Namaste Interactive, LLC offers creative services and a web based tool that enables companies to upload, store and manage customer and member lists, create and send email campaigns to those lists, and track the results of those campaigns. Namaste Interactive, LLC and its related services are provided to you, the Customer, by us, the Company that owns and operates the service. For the purposes of this Agreement, we will refer to ourselves as "Namaste Interactive, LLC " the service as "NamasteLight" and to you as the "Customer." Any use of "you" in this Agreement refers to the Customer, and any uses of "we" or "us" refers to Namaste Interactive, LLC. BY PURCHASING A NAMASTELIGHT MONTHLY PLAN, AND USING THE NAMASTELIGHT SERVICE, YOU AGREE TO ABIDE BY THE TERMS SET FORTH IN THIS AGREEMENT AND THAT (A) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE, (B) YOU AND YOUR COMPANY ARE ABLE TO SIGN LEGALLY BINDING CONTRACTS, AND (C) YOU ARE REPRESENTING YOURSELF AND YOUR COMPANY HONESTLY TO YOUR EMAIL RECIPIENTS AND TO US. YOU ALSO AGREE TO MAINTAIN CURRENT INFORMATION ABOUT YOURSELF AND YOUR COMPANY, AND TO UPDATE THAT INFORMATION AS IT CHANGES.
Your use of the NamasteLight service grants no title or ownership. We are granting you temporary, non-exclusive access to NamasteLight services and third party services that will remain active as long as you (a) provide payment in a timely manner, and (b) continue to abide by the terms of this Agreement. NamasteLight owns or licenses all logos, graphics, software, algorithms, functionality, content (other than content owned by you or any third party), pages, features and processes that comprise the NamasteLight service. You agree not to copy, modify, re-package reverse-engineer, disassemble, modify or otherwise use NamasteLight or its components in ways not allowed by this Agreement, without prior written consent from us. You also agree not to remove any proprietary notices or messages from the NamasteLight service.
3. Permission Marketing
NamasteLight is a permission-based marketing and communications service. You understand and acknowledge that your use of the NamasteLight service carries a high standard of ethics and a strict set of rules in order for you and NamasteLight to be in compliance with the local, state, federal and international laws, industry guidelines and best practices pertaining to use of email marketing and communications. With that in mind, you agree to send emails through the NamasteLight system only to recipients who have requested to receive emails from you by providing you with an email address with the full understanding that you will send emails to the recipient at that address. NamasteLight is required to run a permission pass on any email list that has not been sent a mailing within the last three months or has not provided clear permission for the sending of email communications.
4. Membership Confirmation
You agree to use a "double opt-in" (sign up plus confirmation) subscriptions method for all new list members. For the purposes of the Agreement, a "double opt-in" method shall mean that when a new member subscribes to the list, that email address shall not be activated unless and until the new member receives a single confirmation email requesting member's consent to be added to the list and NamasteLight receives from the new member a confirmation action (such as a confirming e-mail from the new member's email address) approving such action. The confirmation email to new members may not include advertising or calls-to -action other than an appeal to confirm the member's subscription.
5. No Third Party Emails
You understand and acknowledge that the NamasteLight services may not be used in conjunction with email lists or addresses that have been purchased or rented from a third party, or which have been collected using a script or other harvesting methods, or that have been obtained without the email address owner's knowledge. Sending emails to any address or list obtained using one or more of these methods may result in the temporary or permanent closing of your NamasteLight account. We may also restrict access to your account, immediately and without notice, should we have reason to suspect that email addresses being added or imported into your NamasteLight account fail to meet the permission guidelines set forth in this Agreement. Should any mailing sent by you or through your account receive an unreasonable number of complaints by any of the blacklist, spam watchdog services or organizations (we reserve the right to determine what qualifies as unreasonable), or in any way threaten the delivery of other customer emails or the NamasteLight service, we reserve the right to suspend or cancel your account immediately.
6. Opt-In Evidence
You understand that we may, either on our own or on behalf of a requesting organization, request that you provide evidence as to the origin of how an email address or group of addresses was acquired by you. You agree to fulfill such requests to the best of your ability and in a timely manner, and you understand that any addresses for which you are unable to provide acceptable information for may be disallowed by us for use with your NamasteLight account.
7. Email Recipient Opt-Out
You understand and acknowledge that allowing recipients of your emails to have the option to stop receiving those emails is required by law and by NamasteLight. In order to ensure strict compliance, we require that you use the opt-out link and process provided with your email account and designed templates. You agree to in no way attempt to circumvent the NamasteLight opt-out option. Furthermore, you understand that some members may ask you directly to opt them out instead of using the opt-out link provided. In these cases, you agree to unsubscribe any such members manually, by changing the member's mailing status to "Unsubscribed" using the tools provided inside your NamasteLight account, and to make sure any such subscriber has been opted-out prior to sending your next mailing, within ten (10) business days from the opt-out request, as required by law.
8. Email Origin and Content
You also agree to ensure that email messages sent through your NamasteLight account truthfully and accurately identify the source of the message. In all emails, you agree to use subject lines that are not false or misleading as to the identity of the sending organization or to the content contained in the email.
9. Responsibility for Service Use and Content
You are responsible for all activity and everything that occurs in your account, including the email addresses that are added, imported and stored, as well as the content published, distributed or linked to your email campaigns. You agree to take full responsibility for all content distributed through your NamasteLight account, and to abide by all pertinent copyright laws. Should you violate any laws in the course of your use of the NamasteLight Service, we may suspend or cancel your account immediately and without warning.
10. Payment for Services
We require that you pay for your use of the NamasteLight service in a timely manner and by credit card on file. By providing your credit card and billing information, you are authorizing us to charge that card for services rendered and according to the pricing specified in your NamasteLight service. All credit card transactions are handled through a secure HTTPS connection with a trusted third-party credit card processor. NamasteLight reserves the right to suspend your account in the event you fail to pay the appropriate account fees on time, until such time as proper payment is received.
11. Monthly Fees
You are responsible for your selected monthly fees during the months that your NamasteLight account is active. Your initial monthly billing charge will take effect the month following after upgrading to a paid account. Should you terminate your service for any reason, the termination will take effect at the end of that month and you will be responsible for payment for any services rendered up through the termination date.
12. Changing or Modifying Monthly Plan
If your NamasteLight contact list size changes over time, your account will automatically switch to a higher or lower monthly plan. Please note that such changes will be reflected in your next billing invoice. Please contact NamasteLight at 888.353.1095, or email us at email@example.com should you have any questions.
13. Right to Inspect
For the purposes of providing service and support, and to ensure that the terms of this Agreement are being followed, we reserve the right to inspect and monitor your account and data at any time, without notice, and to limit access to your account at any time should we have reason to believe that you have already, or may at some point in the future, violate any terms set forth in this Agreement.
14. Right to Modify
These Terms may be supplemented, modified or amended (each a "Revision") by Namaste Interactive, LLC at any time, at our sole discretion, and each such revision will be effective 5 business days after it has been sent to Customer by NamasteLight or posted to the NamasteLight web site. If any revision is not acceptable to Customer, Customer reserves the right to terminate service at any time.
Unless otherwise agreed upon in writing, your use of NamasteLight requires no long-term contracts and may be terminated at the end of any monthly billing cycle. Any request to terminate will take effect at the end of that month, and you will be responsible for payment for any services rendered up through the end of the termination month. NamasteLight may terminate this Agreement if: a) payment for services rendered becomes at least 60 days overdue, or b) we determine that you are in breach of any of the terms set forth in this Agreement. NamasteLight will make reasonable efforts to work with you to keep your account active, however should we be forced to terminate your account, we will work with you to help retrieve email addresses and other appropriate data from your account within a reasonable period of time and prior to any final termination or deletion of your account data. We make no guarantees as to the availability of your data for more than 30 days following the date of termination by either party.
16. Warranties and Disclaimers
NamasteLight and its related services are provided "as is," and we expressly disclaim all warranties or conditions of any kind (express, implied or statutory), including without limitation the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose. We will not be liable for any lost profits or special, incidental or consequential damages arising out of or in connection with Namaste Interactive, LLC or this Agreement. In short, we cannot and do not guarantee that NamasteLight will work in any particular way, nor can we guarantee that it will provide you with any particular result. You agree not to hold us liable, financially or otherwise, should NamasteLight fail to perform these things that we cannot guarantee. In no event shall we be liable to you for any amount greater than the fees you have paid to us for your use of the NamasteLight service over the previous twelve (12) months. To reiterate: You, the Customer, agree to indemnify and hold harmless Namaste Interactive, LLC, its officers, employees, business partners and third party vendors from any claims arising from your use of NamasteLight or its related services.
17. Exportation of Services Exemption
Pursuant to Hawaii Revised Statutes sections 231-6, 237-29.5, 237-29.53, or 244D-4.3 the signors hereby certify that the name and address information provided are true and correct; and that we as the providers of these services will remit the tax due on the sale of the services, as imposed by Chapters 237 and 244D, HRS, to the department of taxation if: (1) the place of delivery for which and export exemption is claimed is not outside the state of Hawaii, and (2) the services will not be shipped to the purchaser at a place of delivery outside of the state. (Note that this statement is required for state tax exemption for our out of state clients).
The terms and conditions of this Agreement supersede any other agreements, negotiations, prior discussions and/or understandings between the Company and the Customer. You cannot transfer any of your rights or responsibilities under this Agreement.
This Agreement will be interpreted in accordance with the laws of the State of Hawaii. Should Namaste Interactive, LLC and you ever have to go to court over this Agreement or anything related to your use of the NamasteLight service, you agree to submit to the jurisdiction of the Federal and state courts in Maui County, Hawaii. Before going to court, all parties agree to attempt to sort out any problem through arbitration in Maui County, Hawaii, in accordance with the regulations of the American Arbitration Association. If any provision of this Agreement is held to be invalid, that provision will be enforced to the extent possible and all other provisions of this agreement will be given full effect. If we fail to act to enforce any of the provisions of this agreement, that inaction will not be a waiver of our right to act and will not affect our ability to act later.