Terms of Agreement Example

A friend of mine recently purchased an Asus Netbook, and she noticed some interesting conditions while she was reading through the terms of agreement for the Asus E-Membership Agreement.  I thought these were interesting enough to post…

Number four of the conditions is about member’s privacy, and says that users are “prohibited to give or share password and credit card details with any third party.”  However, the way that it is worded sounds like Asus users can not use e-commerce services such as Amazon that require credit card information.  I know that is not what is meant, but it could be interpreted this way.

Number six of the conditions says that members need to “abide by all related laws in Taiwan, Republic of China, and other Internet standards and formalities.”  Really?  Does this mean that users of Asus Netbooks are subject to censorship?  Do users need to follow all of the laws & where can one fine a copy of the international laws for Taiwan and China?

Number sixteen states that any intellectual property posted on the Asus web site belongs to Asus and can not be used without their permission.  I’m assuming this means anything created by Asus, instead of an end user which posts something and chooses to post it somewhere else online.  If it doesn’t, it sounds like Asus is racking up a bunch of intellectual property that really doesn’t belong to them.

In a way, I just have to laugh at how some of the terms of agreement are phrased.  I have heard of one time when a person who created the terms of agreement for a certain big computer company added a sentence that says “you shall give us your first born child.”  This was to see if anyone from the company really read through the agreements.  Thankfully, someone noticed and it did not make it in the published version.

Have you seen any poorly phrased terms of agreements?  Glance through them sometime–you might be surprised at what you’re agreeing to do!

4.Member's Privacy
Members will need to be responsible for the security of their personal
login names, passwords and other relevant personal details. They will also
need to be fully responsible for accessing their own account under ASUS
Online. Members are prohibited to give or share their password or credit
card details with any third party. If there are reports on vandalism of
credit account, please contact the webmaster of ASUS Online immediately.
6. Laws and Regulation
Members need to abide by all related laws in Taiwan, Republic of China and
other Internet standards and formalities. Since Internet transcends
national boundaries, members will also have to comply with the laws and
regulations in their residing country. If members use other International
web site provided by ASUS, they will also need to follow the domestic laws
and regulations and Internet standards and formalities that the region
specified in ASUS web site.
16. Intellectual Properties
Title to and interest in any logos, images, photos, files, illustrations,
software, or relevant information appeared in ASUS Online, its
intellectual properties belongs to ASUS or its source provider. The
members shall not duplicate, reproduce, transfer, modify or edit in any
way for any third party or individual benefits without ASUS or source
provider's prior written consents.

About repplinger

John has served as a Reference Librarian at Willamette University since 2002. He is the liaison to the Science Departments, and is responsible for maintaining the collections related to the life & physical sciences. His research interests range over the entire spectrum of libraries and information sciences, but includes: - Google and its influence on information & society - The Internet's influence on information seeking & sharing behaviors - Trends of scholarly communication - Electronic learning environments - Traditional pedagogy - GIS use in academic libraries

Posted on June 1, 2010, in Consumerism, Policies and tagged , . Bookmark the permalink. 2 Comments.

  1. Well did the friend join ASUS membership?


    • Barry,
      Yes, my friend did join the ASUS membership and hasn’t had any problems since. In my opinion, ASUS has turned out some very nice products. It is just really interesting what shows up in the fine print of legal agreements sometimes. 🙂

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