Originally Posted by Lady-Loki
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And, I believe when you clicked through to register you in pretty much agreed to accept Outspark's TOS which means yes they can. And if you read the TOS is is written in gray a good bit so that leaves it open to interpretation and I can assure you that if you want to challenge them on it,outside of a court of law, they will win. In a court of law they most likely will win but with a minor concession to edit some piece of the TOS.
But again, when you clicked through to register you agreed to them having the right to "restrict any constitutional rights" that being freedom of speech. And you HAD to accept the TOS or you get stopped in the registration.
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I'm not sure you understand law.
A set of terms for service, or a contract can in no way violate the law. Even if you have agreed to it, it is still illegal.
With concrete evidence that the terms violate the law, you will win the case.
Most amataur law practioners dont get that when a case is brought to the court, it does not depend on the other factors such as agreement. It simply addresses the reason its taken to court in the first place.
For instance I could draft a contract saying:
A) You forfeight your human rights
B) You forfeight the ability to move freely
C) You forfeight the right to speak freely
D) This agreement is subject to change at any time.
And you can agree to it, but a judge would still find it illegal on my part.