Terms and conditions

 

a) Content to be provided by client. Stock photos/graphics will be used for design in the event that client does not remit content at a cost to client for a custom website. Please submit any logos or other artwork.

 

b) After Dark Grafx reserves the right to refuse quality of artwork if it does not meet required standards.

 

c) Once client has submitted all materials, website will be online for client approval as stated in provided service agreement.

 

d) After Dark Grafx has no control over the content of sites that our clients choose to link to.

 

e) After Dark Grafx assumes no responsibility if a site that you choose to link to has inaccurate data, goes offline or does not allow you to link to it for any reason.

 

f) After Dark Grafx assumes no responsibility for loss or theft of information on websites.

 

g) After Dark Grafx cannot guarantee specific placement in any search engine.

 

h) After Dark Grafx has reduced pricing, with that said, After Dark Grafx reserves the right to place a "Website Designed by: After Dark Grafx" link on all websites designed by After Dark Grafx. and a "Website Hosted by: After Dark Grafx" link on all sites hosted with After Dark Grafx.

 

i) After Dark Grafx. agrees to provide the services stated on this agreement. This shall remain in full effect until such a date that either party provides 30 day written notice of cancellation or client interrupts payment of monthly hosting fees.

 

j) All services/graphics/elements/icons/content offered by After Dark Grafx are said to be used lawfully. This includes any federal, state and local law, as well as the rules of the accetable use policies for Usenet and the Internet as a whole. After Dark Grafx may not be held responsible in anyway for any reason, for damages suffered or revenues lost through the use of our services or for loss of service due to network outages, regardless of cause, failures in hardware, software failure, telephone company and/or ISP outages.

 

k) Change policy: Changes to site after it is completed and on the internet, are billed at our hourly fee. Text on any page is changed for free to include only one page (8 1/2 x 11) per month. Additonal changes are billed at our regualar hourly fee of $65 per hour. If needed, after completion, a complete redesign of website will require another retainer and a custom estimate will be supplied for job.

 

l) Browser compatibility: After Dark Grafx guarantees to be coompatible with Internet Explorer 8 and above, Firefox, Chrome and Safari. If mobile site, please contact After Dark Grafx for compataility and cost.

 

m) Disclaimer and Refund Policy: After Dark Grafx, is not responsible nor will be held liable for any content that may be on client's website. It is up to the client to police their own websites for vulgar or inappropriate content, language or anything that may be deemed as inappropriate. Client has read the Acceptable Use Policy and Terms of Conditions located at http://www.afterdarkgrafx.com/HTML/supportafd.html. I the event that website is in violation of the AUP then website will be suspended pending investigation.

 

n) Refund for Design: If not completely satisfied with the results that After Dark Grafx has given, or if After Dark Grafx, did not meet defined goals, client may receive a refund less houlry fees billed at $85 per hour, any payments to Search Engines on behalf of client for listings or any payments made to third parties , sub-contractors, and any other companies for services rendered on behaly of client are non-refundable. I understand that there are no long term contracts unless for promotional reasons and I may stop my service at any time with 30 days written approval from me or an authorizing party of my/our company and all outsatnding invoices are brought current the client's account will be considered closed. I understand it is my sole responsibility to make copies or backup files of any data that may be on the server prior to deletion of our account and hold After Dark Grafx., completely harmelss. Once files are deleted from the server, they may not be recovered.

 

n.2) Refund for Printing: All Sales are Final.

 

o) Termination: I further understand that After Dark Grafx. may discontinue service, delete or terminate my account at anytime for any violation of the acceptable use policy, spam, terms of service or for any reason deemed a violation of our policies without written notice.

 

p) Payments: All payments must be made in a timely manner and received on due date of invoice. Any payments received after the 5th day of due date will incur an additional late fee of 5% of invoice per month past due. If more than 30 days past due service may be temporarily suspended until full payment is made. After 60 days, account will be deleted from the server and invoice will be sent to our collection department.

 

q) Monthly Hosting: Monthly hosting price whether ecommerce, database, default html, php, deciated server, etc. is subject to change without notice. As prices increase for cost of goods, operating costs, etc. Monthly hosting prices will increase based on current market trends.

 

r) Shipping Policy: We only offering shipping for our print-based products, including; business cards, postcards, brochures and flyers. We only ship to the 48 contiguous states.

 

s) Returns on Printing: Since print projects are approved by a proof remitted to the client prior to the project being sent to print, all sales are final and there are no returns on the printed piece. In the event that the printed piece does not meet client expectations as to quality of paper, gloss or color, After Dark Grafx will attempt to reprint the project or offer a full refund with 30 days of receiving printed project.

 

t) Backups: It is client's sole responsibility to make backups or all website, database and other files on their accounts which they believe are important. Clients are given control panel access to backup and save their website files. After Dark Grafx retains backups for up to one year but clients cannot rely on these backups to be authentic or non corrupt based on longevity, disk errors or other data corruption that may occur. Client is given resources and is ultimately liable for all files on website.

 

u) Upgrades: Upgrades or Updates to websites, plugins, engines or any upgrade needed for website is performed at the cost of our Clients. Upgrades/Updates are not automatically performed for websites to include but not limited to: Wordpress Versions or Plugins, Miva Merchant Versions or Plugins or Modules or Engines, Magento Versions or Plugins, WooCommerce Plugins or Modules and any other CMS, eCommerce or website developed by and/or hosted by After Dark Grafx because of the custom nature of our web development process unless indicated in agreement as such.

 

Upon signing up with After Dark Grafx it is understood that you fully agree with the terms and conditions as stated above.

 

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TERMS OF SERVICE SPAM CONTROL

 

Service Fees
We've tried to make our pricing as competitive as possible. By subscribing to our service you agree to pay the service fees as described on our pricing schedule that is published on our website. Subscription based fees are paid in advance of services rendered and are due on the first day of your subscription term. If a free trial is offered, then subscription fees are not due until the end of the free trial.

 

You also agree to pay any additional fees that are assessed in accordance with the our pricing schedule, which may be incurred through the use of the service. For example, there may be additional fees assessed if your domain uses the "catch-all" feature and receives more than the specified limit of emails that can be filtered at the base price. These additional fees will become due at the time they are assessed. Auditing systems will review usage patterns on your account on a daily basis and will send an email notification if it is projected that additional fees will be assessed to your account in the current month. In addition, a "dashboard" feature has been provided that can assist you in determining if additional fees will be assessed. However, in the event that you do not receive or view a notice, or you do not use the dashboard to monitor your account usage, you will still be responsible to pay the applicable fees incurred.

 

Automatic Deduction of Fees
To subscribe to our service you are required to provide a valid credit card number or checking account number and agree to have the fees automatically deducted from this credit card or checking account on the day they are due. You may update your payment method at any time by logging in to your account. Disregard if thru reseller.

 

Delinquent Accounts
In the event that we are unable to deduct the applicable fees from your selected payment method, we will attempt to notify you by email. It is your responsibility to ensure that your account contact information is current and that your email account is functioning properly so that you may receive such notices.

 

Once your account is 10 days delinquent, a 10% late fee or $5 (which ever is more) will be assessed. An account that is 30 days or more delinquent is subject to suspension and/or cancellation.

 

Acceptable Use
All services provided by After Dark Grafx, it’s vendors, resellers, partners,may be used for lawful purposes only. The subscriber agrees to indemnify and hold harmless After Dark Grafx from any claims resulting from the use of service which damages the subscriber or any other party.

 

Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion. In most cases, we will only cancel or suspend service for accounts that are more than 30 days delinquent in paying service fees, but will also do so if it is determined that refusal of service will protect our service and its customers from harm.

You agree to not hold After Dark Grafx liable for any loss of service that is suffered from any such actions in this clause.

 

Cancellations, Credits & Refunds
Subscription cancellations must be authorized by main account holder.

Services are billed on an annual basis. If you cancel subscriptions that have been pre-paid for more than one month, a credit will be issued for any unused full months of service. Credits do not expire and will be automatically applied to future invoices on your account. No partial month credits will be offered.

Payments made within the last 30 days are eligible for a pro-rated refund upon request

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Limitation of Liability
After Dark Grafx, partners, vendors, other shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from use of After Dark Grafx's email service for any reason. This would include, but is not limited to, loss of email, service outages and unauthorized data breaches.

 

Disclaimer
After Dark Grafx cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if they had not suffered a loss of email or service due to the failure of After Dark Grafx services. Certain services provided by After Dark Grafx may rely on third party products and services. Thus, certain equipment, routing, software and programming used by After Dark Grafx are not directly owned or written by After Dark Grafx. Moreover, After Dark Grafx holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as After Dark Grafx sees fit.

 

Account Activation
By activating your account with After Dark Grafx, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.

 

Service Uptime Guarantee
After Dark Grafx guarantees 99% service availability, and have taken measures that make 100% service availability very likely. Should we fail to deliver 99% service availability for any given calendar month, your account will be refunded a pro-rated amount for the duration that exceeds 99% downtime, upon client request.

 

Changes to our Terms of Service
After Dark Grafx reserves the right to amend any or all of the above policies, guidelines, disclaimers, and also pricing and service offerings published elsewhere on this website at its sole discretion. Customers have 30 days to accept changes to the Terms of Service or cancel their service. Continued use of the service beyond 30 days shall be construed as acceptance of changes made to this document. Customers that wish to receive an email notification when changes are made should send a request to After Dark Grafx by email and should await confirmation from After Dark Grafx that this request should be processed. If customer should fail to receive confirmation within one business day that confirms their subscription to the notifications list, customer should re-send their request. Failure to receive an email notification regarding changes to this document, whether subscribed to the confirmation list or not, shall not exempt customers from their obligations as described in this document.

 

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Anti-Spam Policy

 

By subscribing to the After Dark Grafx Service (hereinafter "the Service"), the User accepts to use it in compliance with the After Dark Grafx Anti-Spam Policy stated below. The use of the Service is also subject to the applicable Privacy Policy and Terms of Service.

 

After Dark Grafx offices at: 2534 State Street Suite #462 San Diego CA 92101 (hereinafter: “After Dark Grafx” or “we”) follows a zero tolerance spam policy and prohibits users from sending unsolicited emails in any form while using the Service.

 

1. Legal Requirements

After Dark Grafx requires all Users to comply with the following legal requirements established for commercial email service providers: CAN SPAM Act of 2003, the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on legal aspects of information society services, in particular, electronic commerce in the Internal Market ('Directive on Electronic Commerce'), along with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector (‘Directive on Privacy and Electronic Communications’) and laws in force of the User’s country of residence.

 

2. What Is Spam?

Spam, also known as junk mail, is an unsolicited commercial email messages, especially bulk email message. Unsolicited means that the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages, all having substantively identical content. The term 'spamming' refers to transmitting, distributing or delivering any unwanted commercial e-mail correspondence, especially in mass quantities, thru the electronic means of communication.

 

3. Verification

Subscribers can be added to the Service account (“After Dark Grafx Account”) in multiple ways. They may either send a blank email to account address at After Dark Grafx.com or fill out a capture form on our website. Users of After Dark Grafx must have their subscriber's permission to process their data. It is prohibited to send messages to any person that has not expressed their consent to receive such information from the User. We would like to note that the subscriber’s consent may not be presumed or infer from the statements of other content. In addition, subscribers may withdraw their consent at any time.

After Dark Grafx will send a new subscriber a message confirming their interest in receiving information from the User. Users may request to disable the confirmation for email and web subscriptions.

We recommend "confirmed opt-in" to all Users. This efficiently prevents spam complaints and makes the list much more responsive, as subscribers are receiving information they expect. The confirmation email may be customized, so that recipients can easily recognize to which list they subscribe.

After Dark Grafx strictly prohibits users from renting, leasing and/or purchasing email addresses from a third party, as well as from gathering them through surreptitious methods, such as scraping or harvesting. The use of any kinds of automated solutions, software or scripts is strictly prohibited. The User may store, manage the data and send electronic information only to those recipients who have expressly agreed to receive such information from the User.

We reserve the right to verify the list of subscribers imported by the User in terms of their quality, i.e. among others possessing required approvals for the sending of electronic messages, existence of spam-traps or misspellings. The negative result of such a verification entitles us to reject the imported list. If a greater number of email addresses is imported, we reserve the right to require the User to carry out a test dispatch to a part of email addresses. The User's capability to import the entire list or send messages to the remaining email addresses from the list will depend on the results of the test dispatch.

4. Content of Your Messages

The User must provide true and accurate information to be used in their email headers, i.e. "From" and "To" data must clearly identify the sender. The subject line must not be deceptive, and thus mislead the subscriber about the purpose and content of the message.

The messages cannot contain any vulgar or illegal content.

 

5. Postal Address

The User must provide their true and accurate postal address that will be included in each message footer. The User is required to maintain and promptly update this data to ensure it is current, complete and accurate.

 

6. Removals

Each message sent from an After Dark Grafx Account contains an unsubscribe link that cannot be removed. The link automatically updates the mailing list to ensure that a subscriber that has opted out will not be sent any further mailings. We utilize phplist and open source language for this process. Otherwise, users are sent to paid services like MailChimp, Vertical Response or other and must abide by that company's terms of service.

 

The User is not allowed to send messages to any individual that had been added to the mailing list, but later unsubscribed from it. User/Customer must handle all unsubscribe requests. The list of individuals that have opted out shall be provided in the Customer's Account. In the event that we receive complaints from users on your list, we will immediately suspend your account pending investigation.

 

7. Agreement Violations

The User must not use the Service to send any unsolicited and unwanted e-mail correspondence. Neither the After Dark Grafx.com email address, nor the After Dark Grafx URL may be included in a bulk message or in a bulk-advertised web page.

We reserve the right to issue a warning should the User be found spamming or using the Service for any abusive or illegal practices. Appropriate actions, such as terminating User’s account without notice or a refund and/or reporting the Customer and the incident to their ISP and proper authorities shall be taken should the User appear to perform or be performing such practices, despite the explicit warning. Without limiting the foregoing, the User shall be liable for any loss incurred or damage suffered by After Dark Grafx or any third party should such loss result from noncompliance with this Anti-Spam Policy.

If you believe you have been spammed, please notify abuse@After Dark Grafx.com.

 

 

 

 

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End-User Services Agreement

AFTER DARK GRAFX SERVICES ARE USED IN PROVIDING THESE SERVICES TO YOU ON THIS SITE AND INCLUDE PROPRIETARY MATERIALS, THE USE OF WHICH IS SUBJECT TO THE TERMS AND CONDITIONS OF THIS END-USER AGREEMENT, AS AMENDED FROM TIME TO TIME UPON NOTICE FROMAFTER DARK GRAFX, WHICH NOTICE MAY BE PROVIDED TO YOU ON THE PAGES THROUGH WHICH YOU ACCESS OR USE THE SERVICES. PROCEEDING WITH THE USE OF THE SERVICES, OR THE CONTINUED USE OF THE SERVICES AFTER RECEIVING NOTICE OF ANY CHANGES, CONSTITUTES YOUR ASSENT TO AND ACCEPTANCE OF THE END-USER AGREEMENT. IF YOU DO NOT AGREE WITH ALL THE TERMS, YOU MUST NOT USE THE SERVICES!

 

END-USER SERVICES AGREEMENT

This End-User Services Agreement ("Agreement") is an agreement between you, an individual or an individual acting on behalf of your employer, a corporation, partnership, or other legal entity that will be using After Dark Grafx's services ("User" or “you”), acting through, After Dark Grafx, located at 2534 State Street #462, San DIego, CA 92101. ("Company"), and the owner of the Web site through which you have requested After Dark Grafx's services ("Customer"). After Dark Grafx's services, as described below in Section 2 (the "Services"), include proprietary materials, the use of which is subject to the terms and conditions of this Agreement.

  1. Acknowledgement and Acceptance of Agreement.
  2. The Services, provided by Company on behalf of Customer, are provided to User under the terms and conditions of this Agreement any amendments to this Agreement and any operating rules or policies that may be published from time to time by Company and Customer, all of which are hereby incorporated by reference. This Agreement comprises the entire agreement between User and Company and supersedes any prior agreements pertaining to the subject matter contained herein.

  3. Description of Services.
  4. Company, on behalf of Customer, is providing User with certain email services or any other services which Company may elect to provide on behalf of Customer in the future. These Services are provided to User at the discretion of Customer, and Company has no obligation to provide the Services directly to User. Company does not charge User for the Services (though Company may do so at any time in the future), but may charge for enhancements User may elect to obtain (e.g., SpamControl or Paid End User individual upgrades such as phplist, etc.).

    Company, on behalf of Customer, is providing User with certain email services or any other services which Company may elect to provide on behalf of Customer in the future. These Services are provided to User at the discretion of Customer, and Company has no obligation to provide the Services directly to User. Company does not charge User for the Services (though Company may do so at any time in the future), but may charge for enhancements User may elect to obtain (e.g., SpamControl or Paid End User individual upgrades such as phplist, etc.).

    Company and Customer also reserve the right to modify or discontinue, temporarily or permanently, the Services with or without notice to User. User agrees that Company, Customer, and their third party service providers shall not be liable to User or any third party for any modification or discontinuance of the Services. 

    If User elects to purchase the Company’s(e.g., SpamControl or Paid End User individual upgrades such as phplist, etc.)., the terms under Appendix 1 attached hereto shall apply.

  5. User’s Registration Obligations.
  6. User must be at least thirteen (13) years old to register for the Services. In consideration of use of the Services, User agrees to: (a) provide true, accurate, current, and complete information about User as prompted by the registration form; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by User ("Registration Data") is untrue, inaccurate, not current, or incomplete, Company and Customer have the right to terminate User's account and refuse any and all current and/or future use of the Services.

  7. User of Registration Data.
  8. User acknowledges that Registration Data is to be shared between Company and Customer. Company and Customer agree not to contact User if User informs Company of User's preference not to be contacted. Company shall inform Customer if User states a preference not to be contacted. However, Company shall not be responsible or liable if Customer contacts User, permits a third party to contact User, or provides or discloses User's Registration Data to any third party.
    User agrees that Company, Customer, or a designee of Company or Customer may disclose Registration Data to third parties about User and information about User's use of the Services, provided that such disclosures do not include User's name, mailing address, email address, telephone or facsimile number, or account number, unless: (a) User has joined a program, has co-registered to receive any third party products or services, or has otherwise authorized Company and/or Customer to disclose such information; (b) such disclosure is required by law or legal process; or (c) User violates any of the terms set forth in Section 7 below.
     
    This Agreement includes the terms and conditions of Company's Privacy Policy, a copy of which is located at http://www.After Dark Grafx.com, and which is hereby incorporated by reference. In the event that there exists any inconsistency between this Agreement and the Privacy Policy, the terms and conditions of the Privacy Policy shall take precedence.

  9. User Content.
  10.  Company and Customer consider email transmitted via the Services to be the private correspondence of the sender. Neither Company nor Customer will monitor, edit, or disclose the contents of a User's private communications, except that User agrees that Company, Customer, and their third party service providers may do so: (a) as required by law; (b) to comply with legal process; (c) if necessary to enforce this Agreement; (d) to respond to claims that such contents violate the rights of third parties; or (e) to protect the rights or property of Company, Customer, its third party service providers, or others.
    User acknowledges that content posted to public community areas, if allowed by Company, is publicly available and that Company does not take any responsibility for such content. However, Company reserves the right to remove any public content posted by a User that violates any law or condition of this Agreement, upon notice of such violation.
    User understands and agrees that technical (and sometimes manual) processing of email communications, search requests, community postings and any other information supplied by User is and may be required: (a) to send and receive messages; (b) to conform to the technical requirements of connecting networks; (c) to conform to the limitations of the Services; or (d) to conform to other, similar technical requirements.
    User acknowledges and agrees that Company, Customer and their third party service providers do not endorse the content of any User communications and are not responsible or liable for any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortious, or otherwise objectionable content, or content that infringes or may infringe the intellectual property or other rights of another.

  11. User Name, Member Account, Password and Security.
  12. User will be asked to choose the first part of its user name, which will be followed by the "@" symbol and Customer's domain name (Example: YourNameHere@Example.com). User agrees to choose a user name which is unique, not obscene, unlawful, or otherwise objectionable, in Company's sole discretion. Company shall own User's complete user name.
    User will receive a designated password and account upon completing the registration process for the Services. User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under User's account. User agrees to immediately notify Company of any unauthorized use of User's password or account or of any other breach of security.

  13. User Conduct.
  14. User agrees to abide by all applicable local, state, national, and international laws and regulations during use of the Services, and agrees not to interfere with the use and enjoyment of the Services by other users. User agrees to be solely responsible for the contents of User's private and public communications, whether uploaded, posted, emailed, or otherwise transmitted through the Services.
    User agrees: (a) not to use the Services for illegal purposes; (b) not to interfere with or disrupt the Services or servers or networks connected to the Services; (c) to comply with all requirements, procedures, policies, and regulations of networks connected to the Services; (d) not to resell the Services or use of or access to the Services; and (e) to comply with all applicable laws regarding the transmission of technical data exported from the United States.
    User agrees not to upload, post, email, or otherwise transmit through the Services: (a) any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, indecent, tortuous, or otherwise objectionable material of any kind; (b) any material that violates the rights of another, including, but not limited to, the intellectual property rights of another; (c) any material that violates any applicable local, state, national, or international law or regulation; or (d) unsolicited or unauthorized advertisements, promotional materials, "junk mail," "spam," "chain letters," or other forms of solicitation. User agrees not to attempt to gain unauthorized access to other computer systems or networks connected to the Services. User acknowledges and agrees that Company may ban User from future use of the Services if User does not comply with Company's standards of conduct, even if User attempts to use the Services through another Customer or under a different name. Furthermore, User acknowledges and agrees that Company may recover damages from User if User violates these terms.
    User further agrees to not mislead or misrepresent its identity or its use in any way that may lead to a violation of any export or trade compliance laws or regulations.
    For Users in Sudan, Iran, and Cuba, the Services are limited to the exchange of personal communications over the Internet and shall not be used for commercial endeavors in accordance with the general license published by the U.S. Department of Treasury on March 8, 2010 (75 Fed.Reg. 10997).

  15. Indemnity.
  16. User agrees to indemnify and hold Company, Customer, and their third party service providers, and their parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Services, User's connection to the Services, User's violation of this Agreement, or User's violation of any rights of another party.

  17. Storage of Communications.
  18. Company, Customer, and their third party service providers assume no responsibility for the deletion or failure to store email messages, communications, or other content maintained or transmitted through the Services. Company may establish in its sole discretion an upper limit on the extent of message storage it will maintain for User.

  19. Termination.
  20. User agrees that Company, Customer, or their third party service providers may terminate User's password, account, or use of the Services if Company, Customer, or their third party service providers believe: (i) that User has violated or acted inconsistently with the letter or spirit of this Agreement; or (ii) that User has violated the rights of Company, Customer, or their third party service providers or other Users or parties. User further agrees that Company, Customer, and their third party service providers may terminate User's password, account, or use of the Services if User (a) fails to use the Services at least one time within seven (7) days after initial registration (the "Initial Period"); or (b) fails to use the Services at least one time during any consecutive 30-day period following the Initial Period.
    User agrees Company and Customer may immediately delete User's account and all related information, communications, and files, and may bar any further access to such account, communications, files, or the Services under any provision of this Agreement. User also acknowledges and agrees that termination of any of the Services may be effected without prior notice.

  21. Links.
  22. The Services may provide, or users may include in email or community postings, links to other Web sites or resources. However, User agrees not to include in email or community postings (or elsewhere via the Services) any "deep link" which leads to a web page, other than the home page, of another party's web site unless such a link is authorized by the owner of that web site. User acknowledges and agrees that Company, Customer, and their third party service providers are not responsible for the availability of such external sites or resources, or for User's use of deep links, and that Company, Customer, and their third party service providers do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
    Part of our anti-spam provided service contains a remote black list (RBL) for domain names. These domain names have been found as harmful to the service of hosted email provided. Messages containing domain names on our RBL will be rejected for delivery on both inbound and outbound. New domains will be added at any given time. Current domains in the RBL are subject to review. Please follow the support process found in the Support Terms.

  23. Company’s Proprietary Rights.
  24. User acknowledges and agrees that content, including, but not limited to, text, software, music, sound, photographs, graphics, video, or other material contained in sponsor advertisements or information presented to User through the Services or third party advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. User acknowledges and agrees that User is permitted to use this material and information only as expressly authorized by Company, Customer, or advertisers, as applicable, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without such express authorization.

  25. Disclaimer of Warranties.
  26. USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER'S SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
    COMPANY, CUSTOMER, AND THEIR THIRD PARTY SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
    COMPANY, CUSTOMER, AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY THAT THE SERVICES WILL MEET USER'S REQUIREMENTS OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES COMPANY, CUSTOMER, OR ITS THIRD PARTY SERVICE PROVIDERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. 
    USER UNDERSTANDS AND AGREES THAT ANY INFORMATION, CONTENT, DATA, OR OTHER MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH OR FROM THE SERVICES IS OBTAINED AT USER'S OWN DISCRETION AND RISK, AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
    COMPANY, CUSTOMER AND THEIR THIRD PARTY SERVICE PROVIDERS MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OR FROM THE SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY USER FROM COMPANY, CUSTOMER, OR THEIR THIRD PARTY SERVICE PROVIDERS, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO SOME USERS.

  27. Limitation of Liability.
  28. USER AGREES THAT COMPANY, CUSTOMER AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICES, OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED, OR FROM MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF USER'S TRANSMISSIONS OR DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF COMPANY, CUSTOMER, OR THEIR THIRD PARTY SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    USER FURTHER AGREES THAT COMPANY, CUSTOMER, AND THEIR THIRD PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM INTERRUPTION, SUSPENSION, OR TERMINATION OF SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL, OR EXEMPLARY DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION, OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT.
    User acknowledges that Pursuant to Section 512 of the Digital Millennium Copyright Act, Company has a policy providing for termination of Services to account holders who are repeat offenders. However, USER ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR LOST PROFITS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF COMPLIANCE OR REASONABLE ATTEMPTS TO: (i) COMPLY WITH UNITED STATES COPYRIGHT ACT; OR (ii) SATISFY REQUIREMENTS TO QUALIFY FOR THE SAFE HARBORS DESIGNATED IN SECTION 512 OF THE DIGITAL MILLENNIUM COPYRIGHT ACT. 
    IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY AND ALL MATTERS RELATING TO THIS AGREEMENT FOR ANY AGGREGATE AMOUNT IN EXCESS OF $50.
    SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO SOME USERS.
    If you have chosen the virus scanner, please be advised that this virus scanner may not be able to detect or repair all viruses and variants, as new viruses and variants frequently appear. Please be aware that there is a risk involved whenever downloading email attachments to your computer or sending email attachments to others and that neither After Dark Grafx nor its licensors are responsible for any damages caused by your decision to do so.
    If you have chosen to use our SpamAssassin, please be advised that this product and product of its type are not 100% effective and from time to time our product may misclassify spam as legitimate mail and legitimate mail as "spam". Users are advised to periodically check their "spam" folder for email that may have been mislabeled and neither After Dark Grafx nor its licensors are responsible for any damages caused by your decision to use SpamAssassin.
    After Dark Grafx may place limits on mail a user can send in a given period of time in order to protect the health of the company's network. Business Mail and Outsource Mail customers may contact their representatives for exemptions to this clause.

  29. Amendment
  30. Company may modify this Agreement at any time, and such modifications shall be effective immediately upon posting or other method of notification to User, which notice may be provided on the Web pages through which User accesses or uses the Services. User's continued access or use of the Services shall be deemed to be User's conclusive acceptance of the modified Agreement.

  31. General.
  32. All sections of this Agreement that, by their nature, should survive termination will survive termination, including, without limitation, the sections entitled Indemnity, Disclaimer of Warranties and Limitation of Liability, and General.  Company's and Customer's third party service providers are intended beneficiaries of this Agreement. Company shall not be liable to User for any breach by Customer of this Agreement or the Privacy Policy. This Agreement and the relationship between User and Company and Customer shall be governed by the laws of the State of California without regard to its conflict of law provisions. User, Company, and Customer agree to submit to the personal and exclusive jurisdiction of the courts located within the state of California. The failure of Company, Customer, and their third party service providers to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and rule that the other provisions of this Agreement remain in full force and effect. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

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Prohibited Content and Commerce Statement

AFTER DARK GRAFX Prohibited Content and Commerce Statement

In an effort to maintain the highest levels of email mail delivery and IP reputation, as well as to adhere to various state, federal, and international laws, After Dark Grafx prohibits the use of our websites or any of our products or services by any person or organization that:

  • Displays or markets material that exploits children under 18 years of age;
  • Posts or discloses any personally identifying information or private information about anyone without his or her consent, including children under 18 years of age without their parents’ consent;
  • Provides or posts any material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or that is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable;
  • Engages in any libelous, defamatory, scandalous, threatening, or harassing activity;
  • Provides or posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or that provides instruction, information or assistance in causing or carrying out such violence;
  • Introduces viruses, worms, Trojan horses, spyware or other harmful code;
  • Posts or displays any content, including any image, that infringes, misappropriates or otherwise violates the intellectual property rights of others, including authors, artists, or photographers;
  • Sells or promotes any products or services that are unlawful in the location at which the content is posted or received;
  • Provides, sells or offers to sell any of the following products or content (or services related to the same):
    • Pornography or illicitly pornographic sexual products, including but not limited to adult magazines, video and software, escort services, dating services, or adult “swinger” promotions; provided, however, the foregoing prohibition shall not apply to established retail home-based party businesses;
    • Illegal drugs and contraband that are unlawful in the location at which the content is posted or received;
    • Illegal goods, pirated software or media; or
    • Instructions on how to assemble or otherwise make bombs, grenades or other weapons;
  • Provides, sells or offers products, services or content frequently associated with spam, such as:
    • Online and direct pharmaceutical sales, including but not limited to health and sexual well-being products, prescription and counterfeit drugs;
    • Debt collections, credit repair and debt relief offerings;
    • Promotion of stocks or stock message boards;
    • Work-at-home offers promoting “get rich quick,” “build your wealth” and “financial independence;”
    • Pyramid schemes or multi-level channel, network and/or referral marketing (MLM) businesses used for prospecting or recruiting;
    • DJ/nightclub, event/club promotions/party lists; or
    • Odds making and betting/gambling services, including but not limited online poker, casino games, college and pro sporting events;
  • Markets to third party voter registration lists or party lists obtained in which the specific candidate did not collect explicit consent;
  • Uses any image we make available in connection with our products or services in a way that places any person depicted in the image in a way that a reasonable person would find offensive, including the use of images (i) in pornography or sexual products; (ii) in ads for tobacco products in a manner that suggests any such person is a user of tobacco products; (iii) in connection with political endorsements in a manner that suggests any such person is a supporter of a particular politician; (iv) in advertisements and/or promotional materials for pharmaceutical, healthcare, herbal or medical products if such the use implies that the depicted person suffers from a physical or mental infirmity, ailment or condition; or (v) in any manner that is libelous, defamatory, scandalous, threatening, or harassing;
  • Uses any image we make available in connection with our products or services as a trademark, service mark, or logo; or
  • Provides content or communicates with subscribers for the primary purpose of affiliate marketing, including but not limited to communications where there is no direct relationship with the product other than affiliate commissions, communications that contain multiple disparate affiliate links, or communications sent for the primary purpose of affiliate commissions. This prohibition would not apply to communications that include occasional affiliate links or links to products that are related to the business establishing the After Dark Grafx account.

In the event that you engage in any of the activities listed above, in our sole discretion, we reserve the right to terminate your access to or use of our products and services, disable your After Dark Grafx account or access to our products and services, and remove all or a portion of your content, in each case at any time, with or without notice and without refund. We may, in our sole discretion, also report your activity to the applicable legal authorities or third parties for abuse or fraud prevention.

In addition, After Dark Grafx reserves the right to prohibit the use of After Dark Grafx’s products or services by any company or site in its sole discretion.

As always, sending unsolicited commercial email is FORBIDDEN.

After Dark Grafx reserves the right to change or modify this statement at any time. Any questions or concerns about your use of our products or services can be emailed to sales@afterdarkgrafx.com