Prohibited Content Clauses in Current Shrinkwrap and Clickwrap Contracts

From Google - Information Services Agreement
URL: http://www.google.com/services/terms_free.html Found by Lisa Arrasmith January 31, 2003

4.2 Customer. Customer warrants that:
(1) all information provided by Customer in the Registration Form is true and accurate;
(2) Customer has read and agrees to Google's terms and conditions agreement, available at ;
(3) it has full power and authority to enter into this Agreement;
(4) Customer's Brand Features, Content, or Site do not (a) infringe any Intellectual Property Rights of any third party, (b) constitute defamation, libel or obscenity, (c) result in any consumer fraud, product liability, breach of contract to which Customer is a party or cause injury to any third party, (d) promote violence or contain hate speech, (e) violate any applicable law, statute, ordinance, or regulations, or (f) contain adult content or promote illegal activities, gambling, or the sale of tobacco or alcohol to persons under twenty-one (21) years of age;
(5) it will seek all necessary governmental approvals required to effectuate this Agreement;
and (6) it shall make reasonable efforts to perform all of its obligations under this Agreement in accordance with applicable laws.

From Angelfire's "Rules and Regulations"
URL: http://angelfire.lycos.com/doc/rules.html Found by Vergil Bushnell at 6:28 PM, March 13, 2000

The following is a non-exclusive list of actions and content that are prohibited on the Site. Angelfire may cancel any Membership associated with such actions or content or may remove any associated Member Web Page with or without prior notice, in its sole discretion...

d) Material that is, in Angelfire's view, grossly offensive to the Angelfire Community, including, but not limited to clear expressions of bigotry, racism, or other hate speech, or threats of violence...

h) Material that
1.depicts adult or pornographic content;
2.is contrary to customary standards for material suitable for public display; and
3.lacks serious literary, artistic, political, educational, or scientific value...

j) Creation of a Member Web Page that contains hyperlinks to content not permitted on Angelfire...

p) Conduct that is deemed by Angelfire, in its sole and absolute discretion, harmful to Angelfire, any third party content provider, or other individuals...

All judgments concerning the application of these guidelines are made at the sole and absolute discretion of Angelfire.

From XOOM.com's "Terms of Service"
URL: http://www.xoom.com/TOS Found by Vergil Bushnell at 9:35 PM, March 3, 2000

We do not allow nudity, pornography, and sexual material of a lewd, lecherous or obscene nature and intent or that violates local, state and national laws ...

We do not allow any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable; including posting other peoples' private information.

We do not allow content that promotes, encourages, or provides instructional information about illegal activities -- specifically hacking, cracking, or phreaking...

We do not allow hate propaganda or hate mongering, swearing, or fraudulent material or activity;

From Adobe's "Adobe Photoshop 5.5 Tryout for Windows" "License Agreement"
Adobe Photshop 5.5 Tryout can be downloaded from http://www.adobe.com/products/photoshop/demodnld.html, Found by Vergil Bushnell at 6:58 PM, Feb. 29, 2000.

Unless stated otherwise in the Documentation, you may display, modify, reproduce and distribute any of the Stock Files included with the Software...

Stock Files may not be used in the production of libelous, defamatory, fraudulent, infringing, lewd, obscene or pornographic material or in any otherwise illegal manner.

From Microsoft's End User License Agreement for "Microsoft Agent"
EULA snippet from James Love's Jan 7, 1998 CNI-Copyright post

"You may create scripts or programs that use the Microsoft Agent API to animate the character and static or animated images that are provided by Microsoft to enable the end-user selection of an animated image, provided, however, that you do not: (a) use the Character Animation Data and Image Files to disparage Microsoft, its products or services or for promotional goods or for products which, in Microsoft's reasonable judgment, may diminish or otherwise damage Microsoft's goodwill in the SOFTWARE PRODUCT, including but not limited to uses which could be deemed under applicable law to be obscene or pornographic, uses which are excessively violent, unlawful, or which purpose is to encourage unlawful activities;"

Comments and suggestions to Manon Ress manon.ress@cptech.org

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