Terms of Service Documentation
Please read this Terms of Service agreement carefully before accessing or using USEPNG.
1. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies (including the USEPNG Privacy Statement) and procedures that we may publish from time to time on the Website.
2. The “Service” refers to the applications, software, products, and services provided by USEPNG.
3. The “Website” refers to USEPNG’s website located at USEPNG.com, and all content, services, and products provided by USEPNG at or through the Website. It also refers to USEPNG-owned subdomains of USEPNG.com
4. “The User,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. A User must be at least 13 years of age.
5. “USEPNG,” “We,” and “Us” refer to USEPNG.com, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
6. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. “User-Generated Content” is Content, written or otherwise, created or uploaded by our Users. “Your Content” is Content that you create or own.
B. Account Terms
1. Required Information
You must provide a valid email address, password & user name in order to complete the signup process. Any other information requested is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid account, in which case additional information will be necessary for billing purposes.
2. Account Requirements
We have a few simple rules for accounts on USEPNG’s Service.
• You must be a human to create an account. Accounts registered by “bots” or other automated methods are not permitted. We do permit machine accounts:
• A machine account is an account set up by an individual human who accepts the Terms on behalf of the account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the account is ultimately responsible for the machine’s actions. You may maintain no more than one free machine account in addition to your free personal account.
• One person or legal entity may maintain no more than one free account (if you choose to control a machine account as well, that’s fine, but it can only be used for running a machine).
• You must be age 13 or older. USEPNG does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older; in such a case, you are responsible for complying with your country’s laws.
3. User Account Security
You are responsible for keeping your account secure while you use our Service.
• You are responsible for all content posted and activity that occurs under your account.
• You are responsible for maintaining the security of your account and password. USEPNG cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You will promptly notify USEPNG if you become aware of any unauthorized use of, or access to, our Service through your account, including any unauthorized use of your password or account.
C. Acceptable Use
1. Compliance with Laws and Regulations
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
2. Content Restrictions
You agree that you will not under any circumstances upload, post, host, or transmit any content that:
• is unlawful or promotes unlawful activities;
• is or contains sexually obscene content;
• is libelous, defamatory, or fraudulent;
• is discriminatory or abusive toward any individual or group;
• contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
• infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
3. Conduct Restrictions
While using USEPNG, you agree that you will not under any circumstances:
• harass, abuse, threaten, or incite violence towards any individual or group, including USEPNG employees, officers, and agents, or other USEPNG Users;
• use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
• attempt to disrupt or tamper with USEPNG’s servers in ways that could harm our Website or Service, to place undue burden on USEPNG’s servers through automated means, or to access USEPNG’s Service in ways that exceed your authorization (other than those authorized by the USEPNG Bug Bounty program);
• impersonate any person or entity, including any of our employees or representatives, including through false association with USEPNG, or by fraudulently misrepresenting your identity or site’s purpose; or
• violate the privacy of any third party, such as by posting another person’s personal information without consent.
4. Services Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without USEPNG’s express written permission.
Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. We only allow scraping by established search engines. All other forms of scraping will be blocked when they are detected.
Misuse of USEPNG Users’ Personal Information is prohibited.
Any person, entity, or service collecting data from USEPNG must comply with the USEPNG Privacy Statement, particularly in regards to the collection of our Users’ Personal Information (as defined in the USEPNG Privacy Statement). If you collect any USEPNG User’s Personal Information from USEPNG, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will reasonably secure any Personal Information you have gathered from USEPNG, and you will respond promptly to complaints, removal requests, and “do not contact” requests from USEPNG or USEPNG Users.
7. Excessive Bandwidth Use
If we determine your bandwidth usage to be significantly excessive in relation to other USEPNG customers, we reserve the right to suspend your account or throttle your file hosting until you can reduce your bandwidth consumption.
8. User Protection
You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.
9. Download Limits
We limit free accounts to 2 downloads per 24 hours. PREMIUM users do not have download limits, but if we detect unnatural download behavior, we might temporarily or permanently block downloads on your account.
D. User-Generated Content
1. Responsibility for User-Generated Content
You may create or upload User-Generated Content while using the Service. You are solely responsible for the content of, and for any harm resulting from, any User-Generated Content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that Content. We are not responsible for any public display or misuse of your User-Generated Content.
2. USEPNG May Remove Content
We do not pre-screen User-Generated Content, but we have the right (though not the obligation) to refuse or remove any User-Generated Content that, in our sole discretion, violates any USEPNG terms or policies.
3. Ownership of Content, Right to Post, and License Grants
If you’re posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third party licenses relating to Content you post.
4. License Grant to Us
We need the legal right to do things like host Your Content, publish it, and share it. You grant us and our legal successors the right to store, parse, and display Your Content, and make incidental copies as necessary to render the Website and provide the Service. This includes the right to do things like copy it to our database and make backups; show it to you and other users; parse it into a search index or otherwise analyze it on our servers; share it with other users. You grant USEPNG Commercial Rights to your content so that ads can be displayed around your content.
5. License Grant to Other Users
Any User-Generated Content you post may be viewed by others and can be used for “Personal Use” by anyone. “Commercial Use” of your content is not allowed unless specifically granted by you. USEPNG cannot be held responsible for improper use of your “User-Generated Content”. USEPNG cannot be held responsible in case you grant Commercial Rights to content you do not own or have no rights to. You are responsible for the Commercial Rights that you grant to other users.
F. Copyright Infringement and DMCA Policy
If you believe that content on our website violates your copyright, please contact us in accordance with our DMCA – Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on USEPNG violates your rights, please contact us via email firstname.lastname@example.org. There may be legal consequences for sending a false or frivolous takedown notice. Before sending a takedown request, you must consider legal uses such as fair use and licensed uses.
We will terminate the accounts of repeat infringers of this policy.
G. Cancellation and Termination
1. Account Cancellation
It is your responsibility to properly cancel your account with USEPNG. You can cancel your account at any time by going here.
2. Upon Cancellation
We will not retain any of your information upon deletion of your account, unless your account is actively being investigated by law enforcements.
3. USEPNG May Terminate
USEPNG has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. USEPNG reserves the right to refuse service to anyone for any reason at any time.
All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
H. Disclaimer of Warranties
USEPNG provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
USEPNG does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
I. Limitation of Liability
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
• the use, disclosure, or display of your User-Generated Content;
• your use or inability to use the Service;
• any modification, price change, suspension or discontinuance of the Service;
• the Service generally or the software or systems that make the Service available;
• unauthorized access to or alterations of your transmissions or data;
• statements or conduct of any third party on the Service;
• any other user interactions that you input or receive through your use of the Service; or
• any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
J. Release and Indemnification
If you have a dispute with one or more Users, you agree to release USEPNG from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that USEPNG (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases USEPNG of all liability); and (3) provides to you all reasonable assistance, at your expense.
K. Changes to These Terms
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.