WebPik.com Terms of Service - User Agreement

Acknowledgment and Acceptance
WebPik.com 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 WebPik.com website.

This TOS shall be binding on both WebPik.com and Client and shall include but not be restricted to services ("Service") for Image Hosting. In this TOS, "we," "our" and "us" means WebPik.com and "you" or "their" means Client.

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

Description of Services
WebPik.com 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 WebPik.com.

While WebPik.com shall make every reasonable effort to protect Client's Images stored using the Service, WebPik.com 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 WebPik.com 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
WebPik.com 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. WebPik.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.

WebPik.com 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 WebPik.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.

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 WebPik.com or through the Service shall create any Warranty not expressly made herein.

WebPik.com 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. WebPik.com reserves the right to change prices at any time and prices are guaranteed for the term of pre-payment.

Any account not current with payment is subject to suspension. If the account is not current with payment then all services can 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 WebPik.com with a written request for termination of Service. All payment is in United States currency.

Cancellation
WebPik.com reserves the right to suspend or cancel at any time Client access to Service for any reason. If WebPik.com institutes its right of cancellation then all fees paid in advance of cancellation will be pro-rated and paid by WebPik.com 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 can be deleted 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 WebPik.com, and Client agrees that the WebPik.com's determination is final, whether based on personal opinion or fact.

Under certain circumstances described in this TOS, WebPik.com may terminate Service with or without notice.

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

Not Allowed
WebPik.com does cooperate with law enforcement agencies.
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 WebPik.com
Any hate related material
Any other reason that is deemed by WebPik.com to be unsuitable
WebPik does not allow more than one free account per household

Indemnification
Client agrees to defend, indemnify, save and hold WebPik.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 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 WebPik.com.

Governing Law

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.

WebPik.com'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 WebPik.com 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. WebPik.com does not warrant that the Service will be error free or uninterrupted. No claims or guarantees are made by WebPik.com as to the accuracy or reliability of Service unless otherwise expressly stated in this TOS. Client also agrees that WebPik.com 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 WebPik.com and Client with respect to the subject matter hereof and shall be attached to any Agreement for Service.