Wednesday, March 18, 2009

Does a company have to follow their own TOS?

Does a company have to follow their own Terms Of Service?

Let me put it this way: What are the possible ramifications for a company that fails to follow their own TOS? So if you are suspecting that the consequences would have to depend upon the circumstances of the violation, then I have to ask a follow up question: If the degree of a company's violation of their own TOS matters, then why bother posting a TOS in the first place?

There simply is no point to having a TOS if you're going to violate your own rules, and there is no point to changing your TOS to adjust it as you please, if you're going to treat it similarly (freely violating it).

I know, I know, it's all rhetorical questions where I have the answer. I have the answer because I've been thinking about it a lot recently, as I got into a spat with MarketWatch's comment board Admin over a comment that I had made:

"@az1103
Your opinion is worthless while the test I took when i was 10 counts."

According to MW's own TOS:
"You should... refrain from ever personally attacking the person making the posting"

Now, if you look at what I posted, I was extremely careful to direct my adjective, "worthless" to an individual's opinion, and not the person himself. And, my choice of adjectives was extremely precise, as not to say that a person was without worth, but that his stated opinion had no value. According to the Merriam Webster Dictionary, "worthless" means, "lacking worth."

So, I go through the trouble of carefully crafting a retort to someone's derogatory comment, only to be slapped on the hand by MW's Admin? This is where MW is stoking my ire.

The Admin responds to my critique of his/her lacking of adhering to their own TOS, by suggesting that a new TOS will be coming out, and that the TOS is a "guideline" anyway.

Folks, that is no way to respond. It may work for the Pirate's Code from the Pirates of the Caribbean, but not a TOS of a major media outlet. And for the record, there isn't a mention of "guidelines" in the TOS, which means that their Admin person is making it up. But the Admin IS making the point, that MarketWatch is not required to follow their own TOS, and when they do issue a revised TOS, they won't have to follow that new TOS either.

And therefore I ask you, does a company have to follow their TOS, and if they do, are there any consequences when they fail to follow their own TOS?

More importantly...why do I care?

I care because I enjoy these types of challenges. If someone throws down, I'm not backing down.

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