We (the folks at PubWriter.com) run a site and website publishing platform called PubWriter and would love for you to use it. Our service is designed to give you as much control and ownership over what goes on your website as possible and encourage you to express yourself freely. However, you are still fully responsible for what you publish. In particular, make sure that none of the prohibited items (like copywritten material, spam, viruses, or serious threats of violence) appear on your website.
If you find a PubWriter.com website that you believe violates these Terms of Service, please visit our dispute resolution & reporting page and we will take swift action.
The following terms and conditions govern all use of the PubWriter platform and all content, services, and products available at or through the website, including, but not limited to Dropbox ("Dropbox") and Author Dock, ("Author Dock"), (taken together, our Services). Our Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, PubWriter's Privacy Policy) and procedures that may be published from time to time by PubWriter (collectively, the "Agreement"). You agree that we may automatically upgrade our Services, and these terms will apply to any upgrades.
Please read this Agreement carefully before accessing or using our Services. By accessing or using any part of our services, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access or use any of our services. If these terms and conditions are considered an offer by PubWriter, acceptance is expressly limited to these terms.
Our Services are not directed to children younger than 13, and access and use of our Services is only offered to users 13 years of age or older. If you are under 13 years old, please do not register to use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.
Use of our Services requires a PubWriter.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.
Your PubWriter.com Account and Website. If you create a website on PubWriter.com, you are responsible for maintaining the security (access) of your account and site, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the site. You must immediately notify PubWriter of any unauthorized uses of your site, your account, or any other breaches of security. PubWriter will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you operate a site, comment on a site, post material to PubWriter.com, post links on PubWriter.com, or otherwise make (or allow any third party to make) material available (any such material, "Content"), you are entirely responsible for the content of, and any harm resulting from, that Content or your conduct. That is the case regardless of what form the Content takes, which includes, but is not limited to text, photo, video, audio, or code. By using PubWriter.com, you represent and warrant that your Content and conduct do not violate these terms or the User Guidelines.
When you delete Content, while it will be removed from your physical site, you acknowledge that caching or references to the Content may not be removable because 3rd party websites may crawl and index your content.
Without limiting any of those representations or warranties, PubWriter has the right (though not the obligation) to, in PubWriter's sole discretion, (i) refuse or remove any content that, in PubWriter's reasonable opinion, violates any PubWriter policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of PubWriter.com to any individual or entity for any reason. PubWriter will have no obligation to provide a refund of any amounts previously paid.
PubWriter reserves the right to display attribution text or links in your site footer or toolbar, attributing PubWriter.com or the theme author, for example. The toolbar may not be altered or removed. Attribution text or links may only be hidden if you are subscribed to PubWriter.com Business or VIP.
After the trial period has expired, you authorize PubWriter to charge a monthly or annual subscription fee indicated at the time of enrolling. Payments will be charged on a pre-pay basis on the day you sign up and cover the use for a monthly or annual subscription period as indicated. You can read about our refund policy here.
Unless you notify PubWriter before the end of the applicable subscription period that you want to cancel an Upgrade, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for you.
Dropbox is an cloud-based file backup service used to manage the content on your PubWriter web canvas (website). In order to update your content, you must have a dropbox account (free accounts are available to store up to 2GB of data, far more space than you'll ever need on your website.
Every time you hit save, Dropbox backs up your PubWriter content and posts it to your PubWriter site (typically within 60 seconds or less). You're fully responsible for your Dropbox Content. It's your responsibility to ensure that your website's Content abides by applicable laws and by these Terms. We don't actively review the Dropbox Content.
If you lose access to or content from your shared Dropbox folders on your PubWriter.com account, you may not be able to access your backed up Dropbox Content. A recovery fee may apply to retrieve files you are no longer able to access, although not guarantee is made that the files will be recovered (however you only pay if we are able to recover the lost file(s).)
By using Dropbox, you grant us access to your website's shared Dropbox folders for the purpose of backing up and securing your Dropbox Content on your PubWriter site. In order to improve performance, and address security vulnerabilities, we may need to perform an upgrade to your site, or we may access your dropbox folders to remove malicious code. We may also scan Dropbox Content, and compile aggregated/anonymized statistics for our internal use to optimize the performance of the Dropbox service. You also grant us a worldwide, royalty-free, and non-exclusive license to copy and store your Dropbox Content, to the extent necessary to operate the Dropbox service. These Terms don't give us any rights in your Dropbox Content, beyond those we need to operate Dropbox. You own your Dropbox Content.
When using Dropbox, you agree not to:
PubWriter offers different levels of service. By signing up for a particular level of service, you agree to pay PubWriter the applicable subscription fees. Unless you notify us before the end of your subscription period that you no longer wish to run PubWriter, your subscription will renew automatically. If we change pricing for a service to which you're subscribed, we will notify you before your subscription is set to renew. You authorize us to charge any then-applicable fees to your credit card or other payment method we have on file for you. We offer refunds up to thirty (30) days after payment. Payment failures will result in the cancellation of your PubWriter plan. Each PubWriter website requires a separate subscription to run PubWriter.
If you cancel your subscription to PubWriter, you will retain access to all your files on Dropbox, but they will not be made available for use with the PubWriter service.
By signing up for the PubWriter.com you agree to pay PubWriter the specified monthly fees in exchange for access to the feeds. Applicable fees will be invoiced starting from the day your access is established and in advance of using such services. PubWriter reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Access can be canceled by you at any time on 30 days written notice to PubWriter.
You may use the PubWriter.com to develop a product or service that searches, displays, analyzes, retrieves, and views information available on PubWriter.com. You may also use the PubWriter.com name or logos and other brand elements that PubWriter makes available in order to identify the source of the information.
You may not use the PubWriter.com to substantially replicate products or services offered by PubWriter, including the republication of PubWriter.com content or the creation of a separate publishing platform. If PubWriter believes, in its sole discretion, that you have violated or attempted to violate these conditions or the spirit of these terms, your ability to use and access the PubWriter.com web canvas may be temporarily or permanently revoked, with or without notice.
PubWriter has not reviewed, and cannot review, all of the material, including computer software, posted to our Services, and cannot therefore be responsible for that material's content, use or effects. By operating our Services, PubWriter does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Our Services may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. Our Services may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. PubWriter disclaims any responsibility for any harm resulting from the use by visitors of our Services, or from any downloading by those visitors of content there posted.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which PubWriter.com links, and that link to PubWriter.com. PubWriter does not have any control over those non-PubWriter.com websites, and is not responsible for their contents or their use. By linking to a non-PubWriter.com website, PubWriter does not represent or imply that it endorses such website. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. PubWriter disclaims any responsibility for any harm resulting from your use of non-PubWriter.com websites and webpages.
As PubWriter asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by PubWriter.com violates your copyright, you are encouraged to notify PubWriter in accordance with PubWriter's Digital Millennium Copyright Act ("DMCA") Policy. PubWriter will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. PubWriter will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of PubWriter or others. In the case of such termination, PubWriter will have no obligation to provide a refund of any amounts previously paid to PubWriter.
This Agreement does not transfer from PubWriter to you any PubWriter or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with PubWriter. PubWriter, PubWriter.com, the PubWriter.com logo, and all other trademarks, service marks, graphics and logos used in connection with PubWriter.com or our Services, are trademarks or registered trademarks of PubWriter or PubWriter's licensors. Other trademarks, service marks, graphics and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any PubWriter or third-party trademarks.
We may act as a registrar agent and/or work with third party registrars in order to provide our users with domain name services. When you register a domain name on PubWriter.com, or when you renew or transfer an existing domain name on PubWriter.com, you become bound by the relevant registrar's terms and conditions, either the PubWriter Domain Name Registration Agreement, Tucows Domain Inc. Registration Agreement, or this Domain Name Registration Agreement, in addition to these Terms. Which registrar terms apply depends on the TLD you choose, and in some cases, the date you register your domain, so please see this page to determine which agreement(s) apply to you. These registrar terms are incorporated by reference into these Terms.
Further, your use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"). A summary of your rights and responsibilities as a domain name registrant under ICANN's 2009 Registrar Accreditation Agreement can be found here. You can learn more about domain name registration generally here.
We are constantly updating our Services, and that means sometimes we have to change the legal terms under which our Services are offered. If we make changes that are material, we will let you know by posting on Author Dock and by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new terms will take effect. If you disagree with our changes, then you should stop using our Services within the designated notice period. Your continued use of our Services will be subject to the new terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.
PubWriter may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your PubWriter.com account (if you have one), you may simply discontinue using our Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our Services are provided "as is." PubWriter and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither PubWriter nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you're actually reading this, here's a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.
In no event will PubWriter, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to PubWriter under this agreement during the twelve (12) month period prior to the cause of action. PubWriter shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You represent and warrant that (i) your use of our Services will be in strict accordance with the PubWriter Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of our Services will not infringe or misappropriate the intellectual property rights of any third party.
You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and PubWriter reserve the right to terminate accounts or access of those in the event of a breach of this condition.
You agree to indemnify and hold harmless PubWriter, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of our Services, including but not limited to your violation of this Agreement.
These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.
This Agreement constitutes the entire agreement between PubWriter and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of PubWriter, or by the posting by PubWriter of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Luis Obispo County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Luis Obispo, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; PubWriter may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.