User Agreement and Terms of Service

Acceptance of Terms
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By using our website and completing the registration process you agree to the Agreement stated here. We reserve the right to change or modify all or any part of this Agreement at any time, effective immediately upon posting. Continued use of the Service constitutes your binding acceptance of any amended Terms and Conditions. If at any time you do not agree with the Terms, you should immediately cease all use of the Service and send an email request to billing@fotohost.com. 

Registration
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Our services are not available to minors and suspended/terminated parties. You represent that you are authorized to sign and bind the corporation, partnership or other legal entity that will be using our services. Furthermore, you agree to provide complete accurate up to date Registration information on behalf of yourself, corporation, partnership, or other legal entity. You are responsible for keeping all registration information accurate and current at all time. If for some reason you cannot access your Registration information, you must notify us of changes to your Registration IMMEDIATELY. Should your email, payment information, billing address, or any other Registration information is inaccurate, not current or incomplete in any respect, we reserve the right to deactivate your account and place it on hold. Inactive accounts may be deleted after 30 days.  All free trial members are limited to one account, once the 30 day trial period has ended you may not sign up for second under the same email address.  

Content
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fotohost.com is not responsible for Content posted by users on the Service. However, we reserve the right to delete, move, or edit any Content we find, in our discretion, to violate this Agreement or is otherwise unacceptable. fotohost.com reserves the right to discontinue, temporarily or permanently suspend, any or all of our services to anyone at any time, with or without notice. You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as otherwise expressly permitted in this Agreement.  Fotohost.com has the right to access and review all content uploaded to the servers without permission from the member.

You shall not post on the Service any Content which (a) is libelous, defamatory, obscene, pornographic, abusive, harassing or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, such as Content which infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity, or (d) otherwise violates any applicable law. You may not post on the Service any links to any External Sites that are obscene or pornographic. You shall not use the Service for any commercial purpose, to distribute any advertising or solicitation of funds or goods and services or to solicit users to join or use competitive online services.

Limitation on Liability
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fotohost.com is not responsible for any delays or technical malfunctions which may result in the inability to post or display images or access the website. fotohost.com is not responsible for any breach of security or for any actions of any third parties which receive information by hacking, breaking into, or crashing our server.

FOTOHOST.COM DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. FOTOHOST.COM MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICE. THE COMPANY, ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, EVEN IF SUCH PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOTOHOST.COM DOES NOT WARRANT THAT ANY FILES THAT MAY BE DOWNLOADED THROUGH THE SERVICE WILL BE FREE OF VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS TO YOU OR ANY OTHER PERSON (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY) EXCEED THE AMOUNT, IF ANY, YOU HAVE PAID TO THE COMPANY TO USE THE WEB SITE AS PROVIDED IN THESE TERMS AND CONDITIONS FOR THE APPLICABLE CONTENT OR SERVICE OUT OF WHICH LIABILITY AROSE.