Terms & Policies

Terms of Use

These Terms of Use are our rules and your guidance on using Phobits. Please read them carefully as they outline rights and obligations of both you and Phobits.

Phobits wants you to use our services to host your images, but you need to own those images and not upload images owned by other people without their permission. Images must not violate the law, such as images that contain child pornography. Commercial use of Phobits is allowed with all subscription levels, but you need to select the subscription level that meets your needs for number of images or number of views of those images. If law enforcement needs access to your account we will follow the law but otherwise we will keep your information private. Do not use Phobits to harass, abuse, or violate anyone else's rights as that would be a violation of law and these terms of use. Enjoy Phobits, and let us know how we are doing. Our customers are the most important aspect of our business.

Content Ownership

The content that you upload to using the Phobits website is considered by Phobits to be your property. Phobits is not liable for your content. You must be sure that you have the right to upload the content, and that you do not violate the rights of the owner of the content if you do not own the content. If you are not the owner of the content, copyright laws require that you have permission of the owner to use their content. There are serious criminal and civil consequences if you violate someone's rights to their copyrighted materials. If you are in doubt about using someone's property, ask them first before uploading that content to Phobits.

Phobits does not endorse, support, approve or disapprove, or represent the truthfulness or veracity of content uploaded to Phobits. Phobits is an Online Service Provider and does not control the content used by our services beyond these terms of use. However, Phobits retains the right to remove any content that violates the rights of others as we are legally required to do so.

Trial Periods

Phobits may offer a trial period free of any charges. To continue using Phobits after the trial period a paid subscription may be required. If you cancel during the trial period there are no charges. Phobits will not ask you for a payment or payment method during the trial period. Trial periods have a grace period of 14 days during which you may pay for a subscription. During the 14 day grace period, your account is kept active, and, if you close your account during that grace period there is no charge. After the grace period, if your account is not paid, Phobits will close your account. Your images will be kept for a period of 90 days, during which you may reactivate your account by buying a subscription and your content will available. After the 90 day period, if you do not reactivate your account, the images will be removed from Phobits.

United States Customers Only

Due to laws and regulations, our customer support requirements, and payment authorizations, Phobits accepts accounts for use only within the United States.

While Internet use may result in customer content being accessed from outside the United States, copyrights and other applicable rights and protections under the law are the sole responsibility of the content owner for which Phobits cannot accept any liability or responsibility.

Customers may access their accounts from outside the United States; however, Phobits provides no representation that the services are available or appropriate for use outside the United States. Phobits reserves the right to close any account, without refund, that is established from outside the United States by anyone not a US citizen or resident alien. This means US citizens abroad, such as tourists, military service members, and people working outside the United States may use Phobits, just be aware that the foreign nation you are in may have restrictions, laws, or customs that you may be violating when accessing Phobits in your host country. Be sure to obey all foreign laws, rules, and regulations. This means military service members and other US citizens working outside the United States are welcome to establish an account with Phobits from anywhere in the world, but please do so while obeying any and all laws of your host nations.

The Phobits website may restrict entry of text to English characters only of A thru Z. In some places within the website, international characters may be used, at the discretion of Phobits.

Impersonation

Impersonation means that you try to make others believe that your account is owned or operated by another person. Impersonation is a violation of these Terms of Use and will result in the closing of the account. Be aware that it can be illegal and actionable in court to use trademarked names as an account name. Do not try to use account names that you know to be the name of someone else.

Any entity with documented protection of a name used by an account may file a request to Phobits to have that name changed or removed. Public figures such as celebrities, politicians, and others, may request users cease using the use of their name if the use is specifically being used to impersonate the public figure.

To request Phobits require an account to cease using your protected name, please use our web page at Account Name Violation
.

Cyberbullying Prohibited

Cyberbullying is the use of digital technologies to harass another person by shaming, scaring, or angering them by repeatedly engaging the victim with hurtful, abusive, or threatening online content. It is illegal in most States and offending content is prohibited from originating from the services of Phobits. Any account that participates in Cyberbullying is subject to immediate closure.

Cyberbullying includes, but is not limited to, acts that target persons, child or adult, with the intent to tease into emotional distress, cause social exclusion, threaten, intimidate, stalk, incite physical violence, steal real or intellectual property, expose sexually explicit materials of a child, expose sexually explicit materials of a non consenting adult, cause religious or racial harassment or intimidation, cause public or private undue humiliation, or cause or incite destruction of property.

Cyberbullying is illegal in the State of Florida where Phobits operates its services and Cyberbullying may be illegal in your State where you access the services of Phobits. You acknowledge under these terms that either State may prosecute acts of Cyberbullying, and you may be subject to federal laws enacted to prevent Cyberbullying. Phobits protects the right to free speech but we also must protect those where speech is designed to cause them real harm.

Phobits maintains the authority over all accounts to adjudicate what constitutes acts of Cyberbullying. Phobits maintains licensed professionals who are specifically trained and experienced in what does or does not constitute Cyberbullying.

Doxxing Prohibited

Releasing the private information of another individual using Phobits is strictly prohibited. This practice is known as ‘Doxxing’, and it is strictly prohibited on Phobits. Offending parties may have their accounts immediately closed for any doxxing practices.

Age Requirement

All subscribers to the services of Phobits must be 18 years of age or older. A parent or legal guardian may subscribe to Phobits on behalf of someone under the age of 18 years of age and allow the minor to use Phobits.

If any parent or legal guardian believes a minor in their care has obtained an account with Phobits and would like to cancel that account, please fill out the Close Child Account request. Phobits respects and supports the protection of minors from online abuse.

Personal and Commercial Use

Phobits services may be used for personal and/or commercial purposes. Notice of commercial use or content is not required. Service terms, constraints, and privileges apply to all subscribers, personal or commercial, equally.

Terminating Your Use of Our Services

You may end your use of our services at any time. You may use the Close Account web page to close your account and remove all images from Phobits.

Payments for a current subscription are not refunded.

If you close your account you may request all of your content be immediately removed from our systems. If you do not choose that option, your images will remain on our systems for a period of 6 months, but no one will be able to view the content. The 6 month retention period allows you to re-establish your account if you wish to do so and your content will remain available as it was when you closed your account. If you do not re-establish your account after 6 months then your content will be permanently removed from our systems.

Phobits May Terminate Services

Phobits may terminate services at any time. Business environments may dictate Phobits terminate services. If so, no refund will be due.

Any misuse of the products or services of Phobits that causes harm to the services, systems, networks, personnel, or assets of the company may result in the termination of your services.

Subscription Account, Passwords, and Security

You are responsible for safeguarding your account credentials, including your password. Phobits cannot be held responsible for unauthorized use of your account. You are entirely responsible for any and all activities that occur under your account. You are responsible for immediately notifying Phobits of any unauthorized activity on your account. Our account security helps you to ensure that you use strong passwords, but you must do your part and keep your password secret.

Online Copyright Infringement Liability Limitation Act ("OCILLA")

Phobits is an Online Service Provider as defines by the Online Copyright Infringement Liability Limitation Act ("OCILLA").

Any person, agent, or entity that believes any content contained within Phobits is a violation of their rights may contact Phobits directly to have the offending content removed as required by law. Please see our Copyright Takedown page for information to report copyright violations.

Free Speech

Free speech is your right and Phobits will not remove content merely because someone claims to be offended. You may encounter content on Phobits that offends you but it is your responsibility to handle your emotions and understand that freedom of speech comes with the responsibility to limit your exposure to speech that you do not wish to be exposed to.

No Unlawful Use

You may not use Phobits services for any unlawful use. This includes hacking of any sort, password mining, causing disruptions of services in any way including overburdening, damaging, or disabling the Phobits network, computing systems or telecommunications systems. You agree not to use the services of Phobits to perform illegal acts such as the transmission of child pornography, Nonconsensual Pornography (revenge porn), human trafficking, disclosing the intellectual property of others without permission of the property owner, or other acts strictly prohibited by law. Phobits may terminate any account involved in such activities without refund due.

Prohibited Content

Some speech is a violation of law, and for good reason. Any content in violation applicable law will be removed. If any content is removed by Phobits, we will inform you of the removal and the reason as to why the content was removed. The following list is of content that will specifically be removed if found on Phobits.

Threats to any specific person or persons.
Child Pornography.
Adult Sexual Content.
Human Trafficking.
Content belonging to others, including copyrighted material.
Any material involving scams, pyramid schemes, or other crimes.
Information used for computer security violations.
Content in violation of International Traffic of Arms Regulations (ITAR).
Content in violation of the 1947 National Security Act.
Violations of Federal or common State laws.

Examples of Adult Sexual Content

If any content contains relations to any of the following, or anything like the following, it will be removed from Phobits.

Pornography
Escort Services
Modeled clothing that is sexual in nature
Mail order brides
Offers of 'sugar babies' and 'sugar daddies'
Sex Toys
Host and hostess clubs (Kyabakura)
Dating site content focusing on sexual encounters

Content Removal

If any content is removed from the web site by Phobits the content will be physically deleted from all operational systems. However, previous backups may continue to exist in archived media. Should any backup be restored, the content will be deleted and not placed within the operational system.

Security

Phobits will maintain best practices as much as practical to maintain the security of your content such that no unauthorized access to your content happens. While Phobits works diligently to protect your content, Phobits cannot guarantee with 100% certainty that third-parties do not defeat our security protections. We ask that if you notice any suspicious activity on your account, or any account, that you contact Phobits immediately via email at .

Limitation of Liability and Indemnity

By using the services of Phobits you agree that you are using these services at your own risk. The services of Phobits are provided on an "as is" basis and in no way provide a warranty of any kind, either expressed or implied, or for any purpose or fitness of use, that there is no expectation of commercial use or viability, and that failure of these services does not provide actionable cause of any kind.

Phobits makes no guarantee of the availability of services. Phobits reserves the right to alter, abolish, change or modify the services without notification at any time. Phobits shall not be held liable for any damages, direct or indirect, caused or supposedly caused by changes to or the use or inability to use the services of Phobits. This waiver from damages includes any consequential or direct damages from breach of contract, tort, service failure, theft, destruction, alterations, unauthorized access, use or misuse, implied threats, claimed damages that are physical or imaginary, and without consequences to other subscribers of Phobits services.

You agree to hold Phobits harmless from all claims and indemnify Phobits from all damages, including attorney and court fees, in case of actions taken in relation to the use, misuse, or non-use of Phobits services, and that the content of these services is not a property for which there can be loss should the content be altered, deleted, or unavailable. Commercial and personal users hold Phobits harmless for Phobits services that are unavailable. You further agree to indemnify Phobits from any actions caused by your misuse of these services including any Document content or violation of rights of others. You agree that the limitation of claims for damages may not exceed the actual cost paid to Phobits for services.

These Terms of Use, our Privacy Policy, and our Copyright Policy constitute the sole and entire agreement between you and Phobits regarding the Website and supersede all prior understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

While Phobits maintains backups of all content, you are personally responsible for maintaining your content, and agree that Phobits does not guarantee the availability of your content. We encourage you to maintain backups of your content to help prevent loss of your content.

These terms of use continue beyond the subscription period you may have paid.

Reselling of Services Prohibited

You agree not to resell, or offer for free, or exchange anything for the use of your account to anyone else for any reason. You agree that should you violate this agreement that your account may be closed and you may be billed accordingly for the use of our services for your commercial use.

Use of Phobits Images and Web Site Content

The use of the Phobits name and trademarks is regulated by the Phobits Trademarks & Brand Guidelines. Please review that policy for more information on how to you may or may not use the Phobits name and trademarks. Any use outside of the stated policy is strictly prohibited.

Governing Law and Jurisdiction

These terms are governed by the laws of the United States and the State of Florida. Phobits is controlled and operated within the United States. Phobits does not, and will not, contract for, use, or allow use, of any Phobits account information by anyone outside of the United States. All data and customer services are provided within the United States.

Terms of Use Subject to Change

This Terms of Use is subject to change. Should these terms change. Phobits will provide notice via email, posting of the changes to this web page, and with notification on web pages within Phobits as deemed appropriate. Changes to the Terms of Use does not constitute termination of any subscription.

Other Phobits Policies

Cookie Policy
Privacy Policy
Deceased Person Account

Last Updated on 6 September 2023