more on Versign now owns your use of .COM and .NET?

[Dave Farber <dave () farber net>]

> Date: Wed, 17 Sep 2003 05:50:08 -0400
> From: Gene Gaines <gene.gaines () gainesgroup com>
> To: dave () farber net, lauren () pfir org, neumann () pfir org
>
>
> Are you sure you want to make the decision to "use" the web today?
>
> Fair warning.  Perhaps you should have a good lawyer review the
> below legal notices before you access another .COM or .NET address.
>
> I thought the Internet was an open, free means of communication.
>
> Foolish me.
>
> Verisign claims, if you mistype an address in "their" address space,
> that:
>
>   "At any time VeriSign may modify or terminate these terms of use,
>   its websites and the VeriSign Services and may at any time
>   discontinue your use of the VeriSign Services without any notice
>   to you, and without liability to you, any other user or any third
>   party. Please review these Terms of Use from time to time so that
>   you will be aware of any changes. Your continued use of the
>   VeriSign Services constitutes your agreement to all such terms,
>   conditions, and notices."
>
> Does this have anything to do with the fake "your domain name is
> expiring, send us your money now" mailing I received from Verisign
> when I do not have any domain names registered with them?
>
> The text from Verisign's Terms of Use page linked on the Verisign
> Sitefinder page is below.
>
> No, I won't include the entire text.  You will have to go to the
> sitefinder.verisign.com web site to obtain the entire text.
> But, do you dare take that action?
>
> Does accessing that site mean that you have agreed to the terms of
> their legal notice? Remember UCITA? The good legislature of the
> Commonwealth of Virginia passed an early draft of UCITA without so
> much as a good look at it. My supposition is, if you or the Verisign
> host are in Virginia, you automatically have agreed to the notice by
> accessing it.
>
> It is worth noticing the address of the Verisign legal department:
> 21355 Ridgetop Circle, Dulles, VA 20166.
>
> You did read the Verisign privacy policy at sitefinder.verisign.com
> didn't you?
>
> I guess it is not important.  There are a few things there such as:
>
>   "When you visit our Site Finder, our computers may automatically
>   collect statistics about your visit. ... We may monitor statistics
>   such as how many people visit our Site Finder, the visitor's IP
>   address, which pages a visitor views, from which domains our
>   visitors come and which browsers and browser settings visitors use."
>
>   "We assure you that the information we gather from you about your
>   visit is in aggregate form and solely for the purposes of operating
>   and improving the performance of our Site Finder." [I assume this
>   may include financial performance, political performance, etc.
>   -Gaines comment]
>
>   "... We may use temporary cookies ... This is set upon your arrival
>   to our Site Finder. We may use permanent cookies for the purpose of
>   remembering and enabling your indicated preferences for content
>   filtering. ... Our third party web site analytics vendor also may
>   send a permanent cookie in order to track click behavior and gather
>   aggregate information, including information to define new visitors,
>   analyze site path data, and track historical commerce information."
>
>   "... we may correlate Web site traffic information with data about
>   individual users ... We may also break down overall usage statistics
>   according to customers' domain names, browser types, and MIME types
>   by reading this information from the browser string ..."
>
>   "You are responsible for periodically checking our web site for
>   changes to this Privacy Policy."
>
> Did you notice that the above indirectly implies you give Verisign
> authorization to do content filtering for you? Gosh. That is yet
> another legal notice, at
> http://sitefinder.verisign.com/preferences.jsp?cookie=1&ru=/lpc
>
> If you access that page, Verisign automatically places a cookie and
> sets "Partial filtering".
>
> Given all the above, I am sitting here thinking. Do I need the
> Internet? Can I do without it today? No, I cannot. I will not be
> able to earn an income this day without using the Internet. There
> is a hurricane coming, and I have preparations, people to contact
> whose email addresses I have, but not their phone numbers. Yesterday
> a laptop computer going to my nephew in Spain was stolen from FedEx,
> I have his email address but not his phone number, and he will be
> at a cybercafe in Barcelona in a few hours. I have 300 people to
> notify of a get-together in DC this evening, and a reception after
> an FCC event tomorrow, I can do that with one email but I do not have
> phone numbers. A check is being deposited in my bank account tonight,
> I was counting on paying some bills online. Do I need the Internet?
> Perhaps this morning I should take time to drive over to Verisign's
> legal department, it is only 15 minutes from my house.
>
> Gene Gaines
> gene.gaines () gainesgroup com
> Sterling, Virginia USA
>
> From http://sitefinder.verisign.com/terms.jsp :
>
> Terms Of Use
>
>
>    1. INTRODUCTION.
>       In these terms of use ("Terms of Use"), "you" and "your" refer to 
> each user ("User") and its agents and "we", "us" and "our" refer 
> collectively to VeriSign, Inc. and its wholly owned subsidiaries 
> (collectively "VeriSign"). This Agreement sets forth our obligations to 
> you, and your obligations to us solely in relation to the use of the Site 
> Finder services provided through this web site (the "VeriSign Service(s)").
>
>
>    2. NATURE OF THE VERISIGN SERVICES.
>       You may have accessed the VeriSign Service(s) by initiating a query 
> to our DNS resolution service for a nonexistent domain name. We are 
> unable to resolve such queries through the DNS resolution service. You 
> are free to reformulate your query and retransmit in the manner you 
> transmitted your initial query or to use the search services of third 
> party providers. The information provided through the VeriSign Services 
> is not necessarily complete and may be supplied by VeriSign's commericial 
> licensors, advertisers or others. The system used to provide the VeriSign 
> Services is separate and apart from that which is used to provide the DNS 
> resolution service and may differ substantially in terms of speed, uptime 
> and other performance parameters. The VeriSign Services complement our 
> DNS resolution service and provide information that may prove useful to 
> you in locating the resources you originally intended to access. The 
> VeriSign Services are provided only for your personal and non-commercial 
> use. You are not authorized to modify, copy, display, transmit, license, 
> create derivative works from, transfer, distribute or sell any 
> information, software, products or services obtained from the services 
> VeriSign provides through this web site. You may not "meta-search" the 
> VeriSign Services. If you want to make commercial use of the VeriSign 
> Services, you must enter into an agreement with us to do so in advance.
>
>
>    3. COST OF THE VERISIGN SERVICES.
>       The Verisign Service(s) are provided to you free of charge.
>
>
>    4. LINKS TO THIRD PARTY WEB SITES.
>       The VeriSign Service may automatically display categories and links 
> to other third party web sites. These sites are displayed as search 
> results or are linked through keyword search results by the VeriSign 
> Services. These third party sites are not within our control, and 
> VeriSign does not endorse, and is not responsible for any content on any 
> linked sites or the goods or services offered on such sites. The search 
> results that appear are merely made available to you for your own 
> non-commercial use. We cannot be held liable for the acts or omissions of 
> those third party sites. Your obligations and usage may be governed by 
> such third party's terms and conditions and it is not our responsibility 
> to require such access by you or your compliance with such terms and 
> conditions. VeriSign does not represent, control or verify the accuracy 
> of the information made available through the VeriSign Service.
>
>       BY THE VERY NATURE OF THESE VERISIGN SERVICES, THE RESULTS MAY 
> CARRY SUBJECTIVE MATERIAL AND INFORMATION. YOU AGREE AND ACKNOWLEDGE THIS 
> AND WILL USE CAUTION AND COMMON SENSE AND EXERCISE PROPER JUDGMENT WHEN 
> ACCESSING THE VERISIGN SERVICES AND THIRD PARTY WEBSITES. AS A CONDITION 
> OF YOUR USE OF THE VERISIGN SERVICES YOU WILL NOT USE THE VERISIGN 
> SERVICES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THE TERMS AND 
> CONDITIONS HEREIN.
>
>
>    5. Use of the VeriSign Services.
>       You agree not to use the VeriSign Services in any manner that is 
> unlawful, or in any manner that could damage, disable, impair or 
> otherwise interfere with another party's enjoyment and use of the 
> VeriSign Service. You may not manipulate or attempt to gain unauthorized 
> access to our website or systems or any websites or systems connected 
> through our website through hacking, password mining or any other means.
>
>
>    6. Modification by VeriSign.
>       At any time VeriSign may modify or terminate these terms of use, 
> its websites and the VeriSign Services and may at any time discontinue 
> your use of the VeriSign Services without any notice to you, and without 
> liability to you, any other user or any third party. Please review these 
> Terms of Use from time to time so that you will be aware of any changes. 
> Your continued use of the VeriSign Services constitutes your agreement to 
> all such terms, conditions, and notices.
>
>
>    7. No Warranties.
>       THE VERISIGN SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY 
> WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. VERISIGN, TO THE 
> FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES EXPRESS OR 
> IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A 
> PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY 
> OR THIRD PARTY RIGHTS. VERISIGN MAKES NO WARRANTIES OR GUARANTEES AS TO 
> THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE VERISIGN 
> SERVICES OR ANY OTHER MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND 
> LINKS FOUND ON THE VERISIGN SITE. VERISIGN DOES NOT WARRANT THAT THE 
> VERISIGN SERVICES WILL OPERATE ERROR-FREE OR THAT THE SITE OR ITS SERVER 
> IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. YOU UNDERSTAND AND 
> AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE 
> USE OF THE VERISIGN SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU 
> WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR 
> LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. 
> SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED 
> WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO 
> HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO 
> JURISDICTION.
>
>
>    8. Consequential Damages Waiver.
>       NEITHER PARTY SHALL BE LIABLE TO THE OTHER OR ANY THIRD PARTY FOR 
> ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR DAMAGES FROM LOST 
> PROFITS OR LOST USE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE 
> POSSIBILITY OF SUCH DAMAGES; THIS SECTION DOES NOT LIMIT EITHER PARTY?S 
> LIABILITY TO THE OTHER FOR (A) WILLFUL AND MALICIOUS MISCONDUCT; OR (B) 
> INDEMNIFICATION UNDER SECTION 11 HEREIN.
>
>
>    9. Liability Limitation.
>       UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER 
> PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR 
> EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY 
> OF SUCH DAMAGES), ARISING FROM ANY PROVISION OF THIS AGREEMENT (INCLUDING 
> SUCH DAMAGES INCURRED BY THIRD PARTIES), SUCH AS, BUT NOT LIMITED TO, 
> LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. YOUR USE OF THE 
> VERISIGN SERVICES IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH ANY 
> OF THE MATERIALS, RESULTS OR OTHER CONTENTS OF THE VERISIGN SERVICES OR 
> WITH THESE TERMS AND CONDITIONS, OUR PRIVACY STATEMENT, OR OTHER 
> POLICIES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE VERISIGN SERVICES 
> OR OUR SITE.
>
>
>   10. Sole Remedy.
>       YOUR USE OF THE VERISIGN SERVICES IS AT YOUR RISK. IF YOU ARE 
> DISSATISFIED WITH ANY OF THE MATERIALS, RESULTS OR OTHER CONTENTS OF THE 
> VERISIGN SERVICES OR WITH THESE TERMS AND CONDITIONS, OUR PRIVACY 
> STATEMENT, OR OTHER POLICIES, YOUR SOLE REMEDY IS TO DISCONTINUE USE OF 
> THE VERISIGN SERVICES OR OUR SITE.
>
>
>   11. OWNERSHIP.
>       Except as otherwise set forth herein, all right, title and interest 
> in and to all, (i) registered and unregistered, U.S. and foreign, 
> trademarks, service marks and logos; (ii) U.S. and foreign patents, 
> patent applications, and patentable ideas, inventions, and/or 
> improvements; (iii) U.S. and foreign trade secrets, proprietary 
> information, and know-how; (iv) all divisions, continuations, reissues, 
> renewals, and extensions thereof now existing or hereafter filed, issued, 
> or acquired; (v) registered and unregistered, U.S. and foreign copyrights 
> including, without limitation, any forms, images, audiovisual displays, 
> text, software and (vi) all other intellectual property, proprietary 
> rights or other rights related to intangible property which are used, 
> developed, comprising, embodied in, or practiced in connection with any 
> of the VeriSign services identified herein ("VeriSign Intellectual 
> Property Rights") are owned by VeriSign or its licensors, and you agree 
> to make no claim of interest in or ownership of any such VeriSign 
> Intellectual Property Rights. You acknowledge that no title to the 
> VeriSign Intellectual Property Rights is transferred to you, and that you 
> do not obtain any rights, express or implied, in the VeriSign or its 
> licensors' service, other than the rights expressly granted in this 
> Agreement. To the extent that you create any Derivative Work (any work 
> that is based upon one or more preexisting versions of a work provided to 
> you, such as an enhancement or modification, revision, translation, 
> abridgement, condensation, expansion, collection, compilation or any 
> other form in which such preexisting works may be recast, transformed or 
> adapted) such Derivative Work shall be owned by VeriSign and all right, 
> title and interest in and to each such Derivative Work shall 
> automatically vest in VeriSign. VeriSign shall have no obligation to 
> grant you any right in any such Derivative Work.
>
>
>   12. INDEMNITY.
>       You agree to release, indemnify, defend and hold harmless VeriSign, 
> and any of our contractors, subcontractors, members, agents, employees, 
> officers, directors, shareholders, affiliates and assigns from all 
> liabilities, claims, damages, costs and expenses, including reasonable 
> attorneys' fees and expenses, relating to or arising out of (a) these 
> Terms of Use, (b) the VeriSign Services or your use of such services, 
> including without limitation infringement or dilution by you, or someone 
> else using our service(s) from your computer, (c) any intellectual 
> property or other proprietary right of any person or entity, or (d) a 
> violation of any of our operating rules or policies relating to the 
> service(s) provided. When we are threatened with suit or sued by a third 
> party, we may seek written assurances from you concerning your promise to 
> indemnify us; your failure to provide those assurances may be considered 
> by us to be a material breach of these Terms of Use. We shall have the 
> right to participate in any defense by you of a third-party claim related 
> to your use of any of the VeriSign services, with counsel of our choice 
> at our own expense. We shall reasonably cooperate in the defense at your 
> request and expense. You shall have sole responsibility to defend us 
> against any claim, but you must receive our prior written consent 
> regarding any related settlement.
>
>
>   13. GOVERNING LAW.
>       You and VeriSign agree that these Terms of Use and any disputes 
> hereunder including disputes related to the VeriSign Services shall be 
> governed in all respects by and construed in accordance with the laws of 
> the Commonwealth of Virginia, United States of America, excluding its 
> conflict of laws rules. You and we each agree to submit to exclusive 
> subject matter jurisdiction, personal jurisdiction and venue of the 
> courts of Fairfax County, FairFax, Virginia for any disputes between us 
> under or arising out of this Agreement. The parties hereby waive any 
> right to jury trial with respect to any action brought in connection with 
> these Terms of Use or the VeriSign Services.
>
>
>   14. AGREEMENT TO BE BOUND.
>       By using the service(s) provided by VeriSign under these Terms of 
> Use, you acknowledge that you have read and agree to be bound by all 
> terms and conditions here in and documents incorporated by reference.
>
> Copyright© 2003 VeriSign, Inc. All Rights Reserved
> Privacy Policy | Terms Of Use | Content Filtering Preferences | Help

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