1. Definitions:

'ddupload' refers to the ddupload.com website and its network and excludes its shareholders, owners, or operators.
'User' refers to the individual who uploads files to ddupload, has uploaded files to ddupload, or accesses files from ddupload.

2. ddupload Terms of Service:

ddupload reserves the right to remove or replace any uploaded files, and assumes no liability for lost registration links or misplaced file URLs. It is user's responsibility to keep track of this information.

The following types illegal files may not be uploaded under any circumstances:

• Files that are pedophiliac. This includes, but is not limited to, persons under the age of 18 either posing as "models" or taking part in otherwise sexually implicit or explicit situations.
• Files that are illegal and/or are in violation of any United States laws pertaining to digital content usage.

• The immediate termination of user's ability to use ddupload or any of its provided services. A banned user will experience the following consequences:
  • All user-hosted images will be deleted.
• Authorities may be contacted. Regarding the infringing content, any information, such as time of upload, IP address, and tracking cookie, will be shared with either the FBI and/or Interpol, depending on both the severity of the infringement and the applicable cause of removal of future harm. With this information, these two agencies will be able to find and arrest the user in regard to any of the above-mentioned infringements.

To report this or any type of abuse, please contact us.

The following types of infringing files may not be uploaded under any circumstances:

• Files that are pornographic. This includes, but is not limited to, files depicting genitalia, nudity, or sexual situations.
• Files that infringe on the copyrights of any entity. This includes, but is not limited to, copyrighted photographs, as well as files for which user lacks usage and distribution permissions.
• Files whose intended use or purpose is to harass individual or multiple persons.
• Files whose intended use or purpose is the promotion of products or services through advertisements or commercial profit. This includes, but is not limited to, email spam and banner advertisements.
• Files that are not of the allowed filetypes.

Uploading any type of the above-mentioned files will result in:

• The immediate termination of user's ability to use ddupload or any of its provided services. A banned user will experience the following consequences:
  • All ddupload-hosted files will be deleted.

ddupload will not hesitate to completely ban any domain which uses ddupload's services without regard to ddupload's Terms of Service.

If the domain's owner feels that the domain was banned without justification, the domain's owner should Contact us. Make absolutely sure to provide a direct link to the URL that shows the banned images, not just the site's domain name.

3. Privacy Policy:

All information provided by User is strictly confidential. ddupload reserves the right to distribute aggregated demographic information provided by User, but we will never release the name or other personal information about User without User's permission. However, ddupload reserves the right to release current or past member information in the event:

• ddupload believes that User's use of ddupload is being or has been in violation of the Terms of Service;
• User has committed unlawful acts;
• The information is subpoenaed; or
• ddupload deems it necessary or appropriate.

4. Legal Policy:

Ignorance of these Terms of Service will not be considered a justification for non-applicability of said Terms of Service. These Terms of Service are subject to change without notice. ddupload directs full legal responsibility of the contents of the files that are uploaded to ddupload to individual users.

All files are © to their respective owners. All other content © ddupload. ddupload is not responsible for the content any uploaded files, nor is it in affiliation with any entities that may be represented in the uploaded files.

5. Limitation of Liability:

User agrees that the use of ddupload's Services is entirely at User's own risk. ddupload's Services are provided on an "as is" basis without warranties of any kind, either expressed or implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose.

ddupload makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of ddupload's Services. In no event will ddupload be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use ddupload's Services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.

6. Indemnity:

User agrees to indemnify and hold ddupload harmless from any loss, liability, claims, damages and expenses, including attorneys fees, arising from or related to the content, use, or deletion of user's pages or use of any other feature or service. This expressly includes:

• User's responsibility for any and all liability arising from the violation or infringement of proprietary rights orcopyrights, and
• Any defamatory or unlawful material contained within user's Files.

7. Maintenance:

ddupload will perform maintenance services as ddupload determines reasonably necessary. User acknowledged that such maintenance may require Web server downtime. ddupload will attempt to provide prior notice of the maintenance downtime, except when circumstances beyond ddupload's control limit or ability to do so.