Just My Opinion

The facts about our recent problems

I have been thinking about our recent loss of materiaL. Some jumped to place blame. A few accepted responsibility for their own actions.

 

How many recognize these words, I agree to the terms of service.

 

They are preceeded by a box that must be checked. If the box is not checked you cannot post. What are those terms of service?

Disclaimer of Warranties

You expressly understand and agree that the Service is provided 'as is' and Aresta Enterprise does not warrant the accuracy, completeness, marketability, fitness for a particular purpose, or title to any of the data or function in its web site, any of the data or function linked to its web site, any data or function provided by partners or vendors of this web site, or any service provided herewith; nor does Aresta Enterprise assume any responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. Aresta Enterprise does not warrant that code, content, files, access, functions or any combination thereof are free of errors or corruptions.

 

Reservation of Rights

The Service and its benefits are offered at the discretion of Aresta Enterprise, and Aresta Enterprise has the right to modify or discontinue, temporarily or permanently, the Service, in whole or in part for any reason, at its sole discretion, with or without notice to you. You agree that Aresta Enterprise will not be liable to you or any third-party for any modification or discontinuance of the Service. Aresta Enterprise, in its sole discretion, may add, delete, or change some or all of the features of the Service at any time. 

You acknowledge that Aresta Enterprise has the right (but not the obligation) in its sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, Aresta Enterprise shall have the right to edit, refuse to post or remove any Content that violates these Terms of Service or is otherwise objectionable.

THE PERTAINENT PART IS:

nor does Aresta Enterprise assume any responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Seems clear to me. Did the first time I read it and does now.

 

ENOUGH SAID

 

Author's Note

Let's hear it for Charlie.

Reviews

[Deborah Leah Krempa]

I lost everything, except for a few writings and I do agree with you as i recall reading the terms of service agreement. But it still hurts. Thank you for sharing. This piece is very well written. Debileah

[Jonathan Bryant Dean]

I agree, and Thanks for sharing the means of recovering our work in the Google.com cache. I notice that Charlie implemented your idea, but he did not give you the credit for passing the info to him. Thanks for sharing the process with me and Rain and a few others that you know here at the cafe.

I had most of my work backed up, but I am using your suggestion for those that I did not have saved.

JBD

[Anne Martin]

This is a more or less standard legal document used by most providers of services. I've seen many of them. If we paid for the service, then it probably wouldn't stand up in court, at least here in the UK. It would contravene the Sale of Goods act. Since we don't pay them for the service, they could probably get off Scott free even if they didn't have these terms. Stupidity is not a crime, and they could only be found negligent if we paid for the service.

My ISP's terms of service state that they can amend their terms of service at any time, without notice, and we do pay for their service. Why bother having a TOS at all? Many TOS's aren't worth the paper they are written on. (Have you read Microsoft's terms lately?)

It isn't good practice to allow someone sole access "to our heart and soul" as one of our number so aptly put it. Everyone should have their own work backed up on their own equipment. It only makes sense.

[Monners]

I like this. Very well said.