IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions, has ZERO TOLERANCE for Unsolicited Broadcast Email and Unsolicited Commercial Email (commonly known as “Spam”) whether originating from customers, from resellers’ customers, or from customers that provide services which are used to support Spam
The users are required to adhere to the Anti-Spam policy of India and other countries if they are sending mails outside India. They should send marketing and promotional mails to only opt-in subscribers. If they do not have their list of opt-in subscribers, they must not send any marketing or unsolicited commercial mails. Non-compliance with the Anti-Spam Policy will be deemed as breach of contract and we shall not be responsible for discontinuance of the services. Any obligation arising out of non-compliance with the Anti-Spam Policy shall be borne by the user. All the legal and monetary claims that arise out of non-compliance of the Anti-Spam Policy and other regulations shall be settled by the user.
IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions reserves the right to modify the policy at any time without any consent. All the subscribers of our services are required to follow the policy as modified from time to time.
The subscribers are required to go through the following terms of use and follow the same. In case you do not agree to any of the terms and conditions, you are free to not use our services:
- ILLEGAL USAGE –
IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions should be used
only for lawful purposes. Transmission, distribution or storage of any
material or content in violation of any applicable law or regulation is
prohibited. This includes, without limitation, content protected by
copyright, trademark, trade secret or any other intellectual property
rights, used without prior and proper authorization, and content that is
obscene, defamatory, constitutes an Illegal threat, violates any law or is
anti-national. Any email containing adult content or illegal content like
lottery winnings, etc. is completely prohibited. Any content which is
misleading or influencing in any manner which induces involvement of money,
is prohibited.
- SUBSCRIBERS CONDUCT – The
subscribers shall use IndiaBulkEmail.com on behalf of OzoneSMS & Techlium
Solutions only for lawful purposes. The subscriber shall not post or
transmit any material or content which violates or infringes in any way upon
the rights of others, is unlawful, threatening, abusive, defamatory,
invasive of privacy or publicity rights, vulgar, obscene, profane or
otherwise objectionable, which encourages conduct that would constitute a
criminal offence, give right to civil liability or otherwise violate any
law, or which, without our express prior approval, contains advertising or
any solicitation with respect to products or services. Any conduct by a
subscriber which restricts or inhibits any other subscriber from using our
services is not permitted. Subscriber shall not use IndiaBulkEmail.com on
behalf of OzoneSMS & Techlium Solutions to advertise or perform any
commercial solicitation, including but not limited to, the solicitation of
users to become subscribers of other services similar to or competitors of
IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions. Subscriber
shall not upload post or transmit, by using any of IndiaBulkEmail.com on
behalf of OzoneSMS & Techlium Solutions service, any content protected by
copyright, trademark, patent or any other proprietary right without prior
written permission of the owner. The responsibility of determining that any
content is not protected by copyright, trademark or any other proprietary
right rests with the subscribers. Subscriber shall be solely liable for any
damage resulting from any infringement of copyrights, proprietary rights, or
any other harm resulting from such a submission.
- SYSTEM AND NETWORK SECURITY –
Violation of system or network security is prohibited, and may
result in Criminal and Civil Liability. If IndiaBulkEmail.com on behalf of
OzoneSMS & Techlium Solutions investigates incidents involving such
violations and then it may involve/will cooperate with law enforcement
agencies if a criminal violation is suspected. Examples of system or network
security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network
- Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks
- Forgery of any identification or obscuring of hostnames, usernames, IP addresses, or any message header information in any data.
- Harassing or threatening transmissions
- Probing for means of gaining unauthorized access to computers or networks
- Introducing or causing to be introduce any computer contaminant or computer viruses into system or network
- Introducing or causing to introduce any pornography material, SMS etc
- INDEMNIFICATION –
Subscribers agree to defend, indemnify and hold harmless IndiaBulkEmail.com
on behalf of OzoneSMS & Techlium Solutions, its affiliates and their
respective owners, directors, officers, employees and agents from and
against all claims and expenses, including attorney’s fees, arising out of
the mis-use of the services or non-compliance with any regulations and law
enforced by any legal or civil authorities. The sole responsibility of any
claim arising out of use by the subscriber shall rest on the subscriber and
IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions will not be
held liable in any case.
- EMAILS – The subscribers
are not allowed to post or transmit any unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, pornographic, profane or indecent
information of any kind, including without limitation any transmissions
constituting or encouraging conduct that would constitute a criminal
offence, give rise to civil liability or otherwise violate any local, state,
national or international law; post or transmit any information, software or
any other material which violates or infringes upon the rights of others,
including material which is an invasion of privacy or publicity rights or
which is protected by copyright, trademark or other proprietary right, or
derivative works with respect thereto, without first obtaining permission
from the owner or right holder; post or transmit any information, software
or other material, which contains a virus or other harmful component; post,
transmit or in any way exploit any information, software or other material
for commercial purposes, or which contains advertising. Sending Unsolicited
Broadcast Email and Unsolicited Commercial Email (commonly known as “Spam”)
messages, including, without limitation, commercial advertising and
informational announcements, is explicitly prohibited.
- ANTI-SPAM POLICY –
IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions strictly
prohibits the use of their services to send or relay mass unsolicited email
or spam. Any subscriber who participates in the sending of unsolicited mail,
unsolicited spot mails, unsolicited commercial mail or any other form of
mailing commonly known as spam, will be deactivated. His subscription shall
be cancelled immediately with the credits being forfeited. Users are allowed
to only send in mails to subscribed members who have agreed to receive their
marketing or promotional mails. Any breach of this policy shall be leading
to discontinuance of the services. Any liability arising out of the misuse
of the services and non-compliance with any rules and regulations, shall be
borne by the subscriber and IndiaBulkEmail.com on behalf of OzoneSMS &
Techlium Solutions shall not be held liable for any penalty or claim arising
out of such act.
- COST / CHARGES POLICY–
- The mode of payment can be cheque, draft, cash, bank transfer, etc.
- Advance payment has to be made by the subscriber for using the services of IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions
- Service Tax as applicable will be levied on the charges mentioned (presently it is 12.36%)
- IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions is entitled to reduce the balance of email credits at the end of the validity period. Extension of validity is at the sole discretion of IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions and the subscriber cannot claim the non-used credits after the validity is over
- The subscriber agrees to pay in Indian Rupees
- IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions shall not be responsible in any manner whatsoever to the subscriber or any other third party for delayed, incomplete and non-delivery of emails due to technical reasons.
- No objectionable/unsolicited message should be sent by the subscriber. Any liability arising due to such act shall be borne by the subscriber
- The nature of business and the primary content of the email has to be specified by the subscriber
- The rates are subject to change without notice.
- REFUND POLICY – All the payments have to be made in advance and once any service has been subscribed, it cannot be cancelled. We always advise the subscribers to test our services before opting for the same. We do not offer any refunds or cancellations. However, in case of a genuine issue, IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions may agree to cancel the subscription and provide the refund after proper verification of the reasons thereof. The refund shall be made within 60 days of the settlement and a total of 20% shall be deducted as processing fee. However, if the subscriber is not satisfied with any of our services, we shall try our best to solve the same. If any subscriber asks for cancellation or refund wherein there is no fault of IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions, then it shall not be entertained.
DECLARATION – IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions has no control on the contents of the emails sent and that IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions shall not be held responsible/liable directly or indirectly neither for the content of the Emails sent nor for any delay in delivery or non-delivery or for any errors routed by IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions.
IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions shall not be responsible in any manner due to errors caused on account of internet delays, disconnection, time outs, routing problems etc.
User will not send unsolicited emails (also referred to as ‘spamming’) to subscribers. All emails sent by the user using IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions services must conform to IT Act 2000 and other relevant laws of India. Any violation will be the sole responsibility of user
User has complete control of the Email-ID of the email sent through IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions and will not misuse this facility. In case it is found that user is misusing this facility by sending a message on someone’s name without his/her approval, it shall be treated as a breach of this agreement and the connection will be disconnected forthwith. It shall be sole responsibility of user and IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions shall in no way responsible for any such message and the subsequent fallout.
IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions shall strive to deliver emails immediately upon receipt from the user. However IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions shall not be responsible for any delay, non receipt of email or any other interruption, which may occur due to technical reasons or snags in the system, break down of server or any other equipment, server breakdown, maintenance shut down, breakdown of communication services and such interruption are beyond the control of IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions. However, IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions acknowledges that it will put in its best endeavors to achieve the best success rate.
ENFORCEMENT OF TERMS AND CONDITIONS
Indirect or attempted violations of the policy
and actual or attempted violations by a third party on behalf of a
IndiaBulkEmail.com on behalf of OzoneSMS & Techlium Solutions subscriber or a
subscriber’s end user shall be considered violation of the policy by such
customer or end user.
Any user found violating the above T&C is liable for action under the
prevailing laws including termination of services without any prior notice.