Terms and Conditions
Terms of Use
By accessing and using SMTPWIRE, you are agreeing to comply with and be bound by these Terms and Conditions. Please review them carefully. If you do not agree with any part of these terms, you should not use SMTPWIRE and should exit the platform immediately.
Intellectual Property
All content provided through SMTPWIRE, including but not limited to text, graphics, logos, button icons, images, and software, are the property of SMTPWIRE and are protected by copyright and other intellectual property laws. You are granted a limited, non-transferable license to use SMTPWIRE and its services in accordance with these Terms. This license is conditional upon your compliance with the terms outlined here and any applicable agreements between parties.
Usage Rights
Subject to the terms and conditions set forth in this agreement, SMTPWIRE grants you a limited, non-transferable right to use our platform and services for your personal or business purposes.
Restricted Actions
You are not permitted to copy, distribute, display, or reproduce any content from SMTPWIRE unless explicitly authorized. Modifying, performing, reproducing, publishing, creating derivative works from, or selling any content or services from SMTPWIRE is prohibited. Additionally, you may not "frame" or use any content from SMTPWIRE on any other website or platform without express permission.
If you violate these intellectual property terms, SMTPWIRE reserves the right to take legal action and suspend or terminate your access to the platform.
Spam Prevention Policy
SMTPWIRE has a strict anti-spam policy. We only allow double opt-in subscriber lists for mailing. To prevent spam, we require verified mailing signatures. Please ensure your mailings are free from spam to maximize the effectiveness of your campaigns.
Account Termination Guidelines
- Accounts with more than one spam complaint per 1000 messages will be suspended.
- Bounce rates exceeding 5% will result in account suspension.
- Users must adhere to the CAN-SPAM Act. Learn more here.
- Accounts containing unsubscribed email addresses will be suspended.
- Adult content, including gambling or money-making offers, is prohibited.
- No Unlawful or Prohibited Use
- As a condition of your use of SMTPWIRE, you agree not to engage in any unlawful or prohibited activity. Any violation of these terms will result in immediate termination of your account.
- Use of SMTPWIRE at Your Own Risk
- SMTPWIRE is not responsible for any consequences arising from your use of the platform or services. You acknowledge that you use SMTPWIRE at your own risk.
User Suggestions and Submissions
By submitting suggestions or ideas to SMTPWIRE, you agree that such materials will become the property of SMTPWIRE. SMTPWIRE is under no obligation to compensate you for such submissions and can use your ideas at its discretion.
SMS Marketing Disclaimer
SMTPWIRE is solely responsible for providing software and services related to email marketing. We are not liable for any consequences arising from the use of our email marketing services, including any errors or inaccuracies in transmitted data. Any responsibility for the content of emails lies with the sender.
Reseller Program
SMTPWIRE offers a reseller program under a principal-to-principal basis. SMTPWIRE is not liable for any commitments or terms made beyond the terms of this agreement by resellers.
Anti-Spam and Abuse Policy
You agree to the following:
- Spam Definition: We adopt the definition of spam outlined on Spamhaus. Spam refers to unsolicited bulk emails (UBE), which we prohibit.
- Permission Lists Only: You may only use SMTPWIRE to send emails to individuals who have given explicit consent or have an ongoing business relationship with you.
- Consent Given: You have written or electronic consent within the last 12 months, or you have previously sent emails without objections within the last 12 months.
- Sale/Negotiation: Emails may be sent to individuals who have purchased or negotiated to purchase products/services from you within the last 12 months.
- No Purchased or Rented Lists: You must not use purchased, rented, or third-party lists. All recipients must have explicitly opted in to receive communications.
- Clean Your List: Regularly clean your contact list to remove inactive or outdated addresses. Sending to poor-quality lists may lead to high bounce rates and account suspension.
- Prohibited Content and Industries: You may not send emails related to illegal activities, adult content, or services promoting questionable or high-risk industries, such as gambling, multi-level marketing, or credit repair.
Eligibility
- To use SMTPWIRE, you must:
- Be at least 18 years old and able to form legally binding contracts.
- Provide accurate and up-to-date registration information.
- Agree to the terms outlined in this agreement.
- SMTPWIRE reserves the right to refuse service or terminate accounts for any user who does not meet these eligibility requirements.
Data Archival and Retention
We archive old data to maintain server performance. For pay-as-you-go accounts or free accounts, any list not used within 12 months will be archived. We recommend staying in regular contact with your lists to maintain their relevance.
Bandwidth and API Usage
SMTPWIRE provides image hosting for email campaigns. Misuse of this service for non-email purposes will lead to image removal and potential account suspension. API users are required to maintain efficient usage to avoid throttling or suspension.
Mass Mailing and Abuse
Unsolicited email advertising is strictly prohibited. If detected, your account may be suspended or terminated without prior notice and without refund.
Spam-Related Issues
To ensure optimal delivery, you must comply with anti-spam regulations. Abusive practices will result in account suspension to protect our deliverability and system integrity.
Right to Review Email Campaigns
At SMTPWIRE, we take the integrity of our system seriously. To maintain high deliverability and security standards, we, including our employees and independent contractors, reserve the right to monitor email campaigns sent via our platform. This may involve copying and transmitting campaign content for the purpose of developing algorithms, heuristics, and other tools (“Tools”) designed to efficiently detect potential issues with accounts. These tools, in combination with manual review, help us identify users who violate our Terms of Service or applicable laws.
Feedback Loops with ISPs
SMTPWIRE has been delivering email since 2001 and has established trusted relationships with many major ISPs. We work closely with ISPs to maintain our reputation and ensure high deliverability. We are part of feedback loops (FBL) with the following ISPs and anti-spam organizations:
- AOL
- Yahoo
- Comcast
- EarthLink
- Hotmail/MSN
- Roadrunner
- Outblaze
- United Online (Juno/NetZero, etc.)
- SpamCop
When a recipient marks an email as spam by clicking the “this is spam” button in their email program, an FBL report is sent to us. We analyze the data, trace the source of the complaint, remove the complainant from the sender’s list, and track further complaints about that campaign. If complaints exceed a reasonable threshold based on list size, we take appropriate action, which may include suspending or permanently terminating an SMTPWIRE account to maintain the health of our servers and protect our reputation.
To avoid these issues, please carefully review sections 11(d), (e), and (f) of our Terms.
Reporting Abuse
We take reports of abuse seriously. If you believe you have received spam from an SMTPWIRE user, please report it to us immediately. You can submit your report using our designated reporting page.
Reporting Bad Senders
Every campaign sent through SMTPWIRE includes an embedded Campaign Tracking ID (CID) in the email’s header. This makes it easy for recipients to report suspected spam.
If you receive a campaign without a CID, it did not originate from SMTPWIRE. It may have been spoofed to appear as though it came from us, which can happen occasionally online.
Liability Disclaimer
SMTPWIRE makes no representations about the suitability of the contents or services offered on our platform for any particular purpose. All content and services are provided "as is," without any warranty of any kind. We expressly disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
In no event shall SMTPWIRE be liable for any direct, indirect, incidental, special, punitive, or consequential damages arising from the use or inability to use our platform, or for any information or service obtained through SMTPWIRE, or otherwise arising from the use of SMTPWIRE, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so this limitation may not apply to you.
Links to Other Websites
SMTPWIRE may include links to other websites that we believe may be of interest to you. However, these sites are not under our control, and we are not responsible for the content of any linked sites. We do not necessarily endorse the companies or products to which we link. You access any third-party sites linked to SMTPWIRE at your own risk. Please refer to our Privacy Policy for more information.
Indemnification and Hold Harmless
By using SMTPWIRE, you agree to indemnify and hold harmless SMTPWIRE, its owners, affiliates, and agents from any liability, loss, claim, or expense arising out of your use of our platform. This includes, but is not limited to, any violation of the Terms of Service, infringement of intellectual property, or violation of other rights of any third party.
You also agree that any information, data, or product delivered to third parties through the use of SMTPWIRE is your sole responsibility.
SMTPWIRE Operates Solely in India
Due to the uncertainty and lack of uniformity in laws across different countries, you acknowledge that SMTPWIRE operates solely in India. By using SMTPWIRE, you are accessing the platform as an agent from within India. All services, operations, deliveries, and interactions with SMTPWIRE occur within India.
Dispute Resolution
Since SMTPWIRE operates solely in India, this agreement is governed by Indian law. Should a dispute arise, it must be resolved in a court located in Jaipur, India, within one year from the date the claim arises. If you bring legal action against SMTPWIRE and do not prevail, you agree to pay for our legal costs, including attorney fees.
If SMTPWIRE is required to enforce this agreement or protect its rights, we may send legal notices via electronic mail to the address provided by you. Failure to insist on strict enforcement of any part of this agreement does not waive our right to enforce it in the future. If you request a refund, SMTPWIRE reserves the right to deduct any setup and service charges. Refunds will be processed within 45 days.
Changes to This Agreement
SMTPWIRE reserves the right to modify this agreement at any time. Modifications will take effect immediately upon posting. The modified agreement will indicate the last updated date at the top. You agree to review this agreement periodically to ensure you are satisfied with the terms. Continued use of SMTPWIRE after modifications constitutes acceptance of the revised terms.
Security Information
SMTPWIRE takes security seriously and uses industry-standard Secure Sockets Layer (SSL) technology to protect sensitive information, including credit card details. You can view our full Privacy Policy for further information.
