Terms Of Use

TERMS OF USE

The WriteSwap.com Acceptable Use Policy is part of your contract with WriteSwap.com.  It has been formulated with the following goals in mind:

* Ensure security, reliability and integrity of WriteSwap.com's systems and network, the systems and networks of WriteSwap.com's customers and the networks and systems of others.

* Avoid situations that may cause WriteSwap.com to incur civil or criminal liability. 

* Maintain the image and reputation of WriteSwap.com as a responsible provider.

* Preserve the value of Internet resources as a conduit for free expression.

* Encourage the responsible use of net resources, and discourage practices which degrade the usability of network resources and thus the value of Internet services.

* Preserve the privacy and security of individual users. The Acceptable Use Policy below defines those actions which WriteSwap.com considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to WriteSwap.com customers. If you are unsure whether any contemplated use or action is permitted, please send mail to payments@writeswap.com and we will assist you.

PRIVACY WriteSwap.com does not sell, trade or harvest your personal information including your email address. We respect your privacy and will never contact you unless you fill out a help request.

Notwithstanding the foregoing, WriteSwap.com may use or disclose all Information or records to satisfy any law, regulation, or other governmental request or to properly operate its Internet Service and protect itself and its Members.

DEFINITION OF TERMS Member refers to a person who receives access to WriteSwap.com sponsored websites. Internet means the World Wide Web, Electronic mail, Newsgroups, TELNET, Gopher, WAIS, File Transfer Protocol, and the like; and includes WriteSwap.com's Website. Information means text, graphics, designs, video, sound, computer programs or code, and other materials available on or through the Internet. Website means information available for display on the World Wide Web. MEMBER IS OF LEGAL AGE Member promises s/he is an individual at least 18 years of age.

PAYMENT FOR SERVICES Member agrees to pay WriteSwap.com's fees, including any sales and use taxes, in advance by major credit, debit, prepaid or charge card.  Arrears will carry an 18% APR finance charge.

DURATION OF AGREEMENT The services WriteSwap.com will provide under this Agreement are for Member's personal use, are provided AS IS and AS AVAILABLE.  That means WriteSwap.com does not promise you will be able to get on the Internet at any particular time. This Agreement shall be terminable at will.  WriteSwap.com may at any time, without notice or liability, change or eliminate any WriteSwap.com content, or restrict the use of any portion of WriteSwap.com, including limiting the time of its availability, the amount of use permitted, or which Members are permitted to use it.  Any changes or restrictions may be applied regardless of whether a multiple month Membership has been purchased or an advance payment of the monthly service fee has been made.

COMPUTER WriteSwap.com's Internet content is intended for use on a properly functioning computer or Internet appliance.  Member agrees to provide all telephone, computer, hardware and software equipment and services necessary to access the Internet.  Member agrees to either (a) be familiar with the use of the Internet, its languages, protocols, and software or (b) promptly learn the same. WriteSwap.com's RIGHT TO ACT WITHOUT WARNING If WriteSwap.com believes, in its sole discretion, in good faith, that immediate action is necessary or appropriate to maintain the value of WriteSwap.com's trademarks, or its own compliance with the law, such as (but not limited to) the Communications Decency Act or criminal statutes, WriteSwap.com may immediately block, filter, remove the Information off, or refuse to display the Information on, its Internet web site.

GENERAL CONDUCT WriteSwap.com services may only be used for lawful purposes. Receipt, downloading or distribution of any information, data or material in violation of regulation or law is prohibited. This includes, but is not limited to, copyright, trademark, trade secret, and libel laws. WriteSwap.com reserves the right to remove access from Members it suspects is doing anything illegal. The services are for Member's use, and are provided AS IS and AS AVAILABLE. Member acknowledges that the Internet is not owned or controlled by anyone; that the Internet is subject to human errors, random atmospheric and geographic interference, and acts of God.  WriteSwap.com therefore makes no guarantee that Member will be able to access any particular part of its web site at any given time.

MEMBER AGREES THAT WriteSwap.com SHALL NOT BE LIABLE TO MEMBER FOR NEGLIGENCE, RECKLESSNESS OR INTENTIONAL MISCONDUCT OF THIRD PARTIES NOR FOR WriteSwap.com's OWN NEGLIGENCE OR RECKLESSNESS. MEMBER AGREES THAT WriteSwap.com SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF INFORMATION OR PROFITS), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MEMBER PROMISES NOT TO SUE WriteSwap.com FOR PUNITIVE DAMAGES. Member 's SOLE AND EXCLUSIVE REMEDY shall be limited to the workmanlike correction, in the ordinary course of business, of WriteSwap.com's intentional errors at no charge. In the event the above "Sole And Exclusive Remedy" is not enforceable, then MEMBER AGREES THAT WriteSwap.com's LIABILITY FOR ANY PARTICULAR CLAIM SHALL NOT EXCEED THE AMOUNT MEMBER PAID WriteSwap.com FOR THE PARTICULAR SERVICE UPON WHICH THE CLAIM IS BASED, (for example, refund of the monthly fee for the month in which the claim occurred) AND MEMBER PROMISES NOT TO SUE WriteSwap.com FOR A GREATER AMOUNT.

Member is responsible for keeping billing data with WriteSwap.com up-to-date and accurate. Furnishing false data upon signup, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

The resale of WriteSwap.com services is not permitted, unless specifically authorized and documented in a written agreement.

This Agreement does not constitute a partnership or joint venture between WriteSwap.com and Member. Member is not the representative or agent of WriteSwap.com and WriteSwap.com is not the representative or agent of Member and neither will so hold itself out publicly or to any third party or incur any liability for the other, it being understood and agreed that the parties hereto are entering into this Agreement as independent contractors.

SYSTEM AND NETWORK SECURITY Members may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the Member, logging into an account the Member is not expressly authorized to access, or probing the security of other networks (such as running a SATAN scan or similar tool). Members may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. Members may not use software which sends false header information ('spoofing') to attempt to circumvent our security. Member who use such software are subject to penalty. Members may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet. Users who violate systems or network security may incur criminal or civil liability. WriteSwap.com will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Member understands that the Internet is not a secure medium.  Member assumes all responsibilities related to maintaining the security of its Information and equipment.

Member acknowledges that Information on Members computer needs protection while Member is on the Internet and thereafter.  For instance, the way Member stores files on its computer could make the Information unprotected on-line or off-line.  In the extreme, theft of the computer itself could lead to unauthorized use of Information.

Member agrees to notify WriteSwap.com promptly of any actual or suspected breach of security  or unauthorized use of its account(s).  Breach of this provision is material.

WriteSwap.com accounts are intended for use by an individual human being. Multiple concurrent logins are prohibited, and will be logged off immediately upon detection. WriteSwap.com accounts are intended for interactive use. Attempts to circumvent the 'idle daemon' or time charges accounting, or attempts to run programs while not logged in by any method, are prohibited. WriteSwap.com accounts operate on shared resources. Members are prohibited from excessive consumption of resources, including CPU time, memory, and session time. The use of resource-intensive programs which negatively impact other system users or the performance of WriteSwap.com systems or networks is prohibited, and WriteSwap.com staff may take action to limit or terminate such programs. Password security is the responsibility of the individual user. Good passwords should be a minimum of six characters long, contain at least one number or symbol, and are not based on any dictionary word or common name. Members may not share passwords or accounts with others. WriteSwap.com does not know or have a list of your password, if you have forgotten your password or need it changed, WriteSwap.com can reset your password by assigning a new one.

EMAIL Harassment, whether through language, frequency, or size of messages, is prohibited. Sending WriteSwap.com illegal, obscene, or indecent Information, or using language that is threatening, abusive, vulgar, or discourteous, is prohibited.

Members are explicitly prohibited from collecting or "harvesting" passwords of WriteSwap.com members or Internet users without their express prior permission, and from sending their own or other Members passwords to other people, web sites, newsgroups, bulletin boards or the like.

E-mail is the primary method of contact WriteSwap.com shall have with its members. Members are therefore responsible for any information contained in e-mail sent to the email address the listed in their WriteSwap.com Member signup.