ZOHO TRANSMAIL, A SERVICE FOR CREATING, SENDING AND MANAGING TRANSACTIONAL EMAILS 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 TRANSMAIL 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 TRANSMAIL IN ANY MANNER.
Accessing Zoho TransMail
Zoho TransMail is a part of Zoho’s suite of online collaboration, business and productivity applications. You will be able to access Zoho TransMail by using your common account for all Zoho Services (hereinafter “Zoho Account”).
Accessing other Zoho Services
Other Zoho Services may be integrated with Zoho TransMail. Your Zoho Account will also allow you to access all Zoho Services even if such Zoho Services are not integrated with Zoho TransMail. 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 TransMail
You agree not to use Zoho TransMail for sending mass emailing campaigns. This includes, but is not limited to marketing emails, promotional emails and newsletters. You may only use Zoho TransMail to send transactional email communications, which are considered as communications which facilitate an already agreed upon transaction or updates a customer about an ongoing transaction. These include but are not limited to welcome emails, order confirmations and password reset emails.
Every email that you send using Zoho TransMail, shall contain an 'about us' section that has the following information:
- Name and address of the entity that is sending the emails.
- Contact information, at least a valid telephone number as well as an email address.
- Name and contact information (phone number/email address) of an abuse/postmaster/legal representative for reporting complaints.
You shall not send emails to any contact if:
- You have bought, loaned, rented or acquired the contacts through any other means from a third party.
- You have obtained email addresses by scraping or by copying and pasting the email addresses from the internet.
- You do not maintain sufficient proof of explicit permission from your contacts to receive emails from you.
- The contact has unsubscribed from your mailing list or has expressed his/her intention not to receive emails from you.
You agree not to use subject lines that mislead the recipient about the contents or subject matter of your emails.
By using Zoho TransMail, you agree that
- 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 TransMail.
- 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 your account activities and email content using automated tools. With respect to emails that are sent in bulk using Zoho TransMail, your email content and recipient details will be validated both manually and through automated process. Zoho also reserves the right to throttle emails sent by you, especially if you are sending emails for the first time.
Every email sent from Zoho TransMail will have an embedded ID in the email's header. Recipients 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 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 lower than 50 in 1000 emails (5%) and spam complaint rates should be less than 10 in 1000 emails (1%). Similarly, the maximum count for spam trap hit / un-justified complaint is 1 in 100,000 emails. In the event that your emails exceed the threshold(s) mentioned above, Zoho reserves the right to terminate your user account without any prior notification.
Email Record Deletion
You acknowledge and agree that Zoho will permanently erase email records (copies of emails sent and certain information relating to sent emails) depending on your subscription plan and the configuration of your Zoho TransMail. Zoho has no obligation to retain such records beyond the applicable period.
Tracking of Open and Click Rates
Using Zoho TransMail, you can track open and click rates of transactional emails. Information such as Internet Protocol address, browser type and email client are collected from your recipients in order to track open and click rates. As a user, you must make sure that your use of Zoho TransMail complies with all applicable laws.
You are provided with the facility to store and host files/images on Zoho’s servers only to enable you to use them in your emails sent through Zoho TransMail. You shall not create a load on Zoho’s servers or abuse Zoho’s bandwidth by storing or hosting files/images on Zoho’s servers for any other use such as using the files/images on websites and sending the images/files through other email delivery tools or any other script executions.
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.
TERMS FOR USE OF API
Integration of Zoho TransMail with Third Party Applications using APIs provided by Zoho requires technical skill. You understand that errors or defects in the integration may cause loss and corruption of data. You must make sure that you use the services of technically skilled persons for the integration. You agree that Zoho is not liable for any loss and corruption of data caused due to errors or defects in the integration.
You must not try to access any functionality that is not exposed in the documentation for the API. You understand and agree that Zoho will not be liable for the consequences of accessing or using any unexposed functionality of the API.
Zoho, in its discretion, may cease providing the current version of the API either as a result of discontinuation of the API or upgradation of the API to a newer version. In both cases, the current version of the API will stand deprecated and become the deprecated version of the API (hereinafter "Deprecated Version"). When Zoho decides to deprecate the current version of the API, You will be informed about such deprecation through a service announcement. For a period of six months following announcement of deprecation (hereinafter the "Deprecation Period"), Zoho will use commercially reasonable efforts to support the Deprecated Version. You understand that Zoho is not obliged to provide the features of the newer version in the Deprecated Version.
Zoho in its discretion may cease supporting the Deprecated Version during the Deprecation Period if i) Zoho is required to do so by law or ii) You have breached any provision of these Terms or the General Terms of Service or iii) Zoho determines that supporting the API is likely to result in a security risk to Zoho.
API Usage Limits
Zoho may prescribe usage limits, including limits on the number of calls, number of records per call, bandwidth usage and frequency of calls. You are required to adhere to 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 and that an API call may either fail or be partially executed if the usage limits are reached before or during an API call.
Zoho reserves the right to modify the Terms. Modifications to the Terms are effective upon your use of Zoho TransMail subsequent to publication of such modification.