At 12:45 PM 3/1/01 -0800, Derek Robinson wrote:
>clearly at fault, in another part of the service agreement, done up in
>shouting capitals: "6.4. UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE AND
>FUNDAMENTAL BREACH) WILL JUNO OR ANYONE ELSE INVOLVED IN PROVIDING THE
>SERVICE OR SOFTWARE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
>SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSSES FROM OR THROUGH THE USE OF OR
>INABILITY TO USE THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS,
>INTERRUPTIONS, DELETION OF FILES OR E-MAIL, DEFECTS, VIRUSES, DELAYS IN
>OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, EVEN IF ADVISED
>OF THE POSSIBILITY THEREOF."
>I like the part where it absolves itself of liability even in cases of
>negligence or fundamental breach of the agreement. It can't lose! Amazing.
I'm pretty sure that's legally unenforceable. The way I remember it, you
can always assert a claim of negligence, or at least 'negligence' preceded
by some word like 'gross' or 'reckless,' in tort.
I suppose the fact that they're a free ISP makes it kind of okay -
TAANSTAAFL - but wow, what an obnoxious agreement. And like Jeff said, we
finally figured out how those "users today, revenue sometime next century"
companies are going to monetize their user base. Fascinating, but not
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