This document explains the terms and conditions of CommerceSend account.
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.
2.1 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.
3.1 You acknowledge and agree that CommerceSend may occasionally send you communications regarding your account or the Service via email.
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.
5.1 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.
6.1 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.
7.1 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..
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
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.
10.1 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.
11.1 Our service has initial trial and hence we want customers to test the service before actually making payment to avoid refund.
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.
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.
— End of Terms of Service —