LEEWILBUR.COM - TERMS OF USE

(For reference, "the site" and "the sites", are referencing any and all web pages accessed and hosted on a server ending in leewilbur.com).

1. OVERVIEW (This section applies to everything):

   Welcome to my web site! I hope to provide a great many features for your use and entertainment. However, you must agree to the following terms of use for all the pages created by me. Please note: These terms may be changed or amended over time. For your convenience, I will list a summary of changes at the end of this page as they are made. Further, it is your responsibility to periodically review the terms of use and any subsequent changes. I will not and can not be held responsible for your failure to stay current with the terms of use for my websites.

   If you do not accept these terms, you should not attempt to participate with the sites. If you do not agree to the terms of use, then I do not want your attempted participation in the features of the sites and I formally deny you any right to use the site and any of it's contents.

   If you cancel your membership to this site, any and all of your postings and submissions will NOT be automatically removed. If you request any or all of your creative works to be removed, then you must allow up to 30 days for their removal. Message board posts will not be deleted under any circumstances unless they violate other terms of use.

   1. GENERAL SITE RULES:
      1. No vulgar language. Any postings must be rated PG. The one exception to this is the Fan Fiction portion of the site. For more information on this exception, see the Fan Fiction portion of the agreement.
      2. You are to follow all local, regional, national, and international laws that apply to you or to me as a resident of New York State in your participation in all the aspects of this web site. This includes following applicable copyright laws.
      3. Unless otherwise stated, you should apply the most restrictive portion of this agreement to any new feature not explicitly covered in this agreement.
      4. If any copyrighted materials are found to be on the site, please contact me as soon as possible with the violation. I will review it as quickly as possible and take appropriate action so as to not infringe upon anyone's rights.

   2. YOUR ACCOUNT:
      1. Your account gives you access to all aspects of the site. If you register for one area, you are automatically registered for the other areas.
      2. It is your responsibility to keep your password and login information secure.
      3. In the unlikely event of a security breach, you will be notified via e-mail.
      4. If you believe someone else is using your login information to gain access to the site, you are expected to report it immediately and change your password.
      5. I will NOT sell or otherwise knowingly give my database of users and e-mail addresses to anyone without at least 30 days prior notification to all site members who would be affected. (I have no plans to do this and personally despise those who do).
      6. All information here will be used exclusively for granting you access to the web site and it's appropriate features and to customize the contents of the site to what you appear to be most interested in.
      7. Any mass e-mailing made will be done so AT MOST once every month. All other e-mail subscriptions/services I may create/administer for this site will be strictly voluntary with defaults set to "NOT SUBSCRIBED".

   3. YOU UNDERSTAND AND AGREE TO:
      1. Abide by the rules that are posted for different sections such as but not only the fanfiction posting rules
      2. Uphold the locals laws as applicable to your actions when viewing and posting of content to the site
      3. Honor the requests made by LeeWilbur.com agents such moderaters, etc. as applicable to your actions on the site
      4. Check for updates and update notices of the rules and the terms of use on the main page and with in pages on LeeWilbur.Com
      5. The following Code of conduct:
         1. All information, text, images or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, not LeeWilbur.Com or its owner/operator, are entirely responsible for all Content that you upload, post, transmit or otherwise make available via the LeeWilbur.Com.
         2. LeeWilbur.Com does not actively control the Content posted via the Service and does not guarantee the quality of such Content. You understand that by using the Services on this site, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will LeeWilbur.Com be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the site.
         3. You agree NOT to use the service to:
            1. Upload, post or otherwise make available make available any Content that is unlawful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or otherwise objectionable
            2. Impersonate any person or entity
            3. Upload, post or otherwise make available Content that you do not have the legal right to under the law.
            4. Upload, post or otherwise make available material that is unsolicited advertisements, promotional material, spam, etc
            5. Interfere with or disrupt the Service or servers or networks connected to the Service
            6. Intentionally or unintentionally violate any applicable local, state, national or international law
            7. Stalk or otherwise harrass other users

         4. You acknowledge that LeeWilbur.Com does not pre-screen Content, but that LeeWilbur.Com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, LeeWilbur.Com administrators shall have the right to remove any Content that violates the terms of use or is otherwise objectionable.
         5. You acknowledge and agree that LeeWilbur.Com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
            1. Comply with the legal process
            2. Enforce the terms of use
            3. Respond to claims that any Content violates the rights of third-parties
            4. Protect the rights, property, or personal safety of LeeWilbur.Com, LeeWilbur.Com staff, its users and the public.

         6. Accept advertising from third parties as part of every page of this site. Pop-up windows will NOT be used.
         7. You understand that the technical processing and transmission of the Service, including your Content, may involve:
            1. Transmissions over various networks
            2. Changes to conform and adapt to technical requirements of connecting networks or devices. These changes will be done with out notification based on the software and/or hardware. The author/poster is advised to check the formatting of their posts.

      6. SERVICE CHANGES:
         1. LeeWilbur.Com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that LeeWilbur.Com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

      7. TERMINATION:
         1. You agree that LeeWilbur.Com, in its sole discretion, may terminate your account and remove and discard any content, for any reason if LeeWilbur.Com believes that you have violated or acted inconsistently with the letter or spirit of the terms of use. LeeWilbur.Com may also in its sole discretion and at any time discontinue providing the service, or any part thereof, with or without notice. You agree that any termination of your access to the service under any provision of this terms of use may be effected without prior notice, and acknowledge and agree that LeeWilbur.Com may immediately deactivate or delete your account, suspend posting priveleges and bar any further access to LeeWilbur.Com. Further, you agree that LeeWilbur.Com shall not be liable to you or any third-party for any termination of your access to the service.

      8. LINKS:
         1. The Service may provide links to other World Wide Web sites. Because LeeWilbur.Com has no control over such sites and resources, you acknowledge and agree that LeeWilbur.Com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that LeeWilbur.Com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
         2. You understand that while LeeWilbur.Com makes an effort to verify links on the site, LeeWilbur.Com is not responsible if links to other World Wide Web sites are bad. If links are bad in the Links section of LeeWilbur.Com or contain inappropriate content, LeeWilbur.Com and its administrators requests that users notify the administrators of this problem by e-mailing them.

2. FANFICTION.LEEWILBUR.COM:

   1. SERVICE DESCRIPTION:
      1. The FanFiction part of LeeWilbur.Com is intended to provide authors of fan fiction for any sci-fi/fantasy/horror work of fan fiction (using both original and/or pre-established Television, Motion Picture, Book, Comic Book, or other pre-established characters) a place to post them and to allow others to read them. The works posted here should be rated PG or PG13 (though R rated work will be accepted, however X rated work will NOT be accepted). Ultimately, the site may include areas to review works and communicate with the authors.
      2. I do not read or review all the submitted material. I am therefor not responsible for misrated works or works that are submitted that do not conform to the terms of use. If you are concerned about a works' appropriateness, please bring it to my attention and I will review the peice on a case by case basis. Please be sure to include the exact area(s) you are concerned with.
      3. The services are free to the users of this site. However, to help support this site, advertising may be displayed. Advertising will not, however, dominate the page.

   2. YOUR RIGHTS AS AN AUTHOR:
      1. By submitting work(s) for posting on this site you are agreeing to grant the owner of the web site non-exlusive license to publish your work on the internet, with the understanding that your work may be copied without either the site owner's approval or your own. If such copying should occur, the owner/operators of this web site are NOT RESPONSIBLE for it's duplication or any damages suffered from its duplication. Note: The Easy Download feature, as it currently exists, is merely to provide a link to a zip file containing your story, including all it's parts to date. Otherwise, stories are displayed as raw text only. Please format accordingly.
      2. Should you wish to have your work removed from the site, you should make a request to the web site owner/operator and it shall be removed within thirty (30) days of the received request. At the time of request you will be essentially revoking my license to FURTHER publish your work(s), which I must comply with within thirty (30) days.
      3. A ratings system may be put in place in the future. Such a ratings system will not "highlight" the less than exceptional works, but will highlight the more than exceptional works. To enure an accurate ratings system, only one rating per user per work will be allowed, if and when the ratings system is in place.
      4. Should you check the box in the submission form indicating you will allow PDF compilations, you accept that once made, a PDF compilation will not be recalled. You do have the right to change your settings to not permit them. But once done, it's done.

   3. ACCEPTIBLE WORKS:
      1. All submitted works are to conform to the following rules:
         1. No explicitly pornographic scenes. (NO RATED X MATERIALS; R is acceptible - Infrequent use of vulgar language/explitives is permitted).
         2. All works should credit all appropriate authors.
         3. No submitted work should infringe upon the copyrights of others, either domestic or internationally.

      2. Samples:
         1. Do not post them. Stories in progress (chapter at-a-time postings) are allowed, but any "sample" will be removed without notification to you.

      3. Chapter-at-a-Time Postings:
         1. If you do not post prior chapters or future chapters of any given work, posting of the single chapter will grant me rights to publish the rest using the same specifications as that one chapter.
         2. You can revoke my rights to publish all chapters of a given work by requesting one chapter (file) be removed. Basically - it's an all-or-nothing situation. Either you allow me to publish the entire work or I do not publish any of it.
         3. If any chapter violates other rules on the site, the entire work will be removed from the site.

   4. FAILURE TO ACCEPT ANY OF THE ABOVE TERMS MAY RESULT IN THE FOLLOWING:
      1. Removal of the work from the web site.
      2. Censoring of the objectionable content by having it replaced with comments indicating what has been done
      3. Removal of all your works from the web site and termination of your account.

   5. COPYRIGHTS and COPYRIGHT AGENTS:
      1. LeeWilbur.Com respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, there are two methods of recourse depending on the nature of the infraction. If you have a copyright abuse complaint based on theft of your piece by other fan authors, please see the following section on "Domestic Copyrights". Otherwise, please provide LeeWilbur.Com with the following information:
         1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
         2. A description of the copyrighted work that you claim has been infringed;
         3. A description of where the material that you claim is infringing is located on the site;
         4. Your address, telephone number, and email address;
         5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
         6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

         After this has been received, LeeWilbur.Com administrators will seek to determine if the piece in question is in violation of your copyright and then respond accordingly.

   6. DOMESTIC COPYRIGHTS
      1. LeeWilbur.Com respects the intellectual property of others, and we ask our users to do the same. If you feel that your writing was copied with out permission and in violation of your copyright by another writer on LeeWilbur.Com, please provide LeeWilbur.Com administrators with the following information via e-mail:
         1. Pen name and e-mail address.
         2. Contact information for the author you feel is violating your copyright. This information should include the author’s pen name, e-mail address, and author profile url.
         3. The url of the piece that you have the copyright for, the date that the story was posted, and the title of the piece.
         4. The url of the piece that you feel is in violation of your copyright, the date the alleged infringed piece was written and the title the alleged infringed piece.
         5. Supporting and collaborative evidence that demonstrates copyright infringement.
         6. A short message detailing the nature of the copyright infringement.

         After this has been received, LeeWilbur.Com administrators will seek to determine if the piece in question is in violation of your copyright and then respond accordingly.

• May 8, 2002 - Agreement created.

LastUpdate:
May 8, 2002