The purpose of these Terms is to introduce the basic terms and conditions of our services. MailNom is a service that provides people with a means to collect email addresses and to create, send and track email promotions (“Service”). This service may not be used for the sending of unsolicited email (“spam”).
Please note that throughout these Terms, “we,” “us,” and “our” refer to MailNom, and “you,” “your,” and “yours” refer to the user.
Acceptance of Terms
To use our Service you must:
- be at least eighteen years old,
- provide accurate contact and billing information,
- agree with these Terms and Anti-Spam Policy, which forms part of these Terms.
By signing up, using the site or mobile app, you accept these terms and conditions and warrant that you meet all the requirements listed in this document, and that you won’t use the Service in a way that violates any laws or regulations.
- You are not allowed to send spam. Please read our Anti-Spam Policy below for more information;
- Your email lists must be permission-based subscriptions;
- Your use of our Service have to comply with all applicable laws and regulations;
- You are not allowed to use our tracking/campaign preview links when sending emails with other services than ours.
If you violate any of these rules, we may suspend or terminate your account.
- Payment is made until provision of Service. The payment period is one month when you order a monthly plan or one year when the annual plan is ordered. Payment can be settled by credit or debit card.
- The rates for Service and additional services provided by us are listed at mailnom.com.
You acknowledge and agree that MailNom may occasionally send you communications regarding your account or the Service via email.
Accounts, passwords and security
You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your username.
Appropriate email practices
All email lists contained and sent to using Service must be permission-based subscriptions. It is absolutely not acceptable or allowable to use a list that has been purchased, rented or from a third-party.
Emails are only sent to recipients who have given their consent to receive these emails according to applicable laws and regulations (e. g. General Data Protection Regulations (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data); or according to section 7, paragraph 2, number 3 UWG (Act Against Unfair Competition) – (opt in) – or have a business relationship with the advertiser, and the conditions according to article 13 section 2 of the European Parliament and Council Directive 2002/58/EU on Privacy and Electronic Communication are met, and etc.).
Consent to receive advertisements through email has to be given separately. The recipient must either click/mark a box or otherwise give a comparatively clear declaration of consent to receive advertisements via email. This declaration may not be part of other declarations (such as agreeing to terms and conditions).
The recipients must give their consent actively through a conscious act. Pre-clicked/pre-marked boxes may not be used.
The option to revoke consent at any time with future effect must be clearly and explicitly indicated at the time of obtaining consent. This must also contain information as to how consent may be revoked and with whom. The option to revoke consent may not be more complicated than the obtaining of the consent. Revoked consent must be implemented after five (5) working days at the latest.
The contracting entity – that means the contracting partner of the sender of an advertisement must be clearly recognizable. Every sent email shall contain an easily noticeable ‘about us’; either in the text or through a direct link. It must be complete to the extent permitted by applicable law. The ‘about us’ section shall contain the following information:
- Name and address of the sender, for legal entities in addition to name and address the legal form of the entity, authorized representative and the Commercial Registry, Association Registry, Partnership Registry or Cooperative Society Registry they are registered with, as well the appropriate registration number.
- Contact information, at least a valid telephone number or an electronic contact form, as well as email address.
- Each email must contain an option to withdraw permission to send any further emails. Cancellation must be possible for the recipient, without having to know access data (such as login/password). Exceptions may be admissible in single cases as special cases occur in the administration of the offering party. Cancellations must be processed promptly.
- Neither the sender nor the commercial character of the message may be obscured or concealed in the header or the subject header of the email. Obscuring or concealing is taking place when the header and subject header are composed in such a way that the recipient cannot get any or can get only misleading information about the actual identity of the sender or the commercial nature of the message before the message is opened and read.
- The sender must remove email addresses from the mailing list after three hard bounces.
- The customer has to name a contact (name/phone number/e-mail address) for complaints. Response time for complaints must not exceed 24 hours on business days.
- When using email addresses that the sender or his/her customers received from third parties, the sender or his/her customer is obligated to make sure before the advertisement action is taken that only recipients who have given their consent according to these criteria are emailed; a consent that not only refers to mailings sent by a third party but also by the sender himself or the sender’s customer.
- The retrieval of address data for third parties (such as through co-sponsoring) should be transparent to the user. More so, address data retrieved in such a way should only be used for a mailing if:a) the companies for which the address data is generated were named individually, transparently and categorized by industry;b) users were able to easily access the list of companies;c) the number of companies or persons for whom the address data was collected is reduced in a way that excludes the forwarding of user data to an unreasonably large circle of third parties and that allows the user to easily comprehend the consequences and the extent of his consent as well to easily control the legal handling of his data.a) the companies for which the address data is generated were named individually, transparently and categorized by industry;
For clarification purposes we would like to point out that the companies for which the address data is generated may not forward this address data to third parties without a special consent from the user to do so.
We allow sending only relevant content, which is requested by subscribers and corresponds to the CAN-SPAM Act. You can’t send pornography, affiliate marketing, pyramid schemes, MLM, “Get Rich Quick”, Forex, Escort services, gambling, weight loss material, mobile unlocking services or offer illegal goods and services. You are also not allowed to send content that encourages discrimination, bullying or actions that could impose health-risk, such as anti-vaccination material.
You can send newsletters using MailNom only if the content is created by you or you have the right to use it. You represent and warrant that you either own or have permission to use all of the material, content, data, and information, including your personal information and the personal information of others, you submit to MailNom in the course of using the Service.
Affiliate Marketing and Affiliate Links
Affiliate Marketing and Affiliate Links are two different things. Affiliate Marketing is prohibited in MailNom, but Affiliate Links are fine in most cases.
- Affiliate Marketing (Prohibited) – is a type of business where you earn a commission by promoting other company’s products. We don’t allow this activity, because there’s no direct relationship between you and your subscribers. You are not allowed to send unrelated offers to your subscribers or pretend to be another brand.
Multiple account abuse
Creating multiple accounts with overlapping uses (similar email content, same links) or in order to evade the permanent suspension of a separate account is strictly forbidden.
Limitation of Liability
In no event shall MailNom be liable or responsible in any way in relation to the contents and use of, or differently in connection with this website or mobile app, or for any indirect, special, incidental or consequential damages (including but not limited to loss of use, loss of profits, revenue, income or anticipated savings, business losses, loss of reputation or goodwill, loss of contracts or business relationships, or loss and/or corruption of information or data) whether in an action in contract, equity or otherwise, arising out of or in any way connected with the use of or inability to use this site or mobile app or the materials therein or resulting from unauthorized access to or alteration of data. We won’t be held liable for any delays or failure in performance of any part of the Service if it is prevented or delayed in performing those obligations by an event of force majeure circumstances.
Termination of Service
The term of Service will continue for as long as you have a MailNom account or until you or we terminate it.
We reserve the right to terminate your account at any time with or without cause. You also have the option of canceling your account at any time without penalty. In the event of account cancellation you will lose all data related to Your account.
We may, at our sole discretion, offer refunds in other situations subject to any member seeking such refund applying for the refund in accordance with the requirements we post on the website or in the mobile app, which may be changed from time to time.
You may not cheat by deleting subscribers and uploading new ones in order to send newsletters to more unique users than your plan allows. Emails are unlimited in all plans but the number of subscribers is limited. You must upgrade your plan if you want to add new subscribers to your account.
MailNom claims no intellectual property rights over the material you provide to the Service. You acknowledge that MailNom owns all right, title and interest in and to the Service, including without limitation all intellectual property rights, and such rights are protected by international intellectual property laws. You agree that you will not copy, reproduce, alter, modify, or create derivative works from the Service.
Refer a friend
All MailNom customers have a referral dashboard, which allows you to invite other people to sign up for MailNom and get a designated credit.
When a new user visits MailNom website via your referral link and signs up (within 30 days from the first visit) our system instantly identifies your referral. The user will get a designated credit immediately and you will be rewarded with a credit as soon as he or she upgrades.
Credits will automatically be applied when you buy or upgrade your MailNom plan. Up to 50% of the total cost can be covered by credits. The other 50% has to be paid in real money. If your credits exceed the limit, they will be saved to be applied to the next payment.
Credits cannot be exchanged for real money.
What is SPAM?
Spam is any email you send to someone who hasn’t given you their direct permission to contact them on the topic of the email.
When you send an email to someone you don’t know, that’s an “unsolicited” email. Sending one unsolicited message to someone is obviously not spam. But when you send an unsolicited email to an entire list of people you don’t know, that’s spam.
What kind of email addresses are OK to send to with MailNom?
To send email to anyone, you need to have their permission. This could be done through:
- An email newsletter subscribe form on your web site.
- An opt-in checkbox on a form. This checkbox must not be checked by default, the person completing the form must willingly select the checkbox to indicate they want to hear from you.
- If someone completes an offline form like a survey or enters a competition, you can only contact them if it was explained to them that they would be contacted by email AND they ticked a box indicating they would like to be contacted.
- Customers who have purchased from you within the last 2 years.
What kind of email address ARE NOT OK to send to with MailNom?
You can’t import or send to any email address which:
- You do not have explicit, provable permission to contact in relation to the topic of the email you’re sending.
- You bought, loaned, rented or in any way acquired from a third party, no matter what they claim about quality or permission. You need to obtain permission yourself.
- You haven’t contacted them via email in the last 2 years. Permission doesn’t age well and these people have either changed email address or won’t remember giving their permission in the first place.
- You scraped or copy and pasted from the web. Just because people publish their email address doesn’t mean they want to hear from you.
What content MUST I include in my email?
Every email you send using MailNom must include a single-click unsubscribe link that instantly removes the subscriber from your list. Once they unsubscribe, you can never email them, unless they resubscribe again.
We reserve the right to suspend your account immediately and start investigating your activity if your campaigns have high percentage of spam complaints (more than 0.2%), bounces (more than 5%), unsubscribes (more then 1%) or very small open rate (less than 3%). If it turns out that you were sending emails without permission – we will terminate your account. We can ask you to prove that you have permission from your recipients and we can close your account if you do not have such proof. Otherwise, we will activate your account and you will be able to use the service again.