Loomio
Thu 13 Sep 2012 12:59PM

Add ToS and PP documents for podmins to use

A altruism Public Seen by 75

Create a set of Terms of Service and Privacy Policy documents for podmins to use or customize from.

G

groovehunter Thu 13 Sep 2012 3:10PM

I added the text from calispora as template for podmins on diasporaproject.org http://diaspora.openspirit.de/node/6 - I hope I replaced all concrete terms.

A

altruism Thu 13 Sep 2012 3:18PM

Groove, I do not see any licence information on thoose documents at calispora, so maybe we should as David (the admin) if it is okey to use them for this.

A

altruism Thu 13 Sep 2012 3:26PM

Groove, sorry, I now see that the ToS clearly states information about license, but not the PP (what I can see).

HF

Hans Fase Fri 14 Sep 2012 1:13AM

You can see a working sample of what I have done here.
https://hfase.com/terms

Basically that covers both the terms and privacy of the site but could be re-written or translated. Also with a little more advanced coding it would be possible to add a field to the users table and a check-box for users to agree.. :)

T

tortoise Fri 14 Sep 2012 3:17AM

Hi Hans!

This is a great first stab.

I just spottd a few tiny things that you may want to correct [in brackets]:

"As a user[comma] you agree to any information you have entered above [to be] stored in a database. While this information will not be disclosed to any third party without your consent[comma] the webmaster, administrator[comma] and moderators cannot be held responsible for any hacking attempt that may lead to the data being compromised."

As far as the second sentence, what about just using an indemnity clause. I think using the word "hacking" may scare people off. A lot of people have different definitions of that word. So why not say something instead like, "you agree to indemnify the webmaster, admin, and/or moderators of [this pod] to any third party for using this website." I'm not sure if that is exactly the wording in legalese, but may be better than mentioning hacking! :) What do you think?

HF

Hans Fase Fri 14 Sep 2012 3:41AM

One of the biggest things was compliance with COPPA
http://www.ftc.gov/ogc/coppa1.htm

For this reason a checkbox would be required so that the user can state that they are over the age of 13.

Having a ToS & Privacy page are absolutely essential in my eyes though as a webmaster. I do not want to run into litigation due to what somebody else does with my website...

T

tortoise Fri 14 Sep 2012 3:59AM

@Hase: It does seem a little reckless not to have a TOS/PP. I really do not understand the sentiments not to have one posted.

I do understand however that it is a complex and challenging issue.

I'm curious to know what are the consequences of having no TOS/PP if something terrible were to happen? Have you heard of anything?

HF

Hans Fase Fri 14 Sep 2012 4:38AM

Disney was fined $3,000,000 for not adhering to COPPA...

http://www.pcmag.com/article2/0,2817,2385444,00.asp

T

tortoise Fri 14 Sep 2012 4:46AM

WOW! That is a good example.

Know of any others?

SH

Steven Hancock Sat 15 Sep 2012 5:08AM

madamephilo even adding it to the CLA wouldn't require podmins to have a TOS or PP, the CLA only applies to developers who contribute code to the project. Podmins are users (and, because the AGPL requires it, distributors) of the software so only the terms of the AGPL can apply to them, anything else would be "additional restrictions" and the license doesn't allow that.

Of course, regardless of the license if they're running a public pod (or any kind of public website) they still have to the law and (in the U.S., at least) FTC regulations.

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