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Newsweaver Terms of Service

The following describes the terms on which we offer our services.

We may automatically amend these Terms of Service at any time by informing you of the amended terms either when you access your Newsweaver Newsletter or via e-mail. You accept the amended terms if you access your Newsweaver account after such notification. Otherwise, these Terms of Service may not be amended except in writing signed by both parties.

• Your Newsweaver newsletter is initially allowed 20 megabytes of disk space, and is subsequently limited by the service plan you choose.
• 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:. All payments are to be made in the currency of the attached Service Order Agreement. 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 the highest amount permitted by law, which interest shall accrue daily or one and one-half percent (1.5%) per month. If Customer does not provide written notice of a dispute with respect to charges within six (6) months of the date of an invoice, such invoice shall be deemed correct and binding on the Customer. In the event Customer fails to pay an invoice within 30 days of invoice date, Newsweaver 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 Newsweaver 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@newsweaver.co.uk . If Newsweaver 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. The minimum billing period is one month. Any money paid in advance after cancellation will be refunded.
• UCE/SPAM POLICY: When supplying email lists, you are required to only use the email addresses of people who 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 himself or herself from your list. The built-in subscription management tools tied to your Newsletter should not be circumvented in any way.
• PRIVACY POLICY: All content (articles, images, email addresses and personal data on subscribers) the client enters into the Newsweaver publishing system are stored in a private and secure fashion, and will not be used by Newsweaver for any other purpose other than for the client's own use. Newsweaver act as data processor for the purposes of EU Data Protection law and as such will immediately pass on to you and assist with any subject access requests, will at all times maintain adequate levels of security in relation to your data, use your data only for your purposes and in accordance with this agreement and will promptly return/permanently delete it as and when so required by you. Newsweaver agrees that you shall have a right to audit it at any reasonable time on reasonable notice to assess its compliance with the provisions of this clause and the applicable Data Protection Act. Newsweaver agrees to comply with all obligations and perform all duties imposed on a data processor by the EU’s standard form clauses for the transfer of data to a data processor overseas in relation to your data. We will not disclose any of your data to any third party except in the case where we are obliged to do so under the terms of the above mentioned Act ( example: a police enquiry).
• You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to access your Newsweaver account and our servers. We may add, delete or change some or all of the services provided at any time in our sole discretion providing that these changes are reasonable and do not have a significant impact on the service purchased.
• You shall comply with all laws and regulations applicable to your use of your Newsweaver account and Newsweaver will comply will with all applicable laws in the supply of the service.
• We may terminate your Newsweaver account immediately if you breach these Terms of Service or if we are unable to verify or authenticate any information you provide to us. Following termination a one week time period will be provided for the removal of your data.
• We and our suppliers provide our services and your Newsweaver newsletter "as is" and without any warranty or condition of any kind, express or implied other than that we carry out our service with a reasonable level of skill and care and save as expressly set out in these terms.
• In no event shall we or our suppliers or our technology partners be liable for any lost profits or special, incidental or consequential damages arising out of or in connection with your Newsweaver newsletter or these terms of service. Our liability to you or any third parties is limited.
• With respect to content on your Newsweaver Newsletter:
  • 12.1. You are responsible for all content displayed on pages within your Newsweaver 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.
  • 12.2. The content distributed through your Newsweaver 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, anti-discrimination or false advertising); (c) shall not be defamatory, trade libellous, 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 that imposes an unreasonable or disproportionately large load on our infrastructure.
  • 12.3. 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 12.2, 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 Newsweaver 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.
  • 12.4. Solely for the purposes of displaying your Newsweaver 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 Newsweaver Newsletter. These rights will terminate on termination of the Agreement.Newsweaver.
• Support is available 9:00am to 5:30pm GMT Monday to Friday excepting national holidays. We endeavour to respond to all incidents within one hour but generally response time is within 15 minutes.
• Although most problems are resolved within one hour, we attempt to have all problems resolved within a 4 hour period. The Newsweaver servers have an uptime of in excess of 99% in a monthly period excluding planned downtime. Any planned downtime is conducted out of normal office hours and clients are notified in advance.