Through its newstracker.co.uk (the 'Services') vcommunications limited ('vcommunications limited') provides web site operators and other individuals a variety of tools and resources to collect visitor e-mail addresses and to create, launch, and manage online e-mail campaigns. This service may not be used for the sending of unsolicited e-mail (sometimes called 'spam'). See our Anti Spam / Privacy Policy. The following are the terms and conditions for use of the Services.

1. Services and Support

1.1 The Services are provided subject to this Agreement, as it may be amended by vcommunications limited, and any guidelines, rules or operating policies that vcommunications limited may establish and post from time to time (the 'Agreement'). By posting updated versions of the Agreement at the newstracker.co.uk web site, or otherwise providing notice to you, vcommunications limited may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Services at its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service.

1.2 The Services are available only to persons who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to individuals under the age of 18. If you do not qualify, please do not use the Services.

1.3 The Services enable corporate web sites, small business web sites, and community sites to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute e-mail communications with visitors and other targeted prospects.

1.4 Both the number of e-mail messages sent and the number of KiloBytes of data transferred are metered by newstracker.co.uk. Normal newstracker.co.uk accounts allow you to send a fixed number of e-mail messages per month with the total KiloByte data transfer of all messages not exceeding 20 KiloBytes multiplied by the total number of allowed e-mail messages per month. Additional data transfer may be purchased. Unused e-mail volume and unused data transfer do not carry over from month to month.

1.5 For standard accounts, the Services will be subject to monthly subscription fees ('Paid Services'). Access to the Services will be disabled until payment is received. Paid Services are billed quarterly, 3 months at a time, in advance, according to the Fee Schedule provided to you by vcommunications limited, unless alternate billing arrangements have been agreed to by you and vcommunications limited. The Fee Schedule, including volumes of e-mail, data transfer limits, and prices, are subject to change at any time. All fees paid to vcommunications limited for newstracker.co.uk are non-refundable, unless account is terminated by vcommunications limited for a reason other than violation of the Anti Spam / Privacy Policy. Payment for Services will be arranged by vcommunications limited. Monthly pricing may vary based upon number of e-mails sent, the amount of distribution lists and the size of e-mails sent, and you are responsible for reviewing the Fee Schedule from time to time and remaining aware of the Fees charged by vcommunications limited.

1.6 For all accounts, vcommunications limited may charge an account re-activation fee should an account need to be re-activated due to non-payment or an untimely authorization for payment.

1.8 As part of the registration process, you will identify an e-mail address and password for your newstracker.co.uk account. You are responsible for maintaining the security of your account, passwords, and files, and for all uses of your account and of the Services in your name. vcommunications limited reserves the right to refuse registration of, or cancel, accounts it deems inappropriate.

1.9 It is understood that vcommunications limited makes no guarantee that HTML messages will be rendered properly on all recipients' e-mail programs, due to the wide variety of HTML generation tools available. vcommunications limited makes every attempt to make sure that all e-mail messages sent through our servers follow W3C and IETF e-mail standards, but we cannot guarantee that messages will look consistent across all e-mail platforms due to the number of different HTML composition tools available. For best results vcommunications limited recommends, but does not guarantee, the use of HTML editors that generate HTML that adheres to W3C standards. vcommunications limited also provides a built-in browser-based HTML editor which you may use to compose your HTML message. This is provided as-is. vcommunications limited makes no guarantee that the HTML generated by the browser-based HTML editor will result in messages that look the same on all e-mail platforms.

1.10 To receive support, you must either send an e-mail to post@vcommunications.co.uk or call the support telephone number listed on the Contact Details page of the newstracker.co.uk web site. Some support issues are outside the scope of vcommunications limited's standard support - these issues may be denied support alltogether or quoted for separately, at which time the customer will have the opportunity to decide whether to proceed or not.

2. Restrictions and Responsibilities

2.1 This is an Agreement for Services, and you are not granted a license to any software by this Agreement. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any software, documentation, or data related to the Services ('Software'); remove any proprietary notices or labels from the Services or any Software, modify, translate, or create derivative works based on the Services or any Software; or copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software. The Services shall be used for your internal business (which includes civic or charitable) purposes only and you shall not use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party. If you are using the Services in the European Community, the prohibition against modifying, translating, reverse engineering, decompiling, disassembling or creating derivative works based on the Services or the Software does not affect your rights under any legislation implementing the E.C. Council Directive on the Legal Protection of Computer Programs.

2.2 You acknowledge and agree that the Services and the vcommunications limited company names and logos and all related product and service names, design marks and slogans, are the property of vcommunications limited or its affiliates or suppliers (collectively, the 'Marks'). You are not authorized to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of vcommunications limited. Your use of the Services confers no title or ownership in the Service, the Software or the Marks and is not a sale of any rights in the Service, the Software or the Marks. All ownership rights remain in vcommunications limited or its third party suppliers, as the case may be.

2.3 You represent, covenant, and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You hereby agree to indemnify and hold harmless vcommunications limited against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. Although vcommunications limited has no obligation to monitor the content provided by you or your use of the Services, vcommunications limited may do so and may remove any such content or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing.

2.4 The Services may only be used for lawful purposes. Transmission or solicitation of any material that violates laws that may apply in this jurisdiction or your local area is prohibited. This may include material that is obscene, threatening, harassing, libelous, or in any way a violation of intellectual property laws or a third party's intellectual property rights.

2.5 In using the varied features of the Services, you may provide information (such as name, contact information, or other registration information) to vcommunications limited. vcommunications limited may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Service, or communicate separately with you. If you licensed the Services as a result of solicitation by a Marketing Partner of vcommunications limited, vcommunications limited may share your information with the Marketing Partner. vcommunications limited will not provide information to companies you have not authorized, and vcommunications limited will not permit the companies that get such information to sell and redistribute it without your prior consent.

2.6 vcommunications limited will not use your customer list or any other customer information for any other purposes than those intended with the service. Your customer information will not be shared with any other parties. In addition, vcommunications limited will not use your customer information for the purpose of sending unsolicited commercial e-mail.

2.7 You will adopt and maintain the Anti Spam / Privacy Policy Statement, which may be modified by vcommunications limited from time to time.

3. Termination

3.1 You may terminate this Agreement with a minimum of three month notice by sending an e-mail message to post@vcommunications.co.uk or by sending written notice to our UK address. No refunds will be issued if you terminate this agreement.

3.2 vcommunications limited may terminate this Agreement or the Services at any time with or without cause, and with or without notice. Upon termination by vcommunications limited for reason other than violation of the Anti Spam / Privacy Policy, vcommunications limited will provide you a proportionate refund of the advance quarterly payment which vcommunications limited has received for the then-current month, based on the number of days remaining in the quarter following the date of termination. Except for such refund, vcommunications limited shall have no liability to you or any third party because of such termination. If vcommunications limited terminates this agreement because you violated the Anti-Spam policy, no refund will be issued.

3.3 vcommunications limited may delete any of your archived data within 30 days after the date of termination. All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.

4. Warranty Disclaimer; Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. vcommunications limited DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED 'AS IS' AND vcommunications limited DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

Your sole and exclusive remedy for any failure or nonperformance of the Services shall be for vcommunications limited to use commercially reasonable efforts to adjust or repair the Services.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL vcommunications limited OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS ' vcommunications limited') BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF vcommunications limited SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY. IN THE EVENT THAT NOTWITHSTANDING THE FOREGOING, vcommunications limited IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE LIABILITY OF vcommunications limited TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

6. Miscellaneous

6.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

6.2 vcommunications limited and you agree that the Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of the Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

6.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind vcommunications limited in any respect whatsoever.

6.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

6.5 These terms of business and their application shall be governed by and construed in accordance with English Law.

8. System Requirements

It is understood that in order to use newstracker.co.uk, a stable connection to the Internet is required. newstracker.co.uk works in all current browsers - including Mozilla Firefox - on Apple OSX, Windows XP and Windows 2000 PC platforms. Additionally, newstracker.co.uk may work in a limited manner on Netscape web browsers, but there is no guarantee of full functionality.

9. Compliance rules for sending e-mail

All newstracker.co.uk customers must follow the rules of our Anti Spam / Privacy Policy when sending e-mail through the service. 1. All e-mails must contain non-Internet contact information of the sender, such as your company's address, or your company's phone number. 2. All e-mails must state the reason the recipient is receiving the message. These 2 guidelines will help ensure that newstracker.co.uk maintains its reputation and white-listing status with a number of major ISPs and white-listing programs.