On Thu, 2 Sep 1999, Ben Kosse wrote:
> > Heh, by that definition, Mail.com, Critical Path, and all the
> > other email
> > outsourcing companies are private. Not a good definition, though.
> Let me rephrase the "make money" part. It's only private if you don't
> receive goods or services in exchange for use of your services. Bleh, if I
> knew there were lawyers on this list.
Nah, I'm not a lawyer, I've just had to deal with them a lot.
> > Mail.com can write their contracts however they want; I suspect they
> > include provisions which cover their spam filtering and not being held
> > liable for any damages from filtering errors that
> > inadvertently prevent legitimate mail from getting through.
> Possibly, but unless they're covered by article 2B, they probably have no
> protection from that.
Check out http://www.ljextra.com/internet/UCC2Bintro.html, specifically:
---begin quote---
The second question every asks about Article 2B is, "Will my existing
contracts be valid?" This vital question is answered by Section 2B-107(b),
which provides: "Except as expressly provided in this article or in
Article 1, the effect of any provision of this article, including
allocation of risk or imposition of a burden, may be varied by agreement
of the parties". This means that you may contract out of virtually any
restriction, right, or obligation in the statute. Of course, there is a
short list of obligations that may not be varied by contract, but they are
common sense exclusions: "
---end quote---
The exclusions are listed on the web page. I don't think any would apply
here--UCC 2B won't have any effect on a pre-existing contract that
contains such a limitation on liability.
Jim Lippard [EMAIL PROTECTED] http://www.discord.org/
Unsolicited bulk email charge: $500/message. Don't send me any.
PGP Fingerprint: 0C1F FE18 D311 1792 5EA8 43C8 7AD2 B485 DE75 841C
