Turns out there is nothing in the TOS that states you cannot hire a subcontractor. Looks like my assumption was wrong.
XXIV. No Assignment
Neither these Terms Of Services nor any rights or membership granted to you hereunder may be sold, leased, assigned or otherwise transferred, in whole or in part by you.
http://www.textbroker.com/us/author-tos.phpJust as a point of interest. There are also several other areas of the ToS which you are breaching by doing this, including:
XII. Usernames and Passwords
If a username and a password are given to you by this Site, they shall remain the sole and exclusive property of this Site and are issued to you only in the form of a revocable license. You are required to keep the username and password confidential.
Also right at the beginning, the definition of the author and the services, and the reason for identity verification.
III. Access to this Site; registration
1. To access this Site or some of the content it offers or provides you with, you need to first register with this Site and provide us with certain registration data (name, address, e-mail address, etc.) or other information. Such a registration is in particular necessary if you as an author want to publish texts, lyrics or articles through this Site and want to use the corresponding services of this Site. For registration, please use our online form on this Site.
2. After registration we will verify the e-mail address you provided us with. We will then ask you to write a short first text to judge your writing skills. After reviewing this text we will open an author account on this Site for you.
3. The registration data or other information you provide us with MUST be accurate, current, and complete. If this turns out not to be the case, this Site has the unconditional right to refuse you further access to this Site or any of its content or services, and to terminate or suspend your access to or membership with this Site at any time.
As a matter of FACT, they are unlikely to discover that you are farming out the work. But as a matter of law, the ToS do both explicitly AND implicitly stipulate that you and only you are to do the work, that you are not to re-assign any of the rights or privileges granted to you by the site, that you must protect and keep confidential your username and password, etc.
I don't particularly care one way or the other, because it's none of my business. But you should realize that you are substantially breaching both the contract and the law (criminal potentially, civil in the form of contract law definitely). What you are doing could constitute a fraud, although I strongly doubt it would be prosecuted that way in the US. The law on fraud there generally seems to be more concerned with situations where a loss occurs (for TB) rather than simply yourself gaining a benefit (Disclosure: Not an expert on US fraud law, and not bothering to do a careful search through the relevant case or statute law, because it's not really my concern. That line is 100% opinion and could be incorrect). Again, you are (in my personal estimation) unlikely to actually face legal repercussions for any of this; in the event that the site operators 1) find out and 2) Actually care, they will probably just shut down your account and any dummy accounts which they have reason to suspect that you have commissioned.
If they DO decide to make some claim for damages, though - you're on the hook not only for any damages assessed but for their and your legal fees also. Variable with state - I think this agreement stipulates legal proceedings in the state of Wisconsin, and I don't know the case law in that state particularly. But I'd guess this clause would fly.
XXIII. Attorney's Fees
In the event any party (you or this Site) shall commence any claims, actions, formal legal action, or arbitration to interpret and/or enforce these Terms Of Services or issues relating thereto, including without limitation claimed breaches of representations and warranties, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available damages or other relief, its reasonable attorney's fees and costs incurred in connection therewith, including attorney's fees incurred on appeal.
Bottom line is that in all probability you'll get away with it, at least for a while, and if you are found out, you'll probably just get banned. But there are bigger and badder penalties available, and your transgression against the ToS isn't as slight as you seem to suggest.
I am not trying to pick at you - I have no interest or intention of dissuading you from undertaking this thing, but you seemed to actually believe that you were opening up no legal liability for yourself by doing this. If you believed that, that belief is false.
As long as you recognize the scope of your potential liability here, and provided that you're cool with intentionally breaking each of: TB's rules, the contract between you and them, and the relevant law.. then I genuinely wish you the best of luck in your endeavour. You'll probably make some decent cash, at any rate.
