The Authors Guild Website Hosting Service is provided to Authors Guild Website Hosting Participants ("Participants") subject to the following Terms of Service ("TOS"), which constitute an agreement between Participants and the Authors Guild. By using the Service, you agree to the following terms and conditions. PLEASE READ THIS TOS CAREFULLY.

From time to time, it may become 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 10 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 home page (www.authorsguild.org), the Authors Guild Web Services home page (www.authorsguild.net), 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 participation in the Service (as hereafter defined). Moreover, Authors Guild reserves the right at any time to temporarily or permanently discontinue the service (or any part thereof) upon notice. If the Authors Guild discontinues the Service, Participants will receive a refund of any portion of any fee(s) paid not already incurred for the Service.

2. Description of Service

The Authors Guild Website Hosting Service will rent Internet server space to Participants for the purpose of allowing Participants to provide internet content to the general public. The Services allow Participants to maintain internet websites, receive and maintain e-mail accounts, and access web space via FTP to upload files for their websites. 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 Use of Services

Disk Space and Participant Content: The Service offers 500 MB of space in its Standard Package and 1000 MB in its Premium Package. We reserve the right to not host any website that consumes over 1000 MB disk space. Each package has a 15,000-file limit. Accounts are to be used by the primary owner only. Account holders are not permitted to resell web-hosting services of their website to other parties. Participant agrees that web pages and files uploaded to our servers will not violate any state, federal or foreign laws or regulations; infringe on any intellectual property rights of the Authors Guild or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to The Authors Guild or any third party. Participants may not run IRC bots or clients.

Bandwidth Usage: The Standard Package allows 10 GB of data transfer per month. The Premium Package allows 50 GB of data transfer per month. Bandwidth will be calculated monthly. Sites that use more than 100 GB in 30 days may automatically be disabled.

Excessive Resource User Policy: Resources are defined as bandwidth and/or processor utilization. A website is considered to be using "Excessive amounts of resources" when it monopolizes the resources available by using 10% or more of system resources for longer than 60 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, PHP, FTP, HTTP, etc. A site that consumes more than 6 GB of bandwidth in a month is also considered to be using "excessive resources." This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. We reserve the rights to suspend or terminate any hosting account that we feel is jeopardizing our network. The Authors Guild will be the sole and final arbiter as to what constitutes a violation of this policy.

MySQL: There is a one-time setup fee of $10 per database. 3-user limit. 36,000 queries/user per hour and 3,600 connections per hour.

4. Participant Conduct

Participants will use the Service in a manner consistent with all applicable State and Federal laws. The Authors Guild will make no effort to edit, control, monitor or restrict the content of data other than as necessary to provide the Service. If any of the activities referenced in Paragraph 5 below are committed, the Authors Guild may immediately terminate Participant's account(s) without notice. The Authors Guild will be the sole and final arbiter as to what constitutes a violation of the terms and conditions of this TOS Agreement.

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.

Although The Authors Guild maintains strict confidentiality on Participants' information, there are certain exceptions in which The Authors Guild may disclose information in its possession, including but not limited to information about the Participant's internet transmissions and website activity in order to comply with court order, subpoena, discovery request, warrant, statute, regulation or official governmental requests. The Authors Guild has no obligation to notify Participant about whom the information is sought or that The Authors Guild has provided the information. Participant acknowledges the above exceptions and agrees to them without reservation.

5. 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," "bulk" email, newsgroup spam, "warez", "cracks" or software serial numbers, 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 any Authors Guild Web 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.

False Information: False Information. Participant agrees not to post false or inaccurate information to news groups in violation of the news groups' rules and regulations. If any news groups or service providers contact The Authors Guild concerning unethical, false or unlawful activities by a Participant, The Authors Guild reserves the right to terminate that Participant's Service without notice.
Licensed Software Only: Participant agrees to use only properly licensed third party software in connection with Participant's use of the Services.

6. Disclaimer of Warranties
The Authors Guild does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Participant is solely responsible for independent backup of data stored on Providers server and network.

Participant agrees to use the Services and any information obtained through or from the Authors Guild at Participant's own risk. You acknowledge and agree that The Authors Guild exercises no control over, and accepts no responsibility for, the content of information passing through The Authors Guild's host computers, network hubs, points of presence or the Internet. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS. The Authors Guild MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES IT PROVIDES. The Authors Guild MAKES NO WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR WILL BE ERROR-FREE OR THAT ANY RESULTS OBTAINED FROM THE USE OF SERVICES IS ACCURATE AND RELIABLE. The Authors Guild EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM PARTICIPANT OR STORED BY PARTICIPANT OR ANY OF PARTICIPANT'S PARTICIPANTS VIA THE SERVICES PROVIDED BY The Authors Guild. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY ANY The Authors Guild PERSON WILL CREATE ANY WARRANTY OR MAY YOU RELY ON SUCH INFORMATION OR ADVICE. The terms of this Paragraph will survive any termination of this Agreement.

The Authors Guild is not responsible for any interruption in service or down time that may occur, whether due to external network disruptions or negligence of The Authors Guild. This includes loss of data resulting from delays, non-deliveries, wrong delivery, equipment failure and any and all other service interruptions caused by The Authors Guild.

7. Limitation of Liability

You agree that The Authors Guild will not be responsible for any losses that may incur where Services are accessed by third-parties through illegal or otherwise unauthorized means, including but not limited to situations where data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to The Authors Guild at the time) which may exist in the Services or in The Authors Guild's equipment used to provide the Services.

Under no circumstances will The Authors Guild be liable for any consequential, indirect, incidental, special or punitive damages, or loss of profits, revenue, data or use by Participant, any of its customers, or of any other third party, whether in an action in contract or tort or strict liability or other legal theory. The Authors Guild will not be liable to Participant, any of its customers, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to The Authors Guild's records, programs, equipment or services.

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. The Authors Guild expressly disclaims all warranties of any kind.

B. The Authors Guild 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.

The terms of this Paragraph will survive any termination of this Agreement.

8. Indemnity

The Participant agrees to indemnify and hold the Authors Guild, 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.

9. 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 the Authors Guild 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. The Authors Guild cannot and will not be liable for any loss or damage arising from the Participant's failure to comply with this Paragraph 9.

10. 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. 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 such notice has been received, Participant will be responsible for charges incurred for the Service rendered, even if such Service has been interrupted. All fees shall be paid in U.S. Dollars. Fees are set forth in Schedule A to this Agreement.

11. Payment Obligations, Renewals, and Cancellations

Payment Obligations: Full payment is required in advance, before hosting service is established. You grant the Authors Guild the right to debit the credit card or account you provided on the Order Form for services you signed up for on a quarterly basis, until such service is cancelled by you or the Authors Guild according to terms of this Agreement. You warrant and represent that the information you supply in the Order Form (or other information that the Authors Guild may require) is accurate and truthful. All payment-due notices will be sent by electronic mail. No bills or invoices will be sent by postal mail or fax. If payment is not received by the renewal date, your account will be terminated. Once your account is terminated, you will need to pay for the set up fee and the monthly fees to reopen the account.
Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to the Authors Guild fifteen (15) days before the renewal date that you do not wish to renew such account. Promotions are not included in renewals.
Cancellation: participants may cancel at anytime, but will be obligated to pay all fees and charges accrued prior to the effectiveness of the cancellation. Accounts that are terminated by the Authors Guild will not receive any refund. All cancellations must be received in writing as per the deadlines indicated; regular mail, e-mail and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation.

12. Links

The Authors Guild, Participants, or third parties may provide links to other Internet web sites or resources. Because the Authors Guild Web has no control over such sites and resources, the Participant acknowledges and agrees that the Authors Guild 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 the Authors Guild 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.

13. Termination

The Participant agrees that the Authors Guild, 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 the Authors Guild 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.

14. 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.

15. 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.

16. General Provisions

The TOS constitute the entire agreement between the Participant and the Authors Guild for Web Site Hosting Services and governs the use of the Service, superseding any prior agreements between the Participant and the Authors Guild for Web Site Hosting Service. The Participant also may be subject to additional terms and conditions that may apply when Participant uses affiliate services, third-party content or third-party software. The TOS and the relationship between Participant and the Authors Guild for the Service shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Both parties will submit to personal jurisdiction in New York. The failure of the Authors Guild to exercise or enforce any right or provision of this 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 shall remain in full force and effect.

17. Force Majeure
The Authors Guild will not be liable for failure or delay in performing it obligations if such failure or delay is due to circumstances beyond its reasonable control, including but not limited to acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.

18. No Assignment.

Participant will not have the right to assign this Agreement without the prior written consent of The Authors Guild.

19. Entire Agreement; Competence to Enter Agreement

This Agreement represents the entire agreement between the parties, and supersedes all previous representations, understandings or agreements
Participant hereby represents that he, she or it, is either an individual entering this Agreement for his or her personal use and is over 18 years of age, or is a corporation other legal corporate entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Participant is duly authorized to accept, execute and deliver this Agreement on behalf of Participant.

20. Headers

The section titles in the TOS are for convenience only and have no legal or contractual effect.