The short version of the Terms of Service is this:
Megoya.com is for communication with your clients or subscribers for transactional based email (account signups, order confirmations etc.) or for specifically requested mail such as a corporate newsletter. Do not import or send to purchased email lists, or lists obtained from sources where the user did not explicitly request to receive email from your company. All mail that is sent from Megoya.com must be CAN-SPAM compliant and also CASL compliant. There are several types of mail we do not send at all, please see Section 7 below.
Megoya.com is not for the delivery of Unsolicited Bulk Email, or Unsolicited Commercial Email (otherwise known as spam). Megoya.com monitors all email on our network. If it appears a campaign may damage our network reputation your email will be throttled, and in some cases may be stopped completely. We do this to protect your reputation, and ours. If this happens, there will not be a refund on the email credits. If you are importing or sending to a questionable list or sending questionable content be aware that you are doing so at your own risk.
If you are sending a marketing campaign ensure you follow the following rules:
Don’t 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 the person or business who initiated the message.
Don’t use deceptive subject lines. The subject line must accurately reflect the content of the message.
Identify the message as an ad. The law gives you a lot of leeway in how to do this, but you must disclose clearly and conspicuously that your message is an advertisement.
Tell recipients where you are located. Your message must include your valid physical postal address. This can be your current street address, a post office box you have registered with the your Postal Service, or a private mailbox you have registered with a commercial mail receiving agency established under Postal Service regulations.
Include an easy to use, easy to see, one-click unsubscribe link. Your message must include a clear and conspicuous explanation of how the recipient can opt out of getting email from you in the future.Your best option is to use the Megoya.com unsubscribe link: http://support.Megoya.com/kb/general-faq/how-can-i-insert-an-unsubscribe-link-into-my-emails
Honor opt-out requests promptly.
The Legal Version
The following terms and conditions govern all use of the Megoya.com website and all content, services and products available at or through the website, including, but not limited to, sending email through the Megoya.com API. The Service is owned and operated by Megoya.com., Alberta, Canada.
Your Megoya.com account. If you create an online account on Megoya.com, you are responsible for maintaining the security of your account and the API key assigned to you, and you are fully responsible for all activities that occur under the account and API Key and any other actions taken in connection with your account or the use of the API by that account or API Key.
Disclaimer of Warranties. The Service is provided “as is”. Neither Megoya.com. nor its suppliers and licensors, make any warranty that this Service or the email delivery API will be error free or that access thereto will be continuous or uninterrupted. You understand that you utilize the API, or otherwise obtain content or services through, this website and API at your own discretion and risk.
Limitation of Liability. In no event will Megoya.com or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interuption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Megoya.com. under this agreement during the twelve (12) month period prior to the cause of action.
Fees and Payment. Buying Megoya.com credit for your account is possible through the Service. All credit payments will immediately be added to your API credit balance. All Megoya.com credit is non refundable. Credit expires after 1 year of no activity on your account.
Termination. Megoya.com. has the right to, at Megoya.com's sole discretion (i) refuse or send any emails that, in Megoya.com's opinion, violates any Megoya.com policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Service and API to any individual or entity for any reason, in Megoya.com's sole discretion. Any account which is inactive for more than one (1) year will be automatically terminated. Megoya.com will have no obligation to provide a refund of any amounts previously paid.
Email Policy. You will ensure that all email and other communications generated or sent by you do not include or display any information or content that contains, promotes, references, or links to:
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
weaponry, firearms, ammunition, fireworks, or explosives
false, misleading, inaccurate or deceptive information or content
unlawful or illegal information or content
information or content that is discriminatory, racist, or promotes violence against any individual or group;
infringements or misappropriations of the intellectual property 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
alcoholic beverages, pharmaceuticals, tobacco and tobacco-related products, illegal drugs, or drug paraphernalia
hazardous materials or hazardous substances
or information or content otherwise deemed unsuitable to Megoya.com or harmful to the reputation of Megoya.com or its affiliates, partners, customers and users.
In addition we do not permit the following commercial email content or email marketing:
work from home, make money on online opportunities, internet lead generation etc.
casino or online gambling of any sort
foreign exchange programs and software (FOREX)
stock trading software
list selling services
Email List Policy. You will ensure that all email addresses which you relay email to through Megoya.com are “Double Opt-In” email addresses. Other terms for “Double Opt-In” are: “Confirmed Opt-In” or “COI” and “Double Opt-In Confirmed Opt-In”.
“Double Opt-In or “Confirmed Opt-In” Defined:
receiving the email address to be added to the list
quarantining the email address (not adding it to the mailing list)
sending a single email to the quarantined email address, which email requires that the owner of the quarantined email address take some affirmative step (such as clicking on a link, replying to the email, or submitting a payment) to confirm that they want their email address added to the list
if, and only if, the owner of the email address affirmatively confirms that they want their email address added to the mailing list, then the email address is taken out of quarantine and added to the mailing list
Note: “Double Opt-In” or “Confirmed Opt-In” is considered the best practice, or “gold standard”, if you will, and is the one that we most strongly recommend you use. You must be able to provide confirmation of using "Double Opt-In" email addresses upon request.
Changes. Megoya.com reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service and API following the posting of any changes to this Agreement constitutes acceptance of those changes.
Jurisdiction. The laws of Alberta, Canada, will apply to any disputes arising out of or relating to these terms or the Services. All claims arising out of or relating to these terms or the Services will be litigated exclusively in the federal or state courts of Edmonton, Alberta, Canada and you and Megoya.com consent to personal jurisdiction in those courts.
Extent. This Agreement constitutes the entire agreement between Megoya.com and you concerning the subject matter herein and pertaining to services as outlined on the website Megoya.com.