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  1. phpBB3
  2. PHPBB3-9358

Terms and conditions are bogus.

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Details

    • Bug
    • Status: Closed (View Workflow)
    • Minor
    • Resolution: Duplicate
    • 3.0.x
    • 3.1.3-RC1
    • Other
    • None

    Description

      The terms and conditions a new registrar must agree to in order to register are mostly bogus and serve no purpose. The new user is required to agree to statements that are not necessarily true and much of it may be in contradiction to law.

      I will go over the terms, line by line.

      "By accessing "myforums.com" (hereinafter "we", "us", "our", "myforums.com", "http://myforums.com/community"), you agree to be legally bound by the following terms."

      For the purpose of this agreement you should decide on a single name (do not use "we", "us", URL, etc.). Furthermore, a URL does not refer to any specific legal entity; you cannot engage in a contract with a URL because contracts can only be enacted between people.

      "If you do not agree to be legally bound by all of the following terms then please do not access and/or use "phpBB.com"."

      This is a request ("please") and a request is not something that can be agreed to in the terms of a contract.

      "We may change these at any time and we'll do our utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of "phpBB.com" after changes mean you agree to be legally bound by these terms as they are updated and/or amended."

      A contract is not enforcable if a party changes the contract without notifying the other party (and without giving the other party the option to dissolve the contract). You must specify how the user will be notified of a change in the terms; it can never be the user's responsibility to keep checking the terms.

      "Our forums are powered by phpBB (hereinafter "they", "them", "their", "phpBB software", "www.phpbb.com", "phpBB Group", "phpBB Teams") which is a bulletin board solution released under the "General Public License" (hereinafter "GPL") and can be downloaded from http://www.phpbb.com.

      This is a statement of fact, and have no meaning in the terms and conditions. It is not relevant to the user what software is used to run these forums in this context.

      "The phpBB software only facilitates internet based discussions, the phpBB Group are not responsible for what we allow and/or disallow as permissible content and/or conduct. For further information about phpBB, please see: http://www.phpbb.com/.

      phpBB does not need to be mentioned as I decribed above.

      "You agree not to post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated or any other material that may violate any laws be it of your country, the country where "myforums.com" is hosted or International Law."

      It is not reasonable to tell a user that he must not violate any laws of a different country. The term "International Law" is vague and does not point to any laws in particular or in general. These problems can be avoided by using the term "applicable".

      "Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us."

      This is a statement of intent; it has no relevance since it does not require acceptance by the user.

      "The IP address of all posts are recorded to aid in enforcing these conditions."

      It may be useful to list the other information that is stored in database, for example the email address (and how they will be used).

      "You agree that "myforums.com" have the right to remove, edit, move or close any topic at any time should we see fit."

      Even though a user might agree to this term, it is not necessarily true. In many jurisdictions, applying censorship is strictly governed by law and may topics may, legally, not be "removed, edited, moved or closed ... should we see fit."

      "As a user you agree to any information you have entered to being stored in a database."

      What is the length of time that this information will be stored?

      "While this information will not be disclosed to any third party without your consent, neither "myforums.com" nor phpBB shall be held responsible for any hacking attempt that may lead to the data being compromised."

      phpBB cannot be held responsible because the software does not come with warranty. In any event, the person who runs the database would, in fact, be liable if they are found to be negligent and personal information is stolen. A user agreeing otherwise does not negate the forum administrator's responsibility or liability.

      I am willing to write up a new set of terms and conditions, if you invite me to do so.

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              nickvergessen Joas Schilling
              bjacques bjacques
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                Created:
                Updated:
                Resolved: