napster AUP for new artists

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From: Jesse (jesse@fsck.com)
Date: Sat Aug 05 2000 - 23:36:41 PDT


Doing a bit of research for another project, I stumbled upon
napster's AUP for getting listed in their "new artists" database.
I actually had to view the page source to be able to read the doc.
I guess they figured that an 8 row 40 col textbox is a reasonable
size for a contract-style agreement. *sigh* Rule 7 seems particularly
hypocritical.

And, Old bits, iirc, but the form submit fails unless you
agree to let napster users download and share your music.

-Jesse

from http://artist.napster.com/createprofile.html :

<TEXTAREA rows="8" cols="40">Napster House Rules

Welcome to Napster?s Artist Profiles. We have drawn up some rules to help
everyone understand what is acceptable and what is not acceptable on this
site.

Napster?s Artist Profiles is a service provided to you ("Artist") by Napster
Inc. subject to the terms of Napster House Rules ("House Rules"). This
Service currently is provided for free to any artist who agrees to abide by
the Terms of Service and conditions of the House Rules. You acknowledge that
by providing you with the ability to submit your profile, Napster is not
undertaking any obligation or liability to you or relating to any content
posted by you. Napster reserves the right to change the nature of this
relationship at any time.

The following rules apply while using Napster?s Artists Profile:
        1. You are entirely responsible for all contents of and activities related
to your profile.
      2. The use of this service for illegal purposes (or to solicit any
illegal act) is strictly prohibited.
        3. Links to pornographic, obscene, nude, graphically violent, and other
inappropriate images are strictly prohibited.
        4. Defamatory, libelous, hateful, pornographic, profane or obscene
language is strictly prohibited.
        5. Offensive and indecent text submissions are not allowed.
        6. Impersonation of others is forbidden.
        7. Materials that infringe on any copyright, trademark, or other
intellectual property rights of others, as well as links to sites containing
such materials, are not allowed. If any such materials or links are
submitted for your profile, and Napster receives notice of the same, your
profile will be deleted.
        8. Napster is not responsible for any user-generated content. Napster does
not endorse, sponsor or subscribe to any content in an artist profile, all
of which is solely the opinion and statements of the profiled artists.
        9. In cases where you have allowed any other individual to access your
profile, or your password becomes publicly available, you recognize that you
are fully responsible for: (i) controlling the user?s access to and use of
Napster; and (ii) the consequences of any misuse. You further recognize that
you, as the creator of the Profile, are entirely responsible for activities
conducted on and through the Profile.
        10. You agree, during your use of the service and thereafter, to indemnify
and hold Napster harmless from any and all damages and costs, including
reasonable attorney's fees, arising out of or related to your use of this
service or breach of the House Rules.
        11. You or Napster may terminate your Account at any time for any reason or
no reason at all.
        12. We reserve the right to remove any Artist Profiles or other user
generated content that is in violation of the House Rules

        MEMBERS WHO VIOLATE THE TERMS OF THE HOUSE RULES MAY PERMANENTLY BE BANNED
FROM USING THE ARTIST PROFILE AND/OR THE NAPSTER SYSTEM. USING THE ARTISTS
PROFILE WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND CONDITIONS OF THESE
RULES. WE RESERVE THE RIGHT TO TERMINATE ANY ARTISTS OR MEMBER FOR ANY
REASON OR NO REASON AT ALL.

Napster thanks you for observing these rules!</TEXTAREA><BR><BR>

-- 
jesse reed vincent --- root@eruditorum.org --- jesse@fsck.com 
pgp keyprint: 50 41 9C 03 D0 BC BC C8 2C B9 77 26 6F E1 EB 91
-------------------------------------------------------------
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