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Have You Really Read Your ISP's TOS?

NewtonsLaw writes "XTRA, New Zealand's largest ISP is in the process of losing customers in droves after it announced its new Terms of Service which seek to claim rights over customers intellectual property (see the Slashdot discussion). Now, if that wasn't enough, Aardvark Daily reports that the ISP is also banning its users from saying bad things (anything 'detrimental to our reputation or to our brand') about it. I wonder how many slashdotters have actually read their own ISPs' terms of service in detail? Is this type of IP-grab and clampdown on free speech is unique to Xtra or is it slowly pervading the whole industry, right across the globe?" Read on for Xtra's amendments to the original IP-grab terms, though.

Reader THX1138 points out that "After the very recent story on Xtra (New Zealand's version of AOL) they changed the IP section to include 'Xtra does not claim ownership of any content or material you provide or make available through the Services. However...' at the start and 'in each case for the limited purposes for which you provided or made the Customer Materials available or to enable us and our suppliers to provide the Services.' at the end."

81 of 394 comments (clear)

  1. giving up common carrier status by PD · · Score: 5, Interesting

    If they give up common carrier status and start controlling and owning everything on their network, does this mean that if terrorist sites or kiddie porn appear on their network, their CEO and board of directors will be habeas corpused off to Cuba? Or whatever the equivalent thing that New Zealand does to people they don't like.

    1. Re:giving up common carrier status by Coryoth · · Score: 5, Funny

      ...if terrorist sites or kiddie porn appear on their network, their CEO and board of directors will be habeas corpused off to Cuba? Or whatever the equivalent thing that New Zealand does to people they don't like.

      We believe in very harsh punishments for such things...I believe traditionally we just send them to Australia.

      Jedidiah

    2. Re:giving up common carrier status by alister · · Score: 3, Informative
      I don't know about New Zealand, but Australia's quite happy with Guantanamo Bay.

      David Hicks
      Mamdouh Habib

      This is in spite of calls by the Australian Senate for their release.

      I believe that New Zealand still retains some degree of self-respect.

    3. Re:giving up common carrier status by davisk · · Score: 5, Funny

      Yeah, that must be a harsh punishment indeed, depriving them of their sheep.

    4. Re:giving up common carrier status by Sique · · Score: 5, Informative

      In a lawsuit following a C&D case of Stephanie Graf vs. MSN Germany, which also claimed IP ownership of customer's material posted on MSN websites, MSN lost.

      Stephanie Graf (the ex-tennis-pro) sent a C&D letter to MSN to take off all fabricated nude pictures of her from MSN sites, with a penalty of 300000 DM for each violation. MSN refused the letter, but lost due to their Terms Of Service. The judge ruled, that if MSN is claiming IP rights on the material, then they are responsible also for the damage it causes.

      So maybe XTRA should look at the case (even though it is a german one), because if someone posts illegal material using XTRA, XTRA itself is liable for the damage done, if they are continuing to claim IP rights. The reasoning should also be valid under New Zealand's law.

      --
      .sig: Sique *sigh*
    5. Re:giving up common carrier status by gusnz · · Score: 2, Funny

      So what have the Aussies done recently to deserve such harsh punishment as telco executives? :).

  2. If they want to stake claim on my IP... by jazir1979 · · Score: 5, Funny

    ...they can have my slashdot posts!

    Nothing intellectual there, really :p

    --
    What's your GCNSEQNO?
  3. "clampdown on free speech" by Tailhook · · Score: 5, Insightful

    Is this type of IP-grab and clampdown on free speech is unique to Xtra or is it slowly pervading the whole industry, right across the globe?

    At what point did free speech become global?

    --
    Maw! Fire up the karma burner!
    1. Re:"clampdown on free speech" by Anonymous Coward · · Score: 5, Funny

      Around the time that America decided that you should all be free. For their version of free, of course.

      Thanks America, our benevolent overlord dictators of the world!

    2. Re:"clampdown on free speech" by alister · · Score: 4, Interesting
    3. Re:"clampdown on free speech" by PhilHibbs · · Score: 4, Insightful
      At what point did free speech become global?
      Just because the USA has free speech in it's constitution, doesn't mean that they have a patent on it. Of course there's no global right to free speech, but does that mean we should just shut up when it's threatened? I don't think this is a free speech issue really, though.
    4. Re:"clampdown on free speech" by jhunsake · · Score: 3, Funny

      benevolent overlord dictators of the world

      You write that as if its an insult.

    5. Re:"clampdown on free speech" by Jack+Zombie · · Score: 3, Insightful

      Who ever mentioned the USA? I'm guessing he must be talking about Canada, because, honestly, with all this terrorist paranoia going on, I don't believe anyone nowadays can say with a straight face that free speech (the right to say something you might not like) currently exists in the USSA.

      --
      "You should never doubt what nobody is sure about." -- Willy Wonka
    6. Re:"clampdown on free speech" by DarkVein · · Score: 4, Informative

      Depending on how you define "global", potentially 1948: Read Article 19 of the UN Declaration of Human Rights. Though the UN declaration is pretty damned modest, it does include freedom of expression.

      --

      I'm as mimsy as the next borogove but your mome raths are completely outgrabe.

    7. Re:"clampdown on free speech" by Ath · · Score: 4, Funny
      Thanks America, our benevolent overlord dictators of the world!

      You're welcome.

    8. Re:"clampdown on free speech" by Chaswell · · Score: 3, Funny

      Thanks America, our benevolent overlord dictators of the world!

      you're just jealous because we get to call our country's leader "Mr Hegemon."

    9. Re:"clampdown on free speech" by millard · · Score: 2, Insightful

      >So thanks again for the export of freedom (and patronising self-righteousness) to the world.

      From your post it sure seems that America doesn't have a monopoly on "patronising self-righteousness". I'm not a US citizen (in fact I have dual citizenship in two European countries) but I'm getting a little tired of the holier-than-thou attitude of many Europeans.

      I noticed you mentioned Canada, Australia and New Zealand. You neglected to mention such bulwarks of freedom as Uganda, Kenya, Tanzania (all part of British East Africa), Nigeria, etc. I don't think Britains can afford to be on a high horse about spreading democracy around the world.

      Human nature doesn't respect many national and even cultural boundaries. Even "democracies" (which I'll define here as nation-states with relatively free and meaningful elections) can do and have done evil things. No nationality is without sin and I don't think self-righteously casting stones is the answer.

      I don't mean to say that we shouldn't point out, protest, fight against the injustices, infringements upon human rights, etc. What I am saying is that it seems pointless to make "us good - you bad" statements. They're not likely to get through to anyone...

      Millard

      P.S.: I include the "the US is the beacon bringing enlightenment to a dark world" sort of attitude in the above...

    10. Re:"clampdown on free speech" by rhizome · · Score: 3, Insightful

      Well, if I see you burning a flag next to my town hall, I will exercise my right to free speach by beating you to a bloody pulp.

      Once you're threatening assault you're beyond free-speech issues, Mr. Redneck.

      If you feel that this country sucks so much that you are going to dishonor all of its citizens and their ancestors who laid down their lives for this country, then get the fuck out.

      Nice. "You're either with us or you're against us" is a rallying cry of the lowest sort. Laws have already been passed to reduce the number of freedoms US citizens have during these warlike times. You also seem to be operating under the assumption that the US would not have the freedoms it does without military action, but in the current environment it is the military action that is causing the number of American freedoms to shrink. Perhaps it's worth considering that the US actually has the freedoms it does *in spite* of what our soldiers have done.

      --
      When I was a kid, we only had one Darth.
    11. Re:"clampdown on free speech" by jfmiller · · Score: 2

      We hold these truths to be self-evident, that all [people] are created equal, and are endowed by there creator with certain inalienable rights among them are life liberty and the pursuit of happiness.

      The right to freedom of expression is not merely a legal bit in the US Bill of Rights but is implicitly and clearly part of universal human existence. Furthermore, these rights come with the responsibility that those who would exercised them in my, or any nation, be willing to defend such rights for all people, weather they are next door or an ocean away.

      JFMILLER

      --
      Strive to make your client happy, not necessarly give them what they ask for
  4. A *GREAT* ISP by Anonymous Coward · · Score: 5, Informative

    I live in the Portland/Metro area of Oregon and I *love* my ISP (http://www.easystreet.com).

    They are geek-friendly. They encourage limited sharing of your DSL bandwidth (I mean, as long as you lock it down with a password so not every yahoo driving buy can use it) and offer a lot toward the wireless community in Oregon.

    Not to mention, they have great policies about allowing you to run non-commercial web and email servers (which is important for me since I do a lot of small testing stuff) and are staffed by a lot of good people (some I've worked with before in a former life).

    Everything you could want in an ISP, they are. I have never had a problem with them. Period. They are always friendly, helpful, have 24x7 support. Even their second and third tier tech guys will get paged and call you back in the middle of the night if you are experiencing a severe problem.

    They also have people familiar in supporting non-windows OSes (mac, linux, etc) and offere their own tutorials for home networking.

    Overall they are very cheap (compared to cable at least - especially if you want static IPs. For the cost of one static IP with Comcast, you can get eight here).

    I've been with them for three years and since I work from home, I make HEAVY use of the DSL service. Qwest provides the actual line and I've only had two or three issues in all three years, total. One was due to a hardware problem at the PO-LOC (Qwest problem, obviously), one was due to the ISPs backbone getting torched for a few hours and another was up in the air - but eventually fixed itself.

    I would say that I have had approximately two days of down time in these three years. Remarkably good for all the benifits you get.

  5. Of course it is. by zorgon · · Score: 4, Insightful

    This is the next big thing for corporations to do, is to attempt control the content that flows over "their" wires. Fortunately governments have failed to control encryption (intentionally? adjust aluminum hat if you think so, but maybe) so this might not be as ominous as it first appears. But if the courts cooperate (i.e. subpoena your key) then ... hilarity may ensue.

    --

    I am quite civilized, and I should be brought a beer immediately. -- Bruce Sterling

    1. Re:Of course it is. by dknj · · Score: 4, Funny

      My mom's ISP, RCN, does control the content that flows over "their" wires... I quote from the Internet Access Agreement:

      (m) Scrolling. You agree not to cause the screen to "scroll" faster than other subscribers or users are able to type to it, or any action to a similar disruptive effect on or through the Access Service.

      Usually I just skim through the TOS to find my unlimited download and upload limits and find crazy lines like the one above.

      -dk

    2. Re:Of course it is. by panaceaa · · Score: 2, Informative

      Xtra does not claim ownership of any content or material you provide or make available through the Services.

      XTRA isn't claiming any property right on what you put on the Internet, such as Slashdot postings, email or files you upload to third-party web hosts. It's just claiming a right to redistribute content that you put on your XTRA-hosted website. I don't see anything wrong with that... if they don't declare their right to do so, you could sue them for redistributing your copyrighted material after you put it on their servers.

      It's careless how they phrased it though. Basically they claim they can use, copy, and redistribute your materials for whatever purposes they want, not just serving to web site visitors. In my opinion, they will probably clean this part up after they realize their mistake.

    3. Re:Of course it is. by TheLink · · Score: 2, Insightful

      1) That's not dumb. It's sad - it shows how many people are lame enough for there to require a rule like this.

      The rule allows an ISP to _quickly_ take action. Generalized rules could work ("be nice"), but the process won't be as streamlined or quick.

      2) The job of floodbots and other technical controls are to help enforce the rules (whether written or unwritten), not the other way round. Without the rules, people could _acceptably_ make a game of getting around bots and other controls.

      --
  6. TOS by Anonymous Coward · · Score: 5, Funny

    I haven't read my TOS yet, but I can tell you that my ISP is a total piece of sh

  7. Have your read Network Solutions Terms of Service? by g00z · · Score: 5, Insightful

    Speaking of insane "agreements"....

    The other day I purchased some domain space and dusted off my old domain name I had sitting around for about a year. When I went to change my DNS records via netsol, this is what I got:

    "It's appears you haven't agreed to our new revised terms of service. You must do so before you proceed."

    So, before agreeing to something I haven't even seen, I went and checked it out. HOLY JESUS -- The thing had to have been about 300 pages long. Besides being soaked in legal double talk, the thing was straight up unreadable in size. This is not service agreement, it's a freaking tome! Needless to say, while I tried to read it, it was all too much and I just agreed to it in the end. I mean, I just need to change a DNS record, not spend 2 days trying to digest the most uninteresting thing ever written. Besides, what if I saw something totally evil in there anyway? Chances are, I would have agreed. What am I going to do, let my domain name go to waste? I already payed for it. Shenanigans!

    It's a sad state of affairs. Shouldn't there be some sort of limit on the length of a TOS agreement? It reminds me of the old cartoons where somebody would pull out some insane contract with a library of congress's worth of text on the bottom that could only be read with a microscope.

    --
    "The Wright brothers were the first to fly with a heavier-than-air machine, but boy did they have a lousy plane"
  8. Well... by ATAMAH · · Score: 3, Informative

    Here is a bit of insight from a New Zealand resident. Xtra is actually an internet branch of Telecom New Zealand. Telecom NZ has been a monopoly here for a very long time, right untill a few years ago (about 4 years, approx.) a weak competition arrived in form of Clear. Weak, because Telecom owns the cabling throughout the country... Then australian Telstra came in, merged with clear and put their own cabling. Anyway, to cut it shorter: Xtra has always been obnoxious towards their customers, since there wasn't much choice in terms of decent internet service. However nowdays if they keep on going like that - they ARE going to loose big time, cause there are other ISPs available that do not depend on Telecoms bandwidth.

  9. In Breach by mvdw · · Score: 5, Interesting

    Before today, I'd only given the TOS a cursory glance, and I found that I am regularly in breach of a couple of the terms:

    1. "You must not maintain or permit multiple concurrent connections to the Internet Access." - I connect through a smoothwall firewall, which is connected to several computers, quite often two of these are in use concurrently;
    2. "never recording Your password on Your computer, and safely storing Your password"; - The password is stored on the smoothwall (encrypted, but still), so that anyone that knows the smoothwall password can access the internet... contrary to TOS above, it seems ;-)

    I don't really care too much, though, because it's only a dial-up connection, so the connection is inherently throttled...

  10. Kinda OT: NAT/PAT by Bios_Hakr · · Score: 4, Interesting

    My local ISP just started to roll out DSL. Our current service is 56k dialup limited to 90 hours per month. We pay about $30 for that.

    The new DSL is 1.5mbps "best effort". They have not mentioned any download caps, but they will probably be on the way soon. The worst part of the TOS is the restriction on NAT/PAT.

    They say that they can detect how many computers are on a network. For each computer, you have to pay an additional $60 for the exact same bandwidth. They don't even give you another modem for the extra $60.

    Anyway, how do you think they are detecting NAT/PAT? Is there any way to stop this detection? I had planned on running Gentoo or *BSD as a firewall, but paying more money for the exact same thing seems harsh to me.

    --
    I'd rather you do it wrong, than for me to have to do it at all.
  11. Legality by inaeldi · · Score: 4, Funny

    I've always wondered though, how can companies actually make clicking on an "OK" button legally binding? No witnesses, no signature, nothing. Although the best one I ever saw was "By opening this package, you agree to the terms and conditions contained within."

    1. Re:Legality by Sycraft-fu · · Score: 2, Interesting

      Well it kinda depends. For something like purchased software, no it probably isn't legally binding. It hasn't really been tested in court but my suspicion is that it probably wouldn't stand up. Manufacturers can try and place all kinds of crazy restrictions on stuff you buy but it doesn't work in general (legally speaking) because what's yours is yours.

      Now services are a little different. You aren't actually buying anything, you are just paying for the right to use something owned by someone else. This gives them quite a bit more latitude. When they spell out their ToS to you, it's more of a dictation than a contract. They are laying out for you how their service works and what is expected if you want to use it. If you don't like it, you are perfectly free not to use the service, but I don't have to change my rules for you just because you didn't sign a contract.

      To try an analogy suppose you need transportation: So I'm a car dealer, you go to me and buy a car. Wehn you purchase it I tell you "Now if you want to buy this, you have to agree not to play rap music with it". You agree, and then later I catch you playing rap on it. Not anything I can do, your verbal agreement means nothing. However suppose instead I run a car service. You contract me to drive you around. I tell you "Ok, you can play anything you like on the stereo except rap". You then proceed to play rap, and I terminate your service. I can do this since it's my car, and I'm just letting you use it.

      The first case is like what they try to do with software liscences, the second is like ISP ToSes. Now like I said, the software click-thru liscence is largely untested in court, but I have a feeling it won't really hold up. However the ISP ToS is no different than ToSes on many other kinds of service and there is little you can do about it. If you don't like it, don't use the service.

  12. The T&C changes by Anonymous Coward · · Score: 2, Interesting
    The important bit is that they have said they don't own it, but that...
    you grant to Xtra a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Customer Materials:
    • use, copy, sublicence, redistribute, adapt, transmit, publish, delete, edit and/or broadcast, publicly perform or display, and
    • sublicence to any third parties the unrestricted right to exercise any of the rights granted,
  13. Didn't read it by termos · · Score: 2, Funny

    I didn't read the TOS, but I used it as toilet paper.

    --
    Note to self: get smarter troll to guard door.
  14. Atlanta ISP changes by Lord+Bitman · · Score: 5, Interesting

    ISPs change-hands so often here, it's hard to keep up. When my ISP spontaneously became Comcast one month, I asked them to send me a new TOS. They said that their TOS was the same as AT&T's, but have refused to provide them. Am I bound to something they won't give me?

    --
    -- 'The' Lord and Master Bitman On High, Master Of All
    1. Re:Atlanta ISP changes by Sycraft-fu · · Score: 2, Informative

      More or less, but actually it isn't something to worry overly much about normally. For the most part any sort of service provider can lay out most any terms for their service. If you violate those terms, they can then stop providing service to you. It is, after all, TEHIR service and they can (within legal limits) do with it as they please. However, that is basically ALL they can do, discontinue service. Other than that they have little recourse. It's not like you face jail time for breaking a TOS (unless you were to do it by also breaking a law, but then the TOS is irrelivant).

      Ultimately, unless you are in a monoply situation, retarded TOSes will get snuffed out by capatilistic forces. People will simply be forced to other options and the company will loose money.

  15. Re:Kinda OT: NAT/PAT by ender81b · · Score: 2, Informative

    To my knowledge there is no way in heck they can detect another computer behind a Nat. It sounds like BS or a scare tactic. Absolutely ridiculous.

    While I on the subject of crappy ISP's I don't understand what is the point of all these conditions. I have friends that work for a fairly large (state-wide), very profitable, ISP that has none of this. Heck they even allow you to resell the service if you so desire. As they say, as long as they make money why should they care? As they see it these restrictive terms drive people directly to them. For instance they started reselling Time Warner's Cable service. TW prohibits Web Servers and such but they do not. Result - alot of customers switching over to them because of the less restrictive terms of use.

    If you are in Nebraska, or western edge of Iowa some areas of south dakot and Kansas, I highly recommend Internet Nebraska, they provide DSL, dialup, and cable and their terms and conditions are extremely reasonable. Not to mention they are nice people. =)

  16. Re:Kinda OT: NAT/PAT by lpontiac · · Score: 4, Informative
    Anyway, how do you think they are detecting NAT/PAT? Is there any way to stop this detection?

    It may be due to initial sequence numbers, or possibly the way that a computer responds to IP packets with certain header options set (although I'm not sure if that would be possible when NAT is involved). You could probably get around it by having OpenBSD do the NAT - as it can basically rewrite NATted packets so it looks like it's all coming from the OpenBSD box. The OpenBSD pf firewall is being ported to other BSDs too, apparantly, so you might find you can get it to do the same thing on FreeBSD.

  17. Re:My ISP's terms are very simple... by Crapflooder+Supreme · · Score: 3, Funny

    You're sure it doesn't say "\/\/3 0\/\/|\|Z04Z j00! \/\/oo+!!!!!!11!1!!"? There's a surprising number of ways to translate that into legalese, you know...

    --
    "Don't worry, it's not loaded." --Terry Kath
  18. Re:Have your read Network Solutions Terms of Servi by Jason1729 · · Score: 3, Interesting

    You complain about the agreement, but by agreeing to it, you mearly re-enforce that it's okay for them to do it. There are countless registrars out there now. Most will allow you to transfer a domain name for their annual fee and then include a 1 year extension so the transfer is basically free.

    By clicking you agree, you're voting with your dollars, and that's all that matters to these companies.

    Jason
    ProfQuotes

  19. AOL has a new TOS for you.... by ajs · · Score: 4, Interesting
    An interesting take on TOS agreements is AOL's new policy of imposing one on the rest of the Net by rejecting any connection to their MX servers on port 25 (incoming mail) before even negotiating far enough for the client to issue a greeting IF you are coming from an IP address that AOL considers to to be "dynamically assigned" (I have no idea how they define this, since my host is not in the MAPS DUL or any other blacklist I can find, and AOL's "tester" page refuses to tell me what they think is the problem because they want to reverse-map my IP and send a report to that domain, rather than by connecting to the IP itself or showing me the results on a Web page).

    This effectively means that no broadband, dialup or other ISP customers who get an IP address when they connect will be able to send mail directly to AOL, you wil instead be forced to use your ISPs or some other willing SMTP relay which AOL considers to be worthy of peering with. No more end-to-end TLS encryption and/or verification; no more routing around overburdoned ISP mail hubs.

    There is as yet no indication that I've seen one way or the other on what they're doing about DELIVERING mail to such addresses, but if you run your own mail server, be prepared to find that AOL.com no longer exists (which you may not consider "bad", exactly, and in fact I currenly have no plans to route around this particular damage other than to get my relatives to find new ISPs, even if that means going to MSN... *shudder*).

    Many have made the argument that this is reasonable for AOL to do because many ISPs have TOSes that ban servers. So far, the standard retort has been 1) no ISP bans direct-to-MX transmission of mail except where it is spam 2) most ISPs don't enforce said rule (and tacitly encourage users to roll their own) 3) not ALL ISPs have such restrictive TOSes, and of course 4) that's none of AOL's business when receiving an incoming message.

    For those who are interested in details, here's the almost useless blurb I get when telneting to port 25 on any random AOL MX host:
    550-The IP address you are using to connect to AOL is either open to
    550-the free relaying of e-mail, is serving as an open proxy, or is a
    550-dynamic (residential) IP address. AOL cannot accept further e-mail
    550-transactions from your server until either your server is closed to
    550-free relaying/proxy, or your ISP removes your IP address from their
    550-list of dynamic IP addresses. For additional information,
    550-please visit http://postmaster.info.aol.com.
    550 Goodbye
    Good luck!
    1. Re:AOL has a new TOS for you.... by Tackhead · · Score: 2, Insightful
      > For those who are interested in details, here's the almost useless blurb I get when telneting to port 25 on any random AOL MX host:

      Considering that 75% of my email every day is spam, and considering that about 90% of that spam is from clueless fucking idiots on DSL or cable modems who can't secure their fucking proxies (or who are deliberately leaving them open for $10/month from some fucking spambag), tough tittie.

      Don't like being lumped in with those fuckwits? Take it up with your ISP. Because it's your ISP's unwillingness to deal with aforementioend fuckwits that's resulted in the unfortunate situation you describe.

      I block 200.0.0.0/6 (200, 201, 202, 203) - LACNIC and a chunk of China - at the router. I also tag all inbound SMTP from 4.0.0.0/8, 12.0.0.0/8 and 24.0.0.0/8 as spam. To date, only one false positive from a company that had the misfortune to reside in AT&T netspace.

      Collateral damage sux0rz, but face it. 99% of residential broadband users have no intention of ever running their own MTA. The right thing is to have residential broadband port 25 blocked by default. Just like it is on dialups.

      For the 1% of residential broadband users that do wanna run a mail server, that's cool, but you should have to send email to your ISPs "oh shit we just realized the rest of the world is fed up with our bullshit and is blocking all of our customers in self-defense" desk, asking for the block to be removed .

      The longer your ISP takes to set that up, the more MXs are going to tell you (and anyone who looks like you) to 550-GFY.

  20. Re:Kinda OT: NAT/PAT by alister · · Score: 2
    Anyway, how do you think they are detecting NAT/PAT?


    Any number of ways. You might note different OS/browser references, or other differences in the way traffic is going from the ISP to you. The problem you face is that I reckon quite a few people will have DSL modems that are also routers. I know I do. And their TOS would seem to preclude this very sensible use of simple tools to protect your computer.


    Find another ISP, if you can.

  21. Re:Kinda OT: NAT/PAT by Technician · · Score: 2, Interesting

    Terms of service? Um, I don't worry about the TOS. I contact the ISP and let them know what I am going to do. I let them tell me what packages are provided for the service desired. I take bids. It levels the playing field quickly. You can get exceptions written into your TOS. When I was on Dial up, I even got permission to have an ocassional dual connection at no extra charge. I told them due to my work schedule, I may be home during the day while the wife is at work. She may check e-mail while at work while I was home surfing the web. No problem. Got it in writing. This doesn't mean sharing the account with all my extended family. That would be a violation of the TOS. It pays to ask for any exceptions you need to the TOS. Your milage is better with small local ISP's and not national mega ISP's. Mega ISP's legal department are too busy to consider the exceptions.

    --
    The truth shall set you free!
  22. Post each others' sites by PhilHibbs · · Score: 5, Interesting
    If I upload someone else's data, I have no right to grant the ISP the rights that they claim, therefore they don't have those rights. What I'm unsure about, however, is whether their terms of service prohibit me from posting material that I do not have the right to grant rights over. If so, then I probably can't post any GPL'd software. Let's look.

    Hmmm, this is interesting:
    You agree that all content, software, personal identifiers (including addresses) and anything else we make available to you in connection with our Services (together "Works") are protected by copyright, trade marks and other intellectual property rights and laws.
    So no posting Project Gutenberg texts, then. Taken literally, anything I post has to be trademarked.
    You warrant that you will not:
    • license, assign, otherwise transfer, make available or grant any interest in any part of the Works to any other person
    So, no GPL'd software that I wrote then, but presumably other peoples' GPL'd software is ok.
    Xtra does not claim ownership of any content or material you provide or make available through the Services ("Customer Material"). However, by placing any Customer Material on our Websites or Systems (including posting messages, uploading files, importing data or engaging in any other form of communication), you grant to Xtra a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Customer Materials:
    • use, copy, sublicence, redistribute, adapt, transmit, publish, delete, edit and/or broadcast, publicly perform or display, and
    • sublicence to any third parties the unrestricted right to exercise any of the rights granted,
    in each case for the limited purposes for which you provided or made the Customer Materials available or to enable us and our suppliers to provide the Services.
    Seems reasonable, they need the right to distribute the data, they might want to keep an archive, and they might want to sell that archive as an asset. Note the limiting nature of the last paragraph.

    IMO, there's nothing sinister here, although the first section I quoted is just incompetently written.
  23. Re:Have your read Network Solutions Terms of Servi by Anthony+Boyd · · Score: 2, Informative
    So, before agreeing to something I haven't even seen, I went and checked it out. HOLY JESUS -- The thing had to have been about 300 pages long. Besides being soaked in legal double talk, the thing was straight up unreadable in size. This is not service agreement, it's a freaking tome! Needless to say, while I tried to read it, it was all too much and I just agreed to it in the end.

    They changed the agreement quite a while ago, and like you I freaked out when I read it. Unlike you, I have left the "agree" link unclicked for months, while I slowly move my domains to other registrars. There are better (or equal) companies, why not move to them?

  24. Re:Kinda OT: NAT/PAT by Zeddicus_Z · · Score: 2

    Counting NAT'ed hosts. It's possible (due to the non-random way most OS's handle the IPid field (NOT sequence numbers) in TCP headers.

    AFAIK OpenBSD has a side-project going to negate this technique. However, i seriously doubt your ISP is actually putting this method into practice - its just too much work.

    --
    Janie took my gun...
  25. Prestel was doing that in 1986 by Alioth · · Score: 4, Interesting

    The thing about 'no derogatory comments about our service' is nothing new - in the mid to late 1980s, Micronet (and Prestel), an online service in Britain, also had the same thing. And they did threaten to kick off a friend of mine for complaining about Micronet in one of the message boards.

    Their AUP also didn't allow any kind of profanity in the message boards, either!

    They did have some good things (such as Shades the MUD, which is *still going* - telnet games.world.co.uk, yes, it's on port 23).

    That's not to say it's right. The "you must only say good things about us" clause was incredibly dumb, and people often pushed at them, just to see how far they could go.

    1. Re:Prestel was doing that in 1986 by MavEtJu · · Score: 4, Interesting

      You need to create an account before you can play Shades, and to
      enable us to register you, we need to ask five simple questions:

      1) Your real name:
      2) Your sex:
      3) Your age:
      4) Where do you live? :
      5) Your e-mail address:
      6) Where did you find out about us:
      7) What password do you wish to use (5-10 characters):

      count that!

      --
      bash$ :(){ :|:&};:
    2. Re:Prestel was doing that in 1986 by Imperator · · Score: 3, Funny

      Five of those seven questions are simple. Sex is never simple, and I often spend a long time thinking up new passwords, so that makes 5 simple ones.

      --

      Gates' Law: Every 18 months, the speed of software halves.
  26. Not all TOS/EULA/etc. are bad... by ottffssent · · Score: 5, Funny

    In fact, some I'm downright thrilled with.

    Like ones that come in text boxes that you can edit.

    Such as the agreement with ATI I cheerfully clicked my agreement to. When I was done with it, it said "In appreciation for downloading this driver suite, ATI inc. will send me one (1) riding pony in good health and standing in the equine community."

    They've since changed the format, but I still don't have my pony.

  27. Re:What TOS? by drfrogsplat · · Score: 2, Informative

    IANAL, but I believe that if you have not read the TOS, and have not been made aware of them, they are not binding.

    As soon as you become aware of the TOS however, you are (in most cases) obliged to read them and take the appropriate course of action if you disagree...

    This is what I have been told by a friend studying Law anyway (Australia)...

    Disclaimer: any law suits or bad karma related to this post may be directed to Xtra. All donations and good karma will be handled by me.

  28. Re:Kinda OT: NAT/PAT by mpe · · Score: 2, Informative

    While I on the subject of crappy ISP's I don't understand what is the point of all these conditions.

    At a guess they either employed or retained an overpriced "lawyer" who then has to do something to appear to be useful.

  29. Re:Have your read Network Solutions Terms of Servi by fishbowl · · Score: 2, Insightful


    "By clicking you agree, you're voting with your dollars, and that's all that matters to these companies."

    People will sign contracts without reading them because it is highly inconvenient to do otherwise. I regard that as their right, but I also think it's important that they suffer the full consequences if it backfires on them. God help you if I'm on a civil jury where you're a defendant that signed a contract without reading it. People don't read real world paper contracts that bestow financial obligations, what makes you think they read things like the software licenses or the back of the utility bill? They (reasonably) assume that there are no dire consequences awaiting them, so they choose to take the risk.

    Now, I do usually ask people that are getting married if they can briefly outline an understanding of the State marriage license. So far, not one has actually read it before signing....

    --
    -fb Everything not expressly forbidden is now mandatory.
  30. Re:This could be a liability by Zemran · · Score: 2, Insightful

    They are in NZ !!! *AA do not apply.

    --
    I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
  31. Re:dull by Hellkitten · · Score: 2, Insightful

    Clearly signing away rights to IP is equally incompatible with our way of life.

    Actually signing away rights to IP is essential to our way of life, e.g If you go to work for someone anything you create as part of your job be it physical property or IP belongs to the company. How would you get anyone to employ you if you didn't agree to that?

    --
    - We are the slashdot. Resistance is futile. Prepare to be moderated -
  32. Re:Have your read Network Solutions Terms of Servi by Jason1729 · · Score: 4, Insightful

    I agree with you, and I do read the contracts. When I was applying to access my bank account online, I was supposed to sign a form saying I'd read and agreed to the terms of service on a separate document. When I asked to see that document, the customer service person looked at me like I was nuts. It took her 10 minutes to find a copy and then I sat there and read the 5 page document. There was a clause that said they are not responsible if someone steals from my account even if it's their own employee acting through their negligence. Basically it gives them the right to take my money any time they want. Of course I refused to sign the agreement and from the reactions of the people there that was the first time it had happened.

    I was taking an IT law course at the time, so I took a copy of the contract to school and showed it to the lawyer teaching the course. He said if it went to court, a judge would probably throw the clause out, but it would cost so much to fight it, I'd still lose.

    I wonder how many people have signed their life's savings over to their bank like that without even knowing it. Jason
    ProfQuotes

  33. Re:For those that need it spelled out... by Zemran · · Score: 2, Interesting

    Go to Speaker's Corner in Hyde Park, London... You can give a speech there for free!!! and you can listen to one for free!!!

    On a more serious note, Speaker's Corner is really the historic start of free speech as British people have been legally allowed to get up at Speaker's Corner and say what they like for centuries, long before America was was even an idea.

    --
    I love stacking my barbecues in the shed at the end of summer - you can't beat a bit of grill on grill action.
  34. Re:Kinda OT: NAT/PAT by pla · · Score: 3, Informative

    To my knowledge there is no way in heck they can detect another computer behind a Nat.

    Well then, you need a knowledge infusion.

    You can detect multiple machines behind a NAT several ways, including IP header parsing, TCP sequencing, and others.


    A loophole in our favor still exists here, though. They can tell that you run multiple OSs, but not multiple distinct machines. So when you get the letter of death, just patiently explain your rather convoluted use of Win2k and Linux under VM, with Basilisk for Win2k allowing you to run Macintosh apps (mention other emulators as needed to account for all machines they may think they know you have). Then wait for the silence at the other end, and make sure they agree to remove whatever absurd charges they apply to your account before they hang up in shame and confusion.

  35. Legal hacking by NoBlock · · Score: 5, Interesting

    Just read the TOS for my ISP again and was reminded why I chose this ISP (even though it is not the cheapest available). One of the clauses says (roughly translated):

    All customers are allowed to hack the system. The first custormer that manages to get 'root' status will receive 6 months free use of the system. In return customer will explain how the system was hacked. Customers will take pains not to damage the system. Customers hereby give other customers to hack the system.

    I feel that this should be a standard clause in any ISP's TOS.

  36. Westhost looks okay by Quila · · Score: 2, Interesting
    This made my check my hosting service since I haven't looked in a few years. Clear terms:
    • Don't hack the servers or gain unauthorized access to accounts
    • No originating spam
    • No running chats without approval
    • Allows background scripts and self-written CGI as long as they don't screw with the system
    • If your scripts are resource hogs, they may ask you to upgrade your service
    • No IRC or IRC bots
    • No illegal stuff
    • No porn/obscene, etc.
    There is the phrase "or any other material which we deem to be objectionable" to include Satanic materials. However, that's a catch-all that I don't believe has been used. I'll ask.
  37. Why reading TOS is important by chrysalis · · Score: 3, Interesting

    Indeed, I never read TOS.

    But I really enjoyed my ISP. Fast, reliable, not that expensive, and my IP address didn't change as long as the gateway renewed the lease.

    But one day, friends using the same ISP told me that all their incoming connections got firewalled. They couldn't connect to their host any more, even through POP, SMTP or SSH.

    I checked it, and they were right. The ISP firewalled everything without any prior notice.

    A look at the TOS revealed that indeed, customers don't have the right to host any server. No SSH, no SMTP, nothing.

    I moved to another ISP since. The new ISP is a bit more expensive, but that's the price to pay to read in their TOS that servers are allowed, and NAT is allowed as well.

    --
    {{.sig}}
  38. Compuserve customer by rednuhter · · Score: 2, Interesting

    I used to work (partner) for Compuserve in the UK and as a tech/supervisor I was used to telling customers that although they did not use their account they had agreed to pay monthly by clicking the "i agree" button during signup.
    Until one day I went through all this and the guy said "no i did not", taken aback, I advised him that to get a compuserve account he MUST have clicked "I agree", he said not.
    Turned out that when buying the system the helpfull salesman set him up with the account (credit card details and all) and he had clicked "I agree", I advised the customer to take up this issue with the salesman ;)
    Never heard from the customer again.

    --
    ERR 411[Max number of witty sigs reached]
  39. Misconceptions of freedom of speech by Jesus+IS+the+Devil · · Score: 2, Insightful

    The article and the comments by many that have posted shows how ignorant Joe public really is. People keep on referring to this "right to free speech" as though it applies everywhere in all areas. Well sorry to burst your bubble, but that's not so.

    The right to free speech does not extend to private property. This is why if I'm inside your house and make a nasty comment about you, you are free to kick me out. The same goes for ISPs. You are subscribing to their service within their private property. If they choose to enforce their TOS a certain way, and you agree to it, then you have no case for this assertion of freedom of speech.

    --

    eTrade SUCKS
  40. heh? by lingqi · · Score: 3, Insightful

    I can't imagine that's something you can do because allowing bad things to happen is just kind of dumb.

    I mean I understand their point - that a benevolent hacking dude will hack the system, gleefully take the 6 monthes of free use, and tell them their security hole.

    But in reality, what people in their right mind would do that? I mean, assuming: The hacker was benevolent and wanted the 6 monthes. If you hacked the system - you have unlimited, forever usage of the system, hence the word "0wnz," I believe?

    If you are hacking with malevolent intentions, even less will there be a chance of you telling them what happened - and you will just, again, keep making use of the system to send out spam or look through your ex-gf's email or something.

    The only thing that I can imagine is bragging rights - but really who would you brag to? the trade off is "bragging rights to your friends + unlimited free use, forever (or, for a long ass time)" vs "bragging rights to your friends and your ISP + 6 monthes free use + ISP will probably forever look at you with extra caution." I really don't think the latter is worth it.

    By doing this you are (I think) voiding your rights of prosecution. It's like saying to people "Yeah if you can jack my lambo with its whiz-bang security system and I'll let you drive it around for half a day if you tell me how you jacked it." Are you nuts? If I go through the pains of jacking the car, you bet your butt you ain't getting it back. (The analogy works better if you imagine that the car-thief was only taking the car out at nights to pick up chicks or something - why would you give up that privledge for a chance to drive it for 6 hours during the day?)

    --

    My life in the land of the rising sun.

    1. Re:heh? by Montreal+Geek · · Score: 4, Interesting
      But in reality, what people in their right mind would do that? I mean, assuming: The hacker was benevolent and wanted the 6 monthes. If you hacked the system - you have unlimited, forever usage of the system, hence the word "0wnz," I believe?

      Once upon a time (a couple of years ago) I was sysadmin for a smallish ISP up here in Montreal. While out TOS didn't spell it out, it was my policy as well. (I was blessed with intelligent bosses/owners that decided from the onset that given that I was the security, its enforcement should be left to me).

      There have been a total of two compromises during the two years I worked there. Both were detected by my diagnostics within minutes. I let both play out to ascertain the intent and method, and one of the crackers was obviously a white hat given that noticing me on the box he talked me to tell me how he got in. The other was a silly warez d00d-- took me about 5 minutes to detect how he got in.

      In both cases, I restored offline, plugged the hole, then put the system back up.

      Having compromised a system does not give you "forever usage of the system".

      Just before I started work there, where was another (major) compromise of the entirety of the DMZ-- the security wasn't set up very well and each box trusted every other box. That took a complete redesign of the infrastructure, but it was also fixed. By the white hat that broke in and went to them with "Look. Obviously you need to hire a sysadmin."

      You get to guess who that was.

      Not everyone is a script kiddie, you know.

      -- MG

  41. One good point in the TOS by gujo-odori · · Score: 2, Interesting
    There is one bright spot in that impossibly awful TOS (maybe that should be "toss"). Their customers may not:

    knowingly or negligently transmit any virus or other disabling feature or any other similar software or programs that may damage the operation of another's Systems, data or other property

    In other words, you are responsble for the basic security of your computer. If you have an id10t problem and open up every attachment asking for your advice and get absolutely every virus that comes along - a pretty good definition of negligent, in this context - they can hold your feet to the fire for it.

    Anyone who has ever worked for an ISP would feel joy at having such a clause, b/c it would allow you dump a certain group of problem customers, should you choose to do so. Finally, being grossly stupid is a crime, or least a TOS violation. Woohoo! :-)

  42. It's what lawyers do.... by wrero · · Score: 5, Informative

    I own a small software company; the license agreement to use our software is about 25 pages long. It isn't off-the-shelf software, I won't bore you with the specifics, but it is niche market, mission critical software that really does need a lengthy agreement. I should also mention that the licensees *always* have their lawyers involved in the negotiation, it's not inexpensive software.

    At any rate, I have found that when you ask your attorney to write up an agreement for such-and-such, they will invariably write a very one-sided agreement, they will want the other party to sign their life away. After we have verbally come to terms with a new customer, our attorney writes up a license agreement, and more often than not he has put in major restrictions and terms which were not part of our verbal terms with the new customer - we then have to "send it back" to have our attorney remove restrictions which really are excessive.

    Before you say that our attorney is just trying to take more time and bill us more: he really isn't - he is just attempting to watch our back in every way he can.

    The flip side is also true, when a customer's attorney writes up the agreement, it invariably claims that the customer has exclusive, unlimited, rights to our software. It says that if they [the customer] stubs their toe after installing the software we are liable for millions of dollars. It says we cannot license our software to anyone else [as the customer "owns" it now], etc., etc.

    Needless to say, we won't sign such an agreement.

    In a nutshell, when attorneys write up any sort of legal document, they really do try to protect their customer in every way they can, and more often than not they go overboard. It really (imho) isn't their job to "see it from the other side", and hence the one-sided agreements.

    When you are negotiating an agreement and both sides are represented by council, usually a fair agreement comes out in the end - but when only one side is represented, you can get "terms of service" as that ISP has published.

    I suspect that the "fair" terms of service we do frequently see and agree to have been either not written by an attorney, and/or have had someone (but probably not the attorney) playing the role of the customer and looking at the agreement from their point of view.

    Evidently, that didn't happen in this case.

    An interesting, off-topic, side note that an attorney once told me: If there is a grey area in a contract, usually a court will side with the party that DIDN'T author the contract.

    1. Re:It's what lawyers do.... by Sycraft-fu · · Score: 3, Insightful

      The objection with normal software liscences that are like this is that there is no negoation. They sell you software, without disclosing any sort of agreement a priori, and tehn expect you to accept it, without any sort of legal negoation or signing taking place. This would be akin to buying a TV, opening the box, and finding a document that prohibited you from doing all sorts of things such as watching certian channels.

      So it would seem they have legality problems in several areas:

      1) There is no room for negotiation. You buy something and are then told you must agree to certian terms, even though you already bought it. Real contracts have to be negotiated beforehand. This would be like renting an apartment, and only being informed of the lease terms AFTER already paying for it.

      2) There is no actual signature. Real contracts HAVE to be signed, and they have to be signed by an adult. There is no singature with a softwre click-thru liscence, and it can be clicked by a minor, who may not legally enter into a binding contract. Thus, it is hard to call a real contract.

      3) It's a huge legal contract for a small-ticket item. I mean the average EULA is about 3x as long as my lease agreement. There is something really wrong with that. How can it be that a $40-$50 consumer item, that is no different on a fundimental level than a toaster or the like that we buy every day with no contract at all, require more legalese than renting a dwelling costing near $1000 each month? It seems absurd that a person would be required to reand, understand and agree to a multi page document for a trivial good. Imagine if ALL good tried to do that.

      This is all an aisde to the main sotry, really, since that is about services, which have really different rules than goods. A terms of service agreement isn't really a contract, it's a mandidate. You are telling your customers that if they want to use your service, this is how it is going to be. If they don't like it, they are free to not use your service.

  43. And before the American claim free speach they... by boogy+nightmare · · Score: 2, Insightful

    might want to consider..

    Article 9.
    No one shall be subjected to arbitrary arrest, detention or exile.

    hmmmmmmm

    cuba springs to mind here.

    dont fight for one right above all only to turn around and find you have lost everything else.

    A

    --
    Kingdom of Loathing (www.kingdomofloathing.com) Addicted is me
  44. Re:dull by Hellkitten · · Score: 2, Interesting

    And how does that affect the logic behind "When you work for someone they have the right to your work.

    I was arguing that signing away copyright can't be made illegal, because that would make it impossible for companies (big or small) that create IP (developers, newspapers, research ...) to exist, since any employee could quit and take the copyright to the companys product with him.

    That doesn't mean that we should accept giving away copyright to anyone. Your ISP shouldn't take over any copyright. Nor should your job have any stake in IP you create on your spare time, unless it can be proven that it originated from your work

    --
    - We are the slashdot. Resistance is futile. Prepare to be moderated -
  45. I just read them and... by tijsvd · · Score: 2, Interesting
    No such thing in the terms of my ISP (dutch). However, I noticed another interesting passage (article 4.4, freely translated):

    "Customers are allowed to hack into the XS4ALL systems. The first customer to gain administrator rights gets a 6-month account for free. The requirement is that no damage is done, privacy of other customers is not broken, and that the full procedure is explained."

    Now that's what I call a provider.

  46. Cox High Speed Internet by Wubby · · Score: 2, Informative
    Here is an excerpt from the "Cox Hign Speed Internet" service. One of the big cable providers in the US.
    Original here.

    Cox does not claim ownership of material you submit or make available for inclusion on the Service. However, with respect to material you submit or make available for inclusion on publicly accessible areas of the Service, you grant Cox a world-wide, royalty free and non-exclusive license(s) to: use your material in connection with Cox's businesses including, but not limited to, the rights to: copy, distribute, publicly perform, publicly display, transmit, publish your name in connection with the material, and to prepare derivative works. No compensation will be paid with respect to the use of your material.

    Be careful what you post with them.
    Thankfully, no restrictions on how you talk about thier service. Just the usual "no bad stuff".

    --
    Sig
    Appended to the end of comments you post. 120 chars
  47. Express Network TOS by Fratz · · Score: 2, Interesting

    The TOS for the Express Network basically says that you are not allowed to use Express Network. For anything.

    Specifically, they prohibit "machine-to-machine" connections, which, as far as I can tell, limits you from connecting your Express Network enabled computer to any other computer.

    Oddly, they say you can use it to read email and surf the web, which I have a hard time reconciling with the whole part about how I'm not allowed to actually connect to the mail servers and web servers.

    --
    -- Fratz, human
  48. Re:Hypocracy! by reimero · · Score: 2, Funny
    My ISP prohibits the transmission of objectionable material. I guess that's why their usenet server offers over 390 alt.binaries.*.erotica.* groups.
    Okay, you lost me here... pr0n is "objectionable"????
    --

    ----------

    Something clever
  49. I'd be worried about what Comcast can do... by kiwimate · · Score: 2, Informative

    I'm on Comcast in Pennsylvania. A couple of weeks ago they rolled out a change which happened to cause a major screw-up in my (Comcast owned) cable modem, and really confused my poor little PC due to the fact they hadn't considered all the ramifications of their change. (Exact details: long and boring, and I'm still figuring some of them out, because Comcast won't give me the information.) They pushed it out twice in two days, which meant I had exactly the same problem two mornings in a row.

    When I contacted them to ask them to politely explain what the heck they'd done (being a little irate as it had taken me two hours to determine just what was going on, not including all the downtime), they first told me they hadn't done anything, then admitted they had done something but it couldn't do what I said it had done and I was making it up, and finally told me "yes, we did it, gosh that's unfortunate, bad luck, goodbye".

    Comcast is appalling, and has no technical ability at all. (If I had the same amount of outage as they do, I'd be fired so fast my feet wouldn't touch the ground.) By the way, did you have a service level agreement with your old ISP? You don't with Comcast -- at least in Pennsylvania, you don't. That's right -- NO SLA at all.

    I could go on and on about Comcast. Unfortunately, they happen to fit in that last caveat of the parent poster -- they are indeed in a monopoly situation. Scum.

  50. If only ISP's kept their word... by pongo000 · · Score: 2, Informative

    You can get exceptions written into your TOS.

    When ATTBI was ATT@home, I had a written contract with them that stated, in writing, "static address due to home network." When ATTBI took over, they took away my static address, and basically told me to fuck off.

    So getting it in writing only works if you're willing to pony up the legal fees to file a breach of contract suit. Otherwise, written agreements are no better than a roll of blank toilet paper.

  51. IMPT: Slashdot owns your intellectual property!! by fixion · · Score: 4, Insightful
    See http://www.osdn.com/terms.shtml, the TOS for OSDN, the parent company that hosts Slashdot:
    With respect to text or data entered into and stored by publicly-accessible site features such as forums, comments and bug trackers ("OSDN Public Content"), the submitting user retains ownership of such OSDN Public Content; with respect to publicly-available statistical content which is generated by the site to monitor and display content activity, such content is owned by OSDN. In each such case, the submitting user grants OSDN the royalty-free, perpetual, irrevocable, non-exclusive, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, all subject to the terms of any applicable license.
    Sigh. This issues comes up every few months when someone actually reads the TOS. The OSDN language above is nearly identical to that of the New Zealand ISP as well as every TOS in existence.

    It's standard legal language to protect the service provider from idiots who want to sue them because "you, my ISP, made copies of my copyrighted web page available to everyone via the Internet!!!"

    Duh. That's what a service provider is supposed to do, but they have to include the kind of legal disclaimer above to protect themselves from litigious idiots.

  52. Here's my story of ISP abuse by Anonymous Coward · · Score: 4, Interesting
  53. Re:For those that need it spelled out... by bnenning · · Score: 2, Insightful
    Don't believe me? Ask the Dixie Chicks


    I must have missed the part where they were arrested for expressing their views.

    --
    How to solve most of our problems: 1.Lots of nuclear plants. 2.Cure aging.
  54. Re:Have your read Network Solutions Terms of Servi by Blue+Stone · · Score: 2, Interesting
    IANAnAnalLawyer, but, as I understand it, if you see something in a contract, you don't like, simply score it out, add whatever re-wording you want and sign the resulting contract.

    I did this with a government agency that wanted to have free and unfettered access to my private medical records.

    I scored that bit out, and added, that they may only have access upon contacting me first and obtaining my permission, and that I vet the information they can have access to (basically "no you can't have access", but less blunt.)

    I signed the re-written contract and heard nothing more about it.

    --
    Corporation, n. An ingenious device for obtaining individual profit without individual responsibility. - Ambrose Bierce
  55. Aardvark Sponsor by jesterzog · · Score: 2, Insightful

    It's probably worth pointing out that Aardvark Daily, the "news and commentary site" being linked to by slashdot, is sponsored by Ihug -- a rival ISP here in New Zealand. It's hardly an independant media source.