This is an agreement between you and idealSMTP which governs your use of idealSMTP. So, accessing idealSMTP, you are agreeing to accept and bound with this agreement. Therefore, please review this agreement to your satisfaction. If you are not willing to accept each of the terms, conditions and notices of this agreement. Then, we will not grant you the permission to use idealSMTP and you will need to exit idealSMTP.
All contents included on idealSMTP, such as text, graphics, logos, button icons, images, etc. are the property of idealSMTP. And also, it is protected with copyright laws. The layout of all contents on idealSMTP are owned and copyrighted. The license being provided for use of any product or services are specifically governed by these terms and conditions. And also, the specific purchase order stroke invoice containing the commercial and legal terms between the parties.
In exchange for your adhering to the terms of this agreement, idealSMTP grants you a limited, non-transferable license to use idealSMTP and the services /products offered by idealSMTP.
Other than as expressly provided in the clause above, you cannot copy, display or distribute any contents obtained from idealSMTP. You cannot under any circumstances modify, perform, reproduce, publish, license, create, transfer or sell any contents or services obtained from idealSMTP. In addition, you may not “frame” or otherwise use the pages or other contents or services found on idealSMTP on any other website. This means permission to use idealSMTP or contents will be narrowly construed by the Court in favour of IdealSMTP.
So, If you infringe our intellectual property rights or exceed the scope of permitted use of this license. So, you agree that idealSMTP would irreparably injured. And also, may obtain a Court order to enjoy you from further mischief. Protection offered to idealSMTP with this agreement will survive termination of any license.
** Spammers are not welcomed in here. So, beware of your spamming details. Only double opt-in subscribers list are allowed for mailing. In order to prevent spam, authorized signatures mailing is forced to apply from our side. Try to make your mailing spam free for better results and feedback.**
1 . Strictly one report spam is allowed on 1000 media and if exceeded account will be suspended.
2 . Bounce rate must not exceed 5% and if it is not followed account suspension will the stop.
3. Users are required to follow the CAN-SPAM Act. For further details visit http://en.wikipedia.org/wiki/CAN-SPAM_Act_of_2003 .
4. Already unsubscribed media ids must not be in the list, otherwise account will be suspended.
5. All sort of adult sms content including lottery, money making offers etc. should not be included.
As a condition of your license to use idealSMTP, you warrant to us that you will not use idealSMTP in any way i.e. unlawful or prohibited by this agreement. If you violate this or any other term of this agreement, your license to use idealSMTP shall terminate immediately.
idealSMTP assume no responsibility for any consequence relating directly or indirectly to your use of idealSMTP. So, for any action or inaction that you take based on the services or other material provided by idealSMTP. You understand this and agree that you use idealSMTP at your own risk.
You understand and agree that while idealSMTP appreciates your comments and suggestions concerning the services we provide. But idealSMTP cannot acknowledge or return any submitted or suggested drawings, notes, text or other ideas that you send to idealSMTP. So, If you send idealSMTP any such material or suggestions they shall be deemed the property of idealSMTP and idealSMTP shall not owe you any compensation or otherwise be liable for any use that we make of the drawings, notes, text or other ideas.
idealSMTP being engaged in the business related to email marketing would not be responsible for any kind of consequences /losses/damages/claims whatsoever being sonsequential/incidental/ancilliary to the intended use of email marketing software products or services. Under the scheme of email marketing the role of idealSMTP is limited to providing software and services in relation to email marketing. Any information database etc. shall not be provided by idealSMTP. Further idealSMTP shall also not be responsible for any kind of incorrection inaccuracy errors omissions etc. in the database or information being transmitted by using the email marketing .Any information in relation to product or services being exchanged transmitted through the use of the products of idealSMTP shall be the sole responsibility of the party transiting such information and idealSMTP shall be kept indemnified by such buyer/party.
idealSMTP is also working under the reseller module under which we are appointing resellers for promoting marketing and selling the product. So, Under the reseller module the relation is that of principal to principal basis. And also, idealSMTP, shall bear no responsibility whatsoever for any commitments/ terms and conditions etc. being delivered over and above the terms and conditions of idealSMTP.
You agree to the following:
a. Definition of SPAM: We have adopted the definition of Spam set forth on the Spamhaus website at http://www.spamhaus.org/definition.html The first line of the Spamhaus definition reads:
The word “Spam” as applied to sms means Unsolicited Bulk sms (“UBE”).
It is a concern to us if you use idealSMTP to send any unsolicited email to anyone with whom you have no relationship. It is much more of a concern, and more likely to cause our system to blocked by various ISP’s, for you to send an unsolicited email to an entire list of people you don’t know.
You may use IdealSMTP only to send sms to individuals and entities that either:
Possibility 1 – Consent Obtained.
A. gave or give you written (including electronic) permission to send sms to them, without subsequently withdrawing such permission and either:
Possibility 2 – Sold or Negotiated to Sell Product or Service
If you send Emails to a list, and you get an unusual amount of SPAM complaints (more than 1 out of 1,000), ISPs will begin blocking future emails from your company. They will also request (that’s putting it mildly) that IdealSMTP shut down your account. So if you don’t have proof that each recipient on your list has opted-in to receive your sms, or otherwise meets the above requirements, don’t import them into IdealSMTP system.
You should only use IdealSMTP to send newsletters, updates, and promotions to people who specifically requested email from you, or otherwise meet the requirements of 11(b) above. Don’t have a permission list yet? Maybe your company’s too new and you have no customers. Feel free to set up a IdealSMTP account, run through the List Setup Wizard, and add a sign-up form to your website so that you can grow your list.
We do what we can to keep our system clean, but you agree to pitch in too. Here’s how:
CRM tools are great for maintaining relationships with prospects and leads, then converting them into paying customers. Or just nurturing your customer relationships. But CRM tools are built for one-to-one communication. Email marketing tools like IdealSMTP are built for one-to-many communication. They are not the same. Spam laws apply when you do one-to-many sms marketing.
Before importing any list into IdealSMTP from your CRM or any other database you maintain, understand our permission-lists-only rules. Remove any prospects or leads who did not explicitly request email marketing from you or otherwise meet the requirements of 11(b) above. Even if you’re sending email marketing to customers who have consented to receive your Email. Then, you are still required, under applicable law, to allow them to opt-out of your email marketing list (you may need to turn that feature ON in your CRM tool). The simple fact that a recipient is “in my CRM” is not the same as “they gave us permission to send them email marketing.”
Don’t use IdealSMTP to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:
Pornography or other sexually explicit Emails
Emails offering to sell illegal substances
Emails that violate the CAN-SPAM Law
Also, there are some industries that send certain types of content that result in higher than normal bounce rates and abuse complaints, which in turn jeopardize the deliverability of our entire system. No offence intended, but because we must ensure the highest delivery rates possible for all our customers, we do not allow businesses that
Illegal goods or services
· Escort and dating services
· Pharmaceutical products
· Work from home, Internet Lead-gen, Make money on online opportunities, etc.
· Online trading, day trading tips, or stock market related content
· Gambling services, products or gambling education
· Multi-level marketing
· Affiliate marketers
· Credit repair, get-out-of-debt content
· Mortgages and/or Loans
· Nutritional Supplements, Herbal Supplements or Vitamin Supplements
· Pornography or nudity in content
· Adult novelty items or references in content
· List brokers or List rental services
· Marketing or sending commercial email without proper permission
Generally speaking, if you’re in an industry that is frequently associated with spam, you know who you are (it’s probably why you’re reading this far, right?). We make no judgements about your line of business, but we cannot afford to risk our deliverability. In fact, most ESPs like IdealSMTP will not be able to help you. You will most likely need to look into setting up your own mail servers. The term to search on is “email delivery server.” There are many industrial strength MTAs to choose from with built-in delivery and reporting tools for high-volume senders.
If you do not meet these eligibility requirements, you may not use the IdealSMTP service:
Our servers store tons of data. Occasionally, we need to archive and/or delete some of it to make room for new data, so that we don’t have to keep raising prices in order to afford more and more servers. Here are our data archiving rules:
For pay-as-you-go accounts or free accounts, any list that you haven’t sent an email to in 12 months will be archived. Because emails change so often, it’s recommended you stay in contact with your lists more frequently than every year. Sending to a one-year-old, dormant list often results in too many hard bounces, which can jeopardize the deliverability of IdealSMTP for all our customers. If you want to keep your own copy of all of your data, including reports, lists, campaigns, and templates, then you can use our Export Feature, which allows you to export the information in your IdealSMTP account as a .csv file. Warning depending on the size of your account exports may take a while to complete.
You may not use our bandwidth for anything other than your IdealSMTP email marketing. In this regard, you agree to the following:
Any kind of unsolicited email advertising is not welcomed to our servers. If a client is found to be involved in sending unsolicited email advertising we reserve the right to suspend or terminate users account without notification and no refund will be given.
The Speed of the server or our system depend on campaigns size and if are using desktop based application then depend on ISP speed also. we commit our server or system seeped only when if the customer or user used the service with agreed these all consider terms.
As an email marketing service provider, we feel it’s our duty to be extra vigilant about preventing spam related abuses. It’s not just bad for the Internet community in general—if illegal and/or abusive spam gets sent from our system, we’d get blocked by all major ISPs, which would make our system useless for the thousands of users who depend on us.
RIGHT TO REVIEW EMAIL CAMPAIGNS
IdealSMTP has been delivering emails since 2001, and has established relationships with most major ISPs. They know us. We know them. We’re on feedback loops (FBL) and reporting systems with these ISPs and anti-spam organizations:
When a recipient clicks their “this is spam” button in their email program, a FBL report is sent to us. We analyze the data, trace it back to the sender that caused the complaint, remove the complainer from the sender’s list, and track future complaints about that campaign. If complaints exceed a reasonable threshold based on list size, we take appropriate action (which sometimes means permanently shutting down a IdealSMTP account) to keep our servers clean and off blacklists. To prevent this from happening to you, please read section 11(d)(e) and (f) above.
We take abuse reports seriously at IdealSMTP. If you’ve received spam that you think came from a IdealSMTP user, we want to hear about it. Please report the fact that you received spam from what appears to be a IdealSMTP user to us by using this reporting page.
Every campaign sent from IdealSMTP has an embedded Campaign Tracking ID (CID) in the email’s header that makes it easy for recipients to report suspected spam.
If the campaign you received does not contain a CID, it didn’t come from IdealSMTP. It was probably just spoofed to look like it came from IdealSMTP (something that inevitably happens to everyone online).
IDEALSMTP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. SO, ALL SUCH CONTENTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. IDEALSMTP HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENTS AND SERVICES INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR MERCHANTABILITY.
FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL IDEALSMTP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR WITH ANY DELAY OR INABILITY TO USE IDEALSMTP OR FOR ANY INFORMATION OR SERVICE OBTAINED THROUGH IDEALSMTP. OR OTHERWISE ARISING OUT OF THE USE OF IDEALSMTP WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY. OTHERWISE EVEN IF IDEALSMTP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES THE ABOVE DAMAGES MAY NOT APPLY TO YOU.
By accessing idealSMTP, you agree to hold harmless and indemnify idealSMTP. Its owners, affiliates and agents from any liability, loss, claim or expense that results from or are in any way incidental to your use of idealSMTP. Also, including but not limited to your violation of any terms or conditions of this agreement. Even, your infringement of any intellectual property or other right of any person or entity. By entering into these terms and conditions you here for agree to keep indemnified idealSMTP from any third party claims. whatsoever, further by using any product or service of idealSMTP any information data product etc. being delivered to any of the third parties shall be the sole responsibility of the party sending/transmitting such information across.
Due to lack of uncertainty and lack of uniformity of laws in different countries. You understand and agree that idealSMTP operated solely in India. Also, You are using the internet as your own agent to access and use idealSMTP from the local internet point of presence here in India. And also, you are using the Internet as your agent to take delivery of any contents or services in India. This means that all services, operations, deliveries, performance and contacts of your business with idealSMTP occur solely in India.
Because idealSMTP operates solely in India, Indian laws govern this agreement. Since idealSMTP makes no warranties and assume no liabilities and you agree in this agreement to hold idealSMTP harmless. You should have no reason to have a grievance with us. Should you nevertheless bring legal action against idealSMTP you irrevocably agree. So, it will be brought and maintained within one year after the claim arises in a court located at Jaipur in India or be barred. To discourage unwarranted litigation, you agree also that if you sue us and don’t win, you will pay our legal costs, including fees for hiring the services of the counsels.
If idealSMTP is required to enforce this agreement or our rights you agree also i.e. reasonable to send you legal notices and papers by electronic mail provided by you. idealSMTP’s failure to insist on strict enforcement of any provisions of this agreement shall not preclude us from enforcing it on future occasions. For refund, IdealSMTP reserve all rights. Decision making authorities will decide to refund money according to the query of the customer. If refunded, IdealSMTP will deduct the set-up and service charges. If refunded, refund money will transferred within 45 days.
IdealSMTP can modify this agreement at any time. And also such modifications shall be effective immediately after we post the modified agreement. For your convenience, the day this agreement was last modified will always posted at the top of this agreement. You agree to review this agreement to your satisfaction whenever the posted date indicates i.e.modified. Since you last reviewed it. By continuing to access idealSMTP after modifications to this agreement are posted. You are also agreeing to accept the agreement as modified.
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