Re: New Boost website ready for launch

From: Phil Endecott (spam_from_boost_dev_at_[hidden])
Date: 2024-07-03 13:52:38

Joaquin Lopez Munoz wrote:
> El 18/06/2024 a las 15:23, Phil Endecott via Boost escribi?:
>> [...]
>>
>> I continue to find the "terms of use" page problematic. If you want to 
>> have a
>> "legally binding agreement" between you and casual site visitors, then 
>> at the
>> very least that needs to be a full-screen popup that everyone has to 
>> see and click
>> "agree" on before they can view the site. Content in a link at the 
>> bottom of the
>> page that the user hasn't clicked on cannot possibly establish a 
>> contract.

> Hi Phil, thanks for your feedback, this is a discussion of the points 
> you raised:
>
> Legally binding agreement
>
> As a matter of fact, using a service implies abiding by its terms of use 
> via the so-called "implicit consent" provision.

"As a matter of fact", even in the US the enforceability of terms and
conditions presented in a link in a webpage footer has been problematic
for many years. For an interesting (humorous) recent Californian example,
see Weeks v. Interactive Life Forms:

https://www.courts.ca.gov/opinions/documents/B323430.PDF

For a much older story that I think summarises the position well, see:

https://www.forbes.com/sites/ericgoldman/2012/10/10/how-zappos-user-agreement-failed-in-court-and-left-zappos-legally-naked/

Quote: "Thus, the only websites that can't easily implement a clickthrough
agreement are sites that have no checkout or registration processes. Websites
in that category should carefully consider why they need a user 
agreement at all."

> For its own protection and that of other users, any service provider 
> must be able to deny (or at least prohibit) access to malicious users 
> (like, for  instance, those posting illegal content)

By definition, it's already illegal to post illegal content. Websites don't
need additional terms of use to prohibit what's already illegal.

Neither of us are lawyers, and I'm not going to spend time discussing
this in any more detail.

Regards, Phil.