Discussion:
What is the name of your state? AZ
I was wondering if this is actually true, I work for an anti-piracy group for three companies, and I got banned for talking to the owner of this site about the pirated programs on his site, he ipbanned me from his site and now I am researching if this disclaimer is legal!
"By entering this site you must agree with these terms and conditions
• You are not accessing this material to use it against the site operator or any person whatsoever in any conceivable manner.
• You may not enter this forum if you are affiliated with/represent/are visiting on behalf of:
-- Any form of law enforcement agency.
-- Any software corporation.(Including but not limited to IPS, Jelsoft, Template Monster)
-- Any type of Internet Security Expert or hacker;
-- And you are not a law enforcement officer, nor a postal inspector, nor operating under an assumed name or in cooperation with the CID, CBI, RIAA, MPAA, FBI or any criminal investigation; nor are you seeking out evidence which may serve as the basis for any charge of violating federal, state, or local laws.
• You understand and agree to bear the full, complete, and sole responsibility for bringing the downloaded material into whatever community you choose to do so.
• You will not contact the management without proof that whatever here is illegal and proof that you entered this site legally.
• None of the files are stored on the site and we don’t take any responsibility or liability with the indexed links given on the site.
If you don't agree to any/all of the terms listed, LEAVE THIS SITE IMMEDIATELY.
The person/persons who host and or created cheat-unit are not responsible for the actions of visitors to the site. If you enter cheat-unit private servers and you are NOT agreeing to these terms, you are violating code 431.322.12 of the Internet Privacy Act signed by Bill Clinton in 1995 and that means that you can NOT threaten any person (s) storing the files, cannot prosecute any person (s) affiliated with this server which includes family, friends or individuals who run or enter our site.
We do NOT support the use of illegal downloading of any type of digital media. This site is for personal, family and friends use only; we don’t charge anyone anything here and pay server costs from our own pockets. None of the files are hosted here, we only index them.
We do not monitor the contents of each forum. If any user participates in the illegal sharing of any copyrighted material that belongs to you, inform the Admin at [email]cheatunit@gmail.com[/email]
Thanks Admin"
Can I still go into the forum, and tell him that it is not legal?
Answer:
Even if terms of use constitute a contract (and I doubt this does) if it is against public policy it's not enforceable. This one seems to be just that. A webmaster may be able to ban you by technological means but if you can access the site, too bad for the webmaster.
Answer:
What is the name of your state? AZ
I was wondering if this is actually true, I work for an anti-piracy group for three companies, and I got banned for talking to the owner of this site about the pirated programs on his site, he ipbanned me from his site and now I am researching if this disclaimer is legal!
"By entering this site you must agree with these terms and conditions
• You are not accessing this material to use it against the site operator or any person whatsoever in any conceivable manner.
• You may not enter this forum if you are affiliated with/represent/are visiting on behalf of:
-- Any form of law enforcement agency.
-- Any software corporation.(Including but not limited to IPS, Jelsoft, Template Monster)
-- Any type of Internet Security Expert or hacker;
-- And you are not a law enforcement officer, nor a postal inspector, nor operating under an assumed name or in cooperation with the CID, CBI, RIAA, MPAA, FBI or any criminal investigation; nor are you seeking out evidence which may serve as the basis for any charge of violating federal, state, or local laws.
• You understand and agree to bear the full, complete, and sole responsibility for bringing the downloaded material into whatever community you choose to do so.
• You will not contact the management without proof that whatever here is illegal and proof that you entered this site legally.
• None of the files are stored on the site and we don’t take any responsibility or liability with the indexed links given on the site.
If you don't agree to any/all of the terms listed, LEAVE THIS SITE IMMEDIATELY.
The person/persons who host and or created cheat-unit are not responsible for the actions of visitors to the site. If you enter cheat-unit private servers and you are NOT agreeing to these terms, you are violating code 431.322.12 of the Internet Privacy Act signed by Bill Clinton in 1995 and that means that you can NOT threaten any person (s) storing the files, cannot prosecute any person (s) affiliated with this server which includes family, friends or individuals who run or enter our site.
We do NOT support the use of illegal downloading of any type of digital media. This site is for personal, family and friends use only; we don’t charge anyone anything here and pay server costs from our own pockets. None of the files are hosted here, we only index them.
We do not monitor the contents of each forum. If any user participates in the illegal sharing of any copyrighted material that belongs to you, inform the Admin at [email]cheatunit@gmail.com[/email]
Thanks Admin"
Can I still go into the forum, and tell him that it is not legal? Who cares if the disclaimer is legal? It's his site, he can ban anyone he wants.
Now, the disclaimer won't protect him if he really is hosting illegal software -- he can't simply disclaim liability like that -- but if you are asking if the disclaimer is "legal," well, that's not really relevant. Legally, the disclaimer won't relieve him from liability for hosting illegal materials. Legally, he can ban anyone he wants, for whatever reason, regardless of whether or not he has a TOS or disclaimer in the first place, and whether or not the TOS or disclaimer says anything about banning.
Answer:
I just wanted to know if that bill that Clinton signed is really legit, I read some places he never really did sign the bill, but I don't know, and I know he can ban me for whatever reason, but can he say that I wasn't allowed in because I wasnt following his disclaimer?
Answer:
I just wanted to know if that bill that Clinton signed is really legit, I read some places he never really did sign the bill, but I don't know, and I know he can ban me for whatever reason, but can he say that I wasn't allowed in because I wasnt following his disclaimer? There is no such law:
But even if there were, it's irrelevant -- he can ban you for ANY reason, even wrong ones...
Answer:
Correct me if I'm wrong, but ideally the purpose of legal fine prints (like the disclaimer for
this one) is really to protect you (as the site owner) from people who use your site. But you
can't contract your liability away for third parties who believe you're potentially infringing
their rights under whatever applicable law (e.g. copyright law).
IIRC Clinton signed an e-signature law type of thing back in 2000. So if you checked a box
besides something like "I have read the terms and agree to them", then you have virtually
agreed to them even if you really don't.
And even if it's not and you told him so, how are you going to hold him legally liable for it?
Answer:
And even if it's not and you told him so, how are you going to hold him legally liable for it? I don't even know what you're asking here. Are you asking how to hold him liable for his illegal content? or are you still asking about why he's allowed to ban you?
Answer:
I don't even know what you're asking here. Are you asking how to hold him liable for his illegal content? or are you still asking about why he's allowed to ban you? The questions were for the OP, not you.
Answer:
The questions were for the OP, not you. Haha sorry, thought you were OP. Didn't bother to look at names, just saw the letter D, heh
Answer:
I was never asking if he could ban me, I just wanted to know if I had to follow that disclaimer while going online to that website! Thanks for the help guys, I appreciate it!
Answer:
You can choose to not follow the rules of the site if you like, just like he can choose to ban you from the site if he likes.