Terms of Service
Welcome to MadTek’s Website
These Terms of Service are a legal agreement (the “Agreement”) between you and MadTek Associates, Inc. (“MadTek”). We use the term “Services” in this Agreement to refer to our websites and MadTek’s EntrusansTM Intrusion Detection Service. If you use our Services, you are agreeing to all of this Agreement’s terms and conditions.
This Agreement incorporates by this reference all policies and content that appear on our website at madtek.com.
- Registering, Your Account, Passwords and Using the Site
To be a MadTek Services User (a person or organization who wants to access and use MadTek’s Entrusans service) you must have an account with MadTek. To have an account you must register with us. When you register you agree to give us complete, accurate and truthful information. You also agree to update your registration information to keep it current and accurate. When you create your account, you must set up a login ID and password. If you learn that anyone has used your ID and password without your authority you agree to notify us immediately. You must be at least 16 years old to open a MadTek account. If you are under the age of 18 you must have a parent or legal guardian agree to be bound by this Agreement on your behalf.
- Service Description
When you open an account with MadTek to use the Entrusans service, MadTek will allow you to download and install the Entrusans client software on each domain URL for which you pay the appropriate fees. If you have a website that supports multiple domains, you will have to pay a subscription fee for each supported URL. These Terms of Service will automatically apply to all Entrusans’ updates, upgrades, new features and new services MadTek supplies to you under your subscription. You agree that MadTek provides all Services to you on an AS-IS basis. You understand and agree that MadTek has no responsibility for the accurate or timely delivery of the Services or our failure to retain or store any information you send us.
- Our Fees
We charge monthly subscription fees for Users to access and use MadTek’s Entrusans service. We charge other fees directly to Users who order specialized services. Our current subscription fees are listed on the “Solutions” page on the madtek.com website. We reserve the right to change our pricing policies, with or without notice, at any time. By using our Services, you agree to our fees and any changes we make to them. Once you order your subscription, we will charge your credit card each month to renew your monthly subscription until you, or we, cancel your subscription. You have to close your account to withdraw your consent to being charged our current fees for using the Services.
Our fees don’t include any taxes or duties due to any taxing agency. MadTek is responsible only for federal and state income taxes on our operations and state sales taxes in the United States if due on our operations.
- Electronic Consents and Disclosures
You agree that we can electronically send you all notices and documents (the “Communications”) that relate to your account and the Services. We will send you Communications by email to the latest address in your account registration or by sending you a link so you can access the Communications on our website. Notices will be effective 48 hours after we send Communications to you electronically. Your registration may allow you to use an electronic signature and if you use an electronic signature, you agree your electronic signature has the same effect as your written, physical signature.
- Your Responsibilities
As a User of the Services you agree to abide by these Terms of Service and not to attempt to reverse engineer or defeat the operation of the Entrusans IDS.
- Intellectual Property
For the fees you pay us you get a subscription to use our Services and the MadTek websites. You don’t get any ownership rights or licenses in our Services or the websites. We own all patent, copyright, trademark and trade secret rights relating to, or arising out of, our Services and websites. Don’t change or remove our trademarks or Service marks displayed with the Services or on the websites. That would violate our trademark rights.
If you send us ideas or comments about our Services or websites you agree that we will not owe you any payment for your submissions. You also agree that we can use your submissions without your permission or acknowledging your authorship of the material you send us and that you specifically assign all copyrights to your submissions to MadTek, Inc. by your consenting to this Agreement. In short, we own all intellectual property rights to anything you send us that relates to our Services or the websites.
- Copyright Ownership
Just as we require that you respect our copyrights, we expect you to respect the copyrights of third parties. Don’t upload or post copyrighted or copyrightable material belonging to others on our websites.
If you are a copyright owner and you think someone has infringed your copyrights by publishing your copyrighted material on our websites, or to use our Services, please notify us by email using our “Contact Us” form or regular mail addressed to MadTek Associates, Inc 1129 Weaver Dairy Road Suite 17203 Chapel Hill, NC 27516. Your notice should include: 1) the legal name of the copyright owner; 2) the title of the work or works you claim have been infringed; 3) a description of the infringing material and its location sufficient for us to find the allegedly infringing material on our websites; 4) your contact information; 5) a statement, under oath, that the copyright owner did not authorize the allegedly infringing use and that you are the copyright owner or his/or her authorized agent; 6) your physical or electronic signature.
You agree that if your use of material is alleged to infringe a third party’s copyrights we may remove the disputed material from our websites without liability to you.
- Payment Forms
We accept payments made by credit card, debit card and prepaid cards through MasterCard, Visa, Discover and American Express. We may change the credit card providers and networks from whom we accept payments at any time without prior notice and we may decide only to accept cards authorized by an issuer. We may also accept ACH payments from a U.S. bank account for U.S. Users.
By using the Services or creating an account with us you agree that we may share information about you and your MadTek account with financial services companies to process payments, to comply with regulatory requirements, to maintain and administer the Services and to facilitate our risk management processes.
- Merchant Services and Chargebacks
A User may dispute or reverse a credit card charge in accordance with federal laws, the rules of their card issuer or the credit card network supporting the User’s credit card.
MadTek charges fees for the Services on a monthly-subscription basis. Once a User begins using the Services in a given payment period MadTek does not refund fees, subject to chargeback rules referred to above.
You agree to pay all taxes, if any, due based on your use of the Services. We have no obligation or responsibility for determining whether any taxes are owed based on your use of the Services and we will not collect, or pay, any taxes to any taxing authority on your behalf based on your use of the Services. MadTek is responsible only for taxes due on MadTek’s income and operations.
- Third Parties and Other Web Site Links
- Warranty Exclusions
Regardless of how you use the Services, you use the Services at your own risk. We provide the Services and our websites “AS-IS” to the fullest extent allowed by all applicable laws and regulations and we disclaim all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, non-infringement and fitness for a particular purpose.
We specifically disclaim all warranties and responsibility for third-party information or material You download or obtain through the websites or the Services and any linked websites.
SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SOME LIMITATIONS IN THIS SECTION 14 AND IN SECTION 15 BELOW MAY NOT APPLY TO YOU.
- Limits on Liabilities and Damages
IN NO EVENT WILL MADTEK, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES WHATEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF INCOME, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SERVICES WHETHER IN AN ACTION BASED ON CONTRACT OR TORT, INCLUDING NEGLIGENCE OR STRICT LIABILITY, EVEN IF MADTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MADTEK’S LIABILITY IS LIMITED IN THE AGGREGATE TO AMOUNTS PAID TO MADTEK AS FEES FOR YOUR USE OF THE SERVICES.
MadTek will indemnify and hold you harmless from, and defend, any liability, suit or expense awards against you by a court of final jurisdiction, that arise out of any claim that the Services infringe any U.S. trademark, copyright or violate the trade secret rights of any third party, provided that you give us prompt notice of any such claim and permit us to control the defense or settlement of such claim. You agree to indemnify, defend and hold us harmless from and against any and all liabilities, damages, losses, claims, costs, fees and expenses (including attorney’s fees) arising out of or related to your breach of this Agreement.
- Governing Law
The laws of the United States of America and the State of North Carolina, as applicable, will govern this Agreement’s construction and operation without regard to North Carolina’s rules regarding conflicts of laws.
- Mediation, Arbitration and Waivers of Certain Rights
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, will be determined by arbitration in Chapel Hill, North Carolina, USA, before one arbitrator. JAMS will administer the arbitration under its Streamlined Arbitration Rules and Procedures. Any court having jurisdiction may enter judgment on the Award. This clause will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitrator may, in the Award, allocate all or part of the costs of the arbitration, including the fees of the arbitrator and the reasonable attorneys’ fees of the prevailing party.
The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement must be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it will be submitted to JAMS, or its successor, for final and binding arbitration under the arbitration clause set forth above. Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with JAMS and with one another in selecting a mediator from JAMS panel of neutrals, and in scheduling the mediation proceedings. The parties covenant that they will participate in the mediation in good faith, and that they will share equally in its costs. All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable will not be rendered inadmissible or non-discoverable as a result of its use in the mediation. Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or 45 days after the date of filing the written request for mediation, whichever occurs first. The mediation may continue after the commencement of arbitration if the parties so desire. Unless otherwise agreed by the parties, the mediator will be disqualified from serving as arbitrator in the case. The provisions of this Clause may be enforced by any Court of competent jurisdiction, and the party seeking enforcement will be entitled to an award of all costs, fees and expenses, including attorneys’ fees, to be paid by the party against whom enforcement is ordered.
- International Implications
We operate our websites and the Services from within the United States of America. If you choose to access our websites and use the Services from outside of the United States you do so at your own risk. We don’t represent or warrant that our websites or Services are appropriate for use outside of the United States.
Information security is critical in our business. So we employ physical, electronic and process security measures to protect information transmitted to us and information we transmit or store. But the Internet and other networks are not 100% secure. As a result, even though we will work hard to protect information sent through our websites, we cannot and will not guarantee the security of any information we collect from your websites or that you send to or through our websites. Information transmitted over the Internet is at your own risk.
- Cardholder Data Security
We protect your payment information using accepted best practices and we review our security practices frequently. We follow applicable laws and use our best efforts to comply with industry security standards. We do not store credit cardholder data and other sensitive information on MadTek’s servers. We comply with the Payment Card Industry’s Data Security Standards regarding the transmittal, storage, protection and access to credit cardholder information.
We reserve the right to terminate your account with us and suspend your access to our websites and the Services at any time in our sole discretion. On termination, if allowed by applicable law, we will pay you when due, any monies in our possession or under our control that you are owed. On termination your right to use the websites and the Services will end but your responsibilities under this Agreement will continue in full force and effect as will our disclaimers and limitations on liability under this Agreement.
- Closing Your Account
You may close your account with us at any time by logging in to your account using your Login ID and password. When you are in your account click on the “Close Your Account” button and follow the instructions under that link. Likewise you may cancel the Services with respect to any particular domain URL by logging in to your account using your Login ID and password and cancelling one or more URLs, leaving the subscriptions for other URLs active. When you cancel the Services with respect to any domain URL our systems will delete your stored data. If you wish to re-subscribe to the Services for a cancelled URL you will have to enter a new order and the prior data for that URL will not be available to compare to an initial scan for that URL.
If you have multiple subscriptions under your MadTek account we will maintain your login information until you cancel your last remaining subscription. After you cancel your last subscription MadTek will delete your login access.
You may not assign any rights created or granted by this Agreement but MadTek may assign this Agreement without restriction.
- Survival of Terms and Conditions
On this Agreement’s termination, regardless of the reason for the termination, every provision reasonably necessary to enforce this Agreement’s purpose will survive and remain in full force and effect.
- Information Retention
MadTek does not agree to maintain or store your website(s) metadata for any specific period of time. After we notify you, using an email report, that there have been changes to your website(s) we may or may not retain the change history shown in your email report(s). It is your responsibility to retain your email reports if you want to have continued access to the file change history the reports contain.
- Other Provisions
This Agreement is the complete statement of your agreement with us regarding your use of our websites and Services. Unless otherwise expressly stated in this Agreement, this Agreement describes our only liabilities to you and your sole remedies involving your use of our websites and Services. If this Agreement conflicts with any other agreement or policy, yours or ours, this Agreement’s terms and conditions control. If a court of competent jurisdiction finds, in a final order, that any of this Agreement’s terms or conditions are invalid or unenforceable the invalid terms can be changed by the court, interpreted to be consistent with applicable laws, or stricken so as to render the remainder of this Agreement enforceable. This Agreement does not limit our trade secret rights under North Carolina law or our patent, copyright or trademark rights under applicable federal law. No failure to assert a right arising under this Agreement may be construed as a waiver of that right on any one occasion or as a waiver of the future assertion of that right.