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ImageWiz.net
- Terms of Service - User Agreement
Acknowledgment
and Acceptance
ImageWiz.net
("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 ImageWiz.net.
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.
Privacy Policy
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. 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 are Non- Refundable.
Cancellation requests must be received 48 hours (2 days) before the
beginning 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.
Not Allowed
Service
will not be used for any of the following:
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Illegal
activities or materials, including but not limited to materials,
including but not limited to materials that may violate another's
intellectual property rights
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Promoting
pornographic, sexually explicit, violent, lewd or obscene materials
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Anything
that constitutes promotion of SPAM
-
Warez
or Hacker related
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Pirated
software
-
MP3s
-
IRC
Bots
-
Attempts
to undermine or cause harm to other Clients of Provider
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Any
hate related material
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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 New Jersey, 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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