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  1. #26
    OK How about if you spam, I will seize and destroy your property
    Cryptonomicon
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  2. #27
    Join Date
    Jun 2000
    Location
    Alabama of course
    Posts
    2,247
    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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  3. #28
    Join Date
    Jun 2000
    Location
    Orlando FL USA
    Posts
    1,315

    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...
    As the quote notes... I did not say "Contracts that are immoral are legal" nor did I say contracts that are illegal are enforcable". I said "Contracts that are legal, but immoral, are still enforceable. "

    Breaking knee-caps etc isn't legal so does not apply to my comment.
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  4. #29
    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.

    cheers
    Cryptonomicon
    --------------------

  5. #30
    Join Date
    Jun 2000
    Location
    Orlando FL USA
    Posts
    1,315
    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.
    Let's say it was wrong.... considering the fact that we are talking about soft data... I see the following showing up in the AUPs, if it's not already there...

    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.
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  6. #31
    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)
    Mmmmm OK, how about sites that collect data, like mine, it attempts to collects stats from people in the IT industry about their employment mode, how long they are out of work, what sector they are in etc etc

    That data is irreplaceable - ignore the fact that I need good backup procedures for this type of thing.
    Cryptonomicon
    --------------------

  7. #32
    Join Date
    Jun 2000
    Location
    Orlando FL USA
    Posts
    1,315
    yep
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