TERMS AND CONDITIONS   Today's Submissions

 

This Agreement is between "Creative Writers Network, LLC.", a Texas Corporation and the party specified in the "Contracts". Such party shall be referred to herein as the "Customer" and shall enter into this Agreement by clicking on the submit button of the electronic Contract or by faxing, mail or otherwise transmitting the Contract to Creative Writers Network, LLC.

For good and valuable consideration, the parties agree as follows:

 

 1 – AUTHORIZATION

 

By signing our contracts, you acknowledge and agree that the prices, specifications, and conditions are satisfactory and are hereby acceptable to you; and that Creative Writers Network, LLC. is hereby authorized to perform the work as specified; and that you have read the terms and conditions; and that you hereby agree and accept the terms and conditions. 

By submitting to the agreement of our term and conditions, you hereby authorize Creative Writers Network, LLC. to charge your credit card or term account for all additional products and services, which result from your request to change the scope of the work to be performed by Creative Writers Network, LLC. on your behalf. 

Also by submitting to the agreement of our term and conditions, you hereby acknowledge and agree that if you are ever in default of payment to Creative Writers Network, LLC., then Creative Writers Network, LLC. shall have the right to de-activate your services, and Creative Writers Network, LLC. shall not be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that results or have alleged to have resulted from such de-activation. In addition, once you are no longer in default and your account is brought current, Creative Writers Network, LLC. shall have the right to charge you a re-activation fee to re-activate your web site.

 

 2 - SERVICES

 

Creative Writers Network, LLC. will provide web space for authors work and authors profile page, website promotion, and/or related services described in the plan selected by Customer from Creative Writers Networks, LLC. then published list of services offered. 

The specific plan of Services to be provided initially to Customer shall be as selected in the Order Form and thereafter as established through correspondence between Customer and Creative Writers Network, LLC.

 

 3 – SUPPORT


Creative Writers Network, LLC. will provide to Customer standard technical support free of charge with no time or call frequency limit for issues related to our products associated with normal operation of Customer's website or service. 

Customer may request additional support for items not covered by Standard Support, which would be billed at a specified hourly rate determined solely by Creative Writers Network, LLC.

 

 4 – TERM

 

The initial term of this Agreement shall be as stated in the Product selection. The Initial Term shall begin upon commencement of Service to Customer, provided, however, no Service shall commence unless and until Creative Writers Network, LLC. receives and accepts payment in full for Services to be rendered during the Initial Term.


Creative Writers Network, LLC. reserves the right to reject membership for any or no reason.

After the Initial Term, unless otherwise agreed to by the parties, this Agreement shall automatically terminate. Customer may renew upon notification up to 30 days prior to renewal date without account de-activation. Renewal fees are subject to the current published fee schedule.


The Initial Term plus all successive renewal periods during which Service is provided shall be collectively referred to as the "Term".

 

 5 - TERMINATION, CANCELLATION, DE-ACTIVATION AND RE-ACTIVATION

 

This Agreement may be terminated: 

(1) by the Customer at any time, without cause; 

(2) by Creative Writers Network, LLC., without cause, by giving the other party 1 days prior notice; 

(3) by Creative Writers Network, LLC., at any time, upon 15 days' prior notice if in the sole judgment of Creative Writers Network, LLC., Customer breaches any material provision of this Agreement and has not cured same by the end of the 10 days; 

(4) by Creative Writers Network, LLC. at any time in the event of nonpayment by Customer and 

(5) by Creative Writers Network, LLC., at any time, without notice, if, in Creative Writers Network, LLC.'s sole judgment, Customer is in violation of any terms or conditions of Creative Writers Network, LLC.'s Service Usage Policy. If cancellation is due to your abuse of our policies, there will be no refund. 

In the event Customer's account is terminated for cause, all files and data belonging to Customer will be permanently deleted upon termination without the possibility of recovery. 

If a Customer voluntarily terminates his/her account, Creative Writers Network, LLC. agrees to reimburse that Customer the unused portion of the pre-paid service within 30 days of the initial valid cancellation notice. Partial month refunds are not issued. 

A cancellation notice shall only be deemed valid if sent to
billing@creativewritersnetwork.com. Customers residing outside of the U.S. shall only have their refund applied to a major credit card (currently Visa, MasterCard, American Express or Discover). 

If a Customer's account is terminated for cause, refund will be issued at the sole discretion of Creative Writers Network, LLC.. Creative Writers Network, LLC. reserves the right to modify its refund policy at any time in accordance with current market conditions.

De-Activation of service does not necessarily imply termination of this Agreement and Services. Charges will continue to accrue as if no De-Activation had occurred.

 

 6 - PAYMENTS, FEES AND REFUNDS

 

All fees for Services rendered or provided to Customer shall be in accordance with Creative Writers Network, LLC.'s fee schedule published at: 

Creative Writers Network, LLC. Services 

https://www.creativewritersnetwork.com/member_signup.php

We provide the service of being able to pay for your purchases via Visa, MasterCard, Discover Card, American Express, Debit Cards, Company Check and Money Order. Please do not send cash. Your payment via credit card shall be done at your own risk. Creative Writers Network, LLC. shall protect your credit card number within its business office. However, Creative Writers Network, LLC. shall not be liable for any unauthorized use of your credit card by persons other than Creative Writers Network, LLC., or its officers and employees. 

Under no circumstances shall Creative Writers Network, LLC. or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages that result or have alleged to have resulted from the unauthorized use of your credit card by persons other than Creative Writers Network, LLC., or its officers and employees. 

All credit card charges will appear as Creative Writers Network, LLC. on your bank card statement. 

 

If you feel more secure with sending us your payment via check or money order offline, we have provided a way to do that via the U.S. Mail (see address below). 

All sales must be paid in U.S. Dollars. 

All sales are final unless otherwise specified. 

All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of Creative Writers Network, LLC.) shall be paid by Customer. 

Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period and 30 days prior.

Payment by Mail Address:

Creative Writers Network, LLC.
ATTN: Accounts Receivable 
P.O. Box 296024
Lewisville, TX 75029-6024

 

 7 - CREDIT CARD CHARGE BACKS

 

In the event a Customer disputes our charge with their bank or credit card company for any reason resulting in a charge back to us, we shall immediately De-Activate account along with all web pages and e-mail messages without notice. A charge back fee of up to $25.00 will be posted to your account. In addition to a charge back fee you will also be responsible for the actual charge disputed amount and a Re-activation fee.


If charge back is intentional we shall immediately terminate and delete the Customer's web pages and e-mail messages without notice. All future account activations will be denied.

 

 8 - FRAUD

 

Fraud orders are unacceptable and cost all of us plenty. With that in mind, prior to charging your credit card for purchases we may require a card holder signature for verification. If requested and we do not receive your signed, faxed contract within 24 hours of your submission your contract will be void and reported as a fraudulent charge to Visa/MasterCard/Discover/American Express.

 

If you choose not to fax a contract because you have changed your mind please notify us via email at billing@creativewritersnetwork.com within 24 hours.

 

 9 - CUSTOMER'S RESPONSIBILITY AND CONTENT

 

Creative Writers Network, LLC. will exercise no control whatsoever over, nor have any responsibility or liability whatsoever for, the content of the information passing through its network. Creative Writers Network, LLC. shall make no effort to validate any information passing through its network for content, correctness, usability or for any other reason. Furthermore, Creative Writers Network, LLC. shall not be held responsible for maintaining backups of Customer's data in the event of loss or corruption, and Customer accepts sole responsibility for maintaining any such backups. (We do run daily back-ups of your website and applications, you are ultimately responsible to maintain a current copy of your site other than the one on our server).

 

 10 - BROWSER COMPATIBILITY STATEMENT

 

This website and all the sites we provide are designed to work best with Microsoft's® Internet Explorer™, using version 4.0 or higher. Some areas of some of our websites are designed for use only with Microsoft's® Internet Explorer™, using version 4.0 or higher and not for use with Netscape Navigator or any non IE browser type.


The use of cookies is necessary to view this website and/or license a website from us. Please be sure you have cookies enabled in your browser's preferences. 


AOL and Page Refresh Issues: America Online uses a proxy cache to deliver web pages through the AOL browser. This may cause problems when trying to view recent changes to your website. When connecting to the Internet with AOL, we recommend you use a separate Web browser for viewing changes that are taking place on your site during construction of changes. 


AOL and Image Compression: America Online compresses images before they reach your computer to save on download time. This means of reducing the load on their network may degrade images found on most web pages. This feature is "on" by default, but here are instructions to turn image compression off. 


There may be minor differences in how to correct this problem in various versions of AOL's software. The basic procedure is:

 

(1) Choose "My AOL" on the icon bar across the top of the window. 

 

(2) Select "Preferences". 

 

(3) Click the "WWW" icon. 

 

(4) Click the "Web Graphics" tab. 

 

(5) Uncheck "Use Compressed Graphics". 

 

(6) Click "OK".


You should also delete your browser's cache (previously viewed pages/images):

 

(1) Choose "My AOL" on the icon bar across the top of the window. 

 

(2) Select "Preferences". 

 

(3) Click the "WWW" icon. 

 

(4) Click the "Empty Cache Now" button on the bottom right of the window.

 

If there is no "Empty Cache Now" button:

 

(1) Select the "Advanced" tab. 

 

(2) In the section labeled "Temporary Internet files," click "Settings..." 

 

(3) Click the "Empty Folder..." or "Purge Cache" button once. 

 

(4) Click "Yes" once to empty the folder and remove previously viewed files. 

 

(5) Click "OK" to close the two windows. 

 

(6) Close the "Preferences" window. 


You may have to quit and restart AOL for the above changes to take effect.

 

 11 - PROHIBITED USAGE

 

Customer shall not use Creative Writers Network, LLC.'s Services in violation of Creative Writers Network, LLC.'s "Terms of Service Policy".

 

 12 - DISCLAIMER AND INDEMNIFICATION

 

Customer agrees to use the contents in this website at Customer's own risk. 

Creative Writers Network, LLC. shall not be held liable in any way for any improper or incorrect use of the contents in this website. 

Creative Writers Network, LLC. specifically disclaims all warranties of any kind, including, without limitation, the warranty of merchantability and fitness for a particular purpose, whether expressed or implied, regarding the use of this website or it's services.


Creative Writers Network, LLC. is not responsible or liable for the content of links to other sites, or sites linking to us and does not endorse either. 

Creative Writers Network, LLC. is not responsible or liable for any types of viruses or issues arising from viruses or malfunctioning computer code because of viruses. 

Submitting your worksheet/order form over the Internet is done at your own risk and discretion. Creative Writers Network, LLC. has no liability if parties other then Creative Writers Network, LLC.'s officers and employees obtain the contents of your submission.


Under no circumstances, including negligence, shall Creative Writers Network, LLC. or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages (including without limitation, damages for loss of business profits, business interruption, loss of business information or any other pecuniary loss), that result or have alleged to have resulted from the use of or inability to use this website or its services; or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, 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 this website. Creative Writers Network, LLC. further shall have no responsibility whatsoever to you or any third party for the accuracy or quality of information obtained through or in connection with this website or any of its services. 

Customer shall defend, indemnify, save and hold Creative Writers Network, LLC. harmless from any and all damages, demands, liabilities, losses, costs and claims, including, without limitation, reasonable attorneys' fees, compensatory damages, punitive damages, trebled damages, and statutory damages asserted against Creative Writers Network, LLC., its officers and employees, that may arise or result from this website or it's services.


Notwithstanding the above, Customer's exclusive remedies for all damages, losses, costs or causes of actions from any and all claims, whether in contract, quasi-contract, statutory, tort including negligence, or otherwise, shall not exceed the aggregate dollar amount which Customer paid during the twelve (12) months immediately preceding the claim or the term of this Agreement, whichever is less. 

Duplicating or copying any content from this or any Creative Writers Network, LLC. website that we create is a direct violation of copyright law. Unauthorized copying, distribution or use is strictly prohibited without written consent from copyright holder. 

All design, functionalities, applications are owned by Creative Writers Network, LLC. and are subject to copyright protection. ©Creative Writers Network, LLC.. All rights reserved. 

All other copyrights remain property of their respective owners. We reserve the right to revise our terms and policies at any time.

 

 13 - GOVERNING LAW

 

This Agreement, and the performances due hereunder, shall be construed and governed in accordance with the laws of the State of Texas. Venue for purposes of any court action shall be in Denton County, Texas. As such, all claims concerning this Agreement shall be brought exclusively in the State or Federal courts located in Denton County, State of Texas. The parties hereby consent to submit to the jurisdiction of such courts located in Denton County, State of Texas, and waive any personal jurisdiction or venue defenses concerning said forum.

 

  14 - RETURN OF PERSONAL PROPERTY

 

Because of the nature of our business, we receive massive amounts of pictures to be scanned and electronic information. Because it impossible to administer the return of all the pictures we receive, we ask that you send us only pictures that you will not need because they will not be returned.

 

  15 - PRIVACY POLICY

 

Your right to privacy is very important to us. We recognize that providing us with personal information is an act of trust. Our Privacy policy has been developed protect your personal information.


Personal Information Collected


When you visit any of our websites and access information you remain anonymous. We do not require you to register or provide personal information to us to view our sites.


There are occasions when we will ask for additional information. We do this not only to better understand and respond to your needs, and provide you with services that may be valuable to you but also to set up your Customer account. Personally identifiable information will be collected in order for you to register a membership account.


We will protect your personal information in storage through the use of encryption.
You can help us maintain the accuracy of your information by notifying us of any changes to your address, title, phone number or e-mail address. To update your account file, click here.

 

Use of Your Information

 

We will not provide any of your personal information to other organizations or third parties unless required to do so by law. We do not sell our clients' personal information to anyone.

 

Security of Your Credit Card Information

 

If you supply us with your credit card information, we will encrypt the card number during transmission but ultimately you submission is done at your own risk. Under no circumstances shall Creative Writers Network, LLC. or its officers be liable to you or any third party, for any claims, causes of action or direct, indirect, incidental, special, or consequential, trebled, or punitive damages that result or have alleged to have resulted from the unauthorized use of your credit card by persons other than Creative Writers Network, LLC., or its officers and employees.


Links to Third Party Sites

 

We provide links to third party sites. Since we do not control those websites, we encourage you to review their posted privacy policies.

 

Cookies

 

"Cookies" are small files sent from a web server to your computer through your browser program.


There are two types of cookies: non-persistent and persistent cookies:


A non-persistent cookie enables a website to temporarily keep information on your computer as you travel from one page to another on our site. This cookie is automatically deleted from your machine when you close your browser. Because these cookies are necessary to provide some functions, failure to allow such cookies may make some of the functions on our website unavailable to you.


A persistent cookie is kept even when you close your browser. You can manually delete these cookies using commands specific to your browser and computer system. These cookies store information that would generally not change from session to session. They also contain information that would need to be reentered by you each time you visit the website. For example, we use persistent cookies to welcome our visitors to our website by displaying the date ad time of their last visit.

 

Use of Cookies

 

We use cookies for various reasons and only read cookies written by our site. We do not use cookies to obtain information on other websites that you may visit. We may use cookies to store some history about the parts of our sites that you have visited to help you navigate our site more easily or to alert you to related pages on our site that may interest you.

 

E-Mail

 

You may decide to send us personally identifying information, such as a message containing your member profile name or login information for your account. We will only use this information to identify you as a client and to determine how to respond to your message. We will not use this information for any purpose other than to resolve the matter identified in your message.

 

Privacy Policy Updates

 

We may occasionally update this policy with or without notice.

 

 16 - CWN BRANDED HOSTING SERVICES USAGE POLICY

 

The Creative Writers Network, LLC.Service Usage Policy has been developed with the following objectives:


(1) Preserve the value of Internet resources as a conduit for free expression.

 

(2) Encourage the responsible use of net resources and discourage practices which degrade the usability of network resources and thus the value of Internet services. 

 

(3) Avoid situations that may cause Creative Writers Network, LLC. to incur civil liability. 

 

(4) Preserve the privacy and security of individual users. 

 

We expect our Customers to use the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette. By adhering to the following policies, our Customers are protecting the rights and privileges of all Internet users. 

 

VIOLATION OF ANY OF THE FOLLOWING POLICIES IS STRICTLY PROHIBITED AND WILL RESULT IN IMMEDIATE TERMINATION OF THE OFFENDING ACCOUNT AND MAY INCUR FINANCIAL PENALTIES TO THE VIOLATOR.

 

General Conduct

 

(1) Customers are prohibited from transmitting on or through any of Creative Writers Network, LLC.'s facilities any material that is, in Creative Writers Network, LLC.'s sole discretion, unlawful, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.

 

(2) Creative Writers Network, LLC.'s facilities may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. Creative Writers Network, LLC. reserves the right to remove such illegal material from its servers.

 

(3) Customers may not engage in tortuous conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or making physical threats against another person via email, news, or any other electronic media/service we provide.

 

(4) Customers may not use abusive, unprofessional, or threatening language towards any member of our staff. Definition of any such behavior is to be solely at our discretion.

 

(5) Customers must provide or update Creative Writers Network, LLC.with accurate and up-to-date contact and billing information. Furnishing false data on the signup form, 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.

 

System and Network Usage and Security

 

(1) Customers 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 Customer, password sniffing, security hole scanning, IP spoofing, logging into a server or account the Customer is not expressly authorized to access, or probing the security of other networks.

 

(2) Customers 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.

 

(3) Customers 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.

 

(4) Customers must safeguard their account passwords to prevent unauthorized access to their account.

 

(5) Users who violate systems or network security may incur criminal or civil liability. Creative Writers Network, LLC. 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.

 

Prohibited Use

 

Although we do not have content restrictions, all content must be obtained legally and used in a legal manner. Below are examples of what we consider to be illegal content, and therefore prohibited use of service:

 

(1) Utilize the service in connection with any illegal activity. Without limiting the general application of this rule, Users may not:

 

(a) Utilize the service to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;

 

(b) Utilize the service to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;

 

(c) Utilize the service to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law; or

 

(d) Utilize the service in any manner that violates applicable law. 

 

(2) Utilize the service in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not: 

 

(a) Utilize the service to publish or disseminate information that (#1) constitutes slander, libel or defamation, (#2) publicizes the personal information or likeness of a person without that person’s consent or (#3) otherwise violates the privacy rights of any person.

 

(b) Utilize the service to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law. 

 

(3) Utilize the service in connection with any other disruptive or abusive activity. Without limiting the general application of this rule, Users may not:

 

(a) Utilize the service to cause denial of service attacks against Creative Writers Network, LLC. or other network hosts or Internet users or to otherwise degrade or impair the operation of Creative Writers Network, LLC.’s servers and facilities or the servers and facilities of other network hosts or Internet users.

 

(b) Utilize the Services to subvert, or assist others in subverting, the security or integrity of any Creative Writers Network, LLC. systems, facilities or equipment.

 

(c) Utilize the Services to gain unauthorized access to the computer networks of Creative Writers Network, LLC. or any other person.

 

(d) Utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code.

 

(e) Utilize the service to (#1) forge the signature or other identifying mark or code of any other person, (#2) impersonate or assume the identity or any other person, or (#3) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous re-mailers or Internet nicknames).

 

(f) Utilize the service to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services.

 

(g) Utilize the service to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator).

 

(h) Utilize the service to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or Spam.

 

(i) Utilize the service in any manner that might subject Creative Writers Network, LLC. to unfavorable regulatory action, subject Creative Writers Network, LLC. to any liability for any reason, or adversely affect Creative Writers Network, LLC.’s public image, reputation or goodwill, including, without limitation, sending or distributing illegal, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Creative Writers Network, LLC. in its sole discretion.

 

(j) Utilize the service in any other manner to interrupt or interfere with the Internet usage of other persons.

 

Email

 

(1) Harassment, whether through language, frequency, or size of messages, is prohibited.

 

(2) Customers may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the Customer must not send that person any further email.

 

(3) Customers are bound by the Creative Writers Network, LLC. Spam Policy.

 

(4) Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.

 

(5) Malicious email, including but not limited to "mail-bombing" (flooding a user or site with very large or numerous pieces of email) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.

 

(6) Forging of header or any other information is not permitted.

 

(7) Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.

 

(8) Creative Writers Network, LLC. accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.

 

No Spam Policy

 

As a provider of Internet network services and management, Creative Writers Network, LLC. considers it an obligation to put an end to Spam. We respect your need for efficient, cost-effective and interruption-free services, and we pride ourselves on offering you one of the most scalable, reliable and redundant networks available today. To protect this service, we have the following Spam policy:

 

Any Creative Writers Network, LLC. Customer willfully responsible for Chain Letters, Sourced Spam or for Caused Spam will have their account terminated without notice and no refund of pre-paid hosting fees will be issued for the offending account. No new accounts will be permitted for any Customer previously found to be in violation of our Spam policy.
For purposes of this policy, the following definitions apply: 

 

(a) Excessive Volume: More than 100 email messages sent in a 1-hour period, unless the software used to send such messages was Creative Writers Network, LLC.'s Mailing List Manager.

 

(b) "Chain" letters: Commercial solicitations where no prior commercial relationship exists and where the recipient has not previously initiated communication Religious, philosophical, or charitable solicitations or fliers where the recipient has not previously initiated communication.

 

(c) Sourced Spam: Each and every Unsolicited Email Message that is sent through a single Creative Writers Network, LLC. supplied email account whenever that single email account originates an Excessive Volume.

 

(d) Caused Spam: Each and every Unsolicited Email Message, sent in an Excessive Volume by any party over any network to any party, which advertises or mentions a site hosted by a Creative Writers Network, LLC. Customer on the Creative Writers Network, LLC.network, whenever directly caused by the actions of a Creative Writers Network, LLC.Customer.

 

(e) Adult material is defined by Creative Writers Network, LLC.as any photos or videos showing frontal nudity of either men or women. Adult material also consists of the sale of sexually explicit materials. Creative Writers Network, LLC. reserves the right to determine what might be considered "sexually explicit" or "sexually related".

 

General

 

THE USAGE POLICY DEFINES THE ACTIONS WHICH CREATIVE WRITERS NETWORK, LLC. CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY PROHIBITED. THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO CREATIVE WRITERS NETWORK, LLC's. CUSTOMERS.

 

If you are unsure whether any contemplated use or activity is prohibited, please contact us at info@creativewritersnetwork.com and we will assist you. 

 

Please note that the activities set forth above are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by Creative Writers Network, LLC., or connected via our network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission

 

Deception Policy Statement

 

Creative Writers Network, LLC. must further limit any exceptions made to the Service Usage Policy as secondary in regards to server and network security, performance and integrity. Any user, regardless of exception status, may have his or her service disabled if it is interfering with our servers or network.

 

Please report any known violations of our policy to abuse@creativewritersnetwork.com 

 

Activation

 

A newly registered account will be activated within 24-48 hours of registration. 

 

Unacceptable Use

 

The sending of unsolicited bulk email (spam) is also prohibited and constitutes a violation of the registration agreement.

 

Creative Writers Network, LLC. can in its sole discretion revoke, suspend, transfer or otherwise modify a member profile registration upon seven (7) calendar days prior notice, or at such time as we receive a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the revocation, suspension, transfer or modification of the member profile registration. 

 

In the case of nonpayment, charge back or other direct violation of these terms and conditions, Customer agrees that we can at our sole discretion revoke, suspend, transfer or otherwise cancel registration without notice.

 

Ownership of Data

 

You agree and acknowledge that upon submission of creative works that the content is your original work and do not violate the Terms and Conditions stated in this agreement. By posting your work it is subject to copyright law. Unauthorized copying, distribution or use is strictly prohibited without written consent of copyright holder. 

 

Indemnification of Creative Writers Network, LLC.

 

You agree to defend, indemnify and hold harmless Registrar for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to the registration or use of the member profile name registered in your name. This indemnification is in addition to any indemnification required under the Dispute Policy.

 

Representations and Warranties

 

You represent that, to the best of your knowledge and belief, neither the submission of your creative work nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your creative work is accurate.

 

ALL CREATIVE WORKS ARE PROVIDED BY YOU ARE "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, REGISTRAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR SUMISSION OF A CREATIVE WORK UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR CREATIVE WORK, OR FROM SUSPENSION OR CANCELLATION OF SERVICES.

 

Governing Law

 

Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Texas, as if the Agreement was a contract wholly entered into and wholly performed within the State of Texas. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the Registrar's site shall be brought exclusively in the United States District Court for the District of Texas, or if there is no jurisdiction in such court, then in a state court in Denton, Texas.

 

Notices

 

You agree that any notices required to be given under this Agreement by Creative Writers Network, LLC. to you will be deemed to have been given if delivered in accordance with the contact information you have provided.

 

This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Creative Writers Network, LLC..

 

 17 - SERVICE POLICY

 

Fees

$7.95 per month
$24.95 per 6 months
$39.95 per year

Refunds

Absolutely No Refunds. Please make Member ID is spelled correctly before submitting the order.

Registration Information

All member profiles require valid owner contact information.

Customer officially owns the creative works as stated on your paid in full registration even though ownership shows Creative Writers Network, LLC. 

Renewal Notices

Renewal notices will be sent via email 30 days prior to the expiration date of the registration. Renewal fees are due prior to renewal date. It is your responsibility to make sure we have your correct email address for billing. 

Activation

A newly registered member profile will be activated within 0-24 hours of registration. 

Acceptable Member Profile ID Names

Member names can be from 1 to 25 characters in length (we do not recommend more than 23 characters), and may not begin or end with a dash (-) or contain any spaces between characters. Except for the dash (-) character, only alphanumeric characters A-Z and 0-9 are accepted. We reserve the right to deny registration of a member profile name we deem offensive or inappropriate for any reason. 

Acceptable Use

You agree to use your member profile in a lawful manner consistent with generally accepted business and moral standards. Although we will not restrict free speech, we reserve the right to require a Customer to cease to use a registered work for a purpose that is deemed to be grossly offensive to a very large group of internet users.

Customer also agree that, to the best of their knowledge, the name they are registering does not infringe on any trademark or violate any trademark and intellectual property law. If it is later found that a trademark infringement may have occurred, and a dispute arises, the registrant must agree to be bound by our Member Profile Dispute Resolution Policy.

Unacceptable Use

Use of any member profile for a purpose unlawful in the United States of America and any of its states is prohibited, and could cause deletion of your account. 

The sending of unsolicited bulk email (spam) is also prohibited and constitutes a violation of the registration agreement.

Creative Writers Network, LLC. can in its sole discretion revoke, suspend, transfer or otherwise modify a member registration upon seven (1) calendar days prior notice, or at such time as we receive a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the revocation, suspension or modification of the member profile registration. 

In the case of nonpayment, charge back or other direct violation of these terms and conditions, Customer agrees that we can at our sole discretion revoke, suspend, transfer or otherwise modify a member registration without notice.

 

 18 – MEMBER PROFILE REGISTRATION AGREEMENT

 

This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of Creative Writers Network, LLC.'s member registration services to register an member profile. For purposes of this agreement, the term "Registrar" shall be construed to mean Creative Writers Network, LLC.. To complete the registration process, you acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, the accompanying policies and procedures listed under "Service Policy" and any rules or policies that are or may be published by Registrar from time to time. This Agreement will become effective when accepted by Registrar. Registrar may elect to accept or reject your member profile registration application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of an in use profile name or other profile ID that is contrary to the above service agreement.

Fees

As consideration for the member profile registration services provided by Registrar to you, you agree to pay Registrar, prior to the effectiveness of the desired member profile registration, the amounts set forth under "Member Profile Registration Policy" for the initial registration of the member profile and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your member profile registration is suspended, cancelled prior to the end of your then current registration term. Your requested member profile will not be registered unless we receive actual payment of the registration fee.

You will be notified when renewal fees are due. Should these fees go unpaid within the time specified in a second notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. We will renew your name for you provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew your member profile registration, we will contact you to update this information and charge you accordingly.

Dispute Policy

You agree to be bound by Registrar's Member Profile Dispute Resolution Policy ("Dispute Policy"), which is hereby incorporated and made a part of this Agreement by reference. This Dispute Policy can be found in its entirety by clicking here. Certain disputes, as specified in the Dispute Policy, are subject to that Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your member profile registration is disputed by a third party, in the event such dispute arises. You also agree that, in the event a member profile dispute arises with any third party, you will indemnify and hold Registrar harmless pursuant to the terms and conditions contained in the Dispute Policy.

Changes to Registration Agreement and Dispute Policy

You acknowledge that the member profile system and the practice of registering and administering member profiles are evolving, and therefore you agree that Registrar may modify this Agreement and the Dispute Policy if necessary to comply with any Agreements that Registrar is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of the member profile registered to you shall constitute your acceptance of this Agreement and the Dispute Policy with the new modifications. If you do not agree to any of such changes, you may request that your member profile registration be cancelled. You agree that such cancellation will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy.

Member Profile Registration Information and Its Use

(1) Information You Are Required to Submit. As part of the registration process, you are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. The information you are obligated to provide in connection with the member profile you are registering is the following:

(A) Your name and postal address (or if different, that of the member profile holder);

(B) The Member ID being registered;

(C) The name, postal address, e-mail address, voice telephone number, and where available; and

You agree and acknowledge that when you renew your member profile registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your registration may not be renewed.

All other information which we may request from you at registration is voluntary. However, not providing this information may prevent you from obtaining all products and services made available to your member profile by us.

(2) Additional Information Maintained About Your Registration. In addition to the information you provide, we maintain records relating to your member profile registration. These records may include:

(A) The original creation date of the registration;

(B) The submission date and time of the registration application to us and by us to the proper registry;

(C) Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;

(D) Records of account for your member profile registration, including dates and amounts of all payments and refunds;

You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your member profile registration. You further agree that your failure to respond for over fifteen (15) calendar days to inquiries by Registrar concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your member profile registration. 

We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.

Registrar will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.

Agents and Licenses

You agree that, if you are registering a member profile for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy.

Limitation of Liability

YOU AGREE THAT Creative Writers Network, LLC. WILL NOT BE LIABLE FOR ANY (#1) SUSPENSION OR LOSS OF THE MEMBER PROFILE REGISTRATION IN YOUR NAME, (#2) USE OF YOUR MEMBER PROFILE REGISTRATION, (#3) INTERRUPTION OF BUSINESS, (#4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE website(S) YOU ACCESS BY THE MEMBER PROFILE REGISTERED IN YOUR NAME; (#5) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (#6) EVENTS BEYOND REGISTRAR'S REASONABLE CONTROL; (#7) THE PROCESSING OF THIS APPLICATION; OR (#8) APPLICATION OF THE DISPUTE POLICY. REGISTRAR ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REGISTRAR'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Indemnification of Creative Writers Network, LLC.

You agree to defend, indemnify and hold harmless Registrar for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to the registration or use of the member profile registered in your name. This indemnification is in addition to any indemnification required under the Dispute Policy.

Representations and Warranties

You represent that, to the best of your knowledge and belief, neither the registration of your member profile nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your member profile registration is accurate. 

ALL MEMBER PROFILE REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS MEMBER PROFILE REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, REGISTRAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A MEMBER PROFILE UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR CREATIVE WORKS, OR FROM SUSPENSION, CANCELLATION OF THE MEMBER PROFILE REGISTERED TO YOU.

Breach and Revocation

Registrar reserves the right to suspend, cancel, transfer or modify your member profile registration in the event (#1) you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by Registrar, (#2) you use the member profile registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, (#3) you use your member profile name in connection with unlawful activity, or (#4) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement. 

You also agree that Registrar shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a member profile registration upon seven (1) calendar days prior written notice, or at such time as Registrar receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the member profile registration.

Governing Law

Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Texas, as if the Agreement was a contract wholly entered into and wholly performed within the State of Texas. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the Registrar's site shall be brought exclusively in the United States District Court for the District of Texas, or if there is no jurisdiction in such court, then in a state court in Denton County, Texas.

Notices

You agree that any notices required to be given under this Agreement by Creative Writers Network, LLC. to you will be deemed to have been given if delivered in accordance with the contact information you have provided.

 

 19 - ADDITIONAL TERMS AND CONDITIONS


Customer hereby acknowledges that it has received and reviewed a copy of Creative Writers Network, LLC.'s "Service Usage Policy" provided herewith and that the terms of the "Service Usage Policy" are incorporated herein by reference. 

Creative Writers Network, LLC. reserves the right to amend the "Service Usage Policy" from time to time and Customer shall be bound by any such amendments. 

Customer shall have the obligation to periodically visit this website to review its "Service Usage Policy" and to make certain Customer is in full compliance therewith. 

In the event of any inconsistencies between this Agreement and the Service Usage Policy, the terms of the Service Usage Policy shall govern.

 

 20 - COMMUNICATION AND NOTICES

 

All official communication between Creative Writers Network, LLC. and Customer as well as notices set forth within this agreement shall be by e-mail. 

Customer shall send all notices and official communication to Creative Writers Network, LLC. at the e-mail address
messages@creativewritersnetwork.com 

Creative Writers Network, LLC. shall send all notices and official communication to Customer at the e-mail address listed in Customer's account record. 

It is solely Customer's responsibility to ensure that the e-mail address listed with Creative Writers Network, LLC. is accurate and up to date. 

In the event Creative Writers Network, LLC. sends a notice of cancellation, renewal invoice or any other official notice to an e-mail address that is no longer valid for Customer, such notice shall be deemed delivered per this agreement. Evidence of successful transmission of all notices delivered by email must be retained by the delivering party.

 

 21 - CLIENT INFORMATION NON-DISCLOSURE STATEMENT

 

Creative Writers Network, LLC. does not disclose client information, ideas, layouts or overviews deemed confidential by the client to any third parties unless previous authorization has been granted by the client. Once information is released into the public domain through any means it is no longer considered confidential and Creative Writers Network, LLC. is not responsible for the security of any information that was previously deemed confidential.

 

 22 - THE NMS SHOPPING CART SENSITIVE INFORMATION POLICY

 

The NMS Deluxe Shopping Cart System allows users to process electronic orders through a merchant provider/transaction. When using the complete e-commerce transaction processing method credit card information is collected and transmitted to the appropriate processor for authorization. This information is transmitted through a dedicated secure 128bit SSL Encrypted checkout page. 

Some merchant providers/transaction gateways require the use of a transaction key which is stored inside of the users 128bit SSL Encrypted password protected control panel. 

At no time is information transmitted or stored without the use of 128bit SSL encryption.

 

 23 - MISCELLANEOUS

 

This Agreement sets forth the entire agreement between Creative Writers Network, LLC. and Customer with respect to the subject matter hereof and supersedes all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any other prior writing between the parties. 

If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless continue in full force and effect. 

Customer may not transfer or assign this Agreement without Creative Writers Network, LLC.'s prior written consent. 

WE RESERVE THE RIGHT TO CHANGE THIS DOCUMENT AT ANY TIME WITHOUT NOTICE

© Copyright Creative Writers Network, LLC. 2004, 2005

 

 

 

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