The present document “Terms of Service for the NetFlink Service” (hereinafter referred to as “Terms”) consists of terms governing the relationship between NetFlink Inc. (hereinafter referred to as “NetFlink service”, “NetFlink”, “The Service”) and the customer of the service (hereinafter “customer”, “user”, “you”, “member”).
NetFlink Inc. provides the user with services for NetFlink service according to the terms set out in the present document.
Use of the NetFlink service is governed by these Terms of Service, Privacy Policy. The NetFlink Terms of Service can be corrected or supplemented by the administration without notifying users, and the changes enter into force from the moment that the document is placed on the company’s official website.
By accessing or using the Service in any way you agree to and accept all of these Terms (on behalf of yourself or the entity that you represent), and these Terms will remain in effect at all times while you use the Service or any data obtained through the Service. By accessing or using the Service in any way you represent and warrant that you have the right, authority, and capacity to enter into these Terms (on behalf of yourself or the entity that you represent). You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Service and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). In the event that you do not consent to any of the terms, the administration is entitled to deny your use of NetFlink.
NetFlink provides the user access to specialized services, including a service for email, SMS, SMTP service, email verifier service.
The user has access to the following actions and documents:
By “account,” the user’s account on his/her personal Dashboard on NetFlink is meant. Registration is carried out on the official website at https://netflink.com/register.
During registration, the user fills in required fields with personal information (name, email address, telephone number) and specifies a password which the user will subsequently use for entering his/her account. The user is not allowed to give his/her username and password to a third party. The user bears full responsibility for the safety of his/her username and password.
All personal information is subject to NetFlink Terms of Service and Privacy Policy and can be used by employees of the Service to contact the user according to the Privacy Policy.
The user is obligated to provide valid information during the registration process: customers who provide invalid contact information will be deprived of use of the service. Employees of the Service have the right to demand that the client confirm his/her personal information in order to determine its validity.
Attention! It is strictly forbidden to register multiple free accounts. It will be enough for you to have 1 free account to evaluate the Service features.
After going through the registration process, every customer of the NetFlink service becomes a user of the free plan provided by the Service. You can remain a user of the free plan if you accept the conditions and limited number of emails that can be sent. Transitioning to a paid plan or renewing your account shall mean that you are satisfied with the quality of the Service.
The Service provides a set of billing plans. The user has the right and ability to change his/her billing plan to another, more convenient plan at any time. All operations for changing the billing plan (or paying for the plan) are carried out by the customer in his/her account.
Payment of any billing plan or additional service shall take the form of 100% prepayment. The payment procedure is as follows:
If you pay any monthly subscription, an automatic renewal of the subscription is activated. A user can disable it on their own in their personal account.
After going through the registration process (section 1.2), an account is automatically created for the user. All actions regarding emails, billing plans, and payment shall from this moment be carried out through the account.
When registering, the user provides a personal email address which will be used as a username, and a personal password for accessing the Service. This information is strictly confidential, kept in an encrypted form, and will not be transmitted to third parties.
The Service additionally asks that the user fill in an expanded form with personal data that the customer can use when working with emails (“variable substitution”). Data provided in filling this form is also subject to the Privacy Policy.
Sending out emails, viewing statistics, changing the billing plan, verifying email addresses, creating campaign templates — all of these actions are carried out by the user in his/her account. The user also uploads the addresses and phone numbers of campaign recipients to his/her account to create address books. All uploaded email addresses and phone numbers are considered the property of the user and are confidential information which is protected by the Privacy Policy of the NetFlink service.
The administration of the Service has the right to track user activity and, in the event that the user is suspected of sending spam, to temporarily block the account. All administration actions are governed by the Anti-Spam Policy, which the user consents to during account registration.
The user has the right to, at any time, request the deletion of his/her account. Any funds remaining on the account shall not be returned unless there are special grounds for a refund . When making its decision, the NetFlink service is governed by its Anti-Spam Policy.
The company will not refund money to users blocked for violating the Anti-Spam Policy.
NetFlink is a service for email, SMS, Viber, Web Push, chatbot campaigns for Facebook, Telegram, and WhatsApp, SMTP service, email verifier service, as well as NetFlink Landing Pages service for creating websites/landings and a CRM system for managing sales processes and communication channels. The user has access to the service through his/her customer account (Dashboard).
Campaigns include communications that have been drawn up, lists of addresses and phone numbers, and the process of sending campaigns to subscribers. The user creates himself/herself the template for these communications by choosing options provided by the Service, uploading images, and writing texts.
The user bears full responsibility for the context of mailings, which in turn must correspond to the rules set by the Service’s Anti-Spam Policy. Otherwise, the Service has the right to suspend the user’s account until it has ascertained the circumstances.
A user of the NetFlink service has the right to send communications only to such people who have expressed their consent to receiving communications from him/her. The recipients’ consent must be received by the user personally. Upon the request of the Service administration, the user must provide corresponding proof of recipients’ consent.
Before sending email campaigns the user can use the NetFlink verification service (hereinafter “email verifier”) to verify mailing lists and find and filter unvalid and non-existent email addresses. This service is developed for informational purposes only and NetFlink is not responsible and doesn’t guarantee the complete accuracy of information received as a result of email verification.
Email address verification increases the chances of passing moderation when sending email campaigns, but it does not guarantee it because the sender should also comply with other requirements of the Anti-Spam Policy.
The service does not allow sending messages to email addresses that have been assigned the "invalid" status after validation.
The user shall guarantee subscribers the ability to opt out of any further communications (through the presence of an unsubscribe link in the email) and shall also be obliged to enter into the unsubscribers list or remove from the list contact details, the owners of which have expressed their desire to opt out of emails.
Use of illegally obtained subscriber bases and distributing spam through the NetFlink service is strictly prohibited.
An email, SMS, Viber, Web Push, or chatbot campaign for Facebook, Telegram, and WhatsApp created by the user is scheduled for sending through the Service. Each campaign is queued for sending and passes through a moderation process.
Moderation consists of a check of emails carried out by Service employees to ensure that the subscriber base is real (should it be suspected that the recipients did not agree to receive mailings) and that the content of the emails corresponds to all rules and regulations of the Anti-Spam Policy.
The time for moderation and sending of emails shall take a maximum of 24 hours.
In the event that an email did not pass the Service’s moderation, this will be communicated to the user and measures will be taken to remove the grounds for refusing sending, or the user’s account will be blocked until the circumstances are ascertained.
Each email will contain an unsubscribe link, i.e. a way for subscribers to opt out of receiving further communications. The link cannot be removed or hidden. If the user does not insert an unsubscribe link into an email, the Service will automatically add its own standard link to the email, and the user’s actions shall be construed as being contrary to the Terms of Service.
The time when campaigns are delivered to their recipients varies depending on a number of factors and circumstances. NetFlink shall not be liable for campaigns being undelivered to recipients, in equal measure, as well as any delays in delivery.
Messages may go undelivered or be delayed for the following reasons:
NetFlink provides the basic functions of web push notifications for free if your database is less than 10,000 subscribers.
From now on, if you have not used the web push service for a long time, we can delete the record about your website and subscribers. This can happen if there have been NO new subscriptions and NO notifications during the last 6 months.
The array of additional services includes services that are not provided by the Service’s basic functionality.
All additional services are paid in addition to the cost of activating a pricing plan (with the exception of the free plan). These services are provided subject to additional terms set out either on the company’s official website (terms of use for different services), or in the specialized documentation on additional services that users can find in their NetFlink account.
The user is obliged:
The user has the right to not agree with the Terms for using the Service. In that case, the user will be denied further use of NetFlink.
You represent and warrant that you either own or have permission to use all of the material in your emails. You retain ownership of the materials that you upload to the Service.
We may use or disclose your information only as described in these Terms and our Privacy Policy.
You represent and warrant that your use of the Service will comply with all applicable laws and regulations. You are responsible for determining whether our services are suitable for you to use in light of any regulations. You may not use our Service for any unlawful or discriminatory activities.
You represent and warrant that in creating your Mailing lists, sending campaigns via any communication channel of the Service, and collecting information as a result of sending campaigns, you:
NetFlink is obliged:
The administration reserves the right to make changes to the interface and functionality of the NetFlink online platform and billing plans, and it shall notify the user of this in an email.
The administration reserves the right to unilaterally amend the Terms of Service for the NetFlink service without prior notice to the user. The updated Terms of Service for the NetFlink service shall come into force from the moment they are placed on the company’s official website.
The administration of NetFlink has the right to forbid (or limit) the user from any actions contrary to the Service’s Terms of Service. These actions may include any listed below, as well as actions which, in the opinion of Service employees, violate the Terms of Service for the NetFlink service.
The administration of the Service bears no responsibility for the user’s actions taken as a result of a failure to understand or a mistaken understanding of the Terms of Service for the NetFlink service.
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Service, including any downloads from the Service. We won’t be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or we have been advised of the possibility of those damages. Our total liability for all claims made about the service in any month will be no more than what you paid us for the Service the month before.
To the maximum extent permitted by law, we provide the materials and the Service as is. That means we don’t provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since our customers use NetFlink for a variety of reasons, we can’t guarantee that it will meet your specific needs.
We believe email, SMS, Viber, Web Push, and chatbots for Facebook, Telegram, and WhatsApp are compelling tools for sending useful and on-demand information and are opposed to the sending of unsolicited messages.
Any registered user of NetFlink can send campaigns to his/her friends, family, colleagues, clients, contacts etc. using our Service.
NetFlink strictly forbids any SPAM messages to be sent from our Service at any time.
A mailing list is legit if the recipient agreed to receive email messages from you.
The illegal ways of collecting mailing lists are:
We reserve the right to request the mechanism a user uses to subscribe contacts to their mailing list.
We consider any unsolicited, unexpected, or unwanted message sent to the recipients in order to extort their valuables from them or to mislead them, or any message sent to someone without their prior consent to be SPAM.
Messages must comply with the following principles:
It is strictly forbidden to send messages to illegally collected mailing lists via NetFlink SMTP servers. It is also forbidden to use a sender email address that is registered with any service as a temporary email address.
We consider any unsolicited, unexpected, or unwanted SMS text message sent to the mobile subscriber in order to extort their valuables from them or to mislead them, or any message originating from someone you have not authorized to have your mobile number to be SPAM.
Our users specifically agree NOT to use NetFlink Service to send SPAM. Their SMS messages must comply with the following principles:
It is strictly forbidden to send messages to illegally collected mailing lists via NetFlink SMS servers.
Our Service doesn’t allow spam or any sort of offensive or illegal content.
We do not send:
We review each profile to make sure it meets our Terms of Service, which help us maintain deliverability for all of our clients.
Please understand that some industries or “niches” return more abuse and spam complaints than average. We cannot risk our server’s reputation, which affects each mailing profile.
Our Service does not accept campaigns and does not publish websites that offer types of services, products, or content listed below:
Note that the content of your email campaign should be clearly associated with your sender email address and your domain.
The administration of the Service strictly monitors whether NetFlink is blacklisted with any popular RBL services. Email campaigns that caused an IP address or domains of the Service to be blacklisted with any RBL lists are immediately suspended.
Any evidence of users not adhering to this Anti-Spam Policy will cause immediate disconnection of his/her spam messages sending, suspension of the Service and might also result in freezing of all money to ensure an immediate end to the violation until the details are cleared up.
Accounts blocked due to exceeding complaints are denied in getting a refund.
The limit of non-existing addresses is 7%. If the number of non-valid addresses (non-existent, not active addresses) exceeds, email campaign can be blocked by Service moderators. To avoid being blocked, verify email addresses using NetFlink email verification service or other verification services/programs before sending an email campaign.
We understand that there can be a certain number of complaints if you send bulk email messages. According to our Service terms and conditions, we specified the level of a permitted complaints as no more than 0.4% per sender domain for a single email campaign. In addition, we take into consideration different factors like the amount of sent emails as well as complaints ratio and types of complaints. The amount of unsubscribes should not exceed 1% of the mailing list. However, if your email campaign gets a ratio that exceeds the permitted level, we reserve the right to block or terminate your account without a refund.
Please let us know about any abuse or unwanted/unsolicited messages. In your email, please include the spam-email, the date and time you received the message. Send your report to support@netflink.com.
Email addresses that receive spam complaints will be suspended until the case is clarified.
The relationship between the company and the user with regard to provision of services for NetFlink, is governed by the laws of the State of Delaware without regard to the conflicts of laws provisions thereof.
Any dispute arising from or relating to the subject matter of these Terms will be decided by the state and federal courts of the State of Delaware, and each party will be subject to the jurisdiction of those courts.