This is an agreement between you and viraajdigital.com which governs your use of viraajdigital.com. By accessing viraajdigital.com, you are agreeing to accept and be bound by this agreement. Therefore, please review this agreement to your satisfaction. If you are not willing to accept each of the terms, conditions and notices of this agreement we will not grant you the permission to use viraajdigital.com and you will need to exit viraajdigital.com.
All contents included on viraajdigital.com, such as text, graphics, logos, button icons, images, etc. are the property of viraajdigital.com and is protected by copyright laws. The layout of all contents on viraajdigital.com are owned and copyrighted under _______________________.The license being provided for use of any product or services are specifically governed by these terms and conditions and the specific purchase order stroke invoice containing the commercial and legal terms between the parties.
In exchange for your adhering to the terms of this agreement, viraajdigital.com grants you a limited, non-transferable license to use viraajdigital.com and the services /products offered by viraajdigital.com.
Other than as expressly provided in the clause above, you cannot copy, display or distribute any contents obtained from viraajdigital.com. You cannot under any circumstances modify, perform, reproduce, publish, license, create, transfer or sell any contents or services obtained from viraajdigital.com. In addition, you may not “frame” or otherwise use the pages or other contents or services found on viraajdigital.com on any other website. This means permission to use viraajdigital.com or contents will be narrowly construed by the Court in favour of viraajdigital.com. If you infringe our intellectual property rights or exceed the scope of permitted use of this license, you agree that viraajdigital.com would be irreparably injured and may obtain a Court order to enjoin you from further mischief. Protection offered to viraajdigital.com by this agreement will survive termination of any license.
As a condition of your license to use viraajdigital.com, you warrant to us that you will not use viraajdigital.com in any way that is unlawful or prohibited by this agreement. If you violate this or any other term of this agreement, your license to use viraajdigital.com shall terminate immediately.
viraajdigital.com assume no responsibility for any consequence relating directly or indirectly to your use of viraajdigital.com or for any action or inaction that you take based on the services or other material provided by viraajdigital.com. You understand this and agree that you use viraajdigital.com at your own risk.
You understand and agree that while viraajdigital.com appreciates your comments and suggestions concerning the services we provide, but viraajdigital.com cannot acknowledge or return any submitted or suggested drawings, notes, text or other ideas that you send to viraajdigital.com. If you send viraajdigital.com any such material or suggestions they shall be deemed the property of viraajdigital.com and viraajdigital.com shall not owe you any compensation or otherwise be liable for any use that we make of the drawings, notes, text or other ideas.
viraajdigital.com being engaged in the business related to email marketing would not be responsible for any kind of consequences /losses/damages/claims whatsoever being sonsequential/incidental/ancilliary to the intended use of email marketing software products or services. Under the scheme of email marketing the role of viraajdigital.com is limited to providing software and services in relation to email marketing. Any information database etc. shall not be provided by viraajdigital.com. Further viraajdigital.com shall also not be responsible for any kind of incorrection inaccuracy errors omissions etc. in the database or information being transmitted by using the email marketing .Any information in relation to product or services being exchanged transmitted through the use of the products of viraajdigital.com shall be the sole responsibility of the party transitting such information and viraajdigital.com shall be kept indemnified by such buyer/party.
viraajdigital.com is also working under the reseller module under which we are appointing resellers for promoting marketing and selling the product. Under the reseller module the relation is that of principal to principal basis and viraajdigital.com, shall bear no responsibility whatsoever for any commitments/ terms and conditions etc. being delivered over and above the terms and conditions of viraajdigital.com.
|a. Definition of SPAM: We have adopted the definition of Spam set forth on the Spamhaus website at http://www.spamhaus.org/definition.html The first line of the Spamhaus definition reads:
The word “Spam” as applied to Email means Unsolicited Bulk Email (“UBE”).
It is a concern to us if you use Viraaj Digital 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 Viraaj Digital only to send Emails to individuals and entities that either:
o Possibility 1 – Consent Obtained
A. gave or give you written (including electronic) permission to send Emails to them, without subsequently withdrawing such permission and either:
i. Consent Given Recently gave you the 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
o Possibility 2 – Sold or Negotiated to Sell Product or Service
B. gave or give 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 negotiations 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 Viraaj Digital 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 Viraaj Digital.
c. Requirements: You agree that you will use:
You should only use Viraaj Digital 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 have a permission list yet? Maybe your company’s too new and you have no customers. Feel free to set up a Viraaj Digital 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.
e. CRM, Salesforce, and API Imported Lists
Before importing any list into Viraaj Digital 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
· Pornography or other sexually explicit Emails
Also, there are some industries that 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
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. In fact, most ESPs like Viraaj Digital will not be able to help you. You will most likely need to look into setting up your own 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 Viraaj Digital
1. You must be at least 18 years of age, and be able to form legally binding contracts under applicable law.
h. Data Archival
0. Subscriber Activity (formerly A.I.M. Reports) and Geomap Data – Your campaign reports include a geomap 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 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 Viraaj Digital for all our customers. If you want to keep your own 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 Viraaj Digital 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
· 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 Viraaj Digital, then send it using some other delivery tool. Yeah, we can see when that happens. If you do that we may, and 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 Viraaj Digital 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 Viraaj Digital account.
j. Fees, Refunds, Account Suspensions, Etc.
1. Viraaj Digital 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. Viraaj Digital shall no guarantee of any open rate, link clicks. its naturally depend on your content
6. All customers are agree that these services (Bulk Email, SMTP Servers, SMS) 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 change our any email credits plan to “sms” credits plan and sms credits plan to email credits plan. “email” and sms both are totally different way to each other. please don’t ask for that.
k. Avoiding Spam Related Problems
It’s in our best interest to keep our system clean, because our reputation and deliverability depends on it. So here’s what we do:
o Right to Review Email Campaigns
o Feedback Loops w/ISPs
Viraaj Digital 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:
When a recipient clicks their “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 Viraaj Digital 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.
o Reporting Abuse
We take abuse reports seriously at Viraaj Digital. If you’ve received spam that you think came from a Viraaj Digital user, we want to hear about it. Please report the fact that you received spam from what appears to be a Viraaj Digital user to us by using this reporting page.
o Report Bad Senders
Every campaign sent from Viraaj Digital 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 Viraaj Digital (something that inevitably happens to everyone online).
VIRAAJ DIGITAL MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENTS AND SERVICES CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH CONTENTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. VIRAAJ DIGITAL HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE CONTENTS AND SERVICES INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL VIRAAJ DIGITAL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR WITH ANY DELAY OR INABILITY TO USE VIRAAJ DIGITAL OR FOR ANY INFORMATION OR SERVICE OBTAINED THROUGH VIRAAJ DIGITAL OR OTHERWISE ARISING OUT OF THE USE OF VIRAAJ DIGITAL WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF VIRAAJ DIGITAL HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES BECAUSE SOME JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES THE ABOVE DAMAGES MAY NOT APPLY TO YOU.
By accessing Viraaj Digital, you agree to hold harmless and indemnify Viraaj Digital, its owners, affiliates and agents from any liability, loss, claim or expense that results from or are in any way incidental to your use of Viraaj Digital, including but not limited to your violation of any terms or conditions of this agreement or your infringement of any intellectual property or other right of any person or entity. By entering into these terms and conditions you here by agree to keep indemnified Viraaj Digital from any third party claims whatsoever , further by using any product or service of Viraaj Digital any information data product etc. being delivered to any of the third parties shall be the sole responsibility of the party sending/transmitting such information across.
Due to lack of uncertainty and lack of uniformity of laws in different countries, you understand and agree that Viraaj Digital operated solely in India. You are using the internet as your own agent to access and use Viraaj Digital from the local internet point of presence here in India and you are using the Internet as your agent to take delivery of any contents or services in India. This means that all services, operations, deliveries, performance and contacts of your business with Viraaj Digital occur solely in India.
Because Viraaj Digital operates solely in India, Indian laws govern this agreement. Since Viraaj Digital makes no warranties and assume no liabilities and you agree in this agreement to hold Viraaj Digital harmless you should have no reason to have a grievance with us. Should you nevertheless bring legal action against Viraaj Digital you irrevocably agree that it will be brought and maintained within one year after the claim arises in a court located at Mumbai in India or be barred. To discourage unwarranted litigation, you agree that if you sue us and don’t win, you will pay our legal costs, including fees for hiring the services of the counsels. If Viraaj Digital is required to enforce this agreement or our rights you agree that it is reasonable to send you legal notices and papers by electronic mail provided by you. Viraaj Digital’s failure to insist on strict enforcement of any provisions of this agreement shall not preclude us from enforcing it on future occasions. For refund, Viraaj Digital reserve all rights. Decision making authorities will decide to refund money according to the query of the customer. If refunded, Viraaj Digital will deduct the setup and service charges. If refunded, refund money will be transferred within 45 days.
Viraaj Digital can modify this agreement at any time, and such modifications shall be effective immediately after we post the modified agreement. For your convenience, the day this agreement was last modified will always be posted at the top of this agreement. You agree to review this agreement to your satisfaction whenever the posted date indicates that it has been modified since you last reviewed it. By continuing to access Viraaj Digital after modifications to this agreement are posted, you are agreeing to accept the agreement as modified.