LipCrack (lipcrack) wrote, @ 2009-11-09 12:27:00

So first query questions...which instead of Sales was directed to Abuse and Terms of Service...


Kevin [7:20:36 PM]: Welcome to our real-time support area, my name is Kevin, how can I help you today?
Alena [7:20:36 PM]: Terms of service question

[7:21:11 PM]: Hello I am not a member of you're service however I have read the terms of service and would like to ask a couple of questions.
Kevin [7:22:06 PM]: sure, I'll answer what I can
Alena [7:22:41 PM]: content of Subscriber's web site(s). By submitting content
and data to **.Com, Subscriber grants to **.Com,
its successors and assigns, the worldwide, royalty-free, and
nonexclusive license under Subscriber's copyrights and other rights,
if any, in all material and content displayed in Subscriber's web site to use,
Kevin [7:23:15 PM]: this is in reference to people visiting your site, we do not own the rights to it
[7:23:25 PM]: it pretty much means, you allow your site to be viewed on the internet
[7:23:42 PM]: because when someone views your site, they are pretty much downloading a copy of it
Alena [7:24:13 PM]: Well as an owner of the site and material on the site, i don't assign copyright's to anyone.
Kevin [7:24:27 PM]: correct, the copyright is yours
[7:24:31 PM]: as the creator of the site
Alena [7:24:39 PM]: and it's content.
Kevin [7:24:43 PM]: yes
Alena [7:25:20 PM]:
distribute, display, reproduce, and create derivative works from such material
in any and all media, in order to maintain such content on **.Com's servers
during the term of these Terms.


[7:25:41 PM]: I wouldn't asigning those right's to anyone.
Kevin [7:25:51 PM]: no
Alena [7:25:58 PM]: And I fail to to see how you're organization could suggest it.
Kevin [7:26:40 PM]: I'm not a legal representative, but from what I know, this has to do with allowing people to access your site
[7:27:12 PM]: when you have a site on the internet and someone visits it, their computer makes a copy of it and it ends up in their internet cache
Alena [7:27:20 PM]: So basically a legal representative hasn't written you're terms of service.
Kevin [7:27:31 PM]: so its saying you can't sue people for their computer making a copy of the site by visiting it
Alena [7:27:58 PM]: Well that's saying someone can take a copy of my work, and from it create anything they wish.
Kevin [7:28:13 PM]: no, I said, I am not a legal representative. I didn't write the terms of service
[7:28:32 PM]: but it was written by lawyers if thats what you are asking
Alena [7:29:05 PM]: well obviously it was written by lawyers with no regards to the law.
Kevin [7:30:32 PM]: well if you have questions beyond my abilities which are limited in this regard you can contact our legal department for clarification, they are found at legal@.com and are in from Monday through Friday 8 am to 5pm mountain time
Alena [7:31:05 PM]: and how can you possibley say that you're service does not allow me to send mail to purchased lists, you are in effect saying you prevent commerce or trade with the public.
Kevin [7:31:33 PM]: not at all, purchased lists are typically made through illegal means, we don't allow their use
[7:31:48 PM]: however if you create a list on your website from your viewers you can use that list
Alena [7:32:55 PM]: Actually I dispute that, what not reading the fine print of a contract or not understanding that by submitting to a service they assign the right's of their email to business groups wishing to purchase it for business purposes ?
Kevin [7:33:23 PM]: thats our rules, you have no obligation to use our services
Alena [7:33:31 PM]: that's right.
[7:34:28 PM]: but I can in terms of reporting include any thing you've mentioned for my readers to assess the level of service you really offer them
Kevin [7:35:23 PM]: no, I am not a legal representative and do not give my consent to publish any content of this chat
[7:36:44 PM]: you can post our terms of service which are located at
[7:36:51 PM]: this is public information
[7:37:15 PM]: what I have told you is my best understanding of this legal document, which as I've said, may or may not be accurate.

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