PixAirline.com gives account holders
ability to store images for personal and commercial use that are
accessible via the Internet and World Wide Web and are hosted by
PixAirline.com. Files uploaded by all users without exception
are subject to the following terms:
- shall not infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights of
publicity or privacy;
- shall not violate any law, statute, ordinance or regulation
(including without limitation those governing export control,
consumer protection, unfair competition, anti-discrimination,
false advertising, deceptive practices, or securities
transactions);
- shall not be fraudulent or involve the sale of counterfeit or
stolen items;
- shall not be defamatory, libelous, unlawfully threatening or
unlawfully harassing;
- shall not be obscene, contain child pornography;
- shall not create liability for us or cause us to lose (in whole
or in part) the services of our ISPs or other suppliers;
- shall not contain any viruses, Trojan horses, worms, time bombs,
cancelbots or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data, or personal
information.
It is left to each individual user when uploading images, or using
images we host on external websites, to abide by any applicable
local, state, or federal laws, statues, ordinances and regulations
that may apply. Images reported or found to be in violation will
be promptly removed, without notice from PixAirline.com, and the
user may be subject to account termination, without possibility of
refund from PixAirline.com for any unused account balances, nor
recourse by the customer.
PixAirline.com will cooperate with fully, and provide any useful
information available, to any legal or governmental agency in the
event of investigation into any legal or questionable violations
by a customer.
Abuse
The use of automated scripts or robots to access accounts or
upload files is strictly prohibited.
The use of specialized electronic devices or software in an effort
to cause the site to operate in an abnormal manner is strictly
prohibited.
Free accounts are limited to one per valid email address. Anyone
found to have multiple accounts are subject to immediate
suspension at the discretion of PixAirline.com.
User passwords and login credentials are to be protected by the
account owner. We will not be responsible for unauthorized account
access in the event a password is not protected by the user. If
you suspect a person has accessed your account without
authorization, it is your responsibility to change your password
and contact PixAirline.com immediately.
When inserting images on external websites, you must use the URL
we provide for such use.
Users found to be otherwise abusing the system will be subject to
account termination at the discretion of PixAirline.com.
Pricing Policies
All accounts are setup on a pre-pay basis. PixAirline.com reserves
the right to change prices at any time and prices are guaranteed
for the term of pre-payment.
Any account not brought current within two weeks (14 days) of
Email notice is subject to suspension. If the account is not
brought current within a further fourteen (14) days then all
services will be canceled and any agreements deemed to be
terminated. Account holder 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 user notifies
PixAirline.com with a written request for termination of service.
All payment is in United States currency.
Cancellation
Account holder 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.
PixAirline.com reserves the right to suspend or cancel at any time
account holder access to service for any reason. If PixAirline.com
institutes its right of cancellation then all fees paid in advance
of cancellation will be pro-rated and paid by PixAirline.com if
user has not used services for Illegal, immoral or unethical
purposes as stated elsewhere in this TOS.
All files will be deleted within 72 hours (3 days) of the day of
cancellation.
Termination of Service
If it is discovered and proven to PixAirline.com satisfaction that
its services are being used for an illegal, immoral or unethical
purposes, all services will 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 PixAirline.com,
and account holder agrees that the provider's determination is
final.
Termination shall be accompanied by written notice to the account
holder. Under certain circumstances described in this TOS,
PixAirline.com may terminate service with or without notice.
PixAirline.com shall not be liable to user or any third party for
termination of service. Upon termination of the service, account
holder’s rights to use the service immediately ceases, and
PixAirline.com thereafter has no obligation to maintain or forward
any data or communications to account holder or any third party.
Refunds and e-Transactions
There will be no refunds after 30 days of receipt of payment.
Refunds requested within 30 days of receipt of payment will be
given at the discretion of PixAirline.com, and will be subject to
processing and transaction fees.
Refunds of any portion of unused subscription payments after an
account termination on the part of the customer of PixAirline.com
will be at the discretion of PixAirline.com.
Refunds are subject to a 7.5% processing fee plus any and all
transaction fees related to the original transaction or the
refunding transaction.
Cancellation of service procedure is described in “Cancellation”
part of this TOS.
Service Availability Warranties
Although we strive for 100% service uptime, PixAirline.com offers
no warrants or guarantees as to the performance, availability or
speed of its image hosting service, nor offers any warrants as to
suitability or fitness for any particular use.
PixAirline.com will not be held responsible for service outages
resulting from non-PixAirline.com-operated equipment including,
but not limited to, Internet NAP failures or congestion, backbone
failures, or for unusual traffic spikes or "denial of service"
attacks on our web site.
While PixAirline.com shall make every reasonable effort to protect
client's images stored using the service, PixAirline.com is not
responsible for theft, loss of, or damage to them. Account holder
is solely responsible for maintaining backups of their own images,
and agrees to immediately notify PixAirline.com of any
unauthorized use of their account or any other breach of security
known or suspected by user.
Account holder understands and agrees that any images downloaded
or uploaded for storage through the use of PixAirline.com is done
at the client's own discretion and risk, and that account holder
will be solely responsible for any damage to him or third-party
computer system(s) or loss of data that results from use of
service.
PixAirline.com does not warrant that the service will be error
free or uninterrupted. No claims or guarantees are made by
PixAirline.com as to the accuracy or reliability of service unless
otherwise expressly stated in this TOS. Account holder also agrees
that PixAirline.com shall be held blameless and deemed not
responsible for any loss or damage to user’s business resulting
from use of service.