User Policy

All PhotoEats customers must abide by the following Terms and Conditions of service:

SERVICE AGREEMENT & ACCEPTABLE USE POLICY

This User Agreement (this "Agreement") sets forth the terms and conditions of your use of PhotoEats. To become a PhotoEats account holder, you must read and agree to be bound by all terms and conditions of this Agreement, and any policies that are or may be published by PhotoEats. This Agreement will become effective when accepted by PhotoEats. By posting notice 30 days in advance at a web page available on our web site (http://photoeats.com), PhotoEats may modify the terms and conditions of this Agreement, as well as discontinue or change the services offered. You will be bound by the modified Agreement, and/or policies if you continue to use the services.

1. Scope of Services and Your Obligations

1.1. This Agreement defines the terms and conditions of PhotoEats's services as offered by PhotoEats and used by you (the "Services").

1.2. You hereby warrant that all Upload Materials shall be owned or properly licensed by you and shall not adversely impact the Services or violate any rights of any third parties. You are responsible for ensuring that all Upload Materials will function properly and as intended. You are responsible for all activity originating from your PhotoEats account space/access, unless proven to be a victim of outside hacking or address forgery.

1.3. In connection with the Services, PhotoEats may provide for your use certain tools and software, including, but not limited to, certain specialty scripting software and/or certain programming language software (collectively, the "Tools"). These Tools are copyrighted and proprietary property owned by PhotoEats. To the extent that such Tools are provided to you, you are granted a nonexclusive, nontransferable license to use the Tools in object-code form only for your internal use, solely in connection with the Services provided under this Agreement.

1.4. You are responsible to maintain local copies of your information/photos. If loss of data occurs due to an error of PhotoEats, PhotoEats will attempt to recover the data for no charge. However, PhotoEats accepts no responsibility for the recovery of any missing photos or customer info.

1.5. PhotoEats reserves the right to monitor its systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request to operate its systems properly, to protect itself or its accountholders or for any other reason it in good faith deems necessary. PhotoEats will fully cooperate with law enforcement authorities in investigating suspected lawbreakers and reserves the right to report to law enforcement any suspected illegal activity it becomes aware of. It is not PhotoEats's intention that its Services or facilities be used in contravention of the Communications Decency Act of 1996 (the "CDA") or any other applicable law.

1.6. You agree to comply with the requirements of the CDA and the Digital Millennium Copyright Act (the "DMCA") and acknowledge that PhotoEats is a "service provider" under the DMCA and is therefore immune from liability under the DMCA, including 17 U.S.C. § 512. Consistent with the DMCA, PhotoEats will accommodate standard technical measures used to identify and protect copyrighted works, and, as further described herein, PhotoEats has a policy of terminating accountholders who are copyright infringers.

1.7. Email contact between PhotoEats users is optional and PhotoEats assumes no responsibility for their content. Neither the content of these email messages located on PhotoEats's servers nor the links to other websites are screened, approved, reviewed or endorsed by PhotoEats. The text and other material in such messages are the opinion of the specific author and are not PhotoEats's statements of advice, opinion or information.

2. Limited Warranty; Limitation of Liability; Indemnification

2.1. Disclaimer of Warranties. You acknowledge that the Services are provided "as is." Neither PhotoEats, nor any of its employees or agents, warrants that the Services will be uninterrupted, error free or free from viruses or other harmful components. PhotoEats is not responsible for and hereby disclaims any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or completeness, noninfringement, merchantability or fitness for a particular purpose of information available on its servers or residing on or passing through its interconnecting networks. Use of information obtained from or through the Services is at your risk. Under no circumstances will PhotoEats be liable to you or any other person for any loss or damage caused by your reliance on information available on its servers or obtained through the Services.

2.2. Limitation of Liability. IN NO EVENT SHALL PhotoEats BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE OR OTHER CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS AND DAMAGES RELATED TO CORRUPTION OR DELETION OF USER CONTENTS) ARISING OUT OF OR IN RELATION TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE PhotoEats's SERVICES (INCLUDING, BUT NOT LIMITED TO, INOPERABILITY OF PhotoEats's SERVERS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF PhotoEats HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS DESCRIBED HEREIN WILL ALSO APPLY TO ALL DOMAIN NAME DISPUTES, INVOLVING BOTH NEW DOMAIN REGISTRATIONS AND RENEWALS OR ANY FAILURE TO RENEW.  NO EVENT SHALL PhotoEats's MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO PhotoEats.

2.3. Indemnification. You agree to indemnify, defend and hold PhotoEats and its affiliates, directors, officers, employees and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, dispute or demand related to your use of the Services, your violation of any of the provisions of this Agreement or from your placement or transmission of any materials or content onto PhotoEats's servers. Such liabilities may include, but are not limited to, those arising from the following: (a) with respect to your business, (i) infringement or misappropriation of any intellectual property rights; (ii) defamation, libel, slander, obscenity, pornography, or violation of the rights of privacy or publicity; or (iii) spamming, or any other offensive, harassing or illegal conduct or violation of the acceptable uses described herein or anti-spam policy; (b) any damage or destruction to PhotoEats's equipment or to any other accountholder, which damage is caused by or otherwise results from acts or omissions by you, your representative(s) or your designees; (c) any personal injury or property damage arising out of your activities related to the Services, unless such injury or property damage is caused solely by PhotoEats's gross negligence or willful misconduct; and (d) any other damage arising from your equipment or your business.

3. Acceptable Uses

3.1. Use and Misuse of the Services. All complaints of abuse, violation and misuse of the Services, whether described in this Section 3 or otherwise, shall be investigated promptly. If you are not sure if your actions will be an abuse, violation or misuse, please ask first: support@photoeats.com.

You are responsible for all use of your PhotoEats account, with or without your knowledge or consent.

You agree to use the Services only for lawful purposes, in compliance with all applicable laws. Illegality includes, but is not limited to, drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEGs, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law, such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited.

When PhotoEats becomes aware of possible violations of this Agreement, PhotoEats may initiate an investigation that may include gathering information from you and the complaining party, if any, and examination of material on PhotoEats's servers. PhotoEats, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violations of this Agreement could subject you to criminal or civil liability.

BY ACCEPTING THIS AGREEMENT, YOU AGREE TO WAIVE AND HOLD PhotoEats HARMLESS FROM ANY CLAIMS RELATING TO ANY ACTION TAKEN BY PhotoEats AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES WHATSOEVER FROM PhotoEats AS A RESULT OF PhotoEats's DECISION TO REMOVE MATERIAL FROM ITS SERVERS, WARN YOU, SUSPEND OR TERMINATE YOUR ACCOUNT, OR TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF PhotoEats's CONCLUSION THAT A VIOLATION HAS OCCURRED. THIS WAIVER APPLIES TO ALL VIOLATIONS DESCRIBED IN THIS AGREEMENT.

3.2. Use and Misuse of Materials.
You are prohibited from storing, distributing or transmitting any unlawful material through the Services. Examples of unlawful material include, but are not limited to, threats of physical harm, child pornography, and copyrighted, trademarked and other proprietary material used without proper authorization. Pornography and sex-related merchandising, or links to such material, even if legal, are not acceptable uses of PhotoEats's servers. You may not post, upload or otherwise distribute copyrighted material on PhotoEats's servers without the consent of the copyright holder.

Unacceptable uses of account content also include the presence of the following programs or the activities associated with them, regardless of whether or not any actual intrusion results in the corruption or loss of data: server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network; attempts to circumvent any user authentication or security of host, network, or account; accessing data not intended for user; probing the security of any network; spawning dozens of processes; port scans, ping floods, packet spoofing, and forging router information; denial of service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land and teardrop; promulgation of viruses; and IRC bots, such as eggdrop or BitchX.

Examples of unacceptable activities include posting private information about a person without his or her consent, defaming a person or business, and knowingly making available code that will have a deleterious effect on third-party computers. Where there are allegations that your on-line activity has violated the legal rights of a third party, PhotoEats will not substitute itself for a court of law in deciding tort claims raised by the third party.

3.3. Inter user Email Use. Unacceptable affronts to netiquette and unacceptable activities include, but are not limited to, the following: spamming (sending unsolicited advertising to those with which you have no existing business relationship and posting off-topic advertising in newsgroups); spoofing (using a return email address that is not the valid reply address of the sender or sending an email message that does not contain enough information to enable the recipient to identify you); passive spamming (promoting a website hosted by PhotoEats by spamming from some other source); trolling (posting controversial messages in newsgroups to generate responses); mailbombing (inundating a user with email without any serious intent to correspond or sending large or multiple files to a user); generating a higher volume of outgoing mail than a normal user (over 10% of available system resources); propagating chain letters; and subscribing someone else to an electronic mailing list without that person's permission. A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an email address available to the public does not constitute a request to receive messages. Distribution of mass emailing programs is also prohibited. All recipients on a mailing list must have personally subscribed. Mailing lists may not be used to distribute unsolicited email. If you are repeatedly mailbombed or attract such behavior, the Services will be terminated.

You should not send email to any user who does not wish to receive it, either at PhotoEats or elsewhere. PhotoEats recognizes that email is an informal medium; however, you must refrain from sending further email to a user after receiving a request to stop.

Violations of the PhotoEats policies outlined herein can sometimes result in massive numbers of email responses. If you receive so much email that PhotoEats resources are affected, PhotoEats staff may shut down your mailbox.

3.4. System Security. You are prohibited from utilizing the Services to compromise the security of system resources or accounts on servers at PhotoEats or at any other site. Use or distribution of tools designed for compromising security or containing viruses or trojans are prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.

If you are involved in violations of system security, PhotoEats reserves the right to release all usernames of users involved in such violations to system administrators at other sites in order to assist them in resolving security incidents. PhotoEats will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers.

3.5. System Resources. System abuse includes any use of PhotoEats resources that disrupts the normal use of its servers or services for others. Examples of system abuse include running excessive numbers of processes or consuming excessive amounts of CPU time, memory or disk space.

Any usage of 10% or more of PhotoEats's system resources is an undue burden on PhotoEats's system and is unacceptable. If your usage ever exceeds 10% of system resources, your account may be terminated immediately and without prior notice.

Further, running programs in the background on a PhotoEats server without PhotoEats's prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 100 emails a day and the like are not acceptable uses of PhotoEats's servers.

Space/storage limits are set at the sole discretion of PhotoEats.

4. PhotoEats's Right to Terminate Agreement

(a) PhotoEats reserves the right to suspend or terminate the Services to you and remove or prevent access to any material from your website at any time, without prior notice or liability, for any conduct that PhotoEats, in its sole discretion, believes violates this Agreement or is otherwise harmful to PhotoEats's interests or the interests of other accountholders. (b) PhotoEats also reserves the right to comply with the take-down provisions of the DMCA and to seek injunctive, declaratory, interpleader or other judicial or equitable relief (and, pending such action, to suspend all access to your website) if any third-party claim is made that your website content or use violates any of the acceptable uses or your obligations or representations described in this Agreement.

5. Cancellation of Accounts

5.1. PhotoEats requests that if you are no longer using your account that you notify PhotoEats so the account can be terminated. PhotoEats reserves the right

6. Arbitration; Governing Law

6.1. Except for PhotoEats's compliance with take-down provisions of the DMCA or injunctive or other equitable actions initiated by PhotoEats pursuant to Section 5(b), if any controversy or dispute arises in connection with this Agreement, the Services or your use of PhotoEats's servers, such controversy or dispute shall first be presented for resolution by PhotoEats and you. If no resolution is reached within 7 days thereafter, then such controversy or dispute shall be resolved by binding arbitration in Columbus, Ohio, under the then-current rules of commercial arbitration of the American Arbitration Association. Each party shall select an arbitrator with expertise in computer law and the Internet, and these two arbitrators shall select the third arbitrator with such expertise. The validity, terms, performance and enforcement of this Agreement shall be governed and construed by its provisions and in accordance with the laws of the State of Ohio (without regard to conflicts of laws principles).

6.2 You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the state and federal courts located in Columbus, Ohio, for any action, suit or proceeding arising out of or relating to Section 5(b) of this Agreement and the arbitration contemplated by this Section 6.

7.   Miscellaneous

You may not assign your rights and obligations under this Agreement without the prior written consent of PhotoEats, which may be withheld at PhotoEats's discretion. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of PhotoEats to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by PhotoEats of a breach of any provision hereof be taken or held to be a waiver of the provision itself. Any action for any claim arising under, or in connection with, this Agreement must be commenced by you within one year after the alleged cause of action has accrued or after the date of termination of this Agreement, whichever is earlier. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Such provision may be amended or replaced with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of the parties as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed or expressly assented to by PhotoEats. All terms and conditions of this Agreement that should by their nature survive termination of this Agreement shall so survive. This Agreement and the Online Order form, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and PhotoEats and supersede and govern all prior proposals, agreements, or other communications.

Under no circumstances shall PhotoEats be required to provide any support with respect to any software or other files installed, modified or deleted by Client with or without PhotoEats’s consent.
Client shall comply, and shall cause all Client Customers or other third parties gaining access to the Hardware or Software through Client to comply, with PhotoEats's then-current acceptable use and privacy policies (collectively, "User Policy"), as they may reasonably be amended by PhotoEats from time to time and which are available through PhotoEats's Web site at http://www.photoeats.com/policy. In the event of any conflict between such Acceptable Use Policies and any terms and conditions of this Agreement, this Agreement shall govern. PhotoEats reserves the right to lock out, suspend or shut down any domains or Web sites that violate any Acceptable Use Policy.

PhotoEats has a responsibility to ensure that each of our clients is provided with the best services we have available. While we back up files continuously, we are in no way responsible for the archiving of a user’s data. It is the sole responsibility of the user to copy, back-up or archive all files that constitute a web site.

9. Consent to contract electronically

By using PhotoEats services you agree to be bound by and to comply with this Agreement just as if you had signed it, and so agree that such use is the legal equivalent of your signature on a written contract.

The following guidelines also apply:

Content
All services provided by PhotoEats may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States Federal, State, or City law is prohibited. This includes, but is not limited to copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless PhotoEats from any claims resulting from the use of the service, which damages the subscriber or any other party.

Pornography and sex-related merchandising is prohibited on all PhotoEats servers. PhotoEats will be the sole arbiter in determining violations of this provision.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to PhotoEats servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links:
- Pirated software
- Hacker programs or archives
- Warez sites

PhotoEats will be the sole arbiter as to what constitutes a violation of this provision.

Commercial Advertising - Email

Spamming, or the sending of unsolicited email, from an PhotoEats server or using an email address or domain that is maintained on an PhotoEats machine as reference is STRICTLY prohibited. PhotoEats will be the sole arbiter as to what constitutes a violation of this provision.

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of PhotoEats is strictly prohibited, and will result in immediate termination or prosecution.

Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Failure to follow any term or condition will be grounds for immediate account deactivation.