My only point about Zillow.com's terms holds them unaccountable for any problems you experiences from using their site. They state:
>(A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR >(D) ANY OTHER CAUSE OF ACTION Sounds to me like, whether it's because of a weak password or whatever, they can't be held liable. And in the final clause, they simply state that if you don't like those terms, don't use the service. Those terms sound fine to me. Even if I have no security for people's password, personal info, etc., sounds to me like the terms above protects me under any circumstance, including (C), negligence. Now concerning Sharebuilder.com's position: First, your link was a PR departments "friendly-face", "warm-and-fuzzy" explanation of how they'll take care of you and provide you with security. However, the legal departments position, and the only one that counts is: http://www.sharebuilder.com/sharebuilder/Legal/Default.aspx, particularly in our discussion, point 27: 27) Security and Confidentiality You agree that you will be fully responsible for the confidentiality of your user name and password. You further agree that you will be fully and solely responsible for all activities, including brokerage transactions, that arise from the use of your user name and password. You will immediately notify us in writing or by e-mail of any loss, theft or unauthorized use of your user name, password and/or account number(s). So, their "bottom line" is that you're responsible for "all activities", brokerage or otherwise, "that arise from the use of your user name and password." So, again, they positioned themselves so that only the client is at risk if somebody finds out about their user name and password and abuses it. At least that's my take... Rick > -----Original Message----- > From: Todd [mailto:[EMAIL PROTECTED] > Sent: Friday, January 25, 2008 12:52 PM > To: CF-Talk > Subject: Re: SSL Necessary? Important? > > I'm not sure how Zillow.com's terms supports your "My strong password or > else" argument (which is what I thought this was) as all you did was show me > their terms of use. > > Now try to find one one here - > http://www.sharebuilder.com/sharebuilder/Security/Default.aspx > > I can choose any password I want there. I'm sure that Sharebuilder probably > has real time monitoring going on and Zillow doesn't. Is that what the > difference between the terms are? Real time "we got your back security" > versus some real estate website listing properties? *shrugs* No idea. > > On Jan 25, 2008 12:02 PM, Rick Faircloth <[EMAIL PROTECTED]> wrote: > > > Here's some of the "Terms" for use of Zillow.com... a Real Estate listing > > website. > > > > 9. LIABILITY LIMITATION; EXCLUSIVE REMEDY. IN NO EVENT WILL ZILLOW.COM OR > > ANY SUPPLIER BE LIABLE FOR > > ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, > > SPECIAL, INCIDENTAL, OR > > PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS > > OF USE OR YOUR USE OF THE > > SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH > > DAMAGES. THE EXCLUSION OF > > DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND > > SURVIVES IN THE EVENT SUCH > > REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED > > UNENFORCEABLE. THESE LIMITATIONS AND > > EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) > > BREACH OF CONTRACT, (B) BREACH > > OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE > > EXTENT SUCH EXCLUSION AND > > LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH > > ANY PART OF THESE TERMS > > OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST ZILLOW.COM OR ITS > > SUPPLIERS WITH RESPECT TO THESE > > TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO > > DISCONTINUE USING THE > > SERVICES. > > > > Now that pretty iron-clad legally, I think, that no matter what you do, > > password or other-wise, they're not going to pay for it. Quite > > "bottom-line", "my way or the highway", especially that last clause... ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Adobe® ColdFusion® 8 software 8 is the most important and dramatic release to date Get the Free Trial http://ad.doubleclick.net/clk;160198600;22374440;w Archive: http://www.houseoffusion.com/groups/CF-Talk/message.cfm/messageid:297476 Subscription: http://www.houseoffusion.com/groups/CF-Talk/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/cf_lists/unsubscribe.cfm?user=11502.10531.4
