This is but one section of their rather amazingly long ToS:
29. NONDISCLOSURE AGREEMENT As additional consideration for the SERVICES provided to you under this Agreement, and due to the proprietary and confidential nature of the SERVICES and the valuable trade secrets of Hagen Software contained therein, you specifically agree not to disclose or divulge any information whatsoever about the SERVICES or the related business practices of Hagen Software, or to post or print any reviews, ratings, comments, articles or other information of any kind about the SERVICES or the related business practices of Hagen Software on or within any web sites, newsgroups, chat rooms, e-mail messages, newsletters, newspapers, magazines, correspondence, oral commentary, presentations, audio or video recordings, or any other media of any kind, whether printed, electronic, or other formats either now known or hereafter developed, or to cause or direct any other individual, company, organization, or other entity to undertake the activities outlined above, without the prior express written consent of Hagen Software, if such reviews or comments are intended to slander Hagen Software or to harm its reputation for failure to accede to demands or requests by you that are outside the scope of the legal rights and obligations of the parties under this Agreement. You further stipulate that in the event that you (or any other individual, company, organization, or other entity that you cause or direct to engage in the activities outlined above) post any such reviews, ratings, comments, articles, or other information about the SERVICES or the related business practices of Hagen Software that are, in the sole judgment of Hagen Software, intended to slander Hagen Software or to harm its reputation for failure to accede to demands or requests by you that are outside the scope of the legal rights and obligations of the parties under this license agreement, you shall automatically be liable to Hagen Software in the amount of $25,000 (U.S. Dollars) per incident, and that you shall pay Hagen Software $10,000 per day for each additional day that the review, rating, comment, article, or other communication remains displayed in any electronic, print, or other medium. The parties understand that these amounts are intended to compensate Hagen Software for its damages and thus constitute a remedy and not a penalty. In the event that you violate this section, you hereby agree to waive all rights to any judicial appeal of this section and this determination, and you hereby stipulate that a court of competent jurisdiction shall enter judgment against you in the relevant amounts as determined above. You further acknowledge and agree that this section shall in no way infringe upon the rights of Hagen Software to pursue other legal remedies against you or to collect other damages for additional causes of action, including but not limited to libel, defamation, tortious interference with business, fraud, theft, copyright infringement, trademark infringement, or other legal causes of action, and that this section shall be applicable and enforceable regardless of whether Hagen Software pursues any other such legal remedies, and regardless of the outcome of any such actions.
I suppose that all depends on how aggressive their lawyers are about collecting their $25,000 fines. The interesting part being that since I'm not a party to any agreement with them, we aren't bound by any restrictions in mocking them on their book they wrote. :)
Besides, this illustrates exactly what happens when you let the lawyers have too much fun with your agreements. There were 41 other clauses just like that one all full of the same pile of legalese. It's a wonder they have any customers at all because I'd never willingly put myself on a host with draconian rules like that.
Even aside from the draconian nature of their rules, who would have the time/patience to read through them all to make sure they understand what they're agreeing to so they don't end up in violation of the rules???
I suppose that raises the valid point that there are enough folks out there that upon seeing a TOS that long would just scroll down and click the agreed button/box without so much as a glance at the actual content because it's too long rather than deciding that perhaps it's too long for the wrong reasons and moving on to another host instead. :sad:
It's a dedicated web host of some kind. Their package prices were very attractive when I ran across the link to their service but then I figured I may as well check their ToS to see what they will and won't allow. Clause 29 was just so over the top and ridiculous I had to post it, despite the implied legal threats.
I'm going with because of it. And I for one admit that with 20+ clauses all that long I'd either pass on their service, or quickly scroll and click I agree. Probably the former, but if I was one of their customers I'd have to be the latter.