Fair Usage Policy
‘You’, ‘Your’ or ‘Customer(s)’ – An individual or legal entity who is visiting our website or consuming any service from Sociograph.
‘Sociograph’, ‘we’, ‘us’ or ‘our’ – Sociograph Solutions Private Limited
‘Sociograph Application’, ‘Service’, ‘Software’, or ‘Platform’ – Suite of applications made available at any of Sociograph’s websites or subdomains of these websites.
‘Subscription Service’, Sociograph(‘s) Service(s), Service – All of our web and mobile based marketing and sales applications, tools and platforms that you have subscribed to by an Order Form or directly on the website or via a thirdparty marketplace or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via Sociograph’s websites or another designated URL, and any ancillary products and services that we provide to you.
Visitor(s) – Individual people or accounts that are designated and authorized by Customer to access Subscription Service or other individual people or accounts who access Sociograph’s websites.
User(s) – Individual people or accounts that are designated and authorized by Customer to access Subscription Service
Contact Information – The name, email address, phone number, online user name(s), telephone number, and similar information submitted by visitors to our website or landing pages
Fair Usage Policy (Anti-Spam)
This policy is applicable to all Sociograph’s Services that may be used for transmitting bulk emails or commercial emails or SMS or Calls
You agree to Sociograph’s Fair Usage Policy as a precondition to use of Sociograph Services. Sociograph Services may be used only for sending mails or messages to persons from whom you have an express permission to send mails or messages on the subject of such mail or message, such as permission-based email marketing. We are very serious about our fair usage policy . If we discover that you are sending emails or messages to people without their permission, we reserve the right to terminate your user account.
‘permission’ we mean express and provable permission granted to you. A permission to send commercial emails may be through:
- Submission of email address as part of downloading anything from your website or ordering a product or service from you.
- Subscription to an email newsletter by filling a form on your website.
- Someone has provided you with the email address as part of participation in any contest, event or survey conducted by you and you have informed him/her that you would be sending them marketing emails.
- Any instance where a person completing a form has checked an opt-in checkbox indicating their willingness to be contacted by you through email, provided the checkbox is unchecked by default and you have informed such person that the nature of the emails will be commercial.
- Any business card given by a person who has expressed his/her willingness to receive emails of a commercial nature. Willingness to receive emails of a commercial nature will be presumed where the business card was dropped in your booth at a tradeshow.
The ‘Suggested Policy’ is ‘Do not use Sociograph Services to send mails or messages to email addresses to which you do not have express permission to send emails on the subject of the email.’ We insist on 100% compliance with the above ‘Suggested Policy’.
When we say 100%, we do not include those instances where the recipient of an email has marked it as Spam although you have an express provable permission to send emails to that email address. It should be borne in mind that a permission once granted is deemed to have been revoked if the recipient of a mail has opted out of receiving emails from you.
In particular, you shall strictly comply with the following rules, which clarifies the ‘Suggested Policy’ mentioned above:
- You should have explicit permission to contact the recipient on the subject of your email. You shall maintain sufficient proof of the fact that you have received permission from all recipients of emails sent by you through Sociograph Services.
- You shall not import or send emails to email addresses that you have bought, loaned, rented or in any way acquired from a third party, irrespective of any claim about quality or permission, while using Covered Services. You shall also refrain from importing into your Sociograph Services account or sending mails to email addresses you have collected from other websites.
- You shall ensure that the routing and header information including your emails ‘From’ and ‘To,’ the originating domain name and email address are true and accurate.o:p>
- You shall not use subject lines that mislead the recipient about the contents or subject matter of the message.
- You shall provide a one-click unsubscribe option in all emails and refrain from sending emails to persons who have opted out or un-subscribed from your mailing list. The request to opt-out from the mailing list should be honored within 10 days from the date of request.
- You shall include your valid physical postal address in all emails sent through Sociograph Services subscribed.
- You shall include a conspicuous notice in all marketing emails that the message is an advertisement or solicitation and that the recipient can opt out of receiving more commercial emails from you.
Telephone and SMS Marketing
You must comply with all local, national and relevant international laws relating to telephone and SMS marketing. You must comply with all laws related to the recording of phone calls and ensure all proper consent to record is obtained prior to making any such recording. You must comply with laws related to transactional and promotional messages applicable to the country of the recipient. If you use the Sociograph Service to place telephone calls and send SMS you must also comply with all applicable industry standards, including those applicable guidelines published by the bodies like CTIA and the Mobile Marketing Association.
If you are based in India and use Sociograph to make calls and send SMS to recipients in India then you must follow the laws formulated by Telecom Regulatory Authority of India (TRAI).
We may, at any time, require you to prove that you have express permission to send emails, SMS’ to email addresses and phone numbers you have imported to your Sociograph Services irrespective of whether you have sent marketing emails to such email addresses.
General Provisions of Fair Usage Policy:
You may not (directly or indirectly) use the Sociograph Service with content, or in a manner that:
- is threatening, abusive, harassing, stalking, or defamatory;
- is deceptive, false, misleading or fraudulent;
- is invasive of another’s privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);
- contains vulgar, obscene, indecent or unlawful material;
- infringes a third party’s intellectual property right(s);
- publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;
- uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person’s computer;
- downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;
- falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;
- restricts or inhibits any other user of the Sociograph Service from using and enjoying our website and/or the Sociograph Service;
- harvests or otherwise collects information about others, including e-mail addresses, without their consent;
- violates the usage standards or rules of an entity affected by your use, including without limitation any ISP, ESP, or news or user group (and including by way of example and not limitation circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);
You will use the Sociograph Service for your internal business purposes and will not: (i) willfully tamper with the security of the Service or tamper with our customer accounts; (ii) access data on the Sociograph Service not intended for you; (iii) log into a server or account on the Sociograph Service that you are not authorized to access; (iv) attempt to probe, scan or test the vulnerability of any Sociograph Service or to breach the security or authentication measures without proper authorization; (v) willfully render any part of the Sociograph Service unusable; (vi) lease, distribute, license, sell or otherwise commercially exploit the Sociograph Service or make the Sociograph Service available to a third party other than as contemplated in your subscription to the Sociograph Service; (vii) use the Sociograph Service for timesharing or service bureau purposes or otherwise for the benefit of a third party; or (viii) provide to third parties any evaluation version of the Sociograph Service without our prior written consent.
You agree not to use the Sociograph Service in a way that impacts the normal operation, privacy, integrity or security of another’s property. Another’s property includes another’s account(s), domain name(s), URL(s), website(s), network(s), system(s), facilities, equipment, data, other information, or business operations. You also agree not to use the Sociograph Service to gain unauthorized access to, use, monitor, make an unauthorized reference to, another’s property unless you have the appropriate express prior consent to do so. Examples of prohibited actions include (without limitation): hacking, spoofing, denial of service, mailbombing and/or sending any email that contains or transmits any virus or propagating worm(s), or any malware, whether spyware, adware or other such file or program. These restrictions apply regardless of your intent and whether you act intentionally or unintentionally.
Your use of Sociograph Services signifies your unconditional acceptance of this Fair Usage. We further reserve all other rights.
If you have any questions about our Anti-Spam Policy, or if you want to report spamming activity by one of our customers, please contact our abuse department at:
Sociograph Solutions Private Limited
307/6, 3rd Cross, Venkatapura, Koramangala 1st Block,
or email us at firstname.lastname@example.org