Policies & Terms

1. Subscription Management: Maintenance of Circulator? subscribers lists/groups is the responsibility of the client; the product owner does not accept responsibility for subscriber lists containing subscribers not intended to be so included. Further the product owner does not accept responsibility for the delivery of newsletters to non-signatory subscribers and in the event of such occurrence it is the client who bears the burden of any penalty or action.

All Circulator? Newsletters shall contain an ?opt out? facility which will allow subscribers, intended or otherwise to unsubscribe and thereby terminate future receipts of Circulator? newsletters from which they have received. Failure to adhere to this policy shall not be the responsibility of the product owner.

The Client must not create, send or forward ?chain mail? or unsolicited content eg. SPAM via the product.

2. Privacy: All content (articles, images, email addresses and personal data on subscribers) the client enters into the Circulator? content manager interface are stored in a private and secure fashion, and will not be used by the product owner for any other purpose other than for the client?s own use. The product owner acts as a data processor for the purposes of EU Data Protection law and the Data Protection Act 1998-2003.
Electronic newsletters come within the scope of the Data Protection Act 1998-2003. Under this legislation the electronic newsletter creator, and all its subscribers and any persons named in the electronic newsletter are entitled to view the information pertaining to them and if such information is misleading, inaccurate or in any way a misrepresentation of such persons then they are entitled to have it corrected.

The product owner 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. The product owner agrees to comply with all obligations and perform all duties imposed on a data processor by the European Union?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).

Electronic newsletters can constitute publication for the purposes of the Law of Liable.

Cancellation during the standard service contract period will result in all remaining monthly charges accruing to the client.
3. We and our suppliers provide our services and your Circulator? newsletter as it appears 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..

4. Under no circumstances 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 Circulator? newsletter or these terms of service.

5. Circulator? content policy:

5.1. The client is responsible for all content displayed on pages within your Circulator? 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 the content infringes any of the terms of this service agreement or is deemed by our content editors to be offensive, discriminatory and/or of a sexual/adult content.
5.2. The content distributed through your Circulator? 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 discriminate, victimize or harass on the grounds of gender, marital status, family status, sexual orientation, religious belief, age, disability, race, color, nationality, ethnic or national origin (d) shall not bully, hassle or harass other individuals via their Circulator? newsletter (e) shall not contain language or material that is likely to be considered abusive, offensive or inflammatory by others (f) shall not be obscene, contain pornography of any type, or contain child pornography; and (g) 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.

5.3. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

5.4. The product owner shall retain all intellectual property rights pertaining to the product, its functionality, layout, design, branding and marketing materials.

5.5. The Client shall not use the product to make use of or publish material that is obscene, libelous or defamatory or in violation of any right of any 3rd party.

5.6. Where the Client expresses its opinions, these opinions are to be viewed of that of the Client and not of the product owner.

5.7. The product owner retains the right suspend a newsletter campaign if any of the aforementioned content policies are violated.

5.8. The Client may not use Circulator for distribution of email / newsletters that do not relate to their own company or business.

5.9. The Client may not use Circulator to distribute email newsletters on behalf of their own customers or any third parties.

6. The aforementioned Terms of Service shall be governed in all respects by the laws of the Republic of Ireland. Both parties submit to jurisdiction of Ireland and further agree that any cause of action arising under these Terms of Service shall be brought in a court in Ireland. 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 Circulator? account, and any attempt to the contrary is void. These Terms of Service set forth the entire understanding and agreement between us with respect to the subject matter hereof.

7. Copyright: Any software, data, process or information contained within the product which is not generated or created by the client and which may be visible or available within the product shall not be copied or used without the expressed written permission of the owner.