ZOHO CAMPAIGNS, A SERVICE THAT ALLOWS YOU TO CREATE, SEND AND MANAGE MARKETING EMAILS AND PROMOTIONAL SMS, IS PROVIDED TO YOU OR THE ENTITY THAT YOU REPRESENT (HEREINAFTER "YOU" OR "YOUR") BY ZOHO CORPORATION (HEREINAFTER "ZOHO"), ACCORDING TO THE FOLLOWING TERMS AND CONDITIONS (HEREINAFTER "TERMS") IN ADDITION TO ZOHO GENERAL TERMS OF SERVICE. USE OF ZOHO CAMPAIGNS SIGNIFIES YOUR ACCEPTANCE OF THE TERMS AND GENERAL ZOHO GENERAL TERMS OF SERVICE. IF YOU DO NOT AGREE TO THE TERMS, DO NOT PROCEED OR USE ZOHO CAMPAIGNS IN ANY MANNER.
Zoho Campaigns is a service that allows you to create and send marketing emails and promotional SMS as well as to manage the emails and promotional SMS sent by you. Zoho Campaigns also allows you to build and manage your contact lists by embedding
the subscription form, copying and pasting the form code in your website or by importing contacts from any Customer Relationship Management service/software or any other contact database.
Accessing Zoho Campaigns
Zoho Campaigns is a part of Zoho’s suite of online collaboration, business and productivity applications. You will be able to access Zoho Campaigns by using your common account for all Zoho Services (hereinafter “Zoho Account”).
Accessing other Zoho Services
Other Zoho Services may be integrated with Zoho Campaigns. Your Zoho Account will also allow you to access all Zoho Services even if such Zoho Services are not integrated with Zoho Campaigns. Use of some of these Zoho Services may require acceptance of terms of service specific to such Zoho Services (hereinafter “Service Specific Terms”). You must read, understand and accept the Service Specific Terms before using the corresponding Zoho Service.
Restrictions on Use
By using Zoho Campaigns, you agree that you will not send marketing emails and/or promotional SMS
- that infringe intellectual property rights or other proprietary rights of any party.
- that is defamatory, threatening, offensive, abusive, malicious or otherwise harmful to any party.
- that constitute or promote "hate speech" or is otherwise discriminatory or promote or incite hatred towards any person or group.
- that contain pornographic and/or obscene content.
- that impersonate any individual or entity.
- that create a load on Zoho’s servers or abuse Zoho’s bandwidth or interfere with
- that violate any applicable local, state, national or international laws.
- You will not send emails to promote/distribute or sell illegal and counterfeit products.
- to promote or sell pharmaceutical products, gambling services, e-cigarettes, etc.
- that contain any virus and malicious code which might disrupt, disable, harm, erase memory of, or otherwise impede operations, or functions of any software, hardware, wireless device, computer or any network of any party.
- that are considered as scamming activities such as pyramid scheme, multi-level marketing (MLM), affiliate marketing, search engine optimization (SEO) and click fraud.
- for conducting or forwarding any surveys, contests, charity requests or chain letters.
- that promote dangerous and illegal activities.
- that are related to cryptocurrency and related technology, including but not limited to virtual currency, initial coin offering and blockchain.
- that contain links to sites that are involved in any of the prohibited activities listed above.
- that will be used for providing any warning or notification about risk to the safety of person(s) or property (for example, emergency services).
If you are sending marketing emails through Zoho Campaigns ("Email Campaigns"), you shall comply with the requirements of Zoho Anti Spam Policy and applicable local, state, national laws including but not limited to the CAN-SPAM Act or other similar laws regulating sending of commercial emails applicable to you. If you are sending promotional SMS through Zoho Campaigns ("SMS Campaigns"), you shall comply with the (i) policies and guidelines of third party service providers such as network operators ("Service Providers"), including but not limited to applicable guidelines published by the Cellular Telecommunications Industry Association (CTIA), the Mobile Marketing Association and National Emergency Number Association; and (ii) applicable local, state, national or international laws including but not limited to the CAN-SPAM Act, TRAI, TCPA or other similar laws regulating the transmission of promotional bulk messages applicable to you.
In addition, you may send Email Campaigns and SMS Campaigns only to the contacts that you have obtained by acceptable means as listed below.
- If the contact had submitted his/her email address and/or mobile number as part of a download from your website or for the purchase of ordering/negotiating the purchase of a product or service from you.
- If the contact had subscribed to an email newsletter receive your marketing communications through email and/or SMS by filling a form on your website.
- If the contact has provided email address and/or mobile number as part of participation in any contest, event or survey conducted by you, provided that you have informed the contact that you would be sending marketing emails.
- If the contact has, while completing an online form, checked an opt-in check box indicating his/her willingness to receive your marketing communications through email and/or SMS, provided that the check box is unchecked by default and you have informed the contact that the nature of emails and/or SMS would be commercial.
- If the contact has given his/her business card and has expressed willingness to receive emails and/or SMS of a commercial nature. Willingness to receive emails and/or SMS of a commercial nature will be presumed where the business card was dropped in your booth at a trade show.
- If the contact was referred by your existing customers or subscribers to receive marketing communication through emails or SMS.
You shall not send marketing emails and/or promotional SMS to any contact if:
- You have bought, loaned, rented or acquired the contacts through any other means from a third party.
- You have not contacted a legitimately obtained contact in the last 2 years.
- You have obtained email addresses and/or mobile numbers by scraping or by copying and pasting email addresses from the internet.
- The contact has unsubscribed from receiving your marketing communications through email and/or SMS or has expressed his/her intention not to receive marketing emails and/or SMS from you.
You must have received an explicit consent from your contact before you start sending commercial emails and/or promotional SMS. The consent must have been provided separately through a conscious act by the contact. Consent not granted electronically will require written confirmation from the contacts.
In addition to the other terms, the following terms will govern your use of Email Campaigns:
Every email that you send using Zoho Campaigns, shall contain an 'about us' section that has the following information:
- Name and address in case the sender is an individual.
- If the sender is an entity, in addition to name and address, the name of the authority with which the company is registered along with the business registration/identification number.
- VAT or other identification number for tax purposes.
- Contact information, at least a valid telephone number as well as an email address.
- Name and contact information (phone number/email address) of a representative for reporting complaints.
Monitoring and Throttling
Zoho reserves the right to monitor and review the contents of your Email Campaigns both manually and through automated means to improve deliverability such as by reducing mail bounces and to detect spam and other possible violations of the Terms. This includes:
- The right to transmit the sender email addresses, recipient email addresses and content of the email campaigns to affiliates and service providers engaged by us.
- The right to develop and improve automated tools based on emails that get flagged as spam and information we receive from affiliates, service providers engaged by us and other email service providers regarding your Email Campaigns.
- The right to embed a Campaign ID in every email's header in order to enable recipients of Email Campaigns to report spam emails to Zoho.
Zoho also reserves the right to throttle Email Campaigns sent by you, especially if you are sending Email Campaigns to a contact list for the first time.
Threshold for Bounces, Complaints, Unsubscribes and Un-justified/Spam Trap Hits
The hard bounce rates should be under 5% and spam complaint rates should be less than 0.1%. Similarly, the unsubscribe count should not be greater than the click rate and the maximum count for spam trap hit / un-justified complaint is 1. In the event that your Email Campaign exceeds the threshold(s) mentioned above, Zoho reserves the right to terminate your user account without any prior notification.
You are provided with the facility to host images on Zoho’s servers only to enable you to host images used in your Email Campaigns sent through Zoho Campaigns. You shall not create a load on Zoho’s servers or abuse Zoho’s bandwidth by hosting images on Zoho’s servers for any other use such as using the images on websites and sending the images through other email delivery tools.
In addition to the other terms, the following terms will govern your use of SMS Campaigns:
Zoho reserves the right to monitor the content of the promotional SMS that you will be sending to your recipients ("Content"), your traffic patterns or your use of the SMS Campaigns service to determine if the SMS Campaigns are being sent in violation of the Terms. If Zoho determines that there has been a violation of the Terms, Zoho may suspend or terminate your access to the SMS Campaigns service. Additionally, Zoho may share information such as Content, contact consent status, traffic pattern, frequency of promotional SMS sent and other information relevant to your SMS Campaigns with Service Providers and law enforcement agencies to ensure compliance with applicable laws.
Suspension or Termination of SMS Campaigns Service
Zoho may suspend or terminate your access to the SMS Campaigns service if (i) Zoho in its sole discretion determines that you have violated the Terms; (ii) Zoho receives repetitive complaints from your recipients or Service Providers; (iii) Zoho receives instruction from Service Providers to suspend or terminate your access to the SMS Campaigns service; or (iv) Zoho temporarily or permanently ceases offering the SMS Campaigns services or the Zoho Campaigns.
Zoho may prescribe usage limits based on the subscription plan chosen by you. You must make sure that your usage is within the usage limits prescribed by Zoho in order to avail uninterrupted service. You understand that Zoho may restrict an activity if you reach the usage limit corresponding to such activity.
If your use of Zoho Campaigns is found to be in violation of the Terms, Zoho may, in its sole discretion, take appropriate actions against you, which may include suspension and permanent termination of your user account.