
- Not be prohibited by applicable law from receiving or using our services
- Provide accurate, current, and complete information when registering for and using our services
By using our services, you represent and warrant that you meet all of the eligibility requirements
listed above. ARP Networks reserves the right to refuse service or terminate accounts that do not
meet these requirements.
3. Account Registration
To access most ARP Networks services, you must create an account. During registration, you will be
required to provide a valid email address, your full name, an optional company name, and a password.
You agree to provide accurate, current, and complete information and to keep your account information
updated.
You are solely responsible for maintaining the security and confidentiality of your account credentials.
You agree that you will not:
- Share your account credentials with any other person or entity
- Create more than one account per individual without express written authorization from ARP Networks
- Access or attempt to access another user's account
- Sell, transfer, or assign your account or any rights under these Terms to any third party
You are responsible for all activity that occurs under your account. If you suspect unauthorized access
to your account, you must notify ARP Networks immediately through the support ticket system
in your customer dashboard or via our contact form.
ARP Networks will not be liable for any loss or damage arising from unauthorized use of your account.
4. Service Description
ARP Networks provides internet infrastructure services to individuals and organizations. Our current
service offerings include, but are not limited to:
- Virtual Private Servers (VPS)
- Dedicated servers
- IP address blocks, including both IPv4 and IPv6 allocations
- BGP (Border Gateway Protocol) sessions for network routing
- DNS hosting
- Backup storage
IP addresses allocated to you by ARP Networks, whether IPv4 or IPv6, are leased for the
duration of your active service and remain the property of ARP Networks or its upstream
providers. IP addresses are not owned by you and must be returned upon termination or
cancellation of the associated service. You may not sell, transfer, or sublease IP address
allocations without express written authorization from ARP Networks.
ARP Networks reserves the right to modify, suspend, or discontinue any service or feature, in whole
or in part, at any time with or without notice. We will make reasonable efforts to notify users of
material changes to services where practicable. ARP Networks shall not be liable to you or any third
party for any modification, suspension, or discontinuation of services.
5. Payment and Billing
ARP Networks processes payments through Stripe. We accept major credit and debit cards as supported
by Stripe at the time of your transaction. All prices are listed and charged in United States Dollars
(USD).
Services are billed on a monthly basis. Invoices are generated at the start of each billing cycle
and are due upon issuance. You are responsible for ensuring that your payment method on file is
current, valid, and has sufficient funds to cover charges. It is your obligation to update your
payment information promptly if it changes.
If a payment fails or is not received by the due date, ARP Networks may, at its discretion, suspend
access to your services until the outstanding balance is resolved. Continued non-payment following
suspension may result in termination of your account and services in accordance with Section 18 of
these Terms.
You are responsible for all applicable taxes associated with your use of ARP Networks services.
ARP Networks does not collect or remit taxes on your behalf unless required by applicable law.
6. Refund Policy
ARP Networks services are billed on a monthly cycle. In general, services are non-refundable once
rendered. Prorated refunds for unused portions of prepaid services may be issued at ARP Networks’
sole discretion, depending on the circumstances of the request.
Refund requests must be submitted through the support ticket system in your customer dashboard
and will be evaluated on a case-by-case basis. Approved refunds will be credited to the original
payment method.
No refunds will be issued for services that are suspended or terminated due to violations of the
Acceptable Use Policy (Section 7) or any other violation of these Terms. Setup fees, if applicable,
are non-refundable.
7. Acceptable Use Policy
ARP Networks maintains a zero-tolerance policy for abuse of its services and network.
All users are required to comply with the Acceptable Use Policy set forth below. Violations may
result in immediate suspension or termination of services without notice and without refund, and
may be referred to appropriate law enforcement authorities.
This Acceptable Use Policy was last updated on March 28, 2026. All users are
encouraged to review these terms in their entirety.
Agreement
This Acceptable Use Policy (“AUP”) governs the use of all ARP Networks services,
infrastructure, and network resources. By using any ARP Networks service, you agree to comply
with this AUP. If you are unsure whether a contemplated use is permitted, please
open a support ticket from your customer dashboard or use our
contact form before proceeding.
Compliance With Law
You must not use ARP Networks services to store, transmit, or facilitate any material or
activity that violates any applicable local, state, federal, or international law or
regulation, or that infringes the rights of any third party, including rights protected by
copyright, trademark, patent, trade secret, or other intellectual property laws.
Prohibited Activities
The following activities are expressly prohibited. This list is not exhaustive; ARP Networks
reserves the right to determine, in its sole discretion, whether any use of its services
constitutes a violation of this AUP.
1. Illegal Content and Criminal Activity
-
Distribution, storage, or facilitation of child sexual abuse material (CSAM) —
zero tolerance
-
Hosting or facilitating phishing sites, credential-harvesting pages, or scam
infrastructure
-
Operating or facilitating fraud schemes, including carding shops, advance-fee fraud,
Ponzi schemes, or deceptive marketing practices
-
Hosting, distributing, or operating malware, ransomware, botnets, or
command-and-control infrastructure
-
Operating darknet marketplaces or facilitating the sale of illegal goods or services
-
Facilitating the sale of illegal drugs, controlled substances, or restricted
pharmaceuticals
-
Hosting content that provides material support to terrorist organizations or
facilitates recruitment, financing, or operational planning of terrorist activities
-
Facilitating the sale or procurement of illegal weapons, explosives, or hazardous
materials
-
Hosting or distributing forged documents, fake identification, or tools for identity
fraud
-
Operating illegal gambling services where prohibited by applicable law
-
Distributing non-consensual intimate imagery, doxxing, stalking, or organizing
harassment campaigns
-
Furnishing false data on signup forms, contracts, or applications, including
fraudulent use of payment credentials (grounds for immediate termination and may
subject the offender to civil or criminal liability)
2. Intellectual Property Violations
-
Hosting or distributing copyrighted material without authorization, including
operating piracy sites or infrastructure for mass distribution of pirated content
-
Installing or distributing software that is not appropriately licensed
-
Selling or distributing tools designed to defeat digital rights management (DRM)
or access controls, in violation of applicable law
3. System and Network Security
-
Unauthorized access to any system, network, or account, including accessing data not
intended for you or logging into accounts you are not authorized to use
-
Conducting network reconnaissance, including port scans, vulnerability scans, or
security probes of any system or network without authorization
-
Disrupting network communications, including denial-of-service attacks, packet
spoofing, ping floods, forged routing information, or deliberate attempts to
overload or crash a service
-
Intercepting or monitoring network traffic not intended for you
-
Developing, distributing, or using tools designed primarily to facilitate
unauthorized access, credential stuffing, brute-force attacks, or exploitation of
security vulnerabilities
4. Email
-
Sending unsolicited bulk email (“spam”), including commercial
advertisements, informational announcements, or political messages to recipients
who have not opted in
-
Continuing to send email to any recipient who has requested to stop receiving it
-
Forging or modifying email headers or sender information
-
Operating an open mail relay or failing to secure mail servers against unauthorized
use by third parties
-
Using ARP Networks services or network to send or facilitate email in violation of
the CAN-SPAM Act or other applicable anti-spam laws
5. Usenet Newsgroups
Posting unsolicited advertisements, chain letters, or spam to Usenet newsgroups using
ARP Networks’ services or network is prohibited. Users must not forge headers,
violate newsgroup charters, or fail to secure news servers against unauthorized use by
third parties.
6. Resource Abuse
-
Using services in a manner that consumes excessive CPU, memory, disk I/O, bandwidth,
or other shared resources beyond what is reasonable for the provisioned service plan,
to the detriment of other users or ARP Networks infrastructure
-
Operating cryptocurrency mining software or similar computationally intensive processes
without explicit prior written authorization from ARP Networks
-
Running open proxies, open resolvers, or other services that are commonly exploited
for abuse, without implementing adequate access controls
Infractions
Violation of this AUP may result in any or all of the following:
- Immediate suspension or termination of services without refund
- Referral to appropriate law enforcement authorities
-
Financial liability for unauthorized use of ARP Networks services and infrastructure
at current list prices
-
A mandatory $200.00 USD per hour consulting fee for time spent investigating and
remediating the violation, including but not limited to removing unauthorized files,
handling abuse complaints, and restoring affected services
Reporting Abuse
To report abuse of ARP Networks services, contact our abuse team at
abuse [at] arpnetworks.com or by mail:
ARP Networks, Inc.
Abuse Department
8605 Santa Monica Blvd PMB 71478
West Hollywood, CA 90069-4109
USA
When reporting abuse, please include as much detail as possible, including complete
copies of any relevant messages with full headers, logs, timestamps, and IP addresses.
ARP Networks must be able to independently verify each reported instance of abuse.
Enforcement
ARP Networks may, in its sole discretion, suspend or terminate services for violation
of this AUP at any time and without prior notice. Where practical, ARP Networks will
attempt to work with users to address violations before terminating service, but
reserves the right to act immediately when necessary to protect its network, other
users, or third parties.
Liability
In no event will ARP Networks be liable to any user or third party for any direct,
indirect, special, or consequential damages arising from enforcement actions taken
pursuant to this AUP, including but not limited to lost profits, business interruption,
or loss of data.
8. Service Availability and Uptime
ARP Networks strives to maintain high availability of its services and network infrastructure.
However, ARP Networks does not guarantee uninterrupted, error-free service. No formal service level
agreement (SLA) is provided unless separately negotiated and agreed upon in writing between ARP
Networks and the user.
Service interruptions may occur for a variety of reasons, including but not limited to:
- Scheduled maintenance and infrastructure upgrades
- Unplanned network outages
- Distributed denial-of-service (DDoS) attacks
- Hardware failures
- Force majeure events, including natural disasters, acts of government, or other circumstances
beyond ARP Networks’ reasonable control
ARP Networks will make reasonable efforts to provide advance notice of scheduled maintenance
through the customer portal or via email. ARP Networks shall not be liable for any damages, losses,
or costs arising from service interruptions, regardless of cause, except as may be required by
applicable law.
9. Data and Backups
ARP Networks does not perform backups of your data, configurations, or any content stored on
our infrastructure. You are solely responsible for maintaining your own backups of all data,
including but not limited to files, databases, system configurations, and any other content
stored on or processed through ARP Networks services.
ARP Networks shall not be liable for any loss, corruption, or destruction of your data,
regardless of the cause, including but not limited to hardware failure, software errors,
security breaches, account termination, or force majeure events. You acknowledge that it is
your responsibility to implement and maintain adequate backup procedures to protect against
data loss.
10. Intellectual Property
All content, software, source code, documentation, logos, trademarks, service marks, trade names,
and other intellectual property made available through ARP Networks’ services and website are
owned by or licensed to ARP Networks, Inc. and are protected by applicable intellectual property
laws.
You retain all ownership rights in any content, data, or materials that you store, transmit,
or process through ARP Networks services. By using our services, you grant ARP Networks a
limited, non-exclusive license to host, store, transmit, and cache your content solely as
necessary to provide the services you have purchased. This license terminates when your
content is deleted or your services are terminated.
ARP Networks grants you a limited, non-exclusive, non-transferable, revocable license to access
and use our services solely for their intended purposes and in accordance with these Terms. This
license does not include the right to:
- Reverse engineer, decompile, or disassemble any ARP Networks software or systems
- Copy, reproduce, distribute, or create derivative works from ARP Networks’ proprietary
content
- Remove or alter any proprietary notices, labels, or marks
- Use ARP Networks’ trademarks or branding without express written permission
Certain components of ARP Networks’ services may incorporate third-party open-source software.
Such components are governed by their respective open-source licenses, which take precedence over
these Terms with respect to those components.
11. DMCA Notice and Takedown Policy
ARP Networks, Inc. operates arpnetworks.com and qualifies as a “Service Provider”
within the meaning of 17 U.S.C. § 512(k)(1) of the Digital Millennium Copyright Act
(“DMCA”). Accordingly, it is entitled to certain protections from claims of
copyright infringement under the DMCA, commonly referred to as the “safe harbor”
provisions. We respect the intellectual property of others, and we ask our users to do the
same. Thus, we observe and comply with the DMCA, and have adopted the following Notice and
Takedown Policy relating to claims of copyright infringement by our users.
How to Submit a Notice of Claimed Infringement
If you believe that your work has been copied and published on ARP Networks infrastructure
in a way that infringes on your copyrights, please provide our Designated Agent (identified
below) with the following information:
- An electronic or physical signature of the copyright owner or the person authorized to
act on behalf of the owner of the copyright
- A description of the copyrighted work that you claim has been infringed
- A description of where the material that you claim is infringing is located on ARP
Networks infrastructure (preferably including specific URLs, IP addresses, or server
details associated with the material)
- Your address, telephone number, and email address
- A statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your
notification is accurate and that you are the copyright owner or are authorized to act
on the copyright owner’s behalf
You may send your Notice of Claimed Infringement to:
ARP Networks, Inc.
Attn: DMCA Agent
8605 Santa Monica Blvd PMB 71478
West Hollywood, CA 90069-4109
USA
Email: abuse [at] arpnetworks.com
Abuse notification: Abusing the DMCA notice procedures set forth above, or
misrepresenting facts in a DMCA notice or counter-notification, can result in legal liability
for damages, court costs, and attorneys’ fees under federal law. See 17 U.S.C.
§ 512(f). These notice and takedown procedures only apply to claims of copyright
infringement by copyright holders and their agents — not to any other kind of abuse,
infringement, or legal claim. Please ensure that you meet all legal qualifications before
submitting a DMCA notice to our Designated Agent.
How We Respond to Takedown Notices
ARP Networks reserves the right at any time to disable access to or remove any material
accessible on our infrastructure that is claimed to be infringing or from which infringing
activity is apparent based on facts or circumstances. It is the firm policy of ARP Networks
to terminate the account of repeat copyright infringers, when appropriate, and ARP Networks
will act expeditiously to remove access to all material that infringes on another’s
copyright, according to the procedure set forth in 17 U.S.C. § 512 of the DMCA.
When ARP Networks receives a valid notice, we will expeditiously remove and/or disable access
to the infringing material and shall notify the affected user. The affected user may then
submit a counter-notification as described below.
How to Submit a Counter-Notification
If you are affected by a DMCA removal and believe that the allegedly infringing material has
been removed as a result of mistake or misidentification, you are permitted to submit a
counter-notification pursuant to § 512(g)(2)-(3) of the DMCA. A counter-notification is
the proper method to dispute the removal or disabling of material pursuant to a notice. The
information that you provide in a counter-notification must be accurate and truthful, and you
will be liable for any misrepresentations which may cause any claims to be brought against
ARP Networks relating to the actions taken in response to the counter-notification.
To submit a counter-notification, please provide our Designated Agent the following
information:
- A specific description of the material that was removed or disabled pursuant to the
notice
- A description of where the material was located on ARP Networks infrastructure before
it was removed and/or disabled (preferably including specific URLs, IP addresses, or
server details associated with the material)
- A statement reflecting your belief that the removal or disabling of the material was
done erroneously. For convenience, the following language may be used: “I swear,
under penalty of perjury, that I have a good faith belief that the referenced material
was removed or disabled by the service provider as a result of mistake or
misidentification of the material to be removed or disabled.”
- Your physical address, telephone number, and email address
- A statement that you consent to the jurisdiction of the federal district court in and
for the judicial district where you are located, or if you are outside of the United
States, for any judicial district in which ARP Networks may be found, and that you will
accept service of process from the person who provided the notice, or that person’s
agent
Written counter-notifications containing the above information must be signed and sent
to:
ARP Networks, Inc.
Attn: DMCA Agent
8605 Santa Monica Blvd PMB 71478
West Hollywood, CA 90069-4109
USA
Email: abuse [at] arpnetworks.com
After receiving a counter-notification, ARP Networks will provide it to the claimant who
first sent the original notice identifying the allegedly infringing content. Thereafter,
within ten to fourteen (10-14) business days of receipt of a counter-notification, we will
replace or cease disabling access to the disputed material, provided that we have not
received notice that the original claimant has filed an action seeking a court order to
restrain the user from engaging in infringing activity relating to the material on our
infrastructure.
More Information
The U.S. Copyright Office provides
sample notices and counter-notifications
on their Section 512 overview page.
12. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information
is governed by our Privacy Policy, which is incorporated
into these Terms by this reference. By using ARP Networks services, you consent to the data
practices described in the Privacy Policy.
ARP Networks is committed to the following key privacy principles:
- We do not sell your personal information to third parties
- We collect only the minimum data necessary to provide and improve our services
- We use industry-standard encryption and security practices to protect your personal information
in transit and at rest
For questions about how we handle your personal data, please review our
Privacy Policy or
contact us.
13. Disclaimers and Warranties
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR
USE OF OUR SERVICES IS AT YOUR SOLE RISK. ARP NETWORKS PROVIDES ITS SERVICES ON AN
“AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ARP NETWORKS
EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT
- WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY
CONTENT OR INFORMATION PROVIDED THROUGH OUR SERVICES
- WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
- WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR
FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
- WARRANTIES THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED
- WARRANTIES REGARDING ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ARP NETWORKS OR
THROUGH OUR SERVICES—INCLUDING FROM OUR SUPPORT STAFF, DOCUMENTATION, OR
WEBSITE—SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
ARP NETWORKS HAS NO CONTROL OVER AND ASSUMES NO RESPONSIBILITY FOR ANY THIRD-PARTY
SERVICES, SOFTWARE, OR CONTENT THAT YOU ACCESS OR USE IN CONNECTION WITH OUR SERVICES.
YOUR USE OF SUCH THIRD-PARTY SERVICES IS AT YOUR OWN RISK AND SUBJECT TO THE TERMS AND
CONDITIONS OF THOSE THIRD PARTIES.
ARP NETWORKS DOES NOT GUARANTEE ABSOLUTE SECURITY OF YOUR DATA OR ACCOUNT. NO SECURITY
SYSTEM IS IMPENETRABLE AND ARP NETWORKS CANNOT GUARANTEE THAT UNAUTHORIZED THIRD PARTIES
WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain
statutory rights. If such laws apply to you, some or all of the above exclusions may not apply,
and you may have additional rights.
14. Limitation of Liability
YOUR RESPONSIBILITY. YOU ARE SOLELY RESPONSIBLE FOR YOUR CONTENT, THE
CONFIGURATION, OPERATION, AND SECURITY OF YOUR SERVERS AND SERVICES, AND THE CONDUCT OF
YOUR BUSINESS. ARP NETWORKS SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR
RELATED TO YOUR CONTENT, YOUR CONFIGURATION CHOICES, THE SECURITY OF YOUR SERVERS, OR
YOUR FAILURE TO PROPERLY MANAGE YOUR SERVICES.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL ARP NETWORKS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR
LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR
PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR LOSS OF REPUTATION
- SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES
- ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY CONTENT, PERSONAL
INFORMATION, OR OTHER DATA STORED THEREIN
- ANY INTERRUPTION OR CESSATION OF OUR SERVICES
- ANY VIRUSES, WORMS, OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR FROM
OUR SERVICES
- ANY ERRORS, INACCURACIES, OR OMISSIONS IN ANY CONTENT
- YOUR USE OF ANY THIRD-PARTY SERVICES IN CONNECTION WITH OUR SERVICES
THE FOREGOING APPLIES TO ALL CLAIMS IRRESPECTIVE OF THE CAUSE OF ACTION, INCLUDING BUT
NOT LIMITED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), FRAUD,
MISREPRESENTATION, WARRANTY, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF
ARP NETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LIABILITY CAP. IN ANY CASE, ARP NETWORKS’ TOTAL CUMULATIVE LIABILITY
TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF OUR SERVICES
SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ARP NETWORKS DURING THE SIX (6) MONTHS
IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain types of damages. If such
laws apply to you, some or all of the above limitations may not apply, and you may have additional
rights.
15. Force Majeure
ARP Networks shall not be liable for any failure or delay in performing its obligations
under these Terms to the extent that such failure or delay results from circumstances
beyond ARP Networks’ reasonable control, including but not limited to: natural
disasters (earthquakes, floods, hurricanes, fires), acts of war or terrorism, epidemics
or pandemics, government actions or orders, labor disputes, utility or telecommunications
failures, cyberattacks (including distributed denial-of-service attacks), power outages,
or failures of third-party service providers or suppliers.
In the event of a force majeure occurrence, ARP Networks’ obligations under these
Terms shall be suspended for the duration of the event. ARP Networks will make reasonable
efforts to mitigate the effects of the force majeure event and to resume performance of
its obligations as soon as practicable.
16. Indemnification
You agree to indemnify, defend, and hold harmless ARP Networks, Inc. and its officers, directors,
employees, agents, successors, and assigns from and against any and all claims, damages, losses,
liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or
relating to:
- Your misuse of ARP Networks services or network
- Your violation of these Terms or the Acceptable Use Policy
- Your violation of any applicable local, state, national, or international law or regulation
- Your infringement of any third-party rights, including intellectual property rights, privacy
rights, or contractual rights
- Any content you transmit, store, or process through ARP Networks infrastructure
ARP Networks reserves the right to assume exclusive control of the defense of any matter subject
to indemnification by you, in which case you agree to cooperate fully with ARP Networks’
defense of such claim. You may not settle any claim covered by this section without ARP Networks’
prior written consent.
17. California Release
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542,
WHICH PROVIDES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE
AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT
WITH THE DEBTOR OR RELEASED PARTY.
THIS MEANS THAT BY AGREEING TO THESE TERMS, YOU WAIVE ANY CLAIMS AGAINST ARP NETWORKS
THAT YOU MAY NOT YET BE AWARE OF, IN ADDITION TO THOSE THAT YOU ARE CURRENTLY AWARE OF
OR SUSPECT TO EXIST.
18. Account Termination
Termination by You
You may terminate your account and discontinue use of ARP Networks services at any time by
deleting your services through your customer dashboard. You remain responsible for all
outstanding charges accrued prior to termination.
Termination by ARP Networks
ARP Networks may suspend or terminate your account and access to services at its discretion,
including but not limited to the following circumstances:
- Violation of these Terms or the Acceptable Use Policy
- Fraudulent, abusive, or illegal activity
- Non-payment of outstanding invoices
- Receipt of a legal requirement or court order
- Discontinuation of the relevant service
Effect of Termination for Cause
In the event your account is terminated due to a violation of these Terms or the Acceptable Use
Policy:
- Your access to all services will be revoked immediately and without prior notice
- No refund will be issued for any prepaid or unused portion of services
- ARP Networks may report the violation and related account information to appropriate law
enforcement authorities
Data Deletion
ARP Networks does not retain any copies of your data following the termination of your
services. When a service is terminated, whether by you or by ARP Networks, all associated
data, configurations, and content stored on our infrastructure are permanently deleted.
This deletion is irreversible. It is your sole responsibility to retrieve or back up any
data before terminating your services.
Survival
The following sections of these Terms shall survive termination: Acceptable Use Policy
(Section 7), Data and Backups (Section 9), Intellectual Property (Section 10), DMCA Notice and Takedown Policy (Section 11), Disclaimers and Warranties (Section 13), Limitation of
Liability (Section 14), Force Majeure (Section 15), Indemnification (Section 16),
California Release (Section 17), Dispute Resolution (Section 19), Governing Law
(Section 20), Assignment (Section 22), and any other provisions that by their nature
should survive.
19. Dispute Resolution
Informal Resolution
Before initiating any formal dispute proceedings, you agree to attempt to resolve any dispute
informally by contacting ARP Networks through your customer dashboard support ticket system or
contact form
with a written description of the dispute. ARP Networks will attempt to resolve the dispute
within 30 days of receipt. If the dispute is not resolved within that period, either party may
proceed to binding arbitration as described below.
Binding Arbitration
BY AGREEING TO THESE TERMS, YOU AND ARP NETWORKS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE
CLAIMS IN A COURT OR BEFORE A JURY. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT
MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE
BREACH, TERMINATION, OR INVALIDITY THEREOF (WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PRE-EXISTING, PRESENT, OR FUTURE) SHALL BE SETTLED EXCLUSIVELY BY BINDING
ARBITRATION.
Arbitration shall be administered by the American Arbitration Association (AAA) in accordance
with its Consumer or Commercial Arbitration Rules, as applicable. Arbitration shall be conducted
before a single neutral arbitrator. At the option of the party initiating the arbitration, the
proceedings may be conducted by telephone, online, or based solely on written submissions without
any personal appearance by the parties. If the parties mutually agree to an in-person hearing, it
shall be held in the State of California. The arbitrator shall
have exclusive authority to resolve any dispute relating to the arbitrability and/or enforceability
of this arbitration provision. The arbitrator’s decision shall be final and binding and may
be entered as a judgment in any court of competent jurisdiction.
Waiver of Jury Trial
YOU HEREBY WAIVE YOUR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL
IN FRONT OF A JUDGE OR A JURY. IN THE EVENT ANY LITIGATION SHOULD ARISE BETWEEN YOU AND
ARP NETWORKS IN ANY STATE OR FEDERAL COURT IN A SUIT TO VACATE OR ENFORCE AN ARBITRATION
AWARD OR OTHERWISE, YOU AND ARP NETWORKS WAIVE ALL RIGHTS TO A JURY TRIAL, INSTEAD ELECTING
THAT THE DISPUTE BE RESOLVED BY A JUDGE.
Class Action Waiver
YOU AND ARP NETWORKS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN
INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE,
OR REPRESENTATIVE PROCEEDING.
The arbitrator may not consolidate more than one person’s claims and may not preside over
any form of class or representative proceeding. If any provision of this arbitration agreement is
found to be unenforceable, the unenforceable provision will be severed, and the remaining
arbitration terms will be enforced.
20. Governing Law
These Terms and any dispute arising out of or relating to these Terms or your use of ARP Networks
services shall be governed by and construed in accordance with the Federal Arbitration Act,
applicable federal law, and the laws of the State of California, without regard to its conflict
of law provisions. The Federal Arbitration Act shall govern the interpretation and enforcement of
the arbitration and dispute resolution provisions in Section 19.
For any disputes that are not subject to binding arbitration under Section 19, you consent to the
exclusive personal jurisdiction and venue of the state and federal courts located in California.
21. Changes to Terms
ARP Networks reserves the right to update or modify these Terms at any time. When changes are made,
the “Last Updated” date at the top of this page will be revised to reflect the date of
the most recent update.
For material changes, ARP Networks will provide notice through one or more of the following means:
an email to the address associated with your account, or a prominent notice on our website or within
the customer portal. It is your responsibility to review these Terms periodically.
Your continued use of ARP Networks services following the effective date of any changes constitutes
your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using
our services and terminate your account.
22. Assignment
You may not assign, transfer, or delegate your rights or obligations under these Terms
without the prior written consent of ARP Networks. Any attempted assignment without such
consent shall be void.
ARP Networks may freely assign, transfer, or delegate its rights and obligations under
these Terms, in whole or in part, without notice or your consent, including in connection
with a merger, acquisition, corporate reorganization, or sale of all or substantially all
of its assets.
23. Severability
If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be
unlawful, void, or unenforceable for any reason, that provision shall be deemed severed from these
Terms and shall not affect the validity and enforceability of the remaining provisions. The remaining
provisions shall continue in full force and effect.
24. Entire Agreement
These Terms of Service, together with the
Privacy Policy and the
Cookie Policy,
constitute the entire agreement between you and ARP Networks with respect to your use of our
services, and supersede all prior or contemporaneous communications, proposals, representations,
and agreements, whether oral or written, relating to that subject matter.
The failure of ARP Networks to enforce any right or provision of these Terms shall not constitute
a waiver of that right or provision. No waiver of any term of these Terms shall be deemed a
further or continuing waiver of such term or any other term.
25. Contact Information
If you have any questions, concerns, or requests regarding these Terms of Service, please
contact us through one of the following channels:
- General & Legal Inquiries: Contact form
- Existing Customers: Submit a support ticket through the Tickets section of your customer dashboard
- Abuse Reports: abuse [at] arpnetworks.com
You may also reach us by mail at:
ARP Networks, Inc.
8605 Santa Monica Blvd PMB 71478
West Hollywood, CA 90069-4109
USA
Related Policies
- Privacy Policy — How we collect, use, and protect your personal information
- Cookie Policy — How we use cookies and similar tracking technologies