All new Registrations are manually reviewed and approved, so a short delay after registration may occur before your account becomes active.
"Publicity" Agreements
I was reading the Terms of Service at HetrixTools that nobody ever reads and noticed this under section 11.0 entitled Publicity
All HetrixTools clients agree that HetrixTools may include their name and trademarks in a public list of HetrixTools clients and in online promotional materials.
All HetrixTools clients agree that HetrixTools may list their name and trademarks as being clients of HetrixTools, on the HetrixTools website/forum/blog.
Any HetrixTools client has the right to opt out of the above mentioned, by simply opening a support ticket on HetrixTools website and requesting it.
Is an automatic opt-in agreement like this normal? I understand that companies want to show off their clients, but isn't it appropriate to ask permission first before using someone else's name and logo?
Comments
DigitalOcean has a similar clause in their Terms of Service. Just giving DO as an example, I'm sure there are plenty others out there as well.
I personally don't see anything wrong with this, as long as it is clear that you do not use that brand's name/logo as your own or to impersonate that brand.
Yeah it's very common, almost normal to have clauses like this in TOS or other clickwrap contracts. However its just as common to remove, if you have the leverage. Be happy Hetrix actually offers a way to opt-out.
I'm sure @HBAndrei only has good intentions here, I just think it's a strange clause that (sort of) allows infringement of customer privacy.
What the actual fuck?!?
DigitalOcean's TOS:
"10. Publicity
10.1 Each Subscriber is permitted to state publicly that such Subscriber is a Subscriber of the Services. Subject to DigitalOcean's Privacy Policy, each Subscriber agrees that DigitalOcean may include such Subscriber's name and trademarks in a list of DigitalOcean Subscriber, online or in promotional materials. Each Subscriber also agrees that DigitalOcean may verbally reference such Subscriber as a Subscriber of the Services. Subscriber may opt out of the provisions in this Section 10.1 by e-mailing a request to [email protected]."
Worth pointing out that Vultr's TOS does not have this ridiculous clause.
Neither does Linode.
I just emailed Digital Ocean to opt out and would encourage others to do so.
This is one of the most offensive things I've ever read in a TOS. If you want to use someone's name, negotiate an agreement and compensation arrangement with them. DO expects me to pay them to use my name? Ridiculous, and it's pretty slimey to stick assumed permissions in a TOS like that.
@jarland this makes me very sad.
I can't find anything like this in the TOS for Vultr, Linode, AWS, Azure...
I agree - "assumed permission" shouldn't be in anyone's TOS.
Why?
I concede they're not in the TOS for those companies, and it may be more common in the enterprise space where I encounter it frequently. I can say that AWS and Azure both have these provisions in their contract terms as I've seen them first hand. In fact, Microsoft (Amendment ID M250 'Publicity') gives options for how they can use your Intellectual Property; MS Press & Social Media, Media and Analyst Interviews, Case Study, Industry and MS Events, and Customer Reference.
On the face of it, reserving the right to use your paying customer's brand without paying or even notifying your customer seems very generous to oneself, for lack of a better descriptor.
This might not be a huge issue with large, conservative enterprise names like Microsoft. I'm sure most brands would be honored to be listed on Microsoft's site.
But let's take (e.g.) a small brand with an eccentric owner. Now @Francisco knows he can always use the jiggawattz (TM) brand to sell his VPS. I'm always in his corner because I am always a supporter of quality hosting.
But let's say (again, e.g.) Fran goes batshit and decides to celebrate the 20th anniversary of Goatse by re-enacting The Taker outside Rogers Arena before and after the Canucks-Oilers game, inviting fans and anyone really to shoot hockey pucks at his arsehole.
He'd obviously be arrested, be all over B.C. and Edmonton news, people would google his name, they would find his website, they'd see my brand, then my PM box on LET would light up with a bunch of same-day-signups asking me if we are a part of some "club" that does these re-enactments often and how can one join. Now imagine if I had no idea he was using my brand on his website.
I just don't think these clauses should be allowed really...
Bit different there though, because if you're signing an enterprise agreement, you have your legal team on hand to rip those bits out if you don't want them in there, and neither care if you do.
Facebook pioneered this back in the day..
Because it's the first time DO has really F'd up.
How? Has DigitalOcean placed you, or anyone you know, unwillingly in any promotional material? Are you having trouble following the instructions to opt out?
You need notification for a policy that you agreed to when you signed up? I guarantee you that this was in the policy you agreed to on signup and was not added later. Also, name one customer in promotional material for any company using such a policy that hasn't been notified. Go ahead, name one.
What the heck does that have to do with me?
If you want to complain about this with some weight behind it, go find someone outraged that they're in promotional material due to this policy. THAT is the person I want to talk to, not the one who assumes imaginary problems, doesn't read what they agree to, or has trouble following simple opt-out instructions.
Here's some more fun reading for people who agree to policies without reading them and then find themselves shocked and appalled later: http://www.funnyordie.com/lists/7ea07f3f87/things-i-learned-while-reading-the-itunes-terms-and-conditions
The part that irks me is that you'd have to have access to client data (or a vps with a badly configured webserver on it) to figure out what brand the client is representing in the first place. Unless this is for business clients only who sign up using their business name.
Yeah if you sign up with [email protected], name your server mycorporation.com, and the A record of mycorporation.com points to the server IP.... yeah I'm gonna know who you are and what you do. How is that weird?
If you actually were to sit down and really think about this, you'd realize why it's there. But I'm not going to tell you. Think in terms of handshake agreements gone bad.
That's why all of my machine are #XXX.nekkipenis.party and the corporate shit is a ServerAlias,
Nobody reads the TOS. This shit is buried under paragraphs and paragraphs, even pages and pages, of (generally) standard dry legalese.
Maybe I should s/notification/permission
Not sure? I never mentioned you. I am not even a DO customer.
Customers are affected if they have inadvertently signed their rights away.
If DO doesn't plan to do this, then why even put it in the TOS?
At least @Francisco gives you the courtesy of a TL;DR pop-up. I just created this thread as a PSA.
Are you defending this clause?
Wouldn't you agree that the right thing to do here is to ask permission, not take it and require customers to opt out?
There is no solid defense in stating "I agree to terms without reading them." Especially when your provider gives you an easy to read TLDR version. You're actively admitting irresponsibility and blaming other people for it.
You quoted me before replying.
Which customers?
Because you weren't the lawyer helping draft it apparently. Are you looking for work? Can I review your legal credentials? There's a legal reason for this, but I'm not going to tell you what it is. This is for you to ask your lawyer.
We give you a TLDR right alongside the policy to the right of the page. If you agree to it without reading, that cannot be anyone's problem but yours.
I'm asking why you're upset about it. If you really want to understand the legal reason, you should ask a lawyer to interpret it for you. I think you'd find their explanation to be far more interesting than you think it is right now.
That would defeat it's purpose. Again, go speak to a lawyer about the reason for that. I promise you'll be surprised.
Does Digital Ocean's TL;DR mention that they can advertise customers' names/logos without explicit permission first on DO's website? @HBAndrei and @Francisco 's TL;DR doesn't.
What? How? Why does there need to be an element of "surprise" in order for the purpose to be fulfilled?
Seriously @jiggawattz, I know you like drama but it's really just getting old to me. I'm done, assume whatever you want and just call it fact because I don't feel like arguing with you over it. Have your lawyer contact me if he/she has any questions. You could go read the page or talk to me privately if you had actual concerns, this is just about drama and you know it.
@jarland we all love you. Feel free to use the jiggawattz brand to sell inboxes on MXroute. Just not Digital Ocean VPS. I can email you a logo of my penis if you don't have a stock logo already.
I can blow my load without blowing my wad at DigitalOcean. - @Nekki
Gonna need this by end of day, thanks.
I don't really understand all this fuss.
I mean, same thing as X company advertising that their technology powers X company. It's something that usually the clients are proud of. Free advertisement for them as well.
I'd be glad to be featured in DO as a Design company (as their client).
@jarland,
I can send you naked pictures and some chocolates if you want to...
Different example:
Some car brands don't want their customers to know where their car parts come from, many brands such as Renault, Opel, etc, share several parts, they're exactly the same. They do have agreements for such cases (at least in my POV) as it's not of their interest to advertise their competitors. Although, DO, for example, wouldn't advertise a competitor either, and that makes sense.
Now I recently bought a new Jeep, it advertises the engine to be Mercedes Benz, it's their overload CRD version, and people are actually proud for the advertisement. Both the brand owners (Jeep, Mercedes), and the end-user.
Do you see my point here?....
In any case, if DO decides to use your company as being part of their portfolio, you should thank them for the free advertisement. Otherwise just email them and tell them that you do not want it to happen and they won't do anything.
Can't imagine DO ever giving a shit about who I am.
Sure - Usually.
But what if Digital Ocean is outed as the hosting provider for some ultra right wing Catalonian terrorist group? And your name is plastered on their website? Without your explicit permission first?
We've actually already drafted the marketing material. You are now to us as Jared was to Subway, and you'll never see a dime! Muahahaha.
Just please don't be a pedophile.