PhotoPile User and Service Agreement
This agreement describes the terms of service and customer agreement for using PhotoPile services and products. If you do not accept these terms and conditions please exit this website. If you have any questions or comments please visit or FAQ page or contact us. We may amend this Agreement at any time by posting the amended terms on this webpage.
Section 1 - Registration - Use of Service - Refusal of Service
1.1. 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. 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.
1.2. 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.
1.3. PhotoPile reserves the right to refuse service to any person or business that has not paid for services rendered in the past, has been sent through our collection agency, and/or PhotoPile 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 PhotoPile.
1.4. Upon registering, PhotoPile will email a confirmation email to the email address provided by you the customer. You must verify your email address by following the directions found in the confirmation email, else your account and any images you upload will be removed from PhotoPile within three (3) days. PhotoPile limits the number of photos you may upload to one (1) while your email address is unverified.
Section 2 - Payment Terms for Image Hosting
2.1. An account will be setup for you at the time of registration and you will begin your free trial period during which time you may try PhotoPile image hosting services. This trial period is limited by the number of images you may upload to PhotoPile servers and will end after the designated number of images have been uploaded.
2.2. All services after the trial period has expired will be on a prepaid basis. Any account not paid will be suspended or terminated at the discretion of PhotoPile.
2.3. Statements of account will be made available online and will not be mailed.
2.4. We accept PayPal, check or money orders. All payments for services are non-refundable.
2.5. 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 - User IDs, Passwords, and Security
3.1. 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.
Section 4 - PhotoPile Hosting Liability
4.1. PhotoPile 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 or "acts of God." We highly recommend you keep a copy of all images uploaded to our servers on your computer until you are satisfied you no longer need them.
4.2. You the customer or client agree to the fact that PhotoPile will not be held monetarily liable by you, the client, for any or all auctions which close without an image at any time. PhotoPile will not be responsbile 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.
4.3. PhotoPile will not and cannot be held liable for merchandise or services used or purchased through 3rd party advertisements on our website.
4.4. You cannot hold PhotoPile liable for anything, for any purpose.
4.5. PhotoPile reserves the right to change or discontinue any and all referral or affiliate programs, with or without notice, at any time.
Section 5 - Acceptable Image Formats
5.1. PhotoPile places no limit on the size of images uploaded to our server. However, eBay recommends 30K or less for each image because of bandwidth considerations. PhotoPile reserves the right to resize, crop, compress, or remove any and all pictures or images that are drawing excessive bandwidth from any server at any time with or without the customers consent.
5.2. PhotoPile accepts the .jpg .jpeg .gif .bmp .png or .tif file formats. No music files including .wav .mp3 or animated gifs are accepted.
Section 6 - Picture Content & Prohibited Practices
6.1. No adult or pornographic images will be hosted at any time by PhotoPile.
6.2. Any misuse of system resources, including but not limited to, knowingly employing programs which consume excessive CPU time, storage space, or the resale of access to CGI or ASP scripts installed on our servers is prohibited.
6.3. 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.
6.4. 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.
6.5. PhotoPile does not endorse spam. Any photos used for the purposes of spam will result in the removal of all your images and the deactivation of your member account.
6.6. Any pictures uploaded for the purpose of stalking, harrassing, slandering, or uploaded for any purpose illegal, immoral, or unethical, are not prohibited.
6.7. Any violation of any part of this section shall result in the removal of pictures and/or the deactivation of your user account, at the discretion of PhotoPile.
Section 7 - PhotoPile and Third Party Property
7.1. Other than your images, all content included or available on our website, such as advertisements, text, graphics, logos, button icons, and software, is the property of PhotoPile and is protected by copyrights, trademarks or other intellectual and proprietary rights.
Section 8 - Agreement
8.1. This Agreement is not assignable, transferable or sublicensable by you without PhotoPile prior written consent, and any such conveyance shall be null and void.
8.2. This agreement shall be governed by and construed in accordance with the laws of the state of Arkansas 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 Arkansas and U.S. federal courts having within their jurisdiction the location of PhotoPile'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 so that this Agreement shall otherwise remain in full force and in effect and enforceable.
8.3. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Section 9 - Acceptance
9.1. This Agreement sets forth the entire understanding and agreement between PhotoPile 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.
9.2. By registering with PhotoPile you agree to our terms of service as stated above.