Email Marketing Service Terms

These Email Marketing Service Terms (“Terms”) govern your use of the email marketing service provided by SG Hosting Inc., a company registered and existing under the laws of Delaware, USA, with a registered address at 700 N. Fairfax St, Suite 614, Alexandria 22314 VA, USA (“SiteGround”, “we”, “our”, “us”) and are effective as of the date of your electronic acceptance of these Terms. 

The terms “you”, “your” or “Customer” shall refer to any individual or entity who accepts these Terms, has access to and/or uses our email marketing service. 

By ordering SiteGround email marketing service you declare that you have read, understood and agree to be bound by these Terms. These Terms, together with your Order and the SiteGround Terms of Service (“TOS”) represent the entire agreement (“Agreement”) between you and SiteGround in regard to your use of SiteGround email marketing service. In case of any discrepancies between the provisions of the TOS and these Terms the latter shall prevail with respect to any email marketing service related matters. For matters, incl. capitalized terms, not explicitly specified herein the provisions of the TOS shall apply.

1. Scope

The service within the scope of these Terms is the SiteGround email marketing service which provides you with tools to manage your mailing lists (including storage of subscribers' information) and to create and send marketing emails (organized in email marketing campaigns) directed to your subscribers (“EM Service”).

2. EM Service use preconditions

Each EM Service may be associated with one domain name only. The initial activation of the EM Service for the domain name specified by you is subject to a domain name verification DNS challenge. Upon completion of the verification process, you will be able to execute your email marketing campaigns. 

Changes of your associated domain name are only permitted prior to sending your first email marketing campaign to any of your subscribers. 

3. Use of the EM Service. General requirements

By accepting these Terms you agree to adhere to the following additional rules: 

  • You shall not use the EM Service to send unsolicited email messages ("spam") or to market any product or service advertised by or connected with spam. You shall not facilitate or cooperate in the dissemination of spam in any way.  

  • You shall not use false, deceptive or misleading information regarding the identity of the sender and the content of the messages. 

  • You shall ensure that any email message sent through the EM Service meets the following requirements:

    • the "from" line accurately identifies you or your organization who initiates the message;

    • the "subject" line accurately reflects the content of your message; and

    • your valid physical address (and other contact information as may be required by the applicable law) is included in your email message.

  • When you use the EM Service for sending advertising messages, you shall clearly state to your subscribers that such messages are an advertisement.

  • You shall send your advertising messages only to subscribers who have given legally compliant consent/permission to be recipients of such messages.

  • You shall not send email messages to purchased or borrowed mailing lists. 

  • You shall incorporate an unsubscribe link in every commercial email message sent via the EM Service to ensure that your subscribers may easily opt out to receive your emails at any time. You shall monitor, process and honor unsubscribe requests in accordance with the applicable legislation.

  • You shall obtain all consents from your subscribers required by the applicable legislation to enable us to lawfully deploy tracking technologies in the email messages sent via the EM Service for statistical purposes.

  • You shall not use any templates, graphics, images, texts and/or other copyrighted materials, features and functionalities provided by us in the course of provision of the EM Service upon expiration of the ordered EM Service or apart from the use of the EM Service. 

  • You shall ensure that all messages sent through the use of our EM Service shall be in compliance with these Terms as well as the applicable local and/or international laws and/or rules regulating matters regarding unsolicited emails, spam, online advertising, sales and marketing, privacy and security, defamation, copyright and trademark infringement, unfair and deceptive practices, etc. 

  • You shall comply with the applicable laws and regulations and shall not violate any third party rights, including but not limited to any copyright, trademark, patent, trade secret, or other proprietary rights of any party.

4. Prohibited Content

4.1. You shall not use our EM Service to create and distribute email messages that:

  • promote or incite harm toward others; 

  • contain harassing and/or abusive content in any form (incl. but not limited to images, statements, graphics, statistics etc.) that could be considered threatening or inciting physical violence against others;

  • contain hateful and/or discriminatory content in any form (incl. but not limited to images, statements, graphics, statistics etc.) that could be considered promoting discrimination against others based on sexual orientation, gender identity, race, origin, religion, age, disease, disability, etc.;

  • are inaccurate, fraudulent, misleading or false.

4.2. Additionally we do not allow the EM Service to be used for creating, disclosing and managing any kind of content related to:

  • gambling or betting;

  • quick credit services, forex, etc.;

  • credit repair and get out of debt opportunities;

  • mortgage and loan content;

  • online trading, trading advice, or stock market-related content;

  • "get rich quick", make money online;

  • affiliate marketing, lead generation;

  • pyramid schemes, multi-level-marketing;

  • content for buying, selling or sharing followers or likes for a social media platform;

  • content for selling or buying email lists;

  • pornography, erotic, escort;

  • mobile unlocking services, IPTV content;

  • weight loss material;

  • pharmaceutical products;

  • nutritional, herbal, and vitamin supplements;

  • counterfeit or "knock off" products appearing to be another brand;

  • any other type of products, activities and/or services that are declared by the applicable law to be prohibited and/or illegal.

4.3. You are solely responsible to manage the content of your email marketing campaigns and ensure compliance with the restrictions and prohibitions set in Sections 4.1. аnd 4.2. above (“Prohibited Content”). 

5. Representations and Warranties

You represent and warrant that:

  • if you place an Order to purchase the EM Service on behalf of a legal entity, you have the legal authority to bind such legal entity to these Terms. In the event that SiteGround establishes that you do not have the legal authority to bind such a legal entity, you will be personally liable for the obligations under these Terms;

  • you are not barred from purchasing and/or using the EM Service under the laws and sanctions lists of the applicable jurisdiction; 

  • you are not a public sector entity, including a federal, state, or local government entity;

  • you do not impersonate another person in the course of your use of the EM Service, and you are the sole or designated sender of any message sent by you using the EM Service. You acknowledge and agree that SiteGround is not the “sender” of any such email as defined in the CAN-SPAM Act or similar applicable law; 

  • you either own or have permission and/or authorization (as required by the applicable law) to use all of the content, materials and information you submit to us and/or you send to your subscribers using EM Service; 

  • you have a valid legal basis to process, disclose and transfer the personal data you submit to us and to contact your subscribers using our EM Service;

  • you are solely responsible for the content of the email messages you sent using our EM Service and for your compliance with or breach of any license or terms and conditions of any third parties or third party services;

  • your use of the EM Service will comply with the applicable laws and regulations and will not violate any third party rights, including but not limited to any copyright, trademark, patent, tradesecret, or other proprietary rights of any party. You acknowledge and agree that we may monitor your email marketing campaigns and may take immediate corrective actions (including service suspension or termination of the Agreement without refund) without prior warning if at our sole discretion your use of the EM Service results in violation of these Terms;

  • you will not use, export, re-export, import, sell, release, or transfer the EM Service, our software, source code and technology directly or indirectly, into a restricted country and/or to any party included in a restricted party list. You are allowed to use the EM Service only as authorized by the laws of the jurisdiction where the EM Service is made available by SiteGround, and any other applicable laws and regulations. By ordering the EM Service you represent and warrant that neither you nor your principals, officers, directors and/or other parties which may be involved in the use of our EM Service are located, and/or are doing business in a restricted country and/or are included in any applicable restricted party list. 

6. Free Trial Period

6.1. We may offer a promotional, free trial period (“Free Trial Period”) for all new users of the EM Service. During the Free Trial Period you may add a limited number of contacts to your mailing list(s) and may send a limited number of email messages, as described on the respective EM Service page. We will notify you of the upcoming expiration of the Free Trial Period in advance. Upon expiration of the Free Trial Period and in case the EM Service is not canceled, you will be charged for the entire term of the paid EM Service you have selected upon submission of your initial Order, or for any upgrade ordered by you during the Free Trial Period. 

6.2. In case the Free Trial Period expires and the EM Service is canceled, your EM Service account together with all information (i.e. contact lists, email marketing campaigns, etc.) included in it will be permanently deleted within 60 days as of the expiration of the Free Trial Period.

7. Upgrade of the EM Service 

You can choose to upgrade the EM Service (including by increasing the number of subscribers) at any time. All available upgrade options are listed in your Client Area and are subject to the fees set out on the respective EM Service page (“Upgrade Fees”). Once you pay the Upgrade Fees and your upgrade Order is approved by SiteGround, SiteGround will provide you with the upgraded EM Service for the period set out in the upgrade Order. Cancellation of an upgrade Order alone is not possible, it can only be canceled together with the cancellation of any ordered EM Service. 

8. Money Back Policy

8.1. You can cancel the EM Service at any time through your Client Area. Fees paid for an  initial, renewal and/or upgrade Order are eligible for refund only if:

  • you have NOT created and executed an email marketing campaign during the term for which the payment is made; and

  • the cancellation of the EM Service is requested in less than 30 days from the date on which payment(s) of an initial, renewal and/or upgrade Оrder was made. 

8.2. Refund requests are processed within fifteen (15) business days after an EM Service is canceled.

9. EM Service account content backup 

You are solely responsible for maintaining regular backup copies of all your contact lists and EM Service account content (including but not limited to email messages, subscribers logs, etc.) in order to prevent any potential data loss. We will use good faith efforts to backup the data stored on your account and may, but are not obliged to keep backup data for canceled or expired EM Service for up to sixty (60) days after the EM Service cancellation or expiration, and provide you with access to that data upon request and subject to availability. 

10. Consistency and delivery of the email messages. Service suspension

10.1. You acknowledge and agree that the delivery of your marketing emails to your subscribers cannot be guaranteed and/or that there may be some deviations in the visualization and/or readability of your email messages on your recipients’ devices and platforms due to the transmission of the messages over different networks and environments and their different technical characteristics. You also acknowledge and agree that such deviations in the delivery and/or consistency are beyond our control and therefore we shall not be held liable.

10.2. Without prejudice to the provisions laid down in other clauses of these Terms and the TOS, you acknowledge and agree that we may suspend the delivery of any of your email marketing campaigns and/or the provision of the EM Service with no refund, if:

10.2.1. at our sole discretion we determine that your use of the EM Service results in high bounce, spam and/or unsubscribe rate(s);

10.2.2. we determine that you create and/or distribute spam content and/or any Prohibited Content via our EM Service; or

10.2.3. we receive а complaint from а third party in connection with your use of our EM Service.

11. Service Level

You acknowledge that your access to and/or use of the EM Service may be temporarily suspended or interrupted for the duration of any scheduled or unscheduled downtime or unavailability of part or all of the EM Service for any reason, such as system interruptions or failures, nature disasters, power outages, or other acts or causes beyond our control. In no such event will SiteGround be liable for lost profits and/or loss of business and/or for any indirect, special, consequential, incidental, or punitive damages arising out of or related to such temporary suspension or interruption of the EM Service. 

12. Scope of technical support

12.1. We provide free technical support for issues related to the functioning and functionalities of the EM Service, and assistance related to settings and proper usage of the EM Service tools and features provided by us. 

12.2. Certain issues are outside the scope of our free technical support for the EM Service:

12.2.1. Issues related to verifications of domain names not pointed to Name servers used by SiteGround;

12.2.2. Issues related to email design, content and/or customization.

12.3. If you request technical support for issues outside the scope of our free technical support for the EM Service, we may provide you with assistance at our own discretion, subject to availability and additional fees. We will inform you, and receive your consent, prior to charging you for paid technical support. Fees for technical support must be paid in advance.

13. Intellectual property rights

13.1. During the Term of the respective Order you may access and use the EM Service. SiteGround retains all rights, title and interest in and to the EM Service, including the ownership of any and all intellectual property rights related to the provision of the EM Service. These Terms do not grant you any right to reproduce, modify, distribute or publicly display or perform the software included in the EM Service, or any other right to the EM Service not specifically set forth herein. All trademarks, graphics, images, videos, templates, software, script, source code which are part of the EM Service (“SiteGround’s Content”) are owned by or licensed to SiteGround. You acknowledge and agree not to modify, copy, reproduce, download, transmit, distribute, sell, license, publish, broadcast, create derivative works from, or store SiteGround’s Content.

13.2. Unless otherwise set out in the Agreement, you represent and warrant that you own or have otherwise obtained all necessary rights and permissions over any material and information (incl. but not limited to contact lists and data, marketing content, etc.) you submit to us in the course of using the EM Service or which we otherwise access under your instructions with respect to the EM Service (the “Content”). You also represent and warrant that your Content and its use will not violate any applicable law, and/or any third-party intellectual property or other rights. You grant us a limited, perpetual, irrevocable, non-exclusive, royalty-free, worldwide, transferable, sublicensable license to reproduce, modify, use, disclose, distribute and display the Content for the purposes of provision of the EM Service. We may use and disclose the information provided by you or in the course of your use of the EM Service in an aggregated and anonymised form for legitimate business purposes (e.g. service maintenance and improvement, research, marketing, etc.).

14. Processing of personal data

14.1. In order to purchase and use the EM Service you have to provide certain personal data to SiteGround. Please refer to our Privacy Policy for complete information on what personal data we process as a data controller, how and why we process it.

14.2. To the extent that we act as a data processor in regard to the processing of your and/or your contacts’ personal information, SiteGround Data Processing Agreement shall apply together with the following specifics of processing concerning the EM Service particularly:

14.2.1. Additional categories of data subjects processed by SiteGround in the course of provision of the EM Service: Individuals whose personal data is included in Customer’s email lists and/or to whom the Customer sends email messages and/or otherwise communicates with via the EM Service (“contacts”).

14.2.2. Types of personal information of the contacts processed by SiteGround in the course of the provision of the EM Service:

  • Personal identification information, such as full name, etc.;

  • Contact details, such as email address, etc.; 

  • Personal data contained in logs (such as IP address, etc.);

  • Other EM Service related information, such as type of contact, subscription status, etc.

15. Termination

15.1. Without prejudice to the provisions laid down in other clauses of these Terms and the TOS, we shall be allowed to terminate your EM Service account and/or the Agreement immediately without notice and refund if:

15.1.1. your use of the EM Service violates any of the general requirements set out in Section 3 of these Terms;

15.1.2. you create and/or distribute any Prohibited Content via the EM Service;

15.1.3. you violate or cause SiteGround to violate any applicable anti-bribery or export control laws.

15.2. Once your EM Service account and/or the Agreement is terminated regardless of the reason, you acknowledge and agree that we may permanently delete your EM Service account and all the information and content associated with it, including your email marketing campaigns and contacts.