Campaign Marketing Terms of Service
NETSUITE,INC.
TERMS OFSERVICE FOR NETSUITE CAMPAIGN MARKETING SERVICES
NetSuite Inc("NetSuite") provides on an online marketing campaign managementapplication, (the "Campaign Marketing Services")
NetSuite provides the CampaignMarketing Services to you subject to the following terms and conditions("T&C") and the Terms of Service ("TOS") for NetSuite'sServices click here. These T&C are in addition to the TOS,which all NetSuite's services are subject to. By either using the CampaignMarketing Service or "clicking" accept, you agree to be bound bythese T&C. NetSuite may modify these T&C at its sole discretion. Anysuch modification is effective upon the earlier of notice to you or beingposted by NetSuite. You accept any modification to these T&C by continuingto use the Campaign Marketing Services. The most current version of the T&Ccan be viewed here.
1. UseRestrictions
A. You may notuse the Campaign Marketing Services in any way for sending Spam. Spam isunsolicited e-mail directed to people not personally known to you, includingbut not limited to junk mail, chain letters or other unsolicited bulk e-mail,commercial or otherwise or any e-mail sent that NetSuite reasonably believesconstitutes Spam, based on applicable laws and industry practices. The CampaignMarketing Services shall be used for your internal business purposes only.
B. You agree topay for the Campaign Marketing Services based on the volume of ElectronicCommunications you send using the Campaign Marketing Services. You must pay inadvance or be invoiced prior to utilizing the Campaign Marketing Services.
C. Every e-mailmessage sent using the Campaign Marketing Services must contain a mandatoryunsubscribe link that allows the recipients to remove themselves from yourmailing list and a mandatory link for recipients to report incidents of e-mailabuse. E-mail abuse is defined as Spam and/or willfully ignoring requests to unsubscribe.You agree that you will not remove or disable these links.
D. The CampaignMarketing Services may only be used for lawful purposes. Sending orsolicitation of any material that violates any law is prohibited. Thisincludes, but is not limited to, any material that is obscene, threatening,harassing, libelous, or in any way violates intellectual property laws or athird party's intellectual property rights.
E. You agreethat NetSuite may add a "Powered by" or similar identifying messagein the footer of every message you send using the Campaign Marketing Servicesand agree not to remove this message.
2. Terminationof Marketing Services
You agree that NetSuite, in its sole discretion, may terminate your password,account (or any part thereof) or use of the Campaign Marketing Services andremove and discard any Electronic Communications within the Campaign MarketingServices, for lack of use or if NetSuite believes that you have violated oracted inconsistently with the letter or spirit of these T&C. NetSuite mayimmediately terminate your access to and use of the Campaign Marketing Servicesbased on any known or reported occurrence of e-mail marketing abuse inconnection with your use of the Campaign Marketing Services including but notlimited to spam. NetSuite may also in its sole discretion and at any timediscontinue providing the Campaign Marketing Services, or any part thereof. Youagree that any termination of your access to the Campaign Marketing Servicesunder any provision of these T&C may be effected without notice to you andagree that NetSuite may immediately deactivate or delete your account and allrelated information and files in your account and/or bar any further access tothe Campaign Marketing Services. Further, you agree that NetSuite shall not beliable to you or any third party for any termination of your access to theCampaign Marketing Services; provided, however, that if the termination isunrelated to your acts or omissions NetSuite will refund the pro rata portionof any fee that may have been paid by you for the portion of the CampaignMarketing Services not furnished to you as of the date of such termination.
3. GeneralProvisions
The T&C govern your use of the Campaign Marketing Services, superseding anyprior agreements between you and NetSuite with respect to the subject mattercontained in the T&C. The T&C and the relationship between you andNetSuite shall be governed by the laws of the State of California withoutregard to its conflict of law provisions. You and NetSuite agree to submit tothe personal and exclusive jurisdiction of the courts located within the countyof Santa Clara, California. The failure of NetSuite to exercise or enforce anyright or provision of the T&C shall not constitute a waiver of such rightor provision. If any provision of the T&C is found by a court of competentjurisdiction to be invalid, the parties nevertheless agree that the courtshould endeavor to give effect to the parties' intentions as reflected in theprovision, and the other provisions of the T&C shall remain in full forceand effect. 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 CampaignMarketing Services or the T&C must be filed within one (1) year after suchclaim or cause of action arose or be forever barred. The Section titles in theT&C are for convenience only and have no legal or contractual effect.
Note: For the complete list ofNetSuite Terms of Service, please visit: NetSuite TOS Website.
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