[SWLUG] SSH tunelling

Chris Jackson chriscf at gmail.com
Fri May 13 14:12:00 UTC 2011


On 13 May 2011 10:08, Steve Hill <steve at nexusuk.org> wrote:
> Might I suggest that breaking the T&Cs (specifically 3.2.1) might be
> construed as conducting yourself in a manner that signifies
> non-acceptance? :)

Perhaps, but "non-acceptance" after "acceptance" is per se a breach of
contract.

> In any case, would a court of law really find that someone has implicitly
> agreed to some T&Cs that they almost certainly haven't read because they
> are hidden away on a tiny link at the bottom of a page?

Yes.  The question isn't whether you read them or not, but whether you
were able to find and read them.  This usually turns up in cases where
the terms are withheld until after a purchase.  Given that, not
actually reading them would be your own problem.

Of course, that's the theory.  The *practice* of getting it done
internationally is rather more complex, given that once a court in E&W
has given judgment, you need to have it a foreign judge import it
before you can enforce it.  Or Something[TM].  An actual commercial
lawyer will be able to fill in the details.

-- 
Chris Jackson



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