Effective Date: April/22/2009
Last Updated: April/22/2009
A. The operative parties referred to in this policy are COMPANY and you, the user of this site. 1. Rapid Response Computer Service is the publisher and operator of the web site www.RapideManage.com. Hereinafter referred to as "COMPANY". When first-person pronouns are used in this Policy, (us, we, our, ours, etc.) these provisions are referring to Rapid Response Computer Service d/b/a www.RapideManage.com. Additionally, when the terms "The SITE" or "SITE" are used, these terms refer to www.RapideManage.com.
2. You, the User - As the user of this site, this policy will refer to the user as "you" or through any second-person pronouns, such as "yours," etc. Hereinafter, the user of the site shall be referred to in applicable second-person pronouns.
B. This Privacy Policy describes how we use information received about you when you visit our SITE or when you subscribe to, or otherwise use our online services. This Policy does not cover any information that we may receive from or about you through channels other than through the use of the SITE.
-CHILDRENS ONLINE PRIVACY PROTECTION ACT Compliance and Non-Applicability Statement.
The Children's Online Privacy Protection Act applies to the online collection of personal information from children under the age of 13. rapidemanage.com does not collect any personal information about children under the age of 13. Children under the age of 13 are not authorized to access or use our services without the direct involvement of a parent or legal guardian. Personal information about the parent or legal guardian may be collected in accordance with this privacy policy. Any personal information about children under the age of 13 that is inadvertently collected will be purged immediately upon discovery of such information. If you have reason to believe that any personal information about children under the age of 13 has been transmitted to us, immediately send an e-mail to COPPA@rapidemanage.com reporting this transmittal of information. We will endeavor to purge any such information as soon as possible. If you are a parent or legal guardian of a child under the age of 13 and you have reason to believe that your child has accessed our site in violation of our policies, you should also contact us at COPPA@rapidemanage.com so that we may audit our records in order to remove your child or protectee's personal information from our records.
II. Revisions to this Policy
We reserve the right to revise, amend, or modify this policy and our other policies and agreements at any time and in any manner. You should periodically check for any modifications of this Policy by re-visiting this web page and using the "refresh" button on your browser. You should note the date of last revision to this Policy, which appears at the top of this Policy. If the "last modified" date remains unchanged after you have clicked the "refresh" button on your browser, you may presume that no changes have been made since the last reading of the policy. A changed "last modified" dates indicates that this Policy has been updated or edited, and the updated or edited version supersedes any prior versions immediately upon posting.
III. Personal information that we collect
Visitors to our site and services will have multiple manners of interactivity with us. Depending upon your level of interaction, we will collect different information about you. The type of information collected is as follows:
A. Members - Members are those users who subscribe to our services will be prompted to provide their name, their address, their age, their phone number, and any other necessary billing information.
B. Players - Players are those users of the site who interact with us through a subscriber member. Any personal information submitted to us by Players is submitted via Paypal, which is an external site. Accordingly, we collect no specific personal information from Players unless otherwise noted.
C. Posters - Posters are visitors to our site who choose to register to post information in our public forums. Minimal information is sought from Posters, and no actual personally identifying information must be submitted in order to become a Poster. Nevertheless, any information entered voluntarily by the Poster should be considered to be considered public information or information that is publicly available. If you do not wish for information to be made public, you should not enter it into your user profile when registering as a Poster.
D. Browsers - Browsers are visitors to the site who never enter into any active data collection pages. Any information gathered from Browsers is also gathered from Posters, Players, and Members. This information is restricted to cookies, IP Addresses and Referral URLs, and other passive information gathering devises (explained below).
IV. How we collect information from you
A. Passive Collection - We use cookies to collect information about you in order to enhance your experience on the site. The information collected in our cookies includes, but is not limited to, your user IP address, your Guest IDs, your geographic location and other session data.
B. Active Collection - we collect information from you when you complete registration forms to sign up for your membership on our Site. Locations for such collection are registration pages, we reserve the right to add additional information collection portals.
V. How we use your information
The primary use for your information is to provide you with services you have requested and/or paid for. We also use your information to deliver customized services to you. Non-personal and aggregate information, such as that collected passively is used in order to customize our marketing efforts or to customize the use of our site for an aggregate group of customers. We additionally will use personal information of users whose membership have expired or have been cancelled in order to market our services to these individuals in the future.We generally will use your information for the purposes for which you specifically provide it, for example, to ensure payment for subscription services. We also use your information for market research purposes - in order to increase your (and other users') experience according to tracked interests, to analyze and target potential new markets, and for other marketing purposes.
VI. Special Cases.
It is our policy not to use or share the personal information about Visitors or Members in ways unrelated to those described in this Policy without also providing you an opportunity to opt out or otherwise prohibit such unrelated uses. However, we may disclose personal information about Visitors or Members, or information regarding your use of the Services or Web sites accessible through our Services, for any reason if, in our sole discretion, we believe that it is reasonable to do so, including: 1. To satisfy any laws, such as the Electronic Communications Privacy Act, regulations, or governmental, or legal requests for such information;
2. To disclose information that is necessary to identify, contact, or bring legal action against someone who may be violating our Acceptable Use Policy or other user policies;
3. To operate our Services properly;
4. To protect ourselves, our Members, and the general public. We specifically reserve the right to disclose any and all information to law enforcement in the event that a crime is committed, is suspected, or if we are compelled to do so by lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
5. We will always cooperate with law enforcement authorities, private-party litigants, and others seeking information about our end users to the extent required by applicable law. Examples of such cooperation include lawful criminal, civil, or administrative process, discovery requests, subpoenas, court orders, writs, or reasonable request of authorities or persons with the reasonable power to obtain such process.
VI. Transmittals from Us
We may send you periodic announcements including the details of our existing and new programs. You may opt out of these announcements by contacting remove@rapidemanage.com or by clicking the opt-out link at the bottom of these emails. If you opt out of these marketing emails, you may still receive system notices and other information that is specifically related to your account.If you provide your information to us, use the Site, or subscribe to any of our services, you will have created a commercial relationship with us. In having done so, you understand that even unsolicited commercial email sent from us or our affiliates is not SPAM as that term is defined under the law.
VII. Public Forums, Member Directories, and Internal Messaging:
A. Public Forums - at the time of the instatement of this Policy, we do not offer any public forums, nor do we provide services that allow members to post messages to the public, nor to the membership at large. Nevertheless, we reserve the right to offer this service in the future. Any information posted to a Forum should immediately be considered to be public information.
B. Member Directories - Any information provided in a user profile, member directory, or other related service should be considered to be public information. We do not, cannot, and will not act to maintain the privacy of any information that you provide in any such forum or medium.
C. Internal Messaging - We provide an internal messaging system for use between members of our Site. Any information that you send via this internal messaging system is not secure and is not considered to be private information. You should use caution when sending any personal information over the internal messaging system, and you should not transmit any information that you would not wish to see disclosed to the general public.
XIII. Our Commitment to Data Security.
We take measures, including data encryption, to protect the transmission of all sensitive end-user information. We make every effort to ensure the integrity and security of our network and systems. Nevertheless, we cannot guarantee that our security measures will prevent third-party "hackers" from illegally obtaining this information. We take all reasonable measures to prevent such breaches of security, but given the resourcefulness of cyber-criminals we are unable to guarantee that our security is 100% breach-proof. You assume the risk of such breaches to the extent that they occur despite our reasonable security measures.
IX. How to Access or Modify Your Information.
We offer our Members the opportunity to access or modify information provided during registration. To access or modify such information, contact our Customer Service Department at www.RapideManage.com/contact/.
X.Where to Direct Questions About Our Privacy Policy.
If you have any questions about this Privacy Policy or the practices described herein, you may contact us at http://www.RapideManage.com/contact/.
TERMS AND CONDITIONS
The Rapid eManage provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.RapideManage.com. In addition, when using particular Rapid eManage services, you and Rapid eManage shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.
2. DESCRIPTION OF SERVICE All payments to Rapid eManage are final. There is NO REFUNDS given to any specific situations for any reasons, unless Rapid eManage is they feel fit in doing so. If you'd like to cancel your server please contact us, at billing@RapideManage.com and cancel your paypal subscription. This has to be done with THREE (3) days of the billing date. We will not cancel your service for you. The Service that Rapid eManage provides is an "As-IS" service and no guarantees can be made. Rapid eManage currently provides users with access to gaming servers and/or web hosting (the "Service"). You also understand and agree that the service may include certain communications from Rapid eManage, such as service announcements, administrative messages, and that these communications are considered part of Rapid eManage membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Rapid eManage services, shall be subject to the TOS. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or Rapid eManage has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, Rapid eManage has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. PRIVACY POLICY Registration Data and certain other information about you is subject to our Privacy Policy. Rapid eManage does not rent, sell, or share personal information about you with other people or nonaffiliated companies except to provide products or services you've requested, when we have your permission.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Rapid eManage of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Rapid eManage cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Rapid eManage , are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Rapid eManage does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Rapid eManage be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; harm minors in any way; impersonate any person or entity, including, but not limited to, a Rapid eManage official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; "stalk" or otherwise harass another; or collect or store personal data about other users. You acknowledge that Rapid eManage may not pre-screen Content, but that Rapid eManage and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Rapid eManage and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Rapid eManage or submitted to Rapid eManage , including without limitation information in Rapid eManage Message Boards, and in all other parts of the Service. You acknowledge, consent and agree that Rapid eManage may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Rapid eManage, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by Rapid eManage and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE Rapid eManage does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Rapid eManage the following world-wide, royalty free and non-exclusive license(s), as applicable: With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Rapid eManage removes such Content from the Service. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Service are those areas of the Rapid eManage network that are intended by Rapid eManage to be available to the general public. By way of example, publicly accessible areas of the Service would include Rapid eManage Message Boards. However, publicly accessible areas of the Service would not include Rapid eManage services intended for private communication such as Mail or Private Messages, or areas off of the Rapid eManage network of properties such as portions of World Wide Web sites that are accessible through via hypertext or other links but are not hosted or served by Rapid eManage.
9. INDEMNITY You agree to indemnify and hold Rapid eManage, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
10. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that Rapid eManage may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Rapid Game Server’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Rapid eManage has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Rapid eManage reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Rapid eManage reserves the right to modify these general practices and limits from time to time.
11. MODIFICATIONS TO SERVICE Rapid eManage reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Rapid eManage shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. Mods that increase cpu usage (Deathmatch Mod), will be charged extra or not be allowed.
12. TERMINATION You agree that Rapid eManage may, under certain circumstances and without prior notice , immediately terminate your Rapid eManage account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), and (e) unexpected technical or security issues or problems. Termination of your Rapid eManage account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in Rapid Game Server’s sole discretion and that Rapid eManage shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service.
13. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Rapid eManage shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
14. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Rapid eManage has no control over such sites and resources, you acknowledge and agree that Rapid eManage is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Rapid eManage shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
15. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT Rapid eManage SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Rapid eManage HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 MAY NOT APPLY TO YOU.
17. NOTICE Rapid eManage may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT Rapid eManage respects the intellectual property of others, and we ask our users to do the same. Rapid eManage may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Rapid Game Server’s Copyright Agent the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. Rapid Game Server’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows: contact@RapideManage.com
19. GENERAL INFORMATION Entire Agreement. The TOS constitute the entire agreement between you and Rapid eManage and govern your use of the Service, superseding any prior agreements between you and Rapid eManage. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Rapid eManage services, affiliate services, third-party content or third-party software. Waiver and Severability of Terms. The failure of Rapid eManage to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. No Right of Survivorship and Non-Transferability. You agree that your Rapid eManage account is non-transferable and any rights to your Rapid eManage I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
20. VIOLATIONS PLEASE REPORT ALL VIOLATIONS TO contact@RapideManage.com
2313 Route 33, Robbinsville, NJ 08690 | 609 - 945 - 2389 | Info@rapidemanage.com