Introduction
This Terms of Service is an agreement between Customer and EasyImageHost.net ("Agreement") and applies to Customer's account(s) with EasyImageHost.net. PLEASE READ THIS DOCUMENT CAREFULLY and retain it for future reference. Please note that the information contained herein is subject to change without notice. Customer agrees to periodically consult this website for changes or amendments to this Agreement. EasyImageHost.net may, but is under no obligation to, provide notices of any amendment, modification or update of this Agreement via e-mail to Customers. For our privacy policy, please visit our privacy policy.
General Provisions
While using Services provided by EasyImageHost.net, you agree to the following terms and conditions.
Definitions
"We" "Us" "Provider" or "EasyImageHost.net" refers to EasyImageHost.net; and
"You" "Your" "Client" or "Customer" refers to each person or entity who applies for internet service or is a designate of any one who applies for internet service with EasyImageHost.net.
Services Provided by EasyImageHost.net
EasyImageHost.net will graphical image hosting service ("Services") to its customers for the purpose of allowing customers to share said graphics with the general public via the Internet. EasyImageHost.net customers will use the provided Services in a manner consistent with all applicable State and Federal laws. EasyImageHost.net will make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide Services. If any of the activities referenced below are committed, EasyImageHost.net may immediately terminate Customer's account(s) without notice. EasyImageHost.net will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this Agreement.
Customer Use of Services
For Free image hosting, direct links are limited to these sites:
If you use other sites and would like one added to the allowable list, feel free to send a message to us through the site's Contact Form. We will evaluate the site and determine whether to add it to that list. Good candidates for inclusion are small and medium-sized forums.
Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.
Back-Up Files: EasyImageHost.net will make every reasonable effort to protect and backup data for Client on a regular basis, however EasyImageHost.net does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, client is solely responsible for independent backup of data stored on Provider's server and network. There is a one time fee of $150 for our Administrator to retreive client's individual back-up files, if they can be retrieved. The existence of this fee shall not be construed as a guarantee to back-up or retrieve any files.
Payment Obligations, Renewals, and Cancellations
Payment Obligations: For paid accounts, Full payment is required in advance, before additional services are established. You grant EasyImageHost.net the right to debit the credit card or account you provided on the Order Form for services you signed up for, until such service is cancelled by you in writing or is cancelled by EasyImageHost.net according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that EasyImageHost.net may require) is accurate and truthful. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the renewal date, your account will be terminated. There is a $15 fee for bounced check and a $25 processing fee for chargebacks.
Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to EasyImageHost.net fifteen (15) days before the renewal date that you do not wish to renew such account. Cancellation: You may cancel at anytime. If you cancel before the first 30 days, please refer to the details under "Limited 30-day Money Back Guarantee." If you cancel after the first 30 days from the opening of your account, you will be obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation. Accounts that are terminated by EasyImageHost.net will not receive any refund. All cancellations must be received in writing as per the deadlines indicated; regular mail and e-mail notifications are acceptable. Phone requests will not constitute acceptance of any cancellation. Cancellation request will reflect the day of your submission. Refunds will be issued back to your creditcard within 7-10 days from your cancellation date.
Limited 30-day Money Back Guarantee
If you are not completely satisfied with our services within the first 30 days from the opening of the account, you will be given a full refund on your fee. If your account has been cancelled by us due to a breach of the terms and conditions on your part, you will not be eligible for a refund. Phone requests will not constitute acceptance of any cancellation.
Server/Network Maintenance
In the event a planned outage would be necessary, they will be performed between 8:00pm to 10:00pm PDT. This does not mean there will be an outage at the specified time, and does not include unplanned outages if any should occur for reasons beyond EasyImageHost.net's control.
Disclaimer of Warranty
You agree to use the Services and any information obtained through or from EasyImageHost.net at your own risk. You acknowledge and agree that EasyImageHost.net exercises no control over, and accepts no responsibility for, the content of information passing through EasyImageHost.net's host computers, network hubs, points of presence or the internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. EasyImageHost.net MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. EasyImageHost.net MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. EasyImageHost.net EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM CUSTOMER OR STORED BY CUSTOMER OR ANY OF CUSTOMER'S CUSTOMERS VIA THE SERVICES PROVIDED BY EasyImageHost.net. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY EasyImageHost.net PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Section will survive any termination of this Agreement.
EasyImageHost.net is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of EasyImageHost.net. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by EasyImageHost.net.
Limitation of Liability
You agree that EasyImageHost.net will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to EasyImageHost.net at the time) which may exist in the Services or in EasyImageHost.net's equipment used to provide the Services.
Under no circumstances will EasyImageHost.net be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Customer, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. EasyImageHost.net will not be liable to Customer, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to EasyImageHost.net's records, programs, equipment or services.
Notwithstanding anything to the contrary in this Agreement, EasyImageHost.net's maximum liability under this Agreement for all damages, losses, costs and causes of actions from any and all claims (whether in contract, tort, including negligence, quasi-contract, statutory or otherwise) will not exceed the actual dollar amount paid by Customer for the Services which gave rise to such damages, losses and causes of actions during the 12-month period prior to the date the damage or loss occurred or the cause of action arose.
This limitation of liability reflects an informed, voluntary allocation between the parties of the risks (known and unknown) that may exist in connection with this Agreement. The terms of this Section will survive any termination of this Agreement.
Right to Refuse Service
At its sole discretion, EasyImageHost.net has the right to refuse any and all service or Services to any applicant, Customer, Client whether it be an individual or legal entity.
Indemnification
Customer agrees to indemnify, defend and hold harmless EasyImageHost.net, its officers, directors, employees, shareholders and agents from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party arising out of or relating to (i) Customer's use of the Services, (ii) any breach by Customer of this Agreement, or (iii) any acts or omissions of Customer. The terms of this Section will survive any termination of this Agreement.
Force Majeure
EasyImageHost.net will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
Disclosure of Customer Information and Legal Process
Although EasyImageHost.net maintains strict confidentiality on Customer's information, there are certain exceptions in which EasyImageHost.net may disclose information in its possession, including but not limited to information about the Customer's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. EasyImageHost.net has no obligation to notify Customer about whom the information is sought or that EasyImageHost.net has provided the information. Customer acknowledges the above exceptions and agrees to them without reservation.
Governing Law; Jurisdiction; Arbitration
This Agreement is governed by California law and both parties will submit to personal jurisdiction in California. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, will be subject to arbitration administered by the American Arbitration Association ("AAA") in accordance with its then existing Commercial Arbitration Rules (collectively, the "AAA Rules") and any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration will be Los Angeles, California, or any other place selected by mutual agreement of the parties. An award rendered in connection with arbitration pursuant to this Section shall be final and binding upon the parties. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The terms of this Section will survive any termination of this Agreement.
Assignment
Customer will not have the right to assign this Agreement without the prior written consent of EasyImageHost.net.
Entire Agreement; Severability
This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement will remain in full force and effect.
Customer hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.
|