Date: Wed, 17 Sep 2003 05:50:08 -0400
From: Gene Gaines <gene.gaines@xxxxxxxxxxxxxxx>
To: dave@xxxxxxxxxx, lauren@xxxxxxxx, neumann@xxxxxxxx
Are you sure you want to make the decision to "use" the web today?
Fair warning. Perhaps you should have a good lawyer review the
below legal notices before you access another .COM or .NET address.
I thought the Internet was an open, free means of communication.
Foolish me.
Verisign claims, if you mistype an address in "their" address space,
that:
"At any time VeriSign may modify or terminate these terms of use,
its websites and the VeriSign Services and may at any time
discontinue your use of the VeriSign Services without any notice
to you, and without liability to you, any other user or any third
party. Please review these Terms of Use from time to time so that
you will be aware of any changes. Your continued use of the
VeriSign Services constitutes your agreement to all such terms,
conditions, and notices."
Does this have anything to do with the fake "your domain name is
expiring, send us your money now" mailing I received from Verisign
when I do not have any domain names registered with them?
The text from Verisign's Terms of Use page linked on the Verisign
Sitefinder page is below.
No, I won't include the entire text. You will have to go to the
sitefinder.verisign.com web site to obtain the entire text.
But, do you dare take that action?
Does accessing that site mean that you have agreed to the terms of
their legal notice? Remember UCITA? The good legislature of the
Commonwealth of Virginia passed an early draft of UCITA without so
much as a good look at it. My supposition is, if you or the Verisign
host are in Virginia, you automatically have agreed to the notice by
accessing it.
It is worth noticing the address of the Verisign legal department:
21355 Ridgetop Circle, Dulles, VA 20166.
You did read the Verisign privacy policy at sitefinder.verisign.com
didn't you?
I guess it is not important. There are a few things there such as:
"When you visit our Site Finder, our computers may automatically
collect statistics about your visit. ... We may monitor statistics
such as how many people visit our Site Finder, the visitor's IP
address, which pages a visitor views, from which domains our
visitors come and which browsers and browser settings visitors use."
"We assure you that the information we gather from you about your
visit is in aggregate form and solely for the purposes of operating
and improving the performance of our Site Finder." [I assume this
may include financial performance, political performance, etc.
-Gaines comment]
"... We may use temporary cookies ... This is set upon your arrival
to our Site Finder. We may use permanent cookies for the purpose of
remembering and enabling your indicated preferences for content
filtering. ... Our third party web site analytics vendor also may
send a permanent cookie in order to track click behavior and gather
aggregate information, including information to define new visitors,
analyze site path data, and track historical commerce information."
"... we may correlate Web site traffic information with data about
individual users ... We may also break down overall usage statistics
according to customers' domain names, browser types, and MIME types
by reading this information from the browser string ..."
"You are responsible for periodically checking our web site for
changes to this Privacy Policy."
Did you notice that the above indirectly implies you give Verisign
authorization to do content filtering for you? Gosh. That is yet
another legal notice, at
http://sitefinder.verisign.com/preferences.jsp?cookie=1&ru=/lpc
If you access that page, Verisign automatically places a cookie and
sets "Partial filtering".
Given all the above, I am sitting here thinking. Do I need the
Internet? Can I do without it today? No, I cannot. I will not be
able to earn an income this day without using the Internet. There
is a hurricane coming, and I have preparations, people to contact
whose email addresses I have, but not their phone numbers. Yesterday
a laptop computer going to my nephew in Spain was stolen from FedEx,
I have his email address but not his phone number, and he will be
at a cybercafe in Barcelona in a few hours. I have 300 people to
notify of a get-together in DC this evening, and a reception after
an FCC event tomorrow, I can do that with one email but I do not have
phone numbers. A check is being deposited in my bank account tonight,
I was counting on paying some bills online. Do I need the Internet?
Perhaps this morning I should take time to drive over to Verisign's
legal department, it is only 15 minutes from my house.
Gene Gaines
gene.gaines@xxxxxxxxxxxxxxx
Sterling, Virginia USA
From http://sitefinder.verisign.com/terms.jsp :
Terms Of Use
1. INTRODUCTION.
In these terms of use ("Terms of Use"), "you" and "your" refer to
each user ("User") and its agents and "we", "us" and "our" refer
collectively to VeriSign, Inc. and its wholly owned subsidiaries
(collectively "VeriSign"). This Agreement sets forth our obligations to
you, and your obligations to us solely in relation to the use of the Site
Finder services provided through this web site (the "VeriSign Service(s)").
2. NATURE OF THE VERISIGN SERVICES.
You may have accessed the VeriSign Service(s) by initiating a query
to our DNS resolution service for a nonexistent domain name. We are
unable to resolve such queries through the DNS resolution service. You
are free to reformulate your query and retransmit in the manner you
transmitted your initial query or to use the search services of third
party providers. The information provided through the VeriSign Services
is not necessarily complete and may be supplied by VeriSign's commericial
licensors, advertisers or others. The system used to provide the VeriSign
Services is separate and apart from that which is used to provide the DNS
resolution service and may differ substantially in terms of speed, uptime
and other performance parameters. The VeriSign Services complement our
DNS resolution service and provide information that may prove useful to
you in locating the resources you originally intended to access. The
VeriSign Services are provided only for your personal and non-commercial
use. You are not authorized to modify, copy, display, transmit, license,
create derivative works from, transfer, distribute or sell any
information, software, products or services obtained from the services
VeriSign provides through this web site. You may not "meta-search" the
VeriSign Services. If you want to make commercial use of the VeriSign
Services, you must enter into an agreement with us to do so in advance.
3. COST OF THE VERISIGN SERVICES.
The Verisign Service(s) are provided to you free of charge.
4. LINKS TO THIRD PARTY WEB SITES.
The VeriSign Service may automatically display categories and links
to other third party web sites. These sites are displayed as search
results or are linked through keyword search results by the VeriSign
Services. These third party sites are not within our control, and
VeriSign does not endorse, and is not responsible for any content on any
linked sites or the goods or services offered on such sites. The search
results that appear are merely made available to you for your own
non-commercial use. We cannot be held liable for the acts or omissions of
those third party sites. Your obligations and usage may be governed by
such third party's terms and conditions and it is not our responsibility
to require such access by you or your compliance with such terms and
conditions. VeriSign does not represent, control or verify the accuracy
of the information made available through the VeriSign Service.
BY THE VERY NATURE OF THESE VERISIGN SERVICES, THE RESULTS MAY
CARRY SUBJECTIVE MATERIAL AND INFORMATION. YOU AGREE AND ACKNOWLEDGE THIS
AND WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN
ACCESSING THE VERISIGN SERVICES AND THIRD PARTY WEBSITES. AS A CONDITION
OF YOUR USE OF THE VERISIGN SERVICES YOU WILL NOT USE THE VERISIGN
SERVICES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THE TERMS AND
CONDITIONS HEREIN.
5. Use of the VeriSign Services.
You agree not to use the VeriSign Services in any manner that is
unlawful, or in any manner that could damage, disable, impair or
otherwise interfere with another party's enjoyment and use of the
VeriSign Service. You may not manipulate or attempt to gain unauthorized
access to our website or systems or any websites or systems connected
through our website through hacking, password mining or any other means.
6. Modification by VeriSign.
At any time VeriSign may modify or terminate these terms of use,
its websites and the VeriSign Services and may at any time discontinue
your use of the VeriSign Services without any notice to you, and without
liability to you, any other user or any third party. Please review these
Terms of Use from time to time so that you will be aware of any changes.
Your continued use of the VeriSign Services constitutes your agreement to
all such terms, conditions, and notices.
7. No Warranties.
THE VERISIGN SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. VERISIGN, TO THE
FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A
PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY
OR THIRD PARTY RIGHTS. VERISIGN MAKES NO WARRANTIES OR GUARANTEES AS TO
THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE VERISIGN
SERVICES OR ANY OTHER MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND
LINKS FOUND ON THE VERISIGN SITE. VERISIGN DOES NOT WARRANT THAT THE
VERISIGN SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER
IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. YOU UNDERSTAND AND
AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE
USE OF THE VERISIGN 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 DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED
WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO
HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO
JURISDICTION.
8. Consequential Damages Waiver.
NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR
ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FROM LOST
PROFITS OR LOST USE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES; THIS SECTION DOES NOT LIMIT EITHER PARTY?S
LIABILITY TO THE OTHER FOR (A) WILLFUL AND MALICIOUS MISCONDUCT; OR (B)
INDEMNIFICATION UNDER SECTION 11 HEREIN.
9. Liability Limitation.
UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER
PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR
EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT (INCLUDING
SUCH DAMAGES INCURRED BY THIRD PARTIES), SUCH AS, BUT NOT LIMITED TO,
LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. YOUR USE OF THE
VERISIGN SERVICES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY
OF THE MATERIALS, RESULTS OR OTHER CONTENTS OF THE VERISIGN SERVICES OR
WITH THESE TERMS AND CONDITIONS, OUR PRIVACY STATEMENT, OR OTHER
POLICIES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE VERISIGN SERVICES
OR OUR SITE.
10. Sole Remedy.
YOUR USE OF THE VERISIGN SERVICES IS AT YOUR RISK. IF YOU ARE
DISSATISFIED WITH ANY OF THE MATERIALS, RESULTS OR OTHER CONTENTS OF THE
VERISIGN SERVICES OR WITH THESE TERMS AND CONDITIONS, OUR PRIVACY
STATEMENT, OR OTHER POLICIES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF
THE VERISIGN SERVICES OR OUR SITE.
11. OWNERSHIP.
Except as otherwise set forth herein, all right, title and interest
in and to all, (i) registered and unregistered, U.S. and foreign,
trademarks, service marks and logos; (ii) U.S. and foreign patents,
patent applications, and patentable ideas, inventions, and/or
improvements; (iii) U.S. and foreign trade secrets, proprietary
information, and know-how; (iv) all divisions, continuations, reissues,
renewals, and extensions thereof now existing or hereafter filed, issued,
or acquired; (v) registered and unregistered, U.S. and foreign copyrights
including, without limitation, any forms, images, audiovisual displays,
text, software and (vi) all other intellectual property, proprietary
rights or other rights related to intangible property which are used,
developed, comprising, embodied in, or practiced in connection with any
of the VeriSign services identified herein ("VeriSign Intellectual
Property Rights") are owned by VeriSign or its licensors, and you agree
to make no claim of interest in or ownership of any such VeriSign
Intellectual Property Rights. You acknowledge that no title to the
VeriSign Intellectual Property Rights is transferred to you, and that you
do not obtain any rights, express or implied, in the VeriSign or its
licensors' service, other than the rights expressly granted in this
Agreement. To the extent that you create any Derivative Work (any work
that is based upon one or more preexisting versions of a work provided to
you, such as an enhancement or modification, revision, translation,
abridgement, condensation, expansion, collection, compilation or any
other form in which such preexisting works may be recast, transformed or
adapted) such Derivative Work shall be owned by VeriSign and all right,
title and interest in and to each such Derivative Work shall
automatically vest in VeriSign. VeriSign shall have no obligation to
grant you any right in any such Derivative Work.
12. INDEMNITY.
You agree to release, indemnify, defend and hold harmless VeriSign,
and any of our contractors, subcontractors, members, agents, employees,
officers, directors, shareholders, affiliates and assigns from all
liabilities, claims, damages, costs and expenses, including reasonable
attorneys' fees and expenses, relating to or arising out of (a) these
Terms of Use, (b) the VeriSign Services or your use of such services,
including without limitation infringement or dilution by you, or someone
else using our service(s) from your computer, (c) any intellectual
property or other proprietary right of any person or entity, or (d) a
violation of any of our operating rules or policies relating to the
service(s) provided. When we are threatened with suit or sued by a third
party, we may seek written assurances from you concerning your promise to
indemnify us; your failure to provide those assurances may be considered
by us to be a material breach of these Terms of Use. We shall have the
right to participate in any defense by you of a third-party claim related
to your use of any of the VeriSign services, with counsel of our choice
at our own expense. We shall reasonably cooperate in the defense at your
request and expense. You shall have sole responsibility to defend us
against any claim, but you must receive our prior written consent
regarding any related settlement.
13. GOVERNING LAW.
You and VeriSign agree that these Terms of Use and any disputes
hereunder including disputes related to the VeriSign Services shall be
governed in all respects by and construed in accordance with the laws of
the Commonwealth of Virginia, United States of America, excluding its
conflict of laws rules. You and we each agree to submit to exclusive
subject matter jurisdiction, personal jurisdiction and venue of the
courts of Fairfax County, FairFax, Virginia for any disputes between us
under or arising out of this Agreement. The parties hereby waive any
right to jury trial with respect to any action brought in connection with
these Terms of Use or the VeriSign Services.
14. AGREEMENT TO BE BOUND.
By using the service(s) provided by VeriSign under these Terms of
Use, you acknowledge that you have read and agree to be bound by all
terms and conditions here in and documents incorporated by reference.
Copyright© 2003 VeriSign, Inc. All Rights Reserved
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