17 November 2011
This agreement is last modified on _17 November 2011_
This is an agreement between you and SARVMail.com which governs your use of SARVMail.com. By accessing SARVMail.com, you are agreeing to accept and be bound by 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 we will not grant you the permission to use SARVMmail.com and you will need to exit SARVMail.com.
All contents included on SARVMail.com, such as text, graphics, logos, button icons, images, etc. are the property of SARVMail.com and is protected by copyright laws. The layout of all contents on SARVMail.com are owned and copyrighted under _______________________.The license being provided for use of any product or services are specifically governed by these terms and conditions and the specific purchase order stroke invoice containing the commercial and legal terms between the parties.
What you can do?
In exchange for your adhering to the terms of this agreement, SARVMail.com grants you a limited, non-transferable license to use SARVMail.com and the services /products offered by SARVMail.com.
What you cannot do?
Other than as expressly provided in the clause above, you cannot copy, display or distribute any contents obtained from SARVMail.com. You cannot under any circumstances modify, perform, reproduce, publish, license, create, transfer or sell any contents or services obtained from SARVMail.com. In addition, you may not “frame” or otherwise use the pages or other contents or services found on SARVMail.com on any other website. This means permission to use SARVMail.com or contents will be narrowly construed by the Court in favour of SARVMail.com. If you infringe our intellectual property rights or exceed the scope of permitted use of this license, you agree that SARVMail.com would be irreparably injured and may obtain a Court order to enjoin you from further mischief. Protection offered to SARVMail.com by this agreement will survive termination of any license.
No Unlawful or Prohibited Conduct
As a condition of your license to use SARVMail.com, you warrant to us that you will not use SARVMail.com in any way that is unlawful or prohibited by this agreement. If you violate this or any other term of this agreement, your license to use Sarvmail.com shall terminate immediately.
You use SARVMail.com at your own risk
Sarvmail.com assume no responsibility for any consequence relating directly or indirectly to your use of SARVMail.com or for any action or inaction that you take based on the services or other material provided by SARVMail.com. You understand this and agree that you use SARVMail.com at your own risk.
User Suggestions and Submissions
You understand and agree that while SARVMail.com appreciates your comments and suggestions concerning the services we provide, but SARVMail.com cannot acknowledge or return any submitted or suggested drawings, notes, text or other ideas that you send to SARVMail.com. If you send SARVMail.com any such material or suggestions they shall be deemed the property of SARVMail.com and SARVMail.com shall not owe you any compensation or otherwise be liable for any use that we make of the drawings, notes, text or other ideas.
SARVMail.com 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 SARVMail is limited to providing software and services in relation to email marketing. Any information database etc. shall not be provided by SARVMail.com. Further SARVMail.com 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 SARVMail.com shall be the sole responsibility of the party transitting such information and SARVMail.com shall be kept indemnified by such buyer/party.
SARVMail.com is also working under the reseller module under which we are appointing resellers for promoting marketing and selling the product. Under the reseller module the relation is that of principal to principal basis and SARVMail.com, shall bear no responsibility whatsoever for any commitments/ terms and conditions etc. being delivered over and above the terms and conditions of SARVMail.com.
Anti-Spam and Abuse Related Rules : 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 Email means Unsolicited Bulk Email ("UBE").
It is a concern to us if you use SARVMail 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 be blocked by various ISP's, for you to send an unsolicited email to an entire list of people you don't know.
b. Permission Lists Only: You may use SARVMail only to send Emails to individuals and entities that either:
o Possibility 1 - Consent Obtained
A. gave or give you written (including electronic) permission to send Emails to them, without subsequently withdrawing such permission and either:
i. Consent Given Recently gave you the permission within the prior 12 months; or
ii. Consent Given More Than One Year Earlier you sent them a promotional email, which was not objected to, within the prior 12 months; or
o Possibility 2 - Sold or Negotiated to Sell Product or Service
§ B. gave or give you their name and email address in connection with their purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your emails and either:
i. Recent Sale or Negotiation such sale or negotiations occurred within the previous 12 months; or
ii. Sale or Negotiation Occurred More than One Year Earlier you sent them a promotional email, which was not objected to, within the prior 12 months.
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 SARVMail shut down your account. So if you don't have proof that each recipient on your list has opted-in to receive your emails, or otherwise meets the above requirements, don't import them into SARVMail.
c. Requirements: You agree that you will use:
· No purchased lists (no matter how expensive).
· No rented lists (even if they "opted in").
· No 3rd party lists whatsoever.
· No outside unsubscribe processes.
You should only use SARVMail 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 SARVMail account, run through the List Setup Wizard, and add a signup form to your website so that you can grow your list.
d. We're In This Thing Together: We do what we can to keep our system clean, but you agree to pitch in too. Here's how:
· Sending your first campaign to an old list? Many recipients won't remember you, and will report you for spamming. Do everything in your power to remind them of who you are, and how they got on your list.
· Clean your customer list before you import. Take out any addresses older than 6 months. Bad addresses lead to bouncebacks. Too many bouncebacks, and ISPs block SARVMail (and you). We'll shut your account down if you import an old list that gets too many bounces(More then 5%).
· Don't just import your entire Outlook Address Book. Export them into a spreadsheet, then take some time to clean out bad addresses (like Sales@Amazon, or Support@Comcast). If you import even one address by mistake, that person can get you blacklisted and shut down .
· Importing from a CRM? Break it into separate segments or interest groups so you can send relevant content to your customers ("We met at a tradeshow, You bought xyz from us in the past, You are a client of..." etc). Don't just mix a bunch of different lists together and send one "blast" to all of them.
· Sending on behalf of a client? Educate your client about responsible email marketing. They're depending on you to be the expert. Here are some email marketing resources for you.
e. CRM, Salesforce, and API Imported Lists
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 SARVMail are built for one-to-many communication. They are not the same. Spam laws apply when you do one-to-many email marketing.
Before importing any list into SARVMail 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, 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."
f. Prohibited Content and Industries
Don't use SARVMail 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 offense intended, but because we must ensure the highest delivery rates possible for all our customers, we do not allow businesses that offer these types of services, products, or content:
· 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 judgments about your line of business, but we cannot afford to risk our deliverability. In fact, most ESPs like SARVMail 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.
g. Who Can Use SARVMail
If you do not meet these eligibility requirements, you may not use the SARVMail service:
0. You must be at least 18 years of age, and be able to form legally binding contracts under applicable law.
1. You must complete the registration process and agree to the terms of this Agreement. All contact information you submit must be true, complete, and up to date.
2. SARVMail does reserve the right to refuse service or to terminate accounts for any user, and to change eligibility requirements at any time, in its sole discretion.
h. Data Archival
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:
0. Subscriber Activity (formerly A.I.M. Reports) and Geomap Data - Your campaign reports include a geomap that shows you where people are opening from. It's a nice report. It's also really heavy. Also really heavy is the Subscriber Activity generated for each campaign. Because of their dense nature we only provide granular reports, including Subscriber Activity and Geomap Data, for your last 20 campaigns or if you send over 20 campaigns in a two month period then from the last 60 days. You will have access to the Subscriber Activity in aggregate form for your last 2000 campaigns.
1. Old, pay-as-you-go lists - 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 SARVMail 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 SARVMail account as a .csv file. Warning depending on the size of your account exports may take a while to complete.
i. Bandwidth Abuse: Image hosting, API, Tracking
You may not use our bandwidth for anything other than your SARVMail email marketing. In this regard, you agree to the following:
· Unlike some other email marketing services, we provide image hosting for your email campaigns totally free. This doesn't mean you can host images on our servers for other uses, like your website. If we detect that you're using our hosting services for anything other than your email campaigns, we have the right to delete the image. Depending on your intent, we may even replace the image with something you don't want to see.
· Not to build a campaign in SARVMail, then send it using some other delivery tool. Yeah, we can see when that happens. If you do that we may, and reserve the right to, shut your account down, replace all images in your campaign, and redirect all hyperlinks to point somewhere else. You may not like the replacement images.
· If you integrate with SARVMail using our API, you must use efficient programming, which will not cause too many requests to be made in too short a period. We reserve the right to throttle your API connections, or suspend or terminate your SARVMail account.
j. Fees, Refunds, Account Suspensions, Etc.
0. SARVMail reserves the right to change our fees at any time by posting a new fee structure to our Website and/or sending you a notification of the change by email.
1. If a user violates any of the terms of this Agreement, we reserve the right to cancel accounts, or bar access to accounts, without refund.
2. If, for some reason, we are unable to process your credit card order, we will attempt to contact you by email and we will suspend usage of your account until your payment can be processed.
3. You agree to pay for all emails you send from your account, even if messages are blocked by any third party (we have no control over your recipients' email servers, ISP availability, personal spam filter settings, etc)
4. For pay-as-you-go (prepaid) accounts, your email credits "roll over" and do not expire. However, if you do not log in to your account at least once for 12 months, your account (including all campaigns, lists, and other data) may be deleted permanently from our system.
k. Avoiding Spam Related Problems
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.
It's in our best interest to keep our system clean, because our reputation and deliverability depends on it. So here's what we do:
o Right to Review Email Campaigns
o Feedback Loops w/ISPs
SARVMail 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:
· United Online (Juno/NetZero, etc.)
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 SARVMail 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.
o Reporting Abuse
We take abuse reports seriously at SARVMail. If you've received spam that you think came from a SARVMail user, we want to hear about it. Please report the fact that you received spam from what appears to be a SARVMail user to us by using this reporting page.
o Report Bad Senders
Every campaign sent from SARVMail 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 SARVMail. It was probably just spoofed to look like it came from SARVMail (something that inevitably happens to everyone online).
SARVMAIL.COM MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH CONTENTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SARVMAIL.COM 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 SARVMAIL.COM 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 SARVMAIL.COM OR FOR ANY INFORMATION OR SERVICE OBTAINED THROUGH SARVMAIL.COM OR OTHERWISE ARISING OUT OF THE USE OF SARVMAIL.COM WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF SARVMAIL.COM 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.
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Indemnification and Hold Harmless
By accessing SARVMail.com, you agree to hold harmless and indemnify SARVMail.com, 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 SARVMail.com, including but not limited to your violation of any terms or conditions of this agreement or your infringement of any intellectual property or other right of any person or entity. By entering into these terms and conditions you here by agree to keep indemnified SARVMail.com from any third party claims whatsoever , further by using any product or service of SARVMail.com 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.
Sarvmail.com operates solely in India
Due to lack of uncertainty and lack of uniformity of laws in different countries, you understand and agree that SARVMail.com operated solely in India. You are using the internet as your own agent to access and use SARVMail.com from the local internet point of presence here in India and 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 SARVMail.com occur solely in India.
Because SARVMail.com operates solely in India, Indian laws govern this agreement. Since SARVMail.com makes no warranties and assume no liabilities and you agree in this agreement to hold SARVMail.com harmless you should have no reason to have a grievance with us. Should you nevertheless bring legal action against SARVMail.com you irrevocably agree that 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 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 Sarvmail.com is required to enforce this agreement or our rights you agree that it is reasonable to send you legal notices and papers by electronic mail provided by you. SARVMail.com’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, SARV Webs reserve all rights. Decision making authorities will decide to refund money according to the query of the customer. If refunded, SARV Webs will deduct the setup and service charges. If refunded, refund money will be transferred within 45 days.
Changes to this Agreement
SARVMail.com can modify this agreement at any time, and such modifications shall be effective immediately after we post the modified agreement. For your convenience, the day this agreement was last modified will always be posted at the top of this agreement. You agree to review this agreement to your satisfaction whenever the posted date indicates that it has been modified since you last reviewed it. By continuing to access SARVMail.com after modifications to this agreement are posted, you are agreeing to accept the agreement as modified.
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