BrakeDanceJ

How 'legally binding' is a terms of service agreement

8 posts in this topic

Is a TOS agreement really 'legally binding'? This what I'm using on one of my sites; how will this hold up in the court of law?

THIS IS A LEGALLY BINDING CONTRACT WHICH YOU ENTER INTO BY ACCESSING ANY OTHER PAGE OR INFORMATION ON THIS SERVER OR SITE; OR BY COMMUNICATING WITH IT IN ANY FORM OTHER THAN FOR THE PURPOSE OF VIEWING THIS AGREEMENT.

ANONYMOUS SERVICE INFORMATION

RedCamber Racing is an anonymous service for automotive enthusiasts in the Chicagoland area. As an anonymous service, RedCamber Racing does not store logs of any personal identifying information about its members or users for extended periods of time.

LEGAL DISCLAIMER

We do not condone, encourage, or support any illegal activity on our site. This is an anonymous service and we take no responsibility for what is posted by our users. You are responsible for all content you submit. You hereby agree to hold RedCamber, its employees, associations, owners, members, sponsors, and anyone affiliated with the site, group, and service harmless from any loss, liability, damage, or cost you may incur. You also agree not to sue or hold legally liable any person or persons of RedCamber, its employees, associations, owners, members, sponsors, and anyone affiliated with the site, group, and service.

USERS NOT ALLOWED TO ACCESS REDCAMBER CONTENT

The following people/organizations/groups are not allowed to access any page or content on this website or server; and are not allowed to send any packets of information to this server. All users listed below must also disconnect immediately, and are unauthorized to access any other information on this machine whatsoever.

Any person employed by any government or government-funded entity.

Any law enforcement agent, officer, representative, or entity.

Any school, university, or educational institution; employee, staff member, or representative thereof.

Any law firm or legal organization, representative, affiliate.

Any member of the Recording Industry Association of America, Motion Picture Association of America, or any other person that represents right holders of or holds right to any intellectual property whatsoever.

Any person or entity accessing this site or its content in proxy, for, or in place of another.

Any person or entity accessing this site through someone elses credentials.

Any person accessing this site or its content to gather information in pursuit of, to further, or to establish any criminal or civil law suit against any person or group, at any time, for any purpose.

COSTS, CHARGES, and FEES ASSOCIATED WITH USING THIS SERVER/SITE/SERVICE

Any user or group who accesses this site is subject to the following fees. Fees may be waived at the discretion of the site owner. By entering this site, or sending any other information to this site or server; you agree to pay the following fees. You are entering a legally binding contract by accessing any other page on this server.

$1,000 Initial access charge. - By accessing any other page of this site, you are required to pay a one-time initial access charge.

$500/per kilobyte traffic charge. - In addition to all other fees, all users will be charged $500 per kilobyte fee for all traffic sent to and received from this server. This includes, but is not limited to email, page views, reloading this page, or pings. It includes all traffic to or from this server, in all protocols or formats, through all programs, tunnels, proxies, or networks.

$1,500/per email charge. - In addition to all other fees, all users will be charged $1500 per email sent to or received from this site, it's affiliates, sponsors, or owners.

$200/per page view charge. - In addition to all other fees, all users will be charged a $200 per page access fee. All pages on this site or server will be considered pay-per-view.

All fees are to be paid within 14 buisness days of you accessing the service. Failure to pay within the 14 days will result in a $100 per day late fee.

All fees are to be paid United States (USD) currency.

INTELLECTUAL PROPERTY

You agree to give the site owner rights to distribute any and all intellectual property you may have, represent, or act on behalf of.

NOTIFICATION CHANGE

These terms of service are subjected to change with or without your notification or approval. It is your responsibility to check for updates to this document. An updated version may be made available at http://redcamber.net/tos.txt

http://redcamber.net/

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I would love to see you attempt to enforce it.

My guess is that you would be laughed out of the court room. If you really want to be sure get a lawyer to review it.

Edited by chown
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The point about agreements is they have to be lawful to be legal.

For example, I don't think this:

You agree to give the site owner rights to distribute any and all intellectual property you may have, represent, or act on behalf of.

would stand in any court, mainly because it's just too invasive into personal freedoms.

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Let’s take a look at one of the subsections: dealing with law enforcement - even if you post that no law enforcement official can access your site or enforcing bandwidth charges. This document is at best shotty. Law enforcement personal have a duty to protect others from harm.

Overall what are your intentions’s with the above mentioned agreement, and what are you trying to protect you/your site from?

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I don't believe this is legal, because financial transactions require date information. A proper agreement would have a date at which the payment is legally required to be paid, and short of that, they could just keep the money they owe you indefinitely. You are also probably legally required to establish a method of payment before you can expect compliance.

Although, I don't doubt that even if you somehow handled these transactions on a personal basis, you WOULD be laughed out of the court room. Oh, and if you charge money the government can probably investigate and spy on your website all it wants.

EDIT: You should also realize that most people use the Internet through an IP address leased under someone else's name. You might as well just make the document say NO ONE IS ALLOWED IN THIS WEBSITE. You will definitely need a lawyer to make anything that will hold up in court.

Edited by clem
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Lol theres no point in asking for money when you can just waltz in without a password or anything, therefore you should concider it a donation...

Also, I know I'm setting myself up for a lawsuit because:

Any person employed by any government or government-funded entity. < I work for Health Canada.

Any law enforcement agent, officer, representative, or entity. < I help enforce Tobacco Control Laws.

~

Any person or entity accessing this site or its content in proxy, for, or in place of another. < I clicked it.

Lol, your rather strange agreement is pretty much saying, "No one is allowed in or I sue your ass off, but pay me and I might let you."

Edited by IndexPhinger
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On a side note I heard a podcast around a couple years ago, cannot remember which one, but it was describing how someone bought a piece of (I think it was Microsoft) software, and after reading the licence agreement, they didn't want to agree to it and tried to get a refund, but the refund was refused.

OffTopic I know, but this reminded me of it.

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