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Acknowledgment and Acceptance
ImageHeap ("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.
Privacy
We are extremely concerned to protect your privacy and confidentiality. We understand that all users of our site are quite rightly concerned to know that their data will not be used for any purpose unintended by them, and will not fall into the hands of a third party. Our policy is both specific and strict. If you think our policy falls short of your expectations or that we are failing to abide by our policy, do please tell us.
1 Basic identification and contact information, such as your name and contact details including IP address.
This information is used:
1.1 to provide you with the services which you request;
1.2 to maintain our accounts;
1.3 for billing;
1.4 to enable us to answer your enquiries;
1.5 for verifying your identity for security purposes;
1.6 for marketing our services and products;
1.7 to help make our web site as useful to you as possible;
1.8 information which does not identify any individual may be used in a general way by us or third parties, to provide class information, for example relating to demographics or usage of a particular page or service.
2 Your domain name and email address are recognised by our servers and the pages that you visit are recorded. This information is used:
2.1 in a collective way not referable to any particular individual, for the purpose of quality control and improvement of our site;
2.2 to tell you about any service related issue.
3 Disclosure to Government
and their agencies. We are subject to the law like everyone else. We may be required to give information to legal authorities if they so request or if they have the proper authorisation such as a search warrant or court order.
4 Information request
At any time you may review or update the personally identifiable information that we hold about you, by contacting us at the address below. To better safeguard your information, we will also take reasonable steps to verify your identity before granting access or making corrections to your information.
This confidentiality policy has been compiled so as to comply with current UK, US and EU legislation, so far as we are aware. If you have any question regarding the confidentiality policy, please contact us at:
ImageHeap - admin@imageheap.com
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.
Pricing Policies
All accounts are setup on a pre-pay basis. Provider reserves the right to change prices at any time and prices are guaranteed for the term of pre-payment.
Any account not brought current within a week (7 days) of Email notice is subject to suspension. If the account is not brought current within a further seven (7) days then all services will be canceled and any Agreements deemed to be terminated. Client 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 Client notifies Provider with a written request for termination of Service. All payment is in United States
currency.
Cancellation
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
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.
Free accounts that are created and not used are at our descretion subject to deletion.
Only 1 free user account per person, anyone discovered to have more than 1 free account is subject for their account to be deleted.
Not Allowed
Service will not be used for any of the following:
- Illegal activities or materials, including but not limited to materials, including but not limited to materials that may violate another's intellectual property rights
- Promoting pornographic, sexually explicit, violent, lewd or obscene materials
- Anything that constitutes promotion of SPAM
- Warez or Hacker related
- Pirated software
- MP3s
- IRC Bots
- Attempts to undermine or cause harm to other Clients of Provider
- Any hate related material
- Any other reason that is deemed by Provider to be unsuitable
Indemnification
Client agrees to defend, indemnify, save and hold Provider harmless from any and all claims, actions demands, including reasonable attorneys fees, liabilities, judgments, damages, settlements, losses and costs, made by any third party due to or arising out of use of the Service, violation of this TOS, any copyright, trademark, trade dress, service mark, or other intellectual property rights of any person or entity. Client also agrees to extend this Indemnification to all officers, owners, employees, successors,
assigns, agents and contractors of Provider.
Governing Law
This TOS shall be governed by and construed in accordance with the laws of the State of California, United States. Client and Provider agree to submit any legal action involving any disputes of this TOS to the exclusive jurisdiction of the courts of the state of New Jersey, United States.
If any provision of this TOS is determined to be unenforceable or contrary to law in a court of competent jurisdiction, the remaining provisions shall remain valid and in effect, and shall be construed so as to give full effect to the intentions of the parties.
Provider's failure to exercise or enforce any right or provision of this TOS shall in no way constitute a waive of such right or provisions unless so acknowledged and agreed by Provider in writing.
Limited Liability
Client is solely responsible for the contents of its transmissions and communications through the Service. Client's use of the Service is subject to all applicable local, state, and federal laws of the United States and international laws and regulations.
Client agrees that any and all use of Service is at the Client's sole risk. Provider does not warrant that the Service will be error free or uninterrupted. No claims or guarantees are made by Provider as to the accuracy or reliability of Service unless otherwise expressly stated in this TOS. Client also agrees that Provider shall be held blameless and deemed not responsible for any loss or damage to Client's business resulting from use of Service.
Notwithstanding the above, Client'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 Client 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 Provider and Client with respect to the subject matter hereof and shall be attached to any Agreement for Service.
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