The NewsFlash Rules and Regulations
The following standards and
expectations must be met during the term you are a subscriber to the
The NewsFlash service.
- We encourage you to build your The NewsFlash Newsletter in a
way that promotes your business, organization, or personal
- It is inappropriate to put any offensive, pornographic or
hateful material, or any other material that is inconsistent
with our community, in your The NewsFlash Newsletter. Note that
pornography and other certain types of content, specified in the
Terms of Service, are NOT permitted on your The NewsFlash
Newsletter at all.
- Our service can provide you with access to content provided by
other people. We cannot fully control all of the content
available from our servers. By its very nature, other people's
content may be offensive, harmful or inaccurate, and in some
cases content will be mislabeled or deceptively labeled. We
expect that you will use caution--and common sense--when using
- You are, of course, welcome to publicize your The NewsFlash
Newsletters, although it is forbidden (and possibly illegal) to
use unsolicited email or spam to publicize your The NewsFlash
Newsletter (see UCE/SPAM terms below). It is also inappropriate
to widely publicize your password if you have placed your
content behind password protection.
- The NewsFlash is a collaborative website editor. If you decide
to give another person editing rights for your account, you will
be taking complete responsibility for that person's
contributions to your site. Therefore, you should clarify in
advance with such people your expectations and guidelines for
behavior on your The NewsFlash Newsletter. Of course, they will
need to agree to and behave in accordance with our Terms of
Service as well.
- If you accept editing privileges at an The NewsFlash
Newsletter other than your own, you should adhere to the
guidelines established by the keeper of that The NewsFlash
Newsletter. Collaboration will not succeed unless everyone works
- You may not connect to our service using external software or
systems or through external Web sites. Only interactive
human-operated use of the software via a standard Web browser is
permitted unless you obtain written permission within a service
order or contract.
- The companion micro-site (i.e., the pages and images
hosted on the Web) cannot be used with or called from 3rd party
emailing services without prior written permission. You may not
design your newsletter with The NewsFlash and distribute the
newsletter with another service provider.
- If you see any violations of our Terms of Service, or if you
have any problems or concerns, please contact our Customer Support.
The NewsFlash Terms of Service
DESCRIBES THE TERMS ON WHICH WE OFFER YOU SERVICES. BY PRESSING THE
"I ACCEPT" BUTTON WHEN YOU CREATE AN ACCOUNT, YOU ACCEPT THE TERMS
AND CONDITIONS BELOW. If you do not accept these terms and
conditions or have any questions, please contact
Customer Support. We may automatically amend these
Terms of Service at any time by informing you of the amended terms
either when you access your The NewsFlash Newsletter or via email.
You accept the amended terms if you access your The NewsFlash
account after such notification. Otherwise, these Terms of Service
may not be amended except in a writing signed by both parties.
- Your The NewsFlash newsletter is initially allowed 10
megabytes of disk space, and is subsequently limited by the
service plan you choose.
- Unless otherwise specified, the 15-day FREE trial offer is
limited to 100 emails.
- TERM: The term of service begins at the date a service
order is signed, or billing is initiated, and will automatically
be renewed for successive terms unless cancellation notice is
given according to the Cancellation Policy (see below).
- PAYMENT TERMS: After your FREE trial, should you
continue to use the service, you agree and promise to pay all
applicable fees. All payments for charges will be made in U.S.
Dollars. Monthly and/or Quarterly charges shall be invoiced to
Customer in advance at the beginning of the period. Any
additional usage charges will be invoiced in arrears. In all
cases, payments for services are due within thirty (30) days of
the invoice date. Amounts that are not paid in full within
thirty (30) days of the invoice date will be subject to interest
charges of the lesser of one and one-half percent (1.5%) per
month or the highest amount permitted by law, which interest
shall accrue daily. If Customer does not provide written notice
of a dispute with respect to charges or taxes within six (6)
months of the date of an invoice, such invoice shall be deemed
correct and binding on Customer. In the event Customer fails to
pay an invoice within 30 days of invoice date, The NewsFlash may
issue a notice of default and may discontinue services in the
event Customer has not fully paid all invoices within seven (7)
days of the default notice.
- CANCELLATION POLICY: Client must provide The NewsFlash
with a thirty (30) day notice of cancellation in email form. The
email must state the account name, date and reason for
cancellation and be sent to email@example.com. If The
NewsFlash does not receive written notification of cancellation
or client does not receive emailed acknowledgement of
cancellation, the client is responsible for each billing period
until such written notice is given.
- UCE/SPAM POLICY: When supplying email lists, you are
required to only use the email addresses of people who you have
a pre-existing business or personal relationship with you or who
have indicated their desire to receive email communications from
you ("opt-in"). In addition, you must not prevent a Newsletter
subscriber from automatically removing themselves from your
list. The built-in subscription management tools tied to your
Newsletter should not be circumvented in any way.
email addresses) the client enters into the The NewsFlash
publishing system are stored in a private and secure fashion,
and will not be used by The NewsFlash for any other purpose
other than for the client’s own use.
- You are responsible for paying all applicable taxes and for
all hardware, software, service and other costs you incur to
access your The NewsFlash account and our servers. We may add,
delete or change some or all of the services provided at any
time in our sole discretion.
- You shall comply with all laws and regulations applicable to
your use of your The NewsFlash account.
- We may terminate your The NewsFlash account immediately if you
breach these Terms of Service or if we are unable to verify or
authenticate any information you provide to us. We may also
terminate your The NewsFlash account if we decide, in our sole
discretion, to discontinue offering you our services. Following
termination, we may remove some or all of your content from our
servers or elect to retain it, at our sole option.
- Although privacy issues are very important to us, given the
current regulatory and technical environment you should not have
an expectation of privacy in your The NewsFlash account or any
content or information associated with it. By way of example
(without limiting the foregoing), we may be forced to disclose
information to the government or third parties under certain
circumstances, or third parties may unlawfully intercept your
private communications. We cannot ensure that all private
communications or information associated with your The NewsFlash
Newsletter will remain private.
- WE AND OUR SUPPLIERS PROVIDE OUR SERVICES AND YOUR The
NewsFlash NEWSLETTER "AS IS" AND WITHOUT ANY WARRANTY OR
CONDITION OF ANY KIND, EXPRESS OR IMPLIED. Some states do not
allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you
specific legal rights and you may also have other legal rights
which vary from state to state.
- IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY LOST
PROFITS OR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER
ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION
WITH YOUR The NewsFlash NEWSLETTER OR THESE TERMS OF SERVICE.
OUR LIABILITY TO YOU OR ANY THIRD PARTIES IS LIMITED TO $50.
Some states do not allow the limitation of liability, so the
foregoing limitation may not apply to you.
- With respect to content on your The NewsFlash Newsletter:
14.5 You may not use content hosted by The NewsFlash with any
other email service provider unless prior written permission has
- 14.1 You are responsible for all content displayed on pages
within your The NewsFlash Newsletter, including content provided
by you or by any person that you give editing rights to.
However, we reserve the right to take any action with respect to
your content if we believe it may create liability for us or may
cause us to lose (in whole or in part) the services of our ISPs
or other suppliers.
- 14.2 The content distributed through your The NewsFlash
Newsletter: (a) shall not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or
rights of publicity or privacy; (b) shall not violate any law,
statute, ordinance or regulation (including without limitation
the laws and regulations governing export control, unfair
competition, antidiscrimination or false advertising); (c) shall
not be defamatory, trade libelous, unlawfully threatening or
unlawfully harassing; (d) shall not be obscene, contain
pornography of any type, or contain child pornography; and (e)
shall not contain any viruses, trojan horses, worms, time bombs,
cancelbots or other computer programming routines that are
intended to damage, detrimentally interfere with,
surreptitiously intercept or expropriate any system, data or
personal information. You may not take any action which imposes
an unreasonable or disproportionately large load on our
- 14.3 We believe in each person's right to express themselves,
but sometimes the words you want to speak will be inappropriate
for the community at large. From time to time, we may ask you to
place some or all of your content behind password protection if
we believe such content is inappropriate for the community at
large (unless they violate Section 8.2, in which case they
should not be on our system at all). If we ask you to place your
content behind password protection and you fail to do so
promptly, we at our sole option may choose to (a) place such
content behind password protection ourselves, or (b) terminate
these Terms of Service and your The NewsFlash account.
Furthermore, in cases where we have asked you to place content
behind password protection or the content otherwise
appropriately belongs behind password protection, you may not
publish your password in such a way that negates the limited
access nature of the password protected site.
- 14.4 Solely for the purposes of displaying your The NewsFlash
Newsletter on the Internet (at your private URL), you hereby
grant to us the right to exercise appropriate intellectual
property rights with respect to any content you place on your
The NewsFlash Newsletter.
- These Terms of Service shall be governed in all respects by
the laws of the Commonwealth of Massachusetts as such laws are applied
to agreements entered into and to be performed entirely within
Massachusetts between Massachusetts residents. Both parties
submit to jurisdiction in Massachusetts and further agree that
any cause of action arising under these Terms of Service shall
be brought in a court in Boston, Massachusetts. We do not
guarantee continuous, uninterrupted or secure service, and we
are not liable if you are unable to access your The NewsFlash
account or our services. If any provision of these Terms of
Service is held to be invalid or unenforceable, such provision
shall be struck and the remaining provisions shall be enforced.
Our failure to act with respect to a breach by you or others
does not waive our right to act with respect to subsequent or
similar breaches. You may not assign or transfer these Terms of
Service or your rights in your The NewsFlash account, and any
attempt to the contrary is void. These Terms of Service sets
forth the entire understanding and agreement between us with
respect to the subject matter hereof.
- The services hereunder are offered either originally or
through private label as The NewsFlash by eLetra Corporation,
located at 1254 Chestnut Street, Newton, MA 02464. eLetra
Corporation's phone number is (617) 964-4400. If you are a
Massachusetts resident, you may have this same information
emailed to you by sending a letter to the foregoing address with
your email address and a request for this information. Fees for
services are described in the product information section of our