Email Marketing with PinPoint Insights | Bulk Email Software, Online Marketing with PinPoint Insights, PinPoint Insights Email Marketing Services

NETINFINIUM SOLUTIONS PRODUCTS END USER LICENSE AGREEMENT

The terms and conditions in this agreement (the "Agreement") will govern your (the "User") access to NETINFINIUM Solutions Sdn Bhd (doing business as "NIS") Services and your use of the data you obtain by use of the Services. NIS grants to the User a non-exclusive right during the term of this Agreement to use the Services pursuant to the terms and conditions set out herein. Your use of the Services confers no title or ownership in the Services. All ownership rights remain in NIS or its third party suppliers, as the case may be.

SERVICES TO BE RENDERED AND DELIVERY OF SERVICES

NIS offers its services on an "as is" basis. Through the "Services", NIS provides marketing tools, information, information management and storage and support. Users can create and send email campaigns using the tools to distribute content supplied by the User to email addresses also supplied by the User.

(a)	The User acknowledges that NIS does not create any content and that NIS is not the author or the publisher of any campaign.

(b)	The User further acknowledges that NIS does not rent or sell email lists. NIS reserves the right, but is not obligated to, review and approve any content posted by Users. NIS disclaims all copyright and other rights in such content and all responsibility for them.

(c)	NIS retains the right to cancel and delete any campaign violating its Usage Rules as defined by NIS set forth in Section 7.

(d)	NIS reserves the right to amend or update these rules at any time without notice to the User by posting the latest NIS Products End User License agreement to its website.

(e)	By permitting direct email campaigns, NIS makes no warranties or representations of any kind as to the accuracy of the content, legality or suitability of the subject matter. NIS specifically disclaims liability for direct, consequential or incidental damages arising from such campaigns.

(f)	By posting an email campaign from NIS, User warrants that the content is true, and that User will indemnify NIS against any and all, direct, indirect or consequential claims and alleged claims that may arise from User's use of the Services. User will also indemnify NIS in the event that NIS shares the User's name with third parties for violations of Usage Rules.

(g)	By using NIS Services, the User is giving NIS permission to copy and/or store User content, contact lists and other information. NIS will not use the User content, contact lists or other User information for any purpose that violates its privacy policy.

(h)	NIS reserves the right to amend its privacy policy from time to time without notice to the User by posting the updated Privacy Policy to its web site.

(i)	As part of the Services, NIS may notify User, at the email address provided to NIS during User registration or as updated at any future time by the User, when the User campaign has been sent.

(j)	NIS will use reasonable efforts to ensure posting of the User campaign at the scheduled time. However, NIS reserves the right to alter the time and date of delivery of the campaign and the delivery of the results without prior notification to the User of such a change. NIS also reserves the right to limit the number of emails that can be sent, per campaign, at any time.

ELIGIBILITY

The Services are available to individuals who are eighteen (18) years of age or older as well as corporations and other organizations who can form legally binding contracts under applicable law. If a User does not qualify, do not attempt to use the Services. You will provide true, accurate, and current information about yourself as requested by the sign up, registration or billing process. NIS may refuse to offer the Services to any person, corporation or organization and may change the criteria for eligibility, at any time, in its sole discretion. NIS retains the right to terminate your account and your rights to use the Services if there are reasonable grounds to believe that any data you provide is or becomes untrue, inaccurate, not current or incomplete, or if you are in breach of the Usage Rules.

ACCOUNT PASSWORD AND SECURITY

The User is responsible for maintaining confidentiality of its user name and password. Furthermore, the User is entirely responsible for any and all activities that occur under its user name and password. The User is to immediately notify NIS of any unauthorized use of the account or any breach of security.

MODIFICATIONS TO THE SERVICES

NIS reserve the right to modify or discontinue the Services, temporarily or permanently, with or without notice to the User and NIS is not obligated to support or update the Services. NIS will not be liable to the User or any third party in the event that NIS exercises its rights to modify or discontinue the Services.

MODIFICATION OF TERMS AND CONDITIONS

NIS may, at any time and at its sole discretion, modify the terms and conditions of this Agreement. Any such modifications will be made available online and will be effective immediately upon posting to NIS’s website. User agrees to assume responsibility for periodically reviewing this Agreement. By continuing to use the service, following the initial posting date of modifications made by NIS, User agrees to be bound by the Agreement as amended. User may terminate this agreement in accordance with Section 12.

USAGE RULES

The User represents, warrants, covenants that use of the Services will only be in compliance with this Agreement and all applicable laws.

The Act specifies that senders of email messages that have a primarily marketing or sales purpose will not include fraudulent or misleading information in any component of the email message, including but not limited to, the subject line, ‘from’ field, and body of the email. Every email message must contain an unsubscribe mechanism, as well as a valid, physical postal address.

The User accepts full and sole liability for conforming to the law, and will in no manner hold NIS liable in whole or in part if the user fails to conform to the law.

With regard to email campaigns, the User specifically agrees not to use the Services:

(a)	To send email to any party who has not given their permission to receive email from the User. User also acknowledges that it is unlawful to send emails to addresses that were harvested (eg obtained from an automated scan of a web site) knowingly or unknowingly, and agrees to never send emails to such addresses, and accept liabilities for misuse.

(b)	For any unlawful purposes.

(c)	To harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity.

(d)	To send content or links that contain nudity or sex pornography material of any kind to individuals under age 18, or to anyone on lists that are not limited to people age 18 or older.

(e)	To send, submit or publish any defamatory, inaccurate, abusive, obscene, profane, or threatening material which is racially or ethnically offensive or which infringes upon the right of any third party, as determined by NIS.

(f)	To send content that contains links to web pages that contain nudity, sex, pornography, tasteless images, foul language, hate propaganda, anything illegal, illegal software, serial numbers for unlocking software, mail fraud, pyramid schemes or is otherwise insulting to another person(s).

(g)	To encourage the use of any controlled substance, transmission of material, information or software in violation of any local, state, federal law or International law.

(h)	To impersonate any person, including but not limited to, an official of NIS or an information provider, or communicate under a false name or a name that the User is not entitled or authorized to use.

(i)	To upload, post or reproduce in any manner any material protected by copyright without the permission of the copyright owner.

(j)	To send content that promotes or provides instructional information about illegal activities, or promoting physical harm or injury against any group or individual.

(k)	The User agrees not to directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to discover source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services of any software, documentation, or data related to the Services. The User also agrees not to remove any proprietary notices or labels from the Services or any software, modify, translate, or create derivative works based on the Services or any software, or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any software. The Services shall not be used to create campaigns to be sent by other email service providers. In the event that the User violates one of the above usage rules, or for any other reason deemed appropriate by NIS, NIS reserves the right to suspend or terminate, with or without notice, access to the User's account and all related data. NIS also reserves the right to modify the Users data with email notice provided to the User within one business day except in the case of Spam complaints by ISPs or email recipients, in which case, the name of the complainant/email recipient will be immediately unsubscribed from the User's List/s without notice to the User. In addition, if NIS gets any complaints from the User's use of the Services, being complaints from email recipients, ISPs, domain name providers, or other complaints, NIS reserves the right to share the User's name and the fact that there have been complaints, with any third party, including other providers of email marketing services.

USE AND STORAGE

NIS may store User information, content, contact lists, emails, campaign activity statistics, reports and other information in its databases for the User. NIS reserves the right to establish general practices and limits concerning the use of the Services, including without limitation the maximum number of days that information is stored, the maximum amount of disk space that will be allotted to each User, the maximum size of campaigns sent through NIS Services, the scheduled time of a campaign and the maximum number of occasions that the User may access the Services in a given period of time. NIS has no responsibility or liability for the deletion or failure to store any messages, content or other information maintained or transmitted through the Services. At any time NIS may determine that User information can no longer be stored by NIS or deem User information to be inappropriate and remove it from its databases with or without notice to the User.

If the User does not log into its account for more than 90 days, if the User does not pay for the services, if a User account is terminated for breach of this EULA, or if the User fails to remedy any breach as notified by NIS, the account will become inactive. When an account is inactive, at NIS sole discretion, NIS may notify the User by email. Inactive accounts have 30 days to become active after notification or the account and its data may be permanently removed from the NIS databases.

The User is responsible for ensuring good data management practices within their NIS account and to delete old Campaigns and/or Lists that are no longer required. If requested by NIS to delete Campaigns and/or Lists, the user will take this action within five (5) business days of such request or NIS may take the requested action in that User's account itself.

Any information stored on the NIS servers may be deleted at any time by NIS.

OWNERSHIP OF PROPRIETARY INFORMATION

The User acknowledges and agrees that the Services and NIS logos and trade names are the property of NIS or its affiliates or suppliers. User also acknowledges that NIS owns and/or has all requisite rights in and to any software necessary to provide the Services under this Agreement.

"Campaign", "Products", "InterASP", "NIS", and the NIS logo are trademarks of NIS. All other marks that appear throughout the Services are the property of their respective owners. The User fully understands and acknowledges that they are not granted any right or license whatsoever to use any of the marks and logos owned by NIS or of any such other entity, and that all such uses of any of the marks appearing throughout the Services is strictly prohibited without prior written consent of NIS.

The User understands that the NIS Services and its website also contain or may contain copyrighted or other proprietary materials of NIS, its sponsors, advertisers or other third parties. The User understands and acknowledges that, except as strictly necessary for personal viewing and use of the Services or the NIS website by means of a standard Internet browser (such as Microsoft Internet Explorer and Netscape Navigator), the User is not granted any right or license to use, link to, reproduce, reverse engineer, modify, duplicate, distribute, display or perform any such copyrighted materials used or displayed on this Website or to permit others to do the same, and that all such uses are prohibited without the prior written consent of NIS.

10.

DISCLAIMER OF WARRANTIES

At NIS 's request, the User agrees to defend, indemnify and to hold harmless NIS , its officers, directors and employees from any claims arising from the User's use of NIS Services or the User's breach of the Terms of service, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND THE INFORMATION ARE PROVIDED BY NIS ON AN "AS IS" BASIS, AND NIS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, OMISSIONS, COMPLETENESS, TIMELINESS OR DELAYS WITH RESPECT TO THE SERVICE, INFORMATION OR PRODUCTS.

IN NO EVENT WILL NIS BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES, INFORMATION OR PRODUCTS PROVIDED ON THE WEBSITE. IN PARTICULAR, NIS WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF NIS SERVICES, ITS WEBSITE OR THE INFORMATION OR DATA CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE.

NIS, ITS AFFILIATES ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE SERVICE, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN CONTRACT OR TORT, WILL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES FOR SERVICES PAID BY THE USER TO NIS WITH RESPECT TO ANY SERVICES DURING THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO ANY SUCH CLAIM(S).

11.

CHARGES FOR SERVICES

The Services are charged according to the pricing plan selected and agreed upon by the User. All prices are in US dollars or Ringgit.

There are currently two types of pricing plans, Subscription Plans known as "Volume Plans" and a "Pay as You Go" Plan. NIS reserves the right to modify or otherwise alter these plans, add new types of Plans or vary the pricing at any time. These changes will be available to the User on the website. The User is responsible for reviewing the pricing and remaining aware of the fees charged by NIS.

Under "Volume Plans", Users are charged a monthly fee for access to the Services, data storage, support and sending up to the specified maximum number of emails per month as defined in the plans. Such monthly charge will be made each month for a minimum of six (6) months ("Initial Period") from the date of sign-up to the Volume Plan. Following the expiration of the Initial Period OR of an annual subscription plan, the charges will continue on a monthly basis unless the User notifies NIS in writing that they wish to renew their annual subscription plan, terminate the Service, or downgrade the account to a lower Volume Plan. The User may upgrade their plan at any time, including during the Initial Period or before the expiry of their annual plan, by notifying NIS in writing. The monthly fee is due in advance upon commencement of the subscription. On each Monthly Date, Users are charged the monthly fee plus a charge for emails sent in excess of the maximum number of emails per month as defined in the plan. In the event of a plan change during the month that results in the User selecting a plan that increases the number of emails available to the User, the User is charged the difference between the old plan monthly fee and the new plan monthly fee upon notice from the User. The number of emails included in the Volume Plan increases immediately to those under the new Volume Plan.

Under the "Pay as You Go Plan", Users are charged for emails sent on a per campaign basis. The rate card determines the charge per email in effect at the time the campaign is run. The User may cancel this account at any time.

Payment for Services will be made by credit cards accepted by NIS. User hereby authorizes NIS to charge the User's credit card for services either on a per-event basis or on a regular once-per-month basis until terminated by a notice in writing. In The event that Charges for any fees are denied by the credit card then User acknowledges that the fees will be paid via check, wire transfer or by other credit card.

In the event of a Volume Plan change during the month that results in a "downgrade" ie the User selects a plan that decreases the number of emails available to the User, the plan change will be effective at the Users' next monthly date. Volume Plans may be downgraded at any time following the expiration of the Initial Period.

In the event that the User fails to pay for Services, in accordance with the User plan, NIS reserves the right to suspend or terminate, with notice as set forth in Section 12, access to the User's account and all related data and remove all the User data permanently form their servers.

12.

TERMINATION

(a)

This Agreement may be terminated by NIS at any time by notifying the User by email.

(b)

The User may cancel a "Pay as you Go" account at any time by notifying NIS in writing.

(c)

The User may terminate this Agreement, by written notice, prior to the end of the Initial Period. the Volume Plan has been in place for longer than the Initial Period, no Termination Fee is payable by the User.

(d)

The User must notify NIS a minimum of 14 days prior to the anniversary date for any downgrade or cancellation of an account.

(e)

If, as a result of the User violating the Usage Rules, the User's account is terminated by NIS , the following will apply:

(1)	No refund of any monies prepaid for the current month or Initial Period will be given.

(2)	If the User has pre-paid for more than the Initial Period in advance, a refund of the pre-paid funds less Administration Fee.

(f)

The termination of the Agreement by either party will not affect the User's obligation to pay the charges incurred for services consumed and any fees due and payable, under the termination clause of this contract. All terms of this Agreement which by their nature survive termination, will survive termination, including without limitation, ownership, warranty disclaimers, indemnification and limitations of liability.

(g)

Upon termination by NIS , the User's right to use the Services will terminate immediately. The User acknowledges and agrees that NIS may remove the User's files and information.

13.

EFFECT OF TERMINATION

User will pay any outstanding usage fees under any Plans and the Administration Fees due to NIS by credit card immediately upon termination by the User.

14.

MISCELLANEOUS

User acknowledges that the software, algorithms and other processes used to provide the Services, the content (other than content owned by the user or any third party), Usernames, passwords, look, feel and functionality of the services are the property of NIS or in the case of services being offered by NIS 's partners under approved distribution agreements, the property of NIS 's partners.

These terms and conditions represent the complete, final and exclusive agreement between NIS and the User, and supersede and merge all prior oral, written or electronically transmitted agreements, representations and understandings between NIS and the User.

The User agrees to grant NIS permission to include the organization’s name and logo in the NIS client list, including the NIS website, media kit and other promotional material such as client references in sales presentations, demonstrations at conferences, trade shows, and speaking engagements etc.

Any notices prescribed in this Agreement to be made "in writing" may be delivered by Email, Facsimile or Post. The laws of Malaysia will govern this Agreement. If any of the provisions of this Agreement is determined by a court to be void, invalid, unenforceable or illegal, the enforceability of the other provisions of this Agreement will not be affected.