This is an agreement between you and hemsmedia.com which governs your use of hemsmedia.com. By accessing hemsmedia.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 hemsmedia.com and you will need to exit hemsmedia.com.
All contents included on hemsmedia.com, such as text, graphics, logos, button icons, images, etc. are the property of hemsmail.com and is protected by copyright laws. The layout of all contents on hemsmedia.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.
What you can do?
In exchange for your adhering to the terms of this agreement, hemsmedia.com grants you a limited, non-transferable license to use hemsmedia.com and the services /products offered by hemsmediacom.
What you cannot do?
Other than as expressly provided in the clause above, you cannot copy, display or distribute any contents obtained from hemsmedia.com. You cannot under any circumstances modify, perform, reproduce, publish, license, create, transfer or sell any contents or services obtained from hemsmedia.com. In addition, you may not “frame” or otherwise use the pages or other contents or services found on hemsmedia.com on any other website. This means permission to use hemsmedia.com or contents will be narrowly construed by the Court in favour of HemsMedia.com. If you infringe our intellectual property rights or exceed the scope of permitted use of this license, you agree that hemsmedia.com would be irreparably injured and may obtain a Court order to enjoin you from further mischief. Protection offered to hemsmedia.com by this agreement will survive termination of any license.
** Spammers are not welcomed in here , so beware of your spamming details. Only double opt-in subscribers list are allowed for mailing. In order to prevent spam , authorized signatured mailing is forced to apply from our side.Try to make your mailing spam free for better results and feedback.**
1 . Strictly one report spam is allowed on 1000 media and if exceeded account will be suspended.
2 . Bounce rate must not exceed 5% and if it is not followed account suspension will be the step.
3. Users are required to follow the CAN-SPAM Act. For further details visit http://en.wikipedia.org/wiki/CAN-SPAM_Act_of_2003 .
4. Already unsubscribed media ids must not be in the list , otherwise account will be suspended.
5. All sort of adult sms content including lottery, money making offers etc. should not be included.
No Unlawful or Prohibited Conduct
As a condition of your license to use hemsmedia.com, you warrant to us that you will not use hemsmedia.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 hemsmedia.com shall terminate immediately.
You use hemsmedia.com at your own risk
hemsmedia.com assume no responsibility for any consequence relating directly or indirectly to your use of hemsmedia.com or for any action or inaction that you take based on the services or other material provided by hemsmedia.com. You understand this and agree that you use hemsmedia.com at your own risk.
User Suggestions and Submissions
You understand and agree that while hemsmedia.com appreciates your comments and suggestions concerning the services we provide, but hemsmedia.com cannot acknowledge or return any submitted or suggested drawings, notes, text or other ideas that you send to hemsmedia.com. If you send hemsmail.com any such material or suggestions they shall be deemed the property of hemsmail.com and hemsmail.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.
hemsmedia.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 hemsmail is limited to providing software and services in relation to email marketing. Any information database etc. shall not be provided by hemsmail.com. Further hemsmail.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 hemsmail.com shall be the sole responsibility of the party transiting such information and hemsmail.com shall be kept indemnified by such buyer/party.
hemsmedia.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 hemsmedia.com, shall bear no responsibility whatsoever for any commitments/ terms and conditions etc. being delivered over and above the terms and conditions of hemsmedia.com.
Anti-Spam and Abuse Related Rules : You agree to the following:
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 sms means Unsolicited Bulk sms (“UBE”).
It is a concern to us if you use hemsmedia 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 Hems Media only to send sms to individuals and entities that either:
o Possibility 1 – Consent Obtained.
A. gave or give you written (including electronic) permission to send sms 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 sms 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 Hems media shut down your account. So if you don’t have proof that each recipient on your list has opted-in to receive your sms, or otherwise meets the above requirements, don’t import them into Hems Media system.
c. Requirements: You agree that you will use:
· No purchased lists (no matter how expensive).
· No rented lists (even if they “opted in”).
· No 3rd party lists whatsoever.
· No outside unsubscribe processes.
You should only use Hems Media 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 Hems Media account, run through the List Setup Wizard, and add a sign-up 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 bounce backs. Too many bounce backs, and ISPs block Hems Media (and you). We’ll shut your account down if you import an old list that gets too many bounces(More then 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 [email protected], or [email protected]). 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 trades how, You bought xyz from us in the past, You are a client of…” etc). Don’t just mix a bunch of different lists together and send one “blast” to all of them.
· Sending on behalf of a client? Educate your client about responsible sms marketing. They’re depending on you to be the expert. Here are some email marketing resources for you.
e. CRM, Sales force, and API Imported Lists:
CRM tools are great for maintaining relationships with prospects and leads, then converting them into paying customers. Or just nurturing your customer relationships. But CRM tools are built for one-to-one communication. Email marketing tools like Hems Media are built for one-to-many communication. They are not the same. Spam laws apply when you do one-to-many sms marketing.
Before importing any list into Hems Media 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 Hems Media 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, 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 offence 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-gen, 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 judgements about your line of business, but we cannot afford to risk our deliverability. In fact, most ESPs like Hems Media 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 Hems Media
If you do not meet these eligibility requirements, you may not use the Hems Media service:
0. You must be at least 18 years of age, and be able to form legally binding contracts under applicable law.
1. 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.
2. Hems Media does reserve the right to refuse service or to 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 in order 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 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 Hems Media 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 Hems Media 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 Hems Media 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 Hems Media, 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 hyper-links to point somewhere else. You may not like the replacement images.
· If you integrate with Hems Media 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 Hems Media account.
j. Fees, Refunds, Account Suspensions, Etc.
0. Hems Media 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.
1. 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.
2. 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.
3. 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).
4. For All email plans of hems media(including reseller and super reseller plan) your email credits “roll over” and do not expire. However, if you do not log in to your account at least once for 2 months, your account (including all campaigns, lists, and other data) may be deleted permanently from our system.
5. Hems media shall no guarantee of any open rate, link clicks. its naturally depend on your database and content .
6. 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.
7. We shall not have any refund policy for any discount or offer plan.
8. We have 3 days refund policy. if you are not satisfied with our service . then you can ask for refund with in 3 days after date of placing order.you should not have uses of more than 5% of any email credit plan. we need your refund request with 3 days via ticket system with complete reason.we shall refund you 75% of your total value with in 45 days. (not applicable for bulk SMS).
9. Mass Mailing:
Any kind of unsolicited email advertising is not welcomed to our servers. If a client is found to be involved in sending unsolicited email advertising we reserve the right to suspend or terminate users account without notification and no refund will be given.
The Speed of the server or our system depend on campaigns size and if are using desktop based application then depend on ISP speed also. we commit our server or system seeped only when if the customer or user used the service with agreed these all consider terms.
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 depends on it. So here’s what we do:
o. Right to Review Email Campaigns
o. Feedback Loops w/ISPs
Hems Media 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:
· Earth link
· United Online (Juno/NetZero, etc.)
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 Hems Media 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 Hems Media. If you’ve received spam that you think came from a Hems Media user, we want to hear about it. Please report the fact that you received spam from what appears to be a Hems Media user to us by using this reporting page.
o. Report Bad Senders
Every campaign sent from Hems Media 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 Hems Media. It was probably just spoofed to look like it came from Hems Media (something that inevitably happens to everyone online).
HEMSMEDIA.COM 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. HEMSMEDIA.COM 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 HEMSMEDIA.COM 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 HEMSMAIL.COM OR FOR ANY INFORMATION OR SERVICE OBTAINED THROUGH HEMSMEDIA.COM OR OTHERWISE ARISING OUT OF THE USE OF HEMSMEDIA.COM WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE EVEN IF HEMSMEDIA.COM 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.
Links to Other Website
Indemnification and Hold Harmless
By accessing hemsmedia.com, you agree to hold harmless and indemnify hemsmedia.com, 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 hemsmedia.com, 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 hemsmedia.com from any third party claims whatsoever , further by using any product or service of hemsmedia.com 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.
hemsmedia.com operates solely in India
Due to lack of uncertainty and lack of uniformity of laws in different countries, you understand and agree that hemsmedia.com operated solely in India. You are using the internet as your own agent to access and use hemsmedia.com 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 hemsmedia.com occur solely in India.
Because hemsmedia.com operates solely in India, Indian laws govern this agreement. Since hemsmedia.com makes no warranties and assume no liabilities and you agree in this agreement to hold hemsmedia.com harmless you should have no reason to have a grievance with us. Should you nevertheless bring legal action against hemsmedia.com you irrevocably agree that it will be brought and maintained within one year after the claim arises in a court located at Jaipur 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 hemsmedia.com 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. hemsmedia.com’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, Hems Infotech reserve all rights. Decision making authorities will decide to refund money according to the query of the customer. If refunded, Hems Infotech will deduct the set-up and service charges. If refunded, refund money will be transferred within 45 days.
Changes to this Agreement
Hemsmedia.com 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 hemsmedia.com after modifications to this agreement are posted, you are agreeing to accept the agreement as modified.