Service Level Agreement

dmonks studio provides an industry leading product, and is pleased to support it with this Service Level Agreement (SLA). This SLA is incorporated into Client’s Agreement with us, and made a part of it. Terms not defined in this SLA have the definitions set out in our Agreement. The remedies set out in this SLA are Client’s sole and exclusive remedy for issues covered by the SLA. While dmonks studio will not modify this SLA arbitrarily, may do so from time-to-time. Should we make a change to this SLA we will send an email notification to the email address Client has provided to us in his settings. The notification will set out how the SLA will be changed and the effective date of any such changes. It is important that you review the SLA completely.

Service Standard

• Our goal is to ensure that the Service is available to Clients twenty four hours a day, seven days per week, three hundred sixty five days per year (Service Availability).
• Our SLA has a 99% uptime guarantee. Our goal is respond to Severity Level 1 notifications presented by Clients. We have a 30 minute first reaction time on emergencies (Error Response). Our Error Response goal is a time to acknowledge only, not a time to resolve. Credits will not be given should we fail to meet our Error Response goal.
• We realize that our Service Availability and Error Response goals may not be met.

Other Dependencies

We are Not Liable and are not bound to meet our Service Availability goal as a result of

• Scheduled outages, emergency maintenance or Force Majeure Events.
• If the failure to meet either the Service Availability goal is based on a non-standard environment, Client machine access, Client authored code or changes to the Service by parties other than MailMonks.

Terms of Service

By registering for an account at MailMonks.in with your email address you are agreeing to the Terms of Service and all other clauses listed here forth. If you do not wish to accept these terms you can simply deactivate your account and not continue using it.

The Effective Date of this Services Agreement is the date at which you sign up for an account through our online form.

RECITALS

WHEREAS, MailMonks operates hardware and software for hosting HTML Mailers, and has substantial knowledge, experience and expertise in management and maintenance of HTML Mailers.

WHEREAS, Client desires to engage MailMonks, and MailMonks desires to be engaged by Client to provide such services subject to the terms and conditions set forth below

WHEREAS, the parties acknowledge that the Internet is neither owned nor controlled by any one entity; therefore, MailMonks can make no guarantee that any given reader shall be able to access MailMonks’s server at any given time.

MailMonks represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible.

NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained herein, Client and MailMonks agree as follows:

TERMINATION

MailMonks shall have the right to terminate this Terms of Service with an immediate effect in writing to the Client if any of the following events occur.

• Client fails to make any payment when it becomes due,
• Client is in breach of any of its obligations under this Agreement,
• A liquidator is appointed over the Client or any of its assets,
• Client enters or proposes to enter into any arrangements with its creditors, including voluntary arrangements
• Client passes a resolution for winding up (other than for the purpose of reconstruction), or a court makes an order to that effect.

This contract may be terminated by either party, without cause, at any time, by giving the other party 14 days written notice. MailMonks will accept termination by electronic mail. Any rights to terminate this Agreement shall be without prejudice to any other accrued rights.

FINANCIAL ARRANGEMENTS

Client shall pay by valid payment method for HTML Mailing Services provided by MailMonks at the time of signing up at the fee set forth on the Host’s website/Mobile App.

If Client does not pay the fees by the Due Date, MailMonks may suspend Client’s ability to use the Services, and may terminate this Services Agreement.

• Client agrees that all charges and fees associated with an account are their sole responsibility.
• Billing will stop at end of term during which the service is cancelled.
• At the end of the contract term, the contract will automatically renew for the original contract length indefinitely until cancelled in writing or via email.
• Violations of MailMonks’s Terms of Service may, at MailMonks’s discretion, result in immediate and permanent disablement without refund.
• Disputed charges (“chargebacks”) associated with any MailMonks account may, at MailMonks’s discretion, result in immediate and permanent disablement. MailMonks expressly reserves the right to change the fees charged hereunder for the HTML Mailing Services with advanced notice to the Client. If Client does not agree to any such pricing change, it may cancel the HTML Mailing Services any time.

TAXES

MailMonks shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Client or MailMonks HTML Mailing server. Client agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

MATERIAL PRODUCTS

• Client will provide MailMonks with material and data in a condition that is “server-ready”, which is in a form requiring no additional manipulation on the part of MailMonks. MailMonks shall make no effort to validate this information for content, correctness or usability.
• Use of MailMonks’s service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client’s Webspace by the Client.
• Web Publishing and Email sending: requires knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, image mapping, email marketing, etc.
• MailMonks will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth below:

Client agrees to not use the Service to:

• upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• harm minors in any way;
• impersonate any person or entity, including, but not limited to, a MailMonks official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• upload, post, email, transmit or otherwise make available any Content that Client does not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party;
• upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, except in those areas (such as shopping) that are designated for such purpose; in no event , however, is junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed;
• upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
• interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
• intentionally or unintentionally violate any applicable local, state, national or international law, any rules of any national or other securities exchange, and any regulations having the force of law;
• provide material support or resources (or conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
• MailMonks reserves the right to police its network to verify compliance with all agreed upon Terms.
• The Client agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.
• MailMonks reserves the right to disconnect any website or server deemed to present a security threat to MailMonks’s customers, servers, or network.
• The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by MailMonks is grounds for termination of all services.
• MailMonks makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. MailMonks also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Client. Use of any information obtained by way of MailMonks is at the Client’s own risk, and MailMonks specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. MailMonks expressly limits its damages to the Client for any non-accessibility time or other down time to the pro-rata yearly charge during the system unavailability.
• MailMonks specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not “Server-ready”, MailMonks may, at its option and at any time, reject this material, including but not limited to after it has been put on MailMonks’s Server. MailMonks agrees to notify Client immediately of its refusal of the material and afford Client the opportunity to amend or modify the material to satisfy the needs and/or requirements of MailMonks. If the Client fails to modify the material, as directed by MailMonks, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
• Certain aspects of the Services may be in beta form as designated by MailMonks (“Beta Services”). In addition to the disclaimers of warranty set out in this Agreement, the Beta Services are provided on an as-is basis with the express understanding that they may not have been tested, have faults, and may not be as secure as other elements of the Services. Any SLA, indemnity, representation or warranty that MailMonks provides herein does not apply to the Beta Services. MailMonks reserves the right to terminate the Beta Services at any time, even if Client has relied on them as a material inducement to enter into this Agreement. MailMonks makes no guarantee that Beta Services will be put into production.

TRADEMARKS & COPYRIGHTS

Client warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the client’s account.

INTELLECTUAL PROPERTY RIGHTS

Client shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of Client’s proposed domain name or content on Client’s website.

HARDWARE, EQUIPMENT, & SOFTWARE

The client is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access MailMonks. MailMonks makes no representations, warranties or assurances that the Customer’s equipment will be compatible with the MailMonks service.

LIMITED LIABILITY

Client expressly agrees that use of MailMonks’s Server is at Client’s sole risk. Neither MailMonks, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that MailMonks’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the MailMonks Server service, unless otherwise expressly stated in this contract. Under no circumstances, including negligence, shall MailMonks, its offices, agents or anyone else involved in creating, producing or distributing MailMonks’s HTML Mailing service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the MailMonks Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to MailMonks’s records, programs or services. Client hereby acknowledges that this paragraph shall apply to all content on MailMonks’s services.

In any event no claim shall be brought unless Client has notified MailMonks of the claim within one year of its arising.

In no event shall MailMonks be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.

INDEMNIFICATION

Client agrees that it shall defend, indemnify, save and hold MailMonks harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys’ fees, (“Liabilities”) asserted against MailMonks, its agents, its clients, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Clients, its agents, employees or assigns.

Client agrees to defend, indemnify and hold harmless MailMonks against Liabilities arising out of:

• any injury to person or property caused by any products sold or otherwise distributed in connection with MailMonks’s Server by Client;
• any material supplied by Client infringing or allegedly infringing on the proprietary rights of a third party;
• copyright infringement by Client;
• any defective product which Client sold on MailMonks’s Server.

ADULT CONTENT

Because the Internet is a global communication tool, and we have clients from nearly every country in the world it is difficult to dictate what is considered “adult material.” However, it is not our function to discriminate against those who choose to utilize adult content or adult related material. This being said, there are still several reasons why MailMonks has been forced to create its no adult sites policy for its virtual server users. What does MailMonks consider “Adult Material”? Examples of adult material include, without limitation, the following:

• Any site whose revenue is gained in part or whole from its adult content.
• Photos or videos showing frontal nudity on either men or women for non-scientific or non-artistic purposes.
• Hyperlinks to adult sites, including but not limited to sites who violate these policies.
• Sites that have discussion boards and share information that is ‘adult’ in nature.
• Sites that sell or promote ‘adult’ material, including but not limited to adult toys.

FILE SHARING APPLICATIONS

All accounts in MailMonks are strictly prohibited in publishing or distributing in anyway on links or files that are related to file that are provided through file sharing service. Whether lawful or unlawful, MailMonks reserves the right to determine what is harmful to its Clients, operations or reputation.

REVISIONS AND ERRATA

The materials appearing on MailMonks’s web site could include technical, typographical, or photographic errors. MailMonks does not warrant that any of the materials on its web site are accurate, complete, or current. MailMonks may make changes to the materials contained on its web site at any time without notice. MailMonks does not, however, make any commitment to update the materials.

LINKS

MailMonks has not reviewed all of the sites or its services linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MailMonks of the site. Use of any such linked web site is at the user’s own risk.

SITE TERMS OF USE MODIFICATIONS

MailMonks may revise these terms of service for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms of Services. Except as expressly provided herein, this Agreement, including any other contracts incorporated by reference, may only be amended as agreed by the parties in a written amendment (including by a click-to-accept that is accepted by Client or Authorized User). The parties further agree that upgrades (e.g. moving up a service plan level), downgrades (e.g. moving down a service plan level), and additional services (e.g. adding account management services) may be agreed via electronic communication that is acknowledged by authorized representatives for both parties. If one party fails to exercise, or delays exercising, any right, remedy or power set out in this Agreement, this shall not operate as a waiver of that right, remedy or power, whether under this Agreement or at law or equity.

FORCE MAJEURE

Except for the payment of fees by Client, if the performance of any part of this Agreement by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused from such to the extent that it is prevented, hindered or delayed by such causes.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of India and you hereby submit to the non-exclusive jurisdiction of these courts.

CONTRACT REVISIONS

Revisions to this Contract will be applicable to previous Contracts Revisions will be considered agreed to by the Client on renewal of service as specified in Section – Financial Arrangements.

TRANSFER

Client may not transfer this contract without the written consent of MailMonks.

CONTRACT

These Terms of Service constitutes the entire Contract and understanding of the parties. Any changes or modifications to these Terms of Service of Contract thereto are agreed to by the both parties upon renewal of services. Requirements for All MailMonks Pro Campaigns

• You must agree to our Terms of Use
• Our unsubscribe link must be in all campaigns.
• You must include your contact information inside every promotional email that you send, including a physical mailing address or PO Box where you can receive mail. (Not a website or email address.)
• You may not falsify your contact information or subject line.
• Even if you are outside the US, our servers live in the US. We have to make sure all US standards are observed.
• We require that your emails comply with the US CAN-SPAM Act. If you break the rules, you could be liable for hundreds of dollars for each recipient that you sent non-compliant messages to.
• In addition to CAN-SPAM rules, you must comply with the anti-spam laws of the countries your recipients live in. So if you’re sending to UK residents and US residents, check the UK spam laws to make sure you’re also UK compliant. – Check if we need to add/modify anything here

International Requirements By Country

These are either links to anti-spam legislation in countries outside the US or the name of the country’s anti-spam law.

Canada

Canada’s Anti-Spam Legislation (CASL) amends the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act. It is very similar to CAN-SPAM but has some minor differences and covers all electronic messages, not just email.

Australia

Spam Act 2003, Act No. 129 of 2003 as amended.

EU

Article 13 of DIRECTIVE 2002/58/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 12 July 2002 concerning the processing of personal data and the protection of privacy in the electronic communications sector (Directive on privacy and electronic communications). The EU body that addresses spam is The Contact Network of Spam Enforcement Authorities (CNSA).

The Directive is implemented by each member state independently so you will want to check with your particular country law for more details.

UK

The Privacy and Electronic Communications (EC Directive) Regulations

Austria

Telecommunications Act 2003

Belgium

Commission de la protection de la vie privée, Le spam en Belgique Etat des lieux en juillet 2003, July 4, 2003

China

Measures for Administration of E-Mail Service on Internet (2006) ( Unofficial English Translation )

Cyprus

Section 06 of the Regulation of Electronic Communications and Postal Services Law of 2004 (Law 12 (I) / 2004 deals with unsolicited communications (spam)

Czech Republic

Act No. 480/2004 Coll., on Certain Information Society Services

Estonia

Information Society Service Act

France

Falls under the Commission Nationale de l’Informatique et des Libertés (CNIL) [National Data Processing and Liberties Commission], Electronic Mailing and Data Protection (Oct. 14, 1999) (French) CNIL Guidelines on email marketing.

Germany

Art. 7 German Unfair Competition Law (Gesetz gegen Unlauteren Wettbewerb) (UWG)

Art. 202a, 263, 303a, 303b of the German Criminal Code Art. 6 of the German Law regarding Information Society Services Art. 28 Par. 4 of the German Data Protection Act

Italy

Italy’s anti-spam laws are very strict. You can even be imprisoned for sending spam. If you’re sending to Italian recipients, follow these guidelines as well. Personal Data Protection Code (legislative decree no. 196/2003) The Code transposed EC Directive 95/46 on the protection of personal data and EC Directive 2002/58 on privacy in electronic communications; it consolidated all Italian pre-existing laws and regulations in this sector. DL 196/2003 Personal Data Protection Code • DL 675/1996 on privacy protection states, inter alia, that a company must have authorization from each user whose personal data (such as e-mail) they want to use. • DL 171/1998 (deriving from the European Community directive 97/66/CE) on telecommunications privacy protection: this put outlaws all automatic systems to call a user and says that all the expenses of an advertising must be paid by the company and not the user (faxes and e-mails are instead paid also by the user).

DL 185/1999 (deriving from the European Community directive 97/7/CE) on customer protection with respect to long-distance contracts: this obliges companies to seek the permission of the user for virtual or telephone sales.

Netherlands

Dutch law requires very explicit permission and heavily protects data and privacy.

New Zealand

The Unsolicited Electronic Messages Act 2007. The Department of Internal Affairs provides detailed guidelines on the anti-spam laws.

Sweden

Swedish Marketing Act (Swedish Code of Statutes, SFS 1995:450). Personal Data Act (Swedish Code of Statutes, SFS 1998:204), in so far as spam activities involve processing of personal data.

Privacy and Copyright

Like most website operators, MailMonks collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. MailMonks’s purpose in collecting non-personally identifying information is to better understand how MailMonks’s visitors use its website. From time to time, MailMonks may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.

MailMonks also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on MailMonks’s blogs. MailMonks only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below, except that blog commenter IP addresses are visible and disclosed to the administrators of the blog where the comment was left.

Any personal information which is collected by MailMonks will be used by us only in accordance with current data protection legislation

Gathering of Personally-Identifying Information

Certain visitors to MailMonks’s websites choose to interact with MailMonks in ways that require MailMonks to gather personally-identifying information. The amount and type of information that MailMonks gathers depends on the nature of the interaction. For example, we ask visitors who sign up for HTML Mailing services at MailMonks.com to provide an email address. Those who engage in transactions with MailMonks – by purchasing access to the Amazon SES service, for example – are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, MailMonks collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with MailMonks. MailMonks does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.

Protection of Certain Personally-Identifying Information

MailMonks discloses potential personally-identifying information only to its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on MailMonks’s behalf or to provide services available at MailMonks’s websites, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using MailMonks’s websites, you consent to the transfer of such information to them. MailMonks will not rent or sell potential personally-identifying information to anyone, other than to its employees, contractors and affiliated organizations as described above. MailMonks discloses potential personally-identifying information only in response to a subpoena, court order or other governmental request, or when MailMonks believes in good faith that disclosure is reasonably necessary to protect the property or rights of MailMonks, third parties or the public at large. If you are a registered user of an MailMonks website and have supplied your email address, MailMonks may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with MailMonks and our products. We primarily use our various product blogs to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. MailMonks takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

Cookies

A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. MailMonks uses cookies to help MailMonks identify and track visitors, their usage of MailMonks website, and their website access preferences. MailMonks visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using MailMonks’s websites, with the drawback that certain features of MailMonks’s websites may not function properly without the aid of cookies.

Comments

Comments and other content submitted to our Akismet anti-spam service are not saved on our servers unless they were marked as false positives, in which case we store them long enough to use them to improve the service to avoid future false positives.

Privacy Policy Changes

Although most changes are likely to be minor, MailMonks may change its Privacy Policy from time to time, and is MailMonks’s sole discretion. MailMonks encourages visitors to frequently check this page for any changes to its Privacy Policy. Should MailMonks decide to change its Privacy Policy, we will post such changes on this page so that you are always aware of how we use your personal information and in what circumstances we disclose it. Client’s continued use of this site after any change in this Privacy Policy will constitute Client’s acceptance of such change.

DMCA Website Notice – Digital Millennium Copyright Act

If you believe a MailMonks customer on a site hosted by MailMonks is infringing your copyright, please send a written notice to:

MailMonks,
Suite # 501, Dwellings, Jai Hind Enclave,
Madhapur, Hyderabad -- 500081
E-Mail: info@dmonks.com

Section 512(c) of the DMCA requires that a notice include all of the following in order to be valid:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit MailMonks to locate the material;
• Information reasonably sufficient to permit MailMonks to contact you, such as an address, telephone number, and, if available, an e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that if you fail to comply with all of the foregoing requirements your DMCA notice may not be valid and MailMonks may take no action. If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site, please contact us at:

MailMonks.in
https://MailMonks.in/
support@mailmonks.in

Acceptable Use Policy

Introduction

Using our Services requires common sense, and you agree not to use the Services in ways that violate the law, harm other people or our network, or breach Internet community standards. And, you may not use the Services to enable others to do those things. We have set out specific prohibited activities in this acceptable use policy (“Policy”). However, because the nature of what is an acceptable use of the Internet is constantly evolving, we reserve the right to make changes to the Policy at any time. We agree to provide you with notice of material changes, and if they have a negative material effect on your ability to use the Services you may terminate your Agreement with us without any additional Fees. You agree to incorporate the Policy, or restrictions no less protective of our interests, into your contract with your end users.

We fully reserve the right the electronically-mediated communications. Reasons for such monitoring may include the need to:

• ensure operational effectiveness of services,
• prevent a breach of the law, this policy,
• investigate a suspected breach of the law, this policy,
• monitor standards.

Laws; Harmful Content

You may not use the Services to violate any law or regulation. In particular, you may not violate laws prohibiting: copyright, patent, trademark or trade secret infringement, misuse or misappropriation; distribution of child pornography, child erotica, non-consensual sex acts, illegal gambling; defamation, harassment or libel; false advertising; slander or transmission of malicious code or to gain access to other networks. Further, you may not use the Services in connection with any content that we reasonably believe: promotes, incites or threatens violence; contains harassing content or hate speech; is defamatory or violates a person’s privacy; infringes on another person’s copyright, trade or service mark, patent or other property right; constitutes illegal arms trafficking; or, is likely to result in retaliation against MailMonks’s system, network or employees, including behaviour that results in a server being the target of a denial of service attack.

Spam

If you use the Services to transmit email, you must do so responsibly. Sending or promoting SPAM using the Services is prohibited.

Overburdening Resources; Overuse

You may not overburden the Services. You may not place excessive burdens on our, or the providers of Third Party Services’, CPUs, servers or other resources or interfere with the services we provide to other customers. You may not use excessive bandwidth or data transfer. If your Services are unmetered, and your use of them exceeds the use of the Services by similarly situated customers, we may offer to move you to a metered plan. If you refuse to move to a metered plan, we may place restrictions on your use of the Services until your use corresponds with that of similarly situated customers. If the Order sets out an amount of data transfer or number of visitors, you agree not to exceed this amount. If you do, and we choose not to limit your use of the Services, your data transfer or visitors over the contracted amount will be billed at our then-current rate.

Internet Relay Chat; Videos

You may not use, or provide, open proxies or Internet Relay Chat. Additionally, you may not use the Services for video streaming.

Anti-Spam Policy

By creating an account and agreeing to our Terms of Use, you are also agreeing to this Anti-spam policy.

What is SPAM?

Spam is any email you send to someone who hasn’t given you their direct permission to contact them on the topic of the email.

When you send an email to someone you don’t know, that’s an “unsolicited” email. Sending one unsolicited message to someone is obviously not spam. But when you send an unsolicited email to an entire list of people you don’t know, that’s spam.

What kind of email addresses are OK to send to with MailMonks?

To send email to anyone, you need to have their permission. This could be done through:

• An email newsletter subscribe form on your web site.
• An opt-in checkbox on a form. This checkbox must not be checked by default, the person completing the form must willingly select the checkbox to indicate they want to hear from you.
• If someone completes an offline form like a survey or enters a competition, you can only contact them if it was explained to them that they would be contacted by email AND they ticked a box indicating they would like to be contacted.
• who have purchased from you within the last 2 years. What kind of email address ARE NOT OK to send to with MailMonks?

You can’t import or send to any email address which:

• You do not have explicit, provable permission to contact in relation to the topic of the email you’re sending.
• You bought, loaned, rented or in any way acquired from a third party, no matter what they claim about quality or permission. You need to obtain permission yourself.
• You haven’t contacted them via email in the last 2 years. Permission doesn’t age well and these people have either changed email address or won’t remember giving their permission in the first place.
• You scraped or copy and pasted from the web. Just because people publish their email address doesn’t mean they want to hear from you.

What content MUST I include in my email?

Every email you send using MailMonks must include a single-click unsubscribe link that instantly removes the subscriber from your list. Once they unsubscribe, you can never email them again.

Account Suspension

We reserve the right to suspend your account immediately and start investigating your activity if your campaigns have high percentage of spam complaints (more than 0.1%), bounces (more than 20%) or very small open rate (less than 5%). If it turns out that you were sending emails without permission – we will terminate your account. We can ask you to prove that you have permission from your recipients and we can close your account if you do not have such proof. Otherwise, we will activate your account and you will be able to use the service again.

CAN-SPAM Act: A Compliance Guide for Business

Do you use email in your business? The CAN-SPAM Act, a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have you stop emailing them, and spells out tough penalties for violations.

Despite its name, the CAN-SPAM Act doesn’t apply just to bulk email. It covers all commercial messages, which the law defines as “any electronic mail message the primary purpose of which is the commercial advertisement or promotion of a commercial product or service,” including email that promotes content on commercial websites. The law makes no exception for business-to-business email. That means all email – for example, a message to former customers announcing a new product line – must comply with the law.

Each separate email in violation of the CAN-SPAM Act is subject to penalties of up to $16,000, so non-compliance can be costly. But following the law isn’t complicated. Here’s a rundown of CAN-SPAM’s main requirements:

• Don’t use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify the person or business who initiated the message.
• Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
• Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
• Tell recipients where you’re located. Your message must include your valid physical postal address. This can be your current street address, a post office box you’ve registered with the U.S. Postal Service, or a private mailbox you’ve registered with a commercial mail receiving agency established under Postal Service regulations.
• Tell recipients how to opt out of receiving future email from you. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future. Craft the notice in a way that’s easy for an ordinary person to recognize, read, and understand. Creative use of type size, color, and location can improve clarity. Give a return email address or another easy Internet-based way to allow people to communicate their choice to you. You may create a menu to allow a recipient to opt out of certain types of messages, but you must include the option to stop all commercial messages from you. Make sure your spam filter doesn’t block these opt-out requests.
• Honor opt-out requests promptly. Any opt-out mechanism you offer must be able to process opt-out requests for at least 30 days after you send your message. You must honor a recipient’s opt-out request within 10 business days. You can’t charge a fee, require the recipient to give you any personally identifying information beyond an email address, or make the recipient take any step other than sending a reply email or visiting a single page on an Internet website as a condition for honoring an opt-out request. Once people have told you they don’t want to receive more messages from you, you can’t sell or transfer their email addresses, even in the form of a mailing list. The only exception is that you may transfer the addresses to a company you’ve hired to help you comply with the CAN-SPAM Act.
• Monitor what others are doing on your behalf. The law makes clear that even if you hire another company to handle your email marketing, you can’t contract away your legal responsibility to comply with the law. Both the company whose product is promoted in the message and the company that actually sends the message may be held legally responsible.

Need more information?

Please visit http://www.business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business