Qumahlin
Never Enough Time
Premium,MVM
join:2001-10-05
united state
| reply to JoeOnSunset
Re: just use trillian or gaim
said by JoeOnSunset  :I'm always amazed on BBR at these lengthy conversations of the applicability of various pieces of TOS's. The fact of the matter is: the law and case law interprets and construes TOS's and does so differently in different jurisdictions. The terms they add are often disregarded. Just because they say often, for example, that by using the service you agree to whatever the terms are, even if they've changed since they last time you saw them, doesn't mean it's so. They put that here hoping that later they'll win in court, but often they lose. Can you give an example of "often they lose"? I am not aware of any major/current court case where a ToS/EULA has been found invalid.
The core reason being if you violate the ToS your not breaking the law so the only applicable punishment is you can be banned from the service, in which case you have no legal recourse as AOL is not legally required to allow you to use AIM.
I've seen this come up at Comcast. We have customer who will violate the ToS, argue with us that they never accepted the ToS or signed anything. Well to bad, you violated it, your service is terminated, go find another provider. If the customer has the money they can attempt to take us to court, but the bottom line is we don't have to offer them the service in the first place so it really doesn't matter if the ToS was invalid or not, they still aren't getting their service back.
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