Email Service Supplemental Terms and Conditions
Effective Date July 27, 2023
These Email Service Supplemental Terms and Conditions ("Email Supplemental Terms") describe the terms and conditions that apply to your access to and use of the uSpeedo Email Service. In addition to the relevant terms of the uSpeedo Platform Terms of Service, the following additional terms apply if you access or use the uSpeedo Email service. These Email Supplemental Terms form part of the above Terms of Service, and any definitions used in the Terms of Service have the same meanings in these Email Supplemental Terms. Notwithstanding anything else in the Terms of Service, in the event of any conflict or inconsistency between the terms of the Terms of Service and the Email Supplemental Terms, the Email Supplemental Terms shall prevail only to the extent of the conflict or inconsistency.
【Terms and Condition of Service】
1. definition
a) uSpeedo Platform: A variety of communication support services based on cloud technology operated by UCLOUD INFORMATION TECHNOLOGY (HK) LIMITED. These include its APIs, SDKs, software, code snippets, documentation, technical support, and the website itself available through uSpeedo's proprietary platform. Hereinafter referred to as "uSpeedo".
b)Email service: Provide customers with email delivery services, enabling them to send emails to end users through the email delivery platform.
c) Customer's own email address validity agreement: The customer undertakes to guarantee the validity of the e-mail address provided. If the hard bounce rate of the email address provided by the customer exceeds 15% of the total number of single sends, it should cooperate with uSpeedo to rectify it.
d) Hard bounce: Delivery failure due to invalid list of email addresses provided by customers, including but not limited to the non-existence of email addresses in the list, etc.
2. Customer Warranty
a) During the Service Period, the Customer agrees and warrants that uSpeedo has the right to request the original qualification documents and/or other necessary information from the Customer at any time. The Customer is fully responsible for ensuring the authenticity, completeness, legality, and validity of the submitted information.
b) The customer agrees and warrants that the customer shall comply with the laws and regulations of the place where the service is located and the relevant agreements and terms of the uSpeedo platform require the use of uSpeedo email services. The customer is solely responsible for any legal liability arising from his actions and has nothing to do with uSpeedo.
3. Customer's Rights and Obligations
a) The customer has the right to apply for an account with uSpeedo. When registering an account, the customer shall provide uSpeedo with true, complete, legal and valid information. In the event of any change in the Customer's information, the Customer shall notify uSpeedo in writing and provide the latest information after the change.
b) Customers who use uSpeedo Email services shall pay uSpeedo the corresponding fees.
c) The customer guarantees the authenticity, legality, validity and permissibility of the e-mail address list provided, and the customer is obliged to screen the e-mail address list to ensure that the validity of the customer's own e-mail address is achieved, and uSpeedo does not assume the responsibility of verifying the authenticity and permissibility of the e-mail address.
d) By using the uSpeedo Platform to send emails, the Customer means that the personal information (if any) related to the name, email address, telephone number, ID card information and other personal information provided by the customer to uSpeedo has been legally authorized, and uSpeedo and its affiliates can comply with uSpeedo the purpose of storing and using the above information as stipulated in the relevant terms of the platform.
e) When the customer uses the email service to use the hard bounce ratio of more than 15% in a single month or the single hard bounce ratio exceeds 15%, uSpeedo has the right to request the customer to adjust the sending strategy, and the customer should actively cooperate with the adjustment to reduce the hard bounce rate. uSpeedo has the right to unilaterally suspend and/or terminate the Service if the customer's adjustment does not meet the requirements or refuses to adjust. The customer shall also be liable for compensation of the damage which is caused to the uSpeedo service and uSpeedo's reputation.
f) When the proportion of spam reports by customers using the email service exceeds 0.05% or when the proportion of spam reports in a single day exceeds 0.05%, uSpeedo has the right to require customers to make corrections, such as adjusting their behavior to meet the requiremnts or refusing to adjust. In such cases, uSpeedo reserves the right to suspend or terminate this service. The customer shall also be liable for compensating any damage caused to uSpeedo's services and reputation.
g) During the use of the uSpeedo Email service, the customer undertakes and warrants:
（1） Comply with all laws and regulations where the Services are located and international protocols, regulations, procedures and practices regarding the Internet and email;
（2） Not use uSpeedo to interfere with or disrupt uSpeedo's network services or other normal use;
（3） Do not perform any other act that may adversely affect uSpeedo or that is prohibited by law or policy.
h) Customers shall not use the uSpeedo Email service to send the following e-mails:
（1） Promotional or marketing e-mails such as advertisements, electronic publications, and various forms of publicity materials that the recipient has not requested or agreed to receive in advance;
（2） Emails that the recipient cannot refuse;
（3） Emails that hide information such as the sender's identity, address, title, etc.;
（4） Emails containing false information about sources, senders, routes, etc.;
（5） Emails containing viruses, malicious code, pornography, reactionary and other bad information, harmful information, or other content prohibited by laws and administrative regulations.
i) If the Customer violates any of the provisions of Article (1) to (5) above, the Customer shall bear all legal liabilities arising therefrom and negotiate to compensate uSpeedo for all losses caused thereby. uSpeedo reserves the right to terminate the Service immediately and freeze the deduction of the Customer's account.
j) The customer can choose the customized service, and the specific content of the customized service is subject to the customer's online application information on the uSpeedo page. Customers shall not use uSpeedo Service Resources in excess of their customized Service Content. Customers who customize the message tracking feature should ensure that the feature is used for legitimate purposes. If the customer uses this function for any purpose which involves violating the privacy of third parties or any other illegal purposes, the customer shall bear all legal liabilities.
k) uSpeedo reserves the right to retain e-mail data in accordance with the laws and regulations of the place where the service is located. Customer shall store and back up the relevant data by itself. Customer shall provide backup content to uSpeedo or Administration at any time at the request of uSpeedo or the Administration.
l) The Customer shall properly use the uSpeedo Email Service and be responsible for its actions in accordance with Email Supplemental Terms and the provisions published by uSpeedo from time to time. In the event of lawsuits, claims and/or penalties resulting from the Customer's actions, the Customer shall indemnify uSpeedo for all losses caused thereby.
m) Customer agrees to receive emails and messages from uSpeedo, including but not limited to commercial promotional information.
4. uSpeedo's Rights and Obligations
a) uSpeedo has no obligation to audit and monitor customer actions. uSpeedo has the right to recover from the customer all losses caused by the customer's actions.
b) uSpeedo is committed to the quality of the services it provides to its customers:
（1） At the customer's request, uSpeedo shall provide the customer with a status report after the completion of the project execution by each email;
（2） uSpeedo shall provide reasonable advice and assistance to the Customer to help the Customer improve the quality of the transmission;
（3） uSpeedoCustomer complaints and Q&A services should be provided.
c) uSpeedo can adjust the tariff for uSpeedo services according to market conditions and/or its own business conditions, but this adjustment will not affect the services already purchased by customers.
d) uSpeedo reserves the right to regularly or irregularly upgrade or improve the uSpeedo Email service. In such cases, uSpeedo will provide advance notice on the relevant page, and customers should pay attention to these announcements at all times in order to avoid any potential impact. uSpeedo shall not be held liable for any damages incurred by customers as a result.
e) uSpeedo is obligated to maintain the confidentiality of customers' trade secrets acquired during the provision of uSpeedo Email services, and shall not disclose such information to third parties except auditors, lawyers, consultants, etc., or use them for purposes other than contractual agreements without written consent from customers. This confidentiality obligation shall remain in effect until the corresponding information is disclosed in accordance with the law and shall not be terminated upon termination of the service.
f) If the customer violates the provisions of these email supplementary terms and the uSpeedo usage rules, and still fails to correct it after receiving notice from uSpeedo, uSpeedo has the right to suspend or terminate this service at any time. uSpeedo is not required to obtain the customer's consent or notify the customer in advance.
g) If the service is terminated early due to reasons other than uSpeedo, uSpeedo reserves the right not to refund any fees that have been paid by the Customer but have not yet been used.
h) In view of the particularity of Internet services, uSpeedo is not responsible for service interruptions, data loss, etc. caused by force majeure, third-party services, hacker attacks, policy influences and any other reasons beyond uSpeedo’s control