This Photo Album Service Agreement ("Agreement") is entered into by and between HostingDude.com ("HostingDude.com") a/n individual and you and your heirs, agents, successors and assigns (collectively, "You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of HostingDude.com's Photo Album service and its related services (collectively, the "Services") and represents the entire agreement between You and HostingDude.com concerning the subject matter hereof. By using the Services, You acknowledge that You have read, understand, acknowledge and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies including, but not limited to, the Universal Terms of Service that HostingDude.com may establish from time to time, in its sole discretion, and any agreements that HostingDude.com is currently bound by or may become bound by in the future. Such Agreements may be found here. All HostingDude.com policies and agreements related to Your use of the Services are incorporated herein and made part of this Agreement by reference.

HostingDude.com grants You a non-exclusive license to use the Services, provided, however, that You abide by the terms and conditions set forth herein and in each of HostingDude.com's policies and procedures.

You acknowledge and agree that You may not

1. post, obtain, upload or transfer any image using the Services which: is threatening, obscene, pornographic or profane material or any other material that could give rise to any civil or criminal liability under any applicable law; and
2. infringe rights of privacy, publicity or copyrights or otherwise use content without the permission of the owner of such content and the persons (or their parents or legal guardians, where applicable) who are shown in any material.

While HostingDude.com offers an unconditional guarantee in connection with the products purchased through the Services, You acknowledge and agree that the guarantee is subject to and conditioned upon the following: (i) errors in spelling, punctuation, accuracy or quality in the information, text or images submitted by You when using the Services; (ii) the submittal by You of poor quality or resolution images; and (iii) errors related to customizable features, including, but not limited to, enhancements, choice of finish, cropping, border selection, size and formatting. The determination as to whether the guarantee applies to each particular order will be made by HostingDude.com in its sole discretion. Additionally, in the event You become aware of an error, such as a misspelling in an order placed using the Services, You acknowledge and agree that You will have up to sixty (60) minutes in which to call customer service to have the order cancelled due to an error. After such sixty (60) minutes period, all orders will be considered placed and unchangeable.

You acknowledge and agree that HostingDude.com or a third-party service provider may, but is not obligated to review any or all images provided to HostingDude.com and is not responsible for such images. Further, HostingDude.com expressly reserves the right to delete, edit or rearrange images that, in its sole discretion, it deems abusive, defamatory, obscene or in violation of copyright or trademark laws or otherwise unacceptable, and You acknowledge and agree to HostingDude.com's right to do so. You also acknowledge and agree that HostingDude.com or a third-party service provider may remove, publish, copy, modify, transmit and/or display any image submitted using the Services. In the event You submit any images that are in violation of these terms and conditions, You acknowledge and agree that HostingDude.com or a third-party service provider may retain such image(s) and charge You for the full amount of Your order including a reasonable service charge for handling the order.

You agree to defend, indemnify and hold harmless HostingDude.com for, from and against any and all damages, liabilities, costs and expenses (including, but not limited to, attorneys' fees and costs) incurred by HostingDude.com as a result of third-party claims in connection with (i) Your use of the Services in violation of the terms and conditions set forth in this Section; (ii) Your use of the Services to the extent that such use causes or is the basis for such third-party claim(s); (iii) the violation of any applicable law to the extent such violation results from Your use of the Services; and/or (iv) claims that any material You provide in connection with the Services infringes or misappropriates any or all intellectual property rights of a third-party.

Availability of Services

Subject to the terms and conditions of this Agreement and each of HostingDude.com's policies and procedures, HostingDude.com shall use commercially reasonable efforts to attempt to provide the Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that HostingDude.com may undertake from time to time; or (iii) causes beyond the reasonable control of HostingDude.com or that are not reasonably foreseeable by HostingDude.com, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that HostingDude.com has no control over the availability of the Services on a continuous or uninterrupted basis.

HostingDude.com explicitly reserves the right and sole discretion to: (i) modify its pricing, if desired by HostingDude.com ; (ii) review Your use of the Services for excessive space and bandwidth utilization, if applicable, and to terminate Your use of the Services or apply additional fees if You exceed allowed levels; (iii) establish limits and guidelines concerning the use of the Services; (iv) terminate Your use of the Services for use of the Services to unnecessarily or illegally harass, non-payment of fees for the Services, activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties, activities prohibited by the laws of the United States and/or foreign territories in which You conduct business, activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography, activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable in the sole opinion of HostingDude.com, activities designed to impersonate the identity of a third party, activities designed to harm minors in any way, and other activities whether lawful or unlawful that HostingDude.com determines, in its sole discretion, to be harmful to its other customers, operations, or reputation; (v) terminate Your use of the Services if Your use of the Services results in, or is the subject of, legal action or threatened or proposed legal action, against HostingDude.com or any of its affiliates or partners, without consideration for whether such legal action or threatened or proposed legal action is eventually determined to be with or without merit, and (vi) terminate Your use of the Services if You have not accessed or logged into it for more than ninety (90) days.