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AGREEMENT
This web site ("Writeoniowa.com") is a service of Writeoniowa.("Writeoniowa.com").
The Writeoniowa Site is offered to you, the user, conditioned upon
your acceptance, without modification, of the terms, conditions,
and notices contained herein (this "Agreement"). Your
use of the Writeoniowa Site constitutes your acceptance of this Agreement.
1. Personal Account and Termination.
1.1 Personal Account. The Writeoniowa Site is for your personal, non-commercial
use.
1.2 Termination. Notwithstanding anything contained in this Agreement
to the contrary, Writeoniowa may terminate your ability to access the Writeoniowa
Site with or without notice at anytime and for any reason whatsoever.
2. No Warranties and Limitation of Liability.
2.1 Your use of the Writeoniowa Site, including storage of information,
if any,is at your sole risk. You assume full responsibility and
risk of loss resulting from the downloading and/or use of files
or other material (including software)obtained through the Writeoniowa
Site. Neither Writeoniowa or any of its suppliers endorse or stand behind
the accuracy, truthfulness or reliability of any information(including
statements of opinion or advice) provided on or by means of the
Writeoniowa Site. Statements made in conferences and chats reflect only
the views of their authors. Advice received via the Writeoniowa Site should
not be relied upon for important personal or financial decisions,
and you should consultant appropriate professional for specific
advice tailored to your situation.The Writeoniowa Site may contain hyperlinks
to web sites operated by parties other than Writeoniowa. Such hyperlinks
are provided for your reference only. Writeoniowa does not control such
web sites and is not responsible for their contents. Writeoniowa's inclusion
of hyperlinks to such web sites does not imply any endorsement of
the material on such web sites or any association with their operators.
2.2 THE WRITEONIOWA SITE IS PROVIDED "AS IS", AND NEITHER
WRITEONIOWA NOR ANY OF ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES,
LICENSORS, EMPLOYEES, AGENTS,OR THE LIKE MAKES ANY EXPRESS OR IMPLIED
REPRESENTATIONS OR WARRANTIES REGARDING THE USABILITY, CONDITION
OR OPERATION THEREOF. No oral advice or written information given
to you by Writeoniowa or any of its suppliers, content providers,licensors,
employees, agents, or the like shall create any warranty. Neither
Writeoniowa nor any of its suppliers, content providers, licensors,
employees,agents, or the like warrants that access to, or use of,
the Writeoniowa Site will be uninterrupted, virus free, or error-free,
or that the Writeoniowa Site (including,without limitation, any
content on the Writeoniowa Site) will meet any particular criteria
of performance or quality. Writeoniowa, ON BEHALF OF ITSELF AND
ALL OF ITS SUPPLIERS, CONTENT PROVIDERS, LICENSORS, EMPLOYEES, AGENTS
AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES
AND/OR REPRESENTATIONS,WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN,
INCLUDING, WITHOUT LIMITATION,ANY AND ALL IMPLIED WARRANTIES OF
MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY,SECURITY, RELIABILITY,
ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE(WHETHER OR NOT
WRITEONIOWA KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE
IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE TN RESPECT
OF THE WRITEONIOWA SITE. FURTHERMORE, Writeoniowa, ON BEHALF OF
ITSELF AND ALL OF ITS SUPPLIERS, CONTENT PROVIDERS, AFFILIATES,
LICENSORS, EMPLOYEES, AGENTS AND THE LIKE, HEREBY EXPRESSLY DISCLAIMS
ANY AND
ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE
WRITEONIOWA SITE.
2.3 Writeoniowa and all of its suppliers, content providers, affiliates,
licensors,employees, agents and the like, in each instance will
not be liable for(a) any direct, indirect, incidental, consequential
and/or special damages arising out of your use of, or inability
to use, the Writeoniowa Site, and you hereby waive any claims with respect
thereto, whether based on contractual,tort or other grounds, even
if Writeoniowa has been advised of the possibility of such damages, and/or
(b) damages or injury caused by any failure of performance,error,
omission, interruption, deletion, defect, delay in operation or
transmission,computer virus, communication line failure, theft or
destruction or unauthorized access to, alteration of, or use of
any file, in each instance whether for breach of contract, tortuous
behavior, negligence, or under any other cause of action. For further
clarity, in all events, Writeoniowa and all of its suppliers,content providers,
affiliates, licensors, employees, agents and the like shall not
be liable for the defamatory, offensive, or illegal conduct of other
users of the Internet (including the Writeoniowa Site).
2.4 Some jurisdictions do not allow implied warranties to be excluded
or modified or liability to be limited, so not all of the above
limitations may apply to you.
2.5 The provisions of this Section 2 represent a reasonable allocation
of the risks under this Agreement. Writeoniowa's willingness to allow you
to use the Writeoniowa Site reflects this allocation of risk and the limitations
of liability specified herein.
Control of Account. Writeoniowa shall have the right, but not the
obligation, to,among other things, (a) monitor conferences and chats
and authorize restrictions on access thereto, and (b) withdraw,
suspend or discontinue any functionality or feature of the Writeoniowa
Site. Furthermore, Writeoniowa reserves the right, with or without
notice to you, to change any of the services offered on the WriteoniowaSite
including, but not limited to, hours of operation, menu structures,access
procedures, software commands, documentation, vendors and/or otherservices.
Any rights not expressly granted in this Agreement by Writeoniowa
are hereby reserved by Writeoniowa.
4. Acceptable Use Protocol. Without limiting any of its other rights
or remedies contained herein or at law, Writeoniowa may terminate your
account (and,thereby, your access to the Writeoniowa Site) for breaching
or otherwise violating any provision of this Agreement including,
without limitation, the breachor violation of any one or more of
the following provisions which constitute Writeoniowa's "Acceptable
Use Protocol ":
4.1 The Writeoniowa Site will only be used for lawful purposes. Use of
the Writeoniowa Site for the transmission or storage of any information,
data or material in violation of any federal or state regulation
or law (including, but not limited to, material protected by copyright
or trade secrets, and information that is confidential as a matter
of law) is strictly prohibited. Without limiting the generality
of the foregoing, you agree not to:
(a) use the Writeoniowa Site, under any circumstances, to:
(i) publish, post, distribute or disseminate defamatory, infringing,
obscene or unlawful material or information, (ii) threaten, harass,
stalk, abuse,or otherwise violate the legal rights (including rights
of privacy and publicity)of others, (iii) intercept or attempt to
intercept e-mail, (iv) send "spamming"e- mail messages,
(v) upload files that contain software or other material protected
by intellectual property laws (or by rights of privacy or publicity)unless
you own or control the rights thereto or have received all necessary
consents, and/or (vi) upload files that contain a virus or corrupted
data,
(b) delete any author attributions, legal notices or proprietary
designations or labels in a file that you upload, (c) falsify the
source or origin of software or other material contained in a file
that you upload, (d) use the Writeoniowa Site in a manner that adversely
affects the availability of Writeoniowa's resources to other subscribers
or users of the Writeoniowa Site, (e) send e-mail for any purpose other
than personal communication including, without limitation,to advertise
or offer to sell goods or services to others (except as otherwise
expressly permitted by Writeoniowa), (f) download a file that you know
(or reasonably should know) cannot be legally downloaded (a file
may have been uploaded notwithstanding such illegality), and/or
(g) act, or fail to act, in your use of the Writeoniowa Site, in a manner
that is contrary to applicable law or regulation.
The failure to observe any of the foregoing may result in civil
or criminal liability, as well as termination of your account.
4.2 Use of the Writeoniowa Site for advertising or promotion of a commercial
product or service (other than in areas of the Writeoniowa Site that Writeoniowa
specifically designate for such purposes, if any) without the express,
written consent of Writeoniowa is prohibited.
4.3 The transmission of chain letters, the conduct or promotion
of gaming or lotteries, and the conduct or promotion of any illegal
activity via the Writeoniowa Site is strictly forbidden.
4.4 There may be news groups, electronic mailing lists, bulletin
boards,chat rooms, and/or other message or communication facilities
on the Writeoniowa Site which focus on a particular topic or set
of topics. You shall use any news groups, electronic mailing lists,
bulletin boards, chat rooms, and/or other message or communication
facilities only to send and receive messages and materials that
are proper and related to the particular news group,electronic mailing
list, bulletin board, chat room, and/or other message or communication
facility.
4.5 You shall not engage in any conduct that intends to disrupt
the normal flow of dialogue within chat rooms.
4.6 Files that are uploaded and your activity in conferences and
chats are subject to review, modification and deletion without notice.
Files uploaded may be subject to posted limitations on usage, reproduction
and/or dissemination,and you are responsible for adhering to such
limitations if you download them.
The preceding list is not exhaustive. Writeoniowa reserves the right
to prohibit conduct which Writeoniowa deems, in its sole discretion,
to be harmful to subscribers or damaging to the communities that
make up the Writeoniowa Site, and you agree to abide by any additional
rules of conduct Writeoniowa may adopt from time to time. Writeoniowa
cannot, and does not intend to, screen or monitor all communications
and other material in advance for adherence to Writeoniowa's standards.
However,notwithstanding anything in this Agreement to the contrary,
Writeoniowa reserves the right (but is not obligated) to review,
delete or edit any material placed on the Writeoniowa Site.
6. Intellectual Property.
6.1 Except for items in the public domain, all news stories, information,photos,
graphics, programs, services, processes, designs, software, technologies,trademarks,
trade names, inventions and all other materials comprising the Writeoniowa
Site (collectively, the "Works"), are wholly owned by
(or licensed to) Writeoniowa and/or its content providers. Except for your
noncommercial personal use, the Works may not be sold, reproduced,
published, broadcasted via radio or television, or redistributed
in any medium, directly or indirectly,in whole or in part, for any
commercial or non-commercial purpose, or used for advertising or
any other purpose other.
6.2 The Writeoniowa Site contains copyrighted material, trademarks, and
other proprietary information including, without limitation, text,
software, photos, video, graphics, music and sound, and the entire
contents of the Writeoniowa Site is copyrighted under the United States
copyright laws. Writeoniowa and/or its affiliates owns a copyright in the
selection, coordination, arrangement, and enhancement of such content
as well as in any original content. By uploading or otherwise submitting
a file or other information ("Your Contribution") to the
Writeoniowa Site, you automatically grant, or warrant that the copyright
owner of Your Contribution has expressly granted, to Writeoniowa a perpetual,
royalty-free,irrevocable, worldwide, non-exclusive right and license
to use, reproduce,publicly display and/or perform, modify, store,
publish, adapt, translate,create derivative works from, and/or distribute
Your Contribution (in whole or part) and/or to incorporate it in
other works in any medium now known or hereafter developed for the
full term of any copyright that may exist in Your Contribution,
as if Your Contribution were public domain information.You similarly
permit any Internet user to download, store, manipulate, reformat,view,
print and display Your Contribution for that users's personal use.
6.3 Sections 6. l and 6.2 above are for the benefit of Writeoniowa, its
affiliates,and its third party content providers and licensors and
each shall have the right to assert and enforce such provisions
directly or on its own behalf.
6.4 Without limiting any other rights Writeoniowa may have, Writeoniowa may (but
is not obligated to) check uploaded files for viruses and may also
remove an uploaded file (in its sole discretion) upon determining
that the file is inappropriate for the Writeoniowa Site.
7. Indemnification. You agree to forever indemnify and hold harmless
Writeoniowa and all of its suppliers, content providers, affiliates, licensors,
employees, agents and the like, in each instance from and against
any and all claims, suits, liabilities, expenses (including,without
limitation, attorneys' fees), and/or damages arising out of claims
based upon use your use of the Writeoniowa Site including, without limitation,
any claim of libel, defamation, violation of legal rights of others
(including rights of privacy or publicity), loss of service by other
subscribers and/or infringement of intellectual property or other
rights.
8. Entire Agreement and Survival. This Agreement contains the full
understanding of the parties with respect to the subject matter
hereof. The provisions of this Agreement intended for Writeoniowa's benefit
will continue in full force and effect even after termination of
your account.
9. Modification of Agreement. THIS AGREEMENT MAY BE CHANGED OR MODIFIED
FROM TIME TO TIME BY WRITEONIOWA. NOTICE OF SUCH CHANGES MAY BE
GIVEN BY MEANS INCLUDING, BUT NOT LIMITED TO, POSTING ON THE WRITEONIOWA
SITE, OR BY MAIL (INCLUDING,WITHOUT LIMITATION, E-MAIL). YOUR USE
OF THE Writeoniowa SITE FOLLOWING THE IMPLEMENTATION OF ANY SUCH
CHANGES OR MODIFICATIONS SHALL CONSTITUTE YOUR ACCEPTANCE OF ANY
SUCH CHANGES AND/OR MODIFICATIONS.
10. Severability. If any portion of this Agreement is held to be
invalid or unenforceable, the invalid or unenforceable portion shall
be modified in accordance with the applicable law as nearly as possible
to reflect the parties' original intentions, and the remainder of
this Agreement shall remain in full force and effect.
11. No Waiver; Governing Law; Jurisdiction. The failure of Writeoniowa to
insist upon or enforce strict performance by you of any provision
of this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between you and Writeoniowa nor
the trade practice shall modify any provision of this Agreement.
This Agreement is governed by the laws of the State of lowa, USA,
and you consent to the exclusive jurisdiction and venue of courts
in the State of Iowa, USA in all disputes arising out of or relating
to your use of the Writeoniowa Site and/or this Agreement. Use of the Writeoniowa
Site is unauthorized in any jurisdiction that does not give effect
to all provisions of this Agreement including, without limitation,
this Section 11.
12. Section Headings. Headings of articles and sections in this
Agreement are for the convenience of the parties only. Accordingly,
they shall not constitute a part of this Agreement when interpreting
or enforcing this Agreement.
13. Notices; Consent. Notices given by Writeoniowa to you will be
given by e-mail,or by a general posting on the Writeoniowa Site.
In any matter requiring Writeoniowa's consent, such consent will
be considered given only if made in the foregoing manner by an authorized
representative of Writeoniowa. Notices given by you to Writeoniowa
must be given by e-mail and addressed to admin@writeoniowa.com.
14. Relationship of Parties. You acknowledge that no joint venture,
partnership,employment, or agency relationship exists between you
and Writeoniowa. You agreenot to hold yourself out as a representative,
agent or employee of Writeoniowa,and that Writeoniowa will not be liable by reason
of any representation, act or failure to act by you.
15. Export Control. Any software that is made available to download
from the Writeoniowa Site, and any accompanying documentation and/or technical
information,is subject to applicable export control laws and regulations
of the USA.You and all Associate Account Holders, if any, agree
not to export or re-export such software, documentation, and/or
information, directly or indirectly,to any countries that are subject
to USA export restrictions.
16. Intellectual Property Notices. All contents of the Writeoniowa
Site are: Copyright 2000 Writeoniowa All rights reserved. Writeoniowa
and the Writeoniowa Site and other names of Writeoniowa services
referenced in the Writeoniowa Site are trademarks or registered
trademarks of Writeoniowa. Other product and company names mentioned
in the Writeoniowa Site may be the trademarks of their respective
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