Terms of Service Description
of Services
DigitalImageHosting.com will provide customer the ability to store Images
(limited to JPEG or GIF format) via the Internet and DigitalImageHosting.com
hosts these images.
DigitalImageHosting.com is not responsible for theft, loss of, or damage
to customer’s images. Customer is solely responsible for maintain
his or her own images, and agrees to immediately notify DigitalImageHosting.com
of any unauthorized use of his or her account.
Service Restricted Usage
Service will not be used for any of the following:
Adult or Child Pornography Material
File Distribution/Mirroring
Hate related material
Illegal Activities or Materials
Anything that constitutes promotion of SPAM
IRC Bots
Warez or Hacker related
Any other reason that is deemed by DigitalImageHosting.com to be unsuitable
Disclaimer of Warranties
DigitalImageHosting.com makes no Warranties, representations, or assurances
that customer or anyone else's equipment will be compatible with the Service.
Customer expressly agrees that use of the Service is at customer's sole
risk. The Service is provided on an "AS IS, AS AVAILABLE" basis.
DigitalImageHosting.com 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.
DigitalImageHosting.com makes no Warranty that the service will meet Customer's
requirements, or that the Service will be uninterrupted, timely, secure
or error free; nor does DigitalImageHosting.com 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.
Customer understands and agrees that any Images downloaded or uploaded
for storage through the use of the Service is done at the customer's own
discretion and risk, and that customer will be solely responsible for
any damage to customer 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 customer
from DigitalImageHosting.com or through the Service shall create any Warranty
not expressly made herein.
DigitalImageHosting.com makes no Warranty regarding goods or services
purchased or obtained through the Service or any transactions entered
into through the Service.
Privacy Policy
DigitalImageHosting.com understands and protect every customer’s
privacy. All images uploaded by customer are only viewed by DigitalImageHosting.com
image administrator for purposes of content checking.
The policy of Provider is to respect the privacy of its Clients, as well
as the privacy of all those conducting business through use of the Service.
However, unless expressly stated and identified, communications by and
between Provider, Client, and third parties, cannot be considered completely
private, and no Warranties about their privacy are thus made by the Provider.
Client grants Provider the right to disclose to third-parties certain
information about the Client and Service in the aggregate; however, such
disclosures will exclude Client's name, mailing address, e-mail address,
account and phone number, unless: (1) Client directs Provider in writing
to disclose such information and/or (2) Provider is required to disclose
such information by any applicable law or legal process served on Provider.
Client acknowledges and agrees that Provider does not endorse the contents
of any Client communications or use of the Service and specifically disclaims
any responsibility for any threatening, libelous, obscene, harassing or
offensive material contained therein, as well as any claimed or actual
infringement of third party intellectual property rights arising there
from or any crime facilitated thereby.
Client acknowledges and agrees that certain technical processing of communications
and their content may be required to: (1) communicate with Clients of
Provider; (2) conform to connecting networks technical requirements; (3)
conform to the limitations of the Service; or (4) conform to other similar
requirements.
Provider may at times monitor the use of Service by and between Clients
and third parties.
Pricing Policies
All accounts are setup on a pre-pay basis. DigitalImageHosting.com reserves
the right to change prices at any time and prices are guaranteed for the
term of pre-payment.
Any auction image will be deleted after each expired.
All message board images and digital images will be suspended when customer
account expired or terminated.
Customer agrees they are responsible for keeping their account up-to
date and for all money owed on the account from the time it was established
to the time that customer notifies DigitalImageHosting.com with a written
request for termination of Service.
All payment is in United States currency.
Termination of Service
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 DigitalImageHosting.com,
and customer agrees that the DigitalImageHosting.com's determination is
final, whether based on personal opinion or fact.
Termination shall be accompanied by written notice to the customer. Under
certain circumstances described in this TOS, DigitalImageHosting.com may
terminate Service with or without notice.
DigitalImageHosting.com shall not be liable to Customer or any third
party for termination of Service. Upon termination of the Service, customer's
rights to use the Service immediately ceases, and DigitalImageHosting.com
shall thereafter have no obligation to maintain or forward any data or
communications to Customer or any third party.
Limited Liability
Customer is solely responsible for the contents of its transmissions and
communications through the Service. Customer's use of the Service is subject
to all applicable local, state, and federal laws of the United States
and international laws and regulations.
Customer agrees that any and all use of Service is at the customer's
sole risk. DigitalImageHosting.com does not warrant that the Service will
be error free or uninterrupted. No claims or guarantees are made by DigitalImageHosting.com
as to the accuracy or reliability of Service unless otherwise expressly
stated in this TOS.
Customer also agrees that DigitalImageHosting.com shall be held blameless
and deemed not responsible for any loss or damage to customer's business
resulting from use of Service.
Notwithstanding the above, customer's exclusive remedies for all damages,
losses and causes of actions whether in contract, tort including negligence
or otherwise, shall not exceed the aggregate dollar amount which customer
paid during the term of Agreement for Service and any reasonable attorney's
fee and court costs.
Entire Understanding
This TOS constitutes the sole agreement between DigitalImageHosting.com
and Customer with respect to the subject matter hereof and shall be attached
to any Agreement for Service. When a new account is created, the terms
of this service agreement take effect whether it has been read or not.
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