On Fri, 22 Nov 1996, Alan Deikman wrote:
>
> >From: alancz@ix.netcom.com (Alan Czarnek)
>
> >Do any of you have 'terms of service' that a new subscriber
> >has to agree to before they are allowed on the list?
>
> My list goes as follows:
>
> " ... in all events what I say goes. Oink."
>
> There is really nothing else of importance you can say there,
> unless you get them to recite a pledge of allegiance or something.
>
Generally, there is a difference between a list manager stating a policy,
upon which he's prepared to act, and communicating a terms of service
agreement which others must affirmatively read and accept... like any
agreement / contract.
I suspect that the main value in the first case is laying out the
conditions on which service to the subscriber may be terminated or
suspended. In the second case, various legal protections and
understandings are spelled out which may go well beyond the simple remedy
of expelling someone.
For example, the mere act of expelling someone *might* be viewed as a
libelous or slanderous act... they may perceive something to sue over on
this, or on a contract basis....such as "they have a right to remain"
they've been damaged in their financial life...etc.
A contract of indemnity, or limitations of liability would at least offer
list managers a legal leg to stand on if sued sometime in such contexts.
The defense to suits would arise from what is in the "contract" which new
subscribers accept and agree to upon admission.
It is surely more formal. The alternative is to accept whatever legal
risks may come with each person who "walks through the door" over future
years.
James Cook
--
______________________________________________________________________________
James Cook * Information Professionals List
jcook@ipn.net * IPN - Information Professionals Network
jcook@netcom.com * World Wide Research & Liaison For
http://www.ipn.net Investigative & Information Professionals
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