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Terms of Service - Do you accept without reading?

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Xentrk

Part of the Furniture
Terms of service are often too long to read, but it's important to understand what's in them. But, who reads them? Some are over 60 pages in length.

The site https://tosdr.org/ has a ratings system and consolidates the TOS into a few bullet points making it easier to understand.

You can also get the ratings directly in your browser by installing our web browser add-on:
 
People need to read those TOS agreements - click thru and you might agree to sell your kids into slavery and be legally bound into that agreement.
 
and be legally bound into that agreement.

Actually, a lot of these TOS wouldn't hold in court if they wanted to enforce them. Just like EULAs were once shown to be not legally binding, and there were a few cases involving a EULA that got overturned in court. There's a point where common sense and customer rights carry more weight than whatever non-sense a company might want to put in a TOS. I have a hard time believing for instance that those TOS that forbid you from launching a class action lawsuit would be legally enforceable. If a company is screwing over their customers, then existing laws have precedence over what you agreed to in their TOS.

If people took the time to read TOSs, then people wouldn't use anything. I once read a thorough analysis of the Adobe Reader TOS from expert folks who wanted to show how ridiculous those TOS were. Indeed, it contained a lot of non-sense. For instance, the TOS implied that if you had a computer with Adobe Reader installed and you wanted to give away that computer, you legally had to first uninstall Adobe Reader from the computer, so the new owner would have to download it himself, agree to the TOS, then install it.

Anyone willing to bet that if Adobe took someone to court over this (they obviously wouldn't, it was just a particular clause to protect against a totally different scenario), the judge would have dismissed the case?

TOS also are often much, MUCH broader than what's actually applicable, because they often contains terms that would give the company certain rights which they don't even need yet. For instance, a TOS might say that "our software may connect to our servers for various services", even tho the software doesn't do so. It's just in case the company may decide in the future to add a feature that allows the software to check on the Internet for the availability of software updates without having to request all their users to accept a new TOS.

So personally, I only check for some specific things if I need to. For instance if I need to determine whether a software can send any personal information to the manufacturer because the software is to be used in a sensitive scenario. To check TOS in every single occasions would be madness-inducing, and flat out unrealistic.
 
If people took the time to read TOSs, then people wouldn't use anything. I once read a thorough analysis of the Adobe Reader TOS from expert folks who wanted to show how ridiculous those TOS were. Indeed, it contained a lot of non-sense.

Yes, agree - and it's all written in legalese, which is convoluted enough...

My NDA, mutual NDA, and Statements of Work - my attorney is a no nonsense kind of person, and she created these docs in plain language that pretty much anyone can understand, and they've stood up to review from many other attorneys...

great resource here -- https://plainlanguage.gov/
 

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