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Mon 27 Sep1999 eBay User Agreement Change

From:   <ta-@xxxx.xxx>
Date: Tue Sep 28, 1999 1:06am
Subject: TAGnotes SPECIAL EDITION Monday 27 Sep1999 eBay User Agreement

The Auction Guild Notes SPECIAL EDITION 27Sep99
Addendum to Vol 1 Number 15
Ebay has announced a major change in their user agreement
effective 27 Oct 99.
Here are the changes by numbered section-
1. Membership Eligibility. eBay may refuse our services
(such as, but not limited to listings, chat,and bidding)
to anyone at any time, in our sole discretion.
Is changed to: Further, our services are not available
to temporarily or indefinitely suspended eBay members.

So it appears eBay has removed what has been called in
the online auction industry, the FU clause.

2. Fees and Services. This section is almost all
new as follows- We may change our Fees and Credits Policy
and the fees for our services from time to time. Our
changes to the policy are effective after we provide you
with at least fourteen (14) days' notice of the changes by
posting the changes on the announcements board. However,
we may choose to temporarily change our Fees and Credits
Policy and the fees for our services for promotional events
(for example, free listing days) and such changes are effective
when we post the temporary promotional event on the announcements
board. When you list an item you have an opportunity to review and
accept the fees that you will be charged for the use of our
listing services. We may in our sole discretion change some
or all of our services at any time. In the event we introduce
a new service, the fees for that service are effective at the launch
of the service. Unless otherwise stated, all fees are quoted
in U.S. Dollars. You are responsible for paying all fees associated
with using our service and our website and all applicable taxes.

3. Ebay is only a Venue. This has been completely rewritten,
but still claims venue only status for eBay.

4. Bidding and Buying. This is rewritten to include the new
Non-Binding Bid Policy which can be found here
Changed to:unless the item is listed in a category under the
non-binding bid policy or the transaction is prohibited by law
or by this Agreement.

5. Listing and Selling. This is rewritten, and increases
identical item listings for dutch or regular auctions from
7 to 10. It also adds language about non-binding auctions.
In addition it changes the VeRO language from-Program Members
have direct access to some of your personally identifiable
information as described in the Privacy Policy,
TO: VeRO program participants and other rights owners may
have limited access to some of your personally identifiable
information as described in the Privacy Policy. The paragraph
on price manipulation is added to this section.

6. Your Information. Though rewritten, it does not appear to
be any different from the old agreement.

7. Access and Interference. Used to be price manipulation-
that is now moved to 5. This now addresses Access and Interference.
This section appears to address the subject of stealing photos
and text from other auctions. Of course it also sounds as if they
are prohibiting ANY copying of ANY information, so even this
newsletter would be in violation, as would anyone copying quotes
from the boards, copies of the boards-even for personal use,
as there is no “commercial use” or any other qualifier.
They also prohibit “monitoring” of their site by any means or
for any purpose. To do any of the above, you must get explicit
written permission from eBay, or be in violation of their user
agreement. I guess only non-users will be able to monitor the site,
or copy information that would otherwise be legal for someone to
copy and use.
This is all new information as follows:
Our web site contains robot exclusion headers and you agree
that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our web pages or the content
contained herein without our prior expressed written permission.
You agree that you will not use any device, software or routine
to interfere or attempt to interfere with the proper working of
the eBay site or any auction being conducted on our site.
You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on our infrastructure.
Much of the information on our site is updated on a real time
basis and is proprietary or is licensed to eBay by our users
or third parties. You agree that you will not copy, reproduce,
alter, modify, create derivative works, or publicly display
any content (except for Your Information) from our website
without the prior expressed written permission of eBay or the
appropriate third party.

8. Feedback.   It specifically states that both your feedback
number and comments are part of your feedback rating, and that
you agree not to use either or the whole in any venue other than eBay.

9. Breach. In addition to the old agreement adds the following:
or the documents it incorporates by reference and also:
(c) if we believe that your actions may cause legal liability
for you, our users or us.

10. Privacy. As follows: We are TRUSTe and BBBOnline
certified. These organizations are dedicated to building trust
in the Internet by having member organizations such as eBay disclose
information practices. Our policy on privacy is held to high standards
by these independent third party organizations. Our current Privacy
Policy is available at

11. No Warranty and 12 Liability Limit, the content is the
same as that in the old agreement.

13. Indemnity. This is new. It releases ebay from responsibility
as follows:
You agree to indemnify and hold us and our subsidiaries, affiliates,
officers, directors, agents, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party
due to or arising out of your breach of this Agreement or the
documents it incorporates by reference, or your violation of any law
or the rights of a third party.

14. Legal Compliance has the same content as the old general
compliance paragraph, as does 15, the No Agency clause.

16. Notices has changed as follows:
Old Agreement says-Except as explicitly stated otherwise, any
notices shall be given by email to agree-qu-@e...
(in the case of eBay) or to the email address you provide to
eBay during the registration process (in your case), or such
other address as the party shall specify.
New Agreement says- Except as explicitly stated otherwise,
any notices shall be given by postal mail to eBay Inc. Attn:
Legal Department 2125 Hamilton Ave., San Jose, CA 95125
(in the case of eBay) or to the email address you provide to
eBay during the registration process (in your case). The rest
of this section is the same.

17. Arbitration is unchanged

18. Additional Terms- this is new and makes these attachments
a part of the user agreement through incorporation by reference:
Privacy policy-   http://pages.ebay.com/help/community/png-priv.html
Outage Policy-    http://pages.ebay.com/help/community/png-extn.html
Board Policy-     http://pages.ebay.com/help/community/png-board.html
Non-Binding Bid Policy-
Listing Policy-   http://pages.ebay.com/help/community/png-list.html.
Safe Harbor Policy-     http://pages.ebay.com/services/safeharbor/
Prohibited, Questionable & Infringing Item Policy -
Non-paying Bidder Policy-

19. General. is the same as 18. in the old agreement

20. Disclosures. is the same as 19. in the old agreement, with the
exception of the addition of the following:
By clicking "I Agree" below, you agree:
1. that you have read, understand and agree to abide by this
Agreement and the documents it incorporates by reference;
2. you intend to form a legally binding contract by clicking "I Agree"
3. a print out of the Agreement and the documents it incorporates
by reference will constitute "a writing" under any applicable law
or regulation.
* * *
If you would like an Auction House or Service Provider added to this
list, please email us at ta-@f... or TheAuction-@onelist.com.
If you have any info you would like to have added to this list,
email us at ta-@f... or TheAuction-@onelist.com.
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