Terms of Service

This document explains the terms and conditions of CommerceSend account.

1. Acceptance of Terms

To use our Service you must:

1.1 be at least eighteen years old.
1.2 provide accurate contact and billing information.
1.3 agree with these Terms and Anti-Spam Policy.

By signing up or by using the site, you accept these terms and conditions and warrant that you meet all the requirements listed in this document, and that you won’t use the Service in a way that violates any laws or regulations.

2. General Rule

2.1 You are not allowed to send spam. Please read our Anti-Spam Policy for more information; 2.2 Your email lists must be permission-based subscriptions; 2.3 Your use of our Service have to comply with all applicable laws and regulations;

If you violate any of these rules, we may suspend or terminate your account.

3. Communications

3.1 You acknowledge and agree that CommerceSend may occasionally send you communications regarding your account or the Service via email.

4. Accounts, Passwords, and Security

4.1 You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your username.

5. Appropriate Content

5.1 We allow sending only relevant content, which is requested by subscribers and corresponds to the CAN-SPAM Act. You can’t send pornography, affiliate marketing, pyramid schemes, MLM, “Get Rich Quick”, Forex, Escort services, gambling, weight loss material, mobile unlocking services or offer illegal goods and services.

5.2 You can send newsletters using CommerceSend only if the content is created by you or you have the right to use it.

6. Multiple Account Abuse

6.1 Creating multiple accounts with overlapping uses (similar email content, same links) or in order to evade the permanent suspension of a separate account is strictly forbidden.

6.2 Creating mutliple accounts from same domain, IP, single device, same user with different identities is strictly prohibited.

7. Limitation of Liability

7.1 In no event shall CommerceSend be liable or responsible in any way in relation to the contents and use of, or differently in connection with this website, or for any indirect, special, incidental or consequential damages (including but not limited to loss of use, loss of profits, revenue, income or anticipated savings, business losses, loss of reputation or goodwill, loss of contracts or business relationships, or loss and/or corruption of information or data) whether in an action in contract, equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or the materials therein or resulting from unauthorized access to or alteration of data. We won’t be held liable for any delays or failure in performance of any part of the Service if it is prevented or delayed in performing those obligations by an event of force majeure circumstances..

8. Unlimited Access & Fair Usage Policy

We have restrictions as per our fair usage policy as follows

8.1 100K contacts and after reviewing email reputation score we can allot additional 100K contacts. Beyond 200K contacts, we may charge additional charges.

8.2 Import 10000 Records at a time

8.3 Export 10000 Records at a time

8.4 Default 10 users. Charged extra for additional users.

8.5 Allow 50K broadcast mails at a time

8.6 Website, Email Open/Click tracking maintained for last 90 days only.

8.7 API – Rate limit per day 25K api calls, per hour 3K api

9. Account Cancellation

We cancel customer accounts on the following scenario

9.1 We temporarily suspend customers who haven’t used the product for the past 6 months & will enable back if access is requested after compliance review.

9.2 Website domain is blacklisted by ISPs or our Own list or Email sender past spam reputation.

9.3 We suspend customers sending spam emails. We monitor your email bounces, unsubscribes, spam complaints, open rates & suspend your account if you violate our terms.

9.4 Any other violation that violates general law, our spam, privacy policies or if the customer account disproportionately uses the server or cloud infra.

10. Termination of Service

10.1 The term of Service will continue for as long as you have a CommerceSend account or until you or we terminate it.

10.2 We reserve the right to terminate your account at any time with or without cause. You also have the option of canceling your account at any time without penalty. In the event of account cancellation you will lose all data related to Your account.

11. Refunds

11.1 Our service has initial trial and hence we want customers to test the service before actually making payment to avoid refund.

11.2 We do not provide refunds if your account is suspended because of violation of our Anti-Spam Policy or Terms of Use.

11.3 We do not refund if it turns out that you’re sending (or going to send) newsletters without having permission from your subscribers.

11.4 For customers who seek refund within 14 days of LTD purchase, we offer refund after adjusting the charges till the date of refund or for consumed additional email credits.

12. Conditions

12.1 We may modify or terminate our services at anytime, for any reason, and without notice. We reserve the right to modify these Terms of Use at any time without notice. Please review these Terms of Use on occasion as they may change in the future. We may, but have no obligation to, remove accounts and content containing what we determine as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We will remove content that violates any party’s intellectual property or these Terms of Use.

13. Intellectual Property

13.1 CommerceSend claims no intellectual property rights over the material you provide to the Service. You acknowledge that CommerceSend owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.

14. Privacy

14.1 At CommerceSend, protecting your privacy and the privacy of anyone receiving your email is very important. Please read our Privacy Policy to know more about how we process and protect personal data in accordance with good industry practice.

15. Changes

15.1 CommerceSend reserves the right to change these Terms of Use at any time. If we decide to change this document, we will post changes on this page. All changes are effective immediately upon posting and we suggest that you check these Terms of Use periodically.

16. Miscellaneous Provision

16.1 These Terms of Use will begin upon when you become our client and will continue unless terminated hereunder. For any queries please mail us at support [at] commercesend.com.

— End of Terms of Service —

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