Terms and Conditions

Terms of Use Mailkoot

This agreement puts forth terms of use by virtue of which you learn about the various terms that you need to keep in mind while using Mailkoot.com services. Your acceptance of the terms of use binds you [hereinafter named as ‘end user’, ‘You’ or ‘Customer’] legally to Mailkoot.com [hereinafter named as ‘Company’ or Mailkoot.com or Mailkoot Communications Pvt Ltd]. Mailkoot.com has every right to modify its terms of use whenever required and the modifications would come into effect only after the modified terms of agreement are posted.

By registering for the services offered by Mailkoot.com or using/accessing the Mailkoot.com services you are deemed to have read as well as understood the ‘term of use’ and its contents [hereinafter named as ‘agreement’]. This agreement equals to a written legal contract, read, understood and signed and binds you to each and every terms and conditions enlisted here.

As a user of Mailkoot.com services you agree upon reviewing this ‘Terms of use’ from time to time to keep yourself informed of any modification/deletion/addition to the agreement and your continued usage of Mailkoot.com services post modification would imply your acceptance of the modified version of the agreement.

Mailkoot.com services are a bunch of resources and tools for the creation, launching and management of marketing campaigns online. The following are the Terms of use of Mailkoot.com services and comes with any alterations/amendments thereto plus any policies or operating rules which could be published by Mailkoot.com periodically

Services and Support

  • The Services offered are subject to given terms and conditions plus any other operating policies that Mailkoot.com may put forth (the “Agreement”). Mailkoot may make needful alterations to the agreement anytime, and user’s continued use of Mailkoot products and services makes for the user’s acceptance of the alterations made. Also while using any specific Mailkoot.com service both Mailkoot and Customer would be subject to any rules or posted guideline pertaining to such service and that which is posted on a periodical basis.
  • The Mailkoot Services are meant for only those individuals who can enter into a contract with Mailkoot and the contract binding the individual legally to Mailkoot.com as per the norms of applicable law. Without restricting the foregoing, Mailkoot.com bar individuals below 18 years of age from using its services. Individuals who do not meet the above criteria, should not expect to use Mailkoot.com services
  • The Mailkoot.com Services encompass corporate websites, small business sites, and also the various community sites that function as major signup tools for visitors to websites, tools for collecting as well as retrieving sign-up data for website visitors, and tools for developing plus holding interactive, easy marketing communication with site visitors
  • Customer need to fill in a registration form accurately in order to have access to Mailkoot.com Services. Only current, accurate, complete and true info about customer needs to be filled into the form and requires updating from customer’s end from time to time in order to maintain its current status. As a step of the registration procedure, customer needs to identify his/her email id as well as a unique password for the customer’s exclusive Mailkoot.com account. It is the sole responsibility of the customer to maintain the security of his/her account with us especially with regard to account usage, unique password, files and exclusive services to which he/she alone is entitled. Mailkoot.com has every right to deny or cancel registration for an individual if situation demands.
  • This ‘Terms of use’ is an agreement that explains the terms customers need to abide by to use Mailkoot.com services and does in no way offer customer with license to any company software. Customer is strictly restricted from making any direct or indirect attempts to disassemble, reverse engineer, decompile, or otherwise make any effort to know underlying structure, algorithm, ideas, object code, source code of any company software or services. Furthermore customer is not allowed to make any attempts to know about service-related data or documentation; translate, modify, copy, pledge, distribute, assign, create derivatives or otherwise encumber or transfer rights to any software or service. Also customer cannot use company services, software for the purpose of service bureau, time sharing or for any third party benefit; nor can customer remove labels or the proprietary notices.
  • Customer warrants, covenants and represents that he/she will comply with Mailkoot.com privacy policies published on the company official site or otherwise furnished as ‘the policy’ to the customer and all other applicable laws [including but not alone limited to laws and policies pertaining to spamming, defamation, obscenity, privacy] while using the mailkoot.com services. Customer is not allowed to use any mailing lists of third party groups in association with creation or distribution of unsolicited emails to third parties. Customer hereby consents on indemnifying or holding Mailkoot harmless against liabilities, damages, losses, settlements, expenditures [including but not limited to any reasonable costs or attorney fees] in association with any claim or action that results from alleged violation of foregoing. Mailkoot.com does not bear any obligation whatsoever pertaining to the monitoring of content put forth by customer or his/her usage of Mailkoot.com services. However mailkoot.com may anytime monitor, remove certain contents, even restrict the use of certain services in case it holds it to be a clear violation of foregoing.
  • For each e-mail message that Mailkoot.com sends pertaining to its Services, Customer agrees as well as acknowledges that the Company Services shall be accompanied by a default identifying footer note that states ‘Powered by Mailkoot’ or any such similar auto message.
  • While using varied Mailkoot services and its features, Customer may be required to provide information (like name, registration info, contact info) to Mailkoot. Mailkoot may utilize this information or any other technical info regarding customer’s website usage or activities in order to offer customers with tailored services and products, in order to facilitate easy navigation of customer across the site, or to communicate with each individual customer separately. Mailkoot will not distribute customer information to other companies and also will not allow companies to sell or redistribute customer info without the prior consent of customer in case such info reaches other companies
  • Unless a customer is authorized specifically by Mailkoot.com he or she is not allowed to access the mailing lists of any third party group in relation to preparing of unsolicited emails or its distribution. He or she can only make use of the permission-based mailing lists. A mailing list is called a permission-based mailing list when each entity enlisted therein represents an individual or organization which has granted explicit permission to be the recipient of the customer’s emails. It is the customer’s sole responsibility to ensure that his/her do not produce spam complaints in numbers exceeding industry norms. Mailkoot exercises sole complete discretion in determining whether the percentage of the spam complaints abide by the limit set forth by industry norms and the determination of Mailkoot.com in this respect is conclusive, binding and final for each and every purpose falling under this ‘terms of use’ agreement. Mailkoot, if detects the spam complaint percentage to be higher than the level specified in industry norms may terminate the customer’s account and his/her facility of using Mailkoot services.

Termination

  • Customer if wishes can terminate these terms of use Agreement at any time by e-mailing to our support at support@mailkoot.com
  • Mailkoot too reserves every right to terminate the present Agreement or its products or Services any time with cause or without cause or any notice beforehand. And the company is not liable to any customer or third party group for such termination.
  • Post the expiry of contract between customer and Mailkoot or post termination of customer account, Mailkoot.com may not maintain the client lists plus data associated with that customer. Mailkoot will preserve these details only for a short spanned grace period facilitating the client’s easy transition. Every section of the given agreement which by virtue of their nature and type is ought to survive termination, will actually survive the termination, consisting in without limitations sections dealing with Limitations of Liability as well as Warranty Disclaimers.
  • If a client’s account shows no log-in activity for over 90 days, his/her account may turn inactive. In case Mailkoot.com, upon its sole discretion classifies an account as inactive, the company will send a notification email to the client. An account can again move to ‘active’ state from the inactive state and for this the time period allowed is 30 days exceeding which the account, all its data including also the results of signup campaign could be deleted permanently from the database of Mailkoot.com
  • For the active Mailkoot.com client accounts, Mailkoot shall preserve the data plus offer client access in association with campaign analytics on Mailkoot platform and even track reports with information such as ‘How many times a subscriber has opened an email’, information related to bounced mails, un-subscription spam complaints etc for a time span of 395 days (i.e. 13 months) counted from the very first day of the recent campaign.
  • If the active client wishes that Mailkoot should archive emailing data for a time period longer than the set rule for the purpose of statutory compliance or for the purpose of business analysis or maintain such data to facilitate online access, then the company will consider the client’s special request. However the client needs to pay the company an extra archival fee for this purpose. The fee that the client needs to pay is determined by the extra tenure until which data needs to be retained and the data volume that needs to be retained. Such requests once accepted as well as approved by the active clients of Mailkoot clients, will be processed within a span of 3-5 days week days and the data will now come with a highly secure, full-proof FTP Access.

Warranty Disclaimer

When a customer is using Mailkoot.com services, he/she is doing so at his/her own risk. Mailkoot never warrants that customers will enjoy error-free, uninterrupted services every time.; nor does the company make warranties pertaining to results arising out of the usage of Mailkoot services. The services here are offered ‘as is’ & Mailkoot.com clearly disclaim warranties of every kind, whether explicit or implicit, consisting in but not alone limited to implicit warranties related to merchantability plus appropriateness for any particular purpose as well as non-infringement.

Limitation of Liability

Notwithstanding anything or circumstances to contrary, except for cases of damage to tangible or real personal property or of personal injury occurring because of Mailkoot, Mailkoot plus its suppliers (including but not alone limited to all the property & equipment suppliers), affiliates, officers, employees, contractors and representatives cannot not be held liable for any direct or indirect, consequential or special damages stemming from any of the actions falling under the contract or otherwise, even in cases when Mailkoot has been made aware of any such damage potential or possibility.

Miscellaneous

  • If any of the provisions in the present agreement emerges as invalid or unenforceable, that particular provision will either be removed or limited only up to the needful minimum extent so that the rest of the agreement remains in full effect or force and is enforceable.
  • Both parties consent to the fact that the present Agreement is an exclusive as well as complete statement denoting mutual understanding between both the parties and supersedes plus cancels each and every oral and written agreement as well as communications done previously and that every modification or waiver hereafter should be in written form willfully signed by both the parties, except or otherwise presented
  • This agreement does not result in any sort of joint venture, partnership or employment and Customer cannot exercise any sort of authority to bind or control Mailkoot.com in any form
  • While initiating the procedure for enforcing rights enlisted in this agreement, prevailing parties would be entitled for recovering attorney charges and other costs.
  • Mailkoot has every right to modify its pricing plan and structure and customers will be sent an email notification in case of such modifications.