Terms of Service Documentation

Please read this Terms of Service agreement carefully before accessing or using PNGBYTE.

A. Definitions

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 PNGBYTE 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 PNGBYTE.
3. The “Website” refers to PNGBYTE’s website located at PNGBYTE.com, and all content, services, and products provided by PNGBYTE at or through the Website. It also refers to PNGBYTE-owned subdomains of PNGBYTE.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. “PNGBYTE,” “We,” and “Us” refer to PNGBYTE.com, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
6. “Content” refers to content featured or shown 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 PNGBYTE'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. PNGBYTE 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. PNGBYTE cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
     You will promptly notify PNGBYTE 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 PNGBYTE, you agree that you will not under any circumstances:
     harass, abuse, threaten, or incite violence towards any individual or group, including PNGBYTE employees, officers, and agents, or other PNGBYTE 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 PNGBYTE's servers in ways that could harm our Website or Service, to place undue burden on PNGBYTE's servers through automated means, or to access PNGBYTE's Service in ways that exceed your authorization (other than those authorized by the PNGBYTE Bug Bounty program);      impersonate any person or entity, including any of our employees or representatives, including through false association with PNGBYTE, 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 PNGBYTE's express written permission.
5. Scraping
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.
6. Privacy
Misuse of PNGBYTE Users' Personal Information is prohibited.
Any person, entity, or service collecting data from PNGBYTE must comply with the PNGBYTE Privacy Statement, particularly in regards to the collection of our Users' Personal Information (as defined in the PNGBYTE Privacy Statement). If you collect any PNGBYTE User's Personal Information from PNGBYTE, 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 PNGBYTE, and you will respond promptly to complaints, removal requests, and "do not contact" requests from PNGBYTE or PNGBYTE Users.
7. Excessive Bandwidth Use
If we determine your bandwidth usage to be significantly excessive in relation to other PNGBYTE 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. PNGBYTE 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 PNGBYTE 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 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. PNGBYTE cannot be held responsible for improper use of your "User-Generated Content". PNGBYTE cannot be held responsible in case you upload content you do not own or have no rights over.
5. Commercial Use
   5.1 - PNGBYTE does not grant any "Commercial Use" on the images shown on the website.
   5.2 - PNGBYTE cannot be held responsible for any damages, costs or losses resulting from "Commercial Use" of the images.

F. Copyright Infringement and DMCA Policy

If you believe that content on our website violates your copyright, please contact us in accordance with our Digital Millennium Copyright Act Policy. If you are a copyright owner and you believe that content on PNGBYTE violates your rights, please contact us via email [email protected]. 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 infringers of this policy.
We will comply with all valid removal requests.

G. Payment

1. Pricing
If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change.
2. Upgrades, Downgrades, and Changes
     We will immediately bill you when you upgrade from the free plan to any paying plan.
     If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
     If you choose to downgrade your account, you may lose access to Content, features, or capacity of your account.
3. Billing Schedule; Refunds
     For monthly or yearly payment plans, the Service is billed in advance on a monthly or yearly basis respectively. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open account; however, the service will remain active for the length of the paid billing period.
     We clearly state the benefits a paid account offers on our premium page.
     We offer refunds only on new accounts that have not downloaded more than 2 images, and ask for a refund within 24 hours of upgrading.
     In order to treat everyone equally, no exceptions will be made.

I. Cancellation and Termination

1. Account Cancellation
It is your responsibility to properly cancel your account with PNGBYTE. 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 inforcements.
3. PNGBYTE May Terminate
PNGBYTE 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. PNGBYTE reserves the right to refuse service to anyone for any reason at any time.
4. Survival
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.

J. Disclaimer of Warranties

PNGBYTE 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.
PNGBYTE 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.

K. 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.

L. Release and Indemnification

If you have a dispute with one or more Users, you agree to release PNGBYTE 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 PNGBYTE (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 PNGBYTE of all liability); and (3) provides to you all reasonable assistance, at your expense.

M. 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 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.