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From: zane@die_spammers.mabry.com (Zane)
Newsgroups: alt.religion.scientology,comp.org.eff.talk,alt.censorship
Subject: Tidepool Violates Own T&C?
Date: Sun, 19 Oct 1997 07:15:35 GMT
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All,

I don't know if this is a new provision or not:

>3. Tidepool Internet reserves the right to amend this Agreement.
>Prior to any amendment, Tidepool Internet will first publish the
>proposed amendment on Tidepool Internet If the amendment is
>unacceptable, you may terminate your membership pursuant to paragraph 21.
>IF YOU CONTINUE TO USE THE TIDEPOOL INTERNET ACCESS AFTER THE
>AMENDMENT BECOMES EFFECTIVE YOU WILL BE CONCLUSIVELY DEEMED TO
>HAVE ACCEPTED THE AMENDMENT.

Couple things about that section.

First it is _very_ poorly written.  There is no indication regarding
_where_ on TI the proposed amendment will be posted, and there is
nothing to tell us how long a period of time will elapse before the
"proposed" amendment "becomes effective".  In fact there isn't even
any indication that there will be notice that an amendment has "become
effective".  If that section was written by the same Dick I spoke with
the other day then IVI is in for some a nasty spanking when Grady
drags their sorry asses into court.

Having played the civil-court game myself in the past I can tell you
that one determined activist who devotes himself to learning
everything he can about some narrow part of the law can (if he
survives the considerable procedural hurdles presented to citizens by
the courts) kick the living shit out of a room full of high-priced
corporate whore attorneys who are really only committed to inflating
their egos and their bills.  In the past not having easy access to
laws and cases was a major stumbling block.  These days any fool can
find everything he needs on the net.  Happily most attorneys are
net.dumbshits allowing the savvy netizen to blindside them with all
sorts of references and arguments.

We all know that Grady is a whole lot smarter than I am and I've
kicked the crap out of a half-dozen corporate whores at once, more
than once, over the past five years or so.  Personally I think Grady
would have a lot of fun filing suit against the fuckers on his home
turf where travel and expenses aren't such a bother.  I really enjoyed
seeing the blustering puffed up three-piece suited assholes make
complete fools of themselves.  Their most prized possesion, their ego,
is their greatest liability.

Second, it's obvious that Cess^h^h^h^hTidepool didn't post any damned
"proposed amendment" before Grady's account was canceled without
notice and the terms and conditions were changed.  If section 3
contained the language about proposed amendments before they recently
changed the T&C then it's clear that Eric Wright et al can't even
follow their own stupid rules.

Tidepool and the ignoramus Eric Wright have put themselves and IVI in
a bad spot. They think their Dick can bully his way through this ...
they don't know Grady very well. :-)

Zane