This agreement describes the terms of service and customer agreement for
using Auctionpix.com. If you do not accept these terms and conditions please exit here . We may amend this Agreement at any time
by posting the amended terms on this webpage.
Section 1 - Registration - Use of Hosting Service - Refusal of Hosting Service1a. To use our image hosting services, you must submit a complete
registration form on behalf of yourself or the corporation, partnership or other legal
entity that will be using the image hosting services. By accepting this Agreement, you
represent that (a) you are eighteen (18) or older and, if applicable, (b) you are
authorized to sign for and bind the corporation, partnership or other legal entity that
will be using the Services.
1b. You shall provide current, complete and accurate registration information (including
email address) and update the information as required to keep the registration information
current, complete and accurate. Hosting services are not available to persons or parties
whose use of the services have been suspended or terminated.
1c. Registration of more than one email address per account
(residential/business address) or creation of a secondary account to avoid paying fees for
the first account or friends/associates account(s) are grounds for refusal of service and
immediate deletion of all images from our server(s). This policy is strictly enforced.
1d. Auctionpix.com reserves the right to refuse service to any person
or business that has not paid for images in the past, has been sent through our collection
agency, and/or Auction Pix Image Hosting reserves the right to remove any/all pictures
even if uploaded by a friend or other family member in order to avoid payment for past
balances due or refusal of service from Auctionpix.com.
1d. At various times Auctionpix.com may send out mailings in order to
let our entire client base know of any emergencies or important information - we do NOT
send spam at anytime. You may opt out of these special mailings by contacting
System-Support but remember if you do
then any special information will not be sent to you and may affect your pictures or
specific information from Auctionpix.com.
Section 2 - Payment Terms for Image Hosting
2a. Auctionpix.com - An account will be setup for you at the time of
registration and your initial statement will be sent within 5 days of the conclusion of
your first upload which will place you on a specific date for billing purposes which
occurs once every month.
2b. Hostpix.com - See Hostpix Terms of Service for additional
details.
2c. Auctionpix.com - We accept check or money orders if you prefer not to use PayPal.
Your monthly statement will have our postal address included.
2d. Minimum payment accepted through PayPal is $
2.00 - No Exceptions.
Charges of 0.20 cents through 0.80 cents must be paid by check or money order
within 10 days or the customers account will be locked. If paid by PayPal the
transaction will be cancelled. Bookkeeping fees, late fees and/or collection fees will be
added to any late balance due not paid by check or money order.
2f. Rates apply to all images once they are uploaded to our server - whether the
pictures are used in an auction or not - all image charges apply to your account and are
due upon receipt of your billing statement. No Exceptions.
2g.Your payment is due upon receipt of the billing statement sent to
you via email. There is a grace period of 10 days but if payment hasn't been received on
or before the 11th day, your uploading account and pictures will be suspended. A
late fee of $ 3.00 will be added to all accounts per month that are left unpaid for 30
days or more. Any unpaid statements of 60 days or longer will be turned into our
collection agency at which time you are responsible for all charges
including the charges from the collection agency.
2h. If we cannot contact you via the email address you give us for
billing purposes, we will send your statement via USPS which will include an additional $
5.00 bookkeeping expense with payment immediately upon receipt.
2i. You the customer agree that you are responsible for the use of your
account at all times and are responsible for all charges that you incur or charges that
your family members or friends incur when using your account.
Section 3 - Userids, Passwords and Security
3a. You shall at all times maintain the confidentiality of your user
names and passwords. If you are a corporation, partnership or other legal entity, you may
allow employees to use user names and passwords, provided that you are responsible for all
activity and all charges by such employees. Permitting use of the Services by a third
party is prohibited and is a violation of this Agreement. If there is a breach of security
through your account, you must immediately change your password and also notify us at:
Service
Section 4 - Auctionpix.com & Auction Pix Image Hosting Liability
4a. Auctionpix.com will not be held liable in any way, shape, or form,
for any earnings or potential earnings lost by our clients caused by system failure, data
loss, natural disasters or man-made disasters including war. We highly recommend you keep
a copy of all images uploaded to our server on your computer until you are satisfied you
no longer need them.
4b. You the customer or client agree to the fact that Auctionpix.com
also known as Auction Pix Image Hosting and Hostpix.com will not be held monetarily liable
by you, the client, for any or all auctions which close without an image at any time.
Auctionpix.com will not be responsible for typos or mis-entries in the Gallery, eBay
Motors, or any selling forms on any auctions including eBay. If an image is not working
please contact us before the close of the auction. Double check the URLS to make sure they
are correct.
4c. Auctionpix.com will not and cannot be held liable for merchandise
or services used or purchased through 3rd party advertisements on our website.
4d. Auctionpix.com does not sell any information to third party vendors including our
customer email address, name, or any other information provided to us by the customer.
Section 5 - Acceptable Image Formats
5a. Auctionpix.com accepts the .jpg .jpeg or .gif format only. For .bmp
.psd .tif or any other image format, please convert the images using your software to .jpg
or .gif. No music files including .wav or animated gifs are accepted.
Section 6 - Picture Content & Prohibited Practices
6a. No adult or pornographic images will be hosted at anytime by
Auctionpix.com. Payments will not be refunded and the offending user's account will be
removed immediately.
6b. eBay motor vehicle and real estate pictures are charged at a special rate of
one dollar per picture with a maximum of 5 pictures per auction for fifteen days hosting. No exceptions.
6c. Any misuse of system resources, including but not limited to,
knowingly employing programs or images which consume excessive bandwidth, CPU time,
storage space, or the resale of access to CGI scripts installed on our servers is
prohibited and will be removed without warning to the account holder.
6d. Unlawful activities such as unauthorized distribution or copying of copyrighted photos
will be reported to the legal authorities and the auction company that the photos are
being used on. Payments will not be refunded and the offending user's account will be
removed immediately.
6e. Any hacking attempt to any server will be dealt with severely. We
use highly sophisticated tracking software and report offenders directly to the Federal
Bureau of Investigation (FBI) for prosecution.
Section 7 - Auctionpix.com and Third Party Property
7a. Other than your images, all content included or available on our
website, such as advertisements, text, graphics, logos, button icons, images, and
software, is the property of Auctionpix.com and Smith Software Innovations is protected by
copyrights, trademarks or other intellectual and proprietary rights.
Section 8 - Non Used Account Deletion Time Period
8a. Any user account over 60 days with zero activity will be closed and deleted from the
database. No refund of any remaining balance will be issued.
Section 9 - Refunds
A full refund of the amount paid to Paypal for image hosting (or sent to us in
the form of a check or money order) will be given during your first 24 hours after payment
has been made. After the first 24 hour period, no refunds of any kind will be
issued. No exceptions.
Section 10 - Agreement
8a. This Agreement is not assignable, transferable or sub-licensable by
you without prior written consent, and any such conveyance shall be null and void.
8b. This Agreement shall be governed by and construed in accordance
with the laws of the state of Indiana without regard to conflicts of laws provisions
thereof. The sole jurisdiction and venue for actions related to the subject matter hereof
shall be the State of Indiana and U.S. federal courts having within their jurisdiction the
location of Auctionpix.com's principal place of business. In any action or proceeding to
enforce rights under this Agreement, the prevailing party will be entitled to recover
costs and attorneys' fees. If any provision of this Agreement is held by a court of
competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be
limited or eliminated to the minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect and enforceable.
8c. Headings are for reference purposes only and in no way define, limit, construe or
describe the scope or extent of such section.
Section 11 - Acceptance
This Agreement sets forth the entire understanding and agreement
between Auctionpix.com and you the customer with respect to the subject matter hereof. You
agree and acknowledge that you are not entering into this agreement in reliance on any
statements or representations other than those set forth herein. Should any term or
condition be in conflict between this Agreement and any document incorporated by reference
into this Agreement, the terms of this Agreement shall control.
By registering with Auctionpix.com you agree to our terms of service as
stated above. |