Read before you build your site... 1. Authors Guild Web Hosting Service Participant Acceptable Use Policy The Authors Guild Web Hosting Service is provided to Authors Guild Web Hosting Participants ("Participants") subject to the following Terms of Service ("TOS"). From time to time, it may be necessary to update or revise certain provisions of the TOS. By becoming a Participant, you agree that the Authors Guild may change the TOS in its sole discretion, provided that it notifies Participants 30 days prior to the implementation of the change. Notice of modifications to the TOS may be given to Participants by posting notice of such changes to the Authors Guild Web site home page (www.authorsguild.org), by electronic mail, or by conventional mail. If the Participant does not agree to the changes proposed by the Authors Guild, the only available remedy shall be to cancel the Web Hosting Service. Moreover, Authors Guild Web Hosting Service reserves the right at any time to temporarily or permanently discontinue the service (or any part thereof) with notice. If the Authors Guild Web Hosting Service is discontinued, Participants will receive a refund of any portion of any fee(s) not already earned by the Authors Guild Web Hosting Service. 2. Description of Service The Authors Guild Web Hosting Service will enable Participants to create their own Web sites Web sites by manipulating various tools to create personalized content that can be easily enhanced, changed, or otherwise manipulated by the Participant (the "Service"). Such content includes, but is not limited to, descriptions of and excerpts from books and freelance articles, hosted forums, event listings, recommended external links to Web sites, and subscription-based newsletters. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new features available to Participants, shall be subject to the TOS. The Participant understands and agrees that the Service is provided "as-is" and that Authors Guild Web Hosting Service assumes no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communications or personalized settings. The Participant is responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). The Participant is responsible for those fees. In addition, the Participant must provide and is responsible for all equipment necessary to access the Service. 3. Participant Conduct All information, text, graphics, photographs, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that the Participant, and not the Authors Guild Web Hosting Service, is entirely responsible for all Content that is uploaded, posted, e-mailed, transmitted, or otherwise made available via the Service. Authors Guild Web Hosting Service does not control the content posted via the Service, and as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will Authors Guild Web Hosting Service be liable in any way for any Content, including but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Service. The Participant acknowledges and agrees that Authors Guild Web Hosting Service may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property or personal safety of Authors Guild Web Hosting Service, its users and the public. 4. Prohibited Actions By Authors Guild Web Hosting Service Participants The Participant shall not use the Service to: a. upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a Authors Guild Web Hosting Service official, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; e. upload, post, e-mail, transmit or otherwise make available any Content that the member does not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. upload, post, e-mail, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose; h. upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service, or access or attempt to access password protected secure or non-public areas of the Authors Guild Web Hosting Service Site; j. violate any applicable local, state, national or international law; k. "stalk" or otherwise harass another; or l. collect or store personal data about other users. 5. Warranty A. The Participant’s use of the Service is at his or her sole risk. The service is provided on an "as is" and "as available" basis. Authors Guild Web Hosting Service expressly disclaims all warranties of any kind. B. Authors Guild Web Hosting Service makes no warranty that i) the Service will be uninterrupted, timely, or error free, ii) the results that may be obtained from the use of the service will be accurate or reliable, and iii) the quality of any product, services, information or other material purchased or obtained by the Participant through the service will meet his or her expectations. C. Any material downloaded or otherwise obtained through the use of the service is done at the discretion and risk of the Participant, who will be solely responsible for any damage to a computer system or loss of data that results from the download of any such material. D. No advice or information, whether oral or written, obtained by you from Authors Guild Web Hosting Service or through or from the Service shall create any warranty not express in the TOS. 6. Indemnity The Participant agrees to indemnify and hold Authors Guild Web Hosting Service, its affiliates, officers, agents or other partners and employees, completely harmless from any claim or demand, including reasonable attorney’s fees and court costs, made by any third party due to or arising out of Content submitted, posted, transmitted or otherwise made available through the Service by the Participant, the Participant’s use of the Service, the Participant’s connection to the Service, the Participant’s violation of the TOS, or the Participant’s violation of any rights of another. 7. Participant Account, Password and Security The Participant will receive a password and account designation upon completing the Service’s registration process. The Participant is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities that occur under the password or account. The Participant agrees to (a) immediately notify Authors Guild Web Hosting Service of any unauthorized use of a password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Authors Guild Web Hosting Service cannot and will not be liable for any loss or damage arising from the Participant’s failure to comply with this Section 6. 8. Options, Charges and Billing The Participant hereby agrees to remain an Authors Guild member in good standing for the entire term of this agreement. Should the Participant fail to maintain his or her Authors Guild membership, the rights under this agreement shall be immediately terminable by the Authors Guild Web Hosting Service. The Participant also hereby agrees to pay all applicable fees incurred in connection with the Authors Guild Web Hosting Service Account and the service chosen. It is the Participant’s responsibility to notify Authors Guild Web Hosting Services if you wish to make changes to your service or your service is interrupted. Until notice has been received, you will be charged for the services rendered, even if such service has bee interrupted. All fees shall be paid in U.S. Dollars. Fees are set forth in Schedule A to this Agreement. There are three Tiers of Web Hosting Plans available to Authors Guild Web Hosting Service Participants. There is a $75.00 sign up fee for each tier. Fees are subject to change on 30 days’ e-mail notice to Participants. 9. Links The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Authors Guild Web Hosting Service has no control over such sites and resources, the Participant acknowledges and agrees that Authors Guild Web Hosting Service is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. The Participant further acknowledges and agrees that Authors Guild Web Hosting Service shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 10. Termination The Participant agrees that Authors Guild Web Hosting Service, in its sole discretion, may terminate a Participant’s password, account (or any part thereof), or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, if Authors Guild Web Hosting Service believes that the Participant has violated or acted inconsistently with the letter or spirit of the TOS. Authors Guild Web Hosting Service may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. The Participant agrees that any termination of access to the Service under any provision of this TOS may be effected without prior notice, and acknowledges and agrees that Authors Guild Web Hosting Service may immediately deactivate or delete an account and all related information and files in an account and/or bar any further access to such files or the Service. Further, the Participant agrees that Authors Guild Web Hosting Service shall not be liable to the Participant or any third-party for any termination of access to the Service. 11. No Resale of Service The Participant agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. 12. General Practices Regarding Use and Storage The Participant acknowledge that Authors Guild Web Hosting Service may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that e-mail messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of e-mail messages that may be sent from or received by an account on the Service, the maximum size of any e-mail message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on Authors Guild Web Hosting Service’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that Authors Guild Web Hosting Services has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that Authors Guild Web Hosting Service reserves the right to log off accounts that are inactive for an extended period of time. The Participant further acknowledges that Authors Guild Web Hosting Service reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. 13. Copyright Infringement If a Participant believes that his or her work has been copied in a way that constitutes copyright infringement, or his or her intellectual property rights have been otherwise violated, please provide Authors Guild Web Hosting Service with the following information: a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; b. a description of the copyrighted work or other intellectual property that you claim has been infringed; c. a description of where the material that you claim is infringing is located on the site; d. your address, telephone number, and e-mail address; e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. 15. GENERAL INFORMATION The TOS constitute the entire agreement between the Participant and Authors Guild Web Hosting Service and governs such use of the Service, superseding any prior agreements between the Participant and Authors Guild Web Hosting Service. The Participant also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Authors Guild Web Hosting Service shall be governed by the laws of the State of New York without regard to its conflict of law provisions. The failure of Authors Guild Web Hosting Service to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. 16. Headers The section titles in the TOS are for convenience only and have no legal or contractual effect. Schedule A: Fees Budget For a $36.00 annual fee or $3 monthly fee, which shall be billed annually, Participants who select the Budget Service Plan can create a single web page, which includes editable text of limited length and a single image, which the author must upload or change. The Participant will receive an e-mail account that includes one mailbox. The Participant may include on the simple page, link(s) to external Web locations, such as online bookstores or subject sites. GuildNet 10 For a $72 annual fee or $6 monthly fee, which shall be billed quarterly, the GuildNet 10 Service Plan allows for Participants to create multiple pages that may be organized into subsections provisionally titled "Bio," "My Works," "Discussion," "Newsletter," and "Events." A maximum of 10 works (books excerpts, articles, etc.) can be listed. These pages may be accessed from the main page ("home page"), and may contain text and images that the Participant has uploaded. The Participant may edit the pages at any time. The Participant will receive an e-mail account that includes up to 3 mailboxes. The Participant may include links to external Web locations, such as online bookstores or subject sites. GuildNet 50 For a $108 annual fee or $9 monthly fee, which shall be billed quarterly, the GuildNet 50 Service Plan allows for Participants to create multiple pages that may be organized into subsections provisionally titled "Bio," "My Works," "Discussion," "Newsletter," and "Events." A maximum of 50 works (books excerpts, articles, etc.) can be listed. These pages may be accessed from the main page ("home page"), and may contain text and images that the Participant has uploaded. The Participant may edit the pages at any time. The Participant will receive an e-mail account that includes up to 10 mailboxes. The Participant may include links to external Web locations, such as online bookstores or subject sites.