Is it just me, or do others here now avoid signing up for Websites which

[Up2Late]

...have these massive Legal Agreements and Terms of Service "read this then click here" notices before you can even try out a so-called FREE web service?

I mean, check these out at this Video hosting web-service (links below):

They are from the same company and sound like a Great deal...

<http://www.streamload.com/corporate/developers.html>

<http://www.mediamax.com/webservices/>

But, check out the Legal jibber jabber you have to agree too! Looks like a bunch of additional stuff has been added, due to the Patriot Act:

(This is the smallest of them, I'm reducing the font size so that it takes up less room)

<https://www.mediamax.com/Brands/MediaMax/home/signup.aspx>

This is the link to the "Terms And Conditions Of Use" from the link above: <https://www.mediamax.com/Brands/MediaMax/home/privacy.aspx#terms>

<http://www.mediamax.com/WebServices/Register.aspx>

STREAMLOAD APPLICATION PROTOCOL INTERFACE TERMS AND CONDITIONS

By clicking “Accept” below you agree to be bound by the following Terms and Conditions in use of the Application Protocol Interface (“API”) and related services provided by Streamload, Inc. (the "Streamload Web Services API").

DESCRIPTION OF SERVICE
The Streamload Web Services API provides an application protocol enabling users to utilize a number of features and services available to users of www.streamload.com and www.mediamax.com, including creation of user accounts, access to online data storage, digital content management, and other services which may become available in future versions of this API (the “Streamload Services”). You may integrate this API into applications and websites provided such incorporation is consistent with these Terms and Conditions. Unless explicitly stated otherwise, any new features that augments or enhances the current Streamload Service, including the release of new Streamload features, shall be subject to these Terms and Conditions.

PERSONAL AND LEGITIMATE USES ONLY

The Streamload Web Services API is intended for non-commercial use by third party application developers. If you are developing a commercial application utilizing the Streamload Web Services API, please send an email to [e-mail]. You cannot charge anyone in any way for the services provided by Streamload through the Streamload Web Services API, including but not limited to charging a one time fee or a subscription, or integrating the service into an existing subscription or displaying advertisements to access the Streamload Services. Accounts created through your use of the Streamload Web Services API must go through the standard Streamload sign up process located at http://www.streamload.com. You may not create any script or other automated tool that attempts to create multiple Streamload accounts.

If you are interested in use inconsistent with the foregoing, you must first obtain Streamload’s written consent. Please send an email to [e-mail] prior to any such use. If you fail to obtain Streamload’s prior written consent consistent with this paragraph, Streamload may terminate your access to the Streamload Web Services API and Streamload Services immediately and without notice, and may also be entitled to recovery of any damages and/or indemnity appropriate as a result of your actions.

You may not use Streamload Services in any manner that either directly or indirectly violates any domestic or foreign law, including but not limited to copyright, trademark, patent, and/or any other proprietary rights.

If you have questions on your contemplated use or if you have comments on Streamload Services or ideas on how to improve it, please email [e-mail].


COMMUNICATIONS FROM STREAMLOAD.COM

You understand and agree that Streamload may deliver communications from Streamload, such as service announcements, product information, administrative messages, the Streamload Newsletter, and advertisements to users of software incorporating the Streamload Web Services API. You may not opt out of receipt of such communications, and this Agreement is conditioned upon your agreement not to block, interrupt, alter, or otherwise interfere with the delivery of any and all such communications
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a Web Services Key (“Key”) upon completing the Streamload Web Service API registration process. You are responsible for maintaining the confidentiality of the Key and are fully responsible for all activities that occur by use of your Key. You agree to immediately notify Streamload if you become aware of or suspect any unauthorized use of your Key. Streamload cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

INTELLECTUAL PROPERTY

You agree not to remove, obscure, or alter Streamload’s copyright notice, trademarks, or other proprietary rights notices affixed to or contained within Streamload Web Services. You also acknowledge that Streamload owns all right, title and interest in and to Streamload Services; including without limitation all intellectual property rights (the "Streamload Rights"). The Streamload Rights include rights to the following: (1) the APIs developed and provided by Streamload, and (2) all software associated with the Streamload Web Services API, and (3) rights of attribution in all software incorporating the Streamload Web Services API or Streamload Services by use of the term “Powered By Streamload.com.” The Streamload Rights do not include the following: (1) third-party components used as part of Streamload Services; or (2) software developed by you in conjunction with using Streamload Services.

PUBLICITY

So long as you comply with your obligations under this Agreement, you may indicate that a product or service that you created either used or is based on Streamload Web Services API provided that those products or services do not, in Streamload’s sole opinion, (1) tarnish, infringe, or dilute Streamload’s trademarks, (2) violate any applicable law, or (3) infringe any third-party rights.

DISCLAIMER OF WARRANTIES

You understand and agree that the Streamload Services are provided "AS-IS:" Streamload expressly disclaims to the fullest extent permitted by law all express, implied, and statutory warranties, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Streamload disclaims any warranties regarding the security, reliability, timeliness, availability, and performance of the Streamload Services and Streamload assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user data or personalized settings.

Streamload disclaims any responsibility for any harm to you or any other party resulting from your use of the Streamload Web Services API or the Streamload Services. You understand and agree that you use Streamload Services at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the use of Streamload Services.


LIMITATION OF LIABILITY

The Streamload Web Services API and Streamload Services are being provided free of charge. Accordingly, you hereby waive any rights of actions which may accrue against Streamload by virtue of your use of the Streamload Web Services API or Streamload Services.

Under no circumstances shall Streamload be liable to any user of the Streamload Web Services API or Streamload Services because of such user's use of the same. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages whether such claim is based on warranty, contract, tort, or otherwise, even if Streamload has been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Streamload Web Services API or Streamload Services, from inability to use Streamload Services, or from the interruption, suspension, or termination of Streamload Services. Such limitation shall apply notwithstanding a failure of essential purpose of any limited remedy and to the fullest extent permitted by law.


INDEMNIFICATION

To the fullest extent permitted under law, you hereby agree to indemnify, defend and hold Streamload, its officers, directors, agents, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of your use of the Streamload Web Services API or Streamload Services, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Streamload reserves the right, at its own expense, to conduct the defense of any claim subject to indemnification by you.


TERM AND TERMINATION

If you wish to terminate this Agreement, you may simply cease using the Streamload Web Services API or Streamload Services. Streamload may terminate this Agreement and your account(s) at any time, without notice, and with or without cause.

GENERAL PROVISIONS

These Terms and Conditions will be governed by and construed in accordance with the laws of the State of California, without giving effect to the conflict of laws or provisions of California or your actual state or country of residence. Any dispute arising from these Terms and Conditions shall be adjudicated in the federal or state courts located in San Diego, California. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms and Conditions will be effective only if in writing and signed by an officer of Streamload.

<http://www.mediamax.com/WebServices/Register.aspx>:crazy:

[darkmaestro019]

1. I just put in gobbledygook

For some reason I always pick some variation of Sid Vicious when bastard stuff like this wants my life history and my address and my email. And I tend to live at 666 Not Your Business St. in Hell, Michigan. : )

[Up2Late]

3. Does that usually work?

I've thought about doing that, but have only done it on spam type stuff.

[magellan]

2. It's typical, really

As time goes on and users find more and more loopholes, the risk of legal exposure to the site becomes greater, so the legalese becomes more convoluted and prolific. It's one of the "joys" of trying to run any kind of business these days, particularly one that deals with potentially copyrighted material on the internet.

Western society is overly litigious.

[Bill McBlueState]

4. Which of this do you think is due to the Patriot Act?

I don't see anything obvious in there, but part of the genius of the Patriot Act is that it's so sneaky.

[Up2Late]

5. The one I posted here isn't nearly as bad as the Terms and Conditions...

...one at this link: <https://www.mediamax.com/Brands/MediaMax/home/privacy.aspx#terms>

Just try reading (and comprehending) it, I don't think I'd want to sign that one without having a lawyer read though and explain it to me first, because it looks like it has a bunch of legal traps in it. Yet, you have to agree to all that if you want to use their web-service, it's just ridiculous.

And it looks like, even if you quit using their site, they can keep and do just about anything they want to with, all the data you agreed to let them collect on you, and the ways you used their site.

It's nuts, but if you look at the way they promote their services, it just sounds like a great deal.

[Jim Lane]

6. The Dilbert take on it

In a sequence of Dilbert cartoons, Dilbert discovered that, when he downloaded a Microsoft product and clicked on the usage agreement without reading it, he had consented to become the towel boy at the Gates mansion.

I'm a lawyer and I never read the damn things either. Life's too short. I just gamble that Bill and Melinda already have a towel boy.

[niyad]

7. you don't actually give them real information, do you???

[Up2Late]

10. I haven't yet and since the TOS is so big and confusing, I probably...

...won't, which is a drag, because I can see how this type of on-line storage/back-up site could be a good thing to have.

[blogslut]

8. At least you read the TOS

I wish more people would. Surfers sign up for stuff every day and never read the Terms of Service first.

[sandnsea]

9. I just don't want to get a bunch of spam

That's why I avoid signing up for various web sites. I haven't read a TOS in years.