ROGER R. QUILES, ESQ.

Attorney at Law
60 Bay Street, Suite 708
Staten Island, New York 10301
Telephone: (917) 477-7942
Fax: (917) 791-9782
Email: Roger@RRQlaw.com
Licensed in New York and New Jersey

January 5, 2016
Via Mail and Email
Staminus Communications
4695 MacArthur Court, 11th Floor
Newport Beach, California 92660
legal@staminus.net
Re: Refund of unused pre-paid services
To Whom It May Concern:
Please be advised that I represent FrozenOrb LLC (FrozenOrb). FrozenOrb seeks a
refund of the value of two months of unused, pre-paid, Enterprise DDoS Mitigation services as a
result of Staminus Communications (Staminus) actions and misrepresentations.
FrozenOrb entered into a contract with Staminus, bearing Staminus Contract Number
2015.6.30STAMINUS MSA FROZENORB LLC, on June 30, 2015 for Staminus to provide
distributed denial of service (DDoS) protection for FrozenOrbs network. FrozenOrb pre-paid
for Staminus services through December 2015. On October 17th, 2015, at approximately
11:00PM PST, all three of FrozenOrbs production IP addresses were null routed by Staminus as
a result of the DDoS attacks which crippled FrozenOrbs network. Despite informing Staminus
on October 14th, 2015 that a DDoS attack was expected in the following days, and that
FrozenOrb must stay online, such attacks resulted in Staminus null routing of all three of
FrozenOrbs production IP addresses. Prior to October 17, 2015, and subsequent to June 30th,
2015, FrozenOrb experienced several DDoS attacks which significantly impaired FrozenOrbs
network and its ability to provide its services to its customers. As a result of the October 17th
DDoS attacks, and Staminus null routing of three IP addresses, FrozenOrb immediately stopped
utilizing Staminus services and informed Staminus of such in an email to Bryant Townsend
dated October 28, 2015.

Staminus null routing of multiple IP addresses fundamentally conflicts with the

unmetered/unlimited protection, as stated in the Supplemental Agreement to the above
referenced contract, which FrozenOrb paid for. Importantly, nowhere in the above referenced
contract are the terms unmetered or unlimited defined, nor are any service limitations
discussed, leaving any party entering into such contract to assess its terms based upon their plain
meaning. Yet, despite terming Staminus protection as unmetered and unlimited, once said
services were purchased, Staminus control panel clearly displayed mitigation limitations. By
null routing several IP addresses during a DDoS attack and displaying mitigation limitations in
Staminus control panel subsequent to said services being purchased, Staminus protection had
clear limitations which were not disclosed to FrozenOrb prior to entering into the contract, nor in
the contract itself. Such actions, in direct opposition of unmetered/unlimited protection
constitute breach of contract. Additionally, by procuring Staminus unmetered/unlimited
protection service, FrozenOrb was of the belief that its network would be protected by the
service from any DDoS attack; not only from attacks which did not exceed a certain threshold as
determined by Staminus, unbeknownst to FrozenOrb at the time it entered into the above
referenced contract. Such misrepresentation is unlawful.
Despite Staminus breach of contract, its misrepresentations, and its actions, FrozenOrb
only seeks to be refunded for the amount of two months of unused, pre-paid, services, or $5,000.
FrozenOrb has been made aware of its legal rights and if not refunded by January 22, 2016, will
not hesitate to enforce them.

Sincerely,

Roger R. Quiles, Esq.