Don’t link to us, or else…
Saturday, 5. April 2008, 07:05:36
I just came across a really interesting product/service. Clients available for both Windows and Mac OS X even. It's still in beta, and it's free though it isn't clear whether it will remain free when out of beta. Anyway, I downloaded the clients (didn't install anything yet), and went on to read their user license, privacy policy, and terms of use (TOS). Yes, I am one of those idjits who actually reads such boring documents.
Well… boring? In their TOS I came across a not-so-boring section “Linking to Website”, which starts out like this:
(a) You may create a link from your own website to the Website provided that you obtain our prior written consent (…)
They go on to state a number of conditions: for instance that you DO NOT “link from a website that is not owned by you”. Which, of course, implies that I cannot link to them from here (I don't own My Opera after all), even if I wanted to point out this really interesting (beta) product they have (which I wanted, before I read this), never mind linking to their TOS.
Just to rub it in, the second paragraph of “Linking to Website” states:
(b) We expressly reserve the right to revoke any right we grant to you to link to our Website should you breach any of these terms of use. By linking to the Website, you indemnify us for any losses, damages, liabilities, costs or expenses that we, or any of our group companies, may suffer or incur due to your breach of any of the terms set out in paragraph 4(a) above.
God forbid. Linking to them might actually cause bandwidth consumption, which could cause expenses! Even with permission, linking to them may not be such a good idea… you might end up having to pay for their bandwidth costs.
I've never seen such a thing. Are they nuts? *) (Or their lawyers?) Can they even legally enforce this (under UK law)? I don't think I'll try that really interesting beta product after all. In case you're interested and you are not able to find out who they are from the clues above, you can PM me and I'll tell you their company name — just don't link to them: you've been warned!
*) Update: This company is the very first winner of the Peanut Award! 
