Acknowledgment and Acceptance

GFXhost.com shall provide Image Hosting Services to an individual or to an organization ("Customer") under these Terms of Service, as well as any operating rules or polices, current and future, published at GFXhost.com.
This Terms Of Service shall be binding on both GFXhost.com and "Customer", and shall include but not be restricted to services ("Service") for Image Hosting. In this Terms Of Service, "we," "our" and "us" means GFXhost.com and "you" or "their" means Customer.

GFXhost.com reserves the right to refuse Service to any individual or organization, for any legal, moral or ethical reason.

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@GFXhost.com BEFORE the fifth of the next billing date.

Description of Services
GFXhost.com will give Customers the ability to store Images and create galleries that shall be accessible via Internet.
While GFXhost.com shall make every reasonable effort to protect Customer's Images stored using the Service, GFXhost.com is not responsible for theft, loss of, or damage of them. Customers are solely responsible for maintaining backups of their own Images, and should agree to immediately notify GFXhost.com of any unauthorized use of their account or any other breach of security known or suspected by Customer.

The Service makes use of the Internet to conduct limited business and disseminate information; therefore, Customer's conduct is subject to Internet regulations, policies and procedures.

Disclaimer of Warranties
GFXhost.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. GFXhost.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.
GFXhost.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 GFXhost.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 GFXhost.com or through the Service shall create any Warranty not expressly made herein.

GFXhost.com makes no Warranty regarding goods or services purchased or obtained through the Service or any transactions entered into through the Service.

Privacy Policy
Privacy Policy can be found at:

http://www.GFXhost.com/privacy.php

Pricing Policies
GFXhost.com reserves the right to change prices at any time.

Customer agrees they are responsible for keeping their account up-to date.

Any account not brought current within a week (7 days) of Email invoice 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. 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 GFXhost.com with a written request for termination of Service. All payment is in United States currency.

Cancellation
GFXhost.com reserves the right to suspend or cancel at any time Customer access to Service for any reason. If GFXhost.com institutes its right of cancellation then all fees paid in advance of cancellation will be pro-rated and paid by GFXhost.com if Customer has not used services for Illegal, immoral or unethical Purposes as stated elsewhere in this Terms Of Service.
Customer 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 recieved 48 hours (2 days) before the end of the next billed month.

All files will be deleted within 48 hours (2 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 descretion of the GFXhost.com, and Customer agrees that the GFXhost.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 Terms Of Service, GFXhost.com may terminate Service with or without notice.

GFXhost.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 GFXhost.com shall thereafter have no obligation to maintain or forward any data or communications to Customer or any third party.

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 Customers of GFXhost.com
- Any hate related material
- Any other reason that is deemed by GFXhost.com to be unsuitable


Indemnification
Customer agrees to defend, indemnify, save and hold GFXhost.com 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 Terms Of Service, any copyright, trademark, trade dress, service mark, or other intellectual property rights of any person or entity. Customer also agrees to extend this Indemnification to all officers, owners, employees, successors, assigns, agents and contractors of GFXhost.com.

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. GFXhost.com does not warrant that the Service will be error free or uninterrupted. No claims or guarantees are made by GFXhost.com as to the accuracy or reliability of Service unless otherwise expressly stated in this Terms Of Service. Customer also agrees that GFXhost.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, 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 Terms Of Service constitutes the sole agreement between GFXhost.com and Customer with respect to the subject matter hereof and shall be attached to any Agreement for Service.