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Significant privity of contract issue, here... »
« Few people read them  
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Cheese
Premium
join:2003-10-26
Naples, FL
clubs:

reply to oliphant
Re: DSLR making S up again?

said by oliphant See Profile :

What I'm missing is I read the AUP and under the spam section there was no mention of worms or anything else.

This is what I'm looking at

quote:
All use of the Services will comply with the AUP, posted at »www.qwest.com/legal/. Among other
things, the AUP prohibits sending unsolicited e-mail messages, including bulk commercial advertising or informational announcements
(collectively, "Spam"), and Qwest will immediately terminate any account which Qwest believes is transmitting or is otherwise
connected with any Spam. You will pay Qwest's actual damages in any way arising from, or related to, any Spam transmitted by, or in
any way connected to, you, to the extent such actual damages can be reasonably calculated. If actual damages cannot be calculated
reasonably, you agree to pay Qwest liquidated damages of five U.S. dollars ($5.00) for each piece of Spam transmitted from or
otherwise connected with your account.
"any way connected to" looks to be translated by DSLR and everyone else into worms, but it doesn't actually mention that and unless I saw a history of enforcement along those lines I think DSLR and others freaking out are simply that...over-reacting to a very common clause in TOS/AUPs.
"in any connected to, you", I think it means, if they can prove it came from YOUR machine, not someone else's, then you are responsible.
Forums » Users Actually Read Qwest's TOSSignificant privity of contract issue, here... »
« Few people read them  


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