E-Mail Distribution - Terms of Service
Updated on: 25 April, 2018
THESE E-MAIL DISTRIBUTION TERMS OF SERVICE (“EMAIL DISTRIBUTION TERMS”) GOVERN YOUR USE OF ZOHO SURVEY TO SEND SURVEYS VIA THE EMAIL DISTRIBUTION FUNCTIONALITY PROVIDED BY ZOHO (“EMAIL DISTRIBUTION FUNCTIONALITY”). USE OF EMAIL DISTRIBUTION FUNCTIONALITY SIGNIFIES YOUR ACCEPTANCE OF THE E-MAIL DISTRIBUTION TERMS. IF YOU DO NOT AGREE TO THE TERMS, DO NOT PROCEED OR USE EMAIL DISTRIBUTION FUNCTIONALITY IN ANY MANNER.
You must have received explicit consent from the intended recipients of your survey (“Contact”) before you send surveys using the Email Distribution Functionality. The consent must have been provided separately through a conscious act by your Contact.
You shall comply with the requirements of Zoho Anti-Spam Policy and all applicable laws regulating sending of commercial emails applicable to you. In addition, you may send emails through E-mail Distribution 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 an 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 checkbox indicating his/her willingness to be contacted by you through email, provided that the checkbox 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.
By using the Email Distribution Functionality, you agree that
- You will not send surveys that infringe intellectual property rights or other proprietary rights of any party;
- You will not send surveys that contain pornographic and/or obscene content;
- You will not send surveys that impersonate any individual or entity;
- You will not send surveys that create a load on Zoho’s servers or abuse Zoho’s bandwidth;
- You will not send surveys that violate any applicable local, state, national or international laws;
- You will not send surveys to distribute or sell illegal and counterfeit products;
- You will not send surveys that interfere with or disrupt the provisioning of the Email Distribution Functionality;
- You will not send surveys 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 surveys to promote or sell pharmaceutical products, gambling services, e-cigarettes, etc;
- You will not send surveys that promote dangerous and illegal activities;
- You will not send surveys that contain links to sites that are involved in any of the prohibited activities listed above;
- You will not send surveys to Contacts who have unsubscribed from your mailing list or has expressed his/her intention not to receive emails from you;
- You will not send surveys to contacts that you have bought, loaned, rented or acquired through any other means from a third party.
Monitoring and Throttling
In order to prevent spam and to detect possible violation of the Email Distribution Functionality, Zoho reserves the right to monitor and review the content of your surveys through automated tools. Zoho may also copy the content of the survey 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 Email Distribution Terms. Zoho also reserves the right to throttle surveys, especially if you are sending emails to a contact list for the first time.
Every email sent via the Email Distribution Functionality will have an embedded ID in the email's header. Recipients of your survey mail may report suspected spam using this 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 pre-determined threshold, Zoho reserves the right to take appropriate action against you, which may include permanent suspension of the Email Distribution Functionality.
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.
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.
Zoho reserves the right to modify Email Distribution Terms. Modifications to the Email Distribution Terms are effective upon your use of Email Distribution Functionality subsequent to publication of such modification.