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Author Topic: Terms of Use; or what some might call Rabble Rousing  (Read 8401 times)

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Offline AustinWesley

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #50 on: February 19, 2007, 09:29:23 PM »
There's an old saying, "Never write down anything that you don't want someone else to read or know."

I love that saying Rod!   Very appropriate I might add.
Diag. 3/06  Infected aprx. 2 mo. Prior
Date        CD4   %      VL
4/6/06     627    32    36,500     NO MEDS YET!
6/7/06     409    27    36,100
8/23/06   408    25     22,300
1/2/07     354    23     28,700
2/9/07     139    30     23,000  Hep A Vaccine same day???
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3/3/07    RX of Truvada/Sustiva Started.
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8/10/07  422     32   UD <48 on new scale!

Offline SouthSam7

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #51 on: February 19, 2007, 09:34:07 PM »
Well it's entertaining to read all of your posts, everybody, because it's obvious that you all are very intelligent and have strong opinions on this matter.

If I may say so LongIslander, I must agree with some of the other posters that the internet is arguably wide open.  There is little or no real security on the internet.  Not to mention that by agreeing with the Terms Of Service here, we are giving the operators and or owners of this site absolute rights to anything we post.  

If you want to know how insecure the internet is, just go to the Microsoft Knowledge Base and look at the THOUSANDS of KNOWN security holes in Microsoft products alone.  This does not count non-Microsoft product security holes or undocumented security holes.  You just have to hope no one is interested in your individual information.  

Also, if you use wireless internet, anyone can grab what you type out of the air; it's been all over the news and is nothing new.  There are hack programs that will unlock your wireless security (if you even have it enabled) in less than 5 seconds.  Not unlike the programs people use to unlock and copy DVDs.  It's just a fact of life and it's real.

Don't type anything on the internet, e mail or instant message you don't want to be public knowledge.  

Maybe off topic but I thought I'd put my (4 year college) two cents in.  Peace,
Sam

Offline aupointillimite

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #52 on: February 19, 2007, 09:36:16 PM »
Well it's entertaining to read all of your posts, everybody, because it's obvious that you all are very intelligent and have strong opinions on this matter.

If I may say so LongIslander, I must agree with some of the other posters that the internet is arguably wide open.  There is little or no real security on the internet.  Not to mention that by agreeing with the Terms Of Service here, we are giving the operators and or owners of this site absolute rights to anything we post. 

If you want to know how insecure the internet is, just go to the Microsoft Knowledge Base and look at the THOUSANDS of KNOWN security holes in Microsoft products alone.  This does not count non-Microsoft product security holes or undocumented security holes.  You just have to hope no one is interested in your individual information. 

Also, if you use wireless internet, anyone can grab what you type out of the air; it's been all over the news and is nothing new.  There are hack programs that will unlock your wireless security (if you even have it enabled) in less than 5 seconds.  Not unlike the programs people use to unlock and copy DVDs.  It's just a fact of life and it's real.

Don't type anything on the internet, e mail or instant message you don't want to be public knowledge. 

Maybe off topic but I thought I'd put my (4 year college) two cents in.  Peace,
Sam

Thank you!

I'm sorry, but my idea of Internets security doesn't have "I can only assume that people aren't googling what the site I post on is about" at its foundation.
Your tastebuds can't repel flavor of this magnitude!

Online Miss Philicia

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #53 on: February 19, 2007, 09:37:56 PM »
yes I'm the condescending one
"Iíve slept with enough men to know that Iím not gay"

Offline RapidRod

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #54 on: February 19, 2007, 09:39:01 PM »
aupointillimite, we just google your name to follow you around.  :D

Offline aupointillimite

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #55 on: February 19, 2007, 09:40:31 PM »
aupointillimite, we just google your name to follow you around.  :D

As well you should!

I'm surprised you people haven't put a GPS tracker on my ass.   :D

"OK... he's going... to... get cigarettes!  And now he's... going to... uh... work!  And now's he just sitting there."
Your tastebuds can't repel flavor of this magnitude!

Offline RapidRod

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #56 on: February 19, 2007, 09:43:58 PM »
You mean you haven't looked? Get the mirror out. That's not a Tampon string hanging out your ass it's an antenna.  :D

Offline Longislander

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #57 on: February 19, 2007, 09:45:00 PM »
Sam, thanks for that. I'm not a total moron.  I'm glad everyone thinks THAT is the issue here.

Philly, I have resolved my issues with you. I know what I think of you, you know what I think of you, and that's that.

In the past 2 days, since I've known about CSI:NY and these forums, I have made posts regarding my issues with being 'outed' by the new influx of visitors.

Quote
internet is not a place to post pictures of your vacation


of course, I just returned from vacation, and made mention that I had posted pics, but deleted them when I found out what happened.
Quote
say "OMG my neighbor is infected

I just happened to call the CSI TV show viewers here in the forums 'nosey neighbors'.


Quote
You know, simple things like not using a screen name like "Bob-N-Peoria

and of course, I have posted a few times that I unfortunately chose an identifying username.

I think you have unresolved issues with me. You've been doing shit like this since before I pm'd you and asked you not to reply to anything I post.
infected 10/05 diagnosed 12-05
2/06   379/57000                    6/07 372/30500 25%   4/09 640/U/32% 
5/06   ?? /37000                     8/07 491/55000/24%    9/09 913/U/39%
8/06   349/9500 25%              11/07 515/68000/24     2/10 845/U/38%
9/06   507/16,000 30% !          2/08  516/116k/22%    7/10 906/80/39%
12/06 398/29000 26%             Start Atripla 3/08
3/07   402/80,000 29%            4/08  485/undet!/27
4/07   507/35,000 25%            7/08 625/UD/34%
                                                 11/08 684/U/36%

Offline aupointillimite

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #58 on: February 19, 2007, 09:46:19 PM »
That's not a Tampon string hanging out your ass it's an antenna.  :D

You told me it was to stop the bleeding!   ::)
Your tastebuds can't repel flavor of this magnitude!

Online Miss Philicia

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #59 on: February 19, 2007, 09:49:18 PM »
Philly, I have resolved my issues with you. I know what I think of you, you know what I think of you, and that's that.

I really have no problems with you except perhaps for the vile PM you sent me a month ago... but I've moved past that with the help of my therapist.

Look...I understand your concerns.  I was in your situation for a DECADE.  I know the deal.  All I'm saying is be more careful.  I'm not sure why you take such offense at that.  I'm trying to be helpful, but instead all I get is a huge grudge from you for pointing this out.
"Iíve slept with enough men to know that Iím not gay"

Offline RapidRod

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #60 on: February 19, 2007, 09:49:39 PM »
I lied. I just wanted to make sure you weren't cheating on me. :D

Offline lydgate

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #61 on: February 19, 2007, 09:52:09 PM »
Sam, Benj, Philly, Longislander and others... this thread is moving inexorably in the direction of the "Internet is wide open" way again. That statement is not news to me. Or to anyone really, I would think. (Eight years of university education and counting, counting... le sigh.) There are other threads devoted more or less exclusively to that issue/dispute/whatever it is. Others could be started but to little purpose I hazard.

I started this thread out of a different concern. I've more or less had my say on the matter; but if others want to continue to post and comment I'd appreciate it if you'd stick to what I did start this thread for rather than saying, again, "The Internet is wide open" etc.
Her finely-touched spirit had still its fine issues, though they were not widely visible. Her full nature, like that river of which Cyrus broke the strength, spent itself in channels which had no great name on the earth. But the effect of her being on those around her was incalculably diffusive: for the growing good of the world is partly dependent on unhistoric acts; and that things are not so ill with you and me as they might have been, is half owing to the number who lived faithfully a hidden life, and rest in unvisited tombs.

George Eliot, Middlemarch, final paragraph

Offline aupointillimite

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #62 on: February 19, 2007, 09:53:08 PM »
Sam, Benj, Philly, Longislander and others... this thread is moving inexorably in the direction of the "Internet is wide open" way again.  "The Internet is wide open" etc.

I fail to see how this is not the crux of the entire issue.
Your tastebuds can't repel flavor of this magnitude!

Offline RAB

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #63 on: February 19, 2007, 09:54:23 PM »
I don't know if Phylly is condescending.

I don't know if Rapid Rod's laughter is the road to any conclusion

I don't know if Austin has all the answers.

I do know one thing.

This issue of disclosure, this issue of what should/should not be said on an internet forum, this issue of the the power of disclosure can not and should never be discussed in the tone that seems to be developing here.

The discussion I'm seeing isn't so much about the "reality" individuals may face, the struggles they have experienced, the forward looking view that there will be many more that will hopefully follow, the discussion seems to have dissolved into ego driven positions with lack of any sort of environment that welcomes open and honest expression and dialogue.

LongIslander, I empathize with the struggle you and many more of us are facing.  The fact that you have stepped to the forefront to express your feeling and fears, therein representing the many other silent voices who do not have the chance to do so, is a testament to your character.


RAB

Offline SouthSam7

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #64 on: February 19, 2007, 09:57:42 PM »
No problem, Lydgate; I consider all of you my friends.  I know we will not always see things the same way, so I will respectfully stop posting to this thread.  I do, by the way, agree with your original posting.  Peace,
Sam

Offline Longislander

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #65 on: February 19, 2007, 09:59:19 PM »
Benj I don't think you ever will then.

Philly, Vile? feel free to post it.

I have done all I can since this happened to lessen the possibility of being found here, since this CSI thing. I'll admit, you did say some understanding things in other threads/posts. But this last one was helpful to no one, and this thread is turning into Jr High gym class.

Thanks RAB ;)
infected 10/05 diagnosed 12-05
2/06   379/57000                    6/07 372/30500 25%   4/09 640/U/32% 
5/06   ?? /37000                     8/07 491/55000/24%    9/09 913/U/39%
8/06   349/9500 25%              11/07 515/68000/24     2/10 845/U/38%
9/06   507/16,000 30% !          2/08  516/116k/22%    7/10 906/80/39%
12/06 398/29000 26%             Start Atripla 3/08
3/07   402/80,000 29%            4/08  485/undet!/27
4/07   507/35,000 25%            7/08 625/UD/34%
                                                 11/08 684/U/36%

Online Miss Philicia

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #66 on: February 19, 2007, 10:00:10 PM »
Look, all I can say is if Long Islander wants a forum that is completely safe we'd have to reformat the board somehow, to where certain sections of the board are "closed" to outside google searches.  I think that this can be done.  I belong to a very "democratic" web board of freaks that were disaffected with the moderator antics on macaddict.com, and began their own board.  There are certain section that registered members must separately subscribe to that somehow are not searchable to Google, etc. where we discuss NSFW stuff and P2P subjects.

I'm somewhat cyber, but I do not know the intricacies of how this is done.  I just know that it's somewhat capable of being done.
"Iíve slept with enough men to know that Iím not gay"

Offline dtwpuck

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #67 on: February 19, 2007, 10:02:56 PM »
Sam, Benj, Philly, Longislander and others... this thread is moving inexorably in the direction of the "Internet is wide open" way again. That statement is not news to me. Or to anyone really, I would think. (Eight years of university education and counting, counting... le sigh.) There are other threads devoted more or less exclusively to that issue/dispute/whatever it is. Others could be started but to little purpose I hazard.

I started this thread out of a different concern. I've more or less had my say on the matter; but if others want to continue to post and comment I'd appreciate it if you'd stick to what I did start this thread for rather than saying, again, "The Internet is wide open" etc.


I see your posting as a debate over the rights of ownership affected by a mouse click, rights that i *think* you are trying to change somehow.  You complain over your perception that others are not concerned enough over an issue about which you feel passionate.  Others feel you are overly idealistic.    Many opinions keep getting inserted having to do with the CSI forum, out of which this whole thing started anyway.    However, it is highly unlikely that this website will make the changes you want without consulting a lawyer... and however well intentioned your ideals are, the fact is that the lawyers who draw up these documents are obliged to advise their clients as to what their best interest is.  It is unlikely that a lawyer would agree that implementing your position is in the best interest of poz.com.   
Floating through the void in the caress of two giant pink lobsters named Esmerelda and Keith.

Online Miss Philicia

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #68 on: February 19, 2007, 10:03:26 PM »
Philly, Vile? feel free to post it.

It was an immature PM from you which I deleted, in which you objected my suggestion of visiting East Hampton over Fire Island... but it was the tone of language that you used that was so incredibly offensive... condescending even.

Even if I had retained the PM I would not post it on the board as that is Internet 101 and against the rules, to post a private message in the public area.  Kind of like posting personal pictures in places where you wish for the world not to see them.
"Iíve slept with enough men to know that Iím not gay"

Offline lydgate

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #69 on: February 19, 2007, 10:03:51 PM »
I fail to see how this is not the crux of the entire issue.

I fail to see how it is.

In my mind the Internet's being wide open -- and yes, my posts being accessible to anyone who chooses to read them -- is pretty different from surrendering my rights to my posts to some legal entity which could use them in any way, at any time in the future etc etc &c. I thought I'd written tedious reams about this recently.

The distinction is real enough to me.

And Sam, I know we're agreed on some fundamental things. I never meant to suggest you or anyone should stop posting here! Please continue to do so, of course, if you feel like it.

And while I was posting I also read RAB's response. Phewph, thank you for that point about tone.

Jay
Her finely-touched spirit had still its fine issues, though they were not widely visible. Her full nature, like that river of which Cyrus broke the strength, spent itself in channels which had no great name on the earth. But the effect of her being on those around her was incalculably diffusive: for the growing good of the world is partly dependent on unhistoric acts; and that things are not so ill with you and me as they might have been, is half owing to the number who lived faithfully a hidden life, and rest in unvisited tombs.

George Eliot, Middlemarch, final paragraph

Offline aupointillimite

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #70 on: February 19, 2007, 10:04:59 PM »
I see your posting as a debate over the rights of ownership affected by a mouse click, rights that i *think* you are trying to change somehow.  You complain over your perception that others are not concerned enough over an issue about which you feel passionate.  Others feel you are overly idealistic.    Many opinions keep getting inserted having to do with the CSI forum, out of which this whole thing started anyway.    However, it is highly unlikely that this website will make the changes you want without consulting a lawyer... and however well intentioned your ideals are, the fact is that the lawyers who draw up these documents are obliged to advise their clients as to what their best interest is.  It is unlikely that a lawyer would agree that implementing your position is in the best interest of poz.com.   


Exactly, and furthermore, we all did agree to this set of circumstances when we became members.

I don't understand it because it seems like certain people are trying to retroactively get rights back that they agreed they didn't have when they signed up for this site in the first place.
Your tastebuds can't repel flavor of this magnitude!

Offline aupointillimite

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #71 on: February 19, 2007, 10:05:58 PM »
I fail to see how it is.

In my mind the Internet's being wide open -- and yes, my posts being accessible to anyone who chooses to read them -- is pretty different from surrendering my rights to my posts to some legal entity which could use them in any way, at any time in the future etc etc &c. I thought I'd written tedious reams about this recently.

The distinction is real enough to me.

And Sam, I know we're agreed on some fundamental things. I never meant to suggest you or anyone should stop posting here! Please continue to do so, of course, if you feel like it.

And while I was posting I also read RAB's response. Phewph, thank you for that point about tone.

Jay

And my point is, what's to stop anyone from coming in and using anyone's post for whatever purposes they desire? 

Nothing.
Your tastebuds can't repel flavor of this magnitude!

Offline Tucsonwoody

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #72 on: February 19, 2007, 10:19:17 PM »
For the record - this is what you have to agree to to get entry to posting:

"Terms of Membership

Welcome to the AIDSmeds.com Forums!

By registering, you agree to abide by our website's "Terms of Use" and by the following Terms of Membership for these forums:
this sentence was just added recently by Peter.

When you register, you will need to choose a unique user name, or "handle." You will need to provide a working email address, so that if your forget your password, you can request an automated email reminder. You can choose to make your email address hidden or visible to others using a setting in your online profile.

Only one user name is permitted per member. The user name you select upon registering for the Forums should be the user name you remain with throughout your participation in the Forums. Maintaining more than one user name is a violation of these Terms of Membership and is subject to automatic removal from the Forums, locking of the multiple accounts (including the original account), and banning to prevent future registration.

Messages posted to the AIDSmeds.com Forums must not contain marketing information, either from a pharmaceutical company; a healthcare provider (i.e., seeking to provide services to the HIV community); or the manufacturer or distributor of a complementary, alternative, herbal, traditional, and/or surgical treatment approach.

The forums are not to be used for research recruitment purposes, unless cleared through the forums administrator by contacting editors@aidsmeds.com.

The premise of the AIDSmeds.com Forums, along with its parent site (AIDSmeds.com), is that HIV is the cause of AIDS. Individuals hoping to use the AIDSmeds.com Forums to disseminate ďdenialistĒ or ďdissidentĒ information will be automatically banned from the Forums.

The AIDSmeds.com Forums have been designed for HIV-positive people; their caregivers, friends, family, and loved ones; and people who fear they may have been exposed to the virus and require support while testing -- for educational purposes only. Any information received through the AIDSmeds.com Forums is intended to complement, not supplement, communication with a certified healthcare provider. No member or administrator of the Forums is certified to diagnose or treat a health problem or disease via AIDSmeds.com. All information found in the AIDSmeds.com Forums should be discussed with a healthcare provider.

These Forums reserves the right to edit or delete any message for any reason whatsoever, at our sole discretion.

Thanks for joining the AIDSmeds.com Forums."

It's only after joining and taking the time (if you do) to read the "Terms of Use" that you learn what additional rules apply.
« Last Edit: February 19, 2007, 10:22:32 PM by Tucsonwoody »
And I wished for guidance, and I wished for peace
I could see the lightning; somewhere in the east
And I wished for affection, and I wished for calm
As I lay there - Nervous in the light of dawn

Offline aupointillimite

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #73 on: February 19, 2007, 10:23:00 PM »
It's only after joining and taking the time (if you do) to read the "Terms of Use" that you learn what additional rules apply.

And I don't think that "tl;dr" is an excuse to get upset about it now.

Edited: To remove the double negative.  What you see now is what I meant.  Yes.
« Last Edit: February 19, 2007, 10:27:25 PM by aupointillimite »
Your tastebuds can't repel flavor of this magnitude!

Offline lydgate

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #74 on: February 19, 2007, 10:37:19 PM »
However, it is highly unlikely that this website will make the changes you want without consulting a lawyer... and however well intentioned your ideals are, the fact is that the lawyers who draw up these documents are obliged to advise their clients as to what their best interest is.  It is unlikely that a lawyer would agree that implementing your position is in the best interest of poz.com.   


Agreed. Which is what I indirectly said to Peter in my response. "That's that then." (The best interests of the lawyers' clients, POZ.com/S+S, and the best interests of the users of this service might never be congruent; let's at least hope they're never antagonistic, though color me a bit skeptical on this.) And, so, that further discussion is possibly fruitless. Thanks, anway, for calling me well-intentioned and idealistic  :) or even over-idealistic.  ;)

Just having read Benj's response. True, up to a point. But to me, finnicky though this may sound, there's a difference betwen a random individual (or individuals) quoting or using my post, having come upon it by chance or through a search, and having those posts be outright property of an entity which can market them. More to be said, of course, about the sort of protection granting copyright back confers, but enough's been said already; and I'd rather have lawyers weigh in first (if they do at all).

And now, having read Tucson's response, I come back to the point that many posters weren't even aware of the TOS as they were of the TOA. That's different now I suppose. Quote from TW: "It's only after joining and taking the time (if you do) to read the "Terms of Use" that you learn what additional rules apply." So a *click* of agreement once but not a *click* twice? (A poll on this?) Is there an exact date when they (the TOS) were framed and put on the new site? Or should we -- me and everyone else --just let this go? (See my response to puck above.)

Jay
« Last Edit: February 19, 2007, 10:40:03 PM by lydgate »
Her finely-touched spirit had still its fine issues, though they were not widely visible. Her full nature, like that river of which Cyrus broke the strength, spent itself in channels which had no great name on the earth. But the effect of her being on those around her was incalculably diffusive: for the growing good of the world is partly dependent on unhistoric acts; and that things are not so ill with you and me as they might have been, is half owing to the number who lived faithfully a hidden life, and rest in unvisited tombs.

George Eliot, Middlemarch, final paragraph

Offline aupointillimite

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #75 on: February 19, 2007, 10:41:29 PM »
Just having read Benj's response. True, up to a point. But to me, finnicky though this may sound, there's a difference betwen a random individual (or individuals) quoting or using my post, having come upon it by chance or through a search, and having those posts be outright property of an entity which can market them. More to be said, of course, about the sort of protection granting copyright back confers, but enough's been said already; and I'd rather have lawyers weigh in first (if they do at all).


As I said, "tl;dr" and now ignorance are no excuse, in my opinion. 

The link to the Terms of Membership on the bottom of every page, and it's no secret that this site has additional rules in here (for example, there's nothing in the TOM about only poz people being able to post in certain forums).

And since we're using their servers, I'd say they do have a right to it.  A right which we never had and agreed we didn't have (whether we knew it or not) from the first post anyone puts in this forum.
Your tastebuds can't repel flavor of this magnitude!

Offline RapidRod

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #76 on: February 19, 2007, 10:42:16 PM »
AIDSmeds.com Terms & Conditions

1. ACCEPTANCE OF TERMS AND CONDITIONS OF SERVICE


Welcome to AIDSmeds.com. CDM Publishing, LLC, D.B.A. as Smart + Strong and AIDSmeds ("Smart + Strong" or "AIDSmeds") provides the Service to you ("you" or the "User"), subject to the following terms and conditions, as they may be amended from time to time (the "Ts and Cs"). Smart + Strong may amend or modify the Ts and Cs without notice, effective immediately, by posting the Ts and Cs on the AIDSmeds.com Web site or by otherwise notifying the User of the Ts and Cs. Smart + Strong reserves the right to discontinue, on a temporary or permanent basis, the Service (in whole or in part) without notice and without liability to the User. If the User uses the Service after Smart + Strong posts changes to the Ts and Cs, the User accepts the changed Ts and Cs.

By registering for or using the Service the User agrees to the Ts and Cs. Smart + Strong may offer certain services that will be governed by different or additional terms and conditions. All such additional terms and conditions are hereby incorporated by reference into the Ts and Cs.

2. DESCRIPTION OF SERVICE

Smart + Strong offers AIDSmeds Community Forums, online bulletin boards, and may offer other services, such as chat rooms, on its AIDSmeds.com Web site (the "Service") for use only under a nonexclusive, nontransferable, and nonassignable license subject to the Ts and Cs. The User does not have the right to copy, sell, or otherwise exploit for any commercial purpose the Service (in whole or in part), access to the Service or use of the Service. Any service added to the Service shall be governed by the Ts and Cs, unless Smart + Strong expressly provides that such service shall be governed by different terms and conditions.

The Service is provided "AS IS." Smart + Strong shall have no liability for any interruption, error, omission, deletion, defect, delay, or other problem with the Service.

3. ELIGIBILITY FOR MEMBERSHIP


The Service is available only to individuals who can form legally binding contracts under applicable law and are at least 18 years of age. If you are not at least 18 years of age, you may use the Service only if you are registered to use the Service by your parent or guardian and you are at least 14 years of age. Smart + Strong may refuse access to the Service to anyone, at any time, in its sole and absolute discretion.

4. USER'S OBLIGATIONS TO PROVIDE ACCURATE INFORMATION, CERTAIN OTHER USER OBLIGATIONS AND TERMINATION

The User represents and warrants that the User will: (a) provide true, accurate, complete, and up-to-date information about the User as prompted by the components of the Service and in the registration process; and (b) maintain and in a timely manner update this information so that it is at all times true, accurate, complete and up-to-date. If any information provided by the User is untrue, inaccurate, incomplete, or not up to date, if the User has violated the Ts and Cs, or if the User has violated the rights of Smart + Strong or others, then Smart + Strong may, without notice, terminate the User's access and use of the Service. In addition, Smart + Strong reserves the right, in its sole and absolute discretion, for any or no reason, without liability to the User, to refuse access to the Service to the User.

It is the User's responsibility to arrange, be responsible for and pay for the Internet access service connecting the User's computer to the Internet to enable the User to have access to the Service.

5. USE OF INFORMATION, PRIVACY, CONTENT AND LICENSE

Smart + Strong's use of information about the User that is disclosed by the User in connection with the use of the Service and information about the User's use of the Service is governed by Smart + Strong's Privacy Policy posted on POZ.com. Smart + Strong will not review, change, edit or disclose communications to or from the User in connection with the use of the Service, except: (A) in the event of a breach of the Ts and Cs; (B) as required by law; (C) in connection with claims that the rights of third parties have been violated; (D) in response to the User's requests; (E) to protect the rights of Smart + Strong; or (F) as otherwise set forth in the Ts and Cs. Smart + Strong may send to the User communications regarding products or services that Smart + Strong believes may be of interest to the User.

Smart + Strong retains the right to restrict: the number and size of e-mails or private messages that a member of the Service may send to other members and the number of times and duration that a member of the Service may access the Service during any period.

You are advised not to join the Service if you are offended by adult-oriented conversations and material, as AIDSmeds Community Forums and other portions of the Service may include such content.

In an effort to promote respect for the sensitivities of all the members of the service, Smart + Strong reserves the right not to post any photograph that Smart + Strong does not consider appropriate.

To enable Smart + Strong to use and publish your information that you choose to make publicly available on AIDSmeds.com in connection with your use of the Service ("User Information"), the User grants Smart + Strong a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right (including all moral rights) and license to use, reproduce, modify, adapt, publish, perform, prepare derivative works from, distribute, and display User Information (in whole or in part) and to incorporate it in other works, in any form, media or technology now known or later developed, for the full term of any rights that may exist in User Information.

6. USE OF COPYRIGHTED, TRADEMARKED OR OTHER PROTECTED MATERIAL

The User may not post any information or items to AIDSmeds.com that are copied, in whole or in part, from third-party sources without the third party's authorization. This includes:
scanning of images created by others,
copying, modifying, and linking to code, images, sound recordings, audiovisual works or text created by others,
any other activities that would infringe the proprietary rights of others.
For further clarification, please see the U.S. Law on Copyrights, or see the websites of the U.S. Copyright Office or U.S. Trademark Office.

The User agrees not to post any material or items described above to AIDSmeds.com, including:
as attachments to the User's forums postings
Smart + Strong respects the intellectual property rights of others and requires that the User do so as well. Smart + Strong will terminate the membership of users who are repeat infringers of the intellectual property rights of others.

If a User or visitor to AIDSmeds.com believes his or her copyright or other intellectual property right has been infringed or violated by a posting on AIDSmeds.com, the User or visitor should send notification to Smart + Strong's copyright agent, Sally Chew, immediately. To be effective, the notification must include:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed,
Identification of the copyrighted work or other intellectual property claimed to have been infringed or violated, or if multiple allegedly infringed works at AIDSmeds.com are covered by a single notification, a representative list of such works at that site,
Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Smart + Strong to locate the material,
Information reasonably sufficient to permit Smart + Strong to contact the complaining party, such as address, telephone number and, if available, e-mail address at which the complaining party may be contacted,
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law,
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or violated.
Or contact Smart + Strong's copyright agent via telephone, postal mail or fax:

Smart + Strong
Attention: Sally Chew, Copyright Agent
500 Fifth Avenue, Suite 320, New York, NY 10110-0303
Telephone: (212) 242 2163 x223 Fax: (212) 675-8505


Smart + Strong will then take appropriate remedial action, which may include the removal of said infringing or violative material or items, from AIDSmeds.com. Please make all notifications of alleged infringements or violations promptly and allow Smart + Strong at least 48 hours to review and, if appropriate, remove the infringing or violative materials or items.

Smart + Strong is not responsible for material that is copied from the User's profile or postings.

7. PASSWORD AND SECURITY

The User will select a password upon completing registration. The User authenticates the User's session by entering the User's password and the User's ID. The User is responsible for maintaining the confidentiality of the password and for all activities in connection with the User's password. The User must immediately notify Smart + Strong of any unauthorized use of the User's password or any other breach of security.

To keep the User informed about Smart + Strong's latest offers, we may notify the User of current promotions, specials and new additions to AIDSmeds.com; we may also send the User service announcements and administrative messages. The User may unsubscribe to this information using their online profile settings.

8. ADDITIONAL USER RESPONSIBILITIES

The User shall comply with all applicable local, state, national and international laws and regulations in connection with the User's use of the Service, shall not impersonate any person or entity or falsely represent User's identity, and shall not interfere with the use of the Service by others, including, without limitation, by submitting any virus or other mechanism to the Service, by transmitting junk mail, spam, bombs or unsolicited e-mail or by attempting to cause the Service to crash. The User shall be solely responsible for the content that the User publishes, transmits or displays on AIDSmeds.com and for all communications in connection with the User's use of the Service. Any medical or legal advice contained in e-mails, profiles or on AIDSmeds.com should not be considered a substitute for professional medical or legal advice or care and should only be used after consulting with a doctor or lawyer.

The User shall not use the Service to communicate any unlawful, annoying, harassing, defamatory, libelous, abusive, threatening, harmful, vulgar, obscene or tortious content ("content" for purposes of the Ts and Cs shall mean data, textual material, software, sound recordings, audiovisual works, photographs or other illustrations or other information or materials) of any kind or any content that invades, infringes or violates the personal or proprietary rights of any person or entity. The User shall not attempt to gain unauthorized access to other networks that may be connected to the Service.

You shall not use the Service to: post or otherwise make available any content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harass or promote harassment of other members of the Service; send unsolicited e-mail; post or otherwise make available content you know to be inaccurate, illegal or misleading or that promotes conduct that is abusive, threatening, obscene, defamatory or libelous; post or otherwise make available content that exploits people under the age of 18 in a sexual, violent or other objectionable manner, or solicits personal information from anyone under the age of 18; in any way harm people under the age of 18; provide instructional content about illegal activities; post or otherwise make available content that you do not have the right to make available; solicit passwords or personally identifiable information for commercial or unlawful purposes from other members of the Service or users of AIDSmeds.com; or solicit other members of the Service or users of AIDSmeds.com to buy or sell any product or service without their prior consent.

9. INDEMNITY

The User shall indemnify and hold Smart + Strong harmless from any claim, demand, action, loss, cost or expense, including, without limitation, reasonable attorney's fees, arising out of or in connection with the User's use of the Service, the User's breach of any representation or warranty in the Ts and Cs, the User's violation or breach of the Ts and Cs or the User's violation or infringement of the rights of others.

10. LINKS, ADVERTISING AND THIRD-PARTY SERVICES

Links to other websites may be provided in the Service. Certain Smart + Strong branded services may be provided by third parties. Smart + Strong will not be responsible for the availability of such external sites or third-party services, and does not endorse and is not responsible or liable for any content, advertising, service, product, or other material on or available from such external sites, AIDSmeds.com, or third parties or for any damages caused by or in connection with such content, advertising, service, product or other material available from such sites or third parties.

11. SMART + STRONG's PROPRIETARY RIGHTS

Information made available to the User through the Service and the content of the Service may be protected under copyright, trademark, patent or other laws of the United States and foreign jurisdictions. User may use this information and content only as expressly authorized by Smart + Strong or the other proprietors of this information and content and may not reproduce, publicly display or perform, distribute or prepare derivative works of such information or content without express authorization of the proprietors thereof. "AIDSmeds", "SMART + Strong", and certain other trademarks and service marks displayed on the AIDSmeds.com Web site are trademarks and service marks of CDM Publishing, LLC, and the User shall not display or otherwise use for any purpose whatsoever such trademarks or service marks without the prior written permission of CDM Publishing, LLC.

12. CARE IN USING THE SERVICE

The User should use caution when using the Service. The User should be careful in using the Service to avoid misrepresentations and other harmful effects. Smart + Strong reserves the right at any time to screen or otherwise monitor content that is provided in connection with the Service and to delete or remove any content that violates the Ts and Cs or that Smart + Strong considers inappropriate, offensive, illegal, a threat to the rights or safety of any member of the Service or otherwise objectionable. Smart + Strong does not monitor that the people who are using the Service are bona fide, that confidential information will be treated as such or that the content provided is accurate, truthful, up-to-date or not misleading.

13. DISCLAIMERS AND DISCLAIMERS OF WARRANTIES

USE OF THE SERVICE IS AT THE USER'S SOLE DISCRETION AND RISK. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

MODELS USED FOR THE PROMOTION OF AIDSMEDS COMMUNITY FORUMS, OTHER PORTIONS OF THE SERVICE, OR AIDSMEDS.COM ARE NOT PRESUMED TO BE HIV POSITIVE.

Smart + Strong MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE FREE OF VIRUSES OR OTHER MECHANISMS, OR ERROR-FREE. Smart + Strong MAKES NO WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE. Smart + Strong MAKES NO WARRANTY REGARDING ANY TRANSACTION ENTERED INTO THROUGH THE SERVICE.

Smart + Strong DOES N0T MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF AIDSMEDS.COM OR ITS CONTENT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF AIDSMEDS.COM.

THE USER UNDERSTANDS AND AGREES THAT ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR AIDSMEDS.COM IS AT THE USER'S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THE USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA.

Smart + Strong EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

THE ABOVE EXCLUSIONS OF WARRANTIES MAY NOT APPLY TO THE USER IN JURISDICTIONS THAT DO NOT PERMIT SUCH EXCLUSIONS.

14. LIMITATION OF LIABILITY

Smart + Strong SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF WHATEVER KIND AND HOWEVER CAUSED, INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY OR DEATH, EVEN IF Smart + Strong KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, AIDSMEDS.COM OR THE CONTENT POSTED OR OTHERWISE MADE AVAILABLE THEREON OR ANY INTERACTION BETWEEN USERS, WHETHER ONLINE OR OFFLINE, ERRORS, OMISSIONS, INTERRUPTIONS, DELETIONS, DEFECTS, INTERNET OR OTHER DELAYS, COMMUNICATION-LINE FAILURES, THEFTS, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF USER OR MEMBER COMMUNICATIONS, OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICE OR THE AIDSMEDS.COM WEB SITE, OR THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED OR INFORMATION RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR THE AIDSMEDS.COM WEB SITE.

THE ABOVE EXCLUSIONS OR LIMITATIONS OF LIABILITY MAY NOT APPLY TO THE USER IN JURISDICTIONS THAT DO NOT PERMIT SUCH EXCLUSIONS OR LIMITATIONS.

15. GENERAL

The Ts and Cs shall be governed by the internal laws of the State of New York applicable to agreements made and to be fully performed therein, without giving effect to conflict of laws principles thereof. The User and Smart + Strong shall submit to the personal and exclusive jurisdiction of the courts located within the county of New York, State of New York.

If any provision of the Ts and Cs is held by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions of the Ts and Cs shall remain in full force and effect.

The paragraph headings are for convenience only and shall have no effect upon the meaning of the paragraph. 


© 2007 Smart + Strong. All Rights Reserved. terms of use and your privacy


Offline allopathicholistic

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #77 on: February 19, 2007, 10:42:18 PM »
Or should we -- me and everyone else --just let this go?

Does a bear shit in the woods?!?

Yes! Yes! YES!

Offline dtwpuck

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  • дано мне тело, что мне делать с ним?
Re: Terms of Use; or what some might call Rabble Rousing
« Reply #78 on: February 19, 2007, 10:47:06 PM »
Lydgate... there is no point in trying....

 Smart + Strong may amend or modify the Ts and Cs without notice, effective immediately, by posting the Ts and Cs on the AIDSmeds.com Web

You agreed to let them change it at their discretion.  it's all your fault.
Floating through the void in the caress of two giant pink lobsters named Esmerelda and Keith.

Offline poet

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  • Poet living and working in Central Maine
Re: Terms of Use; or what some might call Rabble Rousing
« Reply #79 on: February 20, 2007, 07:05:57 AM »
Actually not.  It can be argued in court that while S. and S. states: 'Smart + Strong may amend or modify the Ts and Cs without notice, effective immediately, by posting the Ts and Cs on the AIDSmeds.com Web site or by otherwise notifying the User of the Ts and Cs' that may not be sufficient notice under New York State or federal law, anymore than, to use my earlier example, a credit card company could change the terms and conditions without giving a card holder sufficient notification, allowing that holder to opt out.  Yes, we may agree to Terms of Use, but when such Terms of Use are in violation with case law, they are moot.  I suspect that multiple boiler plate was overlaid, the case going from 'The User' to 'you,' and so inconsistent. In some instances, S. and S. indemnifies itself.  In others, it posts what might be deemed rules without taking the responsibility for enforcing the 'rules' or otherwise indicating how such 'rules' will be enforced.  Either you draft it so that you (S. and S.) have nothing to do with what goes on (by indemnification) or you insist that The User will follow your regulations.  Win
Winthrop Smith has published three collections of poetry: Ghetto: From The First Five; The Weigh-In: Collected Poems; Skin Check: New York Poems.  The last was published in December 2006.  He has a work-in-progress underway titled Starting Positions.

Offline RapidRod

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #80 on: February 20, 2007, 07:23:02 AM »
Poet, this is not a credit card company, that uses secured sites. This is a forum that is unsecured. If you use IE to browse this forum it's not hard to tell that this forum is not secure. Do you see a padlock in the bottom right had corner telling you that you are on a secure website? No. No one would have a leagal stance. Yes anyone can take anyone about anything to court if they have the money for frivolous lawsuits. AidsMeds and S&S make it very clear in their policies.
« Last Edit: February 20, 2007, 07:24:46 AM by RapidRod »

Offline Andy Velez

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Re: Terms of Use; or what some might call Rabble Rousing
« Reply #81 on: February 20, 2007, 08:39:05 AM »
Dear All,

This is one of several similar threads in which positions have been clearly and repeatedly stated on the subject.

If there is still more that needs to to be said about the subject it will turn up.

In the meantime I am locking this thread.

Andy Velez

 


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