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 FROM AFTER 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. 1. Acknowledgement and Acceptance of Agreement.

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.

1. 1. Description of Services.

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.

1. 1. User’s Registration Obligations.

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.

1. 1. User of Registration Data.

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.

1. 1. User Content.

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.

1. 1. User Name, Member Account, Password and Security.

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.

1. 1. User Conduct.

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).

1. 1. Indemnity.

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.

1. 1. Storage of Communications.

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.

1. 1. Termination.

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.

1. 1. Links.

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.

1. 1. Company’s Proprietary Rights.

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.

1. 1. Disclaimer of Warranties.

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.

1. 1. Limitation of Liability.

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.

1. 1. Amendment.

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.

1. 1. General.

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