The Authors Guild, Inc. will make available for purchasex to all Authors Guild members access to the Authors Guild Website Hosting Service (the “Service”), which is comprised of i) the Sitebuilder Service and ii) the Hosting Only Service. The Service is provided to Authors Guild Website Hosting Participant(s) (“Participant(s)”) subject to the following Terms of Service (“TOS”). All Participants must agree to the following terms and conditions. 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 Participants are notified 30 days prior to the implementation of any proposed change. Notice of modifications to the TOS may be given to Participants by posting notice of such changes to the Authors Guild Website Hosting Service 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 Participant agrees that his or her only available remedy shall be to cancel the Service. Moreover, the Service reserves the right at any time to temporarily or permanently cease operations with reasonable notice. If the Service is discontinued, Participants will receive a partial refund of the proportionate fee not yet incurred from their use of the Service.
The Service offers the following types of hosting options:
Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new features available to Participants, shall be subject to these TOS. Participants understand and agree that the Service is provided “as-is” and that the Service assumes no responsibility for the timeliness, deletion, non-delivery, or failure to store any user communications or personalized settings.
Participants are responsible for obtaining access to the Service; that access may involve third party fees (such as Internet service provider or airtime charges). Participant is responsible for those fees. In addition, Participant must provide, and is responsible for, all equipment necessary to access the Service.
The Authors Guild requires that all Participant websites focus primarily on Participant's literary work(s). All information, text, graphics, photographs, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person posting or transmitting such Content. This means that Participant, and not the Authors Guild, is entirely responsible for all Content that is uploaded, posted, emailed, transmitted, or otherwise made available via the Service. The Authors Guild does not monitor or otherwise control the content posted on a Participant's website, and accordingly, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will the Authors Guild or any of its affiliate or employees 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, emailed, transmitted or otherwise made available via the Service. Participant acknowledges and agrees that the Authors Guild may preserve Content and may also access or 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 the Authors Guild, its users and the public.
The Authors Guild asserts no ownership rights in Participant's Content.
Participants will use the Service in a manner consistent with all applicable State and Federal laws. The Authors Guild will make no effort to control, monitor or restrict the content of data other than as necessary to provide the Service. If any of the activities referenced in Paragraph 4 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.
Although The Authors Guild maintains strict confidentiality on Participant's 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 orders, subpoenas, discovery requests, warrants, statutes, regulations 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.
Participant shall not use the Service to:
Participant acknowledges that the Authors Guild owns all right, title and interest in and to the intellectual property (including, without limitation, all copyrights, trademarks, trade dress and trade secrets) underlying SBS (the “Authors Guild SBS Software”). Authors Guild SBS Software is protected by U.S. and international intellectual property laws. Participant agrees not to reproduce or alter the Authors Guild SBS Software, nor shall Participant create derivative works of Authors Guild SBS Software. Participant also agrees not to use any robot, spider, other automated device, or manual process to reproduce or alter the Authors Guild SBS Software, nor shall Participant use such devices or processes to create derivative works of Authors Guild SBS Software.
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 not to upload or post to the Service any content that would 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 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 100 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.
You agree that the Authors Guild will not be responsible for any losses that may occur if and when the Service is accessed by third-partie(s) 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 Service or in the Authors Guild's equipment used to provide the Service.
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 Service, 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 &ldqou;as is” and &ldqou;as available” basis. The Authors Guild expressly disclaims all warranties of any kind.
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 Participant, Participant's use of the Service, Participant's connection to the Service, Participant's violation of the TOS, or Participant's violation of any rights of another.
Participant will receive a password and account designation upon completing the Service's registration process. 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. Participant agrees to (a) immediately notify the Service of any unauthorized use of a password or account or any other breach of security, and (b) ensure that he or she exits from his or her account at the end of each session. The Service cannot and will not be liable for any loss or damage arising from Participant's failure to comply with this section.
Participant hereby agrees to remain an Authors Guild member in good standing for the entire term of this agreement. Should Participant fail to maintain his or her Authors Guild membership, the rights under this agreement shall be immediately terminable by the Service. Participant also hereby agrees to pay all applicable fees incurred in connection with the Service Account and the Service utilized. It is Participant's responsibility to notify the Service if Participant wishes to make changes to his or her Service or if his or her Service is interrupted. Until notice has been received, Participant will continue to be charged for use of the Service, even if such has been 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 SBS Participants. There are two tiers of Web Hosting Plans available to HOS Participants. There is a $75.00 sign-up fee for each service. Fees are subject to change on 30 day email notice to Participants.
Payment Obligations: Full payment is required in advance,before any 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 or annual 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. All cancellations must be received in writing as per the deadlines indicated; regular mail, email and fax notifications are acceptable. Phone requests will not constitute acceptance of any cancellation.
The Service may provide, or third parties may provide, links to other World Wide Web sites or other Internet resources, including, but not limited to, streaming/downloading audio or video. Because the Service has no control over such sites and resources, Participant acknowledges and agrees that the 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. Participant further acknowledges and agrees that the 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.
Participant agrees that the Service, in its sole discretion, may terminate 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 Service believes that Participant's website does not primarily focus on the Participant's literary work or Participant has otherwise violated or acted inconsistently with the letter or spirit of the TOS. The Service may also, in its sole discretion and at any time, discontinue providing the Service, or any part thereof, with or without notice. 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 the 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, Participant agrees that the Service shall not be liable to Participant or any third party for any termination of access to the Service.
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.
Participant acknowledge that the Service may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, message board postings or other uploaded Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on the Service's servers on Participant's behalf, and the maximum number of times (and the maximum duration for which) Participant may access the Service in a given period of time. Participant agrees that the Service 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. Participant acknowledges that the Service reserves the right to delete accounts that are inactive for an extended period of time. Participant further acknowledges that the Service reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
The Authors Guild will not be liable for failure or delay in performing its 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.
Participant will not have the right to assign this Agreement without the prior written consent of The Authors Guild.
The TOS constitutes the entire agreement between Participant and the Service and governs such use of the Service, superseding any prior agreements between Participant and the Service. Participant may also be subject to additional terms and conditions that may apply when he or she uses affiliate services, third-party content or third-party software. The TOS and the relationship between Participant and the Service shall be governed by the laws of the State of New York without regard to its conflict of law provisions. The failure of the 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.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Tier 1: For a $60.00 annual fee ($5 monthly fee), which shall be billed annually, Participants who select the Tier 1 Service Plan can create a single web page, which includes editable text of limited length and a limited number of images, which the author must upload or change. Participant will have the option of maintaining an email address provided by Authors Guild Web Services staff. Participant may include on the simple page, link(s) to external Web locations, such as online bookstores or subject sites.
Tier 2: For a $9 monthly fee, which shall be billed quarterly, the Tier 2 Service Plan allows for Participants to create multiple pages that may be organized into subsections provisionally titled “Welcome,” “Biography,” “My Works,” “Blog,” “Newsletter,” and “Events.” A maximum of 10 works (books excerpts, articles, etc.) can be listed, each linking to a separate feature page. These feature pages may be accessed from the main page (“home page”), and may contain text and images that the Participant has uploaded. Participant may edit the pages at any time. The Participant will have the option of maintaining up to 3 email addresses provided by Authors Guild Web Services staff. Participant may include links to external Web locations, such as online bookstores or subject sites.
Tier 3: For a $12 monthly fee, which shall be billed quarterly, the Tier 3 Service Plan allows for Participants to create multiple pages that may be organized into subsections provisionally titled “Welcome,” “Biography,” “My Works,” “Blog,” “Newsletter,” and “Events.” A maximum of 50 works (books excerpts, articles, etc.) can be listed, each linking to a separate feature page. These feature pages may be accessed from the main page (“home page”), and may contain text and images that the Participant has uploaded. Participant may edit the pages at any time. Participant will have the option of maintaining up to 10 email addresses provided by Authors Guild Web Services staff. Participant may include links to external Web locations, such as online bookstores or subject sites.
Standard: For a $9 monthly fee, which shall be billed quarterly, the Standard hosting option allows 500 MB of disk space and 10 GB of traffic. 3-user limit. 36,000 queries/user per hour and 3,600 connections per hour. Participant will have the option of maintaining up to 3 email addresses provided by Authors Guild Web Services staff.
Premium: For a $12 monthly fee, which shall be billed quarterly, the Premium hosting option allows 1000 MB of disk space and 50 GB of traffic. 3-user limit. 36,000 queries/user per hour and 3,600 connections per hour. Participant will have the option of maintaining up to 10 email addresses provided by Authors Guild Web Services staff.