kingofoverkill
03-05-2009, 11:56 PM
I couldn't believe it, but it is true. You can see it on their website here:
http://www.hagenhosting.com/about/tos.html
I would never agree to these terms of service from a hosting company.
What do you think?
Here is the text:
29. NONDISCLOSURE AGREEMENT
As additional consideration for the SERVICES provided to you under this Agreement, and due to the proprietary and confidential nature of the SERVICES and the valuable trade secrets of Hagen Software contained therein, you specifically agree not to disclose or divulge any information whatsoever about the SERVICES or the related business practices of Hagen Software, or to post or print any reviews, ratings, comments, articles or other information of any kind about the SERVICES or the related business practices of Hagen Software on or within any web sites, newsgroups, chat rooms, e-mail messages, newsletters, newspapers, magazines, correspondence, oral commentary, presentations, audio or video recordings, or any other media of any kind, whether printed, electronic, or other formats either now known or hereafter developed, or to cause or direct any other individual, company, organization, or other entity to undertake the activities outlined above, without the prior express written consent of Hagen Software, if such reviews or comments are intended to slander Hagen Software or to harm its reputation for failure to accede to demands or requests by you that are outside the scope of the legal rights and obligations of the parties under this Agreement. You further stipulate that in the event that you (or any other individual, company, organization, or other entity that you cause or direct to engage in the activities outlined above) post any such reviews, ratings, comments, articles, or other information about the SERVICES or the related business practices of Hagen Software that are, in the sole judgment of Hagen Software, intended to slander Hagen Software or to harm its reputation for failure to accede to demands or requests by you that are outside the scope of the legal rights and obligations of the parties under this license agreement, you shall automatically be liable to Hagen Software in the amount of $25,000 (U.S. Dollars) per incident, and that you shall pay Hagen Software $10,000 per day for each additional day that the review, rating, comment, article, or other communication remains displayed in any electronic, print, or other medium. The parties understand that these amounts are intended to compensate Hagen Software for its damages and thus constitute a remedy and not a penalty. In the event that you violate this section, you hereby agree to waive all rights to any judicial appeal of this section and this determination, and you hereby stipulate that a court of competent jurisdiction shall enter judgment against you in the relevant amounts as determined above. You further acknowledge and agree that this section shall in no way infringe upon the rights of Hagen Software to pursue other legal remedies against you or to collect other damages for additional causes of action, including but not limited to libel, defamation, tortious interference with business, fraud, theft, copyright infringement, trademark infringement, or other legal causes of action, and that this section shall be applicable and enforceable regardless of whether Hagen Software pursues any other such legal remedies, and regardless of the outcome of any such actions.
http://www.hagenhosting.com/about/tos.html
I would never agree to these terms of service from a hosting company.
What do you think?
Here is the text:
29. NONDISCLOSURE AGREEMENT
As additional consideration for the SERVICES provided to you under this Agreement, and due to the proprietary and confidential nature of the SERVICES and the valuable trade secrets of Hagen Software contained therein, you specifically agree not to disclose or divulge any information whatsoever about the SERVICES or the related business practices of Hagen Software, or to post or print any reviews, ratings, comments, articles or other information of any kind about the SERVICES or the related business practices of Hagen Software on or within any web sites, newsgroups, chat rooms, e-mail messages, newsletters, newspapers, magazines, correspondence, oral commentary, presentations, audio or video recordings, or any other media of any kind, whether printed, electronic, or other formats either now known or hereafter developed, or to cause or direct any other individual, company, organization, or other entity to undertake the activities outlined above, without the prior express written consent of Hagen Software, if such reviews or comments are intended to slander Hagen Software or to harm its reputation for failure to accede to demands or requests by you that are outside the scope of the legal rights and obligations of the parties under this Agreement. You further stipulate that in the event that you (or any other individual, company, organization, or other entity that you cause or direct to engage in the activities outlined above) post any such reviews, ratings, comments, articles, or other information about the SERVICES or the related business practices of Hagen Software that are, in the sole judgment of Hagen Software, intended to slander Hagen Software or to harm its reputation for failure to accede to demands or requests by you that are outside the scope of the legal rights and obligations of the parties under this license agreement, you shall automatically be liable to Hagen Software in the amount of $25,000 (U.S. Dollars) per incident, and that you shall pay Hagen Software $10,000 per day for each additional day that the review, rating, comment, article, or other communication remains displayed in any electronic, print, or other medium. The parties understand that these amounts are intended to compensate Hagen Software for its damages and thus constitute a remedy and not a penalty. In the event that you violate this section, you hereby agree to waive all rights to any judicial appeal of this section and this determination, and you hereby stipulate that a court of competent jurisdiction shall enter judgment against you in the relevant amounts as determined above. You further acknowledge and agree that this section shall in no way infringe upon the rights of Hagen Software to pursue other legal remedies against you or to collect other damages for additional causes of action, including but not limited to libel, defamation, tortious interference with business, fraud, theft, copyright infringement, trademark infringement, or other legal causes of action, and that this section shall be applicable and enforceable regardless of whether Hagen Software pursues any other such legal remedies, and regardless of the outcome of any such actions.