Acknowledgment and Acceptance
Image Hosting ("Provider") shall provide Image Hosting Services to an individual or organization ("Client") under these Terms of Service ("TOS"), as well as any operating rules or polices, current and future, published at the Provider's website.
This TOS shall be binding on both Provider and Client and shall include but not be restricted to services ("Service") for Image Hosting. In this TOS, "we," "our" and "us" means Provider and "you" or "their" means Client.
Provider reserves the right to refuse Service to any individual or organization, for any legal, moral or ethical reasons.
Description of Services
Provider will give Client the ability to Store Images that shall be accessible via the Internet and World Wide Web and be considered to be Hosted by Provider.
While Provider shall make every reasonable effort to protect Client's Images stored using the Service, Provider is not responsible for theft, loss of, or damage to them. Client is solely responsible for maintaining backups of their own Images, and agrees to immediately notify Provider of any unauthorized use of their account or any other breach of security known or suspected by Client.
The Service makes use of the Internet to conduct limited business and disseminate information; therefore, Client's conduct is subject to Internet regulations, policies and procedures.
Disclaimer of Warranties
Provider makes no Warranties, representations, or assurances that Client or anyone else's equipment will be compatible with the Service. Client expressly agrees that use of the Service is at Client's sole risk. The Service is provided on an "AS IS, AS AVAILABLE" basis. Provider expressly disclaims all Warranties of any kind, whether express or implied, including, but not limited to, implied Warranties of merchantability, fitness for a particular purpose or use and non-infringement.
Provider makes no Warranty that the service will meet Client's requirements, or that the Service will be uninterrupted, timely, secure or error free; nor does Provider make any Warranty as to the results that may be obtained from the use of the Service or as to the accuracy of reliability of any information obtained through the Service or that defects in the software will be corrected.
Client understands and agrees that any Images downloaded or uploaded for storage through the use of the Service is done at the Client's own discretion and risk, and that Client will be solely responsible for any damage to Client or third-party computer system(s) or loss of data that results from use of Service.
No advice or information, whether oral, written, obtained by Client from Provider or through the Service shall create any Warranty not expressly made herein.
Provider makes no Warranty regarding goods or services purchased or obtained through the Service or any transactions entered into through the Service.
Provider reserves the right to suspend or cancel at any time Client access to Service for any reason. If Provider institutes its right of cancellation then all fees paid in advance of cancellation will be pro-rated and paid by Provider if Client has not used services for Illegal, immoral or unethical Purposes as stated elsewhere in this TOS.
Client may request the cancellation of their account at any time. All fees paid in advance will be refunded on a whole month basis. For instance, if the cancellation request comes in on the 21st day of the month, the cancellation will be effective as of the 1st of the next month. Cancellation requests must be received 48 hours (2 days) before the end of the next billed month.
All files will be deleted within 72 hours (3 days) of the day of cancellation.
Termination of Service
The Provider reserves the right to terminate accounts in violation with this TOS without prior notice.
If it is discovered and proven to our satisfaction that our services are being used for an Illegal, immoral or unethical purposes, all services shall be immediately terminated. All fees and/or advance payments shall be deemed forfeited and non-refundable. Illegal purpose shall include but not be restricted to, all applicable local, state and federal laws of the United States and international laws and regulations. Immoral or unethical purposes are at the sole discretion of the Provider, and Client agrees that the Provider's determination is final, whether based on personal opinion or fact.
Termination shall be accompanied by written notice to the Client. Under certain circumstances described in this TOS, Provider may terminate Service with or without notice.
Provider shall not be liable to Client or any third party for termination of Service. Upon termination of the Service, Client's rights to use the Service immediately ceases, and Provider shall thereafter have no obligation to maintain or forward any data or communications to Client or any third party.
Service will not be used for any of the following:
Accounts found in violation will be immediately suspended at the Provider's discretion.