Liability for public image hosting

This is sort of a branch off from another thread I made, when I was refered here (http://forums.devshed.com/t196981/s.html).

Basically, I want a public uploader. You just go to the website, choose the file you want, and it uploads it. The owner of www.postfarm.net/uploads was willing to help me get one set up. But, as you can see, there's PLENTY of disturbing images on that uploader.

My concern was, if I duplicated this and someone uploaded something illegal, (IE Child Pornograph) would I be held responsible?

I'd really like something easy for my friends and me to use with out having to hassle with having to register stuff. However, knowing the internet, it'll probably get passed around in some form or fashion.

Like I always say, better safe than sorry, but am I being too concerned about something that won't affect me?

With that type of setup, I would firstly make it clear in the Terms of Use document that illegal images (such as child porn, ...) are not permitted for upload. In the ToU, include a clause about 'any uploaded images that are deemed illegal or inappropriate according to these terms will be removed ... '

Make the visitors sign up (name, email etc.) and agree to the Terms of Use.

Store the uploaded files in a non-public directory so that they can be checked and 'passed for public use' by a person (yourself or employee). If OK, transfer the file to a public directory. If it is a heavy-traffic site, then that may be difficult though.

And to be on the safe side, check with a lawyer. The suggestions above are really only to minimise problems. But you will need to be absolutely sure that you won't be held liable for having illegal content on your site as a result of someone else uploading such content.