By my reading "yes" it is infringement unless the poster has received permission from the photo owner.
TOS:
9. COPYRIGHT COMPLAINTS
9.1. Astromart respects the intellectual property of others, and we ask our users to do the same. Astromart may, in appropriate circumstances and at its sole discretion, terminate the access of users, subscribers, sponsors, advertisers, and account holders who infringe the copyright rights of others.
9.2. If you believe that your work has been copied and is accessible on the Astromart™ Service in a way that constitutes copyright infringement, or that any material posted on the Service contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify Astromart by providing its designated copyright agent the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. sec. 512.
9.3. Astromart’s™ agent for notice of claims of copyright infringement on or regarding this Web site can be reached as follows:
By mail:
Astromart
9969 Padilla Heights Road
Anacortes, WA 98221
By facsimile:
(360) 588-9100
By email:
[email protected] WHAT NEEDS TO BE PROVIDED (per DMCA):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
