ZOHO CAMPAIGNS, A SERVICE THAT ALLOWS YOU TO CREATE, SEND AND MANAGE MARKETING EMAILS AND NEWSLETTERS, 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 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 emails and newsletters as well as to manage the emails and newsletters 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.
Accessing Third Party Applications Integrated with Zoho Campaigns
You must have received an explicit consent from your contact before you start sending commercial emails. The consent must have been provided separately through a conscious act by the contact. Consent not granted electronically will require written confirmation from the address holder.
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.
ANTI SPAM POLICY
You shall comply with the requirements of Zoho Anti Spam Policy and the CAN-SPAM Act or other similar laws regulating sending of commercial emails applicable to you. In addition, you may send emails through Zoho Campaigns only to the contacts that you have obtained by acceptable means as listed below (“Acceptable Means”).
- If the contact had submitted his/her email address as part of a download from your website or for the purpose of ordering/negotiating the purchase of a product or service from you.
- If the contact had subscribed to an email newsletter by filling a form on your website.
- If the contact has provided email address 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 be contacted by you through email, provided that the check box is unchecked by default and you have informed such contact that the nature of the emails will be commercial.
- If the contact has given his/her business card and has expressed willingness to receive emails of a commercial nature. Willingness to receive emails 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 your newsletters or marketing emails.
- 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 by scraping or by copying and pasting the e-mail addresses from the internet.
- The contact has unsubscribed from your mailing list or has expressed his/her intention not to receive emails from you.
- You will not send emails that infringe intellectual property rights or other proprietary rights of any party.
- You will not send emails that contain pornographic and/or obscene content.
- You will not send emails that impersonate any individual or entity.
- You will not send emails that create a load on Zoho’s servers or abuse Zoho’s bandwidth.
- You will not send emails that violate any applicable local, state, national or international laws.
- You will not send emails to distribute or sell illegal and counterfeit products.
- You will not send emails that interfere with or disrupt the provisioning of Zoho Campaigns.
- You will not send emails that are considered as scamming activities such as pyramid scheme, multi-level marketing (MLM), affiliate marketing, search engine optimization (SEO) and click fraud.
- You will not send emails to promote or sell pharmaceutical products, gambling services, e-cigarettes, etc.
- You will not send emails that promote dangerous and illegal activities.
- You will not send emails that contain links to sites that are involved in any of the prohibited activities listed above.
Monitoring and Throttling
In order to prevent spam and to detect possible violation of these Terms, Zoho reserves the right to monitor and review the contents of your email campaigns both manually and through automated tools. Zoho may also copy the content of the email campaigns and transmit copies of the content to affiliates and service providers for the purpose of reviewing the content and developing automated tool for detecting spamming and other violations of these Terms. 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.
Every email campaigns sent from Zoho Campaigns will have an embedded Campaign ID in the email's header. Recipients may report suspected spam using this Campaign ID. If a recipient of your email marks it as spam, Zoho will receive a notification. If the number of emails marked as spam exceeds the below mentioned threshold, Zoho reserves the right to take appropriate action against you, which may include permanent termination of your user account.
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.
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.