Re: Iperdome Press Release!

[Karl Denninger <karl@Mcs.Net>]

On Wed, Jul 16, 1997 at 12:29:57PM -0400, Vince Wolodkin wrote:
> > Vince, I am not a lawyer, and perhaps I am missing something, but that
> > language seems fairly straightforward to me, even for legalese.  Yes,
> > if you want to be a registrar you need to put up a substantial
> > application fee, and that fee is non-refundable if your application
> > is accepted.  Do you see something more there?
> 
> >From the application form:
> 
>                             TERMS & CONDITIONS
> 
> TC.4  Applicant acknowledges that applicant is in no way guaranteed to
> be approved as a gTLD registrar, nor is it guaranteed that modifications
> will or will not be made to the Internet.
> 
> TC.9  Applicant agrees to defend, indemnify, save and hold harmless each
> of the administrative Parties, from and against any and all claims,
> demands, liabilities, costs and/or expenses (including, without
> limitation, attorneys' fees) brought against, paid or incurred by each
> of the Administrative Parties, at any time and in any way resulting
> from, arising out of, or otherwise relating to applicant's application
> to become a gTLD Registrar, including any alleged or actual gross
> negligence or knowing and willful misconduct by the Administrative
> Parties. In no event shall any of the Administrative Parties be liable
> to applicant for indirect, incidental, consequential, special or
> exemplary damage or expense, including without limitation, lost profits
> or opportunity costs, even if the Administrative Parties has been
> advised of the possibility of such damage or expense.
> 
> 
> Read TC4 as --> we cannot guarantee that we will be able to enter any of
> these new gTLDs into the Internet roots.
> 
> Read TC9 as --> if we cannot enter the gTLDs into the root, you cannot
> sue us.  In fact you MUST defend us even if we already know that we
> cannot get the gTLDs into the Internet roots.  Oh, and BTW, as per the
> previous application language, we get to keep your $10,000.
> 
> Vince Wolodkin

That's cute.

TC.9: 	Even if we MALICIOUSLY screw you out of your $10,000 with full
	intention and knowledge, you STILL can't sue us.

Nice.

I have two words for the iPOC: 		BITE ME

May fleas infest your beds, eating at your genitals until all that is left
are stubs of what once was there.

This has to be the most offensive contractual language I have *EVER*
encountered.

--
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Karl Denninger (karl@MCS.Net)| MCSNet - The Finest Internet Connectivity
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