Forum Feedback What exactly is legal?

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greenhorn

greenhorn

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I'm starting this thread because something was not allowed because it is not legal, and it was mentioned that that particular subject was not open to discussion.

I dont mind if a rule is made on TE, and am perfectly willing to follow it, even if i feel it is arbitrary ( heck, it doesn't affect me at all :P)

But just a clarification - Breaking the ToS on anything is not necessarily illegal. Its just breach of contract, and whatever happens will be be between you and the other party. There will be be no law enforcement involved, because , there are not laws broken, and only the contract enforcers will be after your behind, and they will have legal options, and accordingly the law will come into play. And you really dont have to do anything crime to breach a website's TOS. It can be as trivial as using adblock on myspace.

Of course IANAL, and this is based on my not too good understanding of the law. I know there is at least one lawyer around here :P , feel free to correct me :ashamed:

I thought we were over this, especially after the ebay coupons thread lock and the discussion after that.if this were to be strictly applied, we'll have to remove the entire overclocking and modding sections. If nobody cared, we'd all be posting links to warez and copyrighted movies left and right.I know its not that simple, but I'm just curious where we will draw the line and why.

PS: for those of you who dont know, TE has a TOS too.Just scroll down to the bottom and look at the right side.
 
What exactly was the topic which wasnt allowed, please mention it here sirji.

In regard to ToS, its agreement/contract between two parties, anything you do which is in relation to one party which in turn effects the other contractual party. You are not responsible for the act/damage as you being third party come under privity of contract. But lets remember that only the issues which are of purely contractual nature are under privity. Discussing/sharing something which is wrong under the laws of the land eg pirated software is illegal.
 
What is illegal on the internet? I would raise some questions here. I am not too sure, lets say TE was hosted say in sweden, and a subject that is illegal in India is not illegal in sweden.

Would my words posted still be considered illegal?
 
setuniket said:
In regard to ToS, its agreement/contract between two parties, anything you do which is in relation to one party which in turn effects the other contractual party. You are not responsible for the act/damage as you being third party come under privity of contract. But lets remember that only the issues which are of purely contractual nature are under privity. Discussing/sharing something which is wrong under the laws of the land eg pirated software is illegal.
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thanks for the insight. your posts here ( and elsewhere) have always been helpful and to the point :)
 
SharekhaN said:
What is illegal on the internet? I would raise some questions here. I am not too sure, lets say TE was hosted say in sweden, and a subject that is illegal in India is not illegal in sweden.
Would my words posted still be considered illegal?
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All depends (i think) in which jurisdiciton the owner is located, which in this case is India so TE is beholden to Indian law + any other intl. law that may apply.
 
in addition, might also depend on the country in which TE is hosted (if the servers are not in india)
 
Greenhorn, can you open up the classified information..what were you weren't allowed to do ?

Secondly from tracert, TE is hosted in US.. servint.. some vps managed hosting , check with admin for more info.

What more I liked, if TE is being the only site hosted over this VPS then why the hell resources like RAM are being wasted over WHM/Cpanel..maybe its for managed hosting..eh... [oops wrong place]
 
I guess we define legal as something for which you wont get sued. :bleh: If you are referring to the sale of some accounts on TE, then I believe we are not responsible for enforcing the TOS of other websites. But as mentioned by setuniket if it is a law then it doesnt matter.

coolraghav said:
What more I liked, if TE is being the only site hosted over this VPS then why the hell resources like RAM are being wasted over WHM/Cpanel..maybe its for managed hosting..eh... [oops wrong place]
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IF

And besides there is a usability factor and feature list which favors Cpanel.
 
Renegade said:
I guess we define legal as something for which you wont get sued. :bleh: If you are referring to the sale of some accounts on TE, then I believe we are not responsible for enforcing the TOS of other websites.
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As long as TE doesnt have any contract with that company/website in respect to that prohibition of sale of accounts, you dont have any liability towards such website/host/company.The member who choses to sell the account will be liable to action by the company. Furthermore the ToS of TE has this clause:

You agree to indemnify and hold TechEnclave.com, its parents, subsidiaries, staff, harmless from any claims and expenses, including attorney's fees, related to your violation of this Agreement, including any abusive or unlawful behavior on the part of you or your dependents, or the infringement of any intellectual property or privacy right of any person.
You shall remain solely liable for the Content you upload or transmit to any Forum, gallery, message content area or any interactive area of this Site. You agree to indemnify and hold harmless TechEnclave.com from any claim, action, demand, loss, expense or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. In the event that you have a dispute with one or more users, you release TechEnclave.com (and our staff) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
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But still IMO if TE has knowledge that the sale of particular account is prohibited by the parent company, it should avoid any such transactions to happen in TE as this clause doesnt protect you from being sued. You have to defend yourselves under the clause mentioned earlier.
 
setuniket said:
But still IMO if TE has knowledge that the sale of particular account is prohibited by the parent company, it should avoid any such transactions to happen in TE as this clause doesnt protect you from being sued. You have to defend yourselves under the clause mentioned earlier.
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How does one show 'knowledge' :)

Its a grey area and the usual way around it 'dont ask, dont tell'.
 
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