Terms Of Service

1. Terms By accessing this website, you are agreeing to be bound by these website & Application Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Use of Service

All Services may only be used for lawful purposes. The laws of the United States of America apply to all Clients of MAILERKIT

You agree to indemnify and hold harmless MAILERKIT from any claims resulting from your use of MAILERKIT Services. You represent and warrant to MAILERKIT that you are eighteen (18) years of age or older. Any use of or access to the Services by anyone under eighteen (18) years of age is prohibited.

If you use the Services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.

Use of the MAILERKIT Services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another's copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email OUR SUPPORT with the information pertaining to your claim.

You represent and warrant that your use of the Services will comply with all applicable laws and regulations, including without limitation, all applicable anti-spam and privacy laws (collectively, the “Regulations”). For greater certainty, the Regulations may include depending upon your use of the Services, but will not necessarily be limited to, CAN-SPAM, CASL, and GDPR. You will be solely responsible for determining whether the Services as used by you comply with the Regulations, and you acknowledge and agree that MAILERKIT will not be liable for any use of the Services by you that violates the Regulations.

General Email Rules

You agree to adhere to the following rules when using the Services:

- All of your contacts/recipients that you are emailing with the Services must have given explicit consent to receive emails from you. This can be done when adding contacts via our dashboard or our API. We require that all contacts that you intend to send commercial bulk emails to must have been obtained via “double opt-in” measures and by using our Services you are confirming this. Our web forms use “double opt-in” subscription. For more information on this topic see some resources below: - Do not send unsolicited email (i.e. “spam”). That means that you are not allowed to send email other than Transactional Messages (as defined in the Terms of Use) unless the recipients have validly consented to receive communications from you. - Do not send email to purchased, rented or third-party email lists of any kind. - Do not use false or misleading header information. Your “From,” “To,” “Reply-To,” and routing information – including the originating domain name and email address – must be accurate and identify you. - Do not use deceptive subject lines or re-direct links to sites and pages that are not relevant to the content of your email. - Your email must include a clear and conspicuous unsubscribe link in a form acceptable toMailerkit that directs throughMailerkit’s hosted email platform. Each link must remain valid for at least 60 days after your email is sent, and you must not remove or disable such a link. - You must honor opt-out requests promptly (no later than 10 business days after receiving the request), and you must be able to process opt-out requests for at least 60 days after your email is sent. - You must accurately identify yourself in your email and include your valid physical postal address and email address (or telephone number) by which you can be contacted. The information must remain valid for at least 60 days after your email is sent. - If you send advertisements, you must clearly and conspicuously identify your email as advertisements.

Prohibited Content

You agree that you will not use the Services to send an email that contains, offers, promotes, references or links to any information or content related to the following:

  • Defamatory or libelous information or content;
  • Pornographic, sexually explicit or otherwise adult-oriented information or content;
  • Vulgar, obscene, profane, offensive, abusive, or threatening information or content;
  • False, misleading, inaccurate or deceptive information or content;
  • Information or content that is discriminatory, racist, or promotes violence against any individual or group;
  • Information or content that infringes or misappropriates the intellectual property or other proprietary rights of any third party;
  • Viruses or programming routines intended to damage, surreptitiously intercept or expropriate any system, data or information;
  • Hacking, software piracy, spyware, surveillance, interception or descrambling equipment, phreaking, emulators, or illegal file sharing activity;
  • Information or content contrary to any applicable laws or regulations; or
  • Information or content otherwise deemed by MAILERKIT to be unsuitable or harmful to MAILERKIT, the Services or MAILERKIT’s affiliates, partners, customers or users.

Prohibited Products & Services

You agree that you will not use the Services to send an email that contains, offers, promotes, references or links to any of the following products, services or content:

  • - weaponry, firearms, ammunition, fireworks, or explosives;
  • - hazardous materials or hazardous substances;
  • - multi-level marketing or affiliate marketing;
  • - work from home, make money online and internet lead generation opportunities;
  • - casino or online gambling;
  • - foreign exchange programs and software (FOREX);
  • - stock trading software;
  • - “get rich quick” schemes;
  • - the loan, credit card or banking;
  • - pharmaceuticals;
  • - instant weight loss schemes;
  • - predatory publishing; or
  • - data selling services such as email lists, phone numbers, etc.
  • Zero-Tolerance SPAM Policy

    MAILERKIT has zero-tolerance for Clients sending unsolicited e-mail, unsolicited e-mailing, and SPAM. "Safe lists," purchased lists, and selling of lists will be treated as SPAM. Any Client who sends out SPAM will have their account terminated, and may be terminated without notice. Additionally, Clients who engage in unsolicited mailing will, at MAILERKIT ’ own discretion, be charged a consulting fee of two hundred fifty dollars ($250) per hour for any remedial actions that MAILERKIT elects to take in the event that, as a result of a Client's activities, MAILERKIT servers or IP space are placed in any third-party mail filtering software or blackhole lists.

    To protect the IP reputation of our network, and as a proactive measure to prevent our IP space from being used to distribute unsolicited e-mail, MAILERKIT reserves the right to apply an SMTP filter as a precaution to accounts flagged by our Abuse Team. As long as this filter is in place, all active or newly-ordered services across the Client’s account will be placed under this filter. ​

    To have this filter lifted, MAILERKIT would require the Client to pay a deposit of up to two hundred fifty dollars ($250) per server in order to be allowed to send emails. Should any SPAM complaints be received after the filter had been lifted, it would immediately be re-applied to the client’s account. So long as no SPAM complaints have been received, the deposit will be refunded upon request at the time of cancellation.

    Backups and Data Loss

    Your use of MAILERKIT Services is at your sole risk. MAILERKIT servers are setup with RAID to constantly mirror all data to a second disk. MAILERKIT is not responsible for files and/or data stored on MAILERKIT servers. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Mailerkit servers. MAILERKIT does not take backups of any kind of customer data, customer's are responsible for managing and backing up their own data.

    2. Use License Permission is granted to temporarily download one copy of the materials (information or software) on MAILERKIT’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on MAILERKIT's web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server. This license shall automatically terminate if you violate any of these restrictions and may be terminated by MAILERKIT at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

    3. Disclaimer The materials on MAILERKIT’s web site are provided “as is”. MAILERKIT makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, MAILERKIT does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

    4. Limitations In no event shall MAILERKIT or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on MAILERKIT’s Internet site, even if MAILERKIT or a MAILERKIT authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

    5. Revisions and Errata The materials appearing on MAILERKIT’s web site could include technical, typographical, or photographic errors. MailerKit does not warrant that any of the materials on its web site are accurate, complete, or current. MAILERKIT may make changes to the materials contained on its web site at any time without notice. MAILERKIT does not, however, make any commitment to update the materials.

    6. Links MAILERKIT has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by MAILERKIT of the site. Use of any such linked web site is at the user’s own risk.

    7. Site Terms of Use Modifications MAILERKIT may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

    8. Governing Law Any claim relating to MAILERKIT’s web site shall be governed by the laws of India without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

    This website in no way is affiliated with facebook or any facebook entities. Once you leave facebook the responsibility no longer is on their site. We make every attempt to clearly state and show all proof. We do not sell your email or any information. CAN-SPAM compliant. If you have any questions please feel free to contact us here. All trademarks and logos are the property of their respective owners. This site and the products and services offered on this site are not associated, affiliated, endorsed, or sponsored by any business listed on this page nor have they been reviewed tested or certified by any other company listed on this page. The results shown are not typical and results will vary based on your market, your efforts, competition and many other factors outside of our control.

    Account Suspension or Cancellation

      We reserves the right to suspend your account any time for any reason. If we suspect that your account is being used in contravention of this Acceptable Use Policy or otherwise in a manner that is harmful toMailerkit or the Services, we may restrict your access or use of your account, including by suspending or canceling your account. Here are some examples of some reasons why we might take action against your account:
    • - we have received a high volume of complaints regarding an email sent from your account. Complaints are tracked when recipients mark your email as junk or spam;
    • - your account has sent a high volume of email to invalid email addresses; or
    • - our internal spam prevention measures have identified email sent from your account as being in contravention of this Acceptable Use Policy.