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Email Marketing Terms and Policies

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Email Marketing (Bulk Mail) Terms & Conditions

This webpage at https://kakinfotech.com/services/digital-marketing-services/email-marketing/   (the “Site”) is fully owned and operated by Kak Infotech. (“Kakinfotech “). Your easy access to this Site and your use of the online information and online services provided herein is conditional upon your pre-acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document, terms and conditions page  and elsewhere on the Site (known collectively as the “KakInfotech Terms of Service”).

KakInfotech operates and provides email services to users who register with us to send email data from the kakinfotech system (collectively, the “Email Services”).  By using the Service(s), you agree to accept these terms as a pre-condition and be bound by the KakInfotech Terms of Service(s).

KakInfotech reserves the right to amend the KakInfotech Terms of Email Service(s) at any time with or without prior notice. We suggest that since you accepted as a pre-condition and are bound by the KakInfotech Terms of Service(s), you should periodically refer to them in this document and elsewhere on the Site. If you do not agree with the KakInfotech Terms of Service(s), do not use this Site. If at any time you have any questions or doubts as to whether your use may contravene the KakInfotech Terms of Service(s), please contact KakInfotech at sales@kakinfotech.com before engaging in such activities.

Registration

If you decide to sign-up for the Service(s), you will be registering KakInfotech on the sign up page provided and such registration may require you to provide personally identifiable information such as your name and email address, phone, address and others. You agree and confirm to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form. If KakInfotech has reasonable grounds to suspect that such information is untrue or false, inaccurate or incomplete, KakInfotech has the right to suspend or terminate your account and refuse any and all current or future use of the Service(s) (or any portion thereof). KakInfotech’s use of any personally identifiable information you provide to KakInfotech as part of the registration process is governed by the terms of KakINfotech’s KakInfotech Service(s) Privacy Policy.

Restrictions on Use

You shall use the KakInfotech Email Marketing Service(s) and web site for lawful purposes only. You shall not:

  • Modify, copy, distribute, transmit, post, display, perform, reproduce, publish, broadcast, license, create derivative works from, transfer, sell, or exploit any reports, data, information, content, software, products, services, or other materials on, generated by or obtained from the Site (collectively, the “Materials”);
  • Redeliver any page, text, image, video or Materials on the Site using “framing,” hyperlinks, or other technology;
  • Engage in any conduct that could damage, disable, or overburden (i) the Site, (ii) any Materials or services provided through this KakInfotech Site(s), or (iii) any systems, networks, servers, or accounts related to the Site(s), including without limitation, using devices or software that provide repeated automated access to the Site(s).
  • Probe, scan, or test the vulnerability of any Materials, services, systems, networks, servers, or accounts related to the Site(s) or attempt to gain unauthorized access to Materials, services, systems, networks, servers, or accounts connected or associated with the Site(s) through hacking, password, or data mining, or any other means of circumventing any access-limiting, user authentication, or security device of any Materials, services, systems, networks, servers, or accounts related to the Site(s).

Misuse of this site will result in prosecution or termination to the maximum extent permitted under state, Federal and international law. KakInfotech reserves the right to refuse service to users, and any conduct by you that in KakInfotech’s discretion restricts or inhibits any other user from using or enjoying the web site(s) and/or service(s) will not be permitted.

Termination

You agree that KakInfotech in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service(s), and remove and discard any content within the Service, for any reason or no reason, including, without limitation, for SPAM as described here by FTC.

 or if KakInfotech believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. KakInfotech may also in its sole discretion, for any reason or no reason and at any time discontinue providing the Service(s), or any part thereof, with or without prior notice. You agree that any termination of your access to the Service(s) under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that KakInfotech may immediately deactivate or delete your account and all related information in your account and/or bar any further access to the Service(s). Further, you agree that KakInfotech shall not be liable to you or any third-party for any termination of your access to the Service(s).

Intellectual Property

This Site is controlled and operated by Kak Infotech Pvt. Ltd., 901, Sahyog Building 58, Nehru Place, New Delhi-110019 at hyperlink www.kakinfotech.com . All materials on the KakInfotech Site(s) including, but not limited to, images, text, illustrations, audio, video files and the selection, coordination and arrangement of such materials (collectively “Intellectual Property”), are protected by copyrights, trademarks, service marks, or other proprietary rights which are either owned by KakInfotech or owned by other parties who have licensed their intellectual property to KakInfotech. KakInfotech, and all other derivations of the “KakInfotech” mark appearing on this web site are trademarks and/or service marks of KakInfotech, and all other trademarks, service marks, and trade names used on the site are the property of their respective owners. Except as expressly authorized herein, material from this Site(s) and from any other web site owned, operated, controlled, or licensed by KakInfotech may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Use or modification of KakInfotech’s intellectual property in any form, including but not limited to use on any other web site or networked computer environment, without express written authorization is a violation of KakInfotech’s copyrights and other proprietary rights and is strictly prohibited under any circumstances.

Linking Sites

LINKS IN THIS WEB SITE MAY LET THE USER LEAVE KAKINFOTECH.COM’S. THE LINKED SITES ARE NOT UNDER THE CONTROL OF KAKINFOTECH.COM, AND KAKINFOTECH.COM IS NOT RESPONSIBLE FOR THE CONTENT AVAILABLE ON ANY OTHER INTERNET SITE(S) LINKED TO THE WEB SITE(S). KAKINFOTECH.COM IS PROVIDING THESE LINKS TO OTHER INTERNET SITE(S) AS A CONVENIENCE TO USERS, AND ACCESS TO ANY OTHER INTERNET SITE(S) LINKED TO THIS WEB SITE(S) IS AT THE USER’S OWN RISK. THE INCLUSION OF ANY LINK DOES NOT IMPLY A RECOMMENDATION OR ENDORSEMENT BY KAKINFOTECH.COM OF THE LINKED SITE(S).

Limitation of Liability and Disclaimer of Warranties

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SERVICE(S). KAKINFOTECH.COM, ITS CLIENTS, PROVIDERS, AND AUTHORIZED AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS, DAMAGE OR COST (INCLUDING, BUT NOT LIMITED TO, CONSEQUENTIAL AND PUNITIVE DAMAGE(S)) WHICH YOU INCUR DUE TO YOUR USE(S), OR INABILITY TO USE, THE SERVICE. IF YOU LIVE IN A STATE THE LAWS OF WHICH PREVENT YOU FROM TAKING FULL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE(S), KAKINFOTECH.COM ‘S LIABILITY IS LIMITED TO THE GREATEST EXTENT ALLOWED BY LAW. IN NO EVENT SHALL KAKINFOTECH.COM ‘S LIABILITY EXCEED THE AMOUNT OF DIRECT DAMAGE(S) TO THE PROPERTY OR PERSON CAUSED BY OUR NEGLIGENCE. KAKINFOTECH.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, AND IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE(S)), REPRESENTATIONS, OR ENDORSEMENTS REGARDING THE SERVICE(S) OR ANY THIRD PARTY MATERIAL ADVERTISED, PROMOTED, OR MADE AVAILABLE THROUGH THE SERVICE(S).

FURTHERMORE, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS – WE DO NOT WARRANT THAT THE SERVICE(S) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. KAKINFOTECH.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS, GOODS, OR SERVICES ADVERTISED EITHER BY KAKINFOTECH.COM ‘S PARTNERS OR PROMOTED IN CONJUNCTION WITH KAKINFOTECH.COM ‘S PROGRAMS. YOU AGREE THAT NEITHER KAKINFOTECH.COM, NOR ITS AFFILIATED OR RELATED ENTITIE(S), OR ITS CONTENT PROVIDERS, ARE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED ON THIS SITE.

Indemnification

You agree to indemnify KAKINFOTECH.COM and its officer(s), director(s), employee(s), agent(s), distributor(s) and affiliate(s) from and against any and all third party claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of any of the provisions of the KAKINFOTECH.COM Terms of Service(s).

Jurisdiction

This site is controlled and/or operated by KakInfotech from its offices within the State of New Delhi, India. KAKINFOTECH.COM makes no representation that materials in this site are appropriate or available for use in other locations outside the India. Unless otherwise expressly stated, advertising and related materials made available through this site, or through any site displaying the authorized KAKINFOTECH.COM logo, or otherwise linked to this site are intended only for presentation within the India, its territories and protectorates. Those who choose to access this site from other locations do so on their own initiative and without warranty or recourse except as provided for by Indian law and subject to New Delhi jurisdiction.

Choice of Law

This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of New Delhi, without regard to its conflicts of law principles. Any action brought to enforce this Agreement or, in connection with, any matters related to this Site, shall be brought only in either the state or Federal courts located in New Delhi, and you expressly consent to the jurisdiction and venue of said courts. This Agreement shall not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is hereby excluded. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. You also acknowledge and agree that KAKINFOTECH.COM will fully cooperate with any law enforcement authorities or court order requesting or directing KAKINFOTECH.COM to disclose information or materials in our possession.

Assignment and Succession

You may not grant, devise, or otherwise assign any rights or benefits under this Agreement to any other party. Notwithstanding any other provision of this Agreement, KAKINFOTECH.COM, its successors and assigns may fully enforce any term or provision of this Agreement, and all rights and benefits shall inure to such successors and assigns, with or without prior notice.

Subscription Plan Billing Terms

Standard KAKINFOTECH service plans are based upon a term (i.e. monthly, quarterly, annually OR One Time) subscription service(s) that will automatically renew and charge the credit card of record for your account. The day of the month your service(s) is activated will be the start date of each term. Billing occurs at the beginning of each term.

Each service plan is billed according to a defined limit on the number of emails that can be sent in any given month, known as the relay “quota” for that plan. Any unused email relays from the prior month will not carryover and will be lost. Every plan has a default setting to enable “overage” which is defined as the ability to continue sending emails even after you have reached the maximum quota limit for your plan at a price of 1.25x the pro-rated price per each email in your plan and may or may not be set for the limit of the credit used. If you desire to have overage disabled, simply contact support.

You can upgrade, or cancel your service plan at anytime during the month by contacting our support department at support@kakinfotech.com and any communication or support is offered only by Support Helpdesk System only.

Complete Integration

This document, including the documents referenced by and incorporated into this document, form the complete agreement between you and KAKINFOTECH.COM with respect to the Service(s). Any other statements, trade practices, or conduct engaged in by either party shall not alter or modify this Agreement; the words contained in this document control the entire meaning of this agreement. Any decision not to enforce a particular provision of this agreement does not waive the right to enforce it at any other time and KAKINFOTECH.COM will not waive the right to enforce any provision of this agreement except in writing.

Acceptable Usage Policy

For information on the bulk-type mail campaigns, please, also visit our Content Guide

Electronic Mail (E-Mail)

Due to the excessive resource usage, administrative overhead, and complaints generated from unsolicited e-mail, sending unsolicited e-mail messages, unsolicited bulk e-mail or any e-mail classified as “SPAM” is strictly and explicitly prohibited. Any volume of unsolicited e-mail is prohibited. Here is a brief, but not necessarily comprehensive, guide to sending e-mail that does not violate our anti-SPAM policy:

All your recipient-lists must be opt-in:

  1. You must be able to directly verify when and where each contact subscribed.
  2. A PURCHASED LIST IS NEVER CONSIDERED “OPT-IN” AND THEREFORE IS NEVER ALLOWED ON OUR SYSTEM.
  3. You must ensure that all people you send to are fully “opt-in”, have consented to receive e-mails from you and are therefore specifically acknowledged that you may be sending them e-mail.

Usage of harvested e-mail addresses is expressly prohibited. You should not use anything (software or companies) that automatically generate e-mail lists by harvesting e-mail addresses from the Internet, web sites, forums, or e-mail correspondence.

Keep your data clean and current. Do not use old data or mailing lists; this can result in spam complaints from recipients may have forgotten who you are or are no longer expecting to receive e-mails from you.

You must ensure your e-mail “from”, “return to” or “reply to” (sender) address or addresses are valid:

  1. You MUST be able to receive e-mail to that address.
  2. E-mail addresses that do not accept mail, bounce or are “noreply” do not qualify.
  3. The e-mail server you use for your incoming mail must accept “mailer daemon” (delivery status) messages so we can notify you of any delivery problems.

You must ensure your e-mail “to” (recipient) addresses are valid. Accounts that send a large number of e-mails to invalid e-mail addresses use excessive resources and increase the risk of our servers being blocked or blacklisted.

E-mail message headers and envelopes must not be missing, malformed or forged and message subject lines must not contain false or misleading information.

If sending to a mailing or distribution list, or the same message to a large number of recipients, you must include a working unsubscribe link. A telephone number or postal-based unsubscribe method is not sufficient. Any removal requests should be processed within 7 days and should be processed prior to sending out another mailing to minimize the risk of complaints.

If you do receive any spam complaints, the recipient should immediately be removed from your mailing list. If you believe the complaint was an error, you may wish to contact them one further time or by another method (telephone, post etc.) to confirm if it was a mistake and if they wish to be re-subscribed to your list. The safest approach is to remove all addresses requesting removal.

Posting the same or similar message to one or more newsgroups (this includes cross-posting, multiple-posting, splog, blog spam or forum spam) is explicitly prohibited.

Make sure your e-mails are compliant with the CAN-SPAM Act. For example, one of the specific provisions is that you should include your valid physical address in any commercial e-mailing you send.

Complaints related to SPAM are seen in direct violation of these terms and conditions and may lead to the immediate suspension of your service and possible closure of your account. Violation of the terms and condition disqualifies your account from any refund. We understand that anyone who sends a large number of e-mails will possibly receive a small number of spam complaints (typically in error) – we consider a “normal” ratio for a genuine opt-in mailing to be around 1 complaint per 4000-5000+ e-mails sent. We also look at various factors including the number, ratio and type of complaints but certainly any ratio higher than that would be considered high and could risk your account being suspended. The “billing” e-mail address for your account is the primary means we will contact you about your account (error reports, spam complaints, renewal notices etc.). This must be kept up-to-date and can be viewed or changed by logging into your online Account page.

Illegal Use

Our network and systems may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat or violates export control laws.

System Usage and Network Security

Violation of system or network security is prohibited and may result in criminal and civil liability. We will investigate incidents involving such violations and may involve and will co-operate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include (but are not limited to):

  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system and/or network or to breach security or authentication measures without express authorization of the owner of the system or that network.
  • Interference with service to any user, host or network including, but not limited to:
    1. Mail-bombing
    2. Packet flooding
    3. Deliberate attempts to overload a system
    4. Broadcast attacks
    5. Sending or distributing viruses / infected files
  • Forging or spoofing of any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.
  • Unauthorized monitoring of data and/or traffic on any network or system without the express authorization of the owner of the system or network.

Miscellaneous

Indirect or attempted violations of the policy, and actual and or attempted violations by a 3rd party on behalf of one of our customers or a customer”s end user, shall be considered violations of the policy by such customer or end user. To encourage responsible usage of the Internet, we will act against you if you abuse our system and the Internet in general. This action will usually take the form of a temporary suspension of your access until the matter can be resolved. If appropriate, we may terminate your account immediately and your account will not qualify for a refund.

FAQ(Frequently Asked Questions)

KakInfotech offers FAQ on every service page at the bottom of the services explained about the clear understanding of the terms normal questions asked related to the service. For more details, Please check on the FAQ section for more details about specific plans and limitations. Standard limitations are 2500 emails per hour or a maximum of 10000 emails a day. It may differs from plan to plan but standard limitations are applicable globally on all plans.

No Guarantee

KakInfotech offers no guarantee for Inbox Delivery nor we commit any ROI on the plan opted. Although a number of helpful tips and guides are provided to reach better delivery of emails into INBOXes as per experience. This guide is always updated and we publish blog related to the same.

Refund

No refund is applicable as amount paid to the project is non-refundable and it is available for month-month commitment. If you have opted for more than 1 month under some discounts or offers, still refund is not applicable.