Draft Commercial Applications License Terms v2
[this is a draft - send me your thoughts]
You are a guest on this server. I fund the operation and maintenance of this website, weblog and domain. I welcome, without obligation, comments and thoughts that are intelligible, relevant, and written by humans in response to posts or existing comments on this site.
On the other hand material posted here that is not relevant to the referenced post or existing comments, incoherent, automated, that is copied to several other servers and that includes links or other references to websites that offer products or services for sale are subject to this contract:
By pressing the “Post” button on any comment form on this site or by invoking any mechanism that causes a comment or trackback to appear on this server, you accept this contract with these binding terms:
1. Your commercial material will be reviewed for a $150 reading fee per comment or trackback.
2. You agree to be subject to the laws of Maryland, United States of America for the purpose of enforcing this contract.
3. You agree to pay any and all costs, including, but not limited to, court and attorney fees, incurred in enforcing this contract.
4. You agree to pay your obligation under this contract within 15 days by forwarding a check, payable in US funds to:
Rojisan.com Reading Fees
PO Box 5534
Laurel MD, 20726 USA
5. You agree to accept all costs associated with closing your obligation under this contract, including any researchers, investigators and collections agents hired by me.
6. You agree that the operator of the source computer and any commercial enterprises mentioned in or linked from the posted material will be held jointly responsible for all obligations of this contract.
7. You agree to waive any rights or expectations of privacy regarding the source computer, its operator(s) and any persons or commercial entities mentioned in or linked from the posted material, including correspondence in any medium util all obligations of this contract are met.
8. Acceptance of this contract and payment of obligations under this contract does not, in any way, guarantee that your material will be visible to the public. All material on this blog is present at my sole discretion.
thanks: jsled, loebrich, bill kearney.
Woot!!! You’ve made some progress there, rojisan!
Comment by justin — December 31, 2003 @ 12:35 am
i’m not a lawyer… so this is just a working model right now… obviously the first “simple, polite” version was laughed off by the perpetrators, so it’s unfortunate that i have to take this so seriously, but… hey. i could use the money.
Comment by roj — January 1, 2004 @ 2:34 pm
May I use your License Terms on my web site? May i modify them?
Comment by incognito — January 15, 2004 @ 11:18 am
yes, of course.
this license (such as it is) is specifically published under a creative commons sharealike license. see the link included at the bottom of the post.
Comment by roj — January 15, 2004 @ 11:33 am
Your terms would never hold up in court and i don’t think it will scare anyone that is spamming your site away.
Think about it..What if i post a link to Amazon.com’s products on your site… your gonna sue amazon…now you need to prove who did it. and most people have dynamic IP so that will not be easy.
anyway those terms are a waste of time to even bother to read
Comment by kevin — January 15, 2004 @ 1:07 pm
this had to come up, and i’m actually a bit surprised that it’s taken this long. since you’ve been so helpful today, i’ll give you some more reading material.
you need to pick a point - is it uneforceable?
“choice of forum” is upheld for online licenses in the case compuserve v. patteron (1996)
caspi v. microsoft network (1999) establishes click-through enforcability and choice of forum
and, since i’ve chosen maryland as my choice of forum, the various provisions of the ucita apply (maryland being one of only two states that passed this model legislation). i suggest you read a bit on that law before you dismiss this as not worth reading. skip reading my license at your own peril.
ease of enforcement is the other issue you’ve raised. yes. not easy. but then again, all i have to do is make the case…
Comment by roj — January 15, 2004 @ 6:15 pm
Thanks for allowing me to use your agreement. I saw the CC button link but still thought that it would me nice to ask.
Comment by incognito — January 16, 2004 @ 3:35 pm
Search Engine Cloaker - Cloaking Software
Comment by Search Engine Cloaker — October 23, 2004 @ 10:37 pm
I love what you have done to address VMC Satellite!!! They have unethical practices in other ways, also, and it’s all about them making a profit - no matter who they screw. Any new infomation on how it is going with them??
http://www.complaints.com/directory/2004/may/31/15.htm
Comment by AmericanPatriot — December 30, 2005 @ 12:15 am