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imvuMail Terms of Service policy



The use of services from imcuMail.com [hereafter referred to as "imvuMail"] constitutes agreement to these terms. 


You can also view our Privacy Policy on the link below.

1.) Account Setup / Email on file
We will setup your account after we have authenticated your avatar name, received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ imvuMail.com. If there is ever an issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you need to verify or change this information, you should contact us via email. Providing false contact information of any kind may result in the termination of your account.

Ownership
Although we make every effort we know possible to verify the owner of the avatar name prior to setting up an account, ultimately the credit card holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

2.) Content
All services provided by imvuMail may only be used for lawful purposes. The laws of the State of Michigan and the United States of America apply.

The customer agrees to indemnify and hold harmless imvuMail from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email customerservice@imvuMail.com with the information required.

imvuMail services, including all related equipment, networks and network devices are provided only for authorized customer use. imvuMail systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of imvuMail system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. imvuMail may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our customer service department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

Sites hosted on imvuMail.com's service(s) are regulated only by U.S. law. Given this fact, and pursuant to Section 230(c) of the Communications Decency Act, we do not remove allegedly defamatory material from domains hosted on our service(s). The only exception to this rule is if the material has been found to be defamatory by a court, as evidenced by a court order. imvuMail.com is not in a position to investigate and validate or invalidate the veracity of individual defamation claims, which is why we rely on the legal system and courts to determine whether or not material is indeed considered defamatory. In any case in which a court order indicates material is defamatory, libelous, or slanderous in nature; we will disable access to the material. Similarly, in any case in which a US Court has placed an injunction against specified content or material; we will comply and remove or disable access to the material in question.

The language of Section 230(c) of the Communications Decency Act fundamentally states that Internet services providers like imvuMail.com are republishers and not the publisher of content. Our service merely provides a hosting platform and space on which to host content, and any creation or publication of content on our services is the sole responsibility of the third-party user which creates or publishes the content. Therefore, imvuMail.com should not be held liable for any allegedly defamatory, offensive or harassing content published on sites hosted under imvuMail.com's hosting service(s).

If in doubt regarding the acceptability of your site or service, please contact us at customerservice@imvuMail.com and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any user found to transmit child pornography or linking to child pornography will be suspended immediately without notice. Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that your password is strong. If a weak password is used, your account may be compromised. If abused it could be suspended until you agree to use a more secure password. 

HIPAA Disclaimer: We are not “HIPAA compliant."

Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. HostGator.com does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this Terms of Service, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that HostGator is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact customer service via the link below.

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists", purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

imvuMail reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

imvuMail reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of imvuMail.

4.) Payment Information
You agree to supply appropriate payment for the services received from imvuMail, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify imvuMail of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via the Contact link below. Once we receive your cancellation and have confirmed all necessary information with you, we will inform you in writing (typically email) that your account has been canceled. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of imvuMailr, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify imvuMail of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by imvuMail.  imvuMail provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in account suspension until account balance has been paid in full.  Access to the account will not be restored until payment has been received.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded.

5.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service runs once a week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided as a courtesy. imvuMail is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on imvuMail servers.

6.) Cancellations and Refunds
Customers may cancel at any time, however there are no refunds for unused services.

imvuMail reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice, without refunds.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and imvuMail is not responsible for any change in exchange rates between time of payment and time of refund.

7.) Price Change
The amount you pay for imvuMail may change from year to year, however we will never require a change in payment for a service you have already paid. We reserve the right to change prices listed on imvuMail.com, and the right to change the amount of resources given to plans at any time.  Accounts that have been in good standing may be "grandfathered" with their current price at the discression of imvuMail.

8.) Coupons
Discounts and coupon codes are reserved for first-time accounts *or first-time customers* only unless otherwise specified. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

9a.) Indemnification
Customer agrees that it shall defend, indemnify, save and hold imvuMail harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against imvuMail, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless imvuMail against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with imvuMail; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from imvuMail's server.

9b.) Arbitration
By using any imvuMail services, you agree to submit to binding arbitration. If any disputes or claims arise against imvuMail or its subsidiaries, such disputes will be handled by an arbitrator of imvuMail's choice. An arbitrator from the American Arbitration Association or the National Arbitration Forum will be selected in the state of Michigan. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

10.) Disclaimer
imvuMail shall not be responsible for any damages your business may suffer. imvuMail makes no warranties of any kind, expressed or implied for services we provide. imvuMail disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by imvuMail and its employees.

11.) Disclosure to law enforcement
imvuMail may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

12.) Changes to the TOS
imvuMail reserves the right to revise its policies at any time without notice.

 

imvuMail is in no way affiliated with IMVU, Inc. nor does either service represent or endorse the other.
 
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