-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA1 On 8/30/2013 7:47 PM, Ask Bjørn Hansen wrote: > Hi everyone, > > Thank you for all the feedback. I've read all of it but I've a lot > of things going on this week so I'll give a summary reply here to > the things that stood out from the thread: > > - The goal of adding some legalese is the longevity and stability > of the project. Even if what we do is generally "free" and "under > the radar", we're increasingly providing a core service to the > internet community.
- -- snip -- > - I think all the server operators fall in under "agents" or > something in the terminology, but I'll have to check with the > lawyer. > > - A lawyer[1] did create the terms (with my input) and a couple of > other legal documents that we will get to later. It's been on my > todo (and in progress) for a long time. It's way way way down on my > list of things I look forward to doing when I take time to work on > the project here. - -- snip -- First, I want to say that I appreciate this comment period, and thanks for sharing the initial draft. (quote) ... the relationship between you (as “End-User”) and Develooper LLC (together with its officers, directors, affiliates, employees, agents, representatives, successors and assigns, the “Provider”)... ... 9. This TOS represents the entire agreement between Provider and End-User and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic). If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable. (end quotes) Use of the language "represents the entire agreement..." and "... supersedes all prior" seems to be an overreach. I'm far more comfortable with being able to alter my own policy by simply going back in and editing things as I've been doing like this: https://support.ntp.org/bin/view/Servers/PublicTimeServer000903 Also, as per your comment: "I think all the server operators fall in under "agents" or something in the terminology, but I'll have to check with the lawyer." Yes, please check with a lawyer. I'm not comfortable with the current language of the TOS. There was never any implication that I would be redefined as "an agent of Develooper LLC" when I added my server a few months ago. Please consider adding additional language similar to the suggestion by Daniel Frank <[email protected]> "The servers in the pool consist of a group of volunteers who may leave the pool, restrict or end their service at any time and do not accept any liability in case their service does not work as expected. The same applies to the pool itself." Mainly, my request is that terms of service DOES NOT use the language "represents the entire agreement..." and "... supersedes all prior" and imply that a server operator is "an agent of Develooper LLC" - -- Sarah -----BEGIN PGP SIGNATURE----- Version: GnuPG v2.0.17 (MingW32) Comment: Using GnuPG with Thunderbird - http://www.enigmail.net/ iQIcBAEBAgAGBQJScoyrAAoJEL5NTv0FKXxnbyIP/1exJaW9/wCKkhY+blGiKdHF KkRak9CewH4rEJiOL+lh7xyRl9fKgN77Imwn80EdEeiMc7BFNsmF6rEdZ7EwGTX7 3tXMo8W7b6JYRMTAJZz6l/fUBS/FVjMoPribBTcki2pcJSSgFwHe6GQnvPdAy94W 9UHGQxZ4QW8KGBkEVEkNRXVMG+p9cUQoTf4O0N9ws+LA0gLWZyQ9QtBi6j81e1Iy Hp9jZKtc+BfS+GpoILGdpY8aXnGUkegNJSP/0ETOO+Aznl6ERzlqgKFlObb8h5Lv 64mw4cxSiVQXhM9vZip/cUhJTnALWa8cXaQGh+5YmoYwetJQvGFhoydZwI96TaXL pa7WzSJcMCrfxFaHIsRiw57vWagW4nvVbJ7OXmfCuNtB6tJODvQFCUphHGbx2BkD uOiQvOBhq68P3EsXiKq1w31AYBM7AJdJ+B36wQC8af2wJqoTxnUEY3D903A70M7K tSe35Eq5nDzQmlqoIZD1PZmTd/5i6yGHJdITE/bpkmBRo+uq5YEGedtBhw4cGBet i4mQvZ5Z62tXdUuJoOqgi2BP3SEsQgiw1mLjBvVoH0ZDC40n/HZHDmlflgcczmAv 66HXmFLk9GD2el2kst54e2dEfEwDArkbOK+GTtkeOA0ySPAzohmSHuXLXeBCR6iP UQga67NyskoBqWKfb2a3 =LC98 -----END PGP SIGNATURE----- _______________________________________________ pool mailing list [email protected] http://lists.ntp.org/listinfo/pool
