Apparently, some people haven't been taking the post I wrote on civility last week too seriously. It's getting harder and harder to have a real discussion in here, and that bothers me.
My asking nicely hasn't worked. So now there are two choices: comment moderation or user registration.
If comments are moderated, anonymous posting would remain but I'd have to approve each comment. Since I spend part of each day far, far away from the computer, comments may take as long as six, seven hours to appear.
If users are required to register, comments will not be moderated but you'll have to sign up for a Blogger account, if you don't have one already. This is amazingly easy to do.
Frankly, I prefer the second option. I have a new job which takes up a great deal of my time, and I'd rather spend the time I have writing posts instead of moderating comments. But, since all of you will be affected by this as well, I'll give you all the chance to weigh in. Vote in the poll below.
I don't promise to abide by the decision, but I'll give your opinions all due consideration.
And, lastly, I really don't like doing this. But, after a long time of resisting it, I finally do feel it's necessary.
24 comments:
How about no anon posting?
That's what the user registration is.
One thing about user registration is that I'll be able to turn word verification off.
No anon is long overdue (although I understand Genghis' viewpoint regarding posting anon).
The only reason I keep anon on my blog is because with haloscan, you can keep an eye on everyone via their IP addresses which makes it easy to hit someone on the wrist when they get out of line.
If we go to user registration, I do think we'll lose a few people, which is sad. But overall I think that things will improve around here.
And if it doesn't work, we'll try something else.
GC:
As I click on some of the user names posted on this thread, I see nothing "identfying" about them other than -- I'm guessing -- what they chose to provide on the Blogger form. I could, presumably, continue to use "ADA (N!R!) as my handle, and not have identifying info such as my e-mail address, etc., revealed, right?
Exactly. It's not intrusive at all, but allows for a consistent handle.
It is pretty sad, isn't it? Maybe once this is done, we can work on building a saner community.
I tried to set up bluecoat but it's already used according to Blogger. I don't know if I'll be back or as who either. Too bad the wackos from the left and the right tried to destroy this blog with their nonsense and I say that as someone who admits to sometimes crossing the line with a comment or two to make a point.
GC: Making people register would unfortunately limit the amount of debate in this forum. While there is a downside to anonymity, the upside is that some are willing to exchange good information only because of that comfort level that they recieve.
The upside clearly outweighs the downside. Although some comments lack decorum from time to time, this is still the best forum available. I would say, don't change a good thing.
Random comments:
I do believe that User Registration is the way to go. However, I want to point out a few different things.
It won't guaranetee better discussions, registered users have posted some pretty obnoxious things here in the past, but it is a step in the right direction.
To a certain extent, what we really need is better sense community and a committment to encouraging intelligent discourse.
As annoying as word verification is, I wouldn't turn it off. There are a lot of registered spammers.
bluecoat: You can set up an account with whatever isn't already taken as a userid, and then set your display name to 'bluecoat' My userid isn't 'Aldon Hynes'. That is simply the name that gets displayed.
ronald reagan: I actually believe that making people register will significantly improve the amount of debate here. If you want real debate, you should be willing to at least register. As you will note from people like 'genghis conn', 'truebluect' or 'ctblogger', when you register, you don't have to use your real name.
My random thoughts for now. I do hope this will return comments on the blog to the level we've seen in the past.
GC: Real shame to weaken your forum by losing anonimity. That is where the attraction to this forum exists for people like me (however I am). Perhaps establishing a second string/blog for anon posters. Is anyone really that offended by the comments we've seen on here? Certainly not nearly as offensive as a email "bulk" box filled with advertisements for male enlargment! The nature of the topics and the posters (occupations) the success of this blog relies on requires anonimity. I might also add that while somewhat juvenille, some of it has been pretty funny. Robble Robble!
I gather to change this blog into one that can deal with un-civility will take money....can we have Rick Melita summa wrestle Lisa Moody for money for the upgrade?
I don't understand what the trouble would be with eliminating anon posting, because all you have to do is spend five minutes signing up - you'll still have all the anonymity you want. , you don't have to provide your real name.
Plane and simple the "terrorist" win when you give in like that. GC, you've done a admirable job at taking down brutally offensive commentary, and we've done a good job of letting you know its there.
Remove the ability to post anonymously, and the bad guys have achieved just what they hoped to.
Aldon Hynes (if that is in fact your real name) posted:
It won't guaranetee better discussions, registered users have posted some pretty obnoxious things here in the past,
And then said in the next breath:
ronald reagan: I actually believe that making people register will significantly improve the amount of debate here. If you want real debate, you should be willing to at least register.
Guess there is no topic on which Aldon doesn't want to have his cake and eat it too? He's voting against it before he votes for it. ;-)
dear senator kerry...most of us here know that Aldon is a gas bag and someone who is into policitcs for money...he whores himself to any race he can....and he has no experience in any winning campaign.
Dodd for President:
Bush lied....he has ruined this country and created another vietnam...yap,yap yap...
Let's see....Liberals are pis*ed at Lieberman for supporting the George Bush War. We know that Dodd supports Lieberman. So, does that mean Dodd indirectly supports Bush or is the war all of a sudden not such an important issue to Democrats? Which way do you want it?
Nice and easy to sign up... NOT
Terms of Service for Blogger.com
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE Blogger.com ("Blogger"), owned and operated by Pyra.com, Ltd. ("Pyra"), is provided to you ("Member") under the terms and conditions of this Blogger Terms of Service (BTS) and any operating rules or policies that may be published by Pyra. The BTS comprises the entire agreement between Member and Blogger and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE BTS.
2. DESCRIPTION OF SERVICE Blogger provides Member with various publishing and community services, including but not limited to the capability to post information to a web page and participate in web-based discussions. Some of these services will be free of charge, others may cost money or have other requirements. The requirements or fees for any service or option will be clearly explained and separately agreed to when Member implements those options, if any. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access.
3. MODIFICATIONS TO TERMS OF SERVICE Pyra may change the terms and conditions of the BTS from time to time. Upon major changes in the terms and conditions of the BTS, Pyra will notify you by posting the changes as a start-up screen prior to your subsequent use of the Service. If you agree to be bound by the changes, you must again click the "I Accept" button that will follow the posted changes. If you do not click the "I Accept" button, you may terminate your use of the Service at that time. Minor changes in the terms and conditions of the BTS will be posted to Blogger News at http://www.blogger.com.
Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the BTS and BTS modifications; and (2) agreement by Member to abide and be bound by the BTS and BTS modifications.
4. MODIFICATIONS TO SERVICE Pyra reserves the right to modify or discontinue the Service with or without notice to Member. Pyra shall not be liable to Member or any third party should Pyra exercise BTS right to modify or discontinue the Service.
5. PRIVACY POLICY All information entered into Blogger by Member is private to Member except to the extent that he or she opts to share that information with other Blogger members and/or the public, through Blogger or otherwise.
It is Pyra's policy to respect the privacy of Members. Therefore, Pyra will not disclose to any third party Member's name or contact information. Pyra will also not monitor, edit, or disclose the contents of a Member's information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Pyra; (2) protect and defend the rights or property of Pyra; or (3) act under exigent circumstances to protect the personal safety of BTS members or the public; (4) fix or debug problems with the Blogger software/service.
6a. CONTENT OWNERSHIP Unless stated otherwise for specific services, Member will retain copyright ownership and all related rights for information he or she publishes through Blogger or otherwise enters into Blogger-related services.
6b. CONTENT RESPONSIBILITY Member acknowledges and agrees that Pyra neither endorses the contents of any Member communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY Once you become a member of the Service, you shall receive a password and an account. You are entirely responsible if you do not maintain the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You may change your password at any time (to do so, go to the team area of any blog you are a member of, click on your name and then "edit profile"); you may also set up a new account and close an old one at your convenience.
Member agrees to immediately notify Pyra of any unauthorized use of Member's account or any other breach of security known to Member.
8. DISCLAIMER OF WARRANTIES MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
PYRA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PYRA MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES MAKE ANY 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 OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED.
MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
PYRA MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
9. LIMITATION OF LIABILITY PYRA SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. NO RESALE OF THE SERVICE Member agrees not to resell the Service, without the express consent of Pyra. (Note: Setting up Blogger blogs for clients to update their web pages and charging for your time is fine.)
11. STORAGE AND OTHER LIMITATIONS Pyra assumes no responsibility for the deletion or failure to store information entered into Blogger.
Pyra has set no fixed upper limit on the number or posts Member may send or receive through the Service or the amount of storage spaced used; however, Pyra retains the right, at Pyra's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the BTS and may terminate Service if a Member's conduct is found to be inconsistent with the BTS.
12. MEMBER CONDUCT Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations.
Member agrees: (1) to comply with US law regarding the transmission of technical data exported from the United States through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service.
The Service makes use of the Internet to send and receive certain messages; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process.
Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, or harmful material of any kind or nature. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. Attempts to gain unauthorized access to other computer systems are prohibited.
Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services.
Pyra may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the BTS.
13. INDEMNIFICATION Member agrees to indemnify and hold Pyra, parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this BTS by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
14. TERMINATION Either Member or Pyra may terminate the Service with or without cause at any time and effective immediately. Pyra shall not be liable to Member or any third party for termination of Service.
Should Member object to any terms and conditions of the BTS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately discontinue use of the Service.
Upon termination of the Service, Member's right to use the Service and Software immediately ceases. Member shall have no right and Pyra will have no obligation thereafter to forward any unread or unsent messages to Member or any third party.
15. NOTICE All notices to a party shall be in writing and shall be made either via email or conventional mail. Pyra may broadcast notices or messages through the Service to inform Member of changes to the BTS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
16. PARTICIPATION IN PROMOTIONS OF ADVERTISERS Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. Pyra assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
17. PROPRIETARY RIGHTS TO CONTENT Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or email-distributed, commercially produced information presented to Member by the Service ("Content") by Pyra or Pyra's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
18. LAWS The BTS shall be governed by and construed in accordance with the laws of the state of California, excluding BTS conflict of law provisions.
Member and Pyra agree to submit to the exclusive jurisdiction of the courts of the state of California. If any provision(s) of the BTS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Pyra's failure to exercise or enforce any right or provision of the BTS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Pyra in writing.
Member and Pyra agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the BTS are solely used for the convenience of the parties and have no legal or contractual significance.
Terms of Service for Blogspot.com
Blog*Spot is an optional hosting service for Blogger-powered blogs. If the Blog*Spot option is selected, the following terms also apply:
1. ACCEPTANCE OF TERMS Welcome to Pyra's BlogSpot. Pyra.com Ltd. ("Pyra") provides the BlogSpot service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you; provided that, we will not alter Section 5 ("Content Submitted to BlogSpot") without prior notice to and acceptance by you. You can review the most current version of the TOS at any time at: http://www.blogspot.com/tos.html. Please note that other Pyra services (like Blogger) are governed by a different Terms of Service.
2. DESCRIPTION OF SERVICE BlogSpot currently provides users with access to web page hosting services, specifically for Blogger-powered web pages (the "Service"). (Blogger is a separate service of Pyra which does not require BlogSpot. BlogSpot is provided simply as a convenience for Blogger users who don't already have a place to put the Blogger-powered site.) Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to this TOS. Now, this next part seems really damn obvious, but everyone else has it in their TOS's so someone's probably gotten sued for not having it. So: In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3. Pyra PRIVACY POLICY It is Pyra's policy to respect the privacy of Members. Therefore, Pyra will not disclose to any third party Member's name or contact information. Pyra will also not monitor, edit, or disclose the contents of a Member's information unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the edicts of the law or comply with legal process served on Pyra; (2) protect and defend the rights or property of Pyra; or (3) act under exigent circumstances to protect the personal safety of Pyra service's users or the public; (4) fix or debug problems with the BlogSpot servers/software/service.
4. MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Pyra, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. Pyra does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
You agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a Pyra official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (h) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (i) "stalk" or otherwise harass another; (j) collect or store personal data about other users; (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;
5. CONTENT SUBMITTED TO BlogSpot
Pyra does not claim ownership of the Content you place on your BlogSpot Site. Pyra may quote or reproduce small portions of your content (if you have made it public) in order to promote your BlogSpot site and/or the BlogSpot service, but only on a fair-use-type basis.
You acknowledge that Pyra does not pre-screen Content, but that Pyra and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, Pyra and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
6. INDEMNITY You agree to indemnify and hold Pyra, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
7. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service.
8. MODIFICATIONS TO SERVICE Pyra reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pyra shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. TERMINATION You agree that Pyra, in its sole discretion, may terminate your password, BlogSpot Site, use of the Service or use of any other Pyra service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Pyra believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Pyra may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Pyra may immediately deactivate or delete your BlogSpot Site and all related information and files in your BlogSpot Site and/or bar any further access to such files or the Service. Further, you agree that Pyra shall not be liable to you or any third-party for any termination of your access to the Service.
The following point (#10) does not apply if you opt for ad-free hosting, BlogSpot Plus 25 or Plus 100 service.
10. ADVERTISEMENTS AND PROMOTIONS Pyra runs advertisements and promotions on BlogSpot Sites. By creating your BlogSpot Site, you agree that Pyra has the right to run such advertisements and promotions. You also agree that you will not attempt to block or otherwise interfere with advertisements displayed on your BlogSpot site via JavaScript or any other means. Doing so is grounds for immediate termination of service. The manner, mode and extent of advertising by Pyra on your BlogSpot Site is subject to change. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Pyra shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
11. Pyra PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Pyra or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
This is the all-caps part:
12. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Pyra EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) Pyra MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Pyra OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (e) IF YOU HAVE READ THIS FAR THEN YOUR EYES PROBABLY HURT. ALL CAPS, WHAT WERE WE THINKING? HOWEVER, WE ARE NOT LIABLE FOR THIS OR ANY OTHER OCULAR MALADY.
13. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT Pyra SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Pyra HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
14. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 AND 13 MAY NOT APPLY TO YOU.
15. NOTICE Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
16. GENERAL INFORMATION The TOS constitute the entire agreement between you and Pyra and govern your use of the Service, superceding any prior agreements between you and Pyra or BlogSpot (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other Pyra services, third-party content or third-party software. The TOS and the relationship between you and Pyra shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Pyra agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of Pyra to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
17. VIOLATIONS Please report any violations of the TOS via the Blogger Support home page.
Anon 5:56 - I was wondering if you could post War and Peace? I would like to read it again, but I don't have time to go to the library...
GC - I am in favor of the use registration, if only so we all have consistent usernames. That said, I don't think it will do much to improve civility... Maybe another meet and greet?
Again, the anonymous, and pseudonymous trolls illustrate their lack of reading comprehension and the reason that something should be done if this site is to have any relevancy.
The person posting as ‘Sen. Kerry of MA’ illustrates this lack of intelligence. If we were to only act upon things that are guaranteed, then we would be completely ineffective due to analysis paralysis. No, there are not guarantees in life. But that does not mean we should avoid pursuing the most prudent course. But perhaps this is a little bit too complicated an idea.
No, it is better to resort to juvenile personal attacks, the way Anon(5:36) prefers. Call me a gas bag. Yeah, that’s sophisticated. Maybe we can even add in jokes about flatulence. That promotes intelligent discussion. I must admit that when Rabelais did it in Gargantua and Pantagruel it was fairly funny, but that is just so sixteenth century.
Call me a whore. Insult me. That will make me look really bad and make you look really smart.
It's a small state. We should all get together at some point. How many can we cram into the counter at the Olympia Diner?
Aldon, if you take yourself any more seriously, or provide any more hyper-literatish references, you may implode. Get a sense of humor already. You contradicted yourself, it was funny. Take it from me, it is easy to trip oneself up when one is trying too hard to be clever.
Gabe: that anon5:56 could have emebedded a link but he must be a Republcan - an obnoxious one at that and maybe even a legislative aide.
Blueoat: I say annon 5:56 is a union state employee working nights. Probably bored and typed the whole thing out.
Post a Comment