|1.||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.|
|2.||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.
|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.|
|4.||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.|
|5.||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.|
|6.||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.|
|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:
|8.||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.
|9.||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.
|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.|
|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.