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To: Mr Rogers
"False. Why would anyone agree to sign a contract where the person fulfilling the contract has no obligation to perform?"

First, does anyone actually read all the documentation from Amazon? Or Microsoft? Second, Amazon has a duty to perform as described in their SLA documentation. However, they also have requirements spelled out in the AWS Service Terms and the AWS Customer Agreement and the AWS Acceptable Use Policy, among others (about a half dozen others, but most stuff is covered in those three documents).

Have you actually read those? I have. Read through them and tell me again Amazon doesn't have the contractual right to boot people off their service for any number of reasons.

"Wrong again. When you sign a contract, you are NOT free to unilaterally change it. What lunacy makes you think a business has the right to quit performing a service they agreed to provide, causing serious financial loss to the other party?"

Actually, they CAN change the Service Terms and the Acceptable Use Policy and the Customer Agreement. It says so right there in their documentation that they can change them. And your contract with AWS says you'll abide by all of those requirements; regardless of changes. So yes, Amazon IS free to unilaterally change it. Every single hosting provider in existence has this language in their documentation and every single one regularly updates them. And every customer of theirs lives under the new terms.

This is how the real world works. Life is not an episode of Law and Order.

For example, from the AWS Customer Agreement Section 12:

"We may modify this Agreement (including any Policies) at any time by posting a revised version on the AWS Site or by otherwise notifying you in accordance with Section 13.10; provided, however, that we will provide at least 90 days’ advance notice in accordance with Section 13.10 for adverse changes to any Service Level Agreement. Subject to the 90 day advance notice requirement with respect to adverse changes to Service Level Agreements, the modified terms will become effective upon posting or, if we notify you by email, as stated in the email message. By continuing to use the Service Offerings after the effective date of any modifications to this Agreement, you agree to be bound by the modified terms. It is your responsibility to check the AWS Site regularly for modifications to this Agreement. We last modified this Agreement on the date listed at the end of this Agreement.

Read the AUP. They can boot anyone who uses AWS to host content that's "defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable". That can literally be anything. It is what Amazon says it is. Don't like it? Don't do business with them.

206 posted on 01/12/2021 9:50:53 AM PST by 2aProtectsTheRest (The media is banging the fear drum enough. Don't help them do it.)
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To: 2aProtectsTheRest

Every contract has an implied clause of good faith and fair dealing. So they can’t simply claim that Parler didn’t live up to their terms of service, they have to prove it and prove that they didn’t do it in bad faith.

By terminating without just cause, without sufficient notice and in terminating the service based on a standard that only applied to Parler, they are in breach.


222 posted on 01/12/2021 5:26:15 PM PST by P-Marlowe (Freep mail me if you want to be on my Fingerstyle Acoustic Guitar Ping List )
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