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FIB - Scams 101 - Ye Olde Archives
Posted By: kevin carroll <kcmusic2@iol.ie>
Wednesday, 30 August 2006, at 9:33 a.m.
Hi folks.
I got a link for this Instant Buzz programme on some forum recently, not sure if it was here or not! Anyone know anything about it? Its supposed to display your ad across the top of webpages....of other Instant Buzz users, and theirs are laced on yours. However its a couple of the terms Im wondering about; are these standard or could you actually end up owing them a "fine"?
Here are the ones Im wondering about:
"Terms of Service and License Agreement
IMPORTANT: If you do not agree to or understand these terms, do not install Instant Buzz on your computer.
INDEMNIFICATION
ABUSE
1. I agree not to promote InstantBuzz through any form of unsolicited commercial email and that if I am proven to willfully and knowingly do so, I agree to pay InstantBuzz.com a fine of $1,000 per email sent payable immediately upon InstantBuzz presenting proof of my sending such email. I understand that InstantBuzz is not out to unfairly persecute would-be spammers but endeavors to keep InstantBuzz free for everyone.
2. I will not partake in any abuse of the InstantBuzz system in any form (spam, inappropriate advertising, abusive behaviour, credit spoofting, etc.). Extreme cases will be prosecuted.
3. I agree that I will not run or advertise any auto-surf programs alongside or on the Instant Buzz toolbar, and if I am proven to willfully and knowingly do so, I agree to pay Instant Buzz a fine of $10 per webpage surfed using such a program, sent payable immediately upon Instant Buzz presenting proof of these activities. I understand that running an auto-surf program severely disadvantages other Instant Buzz members and this policy is in place to protect the interests of all members.
4. I agree that I will only use Instant Buzz SigAds in one-to-one email communications. I will not, under any circumstances, use the email client for which I have SigAds configured in any form of mass email whatsoever. I also understand that if any of my emails are deemed to be spam by the recipient I will be held responsible.
NON-COMPETE
6. I will not partake in any way in the development of any application, service, product, or activity that attempts to subvert, abuse, spam, or in any way harm InstantBuzz, InstantBuzz.com, InstantBuzz users, or InstantBuzz advertisers, and that if I do, I agree to pay InstantBuzz.com a fine of $5,000,000 per incidence.
I agree that any disputes with these terms will be resolved by the United States State of California judicial system."
Perhaps theyre just normal but Id be worried about inadvertantly breaking some of the rules!!
k
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If your attorney is worth his salt, he's going to tell you that the expense of filing a lawsuit you can't win is a whole lot worse than any "damages" resulting from messages posted on this insignificant little chunk of cyberspace. NEWS FLASH: I didn't just climb down off that ol' turnip truck yesterday. I'm well aware that expressing a negative opinion, relating one's personal experience, and restating provable facts are all legal in this country and do not constitute libel, slander, or defamation -- so you don't want to play games with me, and you sure don't want to start something you aren't prepared to finish. I don't take threats lightly, and I don't accept bribes (or did you call it a "mutually-beneficial arrangement"?). I'll turn you in faster than you can yell, "ARREST ME, I'M SCUM!!" Do yourself a favor and turn your legal team loose in greener pastures. Although we may, from time to time, monitor or review discussions, postings and the like on the Friends In Business (Scams 101) Message Board, we are under no obligation to do so. We are not responsible or liable for any claim arising from the content of any such discussions or postings or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information contained within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane materials or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are likewise prohibited from posting any false claims against any company or individual. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. By posting messages and/or content on the Friends In Business (Scams 101) Message Board, you give permission for Lesley Fountain/Friends In Business/Shoestring Success Publications to display, distribute and use the posting and content for publication, advertising, promotion, excerption or example. You grant Lesley Fountain/Friends In Business/Shoestring Success Publications complete, perpetual, but non-exclusive rights to use, archive, reproduce, adapt, modify, distribute, sub-license, repurpose, rework, compile, or offer for sale or resale the messages, postings or content appearing on this site in whole or in part, throughout the world and universe, on a royalty-free basis without remuneration. If you cannot accept or agree with the terms of service for this website and discussion board, you are advised not to post on this board. In closing, I would like to remind you once again that it is still legal, in this great country of ours, to express a PERSONAL OPINION, as long as it is presented as opinion and not as fact. And finally, all you scammers out there will do well to remember that TRUTH IS AN ABSOLUTE DEFENSE against charges of libel, defamation, and slander... so if you're operating just a hop, skip, and jump ahead of the law, you might want to think twice before doing anything stupid... (AND SHAME ON YOU!!). |