DESCRIPTION OF THE SERVICES
All Points Media Works, LLC agrees to provide you with an internet email mailbox to send and receive electronic mail (“email”). All Points Media Works, LLC may also choose to offer other services such as chat, forums, mailing lists, calendar, greeting card, Web hosting, or Web-based SMS (collectively, the “Email Services”)
LIMIT; STORAGE SPACE; OUTAGES
All Points Media Works, LLC has set no fixed upper limit on the number of messages you may send or receive through its electronic mail service; however, there is a limit on the storage space associated with your electronic mail account, which varies according to the base package and the extra storage purchased by each customer.
Notwithstanding the foregoing, All Points Media Works, LLC retains the right, at All Points Media Works, LLC’s sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our Email Services to other customers and to protect our computer systems.
All Points Media Works, LLC’s electronic mail service is subject to scheduled and unscheduled maintenance which will impact your ability to use the electronic mail service.
DELETION OF EMAIL; TERMINATION OF SERVICE
All Points Media Works, LLC assumes no responsibility for the deletion of or failure to store, deliver, or deliver in a timely manner email messages. In addition, if you transfer your domain name record to a third party, you may no longer be able to use the Email Services.
If your Email Services are terminated or cancelled, any emails or other content in your account may be permanently deleted. All Points Media Works, LLC will not refund fees, if any, you have paid for the Email Service, any email-dependent services, upgrades or enhancements thereto, if you elect to terminate your Email Services.
MONITORING; RESTRICTION OF TRANSMISSIONS
You agree not to resell the electronic mail service, without the prior express written consent of All Points Media Works, LLC. All Points Media Works, LLC will not monitor, edit or disclose the contents of your private communications with third parties unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the law or comply with legal process served on All Points Media Works, LLC; (2) protect and defend the rights or property of All Points Media Works, LLC or its customers; or (3) act under exigent circumstances to protect the personal safety of our customers or the public.
You agree that All Points Media Works, LLC shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that it or any user of electronic mail services considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected.
USER CONDUCT
You acknowledge and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
This means that you, and not All Points Media Works, LLC, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service.
All Points Media Works, LLC does not endorse or control the Content transmitted or posted via the Email Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Email Services, you may be exposed to Content that is offensive, indecent or objectionable.
You agree not to use the Email Services to engage in or assist or encourage others to engage in illegal, harassing or abusive conduct, including, without limitation, to: upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, in our sole discretion; harm minors in any way; transmit the same message multiple times, or to an overly large number of recipients; use “robots” or otherwise gaining access to any person’s email address for the purposes of sending unsolicited or unauthorized material; impersonate any person or entity, including, but not limited to, a All Points Media Works, LLC official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers such as email headers, IP addresses, server names, email addresses, etc. in order to disguise or obfuscate the origin of any Content transmitted through the Email Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page); upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, publicity or other proprietary rights of any party; upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas of the Service that are designated for such purpose; upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Email Services are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; interfere with or disrupt the Email Services or servers or networks connected to the Email Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Email Services; intentionally or unintentionally, violate any applicable local, state, national or international law, including, but not limited to, the CAN SPAM Act and any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; “stalk” or otherwise harass another; collect or store personal data about other users; or promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites. sell, exchange, or distribute to a third party the email addresses of any person without such person knowing, consent and continued consent to such disclosure; Engage in any other questionable marketing or promotional behavior Distribute or otherwise publish approval, any material containing any solicitation of funds, promotion, advertising or solicitation of goods or service; Violate or encourage others to violate the terms of this Acceptable Use Policy.
All Points Media Works, LLC may investigate any and all suspected violations, including reviewing your account activity. You acknowledge and agree that All Points Media Works, LLC without notice, in their sole discretion, may suspend or terminate your electronic mail service if your conduct is found to be unlawful, inconsistent with, or in violation of, this Acceptable UsePolicy.
All Points Media Works, LLC may also engage in legal action against you and may cooperate with law enforcement agencies, including international agencies, to prosecute users involved in violations. Violation of this policy may constitute a violation of certain federal and state laws, including, but not limited to the Federal Computer Fraud and Abuse Act.
All Points Media Works, LLC may also engage in the following to stop spam activity: Allow our users to flag messages as spam, and using that data to block certain senders from our network; Scan incoming and outgoing messages through our proprietary anti-spam engine; Limit the number of outgoing messages that a user can send in a fixed period of time; Employ a number of global filters that block spam at the perimeter.
You acknowledge that any Content contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to you through use of the Email Services by All Points Media Works, LLC, All Points Media Works, LLC’s advertisers, or other All Points Media Works, LLC users may be protected by copyrights, trademarks, patents or other proprietary rights and laws; therefore, you are only permitted to use this protected Content as expressly authorized by the owner of the Content (“Owner”), All Points Media Works, LLC or the advertiser. You may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Owner, the All Points Media Works, LLC or the advertiser.
All Points Media Works, LLC welcomes and appreciates assistance in addressing the problem of spam. Users of All Points Media Works, LLC web interface can assist by using the “Flag as Junk” command in their Email window. This will result in our investigation and potential blocking of the sender of the offending message. Anyone that has received an unwanted spam message from an address that appears to be originating from All Points Media Works, LLC should report the situation to All Points Media Works, LLC immediately at abuse@All Points Media Works, LLC.
All Points Media Works, LLC will investigate and immediately suspend the sender’s account if we determine the complaint to be legitimate. Additionally, All Points Media Works, LLC may proactively block any Email address that is suspected of spam activity. While this may cause some inconvenience to our users in receiving Email, All Points Media Works, LLC believes that prevention of further spam activity is important and appreciates user understanding in this regard.
REFUNDS
You acknowledge that All Points Media Works provides its services on a month-to-month as well as a yearly pre-paid basis. By entering Pre-Authorized Payment (PAP) or credit card information, or by prepaying via check or money order the client acknowledges that all charges transacted are on an agreed upon price and that should any disputes arise, customer must notify All Points Media Works’ service department immediately. All Points Media works will, at its discretion, decide whether the unused money balance on your account or part thereof should be refunded back to you.
Examples of events when All Points Media Works will consider such refund include but are not limited to;
a) termination of your account by you or All Points Media Works
b) disconnection of All Points Media Works services.
All Points Media Works will not consider a refund of an amount greater than that being shown in the account balance as verified by All Points Media Works for accuracy. All Points Media Works reserves the right to revise this policy anytime and it will be binding to you as soon as it is posted on the www.AllPointsMediaWorks.com website.
Refunds will not be issued for those who break our terms and conditions.
Domain name fees are non-refundable.
Cancellation requests received after 14 days from the initial receipt of service will be refunded as follows:
- Customers will receive a pro-rated refund for any unused service period.
- A surcharge of 50% may be deducted from the refund amount.
Placing an order indicated your acceptance of these terms and conditions. If you have any questions regarding this policy please contact us.
