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Date Posted: Tue, Apr 13 2004, 14:40:15
Author: Dragoness Eclectic
Subject: Re: Agreement Enforcement
In reply to: Heywood 's message, "Re: Agreement Enforcement" on Tue, Apr 13 2004, 13:28:03

>>>We can't sue them.
>>
>>Of all the stated rules -- even the ones barring
>>"obscene" and "threatening" material -- this one is
>>the most damaging. This means that there is no way
>>for us to complain about service, so they can TOSs
>>GAFF at any time with no repercussions.
>>
>>Just want to reiterate that, while bandwidth and space
>>are large concerns for GAFF, the single most important
>>factor in looking for a permanent home is the
>>Agreement compliance with GAFF material. After that,
>>bandwidth and space can always be negotiated, but
>>Agreements cannot.

Matt, I think you are over-reacting. Looking at the quoted text below...

>Lemme start digging.
>
><I>"The subscriber agrees to indemnify and hold
>harmless AMS from any claims resulting from the use of
>the service which damages the subscriber or any other

>party.</I>
>
>(skims) Not responsible for any claimed damages for
>servers going offline/unavailable (which means make
>your backups)... Not responsible for corruption of
>data, system downtime, lost profits, etc... Right to
>change the TOS...

Looks like standard boilerplate for a service that is not guaranteeing uptime or doing backups for you. They're making it clear up front they didn't promise you 100% uptime and no data loss, so don't bother suing for damages over it. I see it in site contracts all the time, as guaranteed uptime/guaranteed data recovery is a premium service you have to pay beaucoup $$$ for.

They have to have such text as self-defense in today's annoyingly litiguous society. Blame it on us Americans.. ;-)

Pay with a credit card, and if they don't have reasonable uptime, and don't compensate you for it, if you can convince the credit card company that services charged for were not provided, you get your money back with a chargeback. If you are leary of the possibility, check out their reputation and see if there are reports from unhappy or happy customers out there.

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