Quote:
Originally Posted by mynameisjim
Just for the sake of argument, does any of this discussion even matter.
Can't a private company like an ISP pretty have much any TOS they want. For example, when you sign up to any ISP they usually have a line in the contract that says using this account for spam will cause them to close your account. They don't need proof from any sort of court, they can just cancel you as a subscriber if they suspect you are spamming.
I'm not saying it's right, but private companies have all kinds of shit in their TOS so they can pretty much tell you to fuck off anytime they want without any court proceeding. Credit cards, cell phone companies, gym memberships, they all have stuff in the TOS that lets them stop giving you service whenever they want for pretty much whatever reason. Most even have blatant language like "Company XYZ can terminate this agreement at anytime".
Check out some of the stuff you sign and you'll see what I mean. Very few companies are legally bound to continue providing you service if they choose not to and give you notice.
A quote from the Netflix TOS:
Even in adult, if a program puts it in their TOS that they don't want to pay for certain types of joins, they can do it.
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tell that to eharmony
http://www.ebar.com/news/article.php...s&article=1886
eharmony lost this case even though they proved they excluded gays because the cost of comming up with the 29 points of compatibility test for the demographic was not cost effective (they would spend more on the research then they would recoup by sellinf the service)
you can not tos away your legal responsibilities
try putting a clause in your contract that you won't pay hahahahahahas
and see how fast you get sued
such an action would violate privacy laws, rights to due process, etc.