High Bit Security Terms of Service

  1. Your use is acceptance. Your use of this website, or acceptance of any free or paid service or product offered by High Bit Security, LLC constitutes your acceptance of these Terms of Service. If you do not agree with any provision of this Agreement, you must discontinue use immediately.
  2. General Terms and Availability.
    1. Availability to Businesses Only. High Bit Security offers services and products to businesses. You may not purchase or use any of the services or products mentioned or offered on this website except as an authorized representative of a properly formed business within your jurisdiction.

      If you are unsure of your status in regard to this paragraph, you are not a business.

    2. Availability to others. If you are not a business, your use of the website is limited to viewing the information it contains, without warranty.
    3. No Warranty. High Bit Security makes no warranty or claim of accuracy to any information contained on the website.
    4. Copying.You are not allowed to copy or otherwise reproduce any information or material contained on the website except for:
      1. this agreement,
      2. the privacy policy
      3. and products or reports intended for your business when deployed to this website under these Terms.
  3. Definitions. For the purposes of this Terms of Service Agreement, the following definitions shall apply:
    1. "Agreement"
      Means this Terms of Service agreement, including any amendments or updates that may be made from time to time.
    2. "Company", "High Bit Security","We"
      Refers to High Bit Security, LLC, a Limited Liability Company registered in Michigan, United States.
    3. "User", "Client", "You"
      Refers to any individual or entity that accesses or uses the Services provided by Company, including but not limited to customers, visitors, and registered accounts.
    4. "Services"
      Refers to all products, features, and functionalities offered by Company, including but not limited to websites, applications, tools, and any other services provided by Company.
    5. "Content"
      Means any data, information, text, graphics, or other materials that may be uploaded or shared by Users through the Services.
    6. "Third Party"
      Means any individual or entity that is not a party to this Agreement, including but not limited to service providers, advertisers, or affiliates.
    7. "Account"
      Refers to a User's profile created to access and use the Services, which may include a username, password, and personal information.
    8. "Privacy Policy"
      Refers to the separate document detailing how Company collects, uses, and protects User information, which is incorporated by reference into this Agreement.
    9. "Indemnity"
      Means the obligation of the User to defend, indemnify, and hold harmless Company from any claims, damages, liabilities, costs, or expenses arising from the User's use of the Services.
    10. "Intellectual Property"
      Refers to all intellectual property rights, including but not limited to copyrights, trademarks, patents, and trade secrets associated with the Services and Content.
  4. Acceptable Use
    1. Prohibited Activities. You agree not to engage in any of the following prohibited activities while using the Services:

      1. Illegal Activities
        Engage in any illegal activities, including but not limited to the distribution of prohibited content and unauthorized use of intellectual property.
      2. Harassment and Hate Speech
        Harass, threaten, or make statements against individuals or groups based on race, ethnicity, religion, gender, sexual orientation or disability.
      3. Spam and Unsolicited Communications
        Send unsolicited advertisements or promotional materials, commonly known as spam, or engage in any form of disruptive messaging or flooding.
      4. Impersonation
        Impersonate any person or entity, falsely state or misrepresent your affiliation with a person or entity, or forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Services.
      5. Malicious Activities
        Upload, post, or otherwise distribute any software viruses, worms, malware, or any other malicious code that may harm, disrupt, or negatively impact the Services or the equipment of others.
      6. Unauthorized Access
        Attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services through hacking, password mining, exploitation of vulnerabilities, or any means other than the provided authentication methods.
      7. Data Scraping
        Use any automated means, such as web crawlers, robots, or similar data gathering tools, to access or extract data from the Services without prior written permission from Company.
    2. Reporting Violations

      If you become aware of any violation of this Acceptable Use clause, you are encouraged to report it to Company at the phone number provided on the website. We reserve the right to investigate and take appropriate action, including suspension or termination of your access to the Services.

    3. Consequences of Violation

      Any violation of this Acceptable Use clause may result in immediate suspension or termination of your access to the Services, as well as potential legal action, if applicable.

  5. Modification of Terms. Company reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting the updated terms on our website.
    1. Notification of Changes We will notify Users of significant changes to these Terms via the email address associated with their Account or through a prominent notice on our website. Continued use of the Services after such changes will constitute acceptance of the new Terms.
    2. User Responsibility. It is the User's responsibility to regularly review these Terms for any updates. Users will be deemed to have accepted the changes if they continue to use the Services following the posting of the revised Terms.
    3. Effective Date. The effective date of these Terms is January 1, 2026.
  6. Account Management.
    1. Account Creation To use certain features of the Services, you may be required to create an account. When creating an account, you agree to provide accurate and complete information and to update this information as necessary to keep it accurate, current, and complete.
    2. Account Security. You are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify Company immediately of any unauthorized use of your account or any other breach of security. Company will not be liable for any losses caused by any unauthorized use of your account.
    3. User Responsibilities. You are responsible for all activities that occur under your account. You agree to use the Services in compliance with all applicable laws and regulations and in accordance with these Terms.
    4. Account Termination. Company reserves the right to suspend or terminate your Account at any time and for any reason, including but not limited to violation of these Terms. If your account is terminated, your access to the Services will be restricted.
    5. Account Recovery. In the event that you forget your password or need to recover your account, Company will provide a process for password reset and account recovery. You are responsible for ensuring that the recovery information you provide is up to date and accessible.
  7. Intellectual Property Rights.
    1. Ownership. All content, trademarks, and other intellectual property rights in the Services, including but not limited to text, graphics, logos, images, audio clips, video clips, and software, are owned by Company or its licensors.
    2. License Grant. Subject to your compliance with these Terms, Company grants you a limited, non-exclusive, non-transferable license to access and use the Services for your own use, and not for resale.
    3. Restrictions. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows:
      1. You may print or download a reasonable number of copies of pages from the Services for your own, non-commercial use.
      2. If we provide desktop, mobile, or other applications for download, you may download a single copy to your device, solely for your own, non-commercial use, provided you agree to be bound by any license agreement for such applications.
    4. Feedback. If you provide us with any feedback or suggestions regarding the Services, you grant Company the right to use such feedback or suggestions in any manner, without any obligation to you.
    5. Copyright Infringement. If you believe that any content on the Services infringes your copyright, please contact us at the phone number provided on the website to report the infringement.
    6. Additional Terms. Additional, lengthy provisions exist for the handling of intellectual property and confidential information during engagements. These provisions are detailed and effect all parties. See the sections of this Agreement that relate to Information Security Services, Confidential Information and Trade Secrets, and Sensitive Data Retention and Destruction.
  8. Limited Liability. Company shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from or related to your use of the Services, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Company has been advised of the possibility of such damages.
    1. No Guarantees. While we strive to provide accurate and up-to-date information, Company does not guarantee the completeness, reliability, or accuracy of any content or materials provided through the Services. Your reliance on any information provided by us or any third-party is solely at your own risk.
    2. User Responsibilities. You agree to accept responsibility for any damage to your computer system or loss of data that results from the download of any materials from the Services.
    3. Limitation of Liability. In no event shall Company's total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the Services in the past 12 months.
    4. Exclusions. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. In such jurisdictions, Company’s liability will be limited to the fullest extent permitted by law.
  9. Termination.
    1. Termination by User. You may terminate your account at any time by contacting Company at the 800 Number displayed on the website or by emailing sales@highbitsecurity.com using the email address associated with your account. Upon termination, your right to use the Services will cease immediately.
    2. Termination by Company. Company reserves the right to suspend or terminate your access to the Services at any time, with or without notice, if you violate these Terms of Service or if we are unable to verify or authenticate any information you provide.
    3. Effects of Termination. Upon termination of your account, all provisions of these Terms which by their nature should survive termination shall survive, including provisions related to ownership, warranty disclaimers, indemnity, confidentiality, data retention and limitations of liability.
    4. No Liability for Termination. Company shall not be liable to you or any third party for any termination of your access to the Services, including any loss of data or other damages resulting from such termination.
  10. Jurisdiction and Arbitration. This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law principles.

    1. Agreement to Arbitrate. Both parties agree that any disputes, claims, or controversies arising out of or relating to these Terms of Service, the Services provided, or any related matters shall be resolved through binding arbitration, rather than in court. This includes disputes based on contract, tort, statute, fraud, misrepresentation, or any other legal theory.
    2. Arbitration Process. The arbitration will be conducted by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The arbitration will take place in Detroit, Michigan, unless the parties mutually agree otherwise. The arbitrator's decision shall be final and binding on both parties.
    3. Waiver of Jury Trial. Both parties waive their right to a jury trial in any action or proceeding arising out of or relating to this agreement.
    4. Class Action Waiver. You and Company agree that any disputes will be conducted on an individual basis and not in a class, consolidated, or representative action. This means that you may not bring claims against Company as a member of a class action or similar proceeding.
    5. Venue. Any arbitration hearing shall take place in Detroit, Michigan and the parties consent to the exclusive jurisdiction of the state and federal courts located in Detroit, Michigan for the purpose of enforcement of any arbitration award.
  11. Privacy. We are committed to protecting your privacy. For a full understanding of our privacy practices, please refer to the complete Privacy Policy.
  12. Notice. Any notice or communication permitted or required by these Terms will be deemed effective when the communication is sent to the email addresses set forth below, by ordinary or encrypted email, and receipt of the email is acknowledged as evidenced by reply or automated email receipt notification, to the appropriate party at the addresses set forth below:
    1. Notices to Company:
      Email: legal@highbitsecurity.com
    2. Notices to You:
      The email address you use to create an account will be your primary email address and will be used for all notices under these Terms.
    3. Email Changes
      It is your responsibility to maintain your email address and to notify Company of any change to your email address, or to designate another email address as your primary contact.
  13. Information Security Services. Company provides several services, products and reports related to information security. This section includes additional Terms of Service related to these services and products.
    1. Service and Product Categories.
      1. Active Testing. Refers to "Penetration Testing", "Vulnerability Scanning", "Port Scanning", "Probing", or any other activity that is authorized by you, that requires active interaction with target systems in a way that violates the expected normal use of the system. Authorized targets could include network devices, servers, web applications, SCADA systems or any other authorized physical or software targets. Protocols could include wired, wireless, cellular, or any other protocol, whether supported by the target or not. This category also includes "Social Engineering" or any authorized service that attempts to exploit weaknesses in policy, training or any other fault in human resource management.
      2. Passive Testing. Refers to "OSINT", "Passive Recon", "Information Gathering", or any other service that interacts with target systems while adhering to, or emulating, the expected normal use patterns of the system, or utilizing information freely provided by the system, whether expected or not.
      3. Work Order. Refers to a document that specifies the exact scope of work and additional terms related to a specific engagement between Company and You. Work Orders may be prepared in advance, negotiated and signed by both parties through an online document signing service, or may be self service Work Orders accompanied by electronic purchases. All work orders must meet minimum standards, which are described at length below.
    2. Work Orders. No services are authorized or will be performed or scheduled without a Work Order accepted by both parties. Work Orders, no matter how they are prepared, are subject to the following conditions:
      1. Are subject to all of the terms of this Agreement and conform to the provisions defined below.
      2. If any provision of a Work Order conflicts with a provision of this Agreement, this Agreement shall prevail.
      3. Minimum Content. Work Orders will contain the following information at a minimum:
        1. Targeting information, including IP addresses and URLs of targeted systems,
        2. engagement time period,
        3. any required user credentials,
        4. emergency contact information for Client and Company,
        5. any restrictions on testing activity,
        6. types of reports and timing of report delivery,
        7. the price of the services to be performed,
        8. terms of payment.
      4. Acceptance. Work Orders may be prepared in advance, or self service with scope defined at purchase. Both types require further acceptance.
        1. Prepared Work Orders are prepared by Company after consultation with you about your requirements, and are considered accepted when both parties sign via an online document signing service.
        2. Self Service Work Orders are created from scope information that you specify during the purchase process, along with your acceptance of this Terms of Service agreement. Self Service Work Orders will be further confirmed via email, after payment is received, by restating the work order terms. Self Service work orders are not deemed accepted until you verify your email address and the terms of the Work Order by your reply.
    3. Proposals.

      High Bit Security may from time to time provide proposals for services which include pricing estimates. While it is our intent to provide accurate pricing estimates in all such proposals, only accepted Work Orders as defined herein shall be binding.
    4. Consideration.
      1. Initial Testing. In consideration for the Services to be performed by Company under this Agreement, Client agrees to pay Company the amounts specified in the Work Orders accepted.
      2. Post Engagement Consultation. If specified in a mutually accepted Work Order, Company may provide post testing consultation as part of the overal purchase price. If not specified, or if additional post testing consultation time is requested, Company will provide consultation time at the fixed rate of $250 per hour.
      3. Remediation Testing. If specified in a mutually accepted Work Order, Company may provide remediation testing for specific findings identified in testing as part of the purchase price. The remediation testing will only address the specific issues identified, and will not be a full re-test. If not specified in an accepted Work Order, or if the specified testing limits are exceeded, remediation testing will be provided at a fixed rate of $250 per hour, rounded to the nearest half hour.
      4. Currency. Unless otherwise specified in a mutually accepted Work Order, all consideration is to be paid in US dollars.
      5. Terms of Payment, Report Delivery. Company will begin work according to the terms of a mutually accepted Work Order, and will invoice for the remaining amounts specified in the Work Order. Unless otherwise specified in a mutually accepted Work Order, all invoices will be paid within 30 days of receipt of invoicing. Reports will not be delivered until Company is in receipt of full payment for any Work Order.
      6. Taxes, Fees. Company will be solely responsible for the payment of any taxes or fees levied by the United States or jurisdictions within the United States having proper taxing authority over Company, upon receipt of amounts paid under this agreement. Client will be solely responsible for the payment of any taxes or fees levied by the United States or jurisdictions within the United States having proper taxing authority over Client, or by the European Union, or any other Jurisdiction outside of the United States.
    5. Confidential Information and Trade Secrets.
      1. Both parties may have access to certain Trade Secrets and Confidential Information owned by the other. Both parties acknowledge and agree that the Trade Secrets and Confidential Information of the other party are the sole and exclusive property of the other party, together with all worldwide copyrights, trade secret rights, confidential and proprietary information rights, and all other property rights therein.
      2. Both parties hereby agree that Trade Secrets and Confidential Information will be kept confidential, using all commercially reasonable means, and that neither party will disclose any of the Trade Secrets or Confidential Information of the other party without the express written consent of the other party.
      3. As used herein, "Trade Secrets" means information, including, but not limited to technical or non-technical data, formulas, patterns, compilations, programs, devices, methods, techniques, drawings, processes, financial data, financial plans, product plans, business methods, or a list of actual customers or suppliers, which is a trade secret under applicable law.
      4. As used herein, "Confidential Information" means information, other than Trade Secrets, that is of value to its owner and is treated as confidential, including, but not limited to, security information, future business plans, licensing strategies, advertising campaigns, information regarding executives and employees, proposals and reports produced pursuant to this agreement, pricing information and any material clearly marked as confidential.
      5. In accordance with PCI-DSS requirements, and as a service provider to our customer, High Bit Security acknowledges responsibility for the security of any cardholder data exposed to our staff during the course of an engagement.
    6. Sensitive Data Retention and Destruction.
      1. Definitions. As used herein,
        1. "public facing report" means any report identified as a public facing report and intended for Client dissemination to third parties or the public.
        2. "sensitive data" means deliverable reports under this agreement other than public facing reports; Confidential Information and Trade Secrets other than this Agreement and related Work Orders; any information defined as sensitive under PCI-DSS, HIPAA or other relevant compliance mandate when such mandate is specified in a Work Order; and log files or other output generated by penetration testing tools or scanning software.
        3. "securely destroy", in reference to electronic files, means to delete the files by overwriting the file storage locations with random bits generated by a multiple pass disk overwrite tool, using at least three passes; in reference to paper files, "securely destroy" means to shred by standard paper shredder and subsequently to incinerate, or to cross-shred the paper files; in reference to hard disks or other storage media, "securely destroy" means to overwrite the entire storage device with random bits generated by a multiple pass disk overwrite tool with at least three passes, or, if the storage device is not usable or is otherwise not writable, to physically destroy the storage device beyond reasonable commercial methods of data recovery.
        4. "encrypt" means to render plain text into cypher-text with the Advanced Encryption Standard (AES) encryption algorithm, using 256 bit, high entropy keys.
        5. "PTAAS" means "Penetration Testing as a Service", and means a penetration test that is specifically identified as a PTAAS engagement in a mutually accepted Work Order, and is a more or less continual penetration testing engagement for a month to month term.
      2. Work Orders, Sensitive Data Retention and Destruction Provisions. All Work Orders under this Agreement will contain a section titled: "Data Retention and Destruction", and each Work Order, in said section, will specify by heading reference one of the following options for the retention or destruction of sensitive data:
        1. Full Destruction. If this option is specified in a Work Order, High Bit Security agrees to securely destroy all sensitive data, after receiving full payment from Client, after delivery of all reports, including any remediation testing and reports requested by Client, after notifying Client of intent to securely destroy all sensitive data, and after receiving authorization to do so from Client. After destruction, High Bit Security will deliver to Client an attestation that all sensitive data has been securely destroyed. Client acknowledges that the destruction of all sensitive data could impede High Bit Security's ability to defend against any subsequent claim, and agrees that effective immediately upon Client authorization of full destruction, regardless of any other indemnity limitations that may have been agreed herein or at any time prior to the authorization, to fully indemnify, defend and hold High Bit Security and each of its officers, directors, employees, subsidiaries, affiliates and agents harmless against and in respect of any and all losses or third party claims, including but not limited to law enforcement claims for losses, fees, assessments or other costs, arising out of or in connection with or otherwise relating to a Work Order specifying this option. Client agrees that the meaning of the forgoing indemnity and hold harmless provision shall be given the broadest interpretation to High Bit Security's benefit.
        2. Encrypted Archive, Client Possession. If this option is specified in a Work Order, High Bit Security agrees, after receiving full payment from Client, after delivery of all reports, including any remediation testing and reports requested by Client, to compress all sensitive data into a single archive, to securely delete all other occurrences of sensitive data, to encrypt the resulting archive with an encryption key known only to High Bit Security and to deliver the encrypted archive to Client together with the encrypted archive size in bytes, md5 and sha1 hash computations of the encrypted archive, and notify Client of intent to securely destroy all sensitive data. After receiving authorization from Client to proceed, which authorization shall include acknowledgement from Client of receipt of the encrypted archive and confirmation from Client of the archive size and hash signatures, High Bit Security will securely delete its last remaining copy of the encrypted archive, but will retain the archive size, hash signatures and the encryption key, and will deliver to Client an attestation that all sensitive data has been securely destroyed. Client acknowledges that the loss of all sensitive data could impede High Bit Security's ability to defend against any subsequent claim, and agrees to safeguard the encrypted archive and to deliver it to High Bit Security upon presentation of evidence of any claim against High Bit Security within ten business days. If, for any reason, Client does not deliver the encrypted archive in it's original state as delivered by High Bit Security, Client agrees, regardless of any other indemnity limitations that may have been agreed herein or at any time prior to High Bit Security's request, to fully indemnify, defend and hold High Bit Security and each of its officers, directors, employees, subsidiaries, affiliates and agents harmless against and in respect of any and all losses or third party claims, including but not limited to law enforcement claims for losses, fees, assessments or other costs, arising out of or in connection with or otherwise relating to a Work Order specifying this option. Client agrees that the meaning of the forgoing indemnity and hold harmless provision shall be given the broadest interpretation to High Bit Security's benefit.
        3. Encrypted Archive, High Bit Security Possession, PTAAS Exception. If PTAAS is specified in a Work Order, High Bit Security agrees to compress all sensitive data into a single archive, to securely delete all other occurrences of sensitive data, to encrypt the resulting archive with an encryption key known only to High Bit Security but also available to our monitoring programs, to retain and store the encrypted archive only on physical disk media that is itself encrypted with a second key, to extract the data only as necessary to perform the automated monitoring and manual testing envisioned by the PTaaS Work Order, and to treat the encrypted archive as Confidential Information.
        4. Encrypted Archive, High Bit Security Possession. If this option is specified in a Work Order, or if a Work Order specifies any option not otherwise described herein or fails to specify any option, or if Client fails to authorize destruction or retention under a different agreed option, High Bit Security agrees, after receiving full payment from Client, after delivery of all reports, including any remediation testing and reports requested by Client, to compress all sensitive data into a single archive, to securely delete all other occurrences of sensitive data, to encrypt the resulting archive with an encryption key known only to High Bit Security, to retain and store the encrypted archive only on physical disk media that is itself encrypted with a second key, and to treat the encrypted archive as Confidential Information.
    7. Client Responsibilities. Client will provide the following support to High Bit Security in delivering the services:
      1. Essential Resources. Client is responsible for providing URLs, account credentials, tokens or other controls necessary for testing of applications, and for providing the required access to systems if internal testing is required.
      2. Targeting Information, Client Liaison, Law enforcement Notification, Indemnification.

        Client is responsible for providing accurate identifying information for the networks, applications and devices to be tested or scanned by High Bit Security and for notifying third parties who may own networks, applications or devices that are targeted by requested tests or scans. For each test or scan conducted, Client will designate a person (the "Liaison") who is responsible for primary communication with High Bit Security, third parties and law enforcement agencies prior to and during the test or scan.

        In addition to communication with High Bit Security, the Liaison designated by Client will be responsible for insuring the accuracy of network, application and device information provided to High Bit Security and notifying and obtaining the approval of third parties who may own networks, applications or devices that are directly targeted for testing or scanning, or whose systems may be traversed by targeted testing or scanning, including but not limited to internet service providers, application service providers and data centers with relationships to Client. The Client Liaison will be responsible for obtaining a list of law enforcement agencies, public blacklists, or any other entity which may take action detrimental to High Bit Security, and to which Client or third parties report security incidents, and will notify these law enforcement agencies or other organizations of the scan or test. Client agrees to indemnify and hold High Bit Security and each of its officers, directors, employees, subsidiaries, affiliates and agents harmless against and in respect of any and all losses and third party claims, including but not limited to law enforcement claims for losses, fees, assessments or other costs, arising out of or in connection with or otherwise relating to the scanning or testing of networks, applications and devices where such networks, applications or devices are identified by Client as targets for scanning or testing.

      3. Backups, Service Interruptions. Client is responsible for taking and safeguarding full backups of all systems, databases and applications to be tested. Penetration testing by its nature involves the use of unexpected inputs and data flows that may cause applications and systems to behave in unexpected ways, and may result in data loss. Client specifically acknowledges the risk of data loss and agrees to take sufficient backups of targeted systems to restore these systems to their original state. Penetration testing by its nature may also result in service interruptions. Client specifically acknowledges the risk of service interruption and agrees to announce maintenance windows to accommodate testing or to accept any risk of service interruption. Client agrees to indemnify and hold High Bit Security and each of its officers, directors, employees, subsidiaries, affiliates and agents harmless against and in respect of any and all losses or third party claims due to data loss or service interruption when such loss is related to systems that have been identified by Client to High Bit Security as testing targets.
      4. Secure Report Delivery. High Bit Security will submit all reports regarding Client information security posture or any other confidential or sensitive information to Client in a secure manner. High Bit Security may provide its public PGP key to Client, and Client will provide its public PGP key to High Bit Security for this purpose, if necessary. As an alternative to secure email, Client or High Bit Security may provide access to a secure web or FTP site. High Bit Security will not discuss or divulge security reports with third parties, including auditors engaged in an audit of Client, without the written consent of Client.
      5. Testing Windows. Certain penetration testing activities are associated with higher risk to data and service availability than others. Automated scanning activities are an essential component of penetration testing, and are associated with the greatest level of risk to data and service availability. Manual testing procedures are associated with less risk, and passive reconnaissance activity is virtually risk free, since there is no actual interaction with target systems. It is High Bit Security’s standard practice that all testing activities may be performed at any time during the mutually agreed testing windows. If necessary, automated scanning will be conducted only during testing windows defined by Client, but of sufficient duration in the judgment of High Bit Security security engineers to complete the scans.
  14. Miscellaneous.
    1. Binding Effect, Assignment. This Agreement shall be binding upon and shall inure to the benefit of High Bit Security and Client and to their successors and assigns.
    2. Force Majeure. In the event performance of this Agreement, or any obligation hereunder, is either directly or indirectly prevented, restricted, or interfered with by reason of fire, flood, earthquake or like acts of God, wars, revolution, civil commotion, explosion, acts of public enemy, embargo, acts of the government in its sovereign capacity, labor difficulties, including without limitation, strikes, slowdowns, picketing, or boycotts, changes requested by Client, or any other circumstances beyond the reasonable control and without the fault or negligence of the party affected, the party affected, upon giving prompt notice to the other party, shall be excused from such performance on a day-to-day basis to the extent of such prevention, restriction, or interference (and the other party shall likewise be excused from performance of its obligations on a day-to-day basis until the delay, restriction or interference has ceased); provided however, that the party so affected shall use diligent efforts to avoid or remove such causes of non-performance and both parties shall proceed whenever such causes are removed or cease.
    3. The Article headings contained in this Agreement have been inserted only as a matter of convenience and for reference, and in no way shall be construed to define, limit or describe the scope or intent of any provision of this Agreement.