Results 26 to 32 of 32
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09-01-2002, 09:21 PM #26Junior Guru Wannabe
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OK How about if you spam, I will seize and destroy your property
Cryptonomicon
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09-01-2002, 09:28 PM #27
Anything can be legal in a terms of service as long as it does not violate state or federal law. Granted if you wanted to seize someones home you'd need a real signature to get it to hold up in court, but it would if you had that and followed the law in such cases. Banks take homes all the time for people not paying their mortgage
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09-01-2002, 09:33 PM #28WHT Forum Royalty
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Re: Re: Burn the Terms of Service - They aren't worth the ASCII! (Long)
Originally posted by Crypto
Wrong Otherwise I could have terms of service that says I can seize your home, break your kneecaps etc etc - and get away with it.
Great murder defence - sorry not guilty it was in my terms of service...
Breaking knee-caps etc isn't legal so does not apply to my comment.FutureQuest.net
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09-01-2002, 10:33 PM #29Junior Guru Wannabe
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Ture enough, but is the intentional or negligent destruction of data legal?
If it was a work of art, or a manuscript you had written, or data you had collected for research......
I would say no, but like much of IT law it would be worth taking to court just to have a clear precedent established.
If I could afford a lawyer - and the possible costs of losing, I would be making a claim against Rack Shack and Host Packet just to find out. It has all sorts of contractual implications and obligations.
Pity you actiually have to bring a case against someone to find out though, pity courts can't hear "template cases" to establish precedent before the event.
cheersCryptonomicon
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09-01-2002, 11:06 PM #30WHT Forum Royalty
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If I could afford a lawyer - and the possible costs of losing, I would be making a claim against Rack Shack and Host Packet just to find out. It has all sorts of contractual implications and obligations.
Deletion of all content without backup provisions will occur upon termination. (that's already in most)
and/or
All Data Uploaded to the server is considered a copy of the original data which remains in the Account Holder's posession therefore removing any liability of the "host" for the protection or storage of such data (already in most in the area of backups)
Therefore negating the issue of "they deleted my stuff"
DISCLAIMER:
I'm not defending the AUPs or the laws here...just pointing them out as I myself am forced to try to find the happy medium of true and correct services while being bound by the same rules and held responsible for the actions of my clients.FutureQuest.net
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09-02-2002, 02:46 AM #31Junior Guru Wannabe
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Originally posted by Deb
All Data Uploaded to the server is considered a copy of the original data which remains in the Account Holder's posession therefore removing any liability of the "host" for the protection or storage of such data (already in most in the area of backups)
That data is irreplaceable - ignore the fact that I need good backup procedures for this type of thing.Cryptonomicon
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09-02-2002, 02:57 AM #32WHT Forum Royalty
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yep
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