Terms and Policies
Customer agrees to the following TOS:
1. Term and Termination: Unless requesting Hourly Services (as defined in paragraph 4 below) or otherwise agreed to by the parties in writing, Customer agrees to a month-to-month contract term for services. The month-to-month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer. Please carefully review MAPNS’s cancellation policy set forth in Paragraph 9 below. MAPNS may terminate this Agreement upon non-payment as set forth in paragraph 11 below. At its sole discretion, MAPNS may terminate this Agreement if Customer violates any terms and conditions of MAPNS’s AUP.
2. Monthly Service Fees: Fees for service(s) ordered by the Customer shall begin on the date of the initial order and that date shall serve as the monthly anniversary date (“Anniversary Billing Date”) for all future billings including one time fees, upgrades, additional services, cancellations and service credits. Fees are due in advance of the monthly service cycle and will be billed on the anniversary date of each month.
3. Upgrade Fees: Upgrades ordered on the Anniversary Billing Date will be billed for a full month service and will continue each month on the Anniversary Billing Date. Upgrades ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
4. Hourly Service Fees: For any services offered by MAPNS on an hourly basis (“Hourly Services”), Customer shall specify the period of time for which the Hourly Services are requested, or cancel at any time. The minimum period of time for which Hourly Services may be requested is one (“1”) hour and Customer will be billed in full hourly increments, and no breakdown by minutes shall be permitted. Unless otherwise specifically stated in the MSA, Customers who request Hourly Services agree to all terms and conditions in MAPNS’s MSA, including but not limited to these TOS and the AUP. Customers will be billed for Hourly Services and receive any SLA credits, if applicable, on the Anniversary Billing Date (as set forth and defined in paragraph 2 above).
5. Additional Service Fees: Additional services, not including Hourly Services, ordered on the Anniversary Billing Date will be billed for the full month service and will continue each month on the Anniversary Billing Date. Additional services ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date.
6. One Time Fees: One time fees, such as setup fees, administrative fees and late fees are due and payable at the time they are incurred, and/or agreed upon in writing or via ticket with MAPNS’s approval. One time fees, such as bandwidth overages and StorageLayer overages are due and payable upon an invoice following the billing cycle in which they are incurred, and are based on standard rates, or as otherwise agreed upon in writing or via ticket with MAPNS’s approval.
7. Taxes: Customer is responsible for paying all foreign, federal, state, and local sales, use, value added, excise duty and any other taxes assessed with respect to any services, other than those taxes based on MAPNS’s net income.
8. Service Credits: SLA credits will be issued to your Customer account and shall be used to offset future billable services. SLA credits shall not be issued as cash back to the Customer nor shall the service credits be transferable to other account holders. SLA credits shall expire if Customer’s account is fully terminated.
9. Cancellation: Because cancellation is automated, MAPNS requires a written cancellation notice via the customer portal, a minimum of twenty-four (“24”) hours prior to 00:00:01 CST (GMT-6) on the Anniversary Billing Date for discontinuance or downgrades of month-to-month services. Failure to supply the requisite twenty-four (“24”) hours written notice of cancellation will result in a full billable monthly cycle prior to cancellation. Any server cancellation prior to the minimum deadline will remain online until the automated process reclaims your server on the Anniversary Billing Date. Notice of written cancellation is required through the online customer portal located at https://clients.mapns.com. All Customer data remaining after the cancellation date will be destroyed for security and privacy reasons, unless otherwise required by law.
10. Refunds & Disputes: All services rendered by MAPNS are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customers seeking to resolve billing errors are instructed to open an accounting ticket inside the Customer portal located at https://clients.mapns.com. Customer agrees not to chargeback any credit card payments for services rendered. A chargeback of payment for services rendered will result in an additional charge of one hundred fifty dollars (“$150”) and will be subject to collection by an authorized collection agency. Customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys’ fees, court costs and collection agency fees) incurred by MAPNS in enforcing collection.
11. Non-Payment: All payments are due in full on the Anniversary Billing Date. Failure to remit payment for services on the Anniversary Billing Date is a violation of the TOS. Failure to remit payment for five (“5”) consecutive days, including the Anniversary Billing Date, shall result in a termination of public access to Customer services. Customer will, however, be permitted access to data and services through the service network. Failure to remit payment for services within seven (“7”) consecutive days, including the Anniversary Billing Date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee of twenty dollars (“$20”) will be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date. A fifty dollar (“$50”) reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after seven (“7”) days of non-payment will be destroyed for security and privacy reasons, unless otherwise required by law.
12. Data: MAPNS agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership. In the event that MAPNS handles Customer data, i.e., when replacing hard drives, MAPNS will act in accordance with PCI guidelines to ensure data is securely handled.
13. Identity Use: Customer agrees to use the MAPNS logo, MAPNS information, and/or related services in accordance with MAPNS’s approved marketing guidelines. MAPNS agrees not to use Customer logos without prior written consent of Customer.
14. Permitted Use: By accepting the MSA, Customer agrees to use MAPNS’s services solely for their intended purposes. CUSTOMER SPECIFICALLY AGREES NOT TO TAMPER WITH, MAKE DERIVATIVE WORKS OF, REVERSE COMPILE, REVERSE ENGINEER AND/OR DISASSEMBLE ANY OF MAPNS'S SOFTWARE OR FILES. If Customer violates or exceeds the Permitted Use, MAPNS reserves the right to immediately terminate Customer’s account and will pursue any and all legal remedies available.
15. LAWS: CUSTOMER AGREES TO ABIDE BY ALL LOCAL, STATE, AND FEDERAL LAWS PURSUANT TO SERVICES DELIVERED IN DALLAS, TEXAS, UNITED STATES OF AMERICA. THIS AGREEMENT IS MADE UNDER AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. EXCLUSIVE VENUE AND JURISDICTION FOR ANY AND ALL LEGAL REMEDIES ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE DALLAS COUNTY, DALLAS, TEXAS. EACH PARTY IRREVOCABLY CONSENTS TO THE FOREGOING JURISDICTION AND VENUE REQUIREMENTS AND WAIVES ANY AND ALL OBJECTIONS TO SUCH REQUIREMENTS.
16. INDEMNIFICATION: CUSTOMER AGREES TO INDEMNIFY AND HOLD HARMLESS MAPNS, MAPNS'S AFFILIATES, AND ITS RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, OBLIGATIONS, LOSSES, DAMAGES, PENALTIES, FINES, PUNITIVE DAMAGES, AMOUNTS IN INTEREST, EXPENSES AND DISBURSEMENTS OF ANY KIND AND NATURE WHATSOEVER (INCLUDING REASONABLE ATTORNEYS’ FEES) BROUGHT BY A THIRD PARTY UNDER ANY THEORY OF LEGAL LIABILITY ARISING OUT OF OR RELATED TO CUSTOMER'S CONTENT, ILLEGAL ACTIVITY AND/OR ACTUAL OR ALLEGED INFRINGEMENT OR MISAPPROPRIATION OF A THIRD PARTY'S COPYRIGHT, TRADE SECRET, PATENT, TRADEMARK, OR OTHER PROPRIETARY RIGHT.
17. LIMITATION OF LIABILITY: EXCEPT AS DESCRIBED IN THE SLA, MAPNS SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER'S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. MAPNS SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING ELSE IN THIS MSA, THE MAXIMUM AGGREGATE LIABILITY OF MAPNS AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHALL NOT EXCEED THE AMOUNT PAID BY THE CUSTOMER FOR HOSTING SERVICES FOR THE SIX MONTHS PRIOR TO THE OCCURRENCE OF THE EVENT(S) GIVING RISE TO THE CLAIM.
18. Arbitration: Any controversy or claim arising from service or related to this MSA or breach therein in excess of five hundred dollars (“$500”) shall be settled by arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The venue and jurisdiction requirements set forth above apply to any arbitration proceedings. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction.
19. Legal Compliance: By accepting this MSA, Customer represents and warrants that (i) he/she is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) he/she is not listed on any U.S. Government list of prohibited or restricted parties. Customer further represents and warrants that he/she has full authority and power to execute this Agreement on behalf of the Company he/she represents, if any. Additionally, Customer warrants that he/she is at least eighteen (“18”) years of age or older and are not otherwise legally incapacitated to execute this Agreement.
20. Electronic Signature: Acceptance by Customer of the MSA incorporating the TOS, AUP, SLA, and PA hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.
NOTE: If Customer downloads or uses any MAPNS applications (“Licensed Application”) that run on the Apple Inc. (“Apple”) operating system (“iOS”), such as with the iPhone, iPod touch, iPad or other related device using such iOS, the following terms apply and Customer must agree to and acknowledge these terms in addition to those contained in MAPNS’s Master Service Agreement:
1. Acknowledgement: MAPNS and Customer acknowledge that the Master Service Agreement (“MSA”), also commonly referred to as the End User License Agreement (“EULA”), is concluded between MAPNS and Customer only, and not with Apple Inc. (“Apple”), and MAPNS, not Apple, is solely responsible for the Licensed Application and the content thereof. MAPNS’s MSA requirements and usage rules for Licensed Applications are not less restrictive than the Usage Rules set forth for Licensed Applications in, and are not otherwise in conflict with, the App Store terms of service as of the Effective Date, which MAPNS and Customer acknowledge having had the opportunity to review.
2. Maintenance and Support: MAPNS is solely responsible for providing any maintenance and support services with respect to the Licensed Application, as specified in the EULA, or as required under applicable law. MAPNS and Customer acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.
3. Warranty: MAPNS is solely responsible for any product warranties, whether express or implied by law, to the extent not otherwise disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, Customer may notify Apple, and Apple will refund the purchase price for the Licensed Application to Customer; and that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be MAPNS’s sole responsibility.
4. Product Claims: MAPNS and Customer acknowledge that MAPNS, not Apple, is responsible for addressing any claims of Customer or any third party relating to the Licensed Application or Customer’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. MAPNS’s MSA does not limit its liability to Customer beyond what is permitted by applicable law.
5. Intellectual Property Rights: MAPNS and Customer acknowledge that, in the event of any third party claim that the Licensed Application or Customer’s possession and use of that Licensed Application infringes that third party’s intellectual property rights, MAPNS and/or Customer, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
6. Contact Information: Any Customer questions, complaints or claims with respect to the Licensed Application should be directed
MAPNS®, LLC.
963 Topsy Lane, Suite 306-341, Carson City, NV 89705
Phone: 646.216.8613
Email: sales@mapns.com
7. Third Party Beneficiary: MAPNS and Customer acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of the EULA, and that, upon Customer’s acceptance of the terms and conditions of the EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce the EULA against Customer as a third party beneficiary thereof.
General Statement: MAPNS is dedicated to the unrestricted free transmission of information via the internet and its many resources. Our goal is to deliver enterprise quality on-demand IT services to all of our Customers while serving as the medium of exchange for transmission of all information. The storage, distribution, and exchange of information (content) are the internet's single most valuable feature. MAPNS is dedicated to protecting the source and distribution of information and protecting the rights and privileges of those utilizing it. MAPNS does not purport to be the content police; our duty in the process of information dissemination is simply to act as conduit between interested parties. MAPNS follows all local, state and federal laws pursuant to the services delivered over the internet and directly related to our network and internal systems. The purpose of this AUP is to inform all Customers of acceptable, anticipated Customer use. Due to the myriad of possibilities in maintaining a network comprised of thousands of servers, this AUP is intended to act as a guideline to service and not to be all encompassing.
Public Network: The primary purpose of the MAPNS Public Network is to transmit information (packets) to and from Customer servers and data storage services. Proper use of the Public Network is to utilize the network in any way so long as Customer does not violate any local, state, or federal laws or generate harm to the network or interfere with the use of services of other users utilizing the same network. All Customers are granted equal access to the Public Network. Violation, misuse, or interference of the public network shall be considered a violation of the AUP and shall trigger the Methods of Resolution under this AUP?as set forth below in Table C.
Private Network: The primary purpose of the MAPNS Private Network is to allow secure private network connectivity to the private backend network directly connecting Customer servers and MAPNS delivered services. Proper use of the Private Network is the upload/download of content, server administration, transmission of information between servers, transmission of information between servers and MAPNS servers, secure private administration of services, data retrieval, console access, and true out of band management of their entire IT environment. The Private Network can also be utilized for service access during periods of non-payment, copyright infringement, spam abuse, service interruption or other instances requiring server administration. All Customers are granted equal access to the private secure network to securely manage their services. Connectivity to the Private Network is granted on an unrestricted basis in eight (8) hour increments. Dedicated connections to the Private Network are available through the sales team. Violation, misuse, or interference of the Private Network shall be considered a violation of the AUP and shall trigger the Methods of Resolution under this AUP as set forth below in Table C.
Security Services: The primary purpose of the MAPNS standard security services is to assist the Customer in the protection, management, update, and overall stability of the outsourced IT environment. MAPNS also monitors all aggregate network traffic via Arbor networks and router netflow statistics for traffic analysis. MAPNS also supplies Microsoft update servers and Red Hat update servers located on the Private Network for private secure update services. These services are included free of charge and are intended to assist Customers in the OS management of their servers. Other security services offered for a fee are covered via the terms of the individual services. These services include, but are not limited to: firewalls, host IDS, service monitors and other similar type products and services. Outside of the global network security services described above, Customers are required and obligated to maintain security related to Customer managed servers. The management of dedicated servers requires basic security management including password management, port management, OS updates, application updates, security policy settings and more. The Customer is ultimately responsible for individual server security unless contracted security services are purchased. Any violation of the security services included in basic services will be addressed pursuant to the Methods of Resolution under this AUP as set forth below in Table C.
Server Content: MAPNS does not actively monitor dedicated server content for review. MAPNS believes in the free dissemination of information via our services. Dedicated server content will only be reviewed upon complaint by verified third parties. Content that does not violate local, state and federal law or the AUP is deemed in compliance and shall remain intact. Legal adult content is allowed on MAPNS dedicated servers. Content deemed in violation will be addressed pursuant to the Methods of Resolution under this AUP as set forth below in Table C.
DNS Services: MAPNS supplies redundant domain names services for all Customers purchasing dedicated services. These services include the use of authoritative name servers for public resolution of domain names and private domain name resolvers located on the private service network. The DNS services are fully managed and maintained by MAPNS with Customer specific domain name management through the online Customer portal. In rare instances, where extreme intensive loads (DNS lookups) utilize disproportionate resources of the redundant DNS systems, MAPNS will notify Customer of potential violation of this AUP. Customers requiring such DNS services will be instructed to perform dedicated DNS services on Customer-managed equipment. Violation of DNS services shall trigger the Methods of Resolution under this AUP as set forth below in Table C.
IP Addresses: All Internet Protocol (IP) Addresses are owned and managed by MAPNS. IP Addresses are non-transferable from MAPNS, and Customer retains no ownership or transfer rights to IP Addresses. All IP Addresses are assigned by the MAPNS engineering team on a per VLAN, per server basis. Attempted use of IP addresses not originally allocated for use or IP addresses use on non-assigned VLANs or servers is a violation of this AUP. Violation of the IP Address policy shall trigger the Methods of Resolution under this AUP as set forth below in Table C. All IP Addresses are currently registered to MAPNS via Arin.net assignments. Private IP assignments are available to qualified Customers.
IRC: MAPNS allows the use of private Internet Relay Chat (IRC) servers for communication among private parties. MAPNS absolutely prohibits the use of IRC servers connected to public IRC networks or servers. IRC servers that result in interference of service, malicious network activity or increased demand on network security services are in direct violation of this AUP. Violation of the IRC policy shall trigger the Methods of Resolution under this AUP as set forth below in Table C.
Peer to Peer: MAPNS allows the use of internet Peer-to-Peer software for file sharing purposes. MAPNS highly recommends strict oversight and management of Peer-to-Peer software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and this AUP. Violation of the Peer to Peer policy shall trigger the Methods of Resolution under this AUP as set forth below in Table C.
Bit Torrent and Point-to-Point Software: MAPNS allows the use of Bit Torrent and Point-to-Point ("P2P") software protocols on the public network. MAPNS highly recommends strict oversight and management of Bit Torrent and P2P software environments due to the propensity to violate copyright law by sharing commercial software or copyright protected material. The sharing of copyright protected software and material is NOT allowed and is in direct violation of federal law and this AUP. Violation of the Bit Torrent and/or P2P policy shall trigger the Methods of Resolution under this AUP as set forth below in Table C.
The following list represents per se direct violations of this AUP and will be subject to immediate redress under one or more of the Methods of Resolution as described in this AUP and as set forth below in Table C. Note: MAPNS is not required to follow the Methods of Resolution for Hourly Services, and reserves the right to immediately terminate Hourly Services based on violations of this AUP.
1. Copyright and Trademark Infringement: Direct copyright infringement (as defined and noted under Title 17, Section 512 of the United States Code) and trademark infringement are direct violations of MAPNS's AUP. Please refer to DMCA copyright infringement requirements at http://www.MAPNS.com/legal for filing complaints or counter notifications related to copyright claims.
2. Unsolicited Email: The sending or receiving of mass unsolicited email (SPAM) is a direct violation of MAPNS's AUP. This includes the direct sending and receiving of such messages, support of such messages via web page, splash page or other related sites, or the advertisement of such services.
3. Email Bombing: The sending, return, bouncing or forwarding of email to specified user(s) in an attempt to interfere with or over flow email services is a direct violation of MAPNS's AUP.
4. Proxy Email (SPAM): The use of dedicated services to proxy email unsolicited users is a direct violation of MAPNS's AUP. Proxy email is defined as the use of dedicated services to act in concert with other services located inside and outside the network to achieve mass unsolicited email (SPAM) to unrelated third parties.
5. UseNet SPAM: The use of dedicated services to send, receive, forward, or post UseNet unsolicited email or posts is a direct violation of MAPNS's AUP. This includes UseNet services located within the MAPNS network or unrelated third party networks.
6. Illegal Use: Any use of dedicated services in a manner which is defined or deemed to be statutorily illegal is a direct violation of MAPNS's AUP. This includes, but is not limited to: death threats, terroristic threats, threats of harm to another individual, multi-level marketing schemes, "ponzi schemes", invasion of privacy, credit card fraud, racketeering, and other common illegal activities.
7. Child Pornography: MAPNS has a zero-tolerance policy on child pornography and related sites. The hosting of child pornography or related sites or contact information is in direct violation of federal law and MAPNS's AUP.
8. Threats & Harassment: The MAPNS network can be utilized for any type of individual, organizational or business use. This does not include threats to or harassment of individuals, organizations or businesses, unless it falls within the bounds of protected free speech under the First Amendment of the United States Constitution. MAPNS seeks to serve only as the medium of exchange for information and refrains from decisions on freedom of speech.
9. Fraudulent Activities: MAPNS prohibits utilizing dedicated services or network services for fraudulent activities. Participation in fraudulent activities is in direct violation of state and federal law and MAPNS's AUP.
10. Denial of Service: MAPNS absolutely prohibits the use of dedicated services or network services for the origination or control of denial of service attacks or distributed denial of service attacks. Any relation to DOS or DDOS type activity is a direct violation of MAPNS's AUP.
11. Terrorist Websites: MAPNS prohibits the use of dedicated services for the hosting of terrorist-related web sites. This includes sites advocating human violence and hate crimes based upon religion, ethnicity, or country of origin.
12. Distribution of Malware: MAPNS prohibits the storage, distribution, fabrication, or use of malware, including without limitation, virus software, root kits, password crackers, adware, key stroke capture programs and other programs normally used in malicious activity. Programs used in the normal ordinary course of business are deemed acceptable. Example: Security Company hosting at MAPNS analyzes the latest root kit for new security analysis/software.
13. Phishing: MAPNS strictly prohibits any activity associated with Phishing or systems designed to collect personal information (name, account numbers, usernames, passwords, etc.) under false pretense. Splash pages, phishing forms, email distribution, proxy email or any relation to phishing activities will result in immediate removal.
14. HYIP or Ponzi Schemes: High Yield Investment Plans or Ponzi schemes with the intent to defraud end users are illegal and not allowed on the network. This includes hosting, linking and or advertising via email websites or schemes designed to defraud.
Reporting Violation of the Acceptable Use Policy: MAPNS accepts reports of alleged violations of this AUP via email sent to abuse@mapns.com. Reports of alleged violations must be verified and must include the name and contact information of the complaining party, and the IP address or website allegedly in violation, and description of the violation. Unless otherwise required by law, such as the DMCA, MAPNS owes no duty to third parties reporting alleged violations due to lack of privity in contract law. MAPNS will review all verified third party reports and will take appropriate actions as described within Methods of Resolution as set forth in Table C below or within its sole discretion.
Table C: Methods of Resolution for Violations of MAPNS's Acceptable Use Policy
MAPNS understands the challenges of hosting companies, resellers, businesses, organizations and other customers who may have third party violations occur due to the nature of their business. The goal of our Methods of Resolution is to mitigate service interruptions while resolving potential violations under this AUP. Our sales, support and abuse staffs are dedicated to working with the Customer in resolving potential violations, and are available via phone, ticket, or email. The Methods of Resolution below form the framework for resolving all potential violations. Timing for resolution differs according to the degree of the violation, the nature of the violation, involvement of law enforcement, involvement of third party litigation, or other related factors. Overall, MAPNS is dedicated to working with the Customer in resolving all potential violations prior to any service interruptions.
Step 1: First alleged violation of AUP: a ticket will be generated under MAPNS to provide the Customer's master user with information regarding the potential violation of MAPNS's AUP. This is often a fact-finding email requiring further information or notifying Customer of the potential violation and the required actions to resolve the issue.
Step 2: Acknowledgement of violation of AUP: a ticket is generated under the Customer's master user account with information specific to the violation. This ticket will also include any additional facts about the situation and will notify Customer of the action required to resolve the violation.
Step 3: Violation of AUP disregarded, not properly addressed, or continuing violation if a ticket has been disregarded, not properly addressed, or resolved by the Customer for a specified period of time: MAPNS engineers will turn the public network port to the specified dedicated services off. Access to the dedicated services may then be achieved through the secure private service network for Customer resolution. As soon as the violation is addressed, the public access shall be restored and service will continue as normal.
Step 4: Failure to address violation and resolve violation: if Customer fails to address the violation AND fails to resolve the violation, a suspension of services shall occur. This is a last resort for MAPNS and only results when the Customer completely fails to participate in MAPNS's resolution process. A permanent suspension of services includes reclamation of all dedicated services and the destruction of Customer's data.
Disclaimer: MAPNS retains the right, at its sole discretion, to refuse new service to any individual, group, or business. MAPNS also retains the right to discontinue service to Customers with excessive and/or multiple repeated violations.
MAPNS considers user privacy paramount, and MAPNS utilizes great care in keeping Customer’s information private and secure. To demonstrate our firm commitment to privacy, the following agreement has been created to explain our policies and procedures in relation to all data collected.
Types of Data Collected
MAPNS collects data related to our users through the following methods:
- Automated means such as communication protocols and cookies
- Online registration and online signup forms
- Sales inquiries and transactions
- Online Customer communications
- Offline communications and interactions
- Third party sources of information
Depending upon the method of collection and use, the data collected may include information about the user from forms, registrations and transactions (such as name, title, address, company, phone number and e-mail address), financial/transaction information (such as credit card, cvv, and payment information), information about use of MAPNS web sites (such as electronic communications protocols, web pages visited, and cookies) and user preferences and privileges.
Electronic Communications Protocols and Cookies
Electronic Communications Protocols and Cookies
Cookies: Some parts of the MAPNS site use cookies (including signup forms) to collect information about visitors’ use of the web site and to facilitate return visits. The information collected from cookies is tracked to enhance security and/or to improve the functionality of the web site by avoiding duplicate data entry, facilitating navigation, and increasing the relevance of content.
Cookies on the site may collect the following information: a unique identifier, user preferences and profile information used to personalize the content that is shown, and user information to access MAPNS’s user forums. Some cookies used by MAPNS.com may remain on the user’s computer after they leave the web site, but the majority is set to expire within thirty (“30”) - three hundred sixty five (“365”) days. There may be some cookies on certain tools that are of longer duration. Cookies may also be of benefit to you by creating a more streamlined login process, keeping track of shopping cart additions or preserving order information between sessions. In the future, as we enable further customization of the site, cookies will help in ensuring that information provided to you will be the most relevant to your needs.
While we do not offer an opt-out on the site for cookies, browsers provide you with information and control over cookies. You can set your web browser to alert you when a cookie is being used. You can also get information on the duration of the cookie and what server your data is being returned to. You then have the opportunity to accept or reject the cookie. Additionally, you can set your browser to refuse all cookies or accept only cookies returned to the originating servers. Users can generally disable the cookie feature on their browser without affecting their ability to use the site, except in some cases where cookies are used as an essential security feature necessary for transaction completion.
The Data We Collect and How We Use It
MAPNS collects data from users for the following purposes:
To engage in transactions for service. Name, address, email, purchase details, and credit card/payment information may be collected and stored as part of the transaction history. The majority of the data collected under this category is contact information. MAPNS may need to share some of this data (address, payment) with credit card clearing houses, banking institutions, and other similarly situated Agents, who may require the information in order to complete the transaction (as used here, “Agents” are persons or companies who act on behalf of or under the direction of MAPNS) . MAPNS will not transfer information to any of its Agents unless it first either ascertains that the Agent subscribes to the Safe Harbor Principles or is subject to the EU Directive on Data Protection or another adequacy finding or enters into a written agreement with such Agent requiring that the Agent provide at least the same level of privacy protection as is required by the relevant Safe Harbor Principles.
To provide future service and support. Information collected for this purpose is both contact data and information related to products and service/support requested. This information is also used to provide service, product update, and similar notices.
To select content. Data may be collected to help create web site content and navigation that is most relevant and user friendly. This includes data collected as a result of site navigation, as well as data provided in forms.
To respond to user inquiries and requests for information. This data includes registrations for online newsletters, opt-in mailing lists and specific requests for further information.
To respond to law enforcement organizations, government officials, or third parties when compelled by subpoena, court order, or applicable law, or to report or prevent suspected fraudulent or illegal activity in the use of MAPNS’s services. MAPNS will notify Customer of the information request or submission as, and if, allowed.
To provide various MAPNS communities, such as resellers, with relevant product alerts and updates. These updates are related to product releases, prices, terms, special offers and associated campaigns. This data is sent when the program member signs up for the relevant program or online account.
To better tailor marketing to user needs. We may use information from user purchases and user-specified requirements to provide you with timely and pertinent notices of product releases and service developments that address your needs and specified requirements.
To better respond to requests for service or quotes for product and equipment purchase. MAPNS will pass contact information to the appropriate MAPNS sales person, or reseller for follow-up related to MAPNS products or services.
From referral “tell a friend” function. If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. MAPNS will automatically send the friend a one-time email inviting them to visit the site. MAPNS uses this data for the sole purpose of sending this one-time email and tracking the success of our referral program.
As a result of your participation in interactive discussions and public forums. There are parts of the web site that permit you to participate in interactive discussions. Some of these are moderated; all are subject to access for technical reasons. MAPNS does not control the content that users post and some may serve as public discussion forums. As in any interactive forum open to many users, you should carefully consider whether you wish to submit data and should tailor any other content submitted accordingly.
Customer Portal, Customer Customization, Preferences and Opt-Out
New Customers are automatically registered for access at https://clients.MAPNS.com. The Customer portal allows Customers the ability to create users, add/delete users, add/delete user privileges and opt in (or out) of services and mailing lists. The Customer portal provides the Customers with control over their preferences for electronic information delivery.
MAPNS has also provided the Customer’s master user the ability to manage the Customer’s account or profile information. We maintain the data and allow the Customer’s master user to update it at any time. To change this information, you must be a current Customer and login with a user ID and password and follow the prompts to “update my profile.” We continue to expand the profile of services and information that you may access and update.
Please note that some email communications are not subject to general opt-out. These include communications related to downloads; communications about sales transactions; information about software updates, patches and fixes; disclosures to comply with legal requirements; and network upgrades or other related service maintenance.
If an individual’s personal information is to be (a) disclosed to a third party who is not an Agent; or (b) used for a purpose that is incompatible with the purpose(s) for which it was originally collected or subsequently authorized by the individual, then the individual will be notified prior to such disclosure and may opt out of having the information disclosed by responding to the email and/or author of the notification, where such information shall be clearly set forth.
Security
MAPNS is concerned with the security of the data we have collected and utilizes commercially reasonable measures to prevent unauthorized access to that information. These measures include policies, procedures, employee training, physical access and technical elements relating to data access controls. In addition, MAPNS uses standard security protocols and mechanisms to facilitate the exchange and the transmission of sensitive data, such as credit card details. MAPNS does not process personal information in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by the individual.
In the event that individual personal data is acquired, or is reasonably believed to have been acquired, by an unauthorized person and applicable law requires notification, MAPNS will notify the affected individual of the breach by email or fax or, if MAPNS is unable to contact the individual by email or fax, then by U.S. mail. Notice will be given promptly, consistent with the legitimate needs of law enforcement and any measures necessary for MAPNS or law enforcement to determine the scope of the breach and to ensure or restore the integrity of the data system. MAPNS may delay notification if MAPNS or a law enforcement agency determines that the notification will impede a criminal investigation, and in such case, notification will not be provided unless and until MAPNS or the agency determines that notification will not compromise the investigation.
Enforcement
MAPNS has established internal mechanisms to verify its ongoing adherence to its privacy policy, including the Safe Harbor Principles. MAPNS also encourages individuals covered by this privacy policy to raise any concerns about our processing of personal information by contacting MAPNS at the address below. MAPNS will seek to resolve any concerns. MAPNS has also agreed to participate in the dispute resolution program provided by the European Data Protection Authorities.
Policy Updates
If we are going to use your data in a manner different from that stated at the time of collection, we will notify you via email. In addition, if we make any material changes in our privacy practices that do not affect user data already stored in our database, we will notify you by email or post a prominent notice on the customer portal notifying users of the change. In some cases, when we post the notice, we will also email users who have opted to receive communications from us, notifying them of the changes in our privacy practices.
We may update this policy from time to time to describe how new site features affect our use of your data and to let you know of new control and preference features that we provide.