nanog mailing list archives

Re: more on filtering


From: "Dave Howe" <DaveHowe () gmx co uk>
Date: Fri, 31 Oct 2003 16:13:01 -0000


daryl () introspect net wrote:
I don't see how that is the same thing here.  I have an
agreement with cust X to provide services in accordance with
my AUP.  cust X resells that service to cust Y, etc.  cust Y
is bound to the terms and conditions of my agreement with
cust X, despite that I do not have a direct agreement with cust Y.
Oh christ...network engineers trying to be lawyers.

I don't know much, but I do know that legal agreements in the US are
NOT transitive in this way, unless each agreement is included by
reference in the other.
They aren't legally, but they are effectively.
If X must abide by your AUP, then any traffic they forward for Y must also
abide by your AUP (or whatever penalties are in your contract with X will
kick in) - it doesn't matter what X's contract with Y says, as your
contract is with X and any penalties are to be applied to X; It is
therefore in X's best interest to insist Y abides by the AUP or
indemnifies X for any penalties, and/or negotiates with you to make sure
only Y's traffic is cut off on breach of the AUP by Y, rather than all
traffic from X.


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