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Content Writing T+C’s

VPS.NET Paid Contribution Agreement

By submitting an article, you agree to the following Paid Contribution Agreement (Agreement) in its entirety. Thereafter, this Agreement shall apply to all Submissions, as that term is defined below, presented by you to us until terminated by either party. YOU EXPRESSLY AGREE THAT YOUR ASSIGNMENT OF RIGHTS SET OUT IN THIS AGREEMENT IS NOT REVOCABLE FOR SUBMISSIONS PRESENTED TO US PRIOR TO TERMINATION OF THIS AGREEMENT.

  1. This Agreement is entered into between Hosting Services, Inc. d/b/a VPS.net (VPS.NET, we or us) and the person presenting us with the Submission (you or your). This Agreement is effective as of the date you click "I accept" as recorded by our servers (Effective Date).
  2. From time-to-time you may provide written information to us related to the products and services we provide (each, a Submission and, together, the Submissions). These Submissions may include, but are not limited to, blog posts, answers to "frequently asked questions," technical advice, and other content. Submissions may be accepted, or rejected, for any reason, or no reason at all. We have no responsibility for Submissions that are not received or which are misdirected. You must be eighteen years old at the time you create the content that is included in the Submissions.
  3. Under no circumstances shall this Agreement create an employment relationship between the parties. Nothing in this Agreement shall be construed to grant you status as an employee, agent, associate, joint venture, or partner of ours. You do not have and shall not have any authority, and you shall not represent that you have the authority, to bind us, or to assume or to create any obligation or responsibility, express or implied, on our behalf or in our name. You shall not be entitled to any benefits accorded to our regular employees, including but not limited to workers compensation, private disability insurance, retirement plans, or vacation or sick pay (PTO). You shall be responsible for providing, at your expense and in your name, disability, workers’ compensation, or other insurance for you and any of your employees, as well as licenses and permits usual or necessary for creating and performing the Submission. You shall provide to us, upon request, any information reasonably necessary to determine your obligations under this Agreement, to fulfill the purposes of this Agreement, or to enable us to maintain accurate records.
  4. You shall determine the best way to create the Submissions. The Submissions must comply with the following editorial requirements:
    • The Submission must be original content generated by you solely for us, and relate directly to our products or services and their operation.
    • The Submission may not contain content that violates any law, is defamatory, harassing, indecent, obscene or otherwise injurious to a person, group of people, or belief.
  5. You agree that the Submissions, and any items associated with them are “works made for hire” and, as such, are our sole and exclusive property. In the event that a court of competent jurisdiction should determine that one or more of the Submissions is not a work made for hire, you hereby assign to us your entire right, title and interest (throughout the United States and in all foreign countries) in and to such Submission(s) made, created, developed, written or conceived by you during the Term, either solely or jointly with another, in whole or in part, either (i) in the course of the Agreement or (ii) relating to our actual or anticipated business or research or development, whether or not patentable, copyrightable or subject to other forms of protection, free and clear of all liens and encumbrances, including, but not limited to any liens for Payments, and we hereby accept such assignment. You agree to assist us at any time, and not just during the Term, in consummating, evidencing or otherwise effecting the assignment of each Submission as provided herein (which shall include but is not limited to any application for or registration or recordation of any patent, trademark or copyright), in any and all countries, which assistance shall include the execution of documents and any assignments to us or any person designated by us. In the event that we are unable for any reason whatsoever to secure your signature to any lawful and necessary document required to complete or evidence any such assignment (including, reissues, renewals, extension, continuations, divisions or continuations in part of any patent, trademark or copyright), you irrevocably designate and appoint us and our duly authorized officers and agents, as your agents and attorneys-in-fact to act for, and in your behalf and in stead of you, to execute and file such documents and to do all other lawful acts necessary or desirable to accomplish such assignment with the same legal force and effect as if executed by you. To the extent you cannot assign to us any rights in any Submission, you hereby grant us a perpetual, royalty-free, irrevocable, worldwide, exclusive license to use, disclose, reproduce, modify, license and distribute the Submission, including any and all derivatives of the Submission, and you further covenant not to sue to enforce any rights in and to the Submission against us, our assignees, subsidiaries, affiliates and licensees, and further agree to fully indemnify us as set out in this Agreement.
  6. You represent and warrant that there is no other contract or duty on your part now in existence that is inconsistent with this Agreement. You represent and warrant that all content comprising the Submissions is your original work and that you are not relying on any theory of intellectual property, including but not limited to fair use, to incorporate content you did not yourself create into the Submission. You agree that you will not breach any obligation of confidentiality that you have to others, and agree that you shall fulfill all such obligations during the term of this Agreement.
  7. You shall, and do, hereby indemnify and defend us and our parent, subsidiary and affiliated companies, and each of our and their respective officers, employees, directors, and shareholders, and hold each of the same harmless from and against any and all claims, demands, losses, costs, expenses, obligations, liabilities, damages, recoveries, and deficiencies, including interest, penalties, and actual reasonable attorney fees and costs, that such person any may incur or suffer and that result from, or which may in any way arise from (i) the Submissions, (ii) any breach or alleged breach of the terms of this Agreement, (iii) any third-party claims that any of the Submissions infringe such third party's rights, regardless of your defense, or (iv) any breach or alleged breach of any representation or warranty by you or arising out of your failure to obtain releases or permissions from third parties required in connection with the Submissions.
  8. NEITHER WE, NOR OUR PARENT, SUBSIDIARY OR AFFILIATED COMPANIES, NOR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS AND WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, MULTIPLE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT WHETHER BASED ON CONTRACT; TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE); OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF YOU HAVE ADVISED US OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY APPLICABLE AUTHORITY DOES NOT ALLOW THE DISCLAIMER OR LIMITATION OF LIABILITY STATED HEREIN, IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU WITH RESPECT TO ANY AND ALL BREACHES, DEFAULTS, OR CLAIMS OF LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT OF THE PAYMENT PAID BY VPS.NET TO YOU DURING THE TWELVE-MONTH PERIOD PRECEDING A CLAIM GIVING RISE TO SUCH LIABILITY.
  9. We agree to pay you $50 for each Submission that we post on one of our websites (Payment). You may choose whether to receive the Payment in the form of a check, PayPal or, if you are our customer, account credit. You will receive only one Payment per Submission, no matter the number of websites on which your Submissions are placed, or where we use them. You agree that the Payment shall be your only compensation for the Submission regardless of where the Submission is used, its form, or whether or not such a use is known now. Payment will be made approximately thirty calendar days from the date we post the Submission.
  10. This Agreement shall begin on the Effective Date and shall continue until one party provides the other with written notice of its termination. Notice shall be provided as set out in this Agreement. Should this Agreement be terminated, we shall continue to own the Submissions as provided above.
  11. You agree that you will not assign, sell, delegate, transfer, or otherwise dispose of, whether voluntarily or involuntarily, or by operation of law, any rights or obligations under this Agreement. Any purported assignment, sale, delegation, transfer or disposition shall be null and void. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors, and permitted assigns, and shall not benefit any person or entity other than those enumerated in it.
  12. The terms of this Agreement are intended by the parties to be the final expression of their agreement with respect to its subject matter and may not be contradicted by evidence of any prior or contemporaneous agreement, except as expressly set forth herein. The parties further intend that this Agreement shall constitute the complete and exclusive statement of its terms and that no extrinsic evidence whatsoever may be introduced in any judicial, administrative, or other legal proceeding involving this Agreement.
  13. This Agreement shall not be varied, altered, modified, changed or in any way amended except by a written instrument executed by the parties.
  14. If any provision(s) of this Agreement, or the application thereof to any person, place, or circumstance, shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, then such provision(s) shall be enforced to the fullest extent consistent with applicable law; such provision(s) as applied to other persons, places, and circumstances shall remain in full force and effect; and the remainder of this Agreement shall remain in full force and effect.
  15. The parties agree that all disputes shall be brought before the U.S. District Court for the District of Utah located in Salt Lake City, Utah (District Court). If the District Court may not consider the dispute, all disputes shall be brought before the Utah District Court for the first judicial district, located in Logan, Utah. The parties agree that these courts shall have exclusive jurisdiction over all disputes and other matters relating to the interpretation and enforcement of this Agreement. Further, the parties agree that venue shall be proper in the appropriate court set out above, and agree that they shall not contest notice from that court. State law issues concerning construction, interpretation and performance of this Agreement shall be governed by the substantive law of the State of Utah, excluding its choice of law rules.
  16. This Agreement shall be construed as a whole, according to its fair meaning, and not in favor of or against any party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit nor against the party responsible for any particular language in this Agreement. Captions are used for reference purposes only and should be ignored in the interpretation of this Agreement.
  17. This Agreement may be executed in counterparts, and agreed upon by facsimile, which will be considered to be a valid and binding signature and all of which together will constitute the same instrument.
  18. Notice
    • to us will be provided to: [VPS.NET 517 W. 100 N. Suite 225 Providence, UT, 84332]
    • We will provide notice to you using the account we have on file.
  19. The parties acknowledge that (i) they have each had the opportunity to consult with independent counsel of their own choice concerning this Agreement and have done so to the extent they deem necessary, and (ii) they have each read and understand this Agreement, are fully aware of its legal effect, and have entered into the Agreement freely based on their own judgments and not on the basis of any promises or representations other than those contained in such agreements.
  20. The following paragraphs shall survive the termination or expiration of this Agreement: preamble, 3, 5, 7-8, 11-12, 14-16, 18 and 20.