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Terms of Service

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.

  1. We encourage you to build your The NewsFlash Newsletter in a way that promotes your business, organization, or personal interests.
  2. 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.
  3. 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 our services.
  4. 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.
  5. 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.
  6. 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 together!
  7. 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.
  8. 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.
  9. 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
THE FOLLOWING 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.

  1. Your The NewsFlash newsletter is initially allowed 10 megabytes of disk space, and is subsequently limited by the service plan you choose.
  2. Unless otherwise specified, the 15-day FREE trial offer is limited to 100 emails.
  3. 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).
  4. 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.
  5. 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 support@thenewsflash.info. 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.
  6. 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.
  7. PRIVACY POLICY: All content (articles, images, and 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.
  8. 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.
  9. You shall comply with all laws and regulations applicable to your use of your The NewsFlash account.
  10. 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.
  11. 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.
  12. 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.
  13. 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.
  14. With respect to content on your The NewsFlash Newsletter:
    • 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 infrastructure.
    • 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.
    • 14.5 You may not use content hosted by The NewsFlash with any other email service provider unless prior written permission has been obtained.
  1. 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.
  2. 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 website.
Copyright 2006    All rights reserved.
Ahead of the Curve is a trademarks of The NewsFlash Corporation
Terms of Service | Privacy Policy | Email Policy


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