Terms & Conditions

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEB SITE AND TO THE PRODUCTS. BY USING THIS WEB SITE OR THE PRODUCTS, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE, THEN DO NOT USE THIS WEB SITE OR THE PRODUCTS/SERVICE.

Emergic Mass Mail provides small businesses and organizations with tools and resources to create, launch, and manage online email campaigns (the "Email Marketing Product"). The Email Marketing Service , EMM should not be used for the sending of unsolicited email (sometimes called "spam"). See our Anti-Spam Policy, which is incorporated into these Terms and Conditions of Use by reference.

1. Representations and Acknowledgments

Subject in each case to the terms listed in the remainder of this Agreement (as defined in Section 3 below), you hereby represent, acknowledge and agree that:

• EMM should not be used for the sending of unsolicited email (sometimes called "spam").
• EMM may only be used for lawful purposes.
• EMM is prepaid/postpaid model on the chosen slab of data transfer, EMM Service doesnot stop you from sending mails on overages beyond the subscribed data transfer but agrees to renew the slab of data transfer and pay relevant fees as per Pricing structure of this service.
• You agree you will not access or otherwise use third party mailing lists or otherwise prepare or distribute unsolicited email, in connection with the EMM.
• You agree to import, access or otherwise use only lists for which all listed parties have consented to receive correspondence from you ("Permission Based Lists") in connection with your use of the Products. Mere agreement of a person or entity to participate in a survey is not consent to receive correspondence from you. For respondents to your surveys, consent to receive other correspondence is evidenced by the respondent opting into the "Join My Mailing List" link in the course of responding to your survey. You hereby covenant that you shall not use any other lists in connection with your use of the EMM.
• You acknowledge and agree that not all email messages sent through use of the EMM will be received by their intended recipients or be treated as spam.
• Mail Delivery to servers which throttle connection not guaranteed and will bounce back on queue life time expiry. Queue life time being Max upto 36 hours.
• Every email message sent by you in connection with the EMM must contain the "unsubscribe" link that allows the recipient to remove themselves from your mailing list.
  • Senders identity should not be concealed and all the contact details should be explicityly mentioned in the mail for the recipient to contact the sender.
  • If Recipient of your bulk mail, reports it as spam to RBL List, your account will be terminated immediately and all related data will be purged.
  • If recipient request for removal of recipient id from your bulk mail list , customer agrees to remove that id and ensure that no bulk mail is sent henceforth.
  
  
• You will comply with the restrictions on content of email messages and activities using the EMM as set forth or referenced in this Agreement.
• You acknowledge and agree that you are the sole or designated "sender" (as such term is defined in the CAN-SPAM Act of 2003 and any rules adopted under such act) of any email message sent by you using the EMM.
• You agree that the "from" line of any email message sent by you using the Service will accurately and in a non-deceptive manner identify your organization, Senders identity, your product or your service.
• You agree that the "subject" line of any email message sent by you using the EMM will not contain any deceptive or misleading content regarding the overall subject matter of the email message.
• You will adopt and maintain the Privacy Policy, which may be modified by EMM from time to time.
• If you are accessing or using the Products through a third party service or web site ("Third Party Service"), you will abide by these Terms and Conditions of Use regardless of anything to the contrary in your agreement with such third party. You shall not use such Third Party Service to avoid the restrictions set forth in these Terms and Conditions of Use.
• Customer is requested to undertake free trail evaluation prior to purchase of BRMS, After procurement no refund will be paid under any circumstances, including termination due to violation of said Terms & Conditions / Anti Spam Policies.

2. Service and Support

The EMM are provided subject to these Terms and Conditions of Use, as they may be amended by Netcore Solutions Pvt. Ltd, and any guidelines, rules or operating policies that Netcore Solutions Pvt. Ltd. may establish and post from time to time (collectively, the "Agreement"), including without limitation Netcore Soltuion Pvt. Ltd customer Privacy Policy, as linked from all email generated from EMM or otherwise furnished to you (the "Policy") (unless otherwise stated, all references to the Agreement shall include the Policy). By posting updated versions of the Agreement on the exacttouch.com website, or otherwise providing notice to you, Netcore Solution Pvt. Ltd may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the EMM in its sole discretion. Except as otherwise provided in the Agreement, all such changes shall become effective upon the posting of the revised Agreement on EMM or at Netcore website (www.netcore.co.in) EMM is available only to persons who can form legally binding contracts under applicable law.If you are using EMM in your capacity as an employee, you must have the ability to bind your employer by your use of EMM. You shall provide true, accurate, current, and complete information about yourself as requested in the registration form. You may from time to time provide EMM Customer Support service personnel with remote access to your computers and other systems for the purpose of troubleshooting issues that arise in your use of the Service. You hereby waive any claim for damages from any problems that may arise from such access, including without limitation any disruption or damage caused by BMS or its personnel.

If you are accessing or using EMM through a Third Party Service, you agree and acknowledge that EMM is not responsible or liable for any actions of such third party or for any aspect or result of such Third Party Service. You use such Third Party Service at your own risk. You further agree and acknowledge that EMM may terminate such Third Party Service.s ability to interact with EMM at any time, with or without notice, and in EMM sole discretion, with no liability to you or the third party.

3. Free Evaluation Terms

Free Evaluation period is of 15 days , during this period customer is limited to create only two groups with upto 500 subscribers in each group similarly customer can create two personalized list with up to 500 subscribers in personalized list. Size of the mail is limited to 10 MB per mail.

Wrong Email Ids , Permanent Bounce back email/ Domain ID's , Unsubscribe Ids are deleted from uploaded list.

EMM reserves the rights to Grant " Free Evaluation "

4. Usage Terms

EMM Customers can use the service for a period of 1 year or till subscribed data transfer is consumed, which ever finishes first.

There is no limitation on no: of groups that customer can create per user , Each group should have maximum of 100000 Subscriber ids with not more than 10 % of Id's belonging to a particular domain.

Wrong Email Ids , Permanent Bounce back email/ Domain ID's , Unsubscribe Ids are deleted from uploaded list.

5. Email, Permission Practices, Image Hosting & Prohibited Content

Subscriber Opt Out. Every email message sent in connection with the Products must contain an "unsubscribe" link that allows subscribers to remove themselves from your mailing list and a link to the then current Privacy Policy. Each such link must remain operational for a period of thirty (30) days after the date on which you send the message, and must be in form and substance satisfactory to EMM. You acknowledge and agree that you will not remove, disable or attempt to remove or disable either link. You shall monitor and process unsubscribe requests received by you directly within 1 days of submission, and update the email addresses to which messages are sent through your Bulk Mail Relay account. Under the CAN-SPAM Act of 2003, you acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests following termination of your account and this Agreement.

Permission Practices. You agree to import, access or otherwise use only Permission Based Lists in connection with your use of the Products. You hereby covenant that you shall not use any other lists in connection with your use of EMM. You agree not to send mails to recipients who have not granted explicit permission to receive mail from you. Without limiting the foregoing, you agree that you shall not utilize the Product to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act of 2003) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses. Emails that you send through EMM may generate spam complaints from recipients. As a matter of privacy, EMM cannot share with you the email addresses of those who complain about your email campaign. You are responsible for ensuring that your email campaigns do not generate a number of spam complaints in excess of industry norms. EMM , in its sole discretion, shall determine whether your level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive for all purposes under this Agreement. EMM will terminate your use of its EMM if EMM determines that your level of spam complaints is higher than industry norms.

Prohibited Content. EMM prohibits the use of the EMM or web site by any person or entity that:

• Provides, sells or offers to sell any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products, including but not limited to magazines, video and software; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
• Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
• Provides, sells or offers products, services or content frequently associated with unsolicited commercial email, a.k.a. spam, such as online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, work at home businesses, credit or finance management, including but not limited to credit repair and debt relief offerings and stock and trading tips, and mortgage finance offers,DJ/nightclub, event/club promotions/party lists, and odds making and betting/gambling services, including but not limited to poker, casino games, horse and dog racing and college and pro sporting events.
• Provides material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
• Posts or discloses any personally identifying information or private information about children without their consent (or their parents. consent in the case of a minor).
• Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
• Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
• Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses, including but not limited to personal work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings.
• Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
• Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
• Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.

Right to Disable Access. EMM, at its own discretion, may immediately disable your access to EMM without refund if EMM believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.

6. Restrictions and Responsibilities

No Rights in Software. This is an Agreement for services and access to this web site, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Products or any software, documentation, or data related to the Products ("Software"); remove any proprietary notices or labels from the Products or any Software, modify, translate, or create derivative works based on the Products or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Products or any Software or Service.

Unless you are an authorized reseller of EMM, you may not display, copy, reproduce, or distribute the Software, any component thereof, any documentation provided in connection with EMM or any content, including but not limited to newsletters, distributed to you by EMM in connection with EMM. Violation of these restrictions may result in the termination of this Agreement.

Compliance with Laws; Monitoring. As India does not specifically have Anti-spam law ,You shall use EMM only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and regulations thereunder and all other applicable U.S., state, local and international laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry laws). Although EMM has no obligation to monitor the content provided by you or your use of EMM, EMM may do so and may block any email messages, remove any such content or prohibit any use of EMM that EMM believes may be (or is alleged to be) in violation of the foregoing.

Indemnification. You hereby agree to defend, indemnify and hold harmless EMM and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you distribute using EMM or , (iv)otherwise arises from or relates to your use of EMM. In addition, you acknowledge and agree that EMM has the right to seek damages when you use EMM for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

7. Termination

You may terminate this Agreement at any time by Email to Sales or Customer Support at EMM. There are no refunds for any fees paid.

EMM may terminate this Agreement or the Products, disable your account or put your account on inactive status, in each case at any time with or without cause, and with or without notice. EMM shall have no liability to you or any third party because of such termination or action.

EMM may delete any of your data within 3 days after the date of termination and hold rights to restrict you from accessing the subscriber list.

8. Warranty Disclaimer; Remedies

USE OF BULK MAIL RELAY SERVICE AND ANY RELIANCE BY YOU UPON EMM, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. EMM DOES NOT WARRANT THAT EMM WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF EMM. EMM ARE PROVIDED "AS IS" AND EMM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of EMM shall be for EMM to use commercially reasonable efforts to adjust or repair the service.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL EMM OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "EMM") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF CONSTANT CONTACT SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, EMM IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF EMM TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE PRODUCTS IN THE TWELVE (12) MONTHS PRIOR TO THE ACCRUAL OF THE APPLICABLE CLAIM, LESS ANY DAMAGES PREVIOUSLY PAID BY EMM TO YOU IN THAT TWELVE (12) MONTH PERIOD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

10. Links to Third-Party Web Sites

This email sent using EMM may contain links to non-EMM web sites. These links are provided to you as a convenience, and EMM is not responsible for the content of any linked web site.

11. Username and Password

You are responsible for maintaining the security of your account, passwords, and files. EMM will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by email or by phone, or through a Third Party Service, if any, through which you access EMM. EMM has no knowledge of your organizational structure, if you are registering for EMM as an entity, or your personal relationships, if you are a person. EMM shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.

12. Miscellaneous

• If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.
• EMM and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
• No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind EMM in any respect whatsoever.
• In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.
• The Agreement shall be governed by the laws in India without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the s courts located in Mumbai, India.