Sponsor's Message

It seems that in the wake of yesterday's column, Xtra has backed away (at least a little) from its draconian IP-grab.

Xtra's excuse wasn't too much different to the one I suggested they might offer and IDG reports them as claiming that "The intention of these [changes] is to make clear that Xtra and its suppliers are able to deal with materials given to them by customers for the purposes of running their services."

However, neither Internet NZ, nor at least one other legal eagle are happy with the trivial amendments made by Xtra in its attempts to doge the bad press and tidal wave of emails from outraged customers.

Perhaps the rumbling of the draconian contents of Xtra's Service Terms serves as a timely reminder to ask this question:

Have you read every clause of every agreement you've either signed or accepted by clicking "I ACCEPT" on a piece of software or website?

I strongly suspect that few of us can answer "yes".

After all, it's been my experience that 90% of local spammers who send out bulk email do so through ignorance -- having not bothered to read the Terms & Conditions that form part of the contract they have with their ISP.

And even if you're smart and conscientious enough to read those click-through licensing agreements before you click acceptance -- have you been smart enough to keep a copy of exactly what you agreed to?

Readers Say (updated irregularly) From yesterday... MSN XTRA... - gremlin Response to Xtra's Dumbest... - Karl Xtra... - Alan Xtra and ownership... - Shane Possible reasons... - Alex Xtra... - Vincent Xtra IP clause... - Deane Join The SlashDot Discussion Have Your Say

As we saw yesterday on Xtra's website -- those terms and conditions can be changed in just a few minutes, leaving no trace of what was their just moments before.

Here's what you *should* do when faced with a click-through software or online agreement:

1. Print the full agreement and read it carefully. If there is no facility to display or print the entire agreement then don't accept it!

2. If you have any questions or concerns regarding the contents of the agreement, contact your friendly lawyer -- not the guy over the road who bought a law degree over the Internet. You could also contact the vendor for clarification -- but make sure you print out and file a copy of any correspondence in case you need to rely on it later.

3. Once you're happy and are willing to accept the terms & conditions then click on the relevant button and make a note in your diary so that you know the date on which you agreed.

And don't forget, those agreements are written by the vendor's lawyers and designed to protect the vendor -- not you!

If you closely inspect the various agreements that come with your software or which are associated with the use of online services you might get a bit of a shock so why not do it now.

Now let's see who can submit the best (ie: the *worst* and most draconian) end user licensing agreement or terms of service? send me a copy or the URL where it can be found and share it with the rest of Aardvark's readers.

And of course if any Aardvark readers have an opinion on today's column or want to add something you're also invited to chip in and have your say.

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