Sunday, November 05, 2006

Terms of Service, Spam and Trolls

Sitemeter is neat. It tells me (if I care to look) where visitors come from* and when they post, etc.

That also means that it is quite possible to cross link the time of a post by a troll or a spammer and follow-up on it. Since I've had some that were annoying enough, and since I've been thinking about a TOS statement anyway, here goes with my favorite, with thanks to some inspiration.**

By reading or posting here you agree to the Terms of Service that govern this site. You agree than any commercial spam, or any trolling, contractually obligates you, your assigns, licensees, privies and employers, and anyone you work as an agent for or who provides you internet access, to pay liquidated damages benchmarked by the highest per incident amount for copyright infringement (currently about $250,000.00) or the amount in the parenthesis prior, whichever is greater.

You agree to binding arbitration and to venue and jurisdiction in Collin County Texas using an arbitrator of my choice residing in the venue and jurisdiction.

You also agree to prejudgment execution including transfer of urls and domain names used in spam by you or your agents. You agree to full arbitration of all issues, including the authority of agents to post spam for you and authorize the transfer of domain names used in spam as an immediate remedy prior to the arbitration ruling. Any spam or troll posting includes a grant of a power of attorney by the poster and any person said may be an agent for to execute any and all steps to pursue remedies, including drafting on bank accounts or access to credit or transfer of domains.

Infliction of extreme mental anguish is to be presumed, and a stipulation that such is actionable in tort is also agreed to by all posters who spam or troll, even though such will also stipulate that if same is pursued in tort rather than contract that it was unintentional (though intentional if pursued in contract) though culpable that same is not to be discharged in bankruptcy and that rather than be renewed, as a judgment may need to be to keep from going dormant, all awards are permanent and do not go dormant.

All posters also agree to allow my use of their posts (and to transfer copyright to same) by virtue of posting here, so as to allow blog book publication and similar use without compensation beyond the satisfaction of having posted and having had the post published.

Yes. I dislike spammers and trolls.

* Sample:

Domain Name ? (Educational)
IP Address 137.165.213.# (Williams College Campus)
ISP Williams College Campus

I picked the sample because it is completely innocuous, someone visiting for SLD information that I am glad to have shared.

NOTICE TO SPAMMERS, COMMENT ROBOTS, TRACKBACK SPAMMERS AND OTHER NON-HUMAN VISITORS: No comment or trackback left via a robot is ever welcome at Three Years of Hell. Your interference imposes significant costs upon me and my legitimate users. The owner, user or affiliate who advertises using non-human visitors and leaves a comment or trackback on this site therefore agrees to the following: (a) they will pay fifty cents (US$0.50) to Anthony Rickey (hereinafter, the "Host") for every spam trackback or comment processed through any blogs hosted on, or, irrespective of whether that comment or trackback is actually posted on the publicly-accessible site, such fees to cover Host's costs of hosting and bandwidth, time in tending to your comment or trackback and costs of enforcement; (b) if such comment or trackback is published on the publicly-accessible site, an additional fee of one dollar (US$1.00) per day per URL included in the comment or trackback for every day the comment or trackback remains publicly available, such fee to represent the value of publicity and search-engine placement advantages.

Note, I asked the author for permission to use, emend and copy this and he said yes, though my use is currently limited to a footnote to reflect inspiration.


Anonymous said...

Stephen ROCKS!

Anonymous said...

I think these are just great.

Stephen said...

Feel free to use your own terms of service just like these (and to copy as much of these as you need).

The troll tracking function is one of the best reasons to install the free site meter service