Quoth Peter Galbavy on Thu, Jun 15, 2000:
> > > 3. It is illegal under German and Dutch law to change the body of
> > > a mail message in transit. It might potentially be illegal in
> > > the UK under European law.
> >
> > ..unless the customers have signed T+C allowing you to, I'd imagine.
>
> Not always. Remember "statutory rights not affected" ? I would check with
> *your* legal person as to your liability position here, not just advise your
> client to do so. There are different types of law, and some cannot be signed
> away in T&Cs - see the "Unfair Terms In Consumer Contracts Act" (I think).
I don't know about US (where do you live, anyway?). And IANAL.
But in UK and Israel, IF you sign an unfair contract, you are
STILL liable to act according to it, and if you don't, the
company who signed the contract with you may sue you. You CAN
countersue them for unfair contract, but then it becomes the
matter of who sues more money out of the rival. So IF you want
to breach the contract, you SHOULD sue them first. Or to avoid
signing the contract in first place, but you should be really
careful. And consult your lawyer for details before signing the
contract (you all have personal lawyers, don't you?;). All this
should be taken with care. Again, IANAL.
> Again, I would very stongly advise caution at the legal - not the
> technical - level.
Always. Not only when disclaimers are the issue. Rule #1: don't
sign anything unfair.
Vadik.
--
Avoid reality at all costs.