Last Revised: March 18, 2025
1. INTRODUCTION
These Email Connect Terms and Conditions (the “Terms”) govern email and SMS marketing services (the “Services”) provided by The N2 Company d/b/a Hyport (“Hyport”), a Delaware corporation, to its clients. These Terms are incorporated into and form part of the Digital Marketing General Terms and Conditions (“General Terms of Service”). The Services are offered as a managed solution combining technology with services to facilitate direct and effective client communication using third-party platforms and technology providers (each a “Service Provider”). Capitalized terms not defined here have the meaning assigned in the General Terms of Services.
The terms “we”, “us” or “our” shall refer to Hyport. The terms “you”, “your”, or “client” shall refer to any individual or entity receiving the Services under these Terms.
2. ACCEPTANCE OF TERMS
By using the Services, Client agrees to comply with these Terms, as well as any applicable policies, guidelines, and regulations imposed by the relevant Service Provider. We reserve the right to modify these Terms at any time, with changes effective upon posting online. Continued use of the Services after such changes or modifications constitutes acceptance of the updated terms.
3. SCOPE OF SERVICES
For Order Forms listing Email Connect, Hyport will provide development, management, scheduling, and distribution of marketing communications. The Services also include tools for audience growth, campaign analytics, and compliance features to support permission-based marketing. While the Services facilitate engagement and promotional efforts, Hyport does not guarantee specific results, including interaction rates or sales outcomes. The Services do not include photo editing.
4. CLIENT OBLIGATIONS AND COMPLIANCE
4.1 Account Setup and Requirements for SMS Marketing
SMS marketing is only available for Clients with a valid 9-digit Tax ID Number (TIN), which includes a Social Security Number (SSN) for sole proprietors, or an Employer ID Number (EIN) for businesses assigned by the IRS. To enable SMS marketing, Hyport will request and securely store your TIN with its designated Service Provider in compliance with applicable data security and privacy standards.
4.2 Legal Compliance
Client shall use the Services in compliance with all applicable laws and regulations, including but not limited to:
4.3 Service Provider Requirements
Your use of Services is subject to compliance with Third Party Terms, including those available at https://www.constantcontact.com/legal/terms, https://www.constantcontact.com/legal/acceptable-use-policy, https://www.constantcontact.com/legal/text-messaging-terms. Non-compliance with applicable Third-Party Terms may result in termination of Services.
4.4 Consent and Opt-In Requirements
For email marketing, Client must ensure that all recipients have given permission, whether express or implied, to email them. For SMS marketing, Client must comply with TCPA and other applicable laws requiring express written consent prior to sending messages. Client must provide evidence of consent upon request.
4.5 Opt-Out and Unsubscribe Obligations
All email communications must include a clear and conspicuous opt-out mechanism. SMS messages must allow recipients to opt out by responding with “STOP” or other legally recognized keywords. Client must process opt-out requests promptly and ensure compliance with applicable laws.
5. PROHIBITED USE AND CONTENT
Client shall not use the Services to send messages that contain, promote, or facilitate:
6. WARRANTY; LIMITATIONS OF LIABILITY; INDEMNITY; DISPUTE RESOLUTION
You expressly agree and acknowledge that your use of the Services is subject to the entirety of our General Terms of Service, and specifically those sections governing Hyport’s Limitation of Liability, your Indemnification obligations arising from or relating to your use of the Services, and the parties’ agreed-upon procedure for Dispute Resolution, including arbitration.
