Draft Members Agreement

[COBOLdinosaur]

any other terms that outright imply 'power' should also be changed to a more friendlier term. Less TOS like then

There is nothing inheritly unfriendly about power, or the people who have it.  What is unfriendly is misused power and abuse of power.  When I set up the PHP group to multi-modrator.  It used th term Group Owner to describe you role.  So I changed it to Group Manager.  I din't like the idea of someone owning a group and I didn't thik you would either.  That has not to do with TOS.

We cannot react to past wrongs done there.  This is a new place and a new idea.  Bringing old issues and old angry with us means we can never leave it behind.  What happened there should stay there.  This is here and now, and the future is ahead not back at TOS.  We just need to forget that place ever existed.

[coral1]

Think of it as a challenge. Florida is the place they love voting challenges isn't it?

ROFL!  Good comeback. Score 1 for Cd&.

Already on it. I'll post a locked poll late this weekend, so one of you can double check it, before the vote begins next week.   : )

[COBOLdinosaur]

Did the snake eat the cat?

[Huntress]

I'll check it over coral.  But I'm wondering what happened to those lovely red eyes of yours?  <snicker>

[coral1]

Did the snake eat the cat?

 
Burrrpppppp  

what happened to those lovely red eyes of yours?

I wasn't sure how well they would be liked over here, so I put in contacts to cover them.

 :twisted:

[Anonymous]

2 - You agree not to post abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-oriented material, or any other material that may violate any applicable laws.

Whose laws?

Laws on privacy and decency are VERY different in different countries.

Also, if you live in certain countries, even discussing things MAY be deemed inappropriate. State (as in government) proxyservers may pick out things WE think are fine, but not for the recipient living behind the firewall.

I'm not (at this time) proposing a change here, just to bring to your awareness that what we deem appropriate may not be for all.

But, in general, this is OK. I think we need to deal with SOME violations on a case-by-case basis.

The "or any other material that may violate any applicable laws" is the bit I have a relatively minor issue with. Now, before I submit this, I'm going to have to read the entire thread, just in case this has been covered! (Which it doesn't seem to be).

[COBOLdinosaur]

Applicable laws is basically a catch all to address situations where an individual is in a country where online activities are very restrictive.  While we might be sympathetic to an individual living in a country that limits access, if we help them violate local laws we could be doing them great harm; if they got caught.  The "applicable laws" clause lets us back away based on MA, or draw a limit on how far we will go.  

Don't forget this is the "Members Agreement" and the Mentors Charter which I am working on will give Mentors more discretionary options than what we have commonly seen on other sites, and the Council will really be the keeper of policy on such things.  The real advantage of the Council having that policy role is that we should be able to respond to real world conditions instead of robotically quoting a document that may be out of date or to vague.

As far the laws that govern site operation.  Let's see.  The hosting company is in the U.S., but the billing is through their parent company in the UK.  The servers are physically in a facility in Bulgaria, and I operate the site from Canada; So...  the law that applies is ... ??? ...

Seriously though in any business matter the applicable law is Canadian because that is where I operate from, and where any contract obligation is entered into. If anyone wanted to sue me they would have to do it in Canada.

[Anonymous]

If anyone wanted to sue me they would have to do it in Canada.

Gee. Where's NetForce when you need them!

[CrYpTiC_MauleR]

The servers are physically in a facility in Bulgaria,

AFAIK the laws would apply to where the server/content is physically located. Host company can be in Canada, you can be in Germany, domain could be register under (UK) registrar, but the laws that apply to the content would apply to Bulgaria. Anyone correct me if I am wrong. Its just how I have learned it. Reason many P2P sites and warez sites are on servers located in countries which dont consider it illegal.

[COBOLdinosaur]

Cool.. If someone wants to sue in Bulgaria... lots of luck trying to get me into court.  Though I might decide to show up.  They have cheap beer in Bulgaria.  8)

[coral1]

<sigh>
How am I suppose to close these things if you all keep talking in them?

 :lol:

[CrYpTiC_MauleR]

lock them?

[coral1]

lock them?

 :lol:       Deja vu. Thought I was in the Lounge for a second there.

[CrYpTiC_MauleR]

Does ERT have the right to change the agreement at any time and make ammendments but must be of course given advance notice to members when a change is to occur.

[Daydreams]

Does ERT have the right to change the agreement at any time and make ammendments but must be of course given advance notice to members when a change is to occur.

Actually this is important. It is likely that as the site develops there may be a need to change certain provisions. The advance notice is problematic, because visitors can claim they didn't get the email. the "not knowing the rules is no excuse" clause covers this, though.

I think we need to add a clause that  ERT has the right to change or add to the provisions of the agreement, which will not nullify any other clause in the agreement, and will be effective immediately.

Good point CM!