Policies

Product Policies

Table of Contents

Terms Of Service

1. Purpose

These Terms of Service ("TOS") constitute a legally binding agreement between you or the entity you represent ("you" or "your") and Nday Security, Inc ("Nday", "we", "us", or "our"). By engaging in correspondence with us, accessing our web properties, or utilizing our Services, you acknowledge and accept these TOS, and you commit to complying with the current version of the following: these TOS, our Acceptable Use Policy, our Refund Policy, and our Privacy Policy. These Policies are incorporated into the TOS by reference and collectively form the agreement between us. Please be aware that these Policies may be revised periodically by us, and your continued use of our Services signifies your consent to be bound by any such revisions. The most up-to-date version of these TOS can always be accessed here.

2. Services

Nday offers a range of services and products to its valued customers, collectively referred to as the "Services" in these Terms of Service ("TOS"). Whether you acquire a Service through payment, as part of a package, at full price, at a discounted rate, or even for free, any Service that you request or authorize Nday to provide is encompassed within the scope of the "Services" as outlined in these TOS and our other Policies. It is important to note that all Services are subject to our Policies.

Please be aware that certain Services may be rendered by third-party providers, and their terms of service or use, which may contain additional or different provisions, shall also govern your use of those specific Services. We reserve the right to modify the specifications or particulars of the Services at any time, although we are under no obligation to do so. Furthermore, the third-party providers with whom we contract to deliver Services may alter their offerings at their discretion, including between the time of purchase and the date the Services are provided. We will make commercially reasonable efforts to inform you of any changes pertaining to the Services.

It is our commitment to keep you duly informed of any modifications or updates related to the Services, ensuring transparency and effective communication.

3. Resellers

Should you engage in reselling activities or utilize reseller services, it is imperative to acknowledge and adhere to the terms delineated in these Terms of Service ("TOS") and our Policies. By doing so, you willingly enter into a legally binding agreement that encompasses all provisions, including those pertaining to indemnification and termination in the event of any violation of these TOS and our Policies.

Take note that any additional or disparate terms, representations, warranties, or covenants, regardless of whether they are provided by us or any third party, are explicitly disclaimed and shall be deemed null and void. Any proposed additional or different terms shall be considered a breach of the Terms of Service, which may result in the termination of your account.

As a reseller, it is incumbent upon you to comply with all applicable laws and regulations, encompassing those pertaining to consumer protection, privacy, and intellectual property rights. Moreover, you bear the responsibility of accurately representing Nday's services and must refrain from disseminating any false or misleading statements or engaging in any deceptive practices.

We value our relationship with resellers and aim to maintain transparency and open communication. If you have any questions or concerns regarding the reselling of our services, please contact us using the information provided in Section 19.

4. Enrollment; Account Information

Enrollment. By utilizing any of the Services or creating an account, you represent and warrant that you are at least 18 years of age and possess the authority to bind yourself or the entity you represent to these Terms of Service ("TOS"). As part of the enrollment process, a credit check and screening for potential fraud may be conducted, requiring accurate information to be provided for screening purposes. Furthermore, prior to using the Services, you confirm and warrant to Nday that: (i) you possess the necessary experience and knowledge to utilize the Services; (ii) you comprehend and acknowledge the inherent risks associated with the Services; and (iii) you will provide us with any materials required to facilitate the provision of the Services.

Account Information. During the account setup, it is essential to provide accurate information. Additionally, you must keep this information, including your email address, up to date throughout our business relationship. There may be instances where we need to communicate with you via email regarding the Services. We shall not be held responsible or liable for any service interruptions or damages resulting from misdirected or blocked email communications caused by third-party applications, including instances where you fail to maintain updated account and contact information or circumstances beyond our control.

Account Security. You bear full responsibility for all actions performed using your account credentials, whether executed by yourself or others. The security of your account access, password, and related measures is your sole responsibility. Nday shall not be held liable for any direct or indirect damages arising from unauthorized account access or use.

5. Term of Agreement; Billing & Payment.

Term. We shall not be obligated to commence the provision of Services until we have received payment from you upon checkout via our web platform, constituting the "Effective Date." Delivery of the Services shall commence on the Effective Date and shall continue until the expiration of the duration specified on the webpage detailing the Services found at www.n-day.net ("Initial Term").
Termination. We retain the right to suspend or terminate the Services immediately and without prior notice under the following circumstances: (a) violation of these TOS or any of our Policies; (b) failure to settle outstanding payment obligations; (c) prevention of service disruption caused by an Internet Service Provider or other network services provider; or (d) protection of the integrity of Nday's network or the security of the Services. Please note that no prior notice or opportunity for protest shall be granted in the event of our exercise of these rights. Upon termination, your account will be closed, and all associated data will be deleted. Any outstanding fees and charges must be settled in full. We assume no responsibility for: (x) forwarding emails or other communications, or (y) maintaining any data backup predating the termination date. In the event of suspension or termination due to a violation of these TOS, including any of our Policies, no credit will be issued.
Billing, Refund & Payment. For detailed information regarding billing, refunds, and payment processes, please refer to our Refund & Billing Policy. You can access the policy at the following link: Refund & Billing Policy. It provides comprehensive details on the procedures and guidelines associated with these aspects.
By enrolling in and purchasing any product, the buyer/end user acknowledges their enrollment in a yearly subscription. Products can be utilized continuously, with the usage based on the number of users or IPs. Bundled services are accessible throughout the duration of the year, while point-in-time services are utilized once within the yearly timeframe. Auto-enrollment and charges apply unless opting out 30 days prior in writing to the service's renewal date.

6. Use of the Services

Your use of the Services is subject to these Terms of Service (TOS), which include our Policies. It is important to note that Nday does not provide any guarantee regarding the uninterrupted or continuous availability of the Services. While we strive to maintain a reliable network, we cannot ensure that you will have access to Nday's network at all times or that the data transmitted by Nday will be completely accurate, error-free, virus-free, secure, or inoffensive.

7. Testimonials

You have the option to provide us with a written or verbal endorsement of our Services based on your experience using them. This endorsement, referred to as the "Endorsement," should accurately reflect your first-hand account of your experience. It's important to note that any Endorsements you provide will become our property, and we may choose to use them for promotional purposes across various media channels, including in-person, print, online, and other forms of media. We reserve the right to edit the Endorsement for brevity or other necessary reasons, as long as the edited version remains consistent with your original Endorsement.

By providing your Endorsement, you agree that we may use your first name, last initial, home state, voice or likeness, and/or contact information in connection with the publication of the Endorsement. If, at any point, you decide that you no longer want us to use your Endorsement, please reach out to us using the contact information provided in Section 18, and we will promptly cease using the Endorsement upon processing your request.

8. Data Backups

You are solely responsible for regularly backing up and maintaining copies of any data outside of Nday's network. Nday will not be held liable for any data loss or corruption, including in cases of authorized actions, hardware or software failures, or account termination.

9. Ownership, Usage Restrictions, and Data Confidentiality

Ownership and Usage Restrictions:

Any data provided or generated by you while using our Services shall remain your exclusive property or the property of the company you represent.
Notwithstanding the above, you acknowledge and agree that the underlying technology, software, and intellectual property rights used to provide the Services are owned by Nday Security, Inc.
The data received through our Services is granted to you for internal use and distribution within your company, solely for the purpose of improving your security posture.
The data shall not be used externally, shared with any third party, or disclosed to unauthorized individuals or entities without obtaining prior written consent from Nday Security, Inc, unless required by applicable laws or regulations.

Data Confidentiality and Security:

Nday Security, Inc agrees to maintain the confidentiality and security of customer data in accordance with industry standards and our Privacy Policy.
We shall implement reasonable measures to prevent unauthorized access, disclosure, or loss of customer data.

License and Information Usage:

Services performed or provided by Nday are either original works of Nday or licensed works from third parties. You are granted a non-exclusive, non-transferable, non-sublicensable worldwide license to use the Services and technology under these TOS and our Policies. Nday retains all rights, title, and interest in its technology and Services.
Information gathered by Nday is used in accordance with our Privacy Policy. By using our Services, you grant Nday and any third parties involved in providing the Services a non-exclusive, non-transferable, worldwide, royalty-free license to use, disseminate, transmit, and cache the content, technology, and information provided by you and, if applicable, End Users, in connection with the Services.

For details on data sharing and confidentiality, please refer to our Privacy Policy, available here.

10. Nday's Warranty

Nday warrants that the Services will be performed in accordance with prevailing industry standards. To make a claim for breach of warranty, you must provide written notice to Nday within thirty (30) days of the alleged breach, specifying the breach in reasonable detail. In the event of a breach of this warranty, your sole and exclusive remedy, and Nday's sole and exclusive obligation, is, at Nday's discretion, to either (i) reperform the Services, or (ii) issue you a credit based on the duration of non-conformity, prorated by the period of conformance. Please note that this warranty does not apply to Services provided by third parties.

11. Your Representations and Warranties

You agree to cooperate reasonably with us to facilitate your use of the Services. This cooperation includes providing accurate contact and billing information and ensuring that you, your employees, and/or agents have the necessary technical expertise to utilize the Services effectively.
It is your responsibility to establish and maintain a connection with us in order to use the Services. You represent and warrant that you, or the entity you represent, possess the requisite knowledge and technical skills to utilize the Services.
By using the Services, you acknowledge and agree to the terms outlined in the Nday Support Policy, available at https://www.n-day.net/pages/policies/#Support-Policy.
You warrant and represent that you have the full authority and power to agree to the terms of these Policies on behalf of the company you represent, if applicable.
Furthermore, you warrant and represent that neither you nor your company has been identified or listed as a Specially Designated National or Blocked Person by the U.S. Department of the Treasury, Office of Foreign Assets Control.

12. Disclaimers

EXCEPT FOR THE WARRANTY IN SECTION 14 ABOVE, the services are provided "as is" without any express or implied warranties, including warranties of merchantability, non-infringement, or fitness for a particular purpose. This includes any warranties arising from a course of dealing, usage, or trade practice. Any oral or written information or advice provided by Nday, its employees, agents, owners, directors, officers, or affiliates shall not create a representation or warranty or expand the scope of any representations and warranties stated in these TOS. Nday does not warrant that the services are complete or free from defects or errors.
Nday bears no liability and expressly disclaims any responsibility for the content of any data transferred to or from you, or stored by you or your customers, through the services. Nday is not accountable for any loss of data under any circumstances. Additionally, Nday is not liable for unauthorized access, data breaches, data compromise, data corruption, erasure, theft, destruction, alteration, or inadvertent disclosure of data, information, or content transmitted, received, or stored on its network.
Nday assumes no liability and explicitly disclaims any responsibility for data breaches or data compromise arising from your failure to handle your account information, data, or reports in a secure manner. It is your sole responsibility to take appropriate measures to safeguard and protect your account information and data to prevent unauthorized access or disclosure.
Nday specifically disclaims any and all warranties regarding services provided by third parties, regardless of whether those services appear to be provided by us. No warranties, either express or implied, made by these third party entities to Nday shall be passed through to you, nor shall you claim to be a third party beneficiary of those warranties.
Some states do not allow Nday to exclude certain warranties. If this applies to you, your warranty is limited to 90 days from the effective date.

13. Limitation of Liability

It is your responsibility to ensure the accuracy, integrity, title or ownership, and security of any content you or your customers access from the Internet. You acknowledge and agree that Nday bears no liability, of any kind, for the content accessed from the Internet.
In no event shall Nday be liable to you for any damages, regardless of the form of action or theory of recovery, including but not limited to: (a) data loss, (b) direct, indirect, special, exemplary, consequential, incidental, or punitive damages, even if advised of the possibility of such damages, or (c) lost profits, lost revenues, lost business expectancy, business interruption losses, or benefit of the bargain damages. This limitation of liability applies to Nday, its employees, agents, owners, directors, officers, and affiliates.
In no event will Nday's liability exceed the aggregate fees received from you for the three (3) month period immediately preceding the event giving rise to the liability.

14. Indemnification

You agree to indemnify, defend, and hold harmless Nday, its personnel, parent, subsidiaries, affiliated companies, third-party service providers, and each of their respective officers, directors, employees, shareholders, and agents (referred to as "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including reasonable attorney's fees) arising out of or relating to: (i) your use of the Services, including any data migration-related efforts requested from Nday personnel or authorized by you; (ii) any violation by you of these TOS or any of Nday's Policies, including violations resulting in network disruptions; (iii) any breach of your representations, warranties, or covenants contained in these TOS, including the Policies; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of these TOS or the Services.
Nday shall indemnify and hold you harmless from, and at its own expense agrees to defend or, at its option, settle any claim, suit, or proceeding brought or threatened against you, to the extent it is based on a claim that the Services provided by Nday hereunder infringe any U.S. patent, copyright, or trademark. This indemnification provision is expressly limited to Services that are fully owned by Nday and does not extend to products or services provided by third parties. If permitted in its agreements with third-party suppliers, Nday shall flow down applicable intellectual property indemnification provisions to you. This paragraph is conditioned on your promptly notifying Nday in writing of the claim and providing Nday with full authority, information, and assistance for the defense and settlement thereof. In the event of an infringement claim or the likelihood of one, Nday shall have the right, at its option and expense, to: (i) procure for you the right to continue using the Service(s); (ii) replace the infringing Service(s) with Service(s) that perform the same or similar function, regardless of manufacturer, or modify them to be non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate the infringing or affected Services and refund the fees charged by us for the period in which the Services were unavailable.

15. Notices

Notices shall be sent to you at the email address provided in your account. You are responsible for ensuring that we have your current and accurate email address by maintaining up-to-date account information.
For most issues, including technical support and billing, please refer to our website at https://www.n-day.net/ for contact information. Notices regarding this Terms of Service and other Nday Policies should be directed to:

Nday Security, Inc
8 The Green, Ste 4000
Dover, DE 19901

16. Legal

Compliance with Law
1. Your use of the Services is subject to the applicable U.S. export laws. It is your responsibility to ensure that your use of the Services complies with these laws, and we encourage you to familiarize yourself with the U.S. export laws to ensure compliance. For more information about U.S. export laws, you may visit: https://www.export.gov/.
2. We may be required to disclose information, including information that you consider confidential, in response to a court order, subpoena, summons, discovery request, warrant, regulation, or governmental request. Such disclosures may be necessary to protect our business interests or the interests of others. We are not obligated to notify you of such disclosures, unless we have explicitly agreed to do so. In certain circumstances, legal restrictions may prevent us from providing notice. Our cooperation with civil litigants is at our discretion, and we may charge a fee of two hundred dollars ($200) per hour for responding to requests for production of documents or other activities beyond ministerial tasks. We do not entertain requests from civil litigants for pre-approval of expenses, and we may require a deposit for securing payment.
  
  Please be aware that these provisions govern our disclosure practices and may apply in situations where legal requirements or obligations arise.
Force Majeure. Neither party shall be held liable for any delay or failure in performance caused by circumstances beyond their reasonable control, including but not limited to third-party service failures, software failures, hardware failures, distributed denial of service (DDoS) attacks, acts of God, bandwidth interruptions, general network outages, earthquakes, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers. The obligations and rights of the affected party shall be extended on a daily basis for a period equal to the duration of the excusable delay. The party experiencing such delay shall provide prompt notice to the other party, no later than ten (10) days from the commencement of the event.
Choice of Law, Jurisdiction, and Venue. The validity, interpretation, and performance of these Terms of Service, including our Policies, shall be governed by and construed in accordance with the laws of the State of Michigan, United States of America, without regard to its conflict of law principles. You agree that any disputes arising out of or related to these Terms of Service shall be subject to the exclusive jurisdiction and venue of the Washtenaw County Circuit Court in Michigan or the U.S. District Court for the Eastern District of Michigan. The parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.
All Claims. All claims brought against us must be resolved in accordance with our Policies. This includes claims related to service outages, which are expressly addressed in our Policies. Any claims filed or brought in violation of our Policies will be deemed improper and a breach of our agreement. In such cases, we may seek to recover attorney's fees and costs incurred, which includes the fees charged by our own attorneys.
No Waiver. No waiver of any right under these TOS or our Policies shall be deemed a subsequent waiver of such right under these TOS or any other of our Policies.
Assignment. These TOS may be assigned by Nday, but may not be assigned by you. These TOS shall be binding upon and inure to the benefit of the respective corporate successors and permitted assigns of the parties.
Severability. In the event that any of the terms of these TOS, including any of the Policies, are deemed illegal or unenforceable by a court of competent jurisdiction, such term(s) shall be modified to align with Nday's intended meaning to the extent permitted by law. The remaining terms of these TOS shall remain fully valid and enforceable.
Survival. Sections 11 through 18 of these TOS shall continue to remain in effect even after the termination of these TOS.
Construction. The terms "including," "includes," and "include" as used in these TOS shall be understood to be followed by the words "without limitation," and any examples provided shall be considered illustrative in nature and not intended to limit the scope of the general term.
Claims Period. Any action or proceeding against us must be initiated by you within one (1) year from the date of the Service that forms the basis of the action. You acknowledge and agree that this one-year limitation constitutes a deliberate waiver of any rights provided by any applicable statute of limitations that would otherwise allow for a longer period to assert such a claim.

Server Maintenance Policy

1. Purpose

This document outlines Nday Security, Inc's Server Maintenance Policy, which details our practices for the maintenance and management of our technology infrastructure to enhance and oversee the provision of our Services (referred to as the "Services" in the Terms of Service).

2. Availability

We strive to ensure the availability of our Services twenty-four (24) hours a day, seven days a week, using our best efforts. However, in order to maintain efficient and secure operations, regular maintenance and upgrades ("Scheduled Downtime") of servers and network equipment are necessary. You acknowledge that the Services may occasionally be unavailable for various reasons, including Scheduled Downtime or factors beyond our control. We will provide reasonable advance notice of Scheduled Downtimes and make reasonable efforts to minimize any other disruptions, inaccessibility, or operational issues with our web servers. However, we cannot be held responsible for instances of unavailability.

3. Maintenance

Nday will make a reasonable effort to advise Nday customers as far in advance as possible of any predicted extended outages.

Definitions. Three types of maintenance downtimes are defined:
1. Routine Maintenance: This refers to a brief downtime that occurs on a weekly basis and is necessary to perform quick updates, patches, and required reboots or restarts.
2. Comprehensive Maintenance: This refers to a longer downtime that occurs monthly or as otherwise scheduled. It is necessary to implement more significant enhancements and improvements to the system.
3. Emergency Maintenance: This refers to maintenance activities that are of such severity that immediate attention is required to address service-related issues.
4. Scheduled Downtime: This encompasses both Routine Maintenance and Comprehensive Maintenance activities described in (i) and (ii) above.
Intervals. The Scheduled Downtime intervals are outlined as follows, with the time zone specified based on the location of the data center or server:
1. Routine Maintenance Window (Weekly): The routine maintenance window, occurring on a weekly basis, is scheduled for Sunday mornings, commencing at 12:00 AM and concluding at 5:00 AM. During this designated period, it is anticipated that any potential service outages will not exceed a duration of fifteen (15) minutes, unless unanticipated complications arise. Please note that no prior announcement or notification will be made regarding routine maintenance activities.
2. Comprehensive Maintenance Window (Monthly or Scheduled): The comprehensive maintenance window, organized on a monthly or otherwise scheduled basis, is typically arranged for the first Saturday evening of each month. This timeframe extends from 7:00 PM until 7:00 AM on Sunday morning. Alternatively, specific maintenance windows may be established and communicated to affected customers via their designated contact email addresses. The purpose of comprehensive maintenance is to facilitate significant enhancements and improvements to our systems.
3. Emergency Maintenance: Emergency maintenance, reserved for extraordinary circumstances, is implemented when critical situations arise that demand immediate attention. While we make every effort to notify customers in advance should emergency maintenance become necessary, please be aware that due to the nature of such events, prior notice may not always be feasible or possible.
Limitations. This Server Maintenance Policy encompasses various components, including but not limited to: (i) shared servers and accounts, (ii) reseller servers and accounts, (iii) VPS servers and accounts, (iv) dedicated servers and accounts, (v) all network equipment, and (vi) internal websites. It is important to note that major system upgrades may necessitate additional instances of Scheduled Downtime in order to ensure optimal functionality and performance.

4. Backup of Data

Please be aware that Nday assumes no liability for any data loss or corruption, including but not limited to instances arising from: (i) actions duly authorized by us, (ii) actions undertaken by you while utilizing the Services, (iii) hardware malfunctions, or (iv) software or technological malfunctions.

5. Customer Responsibilities

As a customer, it is your responsibility to ensure that all Services running on your servers are configured to automatically resume operations following a reboot or restart. Nday cannot be held accountable for any issues or service interruptions that may arise due to reboots performed during regular maintenance periods.
Please note that we bear no responsibility for any downtime resulting from actions taken by you. If you have any inquiries or require assistance, please contact our support team by submitting a ticket at https://www.n-day.net.

Support Policy

1. Purpose

This is Nday Security, Inc's Support Policy. The purpose of this policy is to outline our support policies and procedures, ensuring transparency and clarity regarding the support services we provide and the expectations we have for our customers. It is important for all customers to review and understand these policies to ensure a smooth hosting experience. You can find the full Terms of Service, which includes the definitions of capitalized terms used in this policy, at: https://www.n-day.net/pages/policies/#Terms-Of-Service. We are committed to delivering quality support and assisting you with your hosting needs.

2. Backup of Data

Please note that Nday is not liable for any data loss or corruption, including but not limited to loss resulting from our authorized actions, actions taken by you using our services, hardware failures, or software/technology failures. Taking proactive measures to back up your data ensures its safety and minimizes the risk of potential loss or corruption.

3. Customer Relationships

At Nday, we are committed to delivering courteous, professional, and technically accurate support to our valued customers. We understand the frustrations that can arise from technical issues, and we aim to assist you with respect and promptness. We kindly ask that you reciprocate this level of respect in your interactions with our support team.

Should you encounter any concerns or feel that you have been treated unfairly, we encourage you to reach out to us. We are here to address your feedback and provide resolutions. If you wish to escalate a matter, you may contact us to directly reach a supervisor who will assist you further. We value your satisfaction and strive to ensure a positive support experience for you.

4. Support Hours

Please note that responses to tickets submitted outside of business hours may be delayed until regular business hours resume. Thank you for your understanding.

5. Billing and Sales Support

Billing and Sales tickets are handled as quickly as possible. Please see our Refund and Billing Policy, located at: https://www.n-day.net/pages/policies/#Refund-Billing-Policy, for more information regarding Nday’s billing policies.

Acceptable Use Policy

1. Purpose

Thank you for your business. This is Nday Security, Inc's Acceptable Use Policy (AUP). The AUP outlines your obligations and expectations when using our Services. Our goal is to provide complete Internet access and support business growth while preventing abuse. While this AUP governs your use of our Services, it may not cover all prohibited activities. We reserve the right to update the AUP as needed, and the most recent version will be available at https://www.n-day.net/pages/policies/#Terms-Of-Service.

2. Nday's Policies; Third Party Policies

This AUP, along with our other Policies, forms a contractual agreement governing your use of our Services. By using our Services or agreeing to our Terms of Service, you have agreed to comply with our Policies. Even if you are not our direct customer, your use of Services provided through us obligates you to adhere to this AUP. You are also subject to the policies of third-party service providers facilitated by Nday. We can provide more information about these policies upon request.

3. Appropriate Use of Nday Services

We respect intellectual property rights and expect you to do the same. To report any potential infringement of intellectual property rights, please refer to our Digital Millennium Copyright Act (DMCA) Policy at the following link: https://www.n-day.net/pages/policies/dmca/. It outlines the process for notifying us of such infringements. It is your responsibility to comply with U.S. laws related to copyrights, trademarks, patents, and other applicable laws governing your use of our Services and intellectual property.

4. Prohibited Uses

Unsolicited commercial email, or SPAM, is prohibited. Please ensure that any commercial email you send complies with the "CAN-SPAM Act." If you suspect one of our customers is engaged in spamming, please send us with all relevant headers and your contact information using the Contact US page.

5. Contacting Us

We welcome your communication if you believe someone has violated our Acceptable Use Policy. To ensure effective communication and prompt response, we have designated specific channels for contact. When contacting us, please provide accurate information to facilitate communication and address your concerns. Anonymous correspondence will not receive a response, and individuals intentionally misleading us about their identity or the basis of their complaints may be referred to law enforcement. Please note that any information you send or communicate to us is not considered confidential, regardless of your claim.

Please send all correspondence using the Contact US page.

Mailing Address:

Nday Security, Inc
8 The Green, Ste 4000
Dover, DE 19901

6. Date of Policy

This Acceptable Use Policy was last updated on June 28, 2023.

Refund & Billing Policy

1. Purpose

This is Nday Security, Inc's Refund & Billing Policy. It provides information on how we handle customer charges, refunds, and billing disputes related to the Services. For definitions of capitalized terms used in this policy, please refer to our Terms of Service located at: https://www.n-day.net/pages/policies/#Terms-Of-Service.

2. Responsibility for Payment

You are responsible for all Fees associated with the use of our Services once they are made available to you. Your invoice is generated at the time of purchase.
Price Adjustments. Price adjustments may occur periodically to remain competitive.

3. Refunds

Accounts terminated due to violations of the Terms of Service are not eligible for refunds or service credits. Service credits are at our discretion and have no cash value. They expire within ninty (90) days from the date of issuance or upon account expiration or termination.

All sales are deemed final, and no refunds will be granted unless authorized at our sole discretion.
Refunds are subject to the terms of service of third-party payment processors, which take precedence over our Terms of Service and Policies. If we are unable to refund fees via the original method of payment, we will make reasonable efforts to return or credit the appropriate funds to you.
Refunds will be processed based on the original payment method. Credit card payments will be credited back to the card on file, PayPal payments will be refunded to the PayPal account, and payments through other processors will be refunded accordingly. It is essential to keep your account information up to date to ensure the refund is completed successfully. Refunds for bank transfers, checks, money orders, or credit card payments beyond one hundred twenty (120) days will be issued via PayPal. If you are unable to accept PayPal payments, alternative refund methods may not be available. Nday is not responsible for any fees deducted by PayPal during the refund process.

4. Service Credit Eligibility

The availability of service credits is subject to our sole discretion.

5. Billing Errors; Chargebacks

If you notice any errors on your invoice, please promptly inform our Billing Department by submitting a ticket through our website at https://www.n-day.net/. We will address invoice errors if notified within ninety (90) days. Refunds, if applicable, will be issued as service credits to your account for use on future invoices. Please note that service credits hold no cash value.
For any questions or concerns about charges from Nday, please reach out to us using the contact information provided above. If a chargeback is received, a fifty dollar ($50) investigation fee will be applied to the associated billing account, and all services will be immediately suspended pending investigation. Nday reserves the right to reject the use of payment methods associated with accounts that have previously issued chargebacks. Additionally, upon receipt of a chargeback or payment reversal, the account related to the payment may be suspended or terminated.

6. Feedback

You are under no obligation to provide us with any suggestions, enhancement requests, recommendations, or other feedback regarding our products and services ("Feedback"). If you choose to provide us with any Feedback, we have the right to use and incorporate that Feedback into our products and services without any restrictions or the need for payment to you.

Privacy Policy

1. Parties

This is Nday Security, Inc's Privacy Policy, which outlines how we collect, use, store, and disclose information obtained from our customers, and website visitors ("Users"). Terms not defined in this policy have the meanings ascribed to them in our Terms of Service, available at: https://www.n-day.net/pages/policies/#Terms-Of-Service.

2. Purpose

In conducting our internet business, we collect various types of information from Users. Although titled a "privacy policy," this document describes how we utilize both personally identifiable information (PI) and anonymous information (AI) collected directly or indirectly from our Users (collectively referred to as "Information"). It is important for Users to understand that the Information they transmit, provide, or otherwise share with us may not be considered private. We encourage you to carefully review this Privacy Policy to understand how we handle such information.

3. Acceptance of the Policy

By using our website (www.n-day.net), placing an order for our Services, or subscribing to our email list, you indicate your acceptance of this Privacy Policy.

4. Changes to Policy

In the event of a material change to this Privacy Policy, we will notify you by email, post a notice on our website, or indicate the updated Policy on our website. Your continued use of our services after such changes will signify your acceptance of the updated Policy. If you do not agree with the changes, we will continue to handle any previously collected personally identifiable information in accordance with the Policy in effect at the time of collection.

5. Information that we Collect; Use of Information.

We may need to disclose personally identifiable information (PI) in compliance with legal requirements or as allowed by law. However, we take measures to limit the disclosure and use of such information. When customers use our services, they provide registration and billing information, while users contacting us may share additional inquiry information. We also collect anonymous information (AI) to enhance the website experience and monitor its security. It's important to note that third parties may be involved in providing certain services, but we are not responsible for their websites or privacy policies. In specific circumstances, customer inquiry information may be shared, but confidentiality is maintained. We do not knowingly collect information from children under 13. If there are any changes to our practices regarding personal information, we will provide notice and an opportunity to opt out.

6. Your Access to and Ability to Change PI

To request access, updates, or corrections to your personally identifiable information (PI), please contact us using the contact information provided below. For security reasons, we may ask for verification of your identity when processing such requests. Additionally, you have the option to modify your information through your account's control panel or request the deletion of inquiry-related information by reaching out to us via our contact form at https://www.n-day.net/contact/.

7. Deleting and Retention of PI

You have the right to request the deletion of your personally identifiable information (PI), and we will make reasonable efforts to comply with such requests. However, please note that we may be required or allowed by law or best business practices to retain and use PI for certain periods of time.

8. Security

To ensure the protection of personally identifiable information (PI), we have implemented various safeguards, including technical, physical, and administrative measures. These safeguards are designed to prevent loss, unauthorized access, use, and disclosure of PI. Passwords are stored on our server in encrypted form to enhance security. We also have processes in place for the retention of personal information, which is kept as necessary to fulfill the purposes stated in this Privacy Policy and to comply with legal requirements. Our employees are bound by confidentiality obligations to ensure the privacy and security of the information.

California Privacy Rights

If you are a resident of California and have provided us with your personal information, you have the right to request a list of all third parties to whom we have disclosed your personal information for direct marketing purposes. Upon receiving such a request, we will provide you with the following information:

Categories of information disclosed to third parties for direct marketing purposes during the previous year.
Names and addresses of the third parties that received your information, or examples of the products or services they market if their business nature cannot be determined from their name.

To make this request, please contact us in writing by postal mail or through the provided email address under the "Contact Information" section at the end of this Privacy Notice. Kindly indicate your preferred method of receiving our response.

Regarding "do-not-track requests" from users' browsers, please note that we currently do not respond to such requests as required by California law.

PCI DSS (Payment Card Industry Data Security Standard)

As all financial transactions are handled by a third-party processor and we do not store any credit card information on our systems, our service is not subject to PCI DSS (Payment Card Industry Data Security Standard) requirements. We do not process, store, or transmit any credit card data within our system. Therefore, our service does not need to and may not meet the standards set forth in PCI DSS. It is important to note that our service should not be used to handle or store any credit card information, as it is not designed to be compliant with PCI DSS requirements.

Testimonials

Pursuant to our Terms of Service (located at https://www.n-day.net/pages/policies/#Terms-Of-Service), you have the option to provide us with an Endorsement regarding your use of our Services. We may choose to use your Endorsement to promote our Services, as specified in our Terms of Service. By providing us with your Endorsement, you grant us permission to use your first name, last initial, home state, voice or likeness, and/or contact information for the purpose of publishing the Endorsement. If you wish for us to discontinue using your Endorsement, please contact us using the contact information provided in Section 18 of our Terms of Service. Upon receiving your request, we will promptly stop using your Endorsement.