for sale etiquette?

From: der Mouse <mouse_at_Rodents.Montreal.QC.CA>
Date: Tue May 25 16:16:08 2004

>>> (the VCM's terms of service are unacceptable to me for [...]
>> Yeah, there's some funny stuff in those T&C.
> Such as?

Speaking personally?

- They require you to agree to California legal jurisdiction
  (unreasonable for individuals living non-near California, outrageous
  for individuals living outside the USA) and binding arbitrarion, with
  no right of recourse beyond that arbitrator.

- They require that the site be accessed via Web browsers only
  (unacceptable to me, as I want to fetch pictures).

- It requires that I use my full legal name. I don't even know what
  that _is_ by California law, and unless California law would let me
  use "der Mouse" (which it may, I've heard that in many jurisdictions
  a name you use long enough and consistently enough with no fraudulent
  intent becomes a legal name for you) it would be unacceptable, as
  that is the only name by which I am known in computer circles. Even
  if California law _would_ let me use "der Mouse" I would expect to
  have to fight for it, and I'm not willing to go to that much effort.

- I may not engage in "activities that may adversely affect the
  performance or stability of the Site". If I may not do anything that
  risks crashing it accidentally, I can't even _touch_ it!

- I am (well, would be) liable for my own acts and omissions, but the
  VCM isn't: "To the fullest extent permitted by law, the foregoing
  indemnities will apply regardless of any fault, omission, negligence,
  or breach of warranty or contract of the Operators of the Site or
  their suppliers, vendors, and assigns". Sorry; responsibility is a
  two-way street.

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Received on Tue May 25 2004 - 16:16:08 BST