Quote:
You seem to be confused (no big surprise there). Let me explain to you how things work. Any AUP is only as enforceable as the law allows it to be. For example, someone can sell me a gun and tell me that I can go kill someone if I want but that doen't make it legal or right to do. It's the same thing with an AUP. It can define what I am allowed to do and not do with their service but still needs to fall under the constraints of the law.
|
Indeed plenty of confusion in this thread.
And you are absolutely right that the law trumps the AUP. And if one were to violate an AUP but remain within the bounds of the law, the only recourse for the service provider would be to terminate them. They have no legal basis to pursue anything further. At least not that I am aware of.