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North American Network Operators Group Date Prev | Date Next | Date Index | Thread Index | Author Index | Historical RE: Even you can be hacked
On Fri, 11 Jun 2004, David Schwartz wrote: > So why does everyone think the ISP is almost certainly entitled to be paid? > Is it because they're ISPs? Is it because it's easy to blame someone else? I notice that Webmaster's license agreement includes this clause: DISCLAIMER OF WARRANTY. The Software is provided on an AS IS basis, without warranty of any kind, including without limitation the warranties of merchantability, fitness for a particular purpose and non-infringement. The entire risk as to the quality and performance of the Software is borne by you. Should the Software prove defective, you and not WebMaster assume the entire cost of any service and repair. In addition, the security mechanism implemented by the Software has inherent limitations, and you must determine that the Software sufficiently meets your requirements. This disclaimer of warranty constitutes an essential part of the agreement. Why does Webmaster put the entire risk on the customer, including warning that the security mechanism has inherent limitations? Shouldn't Webmaster be responsible if their customer suffer a loss whatsover the cause, even if it wasn't due to any negligence on the part of Webmaster? It is the customer's responsibility to ask any specific questions about implementation or scalability or arrange for a more extensive trial prior to requesting that a permanent key be issued. Once a permanent key has been issued there are no refunds and all sales are final. Seems like Webmaster is requiring customers to be experts in Webmaster's products. Shouldn't it be Webmaster's responsibility to analyze and warn customers about every possible problem they could ever experience, secure the customer against all possible harm, and compenstate the customer for all losses?
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