Terms of Use

The word “Spam” as applied to Email means Unsolicited Bulk Email (“UBE”).

It is a concern to us if you use Viyu Techlab Private Limited to send any unsolicited email to anyone with whom you have no relationship. It is much more of a concern and more likely to cause our system to be blocked by various ISP’s for you to send an unsolicited email to an entire list of people you don’t know.

b. Permission Lists Only: You may use VIYU Techlab only to send Emails to individuals and entities that either:

Possibility 1: Consent Obtained

A. gave or gave you written (including electronic) permission to send Emails to them without subsequently withdrawing such permission and either:

i.       Consent Given Recently gave you permission within the prior 12 months; or

ii.      Consent Given More Than One Year Earlier, you sent them a promotional email, which was not objected to within the prior 12 months; or

Possibility 2: Sold or Negotiated to Sell Product or Service

B. gave or gave you their name and email address in connection with their purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your emails and either:

i.       Recent Sale or negotiation; such sale or negotiation occurred within the previous 12 months; or

ii. sale or Negotiation Occurred More than One Year Earlier, you sent them a promotional email, which was not objected to within the prior 12 months.

If you send Emails to a list and you get an unusual amount of SPAM complaints (more than 1 out of 1,000), ISPs will begin blocking future emails from your company. They will also request (that’s putting it mildly) that VIYU Techlab shut down your account. So if you don’t have proof that each recipient on your list has opted-in to receive your emails or otherwise meets the above requirements, don’t import them into VIYU Techlab.

c. Requirements: You agree that you will use:
·   No purchased lists (no matter how expensive).
·   No rented lists (even if they “opted in”).
·   No third-party lists whatsoever.
·   No outside unsubscribe processes.

You should only use VIYU Techlab to send newsletters, updates, and promotions to people who specifically requested email from you or otherwise meet the requirements of 11(b) above. Don’t you have a permission list yet? Maybe your company’s too new and you have no customers. Feel free to set up a VIYU Techlab account, run through the List Setup Wizard, and add a signup form to your website so that you can grow your list.

d. We’re In This Thing Together: We do what we can to keep our system clean, but you agree to pitch in too. Here’s how:

·   Sending your first campaign to an old list? Many recipients won’t remember you and will report you for spamming. Do everything in your power to remind them of who you are and how they got on your list.
·   Clean your customer list before you import. Take out any addresses older than 6 months. Bad addresses lead to bouncebacks. Too many bouncebacks and ISPs block VIYU Techlab (and you). We’ll shut your account down if you import an old list that gets too many bounces (more than 5%).
·   Don’t just import your entire Outlook address book. Export them into a spreadsheet, then take some time to clean out bad addresses (like Sales@Amazon or Support@Comcast). If you import even one address by mistake, that person can get you blacklisted and shut down.
·   Importing from a CRM? Break it into separate segments or interest groups so you can send relevant content to your customers (“We met at a tradeshow, You bought xyz from us in the past, You are a client of…”, etc). Don’t just mix a bunch of different lists and send one “blast” to all of them.
·   Sending on behalf of a client? Educate your client about responsible email marketing. They’re depending on you to be the expert. Here are some email marketing resources for you.

e. CRM, Salesforce, and API Imported Lists
CRM tools are great for maintaining relationships with prospects and leads, and then converting them into paying customers. Or just nurture your customer relationships. However, CRM tools are built for one-to-one communication. Email marketing tools like VIYU Techlab are built for one-to-many communication. They are not the same. Spam laws apply when you do one-to-many email marketing.

Before importing any list into VIYU Techlab from your CRM or any other database you maintain, understand our permission-lists-only rules. Remove any prospects or leads who did not explicitly request email marketing from you or otherwise meet the requirements of 11(b) above. Even if you’re sending email marketing to customers who have consented to receive your Email, you are still required, under applicable law, to allow them to opt out of your email marketing list (you may need to turn that feature ON in your CRM tool). The simple fact that a recipient is “in my CRM” is not the same as “they gave us permission to send them email marketing.”

f. Prohibited Content and Industries
Don’t use VIYU Techlab to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:

·   Pornography or other sexually explicit Emails
·   Emails offering to sell illegal substances
·   Emails that violate the CAN-SPAM Law

Also, some industries send certain types of content that result in higher-than-normal bounce rates and abuse complaints, which in turn jeopardize the deliverability of our entire system. No offense intended, but because we must ensure the highest delivery rates possible for all our customers, we do not allow businesses that offer these types of services, products, or content:

·   Illegal goods or services
·   Escort and dating services
·   Pharmaceutical products
·   Work from home, Internet lead generation, Make money on online opportunities, etc.
·   Online trading, day trading tips, or stock market-related content
·   Gambling services, products, or gambling education
·   Multi-level marketing
·   Affiliate marketers
·   Credit repair, get-out-of-debt content
·   Mortgages and/or Loans
·   Nutritional Supplements, Herbal Supplements, or Vitamin Supplements
·   Pornography or nudity in content
·   Adult novelty items or references in content
·   List brokers or List rental services
·   Marketing or sending commercial email without proper permission

Generally speaking, if you’re in an industry that is frequently associated with spam, you know who you are (it’s probably why you’re reading this far, right?). We make no judgments about your line of business, but we cannot afford to risk our deliverability. Most ESPs like VIYU Techlab, will not be able to help you. You will most likely need to look into setting up your mail servers. The term to search on is “email delivery server.” There are many industrial-strength MTAs to choose from with built-in delivery and reporting tools for high-volume senders.

g. Who Can Use VIYU Techlab
If you do not meet these eligibility requirements, you may not use the VIYU Techlab service.

1. You must be at least 18 years of age and be able to form legally binding contracts under applicable law.
2.     You must complete the registration process and agree to the terms of this Agreement. All contact information you submit must be true, complete, and up-to-date.
3.    VIYU Techlab does reserve the right to refuse service or terminate accounts for any user and to change eligibility requirements at any time, in its sole discretion.

h. Data Archival
Our servers store tons of data. Occasionally, we need to archive and/or delete some of it to make room for new data, so that we don’t have to keep raising prices to afford more and more servers. Here are our data-archiving rules:

0.     Subscriber Activity (formerly A.I.M. Reports) and Geomap Data: Your campaign reports include a map that shows you where people are opening from. It’s a nice report. It’s also really heavy. Also really heavy is the Subscriber Activity generated for each campaign. Because of their dense nature, we only provide granular reports, including Subscriber Activity and Geomap Data, for your last 20 campaigns or if you send over 20 campaigns in a two-month period, then from the last 60 days. You will have access to the Subscriber Activity in aggregate form for your last 2000 campaigns.

1.     Old, pay-as-you-go lists: For pay-as-you-go accounts or free accounts, any list that you haven’t sent an email to in 12 months will be archived. Because emails change so often, it’s recommended that you stay in contact with your lists more frequently than every year. Sending to a one-year-old, dormant list often results in too many hard bounces, which can jeopardize the deliverability of VIYU Techlab for all our customers. If you want to keep your copy of all of your data, including reports, lists, campaigns, and templates, then you can use our Export Feature, which allows you to export the information in your VIYU Techlab account as a .csv file. Warning depending on the size of your account, exports may take a while to complete.

i. Bandwidth Abuse: Image hosting, API, Tracking
You may not use our bandwidth for anything other than your VIYU Techlab email marketing. In this regard, you agree to the following:

·   Unlike some other email marketing services, we provide image hosting for your email campaigns totally free. This doesn’t mean you can host images on our servers for other uses, like your website. If we detect that you’re using our hosting services for anything other than your email campaigns, we have the right to delete the image. Depending on your intent, we may even replace the image with something you don’t want to see.

·   Not to build a campaign in VIYU Techlab, then send it using some other delivery tool. Yeah, we can see when that happens. If you do that, we reserve the right to shut your account down, replace all images in your campaign, and redirect all hyperlinks to point somewhere else. You may not like the replacement images.

·   If you integrate with VIYU Techlab using our API, you must use efficient programming, which will not cause too many requests to be made in too short a period. We reserve the right to throttle your API connections or suspend or terminate your VIYU Techlab account.

j. Fees, Refunds, Account Suspensions, Etc.
You agree:

1. VIYU Techlab reserves the right to change our fees at any time by posting a new fee structure to our Website and/or sending you a notification of the change by email.

2. If a user violates any of the terms of this Agreement, we reserve the right to cancel accounts or bar access to accounts without refund.

3. If, for some reason, we are unable to process your credit card order, we will attempt to contact you by email and we will suspend usage of your account until your payment can be processed.

4. You agree to pay for all emails you send from your account, even if messages are blocked by any third party (we have no control over your recipients’ email servers, ISP availability, personal spam filter settings, etc)

5. VIYU Techlab shall not guarantee of any open rate or link clicks. It naturally depends on your content

6. All customers agree that these services (Bulk Email, SMTP Servers, SMS, and WhatsApp) are non-refundable and non-transferable under any circumstances.

7. For pay-as-you-go (prepaid) accounts, your email credits “roll over” and do not expire. However, if you do not log in to your account at least once for 12 months, your account (including all campaigns, lists, and other data) may be deleted permanently from our system.

8. We don’t have any policy for changing our email credits plan to an SMS” credit plan or SMS credits plan to an email credit plan. “email” and SMS are totally different way to use each other. please don’t ask for that.

k. Avoiding spam-related problems
As an email marketing service provider, we feel it’s our duty to be extra vigilant about preventing spam-related abuses. It’s not just bad for the Internet community in general—if illegal and/or abusive spam gets sent from our system, we’d get blocked by all major ISPs, which would make our system useless for the thousands of users who depend on us.

It’s in our best interest to keep our system clean, because our reputation and deliverability depend on it. So here’s what we do:

right to Review Email Campaigns

We, including our employees and independent contractors, are permitted to copy and transmit copies of the content from your email campaigns to develop algorithms, heuristics, and computer programs (“Tools”) to help us more efficiently spot problem accounts and to use such Tools, together with personal viewing by employees and or independent contractors, to uncover Members who violate either these Terms of Use or applicable law.

o Feedback Loops w/ISPs

VIYU Techlab has been delivering emails since 2001 and has established relationships with most major ISPs. They know us. We know them. We’re on feedback loops (FBL) and reporting systems with these ISPs and anti-spam organizations:

·   AOL
·   Yahoo
·   Comcast
·   Earthlink
·   Hotmail/MSN
·   Roadrunner
·   Outblaze
·   United Online (Juno, NetZero, etc.)
·   Spamcop

When a recipient clicks the “this is spam” button in their email program, a FBL report is sent to us. We analyze the data, trace it back to the sender that caused the complaint, remove the complainer from the sender’s list, and track future complaints about that campaign. If complaints exceed a reasonable threshold based on list size, we take appropriate action (which sometimes means permanently shutting down a VIYU Techlab account) to keep our servers clean and off blacklists. To prevent this from happening to you, please read section 11(d), (e), and (f) above.

Reporting Abuse

We take abuse reports seriously at VIYU Techlab. If you’ve received spam that you think came from a VIYU Techlab user, we want to hear about it. Please report the fact that you received spam from what appears to be a VIYU Techlab user to us by using this reporting page.

o Report Bad Senders

Every campaign sent from VIYU Techlab has an embedded Campaign Tracking ID (CID) in the email’s header that makes it easy for recipients to report suspected spam.

If the campaign you received does not contain a CID, it didn’t come from MWS. It was probably just spoofed to look like it came from VIYU Techlab (something that inevitably happens to everyone online).