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Fair Use Policy

1. Introduction

This Fair Use Policy outlines acceptable use of the Prospector scanning tool. By using Prospector, you agree to comply with this policy, which is designed to ensure that our services are used responsibly and ethically.

2. Intended Use

Prospector is designed for use by Managed Service Providers (MSPs) and similar organizations to scan prospective MSP clients and current customers. The tool is intended to help assess and improve the security posture of organizations with which the subscriber has a legitimate business relationship.

3. Prohibited Activities

The following activities are strictly prohibited:

  1. Unauthorized Scanning:

    • Scanning organizations with which you do not have a legitimate business relationship or authorization is strictly prohibited.

  2. Mass Scanning:

    • Engaging in mass scanning activities that are not aligned with the intended use of the tool is prohibited.

    • If we detect evidence of mass scanning behavior, we reserve the right to throttle your access or remove access to the tool entirely. Prospector is meant for targeted scans of current and potential clients. 

  3. Unlawful or Immoral Use:

    • Using Prospector for unlawful purposes, such as attempting to gain unauthorized access to networks, systems, or data, is strictly forbidden.

    • Any use of the tool to engage in or support activities that are illegal, fraudulent, or unethical is prohibited.

  4. Misuse of Scanning Results:

    • Using the results from Prospector scans for purposes other than improving the security posture of the organization being scanned is prohibited.

    • Sharing or disclosing scan results without proper authorization is not allowed.

4. Consequences of Violations

Violations of this Fair Use Policy may result in the following actions:

  • Throttling of your access to the Prospector tool.

  • Temporary or permanent removal of access to the Prospector tool.

  • Reporting of unlawful activities to appropriate authorities.

5. Monitoring and Enforcement

Prospector reserves the right to monitor the use of its tool to ensure compliance with this Fair Use Policy. We may investigate any suspected violations and take appropriate action to enforce this policy.

6. Changes to the Fair Use Policy

Prospector reserves the right to amend this Fair Use Policy at any time. Changes to the policy will be communicated via this website and will take effect immediately upon publication.

7. Contact Information

For any questions regarding this Fair Use Policy, please contact our customer support team at support@nextiercyber.com.

By using Prospector, you acknowledge that you have read, understood, and agree to comply with this Fair Use Policy.

Refund Policy

1. Introduction

NexTier Cyber is committed to customer satisfaction. This Refund Policy outlines the conditions under which refunds are granted for our subscription services. Please read this policy carefully to understand your rights and obligations.

2. Subscription Plans

Prospector offers two subscription plans:

  1. Annual Subscription: Prepaid for one year.

  2. Monthly Subscription: Billed monthly.

3. Refund Conditions

Annual Subscription Refunds:

  • Refunds are available only if the subscription is canceled within the first 30 days of activation.

  • After the initial 30-day period, no refunds will be issued. However, the license will remain active for the duration of the prepaid annual term.

Monthly Subscription Refunds:

  • Refunds are available only if the subscription is canceled within the first 7 days of the billing month.

  • After the initial 7-day period, no refunds will be issued. However, the license will remain active until the end of the current billing cycle.

4. How to Request a Refund

To request a refund, please contact our customer support team at support@nextiercyber.com with the following details:

  • Your account information

  • Reason for cancellation

  • Date of subscription activation

NOTE: You MUST provide a written request a refund or we cannot cancel your plan. Refund requests will be processed within 14 business days after verification.

5. Non-Refundable Situations

  • Subscriptions canceled outside the specified refund windows (30 days for annual subscriptions and 7 days for monthly subscriptions) are non-refundable. If you find yourself in a situation where you cannot continue your subscription or have other mitigating circumstances, please call. 

  • Partial refunds for unused portions of the subscription period will not be issued. It is important to understand this and choose your plan based on your projected usage. 

6. Changes to the Refund Policy

Prospector reserves the right to amend this Refund Policy at any time. Changes to the policy will be communicated via this website and will take effect immediately upon publication.

7. Contact Information

For any questions regarding this Refund Policy, please contact our customer support team at supprt@nextiercyber.com or by phone at 802-858-6066. 

By subscribing to Prospector, you acknowledge that you have read, understood, and agree to be bound by this Refund Policy.

General Terms of Use

Welcome to Nextier Cyber Solutions, LLC and Prospector!

By accessing and using our software, you accept and agree to be bound by the terms and provision of this agreement. In addition, when using this particular software, you shall be subject to any posted guidelines or rules applicable to such services. Any participation in this service will constitute acceptance of this agreement. If you do not agree to abide by the above, please do not use this service.

Terms and Conditions

Agreement between User and Nextier Cyber Solutions, LLC

Welcome to nextiercyber.com. The nextiercyber.com website (the "Site") is comprised of various web pages operated by Nextier Cyber Solutions, LLC ("Nextier Cyber"). nextiercyber.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of nextiercyber.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. nextiercyber.com is a Cloud hosted software, commonly referred to as "Software as a Service" or SaaS Site. The tools offered on our site, or any sub-sites under the nextiercyber.com domain, including subdomains such as beta.nextiercyber.com or prospector.nextiercyber.com, provide our customers with a set of capabilities to assist them with performing various services for themselves and their clients. You agree to use Nextier Cyber Solutions, LLC’s software only for purposes that are legal, ethical, and in accordance with these Terms and Conditions, Nextier Cyber Solutions, LLC’s Fair Use Policy and Nextier Cyber Solutions, LLC’s Return Policy. Specifically, the tool is to be used only with the explicit consent of the scanned entity, and strictly for lawful purposes and in accordance with our Fair Use Policy. You hereby agree to refrain from any unauthorized or illegal use of the software and acknowledge that such use may result in civil and criminal penalties.

Exemption of Liability
Nextier Cyber Solutions, LLC, its creators, and affiliates, shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from:

  • Your use or misuse of the software;

  • The inability to use the software;

  • Unauthorized access to or alteration of your transmissions or data. 

 

Electronic Communications
Visiting nextiercyber.com or sending emails to Nextier Cyber constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.


If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Nextier Cyber is not responsible for third party access to your account that results from theft or misappropriation of your account. Nextier Cyber and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

 

Children Under Thirteen
Nextier Cyber does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use nextiercyber.com only with permission of a parent or guardian

 

Cancellation/Refund Policy
You may cancel your subscription to our cloud hosted software by cancelling your license subscription at any time. The terms for your specific license are agreed to at the time of purchase and cancellation is contingent on those terms

 

Links to Third Party Sites/Third Party Services
nextiercyber.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Nextier Cyber and Nextier Cyber is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Nextier Cyber is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Nextier Cyber of the site or any association with its operators. Certain services made available via nextiercyber.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the nextiercyber.com domain, you hereby acknowledge and consent that Nextier Cyber may share such information and data with any third party with whom Nextier Cyber has a contractual relationship to provide the requested product, service or functionality on behalf of nextiercyber.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use nextiercyber.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Nextier Cyber that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site. All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Nextier Cyber or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Nextier Cyber content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Nextier Cyber and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Nextier Cyber or our licensors except as expressly authorized by these Terms.

 
International Users

The Service is controlled, operated and administered by Nextier Cyber from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Nextier Cyber Content accessed through nextiercyber.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Nextier Cyber, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Nextier Cyber reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Nextier Cyber in asserting any available defenses.

 
Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 
Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Nextier Cyber agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

 
Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. NEXTIER CYBER SOLUTIONS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. NEXTIER CYBER SOLUTIONS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. NEXTIER CYBER SOLUTIONS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEXTIER CYBER SOLUTIONS, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF NEXTIER CYBER SOLUTIONS, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination/Access Restriction

Nextier Cyber reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Vermont and you hereby consent to the exclusive jurisdiction and venue of courts in Vermont in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Nextier Cyber as a result of this agreement or use of the Site. Nextier Cyber's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Nextier Cyber's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Nextier Cyber with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Nextier Cyber with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Nextier Cyber with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

Nextier Cyber reserves the right, in its sole discretion, to change the Terms under which nextiercyber.com is offered. The most current version of the Terms will supersede all previous versions. Nextier Cyber encourages you to periodically review the Terms to stay informed of our updates.

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