Terms of Service

  • End User License Agreement

    1.     The terms and conditions in this agreement (the "Agreement") will govern your (the "User") access to Zylone Mail service and your use of the data you obtain by use of the Service. Zylone Mail grants to the User a non-exclusive right during the term of this Agreement to use the Service pursuant to the terms and conditions set out herein. Your use of the Service confers no title or ownership in the Service. All ownership rights remain in Zylone Mail or its third party suppliers, as the case may be.

  • Services to Be Rendered and Delivery of Services

    2.     Zylone Mail offers its services on an "as is" basis. Through the "Service", we provide you with access to and use of our web-based, SaaS (Software-as-a-Service) model platform (the “ZyloneMail platform”) as made generally available to other customers, that allows you to create, send, manage your marketing campaigns.

    3.     You may use the Service to send emails only to those recipients who have given you permission to add them to your mailing list and have not subsequently withdrawn such permission (“Contacts”), unless you have another valid legal basis to process your Contacts’ personal data within the Service.

    1. The User acknowledges that Zylone Mail does not create any content and that Zylone Mail is not the author or the publisher of any campaign.
    2. The User further acknowledges that Zylone Mail does not rent or sell email lists. Zylone Mail reserves the right, but is not obligated to, review and approve any content posted by Users. Zylone Mail disclaims all copyright and other rights in such content and all responsibility for them.
    3. Zylone Mail retains the right to cancel and delete any campaign violating its Usage Rules as defined by Zylone Mail set forth in section 10 and section 11.
    4. Zylone Mail reserves the right to amend or update these rules at any time without notice to the User by posting the latest Zylone Mail Products End User License agreement to its website.
    5. By permitting direct email campaigns, Zylone Mail makes no warranties or representations of any kind as to the accuracy of the content, legality or suitability of the subject matter. Zylone Mail specifically disclaims liability for direct, consequential or incidental damages arising from such campaigns.
    6. By posting an email campaign from Zylone Mail, User warrants that the content is true, and that User will indemnify Zylone Mail against any and all, direct, indirect or consequential claims and alleged claims that may arise from User's use of the Service. User will also indemnify Zylone Mail in the event that Zylone Mail shares the User's name with third parties for violations of Usage Rules.
    7. By using Zylone Mail Service, the User is giving Zylone Mail permission to copy and/or store User content, contact lists and other information. Zylone Mail will not use the User content, contact lists or other User information for any purpose that violates its privacy policy.
    8. Zylone Mail reserves the right to amend its privacy policy from time to time without notice to the User by posting the updated Privacy Policy to its web site.
    9. As part of the Service, Zylone Mail may notify User, at the email address provided to Zylone Mail during User registration or as updated at any future time by the User, when the User campaign has been sent.
    10. Zylone Mail will use reasonable efforts to ensure posting of the User campaign at the scheduled time. However, Zylone Mail reserves the right to alter the time and date of delivery of the campaign and the delivery of the results without prior notification to the User of such a change. Zylone Mail also reserves the right to limit the number of emails that can be sent, per campaign, at any time.
  • Eligibility

    4.     The Service are available to individuals who are eighteen (18) years of age or older as well as corporations and other organizations who can form legally binding contracts under applicable law. If a User does not qualify, do not attempt to use the Service. You will provide true, accurate, and current information about yourself as requested by the sign up, registration or billing process. Zylone Mail may refuse to offer the Service to any person, corporation or organization and may change the criteria for eligibility, at any time, in its sole discretion. Zylone Mail retains the right to terminate your account and your rights to use the Service if there are reasonable grounds to believe that any data you provide is or becomes untrue, inaccurate, not current or incomplete, or if you are in breach of the Usage Rules.

  • Account

    5.     In order to use the Service, you must create an individual account in the Zylone Mail platform (“Account”). The Account may be accessed only with the use of your login credentials. You are responsible for keeping your login credentials confidential. You are also responsible for any use of your Account, especially for any activity of other users of your Account (“Users”). The User is to immediately notify Zylone Mail of any unauthorized use of the account or any breach of security.

  • Technical Requirements

    6.     The Service will operate with the latest official version of Internet Explorer, Mozilla Firefox, Google Chrome and Safari web browsers. In order to use the Service, it is necessary that you have a device that allows you access to the Internet, a website browser with “cookies” and JavaScript enabled, and an email. You expressly acknowledge and agree that Zylone Mail is not responsible for satisfying the foregoing requirements, and that the quality of files sent, posted, streamed, published or otherwise transmitted using the Service may differ from the uploaded stream or file, in order to conform and adapt to standards of transferring data, connecting networks, devices or requirements of the Service.

  • Use of the Service

    7.     The User represents, warrants, covenants that use of the Service will only be in compliance with this Agreement and all applicable laws.

    8.     The Act specifies that senders of email messages that have a primarily marketing or sales purpose will not include fraudulent or misleading information in any component of the email message, including but not limited to, the subject line, ‘from’ field, and body of the email. Every email message must contain an unsubscribe mechanism, as well as a valid, physical postal address.

    9.     The User accepts full and sole liability for conforming to the law, and will in no manner hold Zylone Mail liable in whole or in part if the user fails to conform to the law.

    10.     Upon successful registration and Subscription to the Service, you agree to:

    1. observe these Terms of Service, the Zylone Mail Privacy Policy, the Zylone Mail Anti-Spam Policy and all other policies developed, published or adopted by Zylone Mail in connection with the Service (each as amended and in effect from time to time);
    2. use the Service for purposes directly related to your trade, business or profession;
    3. maintain and promptly update your contact details so that they are as current, complete and accurate as possible;
    4. send or stream through the Service only such materials that you have full rights to use and publish on the Internet;
    5. conform to all applicable laws, regulations, rules and requirements (“Legal Requirements”) relating to the transmission of emails (including but not limited to, commercial emails) and the processing and transmission of personal data, including but not limited to the Legal Requirements in force in your country of residence;
    6. keep all login credentials provided to you secret and confidential.

    11.     With regard to email campaigns, the User specifically agrees not to use the Service:

    1. To send email to any party who has not given their permission to receive email from the User. User also acknowledges that it is unlawful to send emails to addresses that were harvested (eg obtained from an automated scan of a web site) knowingly or unknowingly, and agrees to never send emails to such addresses, and accept liabilities for misuse.
    2. For any unlawful purposes.
    3. To harass, threaten, embarrass or cause distress, unwanted attention or discomfort to a person or entity.
    4. To send content or links that contain nudity or sex pornography material of any kind to individuals under age 18, or to anyone on lists that are not limited to people age 18 or older.
    5. To send, submit or publish any defamatory, inaccurate, abusive, obscene, profane, or threatening material which is racially or ethnically offensive or which infringes upon the right of any third party, as determined by Zylone Mail.
    6. To send content that contains links to web pages that contain nudity, sex, pornography, tasteless images, foul language, hate propaganda, anything illegal, illegal software, serial numbers for unlocking software, mail fraud, pyramid schemes or is otherwise insulting to another person(s).
    7. To encourage the use of any controlled substance, transmission of material, information or software in violation of any local, state, federal law or International law.
    8. To impersonate any person, including but not limited to, an official of Zylone Mail or an information provider, or communicate under a false name or a name that the User is not entitled or authorized to use.
    9. To upload, post or reproduce in any manner any material protected by copyright without the permission of the copyright owner.
    10. To send content that promotes or provides instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
    11. The User agrees not to directly or indirectly reverse engineer, decompile, disassemble, or otherwise attempt to discover source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Service of any software, documentation, or data related to the Service. The User also agrees not to remove any proprietary notices or labels from the Service or any software, modify, translate, or create derivative works based on the Service or any software, or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Service or any software. The Service shall not be used to create campaigns to be sent by other email service providers.

    12.     In the event that the User violates one of the above usage rules, or for any other reason deemed appropriate by Zylone Mail, Zylone Mail reserves the right to suspend or terminate, with or without notice, access to the User's account and all related data. Zylone Mail also reserves the right to modify the Users data with email notice provided to the User within one business day except in the case of Spam complaints by ISPs or email recipients, in which case, the name of the complainant/email recipient will be immediately unsubscribed from the User's List/s without notice to the User. In addition, if Zylone Mail gets any complaints from the User's use of the Service, being complaints from email recipients, ISPs, domain name providers, or other complaints, Zylone Mail reserves the right to share the User's name and the fact that there have been complaints, with any third party, including other providers of email marketing services.

    13.     You agree that in case we receive a request from your Contact, who wants to exercise his/her rights under the Personal Data Protection Act (the “PDPA”), we shall inform such Contact that Zylone Mail acts as a service provider, and further Zylone Mail shall direct such Contact to you being an entity that determines the purposes and means of the processing of Personal Information.

    14.     While it is your responsibility to satisfy the requests of consumers, and to prepare replies thereto, we, to the best of our abilities and to a reasonable extent, shall reasonably support you, in fulfilling your obligations, in particular through the application of appropriate technical and organizational measures necessary for you to support the exercise of the consumers’ rights under the PDPA.

  • Use and Storage

    15.     Zylone Mail may store User information, content, contact lists, emails, campaign activity statistics, reports and other information in its databases for the User. Zylone Mail reserves the right to establish general practices and limits concerning the use of the Service, including without limitation the maximum number of days that information is stored, the maximum amount of disk space that will be allotted to each User, the maximum size of campaigns sent through Zylone Mail Service, the scheduled time of a campaign and the maximum number of occasions that the User may access the Service in a given period of time. Zylone Mail has no responsibility or liability for the deletion or failure to store any messages, content or other information maintained or transmitted through the Service. At any time Zylone Mail may determine that User information can no longer be stored by Zylone Mail or deem User information to be inappropriate and remove it from its databases with or without notice to the User.

    16.     If a User account is terminated for breach of this EULA, or if the User fails to remedy any breach as notified by Zylone Mail, the account will become inactive. When an account is inactive, at Zylone Mail sole discretion, Zylone Mail may notify the User by email. Inactive accounts have 30 days to become active after notification or the account and its data may be permanently removed from the Zylone Mail databases.

    17.     The User is responsible for ensuring good data management practices within their Zylone Mail account and to delete old Campaigns and/or Lists that are no longer required. If requested by Zylone Mail to delete Campaigns and/or Lists, the user will take this action within five (5) business days of such request or Zylone Mail may take the requested action in that User's account itself.

    18.     Any information stored on the Zylone Mail servers may be deleted at any time by Zylone Mail.

  • Ownership of Propietary Information

    19.     The User acknowledges and agrees that the Service and Zylone Mail logos and trade names are the property of Zylone Mail or its affiliates or suppliers. User also acknowledges that Zylone Mail owns and/or has all requisite rights in and to any software necessary to provide the Service under this Agreement.

    20.     The User understands that the Zylone Mail Service and its website also contain or may contain copyrighted or other proprietary materials of Zylone Mail, its sponsors, advertisers or other third parties. The User understands and acknowledges that, except as strictly necessary for personal viewing and use of the Service or the Zylone Mail website by means of a standard Internet browser (such as Microsoft Internet Explorer and Netscape Navigator), the User is not granted any right or license to use, link to, reproduce, reverse engineer, modify, duplicate, distribute, display or perform any such copyrighted materials used or displayed on this Website or to permit others to do the same, and that all such uses are prohibited without the prior written consent of Zylone Mail.

  • Disclaimer of Warranties

    21.     At Zylone Mail 's request, the User agrees to defend, indemnify and to hold harmless Zylone Mail , its officers, directors and employees from any claims arising from the User's use of Zylone Mail Service or the User's breach of the Terms of service, including, without limitation, claims of copyright infringement, patent infringement, misappropriation of trade secrets, libel, slander, trade libel, defamation, harassment, invasion of privacy or fraud.




  • Charges of the Service

    25.     The Service is charged according to the pricing plan selected and agreed upon by the User. All prices are in Ringgit Malaysia.

    26.     There are currently only one type of pricing plan, known as "Pay as You Go" Plan. Zylone Mail reserves the right to modify or otherwise alter the plan, add new types of Plans or vary the pricing at any time. These changes will be available to the User on the website. The User is responsible for reviewing the pricing and remaining aware of the fees charged by Zylone Mail.

    27.     Under the "Pay as You Go" Plan, Users are charged for emails sent on a per campaign basis. The rate card determines the charge per email in effect at the time the campaign is run.

    28.     All fees are exclusive of taxes. Where appropriate, value added tax (VAT), goods and services tax (GST), sales and services tax (SST) or any other tax on sales (irrespective of the designation of the tax adopted in various jurisdictions) will be added to the payment price in accordance with currently effective rates. You agree to pay any taxes applicable to your use of the Service. You represent that you are registered for VAT, GST, SST or any other tax on sales purposes in your country. At our request, you will provide us with the VAT, GST, SST or any other tax on sales registration number under which you are registered. If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.

    29.     Payment for Service will be made by credit card, PayPal or alternative payment methods, subject to restrictions on certain payment methods depending on your country.

    30.     In the event that the User fails to pay for Service, in accordance with the User plan, Zylone Mail reserves the right to suspend or terminate, with notice as set forth in Section Termination, access to the User's account and all related data and remove all the User data permanently form their servers.

  • Termination

    31.     We reserve the right to terminate or suspend your Subscription with immediate effect and refuse you any and all current or future use of the Service in the event that you violate any of the provisions of these Terms of Service or any other agreement with Zylone Mail, or cancel your Account. Without limiting the foregoing, the activities specified below each constitute a violation of our Terms of Service and grounds for immediate termination and or/suspension of your Subscription.

    1. failing to make payment when due,
    2. using the Service for abusive or prohibited practices referred in these Terms of Service;
    3. sending emails which we consider SPAM (determined on the basis of Zylone Mail algorithms and compliance procedures), in particular if:
      1. the Customer’s name or domain (which the Contacts can access by clicking links contained in emails sent by the Customer) is listed on the SpamHaus Registry Of Known Spam Organizations (ROKSO, http://www.spamhaus.org/rokso/) or such domain is listed on at least one of the following blacklists: URIBL (http://uribl.com/), SURBL (http://www.surbl.org/), SpamHaus DBL (http://www.spamhaus.org/dbl/) or ivmURI (http://dnsbl.invaluement.com/)
      2. the Customer is found spamming by SpamCop or any other anti-spam organization that reports to Zylone Mail spam trap hits through Unsolicited Commercial Email reports,
    4. breach the rules of use of our trademarks and other intellectual property,
    5. providing inaccurate, unreliable or false registrant contact details, or failing to keep such contact details up to date.
    6. assigning rights and obligations resulting from the Service agreement to a third party without prior consent of Zylone Mail.

    32.     We reserve the right to terminate the Customer’s subscription to the Service at any time without cause, with immediate effect, without incurring any liability in this respect.

    33.     Termination, suspension as well as downgrade of the Service or any of its parts or features may affect your Account, set or planned campaigns, collected data and other information, etc. Please remember that once the Service or any of its parts or features are terminated, suspended or downgraded, certain processes that took place with respect to your Account, set or planned campaigns, collected data and other information, cannot be reversed, and Zylone Mail shall bear no responsibility for consequences resulting therefrom.

    34.     The termination of the Agreement by either party will not affect the User's obligation to pay the charges incurred for services consumed and any fees due and payable, under the termination clause of this contract. All terms of this Agreement which by their nature survive termination, will survive termination, including without limitation, ownership, warranty disclaimers, indemnification and limitations of liability.

    35.     Upon termination by Zylone Mail , the User's right to use the Service will terminate immediately. The User acknowledges and agrees that Zylone Mail may remove the User's files and information.

  • Effect of Termination

    36.     User will pay any outstanding usage fees under any Plans and the Adminisrtion Fees due to Zylone Mail immediately upon termination by the User.

  • Refund Policy

    37.     Our Service is a pay-as-you-go service. Therefore, except as expressly provided below, we do not issue refunds, even if you cancel your Account immediately after your credit card is charged for a new billing period. Upon cancellation or termination, no subsequent charges will be applied to your credit card, but the amounts already charged are not refunded.

  • Miscellaneous

    38.     User acknowledges that the software, algorithms and other processes used to provide the Service, the content (other than content owned by the user or any third party), Usernames, passwords, look, feel and functionality of the services are the property of Zylone Mail or in the case of services being offered by Zylone Mail 's partners under approved distribution agreements, the property of Zylone Mail 's partners.

    39.     These terms and conditions represent the complete, final and exclusive agreement between Zylone Mail and the User, and supersede and merge all prior oral, written or electronically transmitted agreements, representations and understandings between Zylone Mail and the User.

    40.     The User agrees to grant Zylone Mail permission to include the organization’s name and logo in the Zylone Mail client list, including the Zylone Mail website, media kit and other promotional material such as client references in sales presentations, demonstrations at conferences, trade shows, and speaking engagements etc.

    41.     Any notices prescribed in this Agreement to be made "in writing" may be delivered by Email, Facsimile or Post. The laws of Malaysia will govern this Agreement. If any of the provisions of this Agreement is determined by a court to be void, invalid, unenforceable or illegal, the enforceability of the other provisions of this Agreement will not be affected.

  • Service Accessibility

    42.     We do not guarantee any minimum response times or delivery times in connection with performance of the Service. We may, at our sole discretion and without liability, change or modify the features of the Service or modify or replace any provided equipment, or software used to deliver the Service, provided that this does not have a material adverse effect on the Service. We may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to you and without any liability on our side. However, in the event of scheduled maintenance that would last for more than one day, we will use reasonable efforts to give you at least one day’s notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.

    43.     We also reserve the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the Service or any of the Websites, at any time without prior notice.

  • Disclaimer of Warranties. Limitation of Liability

    44.     You acknowledge and agree that Zylone Mail provides the Service and Websites on an “AS IS” basis and disclaims all warranties of any kind, either express or implied, including without limitation any warranty of title, merchantability, non-infringement or fitness for a particular purpose.

    45.     Every online business is unique, employing its own strategic approaches, and offering different products and services. For these reasons, individual results of each of our Customers will be different. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY, BASED UPON NUMEROUS FACTORS UNIQUE TO YOUR BUSINESS. THIS INCLUDES BUT IS NOT LIMITED TO PRODUCTS AND SERVICES YOU OFFER, YOUR BUSINESS MODEL, AND MARKETING STRATEGY.

    46.     Zylone Mail does not promise, guarantee, or warrant your business’ success, income, or sales volume. You understand and acknowledge that Zylone Mail will not at any time provide sales leads or referrals to you or your business. Customers who purchase our Service will receive access to software and tools to run online marketing campaigns, create online sales funnels, and otherwise aid their Internet marketing strategy. However, we do not promise or warrant your business’ success, and depending on a variety of market factors beyond our control, the software, tools and features we provide may or may not be suitable to your specific business. Also, we do not make income claims, return on investment claims, or claims that our software, tools and features will help you earn any specific amount of money. We also do not offer any tax, accounting, financial, or legal advice. You should consult your accountant, attorney, financial advisor or other professionals for advice on these matters.

    47.     You are solely responsible for your use of the Service, any of the Websites and any and all Content and email campaigns that you develop, operate or send using the Zylone Mail platform. It is your duty and responsibility (and not ours) to back up all your files and data stored on our servers and under no circumstances will we be liable for any loss or damages due to loss of such files or data stored on our servers.

    48.     Without limiting the foregoing, Zylone Mail is not responsible or liable to you for any:

    1. actions or omissions of any third party, including but not limited to Users or Participants, and other third parties using your Account with login credentials, passwords or details obtained from you or in other circumstances beyond Zylone Mail’s reasonable control;
    2. failure of external conditions, networks or telecommunications devices or equipment necessary to use the Service that are provided by third parties or otherwise beyond Zylone Mail’s reasonable control;
    3. insufficient or fluctuations of the bandwidth used by Customer, User or Participant which may affect Content quality.

    49.     To the maximum extent permitted by law, you agree that in connection with the Service, the Service or use thereof:

    1. Zylone Mail, its employees, directors, officers or representatives shall not be liable for any indirect, incidental, punitive, special or consequential damage or loss (even if advised of the possibility of such damage), however caused and irrespective of the nature of the cause of action, demand or claim, whether in contract, tort (including negligence) or otherwise and
    2. Zylone Mail’s entire liability to you for any and all claims, actions, proceedings, losses, liabilities, damages, costs, expenses, judgements, and awards arising under or in connection therewith (each a “Claim”), in the aggregate, regardless of the form and cause of action, whether in contract, tort (including negligence) or otherwise, shall not in any event exceed the equivalent of amount paid for the Service for one Settlement Period (Settlement Period shall mean, respectively, monthly period or 30 days) immediately preceding the date when the event causing the Claim occurred, with the exclusion of any amounts representing setup fees, List Extension Fees paid add-ons fees, or any other extra charges. The Customer hereby releases Zylone Mail, its employees, directors, officers and representatives from any and all Claims in excess of the aforementioned limitation.

    50.     Neither party shall be responsible for any delay or failure in performance of their obligations under these Terms of Service due to Force Majeure or other occurrences that are beyond reasonable control of the party in default or failing to fulfil their respective obligations. For purposes of the foregoing, “Force Majeure” means any exceptional occurrence, caused by an external factor which cannot reasonably be foreseen or prevented, including but not limited to war, natural disasters, strikes, breakdowns, DDoS attacks or other disruptions in telecommunication networks or data communication infrastructure, emergency government action and administrative measures, and activities of third party entities that affect the provision of the Service, and whose activity is independent of the parties hereto.

    51.     You agree to indemnify and hold Zylone Mail, its employees, directors, officers, co-operators and representatives harmless from any and all claims, losses (either direct or indirect), damages and expenses, including but not limited to attorney fees, based upon or arising from:

    1. any failure by you or any individual using your login credentials to comply with your obligations under these Terms of Service,
    2. violation of any law, or of the rights of any third party by you, your User, or any of your landing page visitors or Participants,
    3. your use of any third party service or integration of the Service with any third party service, or
    4. any User’s or Participant’s Content or activity. We will notify you as soon as reasonably practical of any such claim, demand or cause of action for which we will require indemnification from you.
  • Modifications to the Services

    52.     Zylone Mail reserve the right to modify or discontinue the Service, temporarily or permanently, with or without notice to the User and Zylone Mail is not obligated to support or update the Service. Zylone Mail will not be liable to the User or any third party in the event that Zylone Mail exercises its rights to modify or discontinue the Service.

  • Modification of Terms and Conditions

    53.     Zylone Mail may, at any time and at its sole discretion, modify the terms and conditions of this Agreement. Any such modifications will be made available online and will be effective immediately upon posting to Zylone Mail’s website. User agrees to assume responsibility for periodically reviewing this Agreement. By continuing to use the service, following the initial posting date of modifications made by Zylone Mail, User agrees to be bound by the Agreement as amended. User may terminate this agreement in accordance with Section Termination.