UDWiki talk:Hosting Terms of Service: Difference between revisions
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==huh?== | |||
You people are nuts. | |||
I may be wrong... but this TOS is between K and his service provider. It doesn't apply directly to users of the wiki; I'd assume it does mean K is liable for our actions, though... Was this requested by Kevan? --[[User:WanYao|WanYao]] 04:36, 5 September 2009 (BST) | |||
:It sure is a good way to sound smart in an argument though eh? --{{User:J3D/ciggy}} 04:41, 5 September 2009 (BST) | |||
:Yes and Yes and Yes again. He is liable for our actions on the wiki, common sense dictates then that these are assumed enforced rules of the wiki as they are necessary for it's continued existence. --<small>[[User:Karek#K|Karek]]<sup><font face="Monotype Corsiva">[[User:Karek/ProjDev/OmegaMap|maps?!]]</font></sup></small> 05:28, 5 September 2009 (BST) | |||
::Exactly. He is responsible for what is put up onto his site. --{{User:DanceDanceRevolution/sigcode|Chartreuse}}-- 05:39, 5 September 2009 (BST) | |||
The wiki software runs under Kevan's user account. Ergo, the terms of service apply to it, and given that he has delegated the ability to create and modify certain of its content to registered users, it follows that it applies to us, as well. (IANAL.) Also, Wan, if you don't understand something, please don't mess it up, mmkay? <tt>:P</tt> {{User:Revenant/Sig}} 13:56, 8 September 2009 (BST) | |||
==So...== | ==So...== | ||
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====Third Party Copyright==== | ====Third Party Copyright==== | ||
* ''Upload, post or otherwise transmit any Third Party Content that you do not have a right to transmit under Law or under contractual or fiduciary relationships. | * ''Upload, post or otherwise transmit any Third Party Content that you do not have a right to transmit under Law or under contractual or fiduciary relationships.'' | ||
'' | |||
Notice it doesn't designate any particular countries trademark laws. [[User:Conndraka|Conndraka]]<sup>[[Moderation|mod]] [[User_talk:Conndraka|T]][[AZM]] [[Coalition for Fair Tactics|''CFT'']]</sup> 22:40, 5 March 2009 (UTC) | Notice it doesn't designate any particular countries trademark laws. [[User:Conndraka|Conndraka]]<sup>[[Moderation|mod]] [[User_talk:Conndraka|T]][[AZM]] [[Coalition for Fair Tactics|''CFT'']]</sup> 22:40, 5 March 2009 (UTC) | ||
:It's England's and Wales' laws. The line was accidentally removed [http://wiki.urbandead.com/index.php?title=UDWiki:Terms_of_Use&diff=1400016&oldid=1399548 with the SLA]. --[[User:Midianian|Midianian]]<small><sup>¦[[User talk:Midianian|T]]¦[[Developing Suggestions|DS]]¦[[Suggestions|SP]]¦</sup></small> 00:22, 6 March 2009 (UTC) | |||
::That was no accident, I thought it was common knowledge this place is run on English laws and stuffs. Maybe just a little tid bit at the top of the page is needed, but not the rest on that SLA stuffs.--<font face="Rage italic"><span style="color: DarkMagenta">Suicidal Angel,</span> [[User_talk:Suicidalangel|<span style="color: DarkGreen">Help</span>]] [[Project_Mentor|<span style="color: Black">needed?</span>]]</font> 01:24, 6 March 2009 (UTC) | |||
:::It might be a common ''assumption'', but keeping it here in writing will make it common ''knowledge''. The laws bit actually isn't part of the SLA in the original [http://www.poundhost.com/tos/ TOS], you seem to have made an error wikifying the thing. But yeah, the SLA is pretty much as irrelevant to us as the billing part which I deleted. --[[User:Midianian|Midianian]]<small><sup>¦[[User talk:Midianian|T]]¦[[Developing Suggestions|DS]]¦[[Suggestions|SP]]¦</sup></small> 14:16, 6 March 2009 (UTC) | |||
::::iirc at one point the wiki was based off a server here in the U.S. which is why I had a concern at all as to location. I think we can just plug in our current Copyright restrictions and go from there. [[User:Conndraka|Conndraka]]<sup>[[Moderation|mod]] [[User_talk:Conndraka|T]][[AZM]] [[Coalition for Fair Tactics|''CFT'']]</sup> 15:14, 6 March 2009 (UTC) | |||
====Copyright part 2 (repost of pirated materials?)==== | ====Copyright part 2 (repost of pirated materials?)==== | ||
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====Legal Mumbo Jumbo==== | ====Legal Mumbo Jumbo==== | ||
''PoundHost.com may without notice suspend restrict or terminate your access if such access shall prejudice the efficiency or integrity of the Site. If your server is attacked (DDoS) then we reserve the right to remove your server from our network without notice. PoundHost.com shall report if appropriate misuse or abuse of the Site by You to any regulatory authority or, in the case of criminal matters, the police. | ''PoundHost.com may without notice suspend restrict or terminate your access if such access shall prejudice the efficiency or integrity of the Site. If your server is attacked (DDoS) then we reserve the right to remove your server from our network without notice. PoundHost.com shall report if appropriate misuse or abuse of the Site by You to any regulatory authority or, in the case of criminal matters, the police.'' | ||
====Limitation of Liabilities==== | ====Limitation of Liabilities==== | ||
PoundHost.com shall not be liable for any direct or indirect loss or damages you may incur or suffer arising out of or in connection with your use of the service or a linked service which shall include without limitation, except for network issues which are dealt with by our SLA below; | ''PoundHost.com shall not be liable for any direct or indirect loss or damages you may incur or suffer arising out of or in connection with your use of the service or a linked service which shall include without limitation, except for network issues which are dealt with by our SLA below;'' | ||
I think this and anything below could be removed from the page since it's pretty much irrelevant. No point in keeping any more legalese on the page than necessary. --[[User:Midianian|Midianian]]<small><sup>¦[[User talk:Midianian|T]]¦[[Developing Suggestions|DS]]¦[[Suggestions|SP]]¦</sup></small> 00:33, 6 March 2009 (UTC) | |||
:Well, except for the "laws of England and Wales" thing at the bottom. --[[User:Midianian|Midianian]]<small><sup>¦[[User talk:Midianian|T]]¦[[Developing Suggestions|DS]]¦[[Suggestions|SP]]¦</sup></small> 13:54, 6 March 2009 (UTC) | |||
::As much as I'd like to agree with you, there is a part of me that knows the tendency of some wiki-lawyers to interpret things...I'm pretty sure we need to include it even if its just as a clause that says ''"We interpret this to have no direct meaning to the average wiki user."'' [[User:Conndraka|Conndraka]]<sup>[[Moderation|mod]] [[User_talk:Conndraka|T]][[AZM]] [[Coalition for Fair Tactics|''CFT'']]</sup> 15:39, 6 March 2009 (UTC) | |||
:::Or we can delete it (same as the billing part and the SLA) and say that ''"the parts of the TOS not appearing on this page have been judged to be of no consequence to the operation of the wiki"'' or somesuch. --[[User:Midianian|Midianian]]<small><sup>¦[[User talk:Midianian|T]]¦[[Developing Suggestions|DS]]¦[[Suggestions|SP]]¦</sup></small> 16:35, 6 March 2009 (UTC) | |||
::::Ad a link to the Server TOS and I'm all over that like white on rice...[[User:Conndraka|Conndraka]]<sup>[[Moderation|mod]] [[User_talk:Conndraka|T]][[AZM]] [[Coalition for Fair Tactics|''CFT'']]</sup> 22:04, 6 March 2009 (UTC) | |||
:::::It's already linked. Twice, in fact <tt>:D</tt>. Once in the introduction, once in the notice. I added the message to the notice box and removed the limitation of liabilities and privacy bits. --[[User:Midianian|Midianian]]<small><sup>¦[[User talk:Midianian|T]]¦[[Developing Suggestions|DS]]¦[[Suggestions|SP]]¦</sup></small> 00:08, 7 March 2009 (UTC) | |||
=====Delay or inability to use the service or a Linked service===== | |||
=====Reliance upon Third Party Content===== | |||
=====Loss of confidentiality===== | |||
=====Termination of your access===== | |||
=====Virus transmitted===== | |||
=====Failure of communication media===== | |||
=====Unauthorised access to your server/computer===== | |||
=====Theft===== | |||
===== | |||
=====Loss or damage to any data or other information or property===== | |||
====Privacy Terms and Conditions==== | ====Privacy Terms and Conditions==== | ||
PoundHost treats Your privacy seriously. | ''PoundHost treats Your privacy seriously.'' | ||
Your use of the service signifies your consent to us collecting and using personal information about you in accordance with this policy of terms and conditions. | ''Your use of the service signifies your consent to us collecting and using personal information about you in accordance with this policy of terms and conditions.'' | ||
This means Kevan's privacy, doesn't concern us. --[[User:Midianian|Midianian]]<small><sup>¦[[User talk:Midianian|T]]¦[[Developing Suggestions|DS]]¦[[Suggestions|SP]]¦</sup></small> 22:59, 5 March 2009 (UTC) | |||
:I would think it would also include IP data collected.. but I agree not a real big deal for any of the regular users. Would you think it applied to what sysops can do with checkuser though or no? [[User:Conndraka|Conndraka]]<sup>[[Moderation|mod]] [[User_talk:Conndraka|T]][[AZM]] [[Coalition for Fair Tactics|''CFT'']]</sup> 23:03, 5 March 2009 (UTC) | |||
::Well, the "you" here is Kevan, the "service" is the hosting service, and the "us" is PoundHost. Substituting those gives: | |||
:::''Kevan's use of the hosting service signifies Kevan's consent to PoundHost collecting and using personal information about Kevan in accordance with this policy of terms and conditions.'' | |||
::I think that makes it pretty clear that this has nothing to do with people visiting the website, their IPs, or checkuser. As far as I know, your use of checkuser is only limited by [[UDWiki:Privacy policy|UDWiki's own privacy policy]]. --[[User:Midianian|Midianian]]<small><sup>¦[[User talk:Midianian|T]]¦[[Developing Suggestions|DS]]¦[[Suggestions|SP]]¦</sup></small> 23:33, 5 March 2009 (UTC) | |||
:::I'm cool with that interpretation but as you should know its one of those things we'll have to spell out for posterity's sake. [[User:Conndraka|Conndraka]]<sup>[[Moderation|mod]] [[User_talk:Conndraka|T]][[AZM]] [[Coalition for Fair Tactics|''CFT'']]</sup> 10:11, 6 March 2009 (UTC) | |||
====Host Collection of Data==== | ====Host Collection of Data==== | ||
PoundHost.com use the personal information collected about You to let you know about new goods, services or offers. | ''PoundHost.com use the personal information collected about You to let you know about new goods, services or offers.'' | ||
Again, about Kevan, doesn't concern us. --[[User:Midianian|Midianian]]<small><sup>¦[[User talk:Midianian|T]]¦[[Developing Suggestions|DS]]¦[[Suggestions|SP]]¦</sup></small> 23:01, 5 March 2009 (UTC) | |||
====Identifiation and Indemnity clause==== | ====Identifiation and Indemnity clause==== | ||
''PoundHost.com reserves the right to access and disclose individually identifiable information to comply with Laws or to protect itself or its users.'' | ''PoundHost.com reserves the right to access and disclose individually identifiable information to comply with Laws or to protect itself or its users.'' | ||
Still, only about Kevan's information. --[[User:Midianian|Midianian]]<small><sup>¦[[User talk:Midianian|T]]¦[[Developing Suggestions|DS]]¦[[Suggestions|SP]]¦</sup></small> 23:03, 5 March 2009 (UTC) |
Latest revision as of 12:56, 8 September 2009
huh?
You people are nuts.
I may be wrong... but this TOS is between K and his service provider. It doesn't apply directly to users of the wiki; I'd assume it does mean K is liable for our actions, though... Was this requested by Kevan? --WanYao 04:36, 5 September 2009 (BST)
- It sure is a good way to sound smart in an argument though eh? --xoxo 04:41, 5 September 2009 (BST)
- Yes and Yes and Yes again. He is liable for our actions on the wiki, common sense dictates then that these are assumed enforced rules of the wiki as they are necessary for it's continued existence. --Karekmaps?! 05:28, 5 September 2009 (BST)
The wiki software runs under Kevan's user account. Ergo, the terms of service apply to it, and given that he has delegated the ability to create and modify certain of its content to registered users, it follows that it applies to us, as well. (IANAL.) Also, Wan, if you don't understand something, please don't mess it up, mmkay? :P ᚱᛁᚹᛖᚾᚨᚾᛏ 13:56, 8 September 2009 (BST)
So...
Input please. I'm not the only one who's allowed to work on this as I said to Cheese, so help forming it would be nice.--Suicidal Angel, Help needed? 01:25, 2 March 2009 (UTC)
First Step
Well the first step should be to take the host TOS and apply it to activities and actions on the Wiki to outline what is absolutely NOT allowable. then we can debate on what we think may or may not be... Definitely include a rider that indicates Kevan and the Host have the ability to say if something is a violation even if the sysops do not beleive it is. Conndrakamod TAZM CFT 14:45, 4 March 2009 (UTC)
- I also think its important to note that there is no debating the TOS... only the possibility of debating the interpretation of it. Conndrakamod TAZM CFT 22:27, 5 March 2009 (UTC)
Line by Line Discussion
This may be overboard but I'd rather be pro active than reactive on this. Conndrakamod TAZM CFT 22:35, 5 March 2009 (UTC)
Content
- Upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene (illegal pornography), libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. Please note that IRC services may not be run on our network. Contact us for clarification where needed.
- This I think is going to be the hardest pill to swallow for a lot of the user base, especially the defamatory and hateful and objectionable(?) Who defines what? Conndrakamod TAZM CFT 22:38, 5 March 2009 (UTC)
Save the Children Header?
- Harm minors in any way.
Impersonation
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. Forge headers or spoof or monitor/sniff IP packets.
Headers?
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content or Third Party Content transmitted via the Site.
Third Party Copyright
- Upload, post or otherwise transmit any Third Party Content that you do not have a right to transmit under Law or under contractual or fiduciary relationships.
Notice it doesn't designate any particular countries trademark laws. Conndrakamod TAZM CFT 22:40, 5 March 2009 (UTC)
- It's England's and Wales' laws. The line was accidentally removed with the SLA. --Midianian¦T¦DS¦SP¦ 00:22, 6 March 2009 (UTC)
- That was no accident, I thought it was common knowledge this place is run on English laws and stuffs. Maybe just a little tid bit at the top of the page is needed, but not the rest on that SLA stuffs.--Suicidal Angel, Help needed? 01:24, 6 March 2009 (UTC)
- It might be a common assumption, but keeping it here in writing will make it common knowledge. The laws bit actually isn't part of the SLA in the original TOS, you seem to have made an error wikifying the thing. But yeah, the SLA is pretty much as irrelevant to us as the billing part which I deleted. --Midianian¦T¦DS¦SP¦ 14:16, 6 March 2009 (UTC)
- That was no accident, I thought it was common knowledge this place is run on English laws and stuffs. Maybe just a little tid bit at the top of the page is needed, but not the rest on that SLA stuffs.--Suicidal Angel, Help needed? 01:24, 6 March 2009 (UTC)
Copyright part 2 (repost of pirated materials?)
- Upload, post or otherwise transmit any Third Party Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
Criminal/Spam
- Upload, post or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Site that are designated for such purpose.
Codemonkey/Malicious software BS
- Upload, post or otherwise transmit any Third Party Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
Criminal Behavior/Instructions
- Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
Poundhost C.Y.O.A.
- Do anything that in the opinion of PoundHost.com is likely to bring the service into disrepute.
Safety and Security
PoundHost.com will take reasonable steps to safeguard the security of any information you input to the Site or send to us on the internet. You are responsible for the security and confidentiality of your username and password.
Legal Mumbo Jumbo
PoundHost.com may without notice suspend restrict or terminate your access if such access shall prejudice the efficiency or integrity of the Site. If your server is attacked (DDoS) then we reserve the right to remove your server from our network without notice. PoundHost.com shall report if appropriate misuse or abuse of the Site by You to any regulatory authority or, in the case of criminal matters, the police.
Limitation of Liabilities
PoundHost.com shall not be liable for any direct or indirect loss or damages you may incur or suffer arising out of or in connection with your use of the service or a linked service which shall include without limitation, except for network issues which are dealt with by our SLA below;
I think this and anything below could be removed from the page since it's pretty much irrelevant. No point in keeping any more legalese on the page than necessary. --Midianian¦T¦DS¦SP¦ 00:33, 6 March 2009 (UTC)
- Well, except for the "laws of England and Wales" thing at the bottom. --Midianian¦T¦DS¦SP¦ 13:54, 6 March 2009 (UTC)
- As much as I'd like to agree with you, there is a part of me that knows the tendency of some wiki-lawyers to interpret things...I'm pretty sure we need to include it even if its just as a clause that says "We interpret this to have no direct meaning to the average wiki user." Conndrakamod TAZM CFT 15:39, 6 March 2009 (UTC)
- Or we can delete it (same as the billing part and the SLA) and say that "the parts of the TOS not appearing on this page have been judged to be of no consequence to the operation of the wiki" or somesuch. --Midianian¦T¦DS¦SP¦ 16:35, 6 March 2009 (UTC)
- As much as I'd like to agree with you, there is a part of me that knows the tendency of some wiki-lawyers to interpret things...I'm pretty sure we need to include it even if its just as a clause that says "We interpret this to have no direct meaning to the average wiki user." Conndrakamod TAZM CFT 15:39, 6 March 2009 (UTC)
Delay or inability to use the service or a Linked service
Reliance upon Third Party Content
Loss of confidentiality
Termination of your access
Virus transmitted
Failure of communication media
Unauthorised access to your server/computer
Theft
Loss or damage to any data or other information or property
Privacy Terms and Conditions
PoundHost treats Your privacy seriously.
Your use of the service signifies your consent to us collecting and using personal information about you in accordance with this policy of terms and conditions.
This means Kevan's privacy, doesn't concern us. --Midianian¦T¦DS¦SP¦ 22:59, 5 March 2009 (UTC)
- I would think it would also include IP data collected.. but I agree not a real big deal for any of the regular users. Would you think it applied to what sysops can do with checkuser though or no? Conndrakamod TAZM CFT 23:03, 5 March 2009 (UTC)
- Well, the "you" here is Kevan, the "service" is the hosting service, and the "us" is PoundHost. Substituting those gives:
- Kevan's use of the hosting service signifies Kevan's consent to PoundHost collecting and using personal information about Kevan in accordance with this policy of terms and conditions.
- I think that makes it pretty clear that this has nothing to do with people visiting the website, their IPs, or checkuser. As far as I know, your use of checkuser is only limited by UDWiki's own privacy policy. --Midianian¦T¦DS¦SP¦ 23:33, 5 March 2009 (UTC)
- Well, the "you" here is Kevan, the "service" is the hosting service, and the "us" is PoundHost. Substituting those gives:
Host Collection of Data
PoundHost.com use the personal information collected about You to let you know about new goods, services or offers.
Again, about Kevan, doesn't concern us. --Midianian¦T¦DS¦SP¦ 23:01, 5 March 2009 (UTC)
Identifiation and Indemnity clause
PoundHost.com reserves the right to access and disclose individually identifiable information to comply with Laws or to protect itself or its users.
Still, only about Kevan's information. --Midianian¦T¦DS¦SP¦ 23:03, 5 March 2009 (UTC)